Henry Hom Land Conservation
.
Cit'i of CupertfMO
10300 TorTe Avenue
Cupertino, California 95014
Telephone (408) 252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
March 2,1978
Santa Clara County Assessor's
Attention: Walter Mathison
70 West Hedding St.
San Jose, CA 95110
Office, Real Property'
LAND CONSERVATION CONTRACT BETWEEN HENRY HOM AND THE CITY OF CUPERTINO
Enclosed is a copy of Resolution No. 4380 and the Land Conservation Contract
between Cupertino and Henry Horn. These documents were recorded with Santa Clara
County on April 12, 1977 at 12:23 p. m. Also enclosed is a copy of our trans-
mittal letter requesting recordation of the agreement.
To the best of our understanding, by recording these documents the City of
Cupertino fulfilled its obligation in the establishing of an agricultural pre-
serve.
If you have any questions please call me at 252-4505.
Sincerely,
DOROTHY CORNELIUS
DEPUTY CITY CLERK
rw
ends.
PLEASE RETURN TO:
, City of Cupertino
. 1.0300 Torre Avenue
.Cupertino, CA 95014
,
spO.735(t#1'-
NO FEE TO BE CHARGED IN
ACCORDANCE WITH GOVE~NT
CODE SECTION 6103
RESOLUTION NO. 4380
""l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -CUPERTINO
ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF U
CUPERTINO, ASSESSOR'S PARCEL NUMBER 357-19-001 C ~32
WHEREAS, the Cupertino City Council has by Resolution established a
procedure for initiating, filing, and processing requests for establishment
of agricultural preserves; and
w£499
WHEREAS, Henry Horn, O'Nner of Assessor's Parcel Number 357-19-001,
has made written application to the City Council of the City of Cupert'ino
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
WHEREAS, the Planning Department of the City of Cupertino has submitted
its report, putting forth a favorable recommendation on this request; and
WHEREAS, 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; and
WHEREAS, this Council finds that agricultural preserves of less th~n
one hundred (100) acres are necessary due to the unique characteristics of
the agricultural enterprises in the area, and that the establishment of pre-
serves of less than one hundred (100) acres is consistent with the General
Plan of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
that the property designated as Assessor's Parcel Number 357-l9~OOl, being owned
by Henry Horn, and containing 5.007 acres, is hereby established as an ag~icultural
preserve.
BE IT FURTHER RESOLVED, that the City Council finds the fcllo,.ing uses
compatible with the agricultural preserve:
1. The. drying, packing or other processing of an agricultural
commodity usually performed on the premises where it is produced but not in-
cluding 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 preser:es.
I
l.;
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. - pm.)
5. 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
(d)
Joint tenants
6. Dwellings for persons employed by owner or lessee in the agricul-
tural use of the land.
7. The construction and maintenance of a stand or shelter for the
sale of agricultural commodities produced on the land.
8. The erection, construction, alteration or maintenance of gas,
electric, water or communication utility facilities, in compliance with the
City's Underground Utility Ordinance No. 331.
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 m<ners, successors or assigns of the
property, or upon its O\<n motion, consider amendments to the list of compatible
uses.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute a Land
Conservation Contract labeled Exhibit "A" of Resolution No. 4380, with Henry Horn,
his successors or assigns.
P~SED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino on the ~ day of February, 1977, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Frolich, Jackson, Nellis, O'Keefe, Meyers
None
None'
None
APPROVED :
ATTEST:
Id Rnnp,..r tJ Mpyp",~
Mayor, City of Cupertino
Isl Wm. E. Ryder
City Clerk
" .
i"
, ,
EXHIBIT "A"
c
732 PAGf5ú2
LAND CONSERVATION CONTRACT
NO. 78 ;902
This is an agreement between the City of Cupertino, California,
(hereinafter called "City"), and
lI¡¡WY 110M
~YYYYYYY1fY1fXXXXXXXXXXXXXXXXXXXXXXY1fXXY1fXXXXXXXX
(hereinafter called "Owner").
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 made a part hereof; and
WHEREAS, the propert~' 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 ani compatibl~ uses; and
WHEREAS, the parties have determined that the highest and best
use for the pro~erty 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 tne term of this contract, and any and all renewals
l;
732 pmSffi
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.
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 ùses 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
c
732 pm5G.~
the initial term unless notice of nonrenewal is given as pro-
vided in paragraph 4.
4.
NOTICE 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 nonrenewa1 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
e
7;)2 PAG£505
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 nonrenewa1 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 ~y 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: HENRY HOM
Address: 21665 McClellan Rd.
Ci ty and State: Cupertino, CA 95014
IN WITNESS WHEREOF the parties hereto have caused this
contract to be executed: by Owner on~ di q I \ '\-n and
by City on FC,J ~, /177 .
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EXHIBIT II
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LAND CONSERVATION CONTRACT
COMPATIBLE USES
The following is a list of land uses determined to be compatible with the
agricultural use of the land subject to this agreement:
The drying, packing or other processing of an agricultural commodity
1.
