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Land Conservation Contract with Garrod Trust - For agricultural use per Williamson Act Reso 2091 and Reso 3025 VINfE S. Gl'RRUD". AGRICULTURAL CONSULTANT . Telephone 867-9527 . 22600 MT. EDEN ROAD . SARATOGA, CALIFORNIA September 2.1970 Councl1 Clty of aupertlno Cupertlno Cal1fornla BEl Wllllamson Act Gentlemen I Last December we made a request to have dertaln propertles we own whlch are ln the Clty of Cupertino lncluded under the Wl11lamson Act vla a contract to be executed by you. Due to 111ness of your attorney andtravel on my part the dlscusslons were never contlnued. At thls tlme we would 11ke to renew our request for a hearlng, and followlng the hearlng the slgning of a centract whlch wl11 place that portion of the ranch whlch ls withln the C1ty of Cupert1no under thls Act. It ls our lntent that w111 be done pr1or to December 1 so that requests be1ng made to the Clty of Saratoga and the County of Santa Clara ean be acttd upon al.~wlth your actlon and the property can be placed under th1s act -:-" for' , the f1scal nar 71-72. I have requested coples of the app11catlon a8 developed by the County of Santa Clara. poss1bly by conferenees w1th your staff they can be adopted. or adapted. to f1t t needs an s of your c1ty. MEMBER: AMERICAN SOCIETY OF FARM MANAGERS AND RURAL APPRAISERS AMERICAN SOCIETY OF AGRICULTURAL CONSULTANTS City of Cupertino :1JmORANDtJ:1 December 30, 1970 TO: James H. Sisk, Director of Planning' FROM: WID. E. 1J.y:!~.r, Actin~ City Hana¡:;er SUBJECT: Applications to Establish A¡:;ricultural Preserves Î.'l)r';Il~HLt to t'c" provisiofi£ of Resolution No. 2091 establishing pro- cedureR for initiat:¡"8, filiag aad proces,;ing rccu"ctf; to egtablish a¡;ri- cultural "reserves I <\'1'. fon.."rdiug two applications for such a contract. Application :10. 1 is fro:" Otis F. and :iuri.el :1. re,r?", for Ps"'~"So,,' c Parcel "10. 321-41-.72 cocsbthw of 9.76 acres 1oC::lteò north ~i<1" of E":,,e- stc"d P.o".!, 600 fcet '.Jcst of ~;m."to¡;,:a-~u"nyvélh' :(OiCCU. Application :10, 2 is fror:, Otis )', For;:c for ,~sses~"r'9 P".rcel 110. 326-10-018 cond.sti!,? of 7.38;:' acres 10c,qt"ò. vest steic of SaratC'ga...Sunnyv[\1e Road bct\;<>cn HOPl'2stelJ !!.oad anc' I'i.~¡may 2,iO. ^ public hearing on these appU.caUoi1s bar, been Rr."cdule~ for the City Council meeting of l'ebruary 1, 1971. This ;;i11 N,rmlt the thirtv-day in- terim perIod for you to submit a report thereon to t'1" City r;o'mdL Ibd CC: Gladys McHugh Deputy City Clerk Hrs. Anne Dalton Cupertino courier P.O. ßox657 Cupertino, CalIfornia Dear Mrs, Dolton: Fe are enclosin¡c publiglwd January 13, 95014 January 4, 1971 0 be Our Purchase Order r , izes Dul'lication of t;!Ïs n. publications throuRh June is enclosed, author- to cover all legal '0 :0 r.ladys HcHugh Deputy City Clerk 'po- -"'. CITY OF CUPERTINO RECEIPT No. ~ 4 7990 ~~g~VEDrTnl-,'-:dQß~:fj/Y1l II 192L ADDJI:;¿;¿I,OO rlJIkl,h'j ~Ç4 CAS. I xC< . ...1 ~~~:: ..1 DOLLARS c;ntS 0 c '> L- c. c, . . '-- EXHIBIT "A" CITY COUNCIL CITY OF CUPERTINO APPLICATION FOR LAND CONSERVATION CONTRACT FOR INCLUSION OF LAND INTO A CITY OF CUPERTINO AGRICULTURAL PRESERVE Separate applications are required if titles to parcels are vested differently, or if parcels of property are non-contig- uous. 1. APPLICANT-OWNER CAE?'I2C?O kc(ST Name (please prInt or type) / ~ /! AGENT_1/,v¿óP:- .:::>, &fi%?;eoJ::¡ Name ). ). {"bO Number ~ í. £ C>E A/ Street 54 /ê-4Tt?ti,4 City ~S"ó...zP - Zip cõCíè (The above address will be used for all correspon- dence) #15 7- 9527 Telephone Number 2, LOCATION OF THE PROPERTY. - ~~T#~7r side of #/'EPEA/ Nort. , South, East, West Street. or Road I?~é' /--:;;;;-4'7;> and 5>-E¿;/ePJ L:;4r¿?~ at between Street or Road Street or Roåd 3, ASSESSOR'S PARCEL NUMBER (S) :7'C73-//-C7ð3 ::5C3- //-Oð2- flo 31- 90 Total acreage: ///, rO For each parcel attach: . 1. Assessor Maps (4) or I copy of reproducible (tracing, translucent, sepia, etc,) 2. Legal descriptions (2) Identify each legal description by Assessor Parcel Number (s). - 1 - Applica- tion No,- " . ¥ 4. PRESENT USE OF PROPERTY ( please check all applicable uses) ¡/ Agriculture Orchard ~Row Crop---Hay~Grazing~ v Drying, Packing, Processing of Agricultural Commodity Holding of Non-producing Land for Future Agricultural Use v Holding of Non-producing Mineral Resource Areas for Future Use ~ Maintained in Natural State for Recreational, Plant or Animal preserve ~ Single Family Dwelling for Residence of Family of Owner or Employees , Farm Labor ,/ Agricultural Stands (sale of produce) Aircraft La~ding Strips ~ Public Utilit¡ Installations V Communication Facilities -- v' Hunting and Fishing V Rifle and Pistol Ranges V' Riding and Hiking Trails J/ Riding Academy Gas & Oil Drilling V Vineyards Quarry or other mineral gathering activ{ty Other (describe) 5. If the present zoning of this property is other than A (agricultural), a completed applicatio~.requ;sting a change in zoning to A (agricultural) shall be attached hereto. - 2 - .~ 6, Attach two completed Land Conservation Contracts which must be signed by all property owners. All signatures must be properly acknowledged, Separate applications are required if titles to parcels are vested differently or if parcels of property are non-contiguous, 7. Detach and return completed property rental questionnaire to Assessor. 8, File application with the City Clerk of the City of Cupertino, 10300 Torre Avenue, Cupertino, California 95014, Telephone Number 252-4505, - 3 - (Persons ß1gn ng under Authority of a Po~f Attorney must furnish a copy of this Authority) 'bvJK 9323 PAGE 735 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 S. R. 2 W., of Mount Diablo Base and Meridian, where said line intersects the center line of Mount Eden Road; thence along said east line N. 0 deg, 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' W., 20 chns. to a stake; thence N. 0 deg. 5' E. 20 chns. to a stake; thence S. 89 deg. 25' W., 20 chns.; thence S. 0 deg. 5' W., 40 chns. to a stake; thence E. following the center line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 45 deg, E, 1640 feet, more or less,to a point on the East line of Sec- tion 34. T. 7 S., R. 2 W.; thence N. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust Revised 3/17/71 .1 , . ".!:,ÕCI1/."..A.. ~¡j-I\ ð~ n V~Ñ vi / 3.? 0' & f(. Ot-fJ& 1l t-oan WD! Of } <:I ~ .... ~ ~ ,§¿3-//-dOJ.. ~ ~ 90 ACUS ;.. ~ ~ ~ ~ ~ \j ~ ~ ~~ / .;1,l.p,' Vr I < 5173-/1- 003 3/. 90 ACIi?E!: 132.0' ø~f Dï1 p1-f-/J or ~ rJ pi ~p. ¡Jøø~ VI ðr t-~N ~ ~ ~ ~ ~ '" ~ ~ ~ L/ld/!)! ¿)¡: C hl?/1òD 7/?t/.rT W/TI//# TI/E C/lY C,;:- Ct/P¿RT/4JiP ~ ,Il /' .P Rtf Y / / / .I1t:þ'ð 5C.lJLE /": 5"¿1C1' PI 5Ec. 34 ..,.. 7 S. £"z w. .A:!,,4P /S Pð2T/,é74/ j74':;P' // ðtJ'tJ'k'J'V.3 5A'/P7/l C¿h'Æ"'H' ?#///7Y P5'"fß'.íd£:J /Y,KJ/7.f ~ ~ ~ 1 r-- ---- ;¡ 5"IrV t?¡C" .' 5//e// fl?,5,r:J ..-t' ! í{2r/>/ (xfltiOD \ ¡,.fI fl/ p} tJf I EX!lIBIT "En LA!-:]) CONSEnVl\TIO!\ CONTRACT This is an agreement between the City of Cupertino, California, (hereinafter called "City"), und c94F- ?GO!::> ~4'..5-Z-_- (hereinafter called "Owner"), WHEREAS, Owner possesses certain real property located within the City of Cupertino, County of Santa Clara, Stute of California, which is presently devoted to agricultural uses and is described in Exhibit I attached hereto and made a part hereof; and WHEREAS, the property is located in un agricultural p"l'eserve heretofore established by City; and WHEREAS, both Owner and City desire to limit the use of the property to agricultural and compatible uses; and WHEREAS, the parties have determined that the highest and best use for the property during the term of this contract, or any re- newal thereof, shall be for agricultural purposes, NOW, THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 This contract is entered into pursuant to Chapter 7 (commencing with Sections 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965, or as the Williamson Act. This contract is subject to all of the provisions of this Act, including any amendments thereto which may hereafter be enacted, 2. RESTRICTION ON USE OF PROPERTY During the term of this contract, and any and all renewals thereof, the property described in Exhibit I shall not be used by Owner, or Owner's successors in interest, for any purpose other than the production of agriculturul commodities for commercial purposes and uses compatible thereto as defined in said Act. A list of all such compatible uses is set forth in Exhibit II, attached hereto und by this reference incorporated herein. City, by uniform rule adopted by the City Council of City, may from time to time during the term of this contract and all renewals thereof, add to the list of compatible uses which shall be uniform throughout the agricultural preserve in which the property in Exhibit I is located; provided, however, City may not during the term of this contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject property which are set forth in Exhibit II. The provisions of this contract and any uniform rule supplementing the list of compatible uses are not in- tended to limit or supersede the planning and zoning powers of City, 3. TERJ\! OF CONTRACT This contract shall become effective on the date of execution and shall remain in full force and effect for an initial term of ten years. The initial term of ten years shall be measured com- mencing as of the first day of January next succeeding the date of execution if the date of execution is between March 2 and December 31. The initial term of ten years shall be measured commencing as of the first of January of the year of execution if the date of execution is between January 1 and March 1. Each succeeding first day of January shall be deemed to be the annual renewal date of this contract. This contract shall be renewed on each succeeding January 1 and one additional year shall be added automatically to the initial term unless notice of nonrcncwal is given as pro- vidcd in paragraph 4. 