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HomeMy WebLinkAboutLease Extension - Dorothy Varian - 1967 Dorn Varian Pu Ckq of Cwperdtw IU300 Torre Avenue Cupertino, California 95014 Telephone (408)252-4505 DEPARTMENT OF ADNI1Nl.1kAT'VE SERVICES February 221. 1977 DoroLII) Varian 1011.4 Cr escc•nt Roiid Cupertino, California 930.14 ia-SOLUTION '.0. .+338 As you requcstud i(7 %(,Llr jr Ll'r of Febri3,lr,; 10 , L977 , t,(- �irc- Unclusing a copy; of Res ) 1 ution No. 3 wil Lch adopt.= rin A111 cil iaient L o tile land us'L e1 e„«:It of the Gen_r—a 1 DEYt"i1` C11 : (J.i.RK r;t t{ _ A i. 1_: r: irrf'.acent r: aU Hiss Ellen 1laanin i ut y y e r K ity Qf Cup tiny 1030 j Torre Avenu: Cupertino, La Lear f1S.s3 fuyn 1- : . ThanK y,.,., for • hf c st f s�_ r'% _: . r:ivir ar ex l-,iI .(e 1 (l. `r i _ of Lupe-etinoo ..ru -js., t ,. -m- `ieci'/ffor aJi. 19Ib i h -.. ..? ..u� _ mac , �. ._ .. _ .. - . r,t •� _. '=u �. _ t_.;� L_ c:h LJC l — _�L: L C. is i . U 1 J.__.. . .. —�( RESOLUTION NO. 4338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING AN TO THE CORE, nwrLLYNG, AND STEVENS CREEK FLOOD PLAIN LAND USE ELEKENT OF THE GENERAL PLAN awc---__ G SPECIFIC PROPERTIHS AND GROUPS OF PRDPEMES LABELED AREAS` 1, 3, AND 7 WRVYYA.e, the C_•.ty Council as a part of the comprehensive General Plan stud s reviewed the recommendations of the Planning Commission and has held hearings involving citizens and hours of discussion, and Wa.^.. *AS, the City Council has concluded its deliberation relative to the land areas described as "Areas 1, 3, and 7" of the community. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council hereby adopts an amendment to the Core, Inf illing and Stevens Creek Flood Plain Land Use Element of the General Plan concerning the aforementioned areas as set forth in Exhibit A-1 and A-2. 2. That the City Council hereby authorizes the Mayor to endorse said adoption as provided for on Exhibit A-2. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of December, 1976,. by the following vote: Vote Members of the City Council AYES: Frolich, Jackson, Nellis, O'Keefe, -Meyers NOES: None ABSENT: None ABSTAIN: None APPROVED: is/ Robert W. Meyers Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk f0 OF CUPERTINO GENERAL PLAN PR& DESCRIPTION OF POLICY CONCERNING AMENDHENTS TO THE CORE, INFILLING, AND STEVENS CREEK FLOOD PLAIN LAND USE ELEMENTS TO THE GENERAL PLAN t EEHIBIT A-1 This exhibit accompanies the Genera' Plan Land Use daps labeled A-2, pages 1-3, which is the approved General Plat, map describing land use classifica- tions and land use intensities for specific properties and groups of properties. This exhibit contains written policy which augment the land use type and intensities for Areas 1, 3, and 7 described in Exhibit A-2, pages 1-3. The general and specific policies contained within the Core, Infilling and Stevens Creek Flood Plain Land Use Elements shall remain in force unless there is a conflict with the policy contained in this document in which case this document shall take precedence. Written Policy for Each Sub-area 1, 3, and 7 Area 1 - 18 acres bounded by Foothill Blvd. , Santa Lucia and Al.calde Rd. to be designated residential land use with 0 to 4.4 anc: 4.4 to 7.7 dwelling units per gross acre; existing commercial site of 1.3 acres still to remain as general commercial land use designation. Existing legally constructed duplexes may remain in a legal con- forming status which would ent-sil the prezoning of said parcels to a duplex zoning district. The remaining developed and undeveloped properties