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 non-producing 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.
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
(d)
Joint tenants
6.
Dwellings for persons employed by owner or lessee in the agricultural
use of the land.
The construction and maintenance of a stand or shelter for the sale of
7.
agricultural commodities produced on the land.
8.
The erection, construction, alteration or maintenance of gas, electric,
water or communication utility facilities, in compliance with the City's Under-
ground Utility Ordinance #331.
ATTEST:
CIT~~'
APPROVED AS TO FORM
CITY ATTORNEY
'"
.
C 732 pm5Û8
CITY OF CUPERTINO
¡¿ 6-J:- W #l '
MAYOR . ~
(~~.,) ~ ~
-------.-. --_.__._---~~------- ..--
!{ .
,.
STATE OF CALIFORNiA)
)
COUNTY OF SANTA CLARA)
55.
c
732 pm509
On this .,.'r!' day of
the under5ign~a Notary Pu llC
California with principal office n
residing therein duly commissioned
appeared
known to
e orpor on t at
execute Wl ln lnstrument, an nown to me to be the
personswh executed the within instrument on behalf of the
corporation therein named, and acknowledged to me that such
corporation executed the same pursuant to its By-Laws or a
resolution of the Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this Certificate
first above written.
f.C>.OG>:1G>:1G>:1G>1iG>:1G>:1G>:1<X9=61<OG>O61<O""""G
B OFFICIAL SEAL ¡j
8 WM, E RYDER ~
§ NOTARY PUBLIC, CAlifORNIA é
G SANTA CLARA COUNTY é
~ . My Commission Expires July 4, 1977 8
~"",G)"G>JI""',"'(,1<O';)"""'I;<"",-""),,,,"",""""GiI
STATE OF CALIFORNIA)
)
COUNTY OF SANTA CLARA)
4b
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fT1fT1>0
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ss.
On this)( 9th day of Y February, 1977 , before me,
the undersigñeã; a Notary Publlc ln and for the State of
California with principal office in the County of Santa
Clara, residing therein, duly commissioned and sworn,
personally appeared x Henry Horn
and known to me
to be the persons descrlbed ln, whose names are subscribed
to and who executed the within instrument, and acknowledged
that they executed 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.
~
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~.",".~="t""'M!",. S,,\l
~ ¡',.': J. é:;LEBACH
~ i~",)/~ COUNTY
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Notary u~n and 'or t e
State of California
PLEASE RETURN TO:
, City of Cupertino
10300 Torre Avenue
. Cup'ertino, CA 950l4
-~,
~~,
NO FEE TO BE CHARGED IN
ACCORDANCE WITH GOVE
CODE SECTION 6103 RNMENT
'.
RESOLUTION NO. 4380
M!
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THÈ CITY OF ~'
CUPERTINO, ASSESSOR'S PARCEL Nu~ER 357-19-001 \\.
C "1'2
WHEREAS, the Cupertino City Council has by Resolution established a
procedure for initiating, filing, and processing requests for establishment
of agricultural preserves; and
,n499
WHEREAS, Henry Hom, owner of Assessor's Parcel Number 357-19'..001,
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
WHEREAS, the Planning Department of the City of Cupertino has submitted
its report, putting forth a favorable recommendation on this request; and
WHEREAS, 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; and
WHEREAS, this Council finds that agricultural preserves of less than
one hundred (100) acres are necessary due to the unique characteristics of
the agricultural enterprises in the area, and that the establishment of pre-
serves of less than one hundred (100) acres is consistent with the General
Plan of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cuperéino
that the property designated as Assessor's Parcel Number 357-19-001, being owned
by Henry Hom, and containing 5.007 acres, is hereby established as an ag~icu1tural
preserve,
BE IT FURTHER RESOLVED, that the City Council finds the fcllo',!ing uses
compatible with the agricultural preserve:
1. The drying, packing or other processing of an agricultural
commodity usually performed on the premises where it is produced but not in-
cluding 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.
/
\.¡
732 f~:£500
5. 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)
(c)
Beneficiaries of family trusts and estates
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 construction and maintenance of a stand or shelter for the
sale of agricultural commodities produced on the land.
8. The erection, construction, alteration or maintenance of gas,
electric, water or communication utility facilities, in compliance with the
Cityrs Underground Utility Ordinance No. 331.
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 o\<ners, successors or assigns of the
property, or upon its O\<il motion, consider amendments to the list of compatible
uses.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute a Land
Conservation Contract labeled Exhibit "A" of Resolution No. 4380, with Henry Hom,
his successors or assigns.
P~SED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino on the ~ day of Februarv ,1977, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Frolich, Jackson, Nellis, O'Keefe, Meyers
None
None
None
APPROVED:
ATTEST:
1.1 Rnnp,..r tJ Mpyp",~
Mayor, City of Cupertino
/s/ WID. E. Ryder
City Clerk