4. Non CE OF NONRENEWAL (a) If either party desires in any year not to renew this contract, that party shall serve written notice of nonrenewal upon the other party in advance of the annual renewal date of this con- tract. Unless such written notice of nonrenewal is served by Owner at least 90 days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract shall be considered renewed as provided in paragraph 3 above. (b) If either party serves written notice of non renewal in any year within the time limits of (a) abovo, this contract shal] remain in effect for the balance of the period remaining since the original execution or the last renewal of this contract, as the case may be. 5. NO CQ:llPENSATION Owner shall not receive any payment from City in consideration of the obligations imposed under this contract, it being recognized and agreed that the consideration for the execution of this contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to Owner as a result of the effect u~on the assessed value of the property on account of the restrictions on the use of the property contained herein, 6. SUCCESSORS IN INTEREST This contract and the restrictions imposed hereunder shall be binding upon, and insure to the benefit of, the successors in in- terest of the Owner. Whenever any of the property described in Exhibit I is divided, the owner of any parcel may exercise, independen1 ---,----------- ._----,~,---~" of any other owner of a portion of the divided property, any of the rights of the O1VJler in this contract, including the right to give notice of nonrencwal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of lund described in Exhibit 1 shall not be imputed to the owners of the remaining parcels and shall have no effect on this contract as it applies to the remaining parcels of the divided property, 7. CANCELLATION This contract may be cancelled and a cancellation fee imposed pursuant to the provisions of the Land Conservation Act of 1965. 8, NOTICES All notices required or permitted by this contract, includ- ing notice of a change of address, shall be in writing and given by personal delivery or sent by United States Mail addressed to the party intended to be notified, Notice shall be deemed given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the United States Government. Notice to the City shall be addressed: City Clerk City of Cupertino 10300 Torre Avenue Cupertino, Calif. 95014 Notice to the Owner shall be addressed: Name: Vince S. Garrod A~dress: 22600 Mt. Eden Road C1 ty and State: Saratoga, Calif. 95070 IN WITNESS WHEREOF the parties hereto have caused this contract to be executed: by Owner on January 8,1971 and by City on February 23, 1971 A'I'TES, T, :¡;;¿ ..' ),. I ./ /."j -;; .~----- crrŸ CLE~D;- r S 'ro FO!)}! APPROVED A " . CITY ATTORNEY CITY () f;El~. ~~ ~¡ ø~ -¡- Z/\I'n ), ~ {; - ./' '/- /b ",,( <.--Yi/<;~_- /k -,~ ..// . ",./ ' ..../ '/ ' l (,;;':7",-,,---/ 'C.:> }~-;/ - '-;.~~ ~~7 ~t~~ ð 'f;;4w ,(;.¡ 7.. )/( 'r- 'W1o350û LAND CONSERVATION CONTRACT - ~.5!,iJÞMiJ-J:-:-'::_-,=--"'" ;) ~ j ~ j;~ 'j' '/ - ,~p "\ ," ,~, ,,/ r:d~~:::'}2~~ ])~'~BVOK9230 I',IG: 124, NO ft.~ aDo- 0323 : ,',Cé TZQ This is an agreement between the City of Cupertino, California, //.f ' (hereinafter called "City"), and L7/TREð¿-> TsU's r (hereinafter called "OHner"). WHEREAS, Owner possesses certain real property located within the City of Cupertino, County of Santa Clara, Stat,,--of California, ",- ¡,hich is presently devoted to agricultural uses and is described in Exhibit 1 attached hereto and made 3 part hercof; and WHEREAS, the property is located ,in an agricultural preserve heretofore established by City; and WHEREAS, both Owner and City desire ~o limit the use of the property to agricultural and compatible uses; and WHEREAS, the parties have determined that the highest a~d best use for the property during the term of this contract, or any 1'0- newal thereof, shall be for agricultural purposes. NOW, THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO CALIFORNIA LAND COi\SERVATION .'\(T OF 1965 This contract is en~ered into pursuant to Chapter 7 (commencing with Sections 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965, or as the Williamson Act. This contract is subject to all of the provisions of this Act, including any amendments thereto I,hich may J . hereafter be enacted. 2. RESTRICTION ON USE OF PROPERTY During the term of this contract, and any and all renewals This document is to be re-recorded due to a typographical error in the description. CITY OF CUPERTINO May 10, 1971 , , BOCK 02;JU I\~: 1 ,1 ~ BOOt 9?30 I"': 1?~ '- 'u, _'_I 0> <> 0 ,. Co:) 'thereof, the property described in Exhibit I shall not be useq U l'-:J by Owner, or Owner's suçcessors in interest, [or any purpose ot:her c..;¡ than the production of agricultural commodities for commercial ~ ,,-. ,n purposes and uses compatible thereto as defined in said Act. ^ -.J I'\J ¡-o. list of all such compatible uses is set forth in Exhibit II, attached hereto and by this reference incorporated herein. City, by uniform rule adopted by the City Council of City, may from time to time during the term of this contract and all renewals thereof, add to the list of compatible uses which shall be uniform throughout the agricultural preserve in which the property in Exhibit I is located; provided, however, City may not during the term of this contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject property which are set forth in Exhibit II. The provisions of this contract and any uniform rule supplementing the list of compatible uses are not in- tended to limit or supersede the planning and zoning po.,ers of City, 3, TERJ\! OF CONTRACT This contract shall become effective on the date of execution and shall remain in full force and effect for an initial term of ten years. The initial term of ten years shall be measured com- mencing as of the first day of January next succeeding ~he date of execution if the date of execution is between March 2 and December 31. The initial term of ten years shall be measured commencing as of the first of January of the year of execution if the date of execution is between January 1 and March 1. Each succeeding fIrst .> , day of January shall be deemed to be the annual renewal date of this contract. This contract shall be renewed on each succeeding January I and one additional year shall be added automatically to 6',"" Q2'J"'(J\ ,., 1 ""r,'~ ' "!;i..L 80D~ 9230 !',~)E 1.2fJ " the initial term unless notice of nonrenewal is given as pro- vidcd in paragraph 4, 4, NOTICE OF NONRENEWAL &OQ~ 9323 fm 722 (a) If either party desires in any year not to renew this contract, that party shall serve written noti~e of nonrenewal upon the other party in advance of the annual renewal date of this con- tract. Unless such written notice of nonrenewal is served by Owner at least 90 days þrior to the renewal date, or by City at least 60 days prior to the renewal date, this contract shall be considered renewed as provided in paragraph 3 above. (b) If either party serves written notice of nonrenewal in any year within the time limits of (aj above, this contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of this contract, as the case may be. s. NO CO"IPENSATION Owner shall not receive any payment from City in consideration of the obligations imposed under this contract, it being recognized and agreed that the consideration for the execution of this contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to Owner as a result of the effect upon the assessed value of the property on account of the restrictions on the use of the property contained herein. 6. SUCCESSORS IN INTEREST This contract and the restrictions imposed hereunder shall be ':, binding upon, and insure to the benefit of, the successors in in- terest of the Owner, Whenever any of the property described in Exhibit 1 is divided, the owner of any parcel may exercise, independen O'ì"I(J. 1 BCC! '..II...]' ;,\G[ ~ BaD~ 9230 ì',\GE 127 '.' .of any other owner of a portion of the divided property, any of the rights of the owner in this contract, including the right to 0> The' ~ give notice of nonrenel\ul and to petition for cancellation. c.::> effect of any such action by the owner of a parcel created by the t..:) N division of land described in Exhibit 1 shall not be imputed to t..:) the owners of the remaining parcels and shall have no effect on this contract as it applies to the remaining parcels of the ~ -.1 N c...;,¡ divided property. 7. CANCELLATION This contract may be cancelled and a .cancellation fee imposed pursuant to the provisions of the Land Conservation Act of 1965. 8. NOTICES All notices required or permitted by this contract, includ- ing notice of a change of address, shall be in writing and given by personal delivery or sent by United States ~Iail addressed to the party intended to be notified, Notice shall be deemed given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the United States Government. Notice to the City shall be addressed: City Clerk City of Cupertino 10300 Torre Avenue Cupertino, Calif. 95014 .~ J. Notice to the Owner shall be addressed: Name: /mc.e' 5". ¿Ç,9.e~b Address: ;¿.?--ç- PO "uT £".Þ"")f:/>à.#ð Ci ty and State: ::>-'i'¿?-9r~Æ /f!U9¿./P- IN WITNESS WHEREOF the parties hereto have caused this '7Sc?70 contract to be executed: by Owner on January 8, 1971 and by City on February 23, 1971 Q"'1(¡ BOOK '.Ic'.".j i!.C'1,511 EXIII ß IT II BOOK 9230 I,I,GE 128 LAND CONSERVATION CONTRACT C01-1PATIBLE USES BOOK 9323 i'AGE 724 The following is a list of land uses determined to be com- patible with the agricultural use of the land subject to this agreement: 1. The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer ya~ds, bone yards or plants for the reduction of animal or vegetable matter. 2. Structures necessary and incidental to the agricultural use of the land, 3. The holding of nonproducing land for future agricultural use. 4. The holding of nonproducing mineral resource areas for future use." 5. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 6. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner. Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the lessee. " J. Owner or lessee shall be construed to include: (a) stockholders in family corporations ,'. Boo,~.,9230 ",',CE 12g (b) beneficiaries of family trusts and estates BQOK!]323 f,IGE 725 (c) owners of undivided partial interests in the fee ."" O?'lf; ij~"f,'){_";'.J '\~:.l".J Cd) joint tenants 7. Dwellings for persons employed by owner or lessee in the agricultural use of the land. 8. Temporary farm labor camps incidental and necessary to the gathering of the crops grown on the land. 9. The construction and maintenance of a stand or shelter for the sale of agricultural commodities produced on the land, 10, An aircraft landing strip incidental to the agricultural use of the land. 11. The erection, construction, alteration or maintenance of gas, electric, water or cowmunication utility facilities. 12. The erection, construction, alteration or maintenance of radio, television or microwave antennas, transmitters and related facilities. 13. Public or private hunting of wildlife or fishing, 14. Public or private hunting clubs and accessory structures, 15. Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use. 16. Public or private riding or hiking trails. l7h Riding acadamy, stables and the boarding of horses or other livestock but not including an animal hospital or kennel. 