Land Conservation Contract with Otis Forge - (Based on Act of 1965)
TO:
FROM:
SUBJECT:
City of Cupertino
MEMORANDUM
February 1,1971
Mr. Wm. E. Ryder, City Clerk
James H. Sisk, Planning Director ~
Responsibility of City Clerk re Williamson Act
------------------------------------------------------------------------------
The following information is being provided in the event the City Council
establishes agricultural preserves and subsequently enters into a land contract
as provided by the Williamson Act.
General
(1)
(2)
Whenever an agricultural preserve is established and as long as it is in
effect a map of such agricultural preserve and the resolution under which
the preserve was established shall be filed and kept current with the
County Recorder and the Director of Agriculture. (Section 51237).
The Act sets forth that within thirty (30) days after approval of the
contract form (this being accomplished at the time the City Council
adopted the rules and regulations - Resolution No. 2091 - on November 30,
1970) the Clerk of the Council shall cause a sample copy of the contract
form to be filed with the Director of Agriculture. (Section 51249)
Contracts
In the event a contract is entered into between the City and a landowner, the
following is to be accomplished by the Clerk of the City Council:
(1)
JHS:n
Not later than twenty (20) days after entering into a contract the Clerk
shall record a copy of the contract and description of the property
involved, together with a reference to the map showing the location of
the agricultural preserve in which the property lies.
(Section 51248)
Notes:
Meeting on Williamson Act wi!J1 Mr. Adams and Mr. Si~-,,~l...._197l
Set down criteria of the Williamson Act itself. Other limitations may
include present zoning. For example, should the Williamson Act only
apply to agricultural zoning ~r intended agricultural use.
Limitations from an acreage standpoint. This application on limitations
in core area as opposed to foothill area.
Community identification. For example, should agricultural lots be located
sprinkled through the City for purposes of identification.
Should we utilize the Act for holding purposes for future public use and
would such a tool be legitimate under the existing law.
Should we utilize the Act for holding areas for future private use that
might be more beneficial from overall planning standpoint. For example,
could we utilize this Act to cut down strip commercial zoning.
Additional information will be gathered by Mr. Sisk in regard to the
existing values of properties, meaningful in size, that are presently zoned
for agricultural purposes, in determination of the laws on taxes based on
today's values. The foothill area would be set out separately and an estimate
used on that area.
Mr. Adams will summarize the application of the law.
RWQ:es
cc: Mr. Adams & Mr. S~sk
JŒSOLUn 0;\ NO.
20~J]
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO ESTABLISHING PROCEDURES FOR
INITIATING, FILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PRESERVES
(WILLIAJ'\ISON ACT)
(GC 51231)
WHEREAS, California Land Conservation Act of 1965 (The
Williamson Act) authorizes cities to establish agricultural
preserves, for the purpose of defining the boundaries of those
agricultural areas within which the city will be willing to
enter into land conservation contracts pursuant to said Act,
in order, amongst other things, to maintain the agricultural
economy of the state and to prevent the premature and unneces-
sary conversion of land from agricultural uses, and
WHEREAS, the City Council of this City finds that it can
assist the maintenance of the State's agricultural economy and
avoid conversion of land from agricultural uses by establishing
agricultural preserves and entering into agreements with land
owners as authorized by said Act, and
WHEREAS, said Act directs cities to state by resolution
the procedures for initiating, filing and processing requests
for the establishment of such agricultural preserves,
NOW, THEREFORE, the City Council of the City of Cupertino
hereby resolves as follows:
The establishment of an agricultural preserve may be
initiated either by motion of the City Council, or upon an
application therefor by the land owner or land owners of the
property within the proposed preserve, as hereinafter set forth.
The following procedures are hereby established for the initiating,
filing and processing of all requests to establish such preserves:
1. All requests for establishing an agricultural preserve
initiated by other than motion of the City Council shall be upon
written appl~cation signed by all of the owners of the lands in-
cluded within the confines of the proposed preserve, and filed
with the City Clerk on forms approved by the City Council, which
shall include the following data:
i
(c)
(d)
Names and addresses of all owners;
A statement of the location, ownership, size, and
area of all the property, and of all the present
agricultural uses of the property together with
any and all other uses conducted thereon;
Assessor's parcel numbers;
A request that the property be established as an
agricultural preserve for the purpose of enabling
the applicant to enter into a land conservation
contract with the City;
(a)
(b)
-1-
(e)
In the event the property or some part thereof
is in a zoning district other than A (agricul-
ture), a request to initiate a change of zoning
to A zoning district;
Such other data or information as may be required
by the approved form;
In addition, each application shall be accompanied by the follow-
ing documents:
ef)
(a)
(b)
(c)
(d)
(e)
Two (2) copies of a legal description of all
properties;
Four (4) copies of assessor's maps;
A completed income analysis sheet for delivery
to the Santa Clara County Assessor;
Two (2) completed land conservation contracts in
a form approved by the City Council, covering all
or some substantial portion of the property within
the proposed agricultural preserve, each properly
executed and acknowledged by the property owner;
A filing fee in the sum of $40.00, together with
an additional filing fee of $100.00 if an applica-
tion is included requesting rezoning to the "A"
zoning district.
2. Upon receipt of the application, the City Clerk shall
check the same for the adequacy and completeness of all documenta-
tion required thereon and documents to be included therewith, and
upon determining the same as properly executed and complete, he
shall then:
(a)
(b)
Forthwith submit the application and accompanying
data to the City's Planning Department, who shall
report thereon to the City Council within thirty
(30) days thereafter, and which report shall in-
clude a statement as"to whether or not the proposed
preserve is consistent with the General Plan;
He shall set a public hearing on the application
before the City Council, publishing notice of the
same once in a newspaper of general circulation
at least 10 days prior to the date of the hearing,
and sending a copy of said notice, postage prepaid,
to all applicants who have their addresses set
forth on the application.
3. At the time and place of the public hearing on the
application; the City Council shall hear all persons interested
therein, and thereafter may either terminate said proceedings,
or may by resolution establish all or any portion of the lands
included in the application as an agricultural preserve. Said
public hearing may be continued from time to time, and in no
event shall the City Council adopt a resolution establishing an
-2-
agricultural prc_.rve until it has either r rived a report on
the application from the Planning Department, or until the
expiration of thirty (30) days from the date said matter was
submitted to said Planning Department in the event said depart-
ment fails to report thereon.