within tfe 0 to 4.4 density range shall be developed within the constraints of said land use intensity range. Area 3 - The property adjacent to Deep Cliff Golf Course bordering on McClellan Rd. to be designated residential land use with a density range if 0 to 4.4 dwelling units per acre, with the underlying permitted use of: Agricultural/Recreational. The residential land use intensity and development pattern to reflect the natural character of the Stevens Creek environ- ment and adjacent residential neighborhood. Area 7 - Property is located northerly of Stevens Creek Blvd. and westerly of Stevens Creek,, contiguous to Varian Park, to be designated Public Park with the underlying use to be residential 0 to 4.4 dwelling units per gross acre. 6 I - � 1 a h�i �-s • b 1 � � �, "�l fr,�tl°`� ���� �'. '�"�`x.,� � � �qn ._ � _. �ea .y .�,, i .� . ZV V 1 z ' -a j f k y f r y; • w'r ' L w: Ldow GENERAL PLAN AWNMG� NT AMA , 4.4 wa • - I f fir. fl. v M1 � 4 ky �j • P � �• .+ is OC. JI 1 .J i f g�by ibso%ft+ eS% al is fft'ptanning Coe m4sion of the eater of Cuowtiao. • a LT .o. s ,VwOr d ; dada _ r33 '. GENERAL PLAN AwEn%"SENT =� of n+e Giy m AJREA BiT• 4i� A ¢j[r . r i wn "F s , ,.3 r s.t � n ' �� " .. .. ,. ,,.. S...N�;;,. .� 'k+'{ v ,�\ t "'+y� .,� .=a:•�,�"��n se :;IV- s , s • r ,Y . ti P• � ��' -,w t �?a,.�Vf{f3.v NJl e i '�'- P ii� '� i� , �,- y �7 4� 4T, Qi .d,. {4q� •'�.yM �- ' Nr, r,.+l, P:a �� _ ti ,fr4 .,"'�S'�Ta�, 1 �. � �� � a 4 �,t '+6r't'� ,nag". �- a - \•��Y "sy;,�• � a vfK P / ' �":„r `,�, � ..}��,.>a•.�-s'��'""�"Y 1a •�p�t1' � �r �, 4�:` \�'!f l.d`�lYf��f ,�, _ y�`� � t.J •..� y.� �i !j\I A c.��� f. !��y�(�`f\(\�1� _ y .•�,,.,•Fr f+"'.. 1. �" �k'� j°`..F �,`�"�"�''•' Y� ,i! a t•6r> ^ ;h�. ,, s .�`j ` „�'y,�,,,.,'�„y� �`��. ti�`'aS•�' s�'^` 1 i +"rro'„^��^ .:•�v�.� t.,�s.. y,�a�� x�;. J ��' SIC � ��e�..-'..1 6.\\_s Y, �F�,y'��mdYi�` 1�,�ryry„„ '���•�� e�,_. e,"I�R,�, i`it, *4 w�"""#� �� �C. M J �ay.,n <:%/ � „'c�\i -�4�,.r!• � 1 ° � t`';� ! — r _ ,YSK .fir �i. •d y �I '�, r-al a t � d 7 y , fit P 9 ,r Y . '.. �• ,' .` be :'�r � � q+ • w. t •. • 1 is , f a , '-� k�¢,��,'` }#4R '�� �V��@ `� �l y . •-++.„'.` - +\: r tr '.�r4i-^` J�1 p J t"C t y ". lyS $. J�"`ai�"•a���''�: a.. y �'' ti' aft • , ° 74469 r ' _ r C FUTURE :'STEVFAS - s CREEK MUM ont :�4;V,? Cj r 3 3877 I x r _ P A9:ro.ed by Reso-u•-or ,r- 4? Orc sthe Planning Commission of 'he k R City of -uperhna. 56 7 :c:Iquer 25, 1976 c•c,r J .ldan.s, Chairman - 1 9 5 4--7 ApgoveA by Rescfution 4336 CITY Of CLO)CRTINO • the ,ty Council a the City o' GENERAL PLAN AWNDNAENIT Cupertino AREA 7 December 6, 1976 � c+��a ® 1 UD�v 1/1►�1'��/�� i 1 Robert W, Meyers, Mayor • E-_JCF I BIT A-Z, i r p l r 1 � L} J . 1}f K Jy 1j, ~�?•l l(� fy!'f J,t •j. • RE4.4 • o r �a jrr y� :�s F•drr, {r�,r.rrr. .ti e^•�h "'?"•r:f r d x 1,sr,r"r,*., �ti, rr}rgrrd r/ r r;r{ S, R r r^k. d rLt ti*..rr f l �.'li h S {� r:` d1 r T' ;< "'�l Pt'h•s �.�� .!t s4,,.�r s r rr rr �}ti.tiV x•GS„r,{{ � r�_r: `ti rxs r u�s� .. r•:rrfr rrr,t /.{��� r•}!.'rr�f �. {fvXjr h n s4}y�''''..'r''X' tirrry�}�S{r hs�::�-•,l�,r. '$''tss,`r1};i�4/edrAf�r •' Y Y.♦ �rr. �x �� r. r :/{r' 3i.. �r 5,fir{J*${1{ !'//�r .� r}v r}X }>}} rr J r}= r�•' k' rr r t•. �i " ' _ tiK r} �fr�Nhlr4. :r.sr } ,r<'-`•�'i' s,�k'Y"hrr'-•��; '�'�s�:� ��.: `Rf�r �4,��r.2 h:. is }sr{rrld•�J'}r rr,,,}� .dP/%. �s`s Yr rrY� _ {5..��X r dr d°•Yl�r' r � �.. r � �. j. r r rr xti kxrti n}t^r { �frr. :4 ti?�. ss 1,,•,fffr'�r�`'r�.r �. 4 ; { 2i. AREA 1 r: 4` \" w . ....a .. i s ,. _ .. 1 C• I .. �<<.