18. Oil and gas well drilling, including the installation " . .. and use of such equipment, structure and facilities as are necessary or convenient for oil and gas drtlling "'and producing operations customarily required or incidental to usual oil " . Ii ßnr,r o2'l!J T i r:'J "v"'.1 '.J'J r,. BCC~ 0230 i:."~ 130 field practice, including the initial separation of oil, gas and water and the storage, handling, recycling and transportation of such oil, gas and water from the premises, BOOK 9323 ;',ICE 726 .." ATTEST: , '," , ,,' < BOOK .9230 1',',Ct tj , "j ",;':~L,: ërFÝ cL{,i'/;~/ -~"--;- , ,,', , ,,' APPROVED AS;'¿O:tÓ'R;,i<, , , ", ' ' ,:,j ):J ~' L !'~1 / ' ~~~: ß-'¡:' , /;7« - ~k;'~ lé'ë~/ ,1{/'-1JU,/' 'f"'( ,I (' /.,' 'ì~ " . /,,', - -L, /'--~,,'A ,v C, -'/,<../ \ ;' ) ,J CITY ATTORNEY , , =' ~ e {! ~' O' - -_lJ..J L~ ~ 0"""0,, ::-:: 'C'f:) ;;: ,=. ~ ~ 0 C'? ,:. '3 .-< 0"-1)0 ("") q1C'? ,J"\..... , e ëJ;: 't'---=:: '-; ð...14 - .. C) lJ..- ~~,'" . cO - - . .- ~~ NO FE "~ ~~ ~~1- ) 8ao~ 9230 ,','CE 124 FILED FO" f\ECORD ~}:~ OFFIC"". ".LGORDS SANTI, CL,',ht, COUNTY GEORG': E, FOWLES ~ECO;è:!Ec' >- 0) >:: ()) c, ", "-' . =- ,J ~~~ , " """.i , -, "':J z 0 '" G>þo [TI2,., O-i,., ~¡g ~ ë? CO1'1r"; g~~,~í [TI°OO """0° rc:'" [TI-O ro:':¡ro -< =~ ~ ?:i 0 0 -r¡ IV (/J -" c ?- ;¡;¡ ~ ;Q ...:; < - ëñ 0 i "!7i ¡";J "', ,,- ¡;:¡:'o ~~~ (/) ~O fEE ,., ¡-" >r= r," -i ITI ¡, fg:', li:-:' DC: , c: -, . [TI" L- ",:J?; L~' -iI'" d Oq' ,., 5\ ~-. \:;,'-". ",,'J 8^'1' n23IJ., J (\ JU^ ;j v I',,[[.A. ,AJ . BOOK 9323 i,\GE 728 BOOK 9230 i',\ëE 134 STATE OF C1\LIFO]{Nli\ ) ) COU:\TY OF S!\NTA CLARA) SS. On this day of,. /,. ,before me, a Notary Public In and for said County and State,! résidl!lg ther~in: duly commissioned and s¡{orn, personally appeared' , ,: // . ¡, knOlm to me to be the person described in and ¡{hose name is sub-:- scribed to t,he attached instrument, and ucknowledged to me that ¡ , executed the same. ,./ <'rr/ '"Ii'/J., IN WITNESS WHEREOF, h~ve Jléfb~nto set ';ni¡hand' and'aff~xed my official seal, the day and year in this certificate first above written, '~,' "-:""'-~y "".'.'.~',:~ ti . ;:'{ I , ',1974 ,!iI'~ŠJ;;"'" / I ¡/ ',. , ' , ;,.. .' /. Notary PuFllcín. anátõr~t11c,- County of Santa Clara, State of California "" j""" STATE OF CALIFORNIA) ) COUNTY OF SANTA CLARA) SS, me, on;~~.~.~~{a;,~t/ :~~:~~/ ' , 1;7f,ct~r~e¡~~~iC in and tor the sald County and State residing therein, duly commissioned and SI,orn, personally appeared. ...J@~Stokes , known to me to be the Nayor of the Clty of Cupertino that executed the within agreement and acknowledged to me that said City of Cupertino did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate firs:: above 1,-ritten. ~ t.,-',::~-;:..o~--~<~~~~~~Al . -1 !;:.=j~~:> lERÊMI.~H' J,\~lf;mÁLD ~ ~~~~?y .~~~~-~§~~~J~~~;l1~[~~,~ 10054 5ù. S""lo".5",;"" Rd., C'""',"O, Ca, gSO'l4 My commission expires ~ ~~ ,J", ,,: -'~/?/¡"<'~<" N ARY PUßL~ 11 a(f;;j? Salel ~. County and State BOOK 9230 i':,~: 135 ';'B'OOK 9323 P,\GE 736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF CUPER'fINO, ASSESSOR'S PARCEL NUMBERS 503-11-002 AND 503-11-003 800A ,9239 i;!~' -- 5 ¡ RESOLUTION NO, 3025 WHEREAS, the Cupertino City Council has by Resolution established a pro- cedure for initiating, filing, and processing requests for establishment of agricultural preserves; and WHEREAS, Garrod Trust, owner of Assessor's Parcel Numbers 503-11-002 and 503-11-003, has made written application to the City Council of the City of Cupertino for the establishment of an agricultur1Ü preserve pursuant to the California Land Conservation Act of 1965; and WHERL~S, the City Council has held a public hearing on this application, which hearing was duly noticed as required by law; and WHEREAS, the Planning Department of the City of Cupertinò has submitted its report, putting forth a favorable recommendation on this request; and \VREREAS, this Council finds that agricultural lands have a public value as open space and the preservation in agricultural such lands constitutes an important physical, social, aesthetic asset to existing or pending urban or metropolitan development- definite production of and economic NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 'Cupertino that the property designated as Assessor's Parcel Numbers and 503-11-003, being owned by Garrod Trust, and containing 111,90 hereby established as an agricultural preserve. of 503-11-002 acres, is BE IT ~JRTHER RESOLVED, that the City Council finds the following uses compatible with the agricultur~l preserve: 1. The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter. ) )) 2. Structures necessary and incidental to the agricultural use of the land. 3. The holding of nonproducing land for future agricultural use. 4 - The maintenance of land in its natural state for the purpose of ',' preserving open space for recreation' or plant or animal preserves. Single family dwellings incidental to the agricultural use of the residence of the owner, and the family of the owner. ) ) " . ~ ,1 0"' U)J!'! .""",,_'l.~.. ßJU~ 'J....J 'J BOÇ~ 9230 ',\G~ 136 Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the lessee. Owner or lessee shall be construed to i.nclude: (a) stockholders in family corporations 800K 9323 rAG[ 737 (b) beneficiaries of family trusts and estates (c) owners of undivided partial interests in the fee (d) joint tenants 6. Dwellings for yersons employed by owner or lessee in the agricul- tural use of the land. 7. The erection, construction, alteration or maintenance of gas, elec- tric, water or communication utility facilities. 8. Public or private hunting of wildlife or fishing. 9. Public or private hunting clubs and accessory structures. 10. Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use. 11. Public or private rïding or hiking trails. 12, Riding a~ademy, stables and the boarding of horses or other live- stock ~ut not including an animal hospital or kennel. . BE IT FURTHER RESOLVED, that the above listed compatible uses will be the only uses permitted within said agricultural preserve, except that the City Council may, upon written request of owners, successors or assigns of the property, or upon its own motion, consider amendments 'to the list of compatible uses. ,vor is authorized to execute a Land . its successors or assigns. èting of the City Council of the City of ~ary ,1971, by the following vote: Frolich, Green, Noel, Stokes Brr, 1- APPROVED: ATTEST: /s/ Gary G. Stokes Mayor, City of Cupertino /s/ Wm. E. Ryder City Clerk - 2 - v City of Cupertino MEMORANDUM January 12, 1971 TO: James H, Sisk, Director of Planning FROM: Wm, E. Ryder, Acting City Manager SUBJECT: Application for Land Conservation Contract This will acknowledge receipt of the application for land conservation contract for inclusion of land into a City of Cupertino Agricultural Preserve as submit ted by Mr. Vince Garrod on behalf of the Garrod Trust, , This in- volves approximately 111,90 acres situated on the northeast side of Mt. Eden Road between pierce Road and Stevens Canyon Road, The Assessor's Parcel numbers are 503-11-003 and 503-11-002. I am asking the Deputy City Clerk to advertise this application for public hearing on Tuesday, February 16, 1971. The application itself will be given to you by her as soon as the legal notice has been prepared, The setting of the public hearing on this date will provide sufficient time for you to submit your written report as required. /bd CC: Deputy City Clerk January 12,1971 Hr. Vince Garrod 22600 Nt. Eden Saratoga, California 95070 Dear Kr. Garrod: This will acknowledge receipt of your Application for Land Conservation Contract. The public hearing on this has been Bchedu1ed for 7:30 P.M. Tuesday, Februsry 16, 1971 in the Council Chamber of the City hall. Very truly yours, CITY OF CUPERTINO Will. E. Ryder Acting City Manager IÆR/bd Encl. 1 CC: Director of Planning Deputy City Clerk " February 17, 1971 Ur. Vince Garrod 22600 }:t. Eden Road Saratoga, California Dear Hr. Garrod: This will confirm the action taken by the City Council at its meet:ing of February 16,1971 on your applicat:ion for a Land Conservat:ion Contract: for inclusion of land int:o the City of Cupertino Agricultural Preserve. The application pert:a1ning to Asse&sor's Parcel No. 503-11-003 and Assessor's Parcel No. 503-11-002 was approved and Resolution No. 3025 was adopted. As soor. aG the Hayor signs the contract it will be the duty of this office to ace that it is properly recorded with the County. When that is done, you will be so notified. City of Cupertino Ordinance No. 479 pertaining to your Application 2-Z-71 which is for the rezoning of the property in question was passed on first reading. Very truly yours, CITY OF CUPERTINO \~m. E. Ryder City Clerk pr cc: Director of Planning \~c Q >? \'c:' ( ì:-., !",-,¡tl,\V,IC,;C"'C 4~T ,/,!,- " '-:C:; q--:,"I >2. Ç.. :; (( ')'(( :s:' 7 ( ':',( i S- ( ( ,::,;' ~r ~, ~(c-f- ¿ 1.1 ) 7 1 I / :, ( c/ , ¿ ,,'C "-C C' " !<'< EXllll\IT II LAND CONSEJ(VATION CONTRACT COMPATIBLE USES ---- -,----- The following is a l!st of land uses determined to be com- patible with the ugricultural use of the land subject to this agreement: 1. The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter, 2. Structures necessary and incidental to the agricultural use of the land, 3. The holding of nonproducing land for future agricultural use. 4. The holding of nonproducing mineral resource areas for future use. 5. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 6. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner. Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the lessee. Owner or lessee shall be construed to include: (a) stockholders in family corporations (b) beneficiaries of family trusts and estates (c) owners of und!vided partial interests in the fee Cd) joint tenants 7. Dwellings for persons employed by owner or lessee in the agricultural use of the land, 8. Temporary farm labor camps incidental and necessary to the gathering of the crops grown on the land, 9. The construction and maintenance of a stand or shelter for the sale of agricultural commodities produced on the land. 10. An aircraft landing strip incidentul to the agricultural use of the land. 11. The erection, construction, alteration or main~enance of gas, electric, water or communication utility facilities. 12. The erection, construction, alteration or maintenance of radio, television or microwave antennas, transmitters and related facilities, 13. Public or private hunting of wildlife or fishing, 14. Public or private hunting clubs and accessory structures. 15. Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use, 16. Public or private riding or hiking trails. 