Each resolution establishing an agricultural preserve shall
contain a finding of compatible uses within the preserve, and
shall set forth such uniform rules for administering that preserve
as may be deemed advisable and necessary by the City Council.
, 4. At any time at or after adopting a resolution estab-
lishing an agricultural preserve, the City Council may authorize
the Mayor of said City to enter into a land conservation agreement
with any owner or owners of land within said agricultural preserve,
and said authorization may, but need not, be included as a part of
the resolution establishing the preserve.
5. Anything to the contrary hereinabove notwithstanding,
the City Council may abandon any proceedings for the establish-
ment of an agricultural preserve at any time after the filing of
an application therefor or initiation of the same on the Council's
own motion, by minute or other resolution, which resolution shall
set forth the reasons for such abandonment.
6. Attached hereto and marked, respectively, Exhibits "A"
and "B", are forms for the application for creation of an agricul-
tural preserve and for land conservation contract, which forms are
hereby specifically referred to and approved as official forms of
this City.
7. rhe City Clerk shall cause a duplicate original of each
land conservation agreement to be recorded with the Santa Clara
County Recorder within 20 days after the completed execution of
the same, and shall file a copy of the same 'vi th the Santa Clara
County Assessor. Within 30 days after adoption of this Resolution
the City Clerk shall file a sample copy of the hereinabove approved
form of contract with the State Director of Agriculture.
PASSED AND ADOPTED at an adjourned regular meeting of the
Ci ty Council of the City of Cupertino on the 30th. day of November
1970, by the following vote:
AYES:
Councilmen -
Fitzgera1d, Frolich, Green, Stokes
NOES:
Councilmen -
None
ABSENT:
Councilmen -
Noel
APPROVED:
$
ATTEST:
/5/ Wm. E. Ryder
Ci ty Clerk
/5/ Gar~ G. Stokes
Mayor, CIty of Cupertino
'- 3-
:;~TY
OF CUPEi
TINO
PLANNIN
J
CO.V¡MIS~IOi~.1
INSTRUCTION
SHEET
This instruction sheet is to be used in connection with the filing of applications for
Zone Changes, Use Permits, Variances and Tentative Maps.
GENERAL INFOIDIATION:
Application forms are available upon request from the office of the Planning Department.
The applicant is required to file, in the office of the Planning Department, one original
and two copies of the appropriate application form together with the proper filing fee'
and required exhibits no later than 24 days prior to a desired hearing date.
The Planning Commission meets on the second and fourth Mondays of the month. In order
to avoid delay it is suggested that the application be filed in person so that it can be
reviewed and accepted at the time of filing.
FILING FEES:
Cash or check at time of application.
Not refundable.
Rezoning: $100.00 Tentative Map:
2 - 50 lots $ 50.00
Use Permit: $ 25.00 51 - 250 lots $100.00
251 - 500 lots $200.00
Variance: $ 25.00 500 - lots $500.00
EXHIBITS:
All required exhibits must be submitted on or before the application filing deadline. All
applications require 40 identical copies of each exhibit, 35 of which must be reduced to
an 8~" x II" sheet size. Specific instructions for each type of application are as follo"s:
..
Zoning:
40 copies of a map of the property to be rezoned, describing its
.existing and proposed zoning, and location in relation to nearby
Each separate zoning classification within the property involved
described. The map shall be on an 8~" x II" sheet.
size, dimensions,
streets, are required.
shall be similarly
Legal Description: 3 copies of a legal description, setting forth each zoning classi-
fication within the property, are required.
Development Plan: Some zoning districts require a development plan. A description of
the information needed on the plan is contained in the appropriate zoning ordinance.
40 copies of the plan are required (5 unreduced, 35 reduced to size 8~" x 11"), and
one reproducible copy of the unreduced plan.
Use Permits and Variances:
40 copies (5 unreduced and 35 reduced to size 8~" x II") of a site plan and elevations
of all existing and proposeà uses on the property involved, are required. The plan
shall be detailed, showing the location of all existing and proposed uses, structures,
fences, signs, off-street parking spaces, driveways, traffic island, landscaping and
other information or data which the applicant or the Planning Director deems necessary
for proper consideration of the application. The drawing must be to scale and drawn
in a professional manner.
-1-
EXHIBITS (continued):
Tentative Maps:
40 copies (5 unreduced and 35 reduced to size 8~" x 11") and one reproducible
unreduced copy, are required of a map which meets the requirements of the City
of Cupertino, Subdivision Ordinance No. 47. A Tentative Map Review Sheet,
listing the required information to be shown on the map, is attached to the
Tentative Map application form.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE
With the exception of single-family homes, any construction or substantial alteration
within the City requires the approval of this Committee. The Committee is primarily
concerned with building design, building materials, signs and landscaping. It is a
lay body independent of the Planning Commission. Information .concerning the procedures
of this Committee may be obtained at the Planning Department.
TENTATIVE HEARING DATES
For your information, the staff member receiving your application will list the .tentative
hearing dates. The dates listed below must be ccnsidered tentative in nature, and are
subject to change depending on the action taken by the various bodies involved.
Filing Date
Planning Commission Hearing Date
City Council Hearing Date
City Council Hearing Date
(Second reading for zoning ordinance)
Fir.
American Title Company l- Santa Clara County
MAIN OFFiCE
675 NO<th Fir" S"cc' M
San Jose, California 95112
Phone 286-6353
~. 4L.f?' PALO ALTO
-=- '"..>-<:.: -- ~~~ ~~~JtC~Jit;~3u;1 0
Phone 325-2855
SUNNYVALE
560 So. Murphy Avenue 0
Sunnyvale, Calif. 94086
Phone 245-%61
UNION-FoXWORTHY
2981 Uninn Avenue 0
San Jose, Calif. 95124
Phone 377-9112
VALLEY FAIR
3119 Dorrich Street 0
San Jose, Calif. 95117
Phone 246-0400
Issued for Sole Use of
Mark Thomas & Co.
20065 Stevens Creek 8lvd.
Cupertino, California
Attn: Hr. Louie Rapp
Our No,
SJ 7499 PAT
PRELIMINARY REPORT
Your No.
In connection with your application for a Policy of Title Insurance on the title to the land hereinafter described,
this report is issued as an accommodation, and is made without liability and without obligation to issue such Policy.
Statement of charges wiil be rendered when Policy is issued, or ninety days from entry of application, if Policy
is not issued prior to that time.