\. r , tom.. 0 LEASE EXTENSION to January 31, 1987 MIS EXTENSION OF LEASE, executed in duplicate at Cuper- tino, California, this 31at day of January , igZ' , between the CITY OF CUPERTINO, a municipal corporation, hereinafter called "Lessor", owner of the hereinafter described property, and DOROTHY VARIAN, hereinafter called "Lessee". IT IS HERESY AGREED between the parties hereto as follows : 1. Original Lease On January 16 , 1967 , the parties entered into a lease of certain property owned by Lessor on the terms and conditions set forth therein, a true copy being attached hereto and by reference made a part hereof. 2 . Exercise of Option to Extend the Term In compliance with §4 of the lease , Lessee hereby gives written notice from Lessee to Lessor of Lessee 's election to exercise the option to extend the terms of the lease for a period of ten (10) years from the date of termination of the lease , namely, an extension to the 31st day of January, 1987 . 3 . Due Service of Notice of Exercise Lessor acknowledges service of the notice thirty (30) days prior to the expiration of the lease . 4. Extension of Term of the Lease Lessor and Lessee therefore mutually extend the term;. of the lease for an additional period of ten (10) years frog and after January 31 , 1977 , so that the tere. of the lease shall extend to and including January 31 , 1987 , subject to the same terms and conditions governing the original lease , and at t-he same rental rate per month. MMI- 1 - ■ e r IN WITNESS WHEResOF, Lessor has executed this Lease Extension on the date set forth in the beginning, Lessee having executed it at the earlier date set forth below her signature . CITY OF CUPERT? a municipal corporation, L�. or B ✓� `T`�t l�-� X '�„ Y Mayor ATTEST : ly Clerk. APPROVED AS iJ FORM: City Attorney Dorothy Varian, Lessee Executed _ - Ir , 1976 2 - RESOLUTION NO. 4372 e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF LEASE EXTENSION WITH DOROTHY VARIAN FOR A PORTION OF VARIAN PARK WHEREAS, there has been presented to the City Council a lease extension between the City of Cupertino and Dorothy Varian for the lease of a portion of Varian Park for the purpose of obtaining water from Stevens Creek; and WHEREAS, the terms and condtti.ons of the lease extension have been approved by the City Manager and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the lease extension herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 31st day of January 1977, by the following vote: Vote Members of the City Council AYES: Jackson , Nellis , O'Keefe, Meyers NOES: None ABSENT: Frolich ABSTAIN: None APPROVED: J , Mayor, City of Cupertino ATTEST: City Cle February 1, 1977 Mrs. Dorothy Variar. U114 Crescent road Cupertino, California ;ril RLSOLi'TZUze NO. 437 We are enclosing; one copy each of kesol.utio:� 2=0. 6372, ''A Resolution of the City Council of the City of Cupertino L�.ecutlon of Lease ,xtcnsion with Dorothy Variau for a Portion or Varian 2 uri ' _im; chi :.ea_,e Lxtunaioa, which were both exccutcd ou January -)1, ls;i. ELLEN PAiGNINI IbUPUTY CITY CLERIC ry . . encla. Cfta of Cwpenfm Office of the Cky Attorney 900 Community Bank Buildng 111 West St. John Street San lose,California 95113 y (408) 292-7220 December 17, 1976 Mr. Robert W. Quinlan City Manager City of Cupertino 10300 Torre Avenue Cupertino, California 95014 RE: Lease Extension - Dorothy Varian Dear Bob: In accordance with your memorandum to me, dated December 3, 1976 , with respect to the above matter, I have reviewed the con- tents thereof , as well as the basic Lease and the Lease .Extension. Paragraph 9 of the Lease provides as follows : "That Lessee shall assume all risks for damac:es , costs and maintenance of the leased nrooerty and by virtue of these presence hold Lessor harmless from any and all liability, costs or damages of any nature whatsoever relating to or arising out of this lease or the oronerty therein described . " In my opinion, the foregoing paragraph of the Lease not only exposes Dorothy Varian to such liabilities as she may have by virtue of being the lessee, but also exposes her to indemnify the City against any liability which the City .might have as the owner of the property, which could include the maintenance of a dangerous and dlef_ective condition of public property. If, in fact , a dangerous condition exists , appropriate action should be taken to alleviate the dangerous condition. In accordance with your request, I am also returning the basic Lease and Lease Extension, which you forwarded to me. If you have any further auestions, please let me know. Sin ely yours, DAVID H. ADAMS DHA:di City Attorney Enclosures (2) TOM F. L B A S E � THIS LEASE, executed in duplicate at Cupertino, California, t this 16th day of January, 1967, between the CITY OF CUPERTINO, � a municipal corporation, hereinafter called "Lessor", owner of the hereinafter described property, and DOROTHY VARIAN, hereinafter called "Lessee" . IT IS HEREBY AGREED between the parties hereto as follows : 1. That Lessor leases to Lessee, and Lessee hires from Lessor, on the terms and conditions hereinafter set forth, the real property situate in the City of Cupertino, County cf Santa Clara, State of Ca-_ifcrr,ia, more particularly described Exhibit "A" and as shown on map entitled Exhibit "'", which exhlb-ts an_ attached hereto and made part hereof. ?. That the term this _ease shall be for a -cer-od of 1C) years commencing or. the 1st day of February, �;� and _ r:ninating or the 31st r!a4 of January, �. That Lessee sha11 pay as rental fcr said real property sum of `DrENTTY-FIVE AND DO' LARS per month, sr a total_ f THREE THOUSAND AND NOl1 3, .OG) DOLLARS for the ten_ year period. L. That Lessee sha"« have the cam'*cn tc, extend the terms f -his lease for a per-od cf ten _ ) years from d,:xte of tee_:.-nation cf this lease, subject tc the same terms and condi- tions govern-rig the or:ig-nal hereof' an,., at the same rental rate ;•e_- month, upon receipt of written nct: ce from Lessee tc Lessor cf Lessee ' s election to exercise said option; that said notice sha;.= be served upon Lessor thirty ( ',' days prior to the expir- at , r_ of this lease . J. That Lesset- sha-; have the use of the creek frontage and the use of the existing pump house and transmission pump main for the purpose of pumping water onto her p-opar ty -. �. . gwi 6 adjacent thereto, subject to Lessee's obtaining permission from Spaso je M. Chuk and Donna Chuk, his wire, as may be necessary to t-, ansport water across their lands or any ease- ments owned by them or for the use of any facilities owned by them, all of which shall be the obligation of Lessee at no cost or obligation whatso® ar to Lessor. 6. That Lessee shall remove no growing plants or trees more than two feet in height, other than poison oak or weeds, without the written consent of Lessor; that Lessee may, how- ever, do reasonable leveling as a part of maintenance in her discretion; that no structure shall be permitted without written consent of Lessor. 