17, Riding acadamy, stables and the bourding of horses or other livestock but not including an animal hospital or kennel, 18. Oil and gas well drilling, including the installation and use of such equipment, structure and facilities as are necessary or convenient for oil and gas drilling and producing operations customarily required or incidental to usual oil field practice, including the initial separation of oil, gas and water and the storage, handling, recycling and transportation of such oil, gas and water from tho premises, , ' STATE OF CALIFORNIA) ) COUNTY OF SANTA CLARA) SS, , On this </'15, day of ,';,p,';" ¡;/; before me, I" ,'0 , ' a Notary pubTìcin and for~County and State 'i residing, thcrcin, duly commissioned und s\\lorn, personally appearcd, , ' ",,// "", known to me to be the person described in and whose nañïC'is sub:-' scribed to the attached instrument, and acknowledged to me that /" ' executed the same.i'i'! //,/,/ "~,n,: '//1"""""""/"" "':"""",,,,' """1 IN WITNESS WEEP-EOF, l' have herelmto set níy hand ànd affixed my official seal, the day und year in this certificate first above \Hitten, /) Not~~~';'Publlè-in ';nd /~';;':~e County of Santa Clara, State of California STATE OF CALIFORNIA) ) COUNTY OF SANTA CLAII)\) SS, On this 23rd day of February, 1971 ,19 ,before me, r"('/," //I/, </ /;)~¿::;'//I/<:?-. , a"Notary Public in an for the saId County ane! State residIng therein, duly commissioned and s\\orn, personally appeared Gary G, Stokes , known to me tO~he Mayor o:r- the CIty of CupertIno thut executed the within agreement and acknowledged to me that said City of Cupertino did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written, ~~'~'~~ '" , ,c'""," Ç';,T'CL\L SE;\L 1",'°",;<" JEREMIAH j, FITZGERALO 1"'::~~':';~r1 NOTA:>Y PUBLlC,CALIFORNIA ~,\~~:,"Z} SAmACLhfnCeUNTY I; ~~~~==:.:::::~"~,: I '~' 10054 So, Saraln,a,Sunny"I, Rd"Cuperlino, Ca, 95014 ~.~ ~~. ~/¿ ~ ? -'::-.' Co ~. ,.....1..../-//à 'r' ;,--(' ~' RY 1,'U13LI n a1~%' Sill -, ounty and State My commission expires February 25,1971 Mr. Vince S. Garrod 22600 Ht. Eden Road Saratoga, California 95070 Dear Mr. Garrod: We are enclosing copy of Land Conservation Contract relative to Assessor's Parcel Numbers 503-11-003 and 503-11-002. This contract was recorded at the County Recorder's office on February 24, 1971, and a copy placed with the Tax Assessor's office on the same date. Very truly yours, CITY OF CUPERTINO Gladys McHugh Deputy City Clerk pr encl. ~fardl 17, 1971 :>irector or ,,;;ricuL:ure ;¡'3?i1OCtI"CllC: of i\:;riculture 1220 ;¡, ';trc,et 3~crnllieato, California De"oc Sir: \7e 31'e e,",c1ocoin:, 1.1 copy of t"o fully executed r.aT,C; Conse.Vi1tion ContracêS for the following: ti~ Ï'. a~J ¿uricl ri. Forge - Pdrce1 ~o. 321-~1-72 Otis e. forge - ?arcel No. 326-10-13 ':~ae5e. contrê.cts "ere record"d at. the Coum:y P.2coo:der' s office 00"1 Fe;'ruary 24, 1971, and copies placed "ith tile T<lx Ass"ssor ~ s of::ice on the same ¿ê.te. Very truly yours, . ITY OF CIŒERTINO Gladys ~Eugh Deputy City ClerIc In Encl3. 'arc' .'c, l';71 Hr, Vince S, Garrod 226"n Ut. rrtcD Roa~ Sarato~a. I,:;:lifornia 95070 ')e"c "¥. 'arrod ,he Land Conservation Contract ",hid, "as filed Ly Garrod Trust ,'as recorded on Februarv 24, 1971, and a copy fIled with the Coll"ty ,\ssc"Ssor's office, T'¡c ['ouiley Asses"or;,'[oCT,,-" t:',èr~ "E,S all <nor in be 1 "gal descri['tion. ¡'o',:c,ver, t,ds does not affect the assessi"g of t"" land. VI,' ere cnclo:Ün" ." reds",,' co:'" of t'"" c1cCòcrintioE to ::~ "btll'd ,,v 'arrod Trust '¡of are a :;otnrv ami rEturned to us for re--recording. i.Je are enclohing a stam"fJ'ct self'addressed enve- lope for your convenience. Also, a cony of the r¡,vtsed descrtp-- tion i~ cnclos~d for your cony of t],e C<)!1tract. 1 J1cerej ,f, ,: ITY OF CllFETZTlNO Gladys !,lcHu~h ;;e¡mty citv CJ c rl: m EncIs. April 5. 1971 -.fr. George L Fowles Santa CL.,ra County ".ecorder p, 0, Box 738 San Jose, California 95106 Dear Xr. Fowl ",s We are sulimitting Land Conservation Contract "itcl thf' request that this document be rc.,recorded due to an error in the legal description ",!Üch "as submitted originally. Sincerely, 'ITY OF CUPERTINO Gladys fÌcHugh Deputy City Clerk ill Enc1s. 1'1:i1 6, 1971 Hr. Vinc", S. Gar'rod 2260-:1 ~'1c. Ed,," Road 95070 Saratoga, California Dear ,:r, Garrod: I "m enclosinro a copy of the Land Conservation Contract per our tele¡}hone conservation as of today. ': have taged t},e places that need signatures. Please have them signed ,,-xactly as before and ;,ave the t"o affidavits notarized, along ",it" the statement correeting the de"cri1'tloT!. ':hank you for your cooperation. Sincerely, CITY OF CUPERTINO Gladys HcHugh :)eputy City Clerk n, Ends. }[ay 24, 1971 Director of Agriculture D~p~rt3ent Qf Agriculture 1220 N Street Sacramento, California De~r Sir: ,.:" arc e'lclosing a copy of full executed Land Conservation Contract for Garrod Trust. This contract was recorded at the County Recorder's office on February 24, 1971. ~ecauae of a typographical error in the description, it was re-rccoråed on }~y 10,1971, which is the reason for the delay in for- warding it on to your office. Very truly yours, CITY OF CUPERTINO Ghdy;; 11clIugh Deputy City Clerk pr encls. BOO! 9239 i"ICE:: 4 BOOK 9230 P,ICE 132 '.. eoOK 9323 PAGE 729 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Sterting at a point in the East line of Section 34, in T. 7 S. R. 2 1-1., of Haunt Diablo Base and Heridian, where said line intersects the center line of ~!ount Eden Road; thence along said east line N. 0 deg. 5' E" 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POIKT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg, 25' 1-1., 20 chns, to a stake; thence N, 0 deg. 5' E. 20 chns. to a stake; thence S. 0 deg. 5' 1-1., 40 chns, to a stake; thence E. following the ~enter line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest Qf a ¡idge from which the lands there slope to the south and west; thence S. 45 deg, E, 1640 feet, more or less, to a pojnt on the East line of Section 34, T, 7 S., R, 21-1.; thence N, 0 deg, 5' E, 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust ¥~ ,:;-O((JP"--' ~¡.I-I\ ð? « vP,"! vi n')'"1Q lr.::- ßoo~ ;j,_du ',',I d.J BOD~ 9230 I'IICE 13:3 /320' ~ ~ " (:51 Ol-Vt [l GO~R rJ oj D P ¡} ~ ~ ,5~3- //-tJt)~ ~ ~ 90 ACl?éS ~ I\¡ t--: ~ ~ ~ ~ \3 ~ ~ ~~ 1:fJ,2.¿)' v, 503- 11- 00.3 3/. 9LJ /JOur; lð:z.t> , ~800K 9323 PACE 730 I -(lvß f ¡t.OD c;,f¡ ~ OF ,.~rJ v> ;¡--- - --- Õ õlrV t?~ " s/JzlìfÞ6¡::¡ .,-Î 'I rrztl>1 6IJteoD I .JpJ tlf I ¡,.fi/V I øß'tt. V~ ðr; J-ð ~p(l/ -; t;¡¿ ~ ~ k: ~ ~ ~, Q, LilA/!).! ¿)¡: C 4£l?jD 7RI/./T Willi/#' TilE C/lY CF Ct/PERT/.4JtP ~ /J/'?RJlY /11/JCffS SÜJLE /": .5"(/0' PT ~Ec. 34 ..,.. 7 S. E..z w. ,Að-4P 15 PðET/P4/ P..4~E' /1 ðt7'Ck'JV3 .:::r~/P74 C¿/?R/7 ';-::'///79' /1;Y¿rf¿JÆ::r /Y/lp.J ~ ,~ ~ ~ t\~'- f":~,,,"~~ LM'" """"',.<0" ""."", This is an agreement between the City of Cupcrtino, California, (hereinafter cal1ed "City"), and ~eZc,OD /E4"..57 3959327 ÑO ~i~ (hereinafter called "Owncr") , WHEREAS, Owner possesses certain real property located within the City of Cupertino, County of Santa Clara, State of California, which is presently devoted to agricultural uses and is described in Exhibit I attached hereto and mado a part hereof; and WHEREAS, the property is lo~atcd in an agricultural preserve heretofore established by City; and WHEREAS, both Owner and City desire to limit the use of the property to agricultural and compatible uses; and WHEREAS, the parties have determined that the highest and best use for the property during the term of this contract, or any re- newal thereof, shall be for agricultural purposes. NOW, THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 --------- --- This contract is entered into pursuant to Chapter 7 (commencing with Sections 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965, or as the Williamson Act, This contract is subject to all of the provisions of this Act, including any amendments thereto which may hereafter be enacted. 2. RESTRICTION ON USE OF PROPERTY During the term of this contract, and any and all renewals 7/. q D 8 . . thereof, the property described in Exhibit I shall not be used by Owner, or Owner's successors in interest, for any purpose other than the production of agricultural commodities for commercial purposes and uses compatible thereto as defined in said Act, A list of all such compatible uses is set forth in Exhibit II, attached hereto and by this reference incorporated herein, Ci ty, by uniform rule adopted by the City Council of City, may from time to time during the term of this contract and all renewals thereof, add to the list of compatible uses which shall be uniform throughout the agricultural preserve in which the property in Exhibit I is located; provided, however, City may not during the term of this contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject property which are set forth in Exhibit II. The provisions of this contract and any uniform rule supplementing the list of compatible uses are not in- tended to limit or supersede the planning and zoning powers of City, 3, TERM OF CONTRACT This contract shall become effective on the date of execution and shall remain in full force and effect for an initial term of ten years, The initial term of ten years shall be measured com- mencing as of the first day of January next succeeding the date of execution if the date of execution is between March 2 and December 31. The initial term of ten years shall be measured commencing as of the first of January of the year of execution if the date of execution is between January I and March 1, Each succeeding first day of January shall be deemed to be the annual renewal date of this contract. This contract shall be renewed on each succeeding January I and one additional year shall be added automatically to the initial term unless notice of nonrenewal is given as pro- vided in paragraph 4. 4. NOTICE or; NONRENEWAL (a) If either party desires in any year not to renew this contract, that party shall serve written notice of nonrenewal upon the other party in advance of the annûal renewal date of this con- tract. Unless such written notice of nonrenewal is served by Owner at least 90 days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract shall be considered renewed as provided in paragraph 3 above. (b) If either party serves written notice of nonrenewal in any year within the time limits of (a) above, this contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of this contract, as the case may be. s. NO COMPENSATION Owner shall not receive any payment from City in consideration of the obligations imposed under this contract, it being recognized and agreed that the consideration for the execution of this contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to Owner as a result of the effect upon the assessed value of the property on account of the restrictions on the use of the property contained herein. 