Dated as of
December 10. 1968
at 8:00 A,M,
By
VESTEE.
OT! SF. FORGE
PLEASE ¡-OTE - THE ISSU,'NCE OF THIS REPOK,
Will BE SUftJECT TO A MIN MUM CHARGE IN
COMPLIANCE WITH THE REGULATIONS OF THE
INSUR.^NCE COMMISSIONER.
SUBJECT TO:
I.
General and Special County taxes for fiscal year 1968-69 are as
follows:
AP 326-10-014 Code Area 13-003
(Affects Easterly portion of said land)
Amount $1,165.68
AP 326-10-018 Code Area 13-003
(Affects Westerly portion of said land)
Amount $3.435.20
2.
Terms and conditions of a Water Agreement dated November 7. 1934.
relative to the usage of an existing well and pumping plant
located on said land. executed by and betWeen Otis F. Forge.
et al, and Tom Kapanlca. et al. recorded February 27. 1935 In
Book 719. page 428 of Official Records.
3.
Easement for poles. conduits and Incidental purposes over the
Southerly portion of said land. as conveyed to Pacific Gas and
Electric Company. a California corporation, by Deed recorded
February IS, 1947 in Book 1402. page 489 of Official Records.
Olflce of the County Assessor
201 County Administration Building
70 West Hedding Street
San Jose, California 95110
299-2401 Area Code 408
County of Santa Clara
-----~-~----~ m____--~-~------~
California
PROPERTY RENTAL QUESTIONNAIRE
In appraising land under the Land Conservation Agreement, we are now required to use
the economic approach to value. In order to appraise land by this method, it will be
necessary for us to have land rental information.
State law not only requires the Assessor to value property on this basis, but
requires property owners to furnish this kind of information to the Assessor.
iuuneùiate cooperation to this request will help to increase the efficiency in
ing your application.
Column
also
Your
process-
INSTRUCTIONS FOR FILLING OUT QUESTIONNAIRE
1.
If your type of farming operation is not listed, either list it at the bottom
of the form or draw a line through the existing uses and enter the type of
farming in Hhich you are engaged. '
2.
Write in the kind of crops you are farming if they do not appear on the form.
3.
Enter the amount of acres of irrigated or non-irrigated land you are farming
on the ""me line as the kind of crop being produced.
4.
Enter the amount of cash rent paid or collected per acre. In the case of
share rent, convert the income per acre into cash per acre. Do not deduct
real estate taxes or income taxes before arriving at the amount of cash
received per acre. If rent is by the head per month or similar basis,
convert this rent to amount of cash rent per acre per year. If owner
operated, enter the amount of cash rent per acre for which you believe your
property can be rented.
5.
Enter the remaining length of time your lease has until it expires.
6.
Write in whether the acreage is ~ or ~ operated.
7.
If at all possible, ident ify the property by the Assessor" s Parcel Number.
If this information is not available, give the owner's name and the name of
the road where the property is located.
8.
Indicate the number of acres of Prime Agricultural Land on the same horizontal
line that the Assessor's Parcel Number appears.
9.
Please do not write in this space.
If the contract rent involves performance or consideration other than cash rent by
either the owner or the renter, which is considered as part payment, please indicate
what this may be. If there is income from other uses such as hunting clubs, Public
Utility installations, riding trails, or any other use, this should be listed under
Column One. You may use the back of enclosed form or attach an extra sheet.
.
"LUL TO:
I
--I
Orchard
Pasture
ard
Row Crop
Other Uses
-
Ovc,,-
COUNTY ASSESSOR'S OFFICE
70 W. HEDDING STREET
SAN JOSE, CALIF. 95110
r~ INCOME ANALYSIS SHEET FOR 19_r"ì NAME:
2
3
4
6
7'
Field Crop
Number of Ac res
Cash Rent per
Acre
If Share Crop,
Convert to Cash
lrri- 'Non-irri-
gated !gated
Remaining
Leng th 0 f
Lease in
Years
Indicate
Whether Owner
Operated or
Leasing
Location-Use
Assessor's
Parcel No. or
Owner's Name &
Road Name
Irri-
gated
,
,
,
,
'Non-irri-
:gated
f---
]
I
Apricot.
,s.he!".ry- 1
I Pear
Prune =1
1-.1' a l!!.!:'i..==I
'(Beef
l1~l~.
I (Dairy I
Cattle) -
I. She~eD
\.+=1
i 1-=.1
~e:2~~_~1 i I \ ¡l__l___.~J-
Corn ' ,
It~~:~e;s ------r--=¡ ¡ [-===-Ì=. ~~~~
I~p~ : I ¡ ! I
Jornatoe s ~ ¡ .-: ~- ---,--
, ,
, ,
I H~n~in&...-I: :. ._---
.Mlnlng, , ,
()' , ! ' I
=-: ¡ 1- n~-
- I
I~n
8
9
Number of
Acres
*Prime
Agricul tural
Land
Assessor's
Use
,
't
-
-
,,~
*
"PRIME AGRICULTURAL LAND" means:
. !/1
. ,.
(1 )
."
All land which qualifies for rating as Class I or Class II
in the Soil Conservation Service land use capability classi-
fications.
(2)
Land which qualifiès for rating 80 through 100 in the Storie
Index Rating.
(3)
Land which supports livestock used for the production of
food and fiber and which has an annual carrying capacity
equivalent to at least one animal per acre as defined by
the United States Department of Agriculture.
(4)
Land planted with fruit or nut-bearing trees, vines, bushes
or crops which have a nonbearing period of less than five
years and which will normally return during the commercial
bearing period on an annual basis from the production of
unprocessed agricultural plant production not less than two
hundred dollars ($200) per acre.
(5)
Land which has returned from the production of unprocessed
agricultural plant products an annual gross value of not less
than two hundred dollars ($200) per acre for three of the
previous five years.
Permission is hereby granted to the County Assessor to obtain any information
which he may need f?r assessment purposes from my "Soil and Capability Map"
or the "Conservation Plan Map" which is available in the Soil Conservation
Dis tric t Office.
Signature
Date
EXHIBIT "B"
LAND CONSERVATION CONTRACT
This is an agreement between the City of Cupertino, California,
(hereinafter called "City"), and
rd;: {)
7- - *-1--; (J ~
(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 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 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 propeTty 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 unifor~ 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.
TE~~ 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 ton 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 ~ontract shall be renewed on each succeeding
January 1 and one additional year shall be added automatically to
" .