7. That. Lessee hereby grants permission to Lessor the non-exclusive use of an existing driveway across and upon the real property of Lessee for ingress and egress to the creek bottom of Stevens Creek; that Lessor she'-!, through. its employees, have the right to cross the above described property for any municipal purpose relating to the creek or creek bottom which rights shall also run to the Santa Clara County Flood Control District, it being understood that this lease shall in no way impair the rights or duties of either Lessor or the Flood Control District , or water rights of the Santa Clara County Water Conservation District . G. That Lessee shall, subject to the foregoing and sub- ject to reservations made a part of the Grant Deed between Spasoje M. Chuk and Donna, Chuk, his wife, grantors , and the City of Cupertino, grantee, recorded in Book 73�6 at pages 146, 147, 148, 149, 150 and ljl on April 22, 1966, Recorder' s Serial No. 3046891, have the sole use of said property with the right to deny trespassing or entering upon said property by any persons other than those mentioned herein. 9. That Lessee shall assume all risks for damages, costs and maintenance of the leased property and by virtue of these presence hold Lessor harmless from any and all liability, costs x - 2 - r, W.A x�,- \. -7 or damages of any nature whatsoever relating to or arising out of this lease or the property therein described. 10. That this lease and option -shall not run to the heirs and assigns of Lessee but shall remain personal to Lessee. IN WITNESS WHEREOF, Lessor and Lessee have executed this lease on the day and year first above written. CITY OF CUPERTINO, a municipal corporation, Lessor By Mayor ATTEST: i City Jerk APP,ROVED AS TO FORM: Attorney Dorothy Varian, Lessee 3 - ... .. .. . . .. .. e.. ,. ..a.... :. ..w.- ...w. 4.. ' 0 All that certain real property, situate in the City of Cupertino, County of Santa Clara, State of Ca nfornia, more particularly described as followss Gannacing at that Aron pipe set eight inches belt, the surface of the ground and designated as CC4" in the description of lane! conveyed by the Amass Eaton Company to Spasoje K. Chuk, petal. by Deed dated August 17, 1940, and recorded in Volume 993 of Offlc:,al Records at Page 592, in the Office of the County Recorder of Santa Clara County, California; thence along the southorly knee of that certain parcel of land as described in Rook T356 of Official County Records at Page 146, Santa Clare County Records, S. 430 37' 03" B. 535.98 feet to the TRUE POINT OF ESGIN- , said point being also the most northerly cornier of that certain parcel conveyed by Perry Shields, Sr., et.al. to Dorothy Varian by Deed* JulY 1, 1962, and recorded in Book 5632 at Page 641, Santa Clara County Records; thence continuing S. 430 370 03" E. 328.22 feet to a point in the centerline of Stevens Creek; thence along the eentesrlinee of Stevens Creek, said line also being the easterly line of that aforr-ewntioned pajocel of land recorded in Book 7356 at Page 146, Santa Clara County Records, N. 50 141 42" E. 84.$1 feet; thence N. 270 24, 50" W. 274.40 feet to the intersection of said easterly line with the northeasterly prolongation of the northwesterly line of the aforesaid parcel of land recorded in Book 5632 at Page 643, Santa Clara County Records; thence along said prolongation S. 500 Ol ' 07" W. 140.73 feet to the TRUE POINT OF BROINNINQ. Containing 3.673 aacress, more or less. t i E MIBIT „A" a S ®Mods See" _ J57.5 s � a u ti .t�j 6.4✓,4 C h dross ti LOCATlUN M,4 ° 5,17 VJs®o• os �r S-1.7 O E o 001 oos o, o 9t �/ i� •� ��M Y.R. g� 5 O 7/? , ' - r !1 B�ot�nq'on Pc'l/ -1a; 42P�dJ � ry `pJ CJ 5'?7 24 so� 4 ?AC. 0 ,0 �. `h If'r, r1-i�i�tss a ` i A O 5✓/I�'►v 84.81 EMIBIT "B"