6. SUCCESSORS IN INTEREST This contract and the restrictions imposed hereunder shall be binding upon, and insure to the benefit of, the successors in in- terest of the Owner. Whenever any of the property described in Exhibit I is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided property, any of the rights of the owner in this contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land described in Exhibit 1 shall not be imputed to the owners of the remaining parcels and shall have no effect on this contract as it applies to the remaining parcels of the divided property, 7, CANCELLATION This contract may be cancelled and a cancellation fee imposed pursuant to the provisions of the Land Conservation Act of 1965, 8, NOTICES All notices required or permitted by this contract, includ- ing notice of a change of address, shall be in writing and given by personal delivery or sent by United States Mail addressed to the party intended to be notified. Notice shall be deemed given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the United States Government. Notice to the City shall be addressed: City Clerk City of Cupertino 10300 Torre Avenue Cupertino, Calif. 95014 Notice to the Owner shall be addressed: Name: Vince S, Garrod A~dress: 22600 Mt. Eden Road Cl ty and State: Saratoga, Calif, 95070 IN WITNESS WHEREOF the parties hereto have caused this contract to be executed: by Owner on January 8, 1971 and by City on February 23, 1971 A:;;t: r Y C1 ~----- APPROVE AS TO FOJ~ CITY (7 ~UPERTINO , ~I ¡ß£- CITY ATTORNEY "-J 3959327 FIl,,[i;D FOR REOORD AT F\E~~rf- ~~1;~....~.l9~'; . ~. ,J~~-- FEe ZQ 3 02 PH ;11 OFFICi/'., ",.:CORDS SANTA ObAI,A~ImTY '..{t.t:. IO...RG.U:,FO. OWU..."Ð ,'.C'. m!"OI~-tJ:F~:...? NO f££ EXHI B IT II LAND CONSERVATION CONTRACT ----------- COMPATIBLE USES The following is a list of land uses determined to be com- patible with the agricultural use of the land subject to this agreement: 1. The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter, 2. Structures necessary and incidental to the agricultural use of the land, 3, The holding of nonproducing land for future agricultural use, 4, The holding of nonproducing mineral resource areas for future use, 5. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves, 6. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner, Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the lessee, Owner or lessee shall be construed to include: (a) stockholders in family corporations (b) beneficiaries of family trusts and estates (c) owners of undivided partial interests in the fee Cd) joint tenants 7. Dwellings for persons employed by owner or lessee in the agricultural use of the land, 8, Temporary farm labor camps incidental and necessary to the gathering of the crops grown on the land, 9, The construction and maintenance of a stand or shelter for the sale of agricultural commodities produced on the land. 10, An aircraft landing strip incidental to the agricultural use of the land. 11, The erection, construction, alteration or maintenance of gas, electric, water or communication utility facilities. 12. The erection, construction, alteration or maintenance of radio, television or microwave antennas, transmitters and related facilities. 13, Public or private hunting of wildlife or fishing, 14. Public or private hunting clubs and accessory structures. 15. Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use, 16. Public or private riding or hiking trails. 17, Riding acadamy, stables and the boarding of horses or other livestock but not including an animal hospital or kennel, 18. Oil and gas well drilling, including the installation and use of such equipment, structure and facilities as are necessary or convenient for oil and gas drilling and producing operations customarily required or incidental to usual oil field practice, including the initial separation of oil, gas and water and the storage, handling, recycling and transportation of such oil, gas and water from the premises. ^of)';'(;(j",: 1','- BJwKv¡...t...".., ,'"'~ '1 800~ 9230 i',\CE 132 ',' 800~ 9323 rAGE 729 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 s. j(, 2 H., of Hount Diablo ]JCise and Heridian, ",here said line inte¡-sects the center line of :'!ount Eden Road; thenee along said east line N, 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS TIlE POI::}' OF EEGH!:;r;;G; thence along said line 20 chns. to a stCike; thence S. 89 dog. 25' W., 20 chns, to a stCike; thence N. 0 deg, 5' E. 20 chns. to a stake; thence S. 0 dog, 5' W" 40 chns, to a stCike; thence E. following the ~enter line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest Di Ci ridge from ;¡hich the lands there. slope to the south and west; thence S. 45 deg. E, 1640 feet, more or less, to a point on the East line of Section 34, T. 7 S" R. 2 \-1,; thence X, 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel N~mbers 503-11-003 and 503-11-002 Garrod Trust. ~~~ All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: St2rting at a point in the East line of Section 34, in T. 7 S. R. 2 W., of Hount Diablo Base and Heridian, ~Ihere said line intexsects the center line of Hount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns, to a stake; thence S. 89 deg. 25' W" 20 chns, to a stake; thence N. 0 deg. 5' E. 20 chns. to a stake; thence S. 0 deg. 5' W., 40 chns. to a stake; thence E. following the ~enter line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 45 deg. E. 1640 feet, more or less, to a point on the East line of Section 34. T. 7 S" R. 2 W,; thence N. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 S. R, 2 W., of Mount Diablo Base and Meridian, where said line intersects the center line of Mount Eden Road; thence along said east line N. 0 deg, 5' E., 26 chns, more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' W., 20 chns, to a stake; thence N. 0 deg. 5' E. 20 chns. to a stake; thence S, 89 deg, 25' W., 20 chns.; thence S, 0 deg. 5' W., 40 chns. to a stake; thence E. following the center line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 45 deg. E, 1640 feet, more or less,to a point on the East line of Sec- tion 34. T. 7 S., R. 2 W.; thence N, 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust Revised 3/17/71 ~ ~ ,5¿3-//-dO:J.. ~ ~ SO ACe~S ;... ~ ~ ~ ~ ~ ~ \3 ~ ~ ~~ l~O ((1f"""" "" , ~ ~~1\ \ ð~ V~~ 17 /320' ~ ~ " ~5í Of"fJE Il &O~n WOJ þP ¡,ø 1.;J,¿.þ' 'v: 5173-11- 003 3/. 9Þ /JaF!:: 1320' I tJ/$f D1Î fI~~ OF Cr (II pJ ~p. r~----- õ t5:lrV p,c- I' 5/JeA f!J¿;,tl I ~rzrJJf CtfIR.£UD ' : ",¡¡A/P) ¡If I ¡.øøøfL. V~ ðr ¡,pl'J -::¡ ~ ~ ~ " ~ ~ lI, L441/Jj ()¡: C R~/?òD 7R'I/.fT WIT#/f TilE C/7Y t7r Cf/PEl?T/4J~ ~ A.J7.PRtlY /1/ ~Ci?n æ SC/ILE I": S'élCl' ~ Pi 5Ec. 34 ..,., 7 S. ÆJ"Z W. " Æ.4P /5 Pð2T/P.4/ p~~ /1 ðt"élKJV3 .5A'/P7h' C¿/?/?/7 C¿:;,///7Y ,.q.s--.íKfde:r /Y'»P.J STATE OF CALIFORNIA) ) COUNTY OF SANTA CLARA) 55, i /, , * I ,/ ~'). On this ~ day of,-j/j(fI2~V Jill, before m-e, ////;/1/)'-. 15¿'A-A/tliLJsJ:, a Notary Public in and for sal C unty and State, p.esidiy~ t~~ein" duly commissioned and sworn, person. ally appeared £/I7/f )1-(1 fir 'OnJ known to me to be the person described in and whose name is su - scr.i.bed t~the. attac".hed instrument., an.d ackn.owle. >lgep to 1)1' e th.atj . . J . f) /- ) _exe~te~/ the same. /Î'1c1 ';Ih/)¿ hI'- /ü/I'HtSfr't( Wr Çftll71i tin~S 0 :'cúhdl'd k. "drt'iJt! Itut/ f'ðLi{Çf In, /m:1Jer IN WITNESS WHEREÒJ:<, 1 have Jtê'í'eunto set my l1ahd iãnd 'á1j1:lxed my official seal, the day and year in this certificate first above written, I STATE OF CALIFORNIA) ) COUNTY OF SANTA CLARA) SS. On this 2;Jrd day of February, 1971 ,19 ,before me, r.:;,."'/"¡,('..( ~h~~.:.,f¿ , aNotary Public in an for t e sal County an State residIng therein, duly commissioned and sworn, personally appeared Gary G. Stokes , known to me to be the Mayor of the CIty of CupertIno that executed the within agreement and acknowledged to me that said City of Cupertino did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. ~.~~ çz~,,~/ RY PUBLI t'n an or sal ------ . ,ounty and State My commission expires .£;" ( "'/" f..A. ~~,\ . I D~ " Vp.» vi /320' I &51 otJJt 1Z &O~R oj Df ~~N ~ ~ " ~ ~ ,5~3-//-ðO~ ~ ~ ao ACE:,fS ~ ~ ¡,.: ~ ~ ~ ~ \3 ~ ~ ~~ I ;;;,¿.o' 'v: 5/73- /1- 003 3/, 90 ./lc£A: lazo' r'------ ò 15:1 TV t?1=" I' S,I)ZA fþ,5,Q I -J2úJf c,p/!f!pi) / : ~fJAlfJJ ¡}f I _'/$1 -(¡(,.tI' «.pD c;,p(!. OF 1,1\ rJ pi tp'Øf!.. ðr ¡.ð~ pJVI l-~ ~ ~ h: ~ ~ ~ L/IA//J.! t/F C h7?/{O¡) 7R'I/fT WITJI/f TilE C/lY C/" Ct/PERT/A,Jp ~ "lJ J7 .J? Rtf Y / 1/ )leES 5C/JLE I": S?10' Pi 5.Ec. 34 ..,-. 7 S. E.2 w. Æ,4P /S P'ðRT'/.?:'4/ ,P4c;E' Ilð¿7¿7KJV3 5A'/P7/l C¿/?R'X7 ?;;;'//J7Y /!5".Í/,J:'"'fd-e.-:r /Y»/7.f ~ ~ ~ All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follo"s: Sterting at a point in the East line of Section 34, in T. 7 S. R. 2 H., of ¡'¡ount Diablo Base and rIeridÜl1l, where said line intersects the center line of Mount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, TillS IS THE POl:ff OF BEGIX:a::C; thence along said line 20 ehns. to a stake; thence S, 89 deg. 25' W., 20 ehns, to a stake; thence N, 0 dcg, 5' E. 20 clms, to a stake; thence S. 0 deg. 5' W" 40 chns. to a stake; thence E. following the ~enter line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from "hich the lands there slope to the south and ",cst; thence S. 45 deg. E. 1640 feet, more or less, to a point on the :ast line of Sectiou 34. T. 7 S" R. 2 W.; thence X. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust .{,7)(~/J '.Á, ~¡}1\ ð Í' " vp.» Vi /320' ~5í tJlG rz GOaR 0 oj of L-~ tJ ~ ~ " 1.1J2,t:> ' 'v: I 0 503-11- 003 :3/. 9t:> AC/i?/i'r;: lð2ð' ¡.ðøft. VI ðr l-~rJ ~ ~ ,5L?3- //-óC!~ ~ ~ BO lJCe~s ;... f\¡ ~ ~ ~ ~ ~ \J ~ ~ ~€- 1Jl~ f D-r p 't r¡JJ or r;, riPS ~~ 1 r~- ---- ò 5'/rV C;I=" ," SIll?lifÞ¿;,tl I ~RrJs1 6f1R-í!OD I I ,¡pl ¡Jf I /,.p/V I ~ ~ k ~ ~ ~ L/lAl/)j tJ¡: C hlR'/?/JD TRI/.rr ~ W/TJ//f TilE C/7Y ¿J;-- Ct/P¿RT/AM ,JJ J7 /? Rt? Y. / / / /!CR'fi 5C/JLE I": 5'¿1Cl' Pi :7Ec. 34 ..,.. 7 S. £,z W. Æ.4P /S Pð.2T/¿74/ Pß~É /1 ð<?'<?'KJV.3 ..::r4/P7h' CL/l'Æ'/7 ,;#///7Y /l'$"fff.ÍL:1Z:f /'/PP.f ~ .~ ~ Starting at a ¡ nt in the East line of Sect 334, in T. 7 S, R. 2 W., of Mount uLablo Base and Meridian, where said line inter- sects the center line of Mount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' W., 20 chns. to a stake; thence N. 0 deg. 5'E. 20 chns. to a stake; thence S. 0 deg. S'W, 40 chns to a stake; thence E. following the center line of a ravine 1320' to a stake; thence N. 0 deg. S' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 4S deg. E. 1640 feet, more or less, to a point on the East line of Section 34. T. 7S., R.2 W.; thence N. 0 deg. S'E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the city of Cupertino. 