¡;
the initial term unless notice of nonrenewaI 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 nonrencwal 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 nonrenewal in
any year within the time limits of (a) above, this contr~ct shall
remain in effect for the bala~ce of the period remaining since the
original execution or the last renewal of this contract, as the case
maybe.
5.
NO Cm!PENSATION
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 ~uccessors in in-
tcrest 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 non renewal 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 pro"isions of the Land Conservation Act of 1965.
8.
NOTICES
All notices required or permitted by this contract, includ-
ing notice of a ~hange 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:
Address:
City and State:
..'
IN WITNESS WHEREOF the parties hereto have caused this
contract to be executed: by Owner on
and
by City on
" .
;
EXHIJ3IT II
LAND CONSERVATION CONTRACT
CO~1PATIBLE 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 :,ecessary 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.
s.
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 i~.clude~
(a) stockholders in family corporations
(b) beneficiaries of family trusts and estates.
(c) owners of undivided partial interests in the fee
(d) 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. Gil 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
STATE OF CALIFORNIA)
)
COUNTY OF SANTA CLARA)
ss.
, before me,
and for the State of
the County of Santa Clara,
and sworn, personally
of
, the corporation that
executed the wIthin instrument, and known to me to be the
person who 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.
On this day of
the undersign~a Notary Public in
California with principal office in
residing therein, duly commissioned
appeared
known to me to be the
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this Certificate
first above written.
Notary PublIc In and for the
State of California
STATE OF CALIFORNIA)
)
COUNTY OF SANTA CLARA)
ss.
. 'ç fA ,----¡-, /
On thIS ,,-',- day of /-!//é /~/./?Jc-/ , before me,
the undersigned, a Notary Public in and for the State of
California with principal office in the County of Santa
Clara, residing therein, duly commissioned and sworn,
personally appeared ~ ,~~ r- H ,,¿/ c~
and / known to me
to be the persons descrIbed In, 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.
, WILLIAM E. "-!cGe>:
. ...o....""......n~o~~.,..n..,,"'~~('.~;;1aryrubliç in anJ (0< .he County 4-'¿~/ . . GO
~L~.r<',...'.;'i':.'.:,\"." rJiHi:Jr.1 (. r,~cC:;(MI~o'.:~i~;~~a'E:t;itr:~:u~:l~l~:~I~~NO;::;~/:~~ a<{- or
"¡~';;."'\ NG7A:<Y PU:~!C .. 'State of California
. IJ'>il.' C' C C 11 ..
: ~c;J' Santa .ara ounty, 0 I, ~
.';-~;-:'-;'~""\.J'. ,'oc'u"õeoo""".."e...,.
STATE OF CALIFORNIA)
)
COUNTY OF SANTA CLARA)
55.
On this day of , before me,
a Notary Public In and for said County and State, residIng therein,
duly commissioned and sworn, personally appeared
known to me to be the person described in and whose name IS sub-
scribed to the attached instrument, and acknowledged to me that
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.
Notary PublIC In and for the
County of Santa Clara,
State of California
STATE OF CALIFORNIA)
)
COUNTY OF SANTA CLARA)
SS.
On this
day of
me,
in and for the saId County and State residIng
commissioned and sworn, personally appeared
, known to me to
the CIty of CupertIno that executed the within
acknowledged to me that said City of Cupertino
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.
, 19 , before
, a Notary Public
therein, duly
be the Mavor of
agreement' and
did execute the
NOTARY PUBLIC In and for saId
County and State
."
~
My commission expires
Office of the County Assessor
201 County Administration Building
70 West Hedding Street
San Jose, California 95110
299-2401 Area Code 408
County of Santa Clara
------ --------------
California
------
PROPERTY RENTAL QUESTIONNAIRE
In appraising land under the Land Conservation Agreement, we-are now required to use
the economic approach to value. In order to appraise land by this method, it will be
necessary for us to have land rental information.
State law not only requires the Assessor to value property on this basis, but
requires property owners to furnish this kind of information to the Assessor.
immediate cooperation to this request will help to increase the efficiency in
ing your application.
Column
OJ
also
Your
process-
INSTRUCTIONS FOR FILLING OUT QUESTIONNAIRE
1.
If your type of farming operation is not listed, either list it at the bottom
of the form or draw a line through the existing uses and enter the type of
farming in which you are engaged.
2.
Write in the kind of crops you are farming if they do not appear on the form.
3.
Enter the amount of acres of irrigated or non-irrigated land you are farming
on the same line as the kind of crop being produced.
4.
Enter the amount of cash rent paid or collected per acre. In the case of
share rent, convert the income per acre into cash per acre. Do not deduct
real estate taxes or income taxes before arriving at the amount of cash
received per acre. If rent is by the head per month or similar basis,
convert this rent to amount of cash rent per acre per year. If owner
operated, enter the amount of cash rent per acre for which you believe your
property can be rented.
5.
Enter the remaining length of time your lease has until it expires.
6.
Write in whether the acreage is leased or ~ operated.
7.
If at all possible, identify the property by the Assessor's Parcel Number.
If this information is not available, give the owner's name and the name of
the road where the property is located.
8.
Indicate the number of acres of Prime Agricultural Land on the same horizontal
line that the Assessor's Parcel Number appears.
9.
Please do not write in this space.
If the contract rent involves performance or consideration other than cash rent by
either the owner or the renter, which is considered as part payment, please indicate
what this may be. If there is income from other uses such as hunting clubs, Public
Utility installations, riding trails, or any other use, this should be listed under
Column One. You may use the back of enclosed form or attach an extra sheet.
.~ 'f
IŒSQLUTlON NO.
2091
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OJ' CUFtJ\TINO LSTj\J5LlS\\lNG PROCEDURES fOR
INITIATING, fILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PFESERVES
(WILLIAMSON ACT)
(GC 51231)
WHEREAS, California Land Conservation Act of 1965 (The
Williamson Act) authorizes cities to establish agricultural
preserves, for the purpose of defining the boundaries of those
agricultural areas within which the city will be willing to
enter into land conservation contracts pursuant to said Act,
in order, amongst other things, to maintain the agricultural
economy of the state and to prevent the premature and unneces-
sary conversion of land from agricultural uses, and
WHEREAS, the City Council of this City finds that it can
assist the maintenance of the State's agricultural economy and
avoid conversion of land from agricultural uses by establishing
agricultural preserves and entering into agreements with land
owners as authorized by said Act, and
. WHEREAS, said Act directs cities to state by resolution
the procedures for initiating, filing and processing requests
for the establishment of such agricultural preserves,
NOW, THEREFORE, the City Council of the City of Cupertino
hereby resolves as follows:
The establishment of an agricultural preserve may be
initiated either by motion of the City Council, or upon an
application therefor by the land owner or land owners of the
property within the proposed preserve, as hereinafter set forth.
The following procedures are hereby established for the initiating,
filing and processing of all requests to establish such preserves:
1. All requests for establishing an agricultural preserve
initiated by other than motion of the City Council shall be upon
written application signed by all of the owners of the lands in-
cluded within the confines of the proposed preserve, and filed
with the City Clerk on forms approved by the City Council, which
shall include the following data:
(a)
(b)
Names and addresses of all owners;
A statement of the location, ownership, size, and
area of all the property, and of all the present
agricultural uses of the property together with
any and all other uses conducted thereon;
Assessor's parcel numbers;
A request that the property be established as an
agricultural preserve for the purpose of enabling
the applicant to enter into a land conservation
contract with the City;
(c)
(d)
-1-
CITY OF CUPEI . TINO PLANNIN
..
J
COMMISSIOI\I
INSTRUCTION
SHEET
This instruction sheet is to be used in connection with the filing of applications for
Zone Changes, Use Permits, Variances and Tentative Maps.
GENERAL INFOR!>!ATION:
Application forms are available upon request from the office of the Planning Department.
The applicant is required to file, in the office of the Planning Department, one original
and two copies of the appropriate application form together with the proper filing fee
and required exhibits no later than 24 days prior to a desired hearing date.
The Planning Commission meets on the second and fourth Mondays of the month. In order
to avoid delay it is suggested that the application be filed in person so that it can be
reviewed and accepted at the time of filing.
FILING FEES:
Cash or check at time of application.
Not refundable.
Rezoning: $100.00 Tentative Map:
2 - 50 lots $ 50.00
Use Permit: $ 25.00 51 - 250 lots $100.00
251 - 500 lots $200.00
Variance: $ 25.00 500 - lots $500.00
EXHIBITS:
--
All required exhibits must be submitted on or before the application filing deadline. All
applications require 40 identical copies of each exhibit, 35 of which must be reduced to
an 8~" x II" sheet size. Specific instructions for each type of application are as fo!'Jo.,¡s:
-
Zoning:
40 copies of a map of the property to be rezoned, describing its
-existing and proposed zoning, and location in relation to nearby
Each separate zoning classification within the property involved
described. The map shall be on an 8~" x 11" sheet.
size, dimensions,
streets, are required.
shall be similarly
Legal Description: 3 copies of a legal description, setting forth each zoning classi-
fication within the property, are required.
Development Plan: Some zoning districts require a development plan. A description of
the information needed on the plan is contained in the appropriate zoning ordinJnce.
40 copies of the plan are required (5 unreduced, 35 reduced to size 8~" x II"), and
one reproducible copy of the unreduced plan.
Use Permits and Variances:
40 copies (5 unreduced and 35 reduced to size 8~" x 11") of a site plan and elevations
of all existing and proposed uses on the property involved, are required. The plan
shall be detailed, showing the location of all existing and proposed uses, structures,
fences, signs, off-street parking spaces, driveways, traffic island, landscaping and
other information or data which the applicant or the Planning Director deems necessary
for proper consideration of the application. The drawing must be to scale and drawn
in a professional manner.
-1-
MAIL TO:
COUNTY ASSESSOR'S OFFICE
70 W. HEDDING STREET
SAN JOSE, CALIF. 95110
NAME:
r-,
,-
INCOME ANALYSIS SHEET FOR 19
I
----r
2
3
(;
7'
4
5
Cash Rent per
Acre
If Share Crop,
Convert to Cash
Irri- 'Non-irri-
ga ted ;ga ted
Number of Acres
Location-Use
Assessor's
Parcel No. or
Owner's Name &
Road Name
Remaining
Length of
Lease in
Years
Indicate
VIhether Owner
Operated or
Leasing
I
,
I
Type of Kind of Irri- :Non-irri-
Farming Use Crop gated 19ated
Field Crop I Alfalfa :
I ~¡~in -+~
Orchard l~prico_t__I__u i
Cherr=-=i I
W,'---"'. ----'
Pear :
_PruI1~. -" I. :
I Walnut ---, :
I~,~~:--. - ----¡
!1~tqeJ :
I (Dairy [: : 1 I I
_<¿ B.ttle)::=¡: I --~~-i~------L....-...
I Sheep , :
-~., \-_.
--- I , .
I I
, I
I I
I I
~_~aD.~__1 iD". L_____H.J
._E-"!";::---f-----1._-t-: L~__J ~- -=f._--
U~~llm.t:..e.~--~--r : I____L______-~-~---
~~ iOU-] ¡ 1=- t--~---+--
Tomatoes, I t
O<h.d'.' I :00"°' I ! ..! -~d==---
I
i
Hi
,
_J
I
Pasture
,"yard
Row Crop
* Over
8
Number of
Acres
*Prime
Agricul tural
Land
~,.
9
Assessor's
Use
-
*
"PRIME AGRICULTURAL LAND" means:
..
¡:
(I)
."
All land which qualifies for rating as Class I or Class II
in the Soil Conservation Service land use capability classi-
fications.
(2)
Land which qualifiès for rating 80 through 100 in the Storie
Index Rating.
(3)
Land which supports livestock used for the production of
food and fiber and which has an annual carrying capacity
equivalent to at least one animal per acre as defined by
the United States Department of Agriculture.
(I, )
Land planted with fruit or nut-bearing trees, vines, bushes
or crops which have a nonbearing period of less than five
years and which will normally return during the commercial
bearing period on an annual basis from the production of
unprocessed agricultural plant production not less than two
hundred dollars ($200) per acre.
(5)
Land which has returned from the produc tion of unprocessed
agricultural plant products an annual gross value of !lot less
than two hundred dollars ($200) per acre for three of the
previous five years.
Permission is hereby granted to the County Assessor to obtain any information
which he may need for assessment purposes from my "Soil and Capability Map"
or the "Conservation Plan Map" which is available in the Soil Conservation
District Office.