503-//-0~~ S-a ~- /I - DO2- &;~q ?~LIJ!-IOI'.J (;AI¿r,,-OD I'rl ')L~ T"- \,-", . A<::;c, c'=;>OIZ' \ Y)6 PC£:----- 1\.A.À/~ C::;O3 -II -00"2- t:;o3> -11--003 C£7;f~4///) /11. '1'0 ,4caé3:5 - '-" / /~' -- ,':::Ji 7/~OtI c/SE::::> ~~K-<O/e/\ >,(e:§a.,~/vr;' U<J I I B IT.:IL Ú~!-(I:tJt {ut.ß<! .~ C O¡¡-;p..--::-:-/(:-¿G I v "2 v 3V' C;:v ~ v/ 1~ /! r /3'- /1 v /5:v / b v- 17./ . "o~.j'll '"i,'¡, ,L:,'",'j ,l ,.~.~ .....- '../ .,:'.., co, l: ;: G . : :5 0 '¡:);.~ :T,'" , -',_v fE ..-. ..., "'1 ,-'-).Lv ,);unl ~1&¡~ Ir ~ . i::: ¡; ') .. -~ I . "'U Ii'" " :5 '" r;:" \Ii \/.r, I I ", : \.../ ,.J . '7'," '..' ,~v "').. ~. ... rr~ IL '" "'" U,._v ," 0:-' ,..' '-". , i p. ..f,,-O{I7/-':..A.. " ~tJ-I\ I ð? V~N 17 ~ ~ ,§£P3- /J-ðCJ:J. ~ ~ 80 MUS ~ I\¡ ¡-: ~ ~ ~ ~ \J ~ ~ ~~ /320' ~ ~ ... &61. [)&Jl GO~R 0 tJoJ Dr I} 1.;12-0 ' Vr I ~ 503-1/- 003 :3/, C/o ACl?/i>: I ø:l.tJ' I 1Jlrf . 1)1'1 ¡1'1- f.P OF G rJV5 ,ft ;;-~- ---- ò õ/rV CJ,.c- ,- S/JE'litð'£,Q ".-{' I ((lIÞ/ CtPR.fZOD : ¡"ptJpj ¡)f I øø~' ðr J.ð l-prJV~ ~ t\! ~ ~ ~ k ~ ~ ~ LAd/!).! tJF C RF/(òD 7RI/fT ~ W/TI//tf' TilE C/7Y t7¡-- Ct/PERT/AJ¿¿ /.J j7 /? RtfJ Y / / / ¡¡CRn SC/JLE I"~: S'ðO' PI :?Ec. 34 ..,.., 7 S. E,.z w. ,A1.4P IS PCJRT/P4/ P4<;£ II ð.??k"J<::'.3 .7.#/P'7,4 ¿Z4/?,š? ?V'///7Y /7$'fR.í¿1£:r /Y,.t;JP.f ~ .~ ~ £""0 (17,":.A ~¡.¡J\ Of " vp,» vI ~ ~ ,§¿i3- //-¡JO~ ~ ~ 80 lJCeéS ;.. ~ f-.: ~ ~ ~ ~ \3 ~ ~ ~~ /320' ~ ~ .... &51 O/,.VG 12 boaR WDJ of ~~ " I /,;J)!..p' Vr 1 0 503- //- 00:3 ::;I/. 917 /iCR:G"Ç /3:2.17' I -rvJ~f 1-f) Þ (;r (11- OF 1,;' rJ ç5 T-- ---- Ò tfjlrV 17/=" .' S/lE'1J tlJ¡;,c¡ A rfl.V> I I 6P;.fOD I ,¡pJ ¡Jf I I)~ IV I øøf!,. ¡.ø v~ ðr ¡.prJ ~ ~ ~ ~ ~ k: ~ ~ ~ L/IA//J.! C¡: C hlF/('òD 7R?/fr ~ WITJ//f TI/E C/7Y t7/" Ct/P¿RT/4-Jp 1lJ7?RÞY 111"r¡CJ?fl 5C/JLE I": 5'"ðO' PT ~Ec. 34 ..,.. 7 S. Æ],Z W. "A1.4P /$ Pð2T/.?'P P ,4~E" II ð¿7t7K J'V3 5.4/1"7,4 C¿/?/7.;š7 C#///7Y /7>.J'Z"'~..rd£::r /YPP..f ~ .~ ~ All that certain real property situate in the City of Cupertino, County of Santa Clara, Slate of California, more particularly described as [ollo"s: Starting at a point in the East line of Section 34, in T. 7 S. R. 2~., of Mount Diablo Base and Meridian, "here said line inters~cts the center line of Mount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns, more or less, to the one fourth section corner on said line, TillS IS TilE POINT OF EI:GIX:;n;C; thcnce along said line 20 elms. to a stake; thence S. 39 deg. 25' \¡T., 20 chns. to a stake; thence X, 0 deg, 5' E. 70 elms, to a stake;'Kthence S. C deg. 5' W" 40 ehns. to a stake; th~nee E. f¿llowing the ~enter line of a ravine 1320' to a stake; thence N. 0 deg, 5' East 7 1/2 chains to the crest of a ridge from ",oico the lands there slope to the south and wcst; thence S. 45 deg. E, 1640 feet, more or less, to a point on the East line of Section 34. T, 7 S. ¡ R, 2 W.; thence ~. 0 deg. 5' E. 210 feet to toe 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust 'X 800K 9323 rAGE 733 This is to certify that the attached revised legal description of the real property situate in the City of Cupertino, County of Santa Clara, State of California, is to replace the description filed and recorded on February 24,1971, with the Land Conservation Contract for Garrod Trust. This description has been fully read by Garrod Trust, Owner, and verified to be correct. (Parcel Numbers 503-11-002 and 503-11-003) ~)!~ J~ q£~ 0 , ,</:' / ./," Ú~~f~~:5- ~~ \" ,// \ ".. , '"", "'.."....:; C"'; CAI.,~~~J:~:';=A ) Cv';,\:.::: O~ ",,'co) . u....\ ,.., CI.,;\,., '., . O""OJ ::'::.. BOOK 9323 f,IG[ 734 I vi- .. "~-"""'-~'(':";::iê'~\J~ jOH"-1 F, O~8(O'~"¡~\I~SI( ¡' r,m..- ','.ÞUClIc,O'rUFORr"A ' , "S""..,Cle"""UNTY '. ',' :.:;,CO"""',"'",E<,',U'...,."'2"974 , , ~";;;~~C>""""-'~V"v~~"" ;':.::'" .) ¡,.- Pm' Grove VI'y, Sa" Jo", Gô!it.9~ ,--¡ /' 1/' -"',.-'/, -, ~~? :';':"';Jj~~A~~, v/ c.O--",y c.c c:, ~..,", -'0- :~::-:--- $'(:2."," ~_o~~u~llt2. Cl;:,~~~' .;;0 BOCK,9323 i^C[ 735 All that cerca~n real property situate in the City of Cupertino, County or Santa Clara, State of California, illore particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 S. R. 2 1-1., of Mount Diablo Base and Meridian, where said line intersects the center line of Mount Eden Road; thence along said east line N. 0 deg, 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' 1-1., 20 chns. to a stake; thence N. 0 deg. 5' E. 20 chns, to a stake; thence S. 89 deg, 25' W., 20 chns.; thence S. 0 deg, 5' W" 40 chns. to a stake; thence E. following the center line of a ravine l320' to a stake; thence ~. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 45 deg. E, 1640 feet, more or less,to a point on the East line of Sec- tion 34. T. 7 S., R. 21-1,; thence N. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust Revised 3/17/71 . . - ,._--~--,~_. :600K9323 P^GE 732 All that certain real property situate in the City of Cupertino, County of Sonta Clara, State of California, more particularly descrihed as follows: Starting at a ?oint in the East line of Section 34, in T. 7 S. R. 2 W., of Mount Diablo Base and Meridian, where said line intersects tne center line of Mount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' W" 20 chns. to a stake; thence N, 0 deg. 5' E. 20 chns. to a stake; thence S, 89 deg. 25' W., 20 chns.; thence S. 0 deg. 5' W., 40 chns. to a stake; thence E. follo;¡ing the center line of a ravine 1320' to a stake; thence N. 0 deg, 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and ",est; thence S. 45 deg. E. 1640 feet, more or less,to a point on the East line of Sec- tion 34. T, 7 S., R, 2 W.; thence N. 0 deg, 5' E, 210 feet to the 1/4 section corner on said line, the point of beginning, all ",ithin the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust (Revised 3/17/71) 800K 9323 PAGE 731 This is to certifO' that the attached reviscd legal de:;cription of the real property situate in the City of Cupertino, County of Santa Clara, State of California, is to replace the description filed and recorded on February 24, 1971, with the Land Co1l3crvatioll Contract for Garrod Trust, This description has been fully read by Garrod Trust, Owner. and verified to be correct. (ParceJ. Numbers 503-11-002 and 503-11-003) C;~ ;>-;?/[." ,--.---(/- iõ--W¡;-e-r) f. .,>:, / /1"'-' // .' / (c::;~< _./j:/~;"i¿: .,./('./ -::, ,.,c:C- \_- .- Subscribed and sworn to before me this ~day of April . 19~, rod Trust. Vince p.. Garrod, Trustee Notar-y~?f~~ i~~d~;-~~"~~ty of Santä:Clara, State of California. My commission expires: Tune 9, 1972 ~ ~.. ,~~"-'""""""~, ... -\. -,.' "'." (~~{çr , A%2'>.'. OFFICL\L SEAL. 4'i':¡:{~\', MIGNON R. PUH!Þ.M :,S'T.. ~'}':"~' NO1ARY !'uBLIC - CAlif"","'" ;,~./:..:;ï" SAmA CLAIM couo; r ý ~¿Uß MyCO"""""IO"P""SjU"i~. ¡" ,-~?,,~~,-?,- ",,:,w" """,,_,1, I:". 'Ii ,I"",. C". BOO! 9239 1'/.[;[ 15: BÐO~ 9230 P,\G[ 13,6 " Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the 'lessee. . . Owner or lessee shall be construed to include: (a) (b) stockholders in family corporations 8(O~ 9323 i'^CE 737 beneficiaries of family trusts and estates (c) owners of undivided partial interests in the fee (d) joint tenants 6. Dwellings for ,persons employed by owner or lessee in the agricul- tural use of the land. 7, The erection, construction, alteration or maintenance of gas. elec- tric, water or communication utility facilities. 8. Public or private hunting of wildlife or fishing. 9, Public or private hunting clubs and accessory structures. 10, Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use. 11. Public or private riding or hiking trails. 12, Riding academy, stables and the boarding of horses or other live- stock jut not including an animal hospital or kennel. BE IT FURTHER RESOLVED, that the above listed compatible uses will be the only uses permitted within said agricultural preserve, except that the City Council may, upon written request of owners, successors or assigns of the property, or upon its own motion, consider amendments to the list of compatible uses. , lor is authorized to execute a Land " its successors or assigns. THIS 15 TO CERTIFY TH.;r Th;; WITHIN INSTRUMENT 15 A TRUE ANO CORRECT COpy OF" THE ORIGINAL ON F"ILE IN THIS Q..ICE. ATTEST ~ CITY CLERK 'ting of the City Council of the City of ¡ary , 1971, by the following vote: B'f., Frolich, Green, Noel, Stokes \ 1- APPROVED: ATTEST: /s/ Gary G. Stokes Mayor, City of Cupertino /s/ Will. E, Ryder City Clerk - 2 - v LAND CONSERVATION CONTRACT ~-". / i)9'""9327 ""'. ~G¡124 NO fE~ . eoo~ 0323 ¡,IC, 72Q ""'~f~ .. " ", ~~ A~;.l 9~(Jlr . '. "T'"'-- '4õ'O350J This is an agreement between the City of Cupertino, California, /Ì . (hereinafter called "City"), and L7/:TREél¿-> TøU'ST (hereinafter called "Owner"). WHEREAS, Owner possesses certain real property located within the City of Cupertino, County of Santa Clara, Stat-fL.Qf California, .~ ' N.hich is presently devoted to agricultural uses and is described in Exhibit I attached hereto and made 3 part hereof; and WHEREAS, the property is located in an agricultural preserve heretofore established by City; and WHEREAS, both Owner and City desire to limit the use of the property to agricultural and compatible uses; and WHEREAS, the parties have determined that the highest and best use for the property during the term of this contract, or any re- newal thereof, shall be for agricultural purposes. NOW, THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 This contract is encered into pursuant to Chapter 7 (commencing with Sections 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965, or as the Williamson Act, This contract is subject to all of the provisions of this Act, including any amendments thereto which may .~ hereafter be enacted. 2. RESTRICTION ON USE OF PROPERTY During the term of this contract, and any and all renewals l This document is to be re-recorded due to a typographical error in the description. CITY OF CUPERTINO May 10, 1971 \ <0 . thereof, the property described in Exhibit I shall not be useci c...J N by Owner, or Owner's successors in interest, for any purpose other ~ Boox9239 1,',0:147 800~ 9230. I',\GE 125 <P 0 0 .,.. than the production of agricultural commodities for commercial ~ purposes and uses compatible thereto as defined in said Act. A -J N .