Signature
Date
.-.--....-- -......-- ...~._._.__.._.._.._~_. -_._-~-- ---.-.---.-.--
(e)
In the event the property or some part thereof
is in a zoning district other than A (agricul-
ture), a request to initiate a change of zoning
to A zoning district;
Such other data or information as may be required
by the approved form;
In addition, each application shall be accompanied by the follow-
ing documents:
(f)
(a)
(b)
(c)
Two (2) copies of a legal description of all
properties;
Four (4) copies of assessor's maps;
A completed income analysis sheet for delivery
to the Santa Clara County Assessor;
Two (2) completed land conservation contracts in
a form approved by the City Council, covering all
or some substantial portion of the property within
the proposed agricultural preserve, each properly
executed and acknowledged by the property owner;
A filing fee in the sum of $40.00, together with
an additional filing fee of $100.00 if an applica-
tion is included requesting rezoning to the "A"
zoning district.
(d)
(e)
2. Upon receipt of the application, the City Clerk shall
check the same for the adequacy and completeness of all documenta-
tion required thereon and documents to be included therewith, and
upon determining the same as properly executed and complete, he
shall then:
(a)
Forthwi th submit the appl ica tion and accompanying
data to the City's Planning Department, who shall
report thereon to the City Council within thirty
(30) days thereafter, and which report shall in-
clude a statement as to whether or not the proposed
preserve is consistent with the General Plan;
He shall set a public hearing on the application
before the City Council, publishing notice of the
same once in a newspaper of general circulation
at least 10 days prior to the date of the hearing,
and sending a copy of said notice, postage prepaid,
to all applicants who have their addresses set
forth on the application.
3. At the time and place of the public hearing on the
application, the City Council shall hear all persons interested
therein, and thereafter may either terminate said proceedings,
or may by resolution establish all or any portion of the lands
included in the application as an agricultural preserve. Said
public hearing may be continued from time to time, and in no
event shall the City Council adopt a resolution establishing an
(b)
-2-
.
'"
agricultural preserve until it has either received a report on
the application from the Planning Department, or until the
expiration of thirty (30) days from the date said matter was
submitted to said Planning Department in the event said depart-
ment fails to report thereon.
Each resolution establishing an agricultural preserve shall
contain a finding of compatible uses within the preserve, and
shall set forth such uniform rules for administering that preserve
as may be deemed advisable and necessary by the City Council.
, 4. At any time at or after adopting a resolution estab-
lishing an agricultural preserve, the City Council may authorize
the Mayor of said City to enter into a land conservation agreement
with any owner or owners of land within said agricultural preserve,
and said authorization may, but need not, be included as a part of
the resolution establishing the preserve.
5. Anything to the contrary hereinabove notwithstanding,
the City Council may abandon any proceedings for the establish-
ment of an agricultural preserve at any time after the filing of
an application therefor or initiation of the same on the Council's
own motion, by minute or other resolution, which resolution shall
set forth the reasons for such abandonment.
6. Attached hereto and marked, respectively, Exhibits "A"
and "B", are forms for the application for creation of an agricul-
tural preserve and for land conservation contract, which forms are
hereby specifically referred to and approved as official forms of
this City.
7. The City Clerk shall cause a duplicate original of each
land conservation agreement to be recorded with the Santa Clara
County Recorder within 20 days after the completed execution of
the same, and shall file a copy of the same with the Santa Clara
County Assessor. Within 30 days after adoption of this Resolution
the City Clerk shall file a sample copy of the hereinabove approved
form of contract with the State Director of Agriculture.
PASSED AND ADOPTED at an adjourned regular meeting of the
City Council of the City of Cupertino on the 30th. day of November
1970, by the following vote:
AYES:
NOES:
Councilmen -
Fitzgerald, Frolich, Green, Stokes
Councilmen -
None
ABSENT:
Councilmen -
Noel
APPROVED:
'.;
,-
ATTEST:
Isl Wm. E. Ryder
CIty Clerk
151 Gar~ G. Stokes
Mayor, CIty of Cupertino
-3-
1.4 1-.,
a
4 - amain N K{9
A
-stir ey 3959328--)
9230 o 137
NO FEE OZ "'30 150
LAND CONSERVATION CONTRACT
396209
This is an agreement betvuen the City of Cupertino, California,
(hereinafter called ,City"), and oris F. For e
(hereinafter called "Owner"). located within
WHEREAS, owner possesses certain real property 1
the City of Cupertino, County of Santa Clara, State of California,
which is presently deVOtL.1 to agricultural uses and is described in
Exhibit I attached hereto and made a 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 th--
property to agricultural and . compatible uses; and
WHFREAS, the parties have determined that the highest and bcst
use for the property during the term of this contract, or any re-
newal
e-newal thereof, shall be for agricultural purposes.
T14FREFORE. City and owner agree as follows:
CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT UT—Iq63
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 i, 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/• ?o7
41
S
9�ox 0239 ma 160 Boor 9230 138
/by
of, the property described in Exhibit I shall nota `oseeother
ner, or Owner's successorsin interest,for any p P the production of agricultural commodities for commercial -
purposes aid uses compatible thereto as defined in said Act. A
is set forth in Exhibit II, attached
list of all such compatible uses
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
prior written consent of Owner,
g any renewal thereof, without the p rt which are
remove any of the compatible uses for the subject property
set forth in Exhibit II. The provisions of this contract and any
uniform rule supplementing t;,e 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
ci{ecr,,.P 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 1-etween 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
e annual renewal date of
day of January shall be deemed to be th
this contract. This contract shall be renewed on each succeeding
January 1 and one additional year shall be added automatically to
�{
e
r
1.1
BocK 9239 BooK 9230 r+'E 139
" the initial term unless notice of nonrenewal is given as pro-
vided in paragraph 4.
�w.
4. NOTICE OF NONRENEWAL
(a)
If either party desires in ,any year not to renew this
contract, that party shall serve written nntice 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
date, or by City at least 60
at least 90 days prior to the renewal
days prior to the renewal date, this contract shall be considered
renewed as provided it paragraph 3 above..
l in
(o) ii either party serves written notice of nonrenewa
of (a) above, this cont
any year within the time contract shall
limits
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 CO\iRFNSATION
Owner
from City in consideration
shall not receive any pay
of the obligations imposed under this contract, it being recognized
and agreed that the consideration for the execution of this contract
and the advantage
is the substantial benefit t^ be derived therefrom,
that may accrue to Owner as a rc3ult 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 INTL-RLST
This contract end the restrictions imposed hereunder shall be
re to the benefit of, tl successors in in -
binding upon, and insu
terest of the Owner. Whenever any of the property described in
Exhibit I is divided, the owner of any parcel may exercise, independent
3
Ir -
'x
fP
3
6
M
� ka . E.
uk
•
?3,
8,, 9? 39 ,, :1r;2 Boa 9230 'AGE x.40
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 *'- r^maining 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.
S. 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 Terre Avenue
Cupertino, Calif. 96014
Notice to the Owner shall be addressed:
Name: Otis F. Forge
Address: 20691 Homestead Road
City and State: Cupertino, Calif. 95014
IN WITNESS WHEREOF the parties hereto have caused this
contract to be executed: by Owner on December 18, 1970 and
by City on February 23 1977
Box .9239 rAGE 163
t AAS,
BOOK
ATTEST: CITY 0 ERTINO 141
E
APPROVED AS Tp-�QRR'
ll AllUFNhY 0
4
(Owner)
11
3959328
ro-r.9230 37
FILED FOR RECORD
T REQUEA';. OF
1791F9 949!ow� 1
FEB jq 3 02 PM '71
OFFl(;l - RECORDS
SANTA CLARA COUNTY NO FEE
GEORCE E. FOWLES
RECORn,-p
cu
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voK 9239 i 164 �j
LXH I B I T 11 BODK 9230 i,nE 142
LAND CONSERVATION CONTRACT
COMPATIBLE USES
=M -W .,
r,
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 vegetai,le 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.
S.
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
3
of the
land for the residence of the lessee of the land and the
family
of the lessee,
K
Owner
or lessee shall be construed to include:
(a)
stockholders in family corporations
=M -W .,
r,
IM
aco� 9239 ,-vE 105
e00K 9230 ,a 143
(b) beneficiaries of family trusts and estates
(c) owners of undivided partial interests in the fee
(d) joint tenants
7. wellings for persons employed by owner or lessee i
Dn
the a�,iI_al =r31 use of the land.
g. Temporary farm labor camps incidental and necessary to
the gathering of the crops grown on the land.
9. The construction and maintenance °fstand
xtheshelter
land.
for the sale of agricul w ral commodities producedon
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, co�iscruction, alteration or maintenance
of radio, television or microj�avc 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 rifles 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.
1g. Oil and gas well drilling, including the installation
and
and facilities as are
use of such equipment, st
1 as drilling and producing
necessary or convenient for oil and g
dental to usual oil
operations customarily required or inci
:f
a�oK166
SINT-30 r'i_rI44
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.
_71
Boor 9239 iA GE 167
Boor 9230 j"rE
145
BEGINNING at a point in the Northerly line of the 10.466 acre parcel
of land conveyed to Otis F. Forge, by Deed recorded January 3, 1929
in nook 440, Page 265 Of Official Records, at the Northwesterly corner
or the 1.155 acre parcel of land described in the Final Order of Con-
demnation, recorded July 31, 1963 in Book 6128, Page 291 Of Official
Records, thence from said point beginning and along the Westerly and
Northwesterly lines of said 1.155 acre parcel, the follo,.;ing courses
and distances: South 1*04'48" 1 -.?est, 52.88 feet; South 17*56'18" West
142.30 feet; thence along a tangent curve to the right with a radius
of 50 feet through an angle of 58*50'36", an arc length of 51.35 feet,
thence South 74*10'37" 1-!eot 409.39 feet; and South 86'08'48" West 54.80
feet to the Westerly corner thereof; being also the Easterly corner of
the 0.249 acre parcel of land conveyed to Otis F. Forge, by Deed recorded
November 4, 1965 in Book 7167, Page 202 of Official Records, thence along
the Southeasterly line of said 0.249 acre parcel South 86*0814811 West
39.80 feet, and South 88*49'06" West 701.86 feet to the SOuth',,csterly
corner thereof; thence along the Westerly line of said 0.249 acre parcel,
North 1*02'53" East, 27.49 feet to the Northwesterly corner thereof,
being also the Southwesterly corner of the 10.466 ricre parcel above
referred to, thence along the Westerly line of said parcel North o,04,
East, 344.19 feet to the Northwesterly corner thereof, thence along the
Northerly line of said 10,466 acre parcel, North 89'47' East, 1264.62
feet to the point of beginning and being a portion of the Southwest 1/4
of Section 12, Township 7 South, Range 2 West, M.D.B. & M.
Except,InS; therefrom, that certain 2.006 acre parcel shourn on Record of
Survey Map recorded in Book 152 of Maps, Page 10, Santa Clara County
Records,
County Assessor's Parcel 4326-10-18,
Otis F. Forge
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L^Dl/rYTy ASSES.So,2S 6G ^ ;' .32G PAGE /O a
Pircel Number 326-10-18 II
A'
STATF OF CALIFORNIA 1
COUNTY OF SANTA CLARA)
!4K •lkMs..w. w � '• .
ss.
BOOK 9230 i,,,, 14 7
On this 23rd day of _ Feb, before me,
the undersigned, a Notary u� is in an or tie State of _
California with principal office in the County of Santa Clara,
residing therein, duly commissioned and sworn, personally
appeared Gary G. Stokes and Wm. E. Ryder
known t n me tc Le tic Mayor and City" Clerk o City __2f Cupertino
trjT corporation that
executed the within instrument, an nown to me to be the
person who executed the within instrument on behalf of the
corporation therein naked, and acknowledged to me that such
corporation executed the same pursuant to its By -Laws or a
resolution of the iivard 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.
.�. '.I\I. SEAL
:} iirEAli;H 1. FITLGERALD
•;,J 7 �L, \ G:: hIIy
„ Lrva ry '11 is in n 1 e
State of California.
I00[.1 �n tinl.e v .u -V-1—' Nd.. cupe't-,. ., 95014
STATE OF CALIFORNTA )
ss.
COUNTY OF SANTA CLARA)
On this /Q2y day of �ecrillflPr /97d , before me,
the undersigns a Notary Pu is in anor the .State of
California with principal office in the County of Santa
Clara, residing therein, duly commissioned and sworn,
persons 7 ly appeared__ FGP-e
„
to me
andnown
to Fie t.e persons escri e >n, w ose names are subscribed
acknowledged
to and who executed the within instrument, and
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.