- list of all such compatible uses is set forth in Exhibit II, attached hereto and by this reference incorporated herein. City, by uniform rule adopted by the City Council of City, may from time to time during the term of this contract and all renewals thereof, add to the list of compatible uses which shall be uniform throughout the agricultural preserve in which the property in Exhibit I is located; provided, however, City may not during the term of this contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject property which are set forth in Exhibit II, The provisions of this contract and any uniform rule supplementing the list of compatible uses are not in- tended to limit or supersede the planning and zoning powers of City. 3. TERM OF CONTRACT This contract shall become effective on the date of execution and shall remain in full force and effect for an initial term of ten years. The initial term of ten years shall be measured com- mencing as of the first day of January next succeeding the date of execution if the date of execution is between March 2 and December 31. The initial term of ten years shall be measured commencing as of the first of January of the year of execution if the date of execution is between January 1 and March 1. Each succeeding first ~ day of January shall be deemed to be the annual renewal date of this contract. This contract shall be renewed on each succeeding January 1 and one additional year shall be added automatically to BCO~ 9230 ¡'.GE 110 BOD~ 9230 r,\G£ 126 '. the initial term unless notice of nonrenewal is given as pro- vided in paragraph 4. 4. NOTICE OF NONRENEWAL !lOOt. 9323 r~GE 722 (a) If either party desires in any year not to renew this contract, that party shall serve written notièe of nonrenewal upon the other party in advance of the annual renewal date of this con- tract. Unless such written notice of non renewal is served by Owner at least 90 days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract shall be considered renewed as provided in paragraph 3 above. (b) If either party serves written notice of nonrenewal in any year within the time limits of (a) above, this contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of this contract, as the case may be. s. NO COMPENSATION Owner shall not receive any payment from City in consideration of the obligations imposed under this contract, it being recognized and agreed that the consideration for the execution of this contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to Owner as a result of the effect upon the assessed value of the property on account of the restrictions on the use of the property contained herein. 6. SUCCESSORS IN INTEREST This contract and the restrictions imposed hereunder shall be ., ;, binding upon, and insure to the benefit of, the successors in in- terest of the Owner. Whenever any of the property described in Exhibit I is divided, the owner of any parcel may exercise, independent ß^"' G?3°.. ill Uvo '.-Ii.,,' oj i~,['E BOD~ 9230 ¡',ICE 127 of any other owner of a portion of the divided property, any of the rights of the owner in this contract, including the right to give notice of nonrenewal and to petition for cancellation. ç> The' ~ CD effect of any such action by the owner of a parcel created by the ~ N division of land described in Exhibit I shall hot be imputed to ~ the owners of the remaining parcels and shall have no effect on -c Þ- C? m this contract as it applies to the remaining parcels of the -J N c..:.> divided property, 7. CANCELLATION This contract may be cancelled and a .cancellation fee imposed pursuant to the provisions of the Land Conservation Act of 1965. 8, NOTI CES All notices required or permitted by this contract, includ- ing notice of a change of address, shall be in writing and given by personal delivery or sent by United States Mail addressed to the party intended to be notified, Notice shall be deemed given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the United States Government. Notice to the City shall be addressed: Ci ty Clerk City of Cupertino 10300 Torre Avenue Cupertino, Calif. 95014 Notice to the Owner shall be addressed: Name: /mct!!':>' ~&&dÞ Address: ;2.?-ç- 00 ;ÛT.4?,/:>RP/~Ab Ci ty and State: :?'-"7¿?-9r~Æ7. ~.L/P- IN WITNESS WHEREOF the parties hereto have caused this '7S070 ." ~ contract to be executed: by Owner on January 8, 1971 and by City on February 23,1971 8ooK 9239 P~C[ 150 BOOK 9230 ¡',ICE 128 EXHIBIT II LAND CONSERVATION CONTRACT COMPATIBLE USES BOOK 9323 rAGE 724 The following is a list of land uses determined to be com- patible with the agricultural use of the land subject to this agreement: 1. The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer ya~ds, bone yards or plants for the reduction of animal or-vegetable matter, 2. Structures necessary and incidental to the agricultural use of the land. 3. The holding of nonproducing land for future agricultural use. 4. The holding of nonproducing mineral resource areas for future use ,- 5. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 6. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner, Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the lessee. -" .\. Owner or lessee shall be construed to include: (a) stockholders in family corporations ^n' 92'10 ",1. 1 B"uK. uv,.n".J.V BOOK.9230 ¡'.IGE 129 aOOK 9323 P,IGE 725 partial interests in the fee' (b) beneficiaries of family trusts and estates Cc) owners of undivided Cd) joint tenants 7. Dwellings for persons employed by owner or lessee in the agricultural use of the land, 8. Temporary farm labor camps incidental and necessary to the gathering of the crops grown on the land. 9. The construction and maintenance of a stand or shelter for the sale of agricultural commodities produced on the land. 10. An aircraft landing strip incidental to the agricultural use of the land. 11. The erection, construction, alteration or maintenance of gas, electric, water or cowmunication utility facilities. 12. The erection, construction, alteration or maintenance of radio, television or microwave antennas, transmitters and related facilities. 13. Public or private hunting of wildlife or fishing. 14. Public or private hunting clubs and accessory structures, IS. Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use. 16. Public or private riding or hiking trails. 17.. Riding acadamy, stables and the boarding of horses or other livestock but not including an animal hospital or kennel. 18. Oil and gas well drilling, including the installation " . " and use of such equipment, structure and facilities as are necessary or convenient for oil and gas drilling ~nd producing operations customarily required or incidental to usual oil ~ . 800~ 9239 p,lcl...52 80D~ 9230 ¡',ICE 130 ficild practice, including the initial separation of oil, gas and water and the storage, handling, recycling and transportation of such oil, gas and water from the premises, eOQ~ 9323 i;~GE 726 ..' % ,. . "~ ", "."A/ ATTEST' ,,,v ""1.1." ~. .::' " ~'~¡ ~"~-y , 1 APPROVED ,,>:!~,...~,..,,;'.',,':._~è. A::..q'ÖI fQ,1<M"-;'" .) c' 17:)' '~~ ".,.' CITY A TTORNEY BOOK 9230' , r,\CE 131 ~ '95932~ ) '.-/ BOOK 9230 . 1~'2 4 I',IC' FILED FOR - ~TREQU~~rD F 8 z1 /i::~ OFFICii,: ,oE SANTA Ct -; i~A CORDS GEORG(È F COUNTY RECORD~~LES o~a 0 r- OClJ.. r- (/)~Cf) ~~ ~§ ~ f~~" 0 N ;'~~ ;;::" u.~ ~M .,.w u'~ '~ ~ ~~~= ;cc.;~ê~ .' ~ ~<~~ ¡;:;:::ci!J:: . . ~:;¡¡g ~ Cf) tfO fEE z 0 (IJ G»> 0 ;j~" ::u::u» 2' f'1G)0 0 om,¡=:' Om]>:' ~:,,;JJ:C 1710»'" ;:)::;:°0 ,°0 TC:oJ CJ);~ -< "'fi'! rn fY1 NO FEE '~ ~ ~ ,5~3-11-/J0J.. ~ ~ 130 ACUS ;... I>{ ~ ~ ~ ~ \3 ~ ~ ~EC ,Çv C p/!,J... ~tJ-I\ ð1> ß Vp.N ø BOOK 9239 it 155 . BOO~ 9230 I'^GE 133 ~ðOOK 9323 PACE 730 /3.2 0' ~ ~ " &5í OtYE Il &OaR WOJ þP } I I';¡;!.O' V! 503-11- 00:3 3/.90 Aa::t:r la:J.tJ' z¡J$ f -(1 f.f) D c;,fI ~ OF rJ p5 ¡,ft ~ C\¿ ~ ~ k ~ ~ ~ r~- ---- Ò 5'/rV 17J:" " s/Je/Jtðð,t:! .ri ~T2¡J>' GPR.euD I : /,.pft/PJ t!f I øøf!.. J.ð 0\ ðf' ¡,prV L,44//J.I C¡: 6 hlÆ:l1òD 7R't/fr W/TI//f TilE C/lY C¡=- Ct/P¿RT/A.M ~ /lJ7?RJ!Y. /// ,//Cfð 5C/lLE I"" 5ðCl' Pi 5Ec. 34 '7 7 S. /é?,Z W. Æ.4P /5 PðET/,,?4/ p,4~¿:- /1 ðt7t7KJV.3 .:YÆl/PZ4 C¿.4/?h7 C¿;,//;/7Y /7S-fKfdA!':::J /Y'»P..f ~ .~ ~ BOOK 9239 PA, 156 '800« 9323 PAGE 728 BOOK 9230 P.IGE 134 ., \, STATE OF CALIFORNIA) ) COUNTY OF SANTA CLARA) J 'NO~~,;h;~b~ '" ~~~ ~~~ko~~ ;ll:O¡;~;'T~~?;~~~ifÞ' duly commissioned and sworn, personally appeared((Í/;7/1 )IÍlIIr-'MI'/W! known to me to be the person described in and whose name is ~u~ scribed to he attached instrument, and acknowl~~ged to/me tha;: /" " ,eXEi5ut¡ed th,7 ,sa~e " /ì/1P, ~)'il /}'-t Wi fÍ7,#fff- f{f'ÍfíT~rg~ í1r ERtcfF :tl;Ph1vi'<fi~~tnf¿ø;siðnf'Phanq-, anÇf~'ftxed my official seal, the day and year in this certificate first above written, SS, crii~IA ~1 /"", - , ./ ,~'.' j . Noa 'y 1 ur1~¿-I~~rL¡t~--- Cpunty of Santa Clara, ¡%tate of California "," , Wi! can lose, i',¡lif,V9;¡¡;~- STATE OF CALIFORNIA) ) COUNTY OF SANTA CLARA) SS. On this 23rd day of Februa¿ , 19 R-, before me, ~,Þ""-,,,,~ c7. ßÆ¿Ç;~~ , a Notary Public in and for the sald County an State resldlng therein, duly commissioned and sworn, personally appeared Garv G. Stoke,; , known to me to be the Mayor of the Clty of Cupertino that executed the within agreement and acknowledged to me that said City of Cupertino did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. 't ~' "O~':"'~'"""",",,-"""(jjè'~IAt'-~1 ,'" JEREML~H J, FITZGERALD NOTA"Y PUBliC' CAliFORNIA SAN (A CLA¡¡,~ COUNTY ~CommiSSionExp"esMaY_1l,1974 I' ~~~~_v --,,? 10054 So, Saratoga, Sunnyvale Rd" Cupertino, Co, 95014 My commission expires ~'-«-:fc ~~#--< N RY PUBL Clan sal - County and State aOOK 9323 PAGE 731 This is to certify that the attached revised legal description of the real property situate in the City of Cupertino, County of Santa Clara, State of Califol'nia, is to replace the description filed and recorded on February 24, 1971, with the Land Cou3ervation Contract for Garrod Trust. This description has been fully read by Garrod Trust, Owner, and verified to be correct. (Parcel Numbers 503-11-002 and 503-L1-003) ~~ ~û ,~~ Subscribed and sworn to before me this ~day of April , 19~, ?~~~ "7 ;¿U~=""" Notar ublic, in ,and for the County of Sant Clara, State of California. My commission expires: Tune 9. 1972 ~~ ,~~~~~,~ OFFICIAL SEAL MIGNON R, PUmAM NOTARY PUBLIC' CAlImRNIA SANTA CLARA COUNTY MyCommission Exp"esJune9,19. ~;;;;';;'S~Rd,Š,_è:~) , : 800K 9323 P^CE 732 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 S. R. 2 W., of Mount Diablo Base and Meridian, where said line intersects the center line of Mount Eden Road; thence along said east line N, 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' W., 20 chns, to a stake; thence N. 0 deg. 5' E. 20 chns. to a stake; thence S, 89 deg. 25' W., 20 chns,; thence S, 0 deg. 5' W" 40 chns. to a stake; thence E. following the center line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 45 deg. E, 1640 feet, more or less,to a point on the East line of Sec- tion 34. T. 7 S., R. 2 W,; thence N. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust (Revised 3/17/71) &00« 9323 PAGE 733 This is to certify that the attached revised legal description of the real property situate in the City of Cupertino, County of Santa Clara, State of California, is to replace the description filed and recorded on February 24,1971, with the Land Conservation Contract for Garrod Trust. This description has been fully read by Garrod Trust, Owner, and verified to be correct. (Parcel Numbers 503-11-002 and 503-11-003) 'eOOK 9323 P,\GE 734 S~A~~ OF CALIFORNIA) , ) CC~):T: OF SA~TA CLA~~) C:. Ò:;,s ~L day c= 4//':(0 ,be£OTe me {, };,A/r2-,,:<,ctt<Jçf', V.~,'otary" Public in a,nd iOT said cóbr.,,?~ and Stat~~7es~P}~7 t~rel7' (:-..:::"y cc;;',;:¡issioned and SHor", pcTsor.::..-"y appearea(¿{J1,/.p )Ft7/'ff' t:!4.':~' knm{r, to :;¡e 1:0 be the person described in and whose name ~S s;.¡v- 5CTi4~ to Ü" a1:tac;-.~ i~~~~~~:~~h:n~a~~J.m~~~c\gYì;oA; ~~5H.mø ,/1..... Ç¡t//7t'?"""¿') ðl ,K,¿Þ.tüJ ;f WIY'II/ LtH// hti.ftS"i, ç. LU.qf~ IN 1'i'ITl\~SS 1'¡ì-!~R~OF: I :.ave heTeC1:0, set my ::~,:Cl and _~~f~xed ::1Y o==icial s~~l, the Gay and yeaT ~n 1:n~s Cer1:lIlcate r~rs~ above .{Titter., 55. ,i '\ -~~;-ofF[élAL SEAL ,,;:;:c~ JOH~ F BUNIOWSKI ,,(...:.d:~, r;o1'A~' P~BLlC'CALlFORN1A ,,";'~,þ-;~7"'J sr,','JA CLARA C')UNTY ;~' ~~1co"'mISS¡onú<p¡resAUg,23.1974 , 1459 Pine G- Wr¡. San Jose, Calif. esm /1 1.~. , ' , L~ 0/ ~(//p~~ ~~c 'in and ror -.:ne Co~~ty of Santa Clara, S-::,,-.:e of California '" 8oo~al)3n ,,1'" ' (; V I;j¡;.' tJ I RESOLUTION NO. 3025 BJOK .']230' i',\C~ 135 '~a'ooK 9323 PACE 736 A IŒSOLUTIOì, OF THE CITY COUNCIL OF TilE CITY 011 CUPERTINO ESTABLISHING AN AGltICULTURAL PRESERVE WITHIN TliE CITY OF CUPEKTlNO. AS::;E~SOR' S PARCEL NUMBERS 503-11-002 AND 503-11-003 IlliEREAS, the Cupertino City Council has by Resolution established a pro- cedure for initiating, filing, and processing requests for establishment of agricultural preserves; and WHEREAS, Garrod Trust, owner of Assessor's Parcel Numbers 503-11-002 and 503-11-003, has made written application to the City Council of the City of Cupertino for the establishment of an agricultural preserve pursuant to the California Land Conservation Act of 1965; and WHEREAS, the City Council has held a public hearing on this application, which hearing was duly noticed as required by law; and WHERL~S, the Planning Department of the City of Cupertinò has submitted its report, putting forth a favorable recommendation an this request: and HHEREAS, this Council finds that agricultural lands have a public value us open space and the preservation in agricultural such lands constitutes an important physical, social, aesthetic asset to existing or pending urban or metropolitan development. definite production of and "conomic Nm" THEREFORE, BE IT RESOLVED by the City Council of ,the City of Cupertino that the property designated as Assessor's Parcel Numbers 503-11-002 and 503-11-003, being olliled by Garrod Trust, and containing 111,90 acres, is hereby established as an agricultural preserve. BE IT Fi.:RTIIER RESOLVED, t;hat the City Council finds the following uses compatible with the agricultur~l preserve: commodity including reduction 1. The drying, packing or other processing of an agricultural usually performed on the premises where it is produced but not slaughter houses, fertilizer yards, bone yards or plants for the of animal or vegetable matter. , ì 2. Structures necessary and incidental to the agricultural use of .] the land. 3. The holding of nonproducing land for future agricultural use. 4. The maintenance of land in its natural state for the purpose of ,;. preserving open space for recreation'or plant or animal preserves. ) ) 5. Single family dwellings incidental to landJ9.r the residence of the owner. and the family ~4J..l I; /':J))' Jr,' ~....-..;/ ',< \~:::¡ -;~ \-:"-\ I <~, \.- -1 C> < 1- -" v~ o/- 1- -- z;> /¡1' --: 1<:: 2 ~ J:::- Y' /, , ÇjÝ <?- , /, v.;rJ" .. (;(;J/ '.;/1"".-"", \/_- the agricultural use of the of the owner. '8DDK9323 PAGE 735 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 S. R. 2 W., of Mount Diablo Base and Meridian, where said line intersects the center line of Mount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 2S' W., 20 chns. to a stake; thence N. 0 deg. S' E. 20 chns. to a stake; thence S. 89 deg. 2S' W., 20 chns,; thence S. 0 deg. S' W., 40 chns. to a stake; thence E. following the center line of a ravine 1320' to a stake; thence N. 0 deg. S' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 4S deg. E, 1640 feet, more or less,to a point on the East line of Sec- tion 34. T. 7 S" R, 2 W,; thence N. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust Revised 3/17/71 eao. 9323 PAGE 733 This is to certify that the attached revised legal description of the real property situate in the City of Cupertino, County of Santa Clara, State of California, is to replace the description filed and recorded on February 24,1971, with the Land Conservation Contract for Garrod Trust. This description has been fully read by Garrod Trust, Owner, and verified to be correct. (Parcel Numbers 503-11-002 and 503-11-003) ~/ . / :"d,--' c::~ :::i\L:;QR:Ci\ 'eoataJ~3 f~~t 134 :v';,\';',! Sic,X,';'. Ci..AP,A) ~~. ¿, Ce. 'C:l:;:" ~~: ¿ay a:: ~/~ ; >cc ~> -,~ 2 . ',~.V.-:-~C ':J. --d "7,, ,:~-,Æ::kL" .'" D"~O",, 'c, 'T-¡ çf """;"""~' ~': ~C,' ",,:d Cal:l-;:V,~" ".,~"" , ~-¿..¡,:,. 'I I \..v.....Lv.>..or.::G ,"'! c",-'," . ~au S"~"e reslQ!""c' ..T~(Íw. """'" "', ~.,U ~..u.l, "J;:;~""'r" U..a. ~¡'(;~" ""V"",d;' .-,;c,to QQ,-;, "'" ", ,~u"~""'Y.~"J,)C:lr>")~~,,-'/.' ;;-:~'~h~~o .c;;" :l~,c~~;~,,~"f;~~J~~.~~~~~~b~;~¿~~:~~~\~~~â~{~~~e:n~s s,:;~' rfN. r- t, ¡. :Æl eAe.c;?""e¿: ~¡'" c~~,~ .. O(ú", ". )' '" til",'C ..,:,¡f'1'¿1-uI"'t"<f1', '~v~",v'P~T'<ß//7 /. ",.c'; lIT~ESS 1ViIEREOF ,L{;f<'~ve ;,,"ti;s:"/ 441 Zt~ì" &. ¿-e Un Þt""JfØ ';'("~~",,,:Cl~~ seal, the day ar.e: y~~.:.e~:'"~;.~e1: my ~and a.,d ~~d ~uv v ,v;:.;"~¡;¡,, ~" "" ,...." certliicate firs;: "EAL JOH~ F. BliNIOWSKI rJO1",.,PUBLlCCWFORNIA sr,: J;P, CLAr;:i , ¡UNTY My Co~",ssion Expi"'Acg.23,1974 ~1 ¿" I . .. ~if:. 1 ,-,-' ,; , r. ' ;~Cë',' <)", '-' Z/.2:Có' -y .~D£c~ '",- r -~ CCrty of Sal';ta C~:'~- 0, d1.3 ,~.tace of Califo;:ni~-~' ,~,,-~~- 1459 Pine Grove Way, San Jose, Cold, 95129 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Starting at a point in the East line of Section 34, in T. 7 S. R. 2 W., of Mount Diablo Base and Meridian, where said line intersects the center line of Mount Eden Road; thence along said east line N. 0 deg. 5' E" 26 chns. more or less, to the one fourth section corner on said line, THIS IS THE POINT OF BEGINNING; thence along said line 20 chns. to a stake; thence S. 89 deg. 25' W., 20 chns. to a stake; thence N. 0 deg. 5' E. 20 chns. to a stake; thence S. 89 deg. 25' w" 20 chns.; thence S. 0 deg. 5' W., 40 chns. to a stake; thence E. following the center line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S. 45 deg, E, 1640 feet, more or less,to a point on the East line of Sec- tion 34. T. 7 S., R. 2 W.; thence N. 0 deg. 5' E, 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust Revised 3/17/71 RESOLUTION NO. 3025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF CUPERTINO, ASSESSOR 'S PARCEL NUMBERS 503-11-002 AND 503-11-003 WHEREAS, the Cupertino City Council has by Resolution established a pro- cedure for initiating, filing, and processing requests for establishment of agricultural preserves; and WHEREAS, Garrod Trust, owner of Assessor's Parcel Numbers 503-11-002 and 503-11-003, has made written application to the City Council of the City of Cupertino for the establishment of an agricultur~l preserve pursuant to the California Land Conservation Act of 1965; and WHEREAS, the City Council has held a public hearing on this application, which hearing was duly noticed as required by law; and WHEREAS, the Planning Department of the City of Cupertino has submitted its report, putting forth a favorable recommendation on this request; and ~ŒEREAS, this Council finds that agricultural lands have a definite public value as open space and the preservation in agricultural production of such lands constitutes an important physical, social, aesthetic and economic asset to existing or pending urban or metropolitan development, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of. Cupertino that the property designated as Assessor's Parcel Numbers 503-11-002 and 503-11-003, being owned by Garrod Trust, and containing 111,90 acres, is hereby established as an agricultural preserve. BE IT FURTHER RESOLVED, that the City Council finds the following uses compatible with the agricultural preserve: commodity including reduction 1. The drying, packing or other processing of an agricultural usually performed on the premises where it is produced but not slaughter houses, fertilizer yards, bone yards or plants for the of animal or vegetable matter. 2. Structures necessary and incidental to the agricultural use of the land. 3. The holding of nonproducing land for future agricultural use, 4. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 5. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner. , ~ ( ¡ This is to certify that the attached revised legal description of the real property situate in the City of Cupertino, County of Santa Clara, State of California, is to replace the description filed and recorded on February 24,1971, with the Land Conservation Contract for Garrod Trust. This description has been fully read by Garrod Trust, Owner, and verified to be correct. (Parcel Numbers 503-11-002 and 503-11-003) (Owner) Subscribed and sworn to before me this _day of , 19_, Notary Public, in and for the County of Santa Clara, State of California. My commission expires: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: St2rting at a point in the East line of Section 34, in T. 7 S. R. 2 \>I., of Hount Diablo Base and Heridian, where said line intersects the center line of Hount Eden Road; thence along said east line N. 0 deg. 5' E., 26 chns, more or less, to the one fourth section corner on said line, THIS IS TilE POINT OF BEGINNING; thence along said line 20 elms, to a stake; thence S. 89 deg. 25' \>I" 20 elms. to a stake; thence N. 0 deg. 5' E, 20 chns. to a stake; thence S. 0 deg. 5' W., 40 chns. to a stake; thence E. following the "enter line of a ravine 1320' to a stake; thence N. 0 deg. 5' East 7 1/2 chains to the crest of a ridge from which the lands there slope to the south and west; thence S, 45 deg, E, 1640 feet, more or less, to a point on the East line of Section 34. T. 7 S" R, 2 W.; thence N. 0 deg. 5' E. 210 feet to the 1/4 section corner on said line, the point of beginning, all within the City of Cupertino. Parcel Numbers 503-11-003 and 503-11-002 Garrod Trust /;/ ~§dLG~ __",,O""'"