: `'11.I v r G. 1'.1c"C otary u >.c in an or t e
Santa Cars C.:, % c, <<:z�rca;,{�[„h State of California
a Calif. 1911
w .yJ
.yam - 4 � �_� `� .+ .>•
.Le9h7/JC .• Y 1 Y'1 '.+!,4 '�'- "i :-1$•xgFk^.5-:....
f
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ecox 9239 WE 17
boor T30 i,%f,143
+ RESOLUTION NO. 3018
CTTYA RI!SOLIITION OF THr CITY COLJNCII, OF THE
THIN T1 CCITYTO
'S PARCEL NlliilSl{R 326-10-018
liS'1AISLISHING AN AGIIICU TUit l PRf.S1?RVG Wil'i11N Tlll: CITY 0
CUPFR'rINO, A`;SGSSOR P
W114:RF,Ag, the Cupotr0110 City (:O"ucil leis by Resolution
rrestabl]ishmenC
tor iniLialing, filing, and pros rs';ing requests
of ngrirultnr:l p
resc�rvcs; and
is WNE1;rA;; Otis F. I"Orp,c•, own
eT of Asseso-'cn-il Parcel. Number 326-10-0]8,
h:ea made written nppl(ral[un to the City Couu`'fvconurhuantttoothe 111California
for tS,c eslnbli shmcnL of :n, agrlcul lural p
land ConsorvaLion Act of 1965; and application'
b111iR1?AS, the Cit:. Council has held a Public hearing on this
which hearing was duly noticed as required by law; and
Will:PV.AS, the Planning DeparU1c-nt Of thO City of on this
has submitted
its report, putting forth a favorable rccouunendnclota On this request: and
ace and Lhe reservaLion in agricultural production c
of
WHEREAS, this Council finds that. agricultural lands
have a defi.n�t�
public value as Open p Physical, social, aesthetic and economic
suci, lands c.onstitutcs 711�lrmpurbnnlor metropolitan development.
,i asset to existing or 1 g reserves of less than
tural p
WHrRL'AS, this CO1.,ncll finds th:ct agricul
nuc to tbu uniyuu cbaracterisLicys oT�-
❑-,e Iundred (100) arras arc necessary
;tablishment of p
acres is consistent with the General
the agricultural enterprises in Lhe ,tt:a, and that
L e
serves f less than one hundred (100)
Plan of the City.
eat the Ci ty Council of the Cit}' of
ll0l', THGRGFORl:, BF.op rt Rdosig:ll ed t+stablished
Cupertino that 018,
the properly designated as Assessor's Parcel Number 326-10-
Cuperbeing owned by Otis F. Forge, and containing 7.38 acres, i.s hereby
as an agricultural preserve.
AF. IT FURTHER RESOI,\T.D, that eCity Council finds the following uses
f. compatible with the agricultural preserve
processing of an agricultural
1• The drying, packing or other 1 roduced but not
commodity usually performed on tice premises where itis por plants for the
!?
�-,., including slaui;hCer houses, fertilizer yards, u�nc y.
a
reduction Of animal or vegetable matter.
1 2, Structures necessary and incidene.al to the agriculr.ura use Of
the• land.
agricultural use.
3, The holding of nonproducing land for future
The maintenance of land in its natural state for Lhe purpose
4. plant or animal preserves• t
of preserving open space for recreation or p
"0JEWEL
.
4
M
Lrigy'.
A
171
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 Me
land fur the residence of the Ic:;sc:c 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
( :) Joint t� -,ants
6. Dwellings for persons employed by owner or lessee in the agricul-
tural use of the land.
J. The erccrioii, construction, alteration or maintenance of gas,
electric, wntpr or communication tl.tiliL%' Facilities, in compliance with the
L;-dofgiounJ Utility Ordinance No. 331.
BE I' ' r :URI'i?',R RESOLVED, that the Acive listed compatible 'se -s will be the
only u.ie,; per-.Attf.-.,J within said Ligric,il(oral preserve, except that the City
council iti-iy, upon written requl>r 0 , o.-ners, successors or assigns of the
property, or upon its own Ti -Linn, consiJer n,neiidments to the 'List of compatible
use,-,.
BE IT FU.R'11iC*.R 1) thar
'ith
RM
to execute a Land
Coils'e ry C 11 CC-zltr ':L
OLIs
11'. Forge, his successurs
or assigns.
at a regular1,eetin&
City of the
Couti-_iL of the City of
ctipe t- r i tjo on, the
day of
AIL_
following vote:
'0 ','rl.
A
171
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 Me
land fur the residence of the Ic:;sc:c 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
( :) Joint t� -,ants
6. Dwellings for persons employed by owner or lessee in the agricul-
tural use of the land.
J. The erccrioii, construction, alteration or maintenance of gas,
electric, wntpr or communication tl.tiliL%' Facilities, in compliance with the
L;-dofgiounJ Utility Ordinance No. 331.
BE I' ' r :URI'i?',R RESOLVED, that the Acive listed compatible 'se -s will be the
only u.ie,; per-.Attf.-.,J within said Ligric,il(oral preserve, except that the City
council iti-iy, upon written requl>r 0 , o.-ners, successors or assigns of the
property, or upon its own Ti -Linn, consiJer n,neiidments to the 'List of compatible
use,-,.
Tr'r
, 5 A T;i
r, -p.
OF THE
ORiGINAL ,," "0 CuI
0RECTCO.,
FILE IN TH,S IFFICE:
AT -TEST
CITY CLERK OF 19---.7
EXITY
F CUPERTINO
Q.
A-
bi CLERK
-2-
'J'PROVED:
/s/ Lacy G. Stokes
7:
yor, City of Cupertino
BE IT FU.R'11iC*.R 1) thar
'ith
th-t- ' is authoritc.d
to execute a Land
Coils'e ry C 11 CC-zltr ':L
OLIs
11'. Forge, his successurs
or assigns.
at a regular1,eetin&
City of the
Couti-_iL of the City of
ctipe t- r i tjo on, the
day of
1.971, by th,-
following vote:
'0 ','rl.
Tr'r
, 5 A T;i
r, -p.
OF THE
ORiGINAL ,," "0 CuI
0RECTCO.,
FILE IN TH,S IFFICE:
AT -TEST
CITY CLERK OF 19---.7
EXITY
F CUPERTINO
Q.
A-
bi CLERK
-2-
'J'PROVED:
/s/ Lacy G. Stokes
7:
yor, City of Cupertino