HomeMy WebLinkAboutAgricultural Preserves - Forge - 1970 )xxjric'ul b7lral. Preserves - Forge
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City of Cupertino
P11�?'It?FA1tB`v^9
December 30, 1970
TO: .Tames H. Sisk, Director of Planning•
M- ''I: Vb. E. ryecr, Actin:! City 'Manager
SULU CT: applications to Establish Agricultural Preserves
provisions of Resolution No. 2091 est?bj.i ifii!i[' Dr��-
�: ... f�ii ne and pro,:essin" rcrt`c'r:ts tr,
Ct:.�C4:2s izi!scrveC; two op,,)licatior's for suc l 3 conl:raCt.
%!c. s. Is from Otis P. aind "'_'rir.l ... r•^T,'f. fcr
Parcel _121- 4" 1 72 -c _s J oc%t :!
of
A�j;i,licatinli -. ). 2 .s fro- 'Jt'is F. ter;^ for -cei No.
3 2f) .f,,_r11 C^^ f {lr of J .3 . a :ren i r.c t:.: Cd uc ;C
L T`iicC! a: .. 1'1^_ii; ;l"J
A public hoarin7z eii rti2se ha:i !,:e • sr'ledul,f- for t!'.e r:
C;,tt _cil „feetiac; Of 1.'eoruciry 1 . t'"1. 71:41 ztl . . -_r..t t'!,r_ t:=.i-. .- (!av i,t-
terim terio:: for ,ou to nt;brtl. a re^ort t :crcor. t t`:l• ''lt;
CC: Gladys McHugh
Deputy City Clerk
F
City of cupertisto
December 30, 1970
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TO: James H. Sisk, Director of .Planning
FROM: Wm. E. Ryder, Acting City ?-Umager
S' 3JECT: Applications to Establish Agricultural Preserves
jrs�.a.,t to thiz provisions of Resolution No. 2091 establishing pro-
for is-L:itiatia?" filing and processing rec+uests to establish agri-
cultural preserves T am forwarding two applications for such a contract.
lt,pplication :Ic. 1 is from Otis F. and Muriel. `!. '''nrrc for P.9seaeor'r.
Parcel No. 321-41.- 72 cor.si.stin^ of 01 .26 acres incat.ed -north Qic+c of Fore-
r
stcad Road, 60,0 feet west of Saratoga-`iunnytale
Application :lo. 2 is froz: "Jtis F. Porte for Assessor's °%•-reel 'Io.
326-10-019 consisting of 7.388E acres located o,este site of. Sarntoga-Sunnyvale
noad Yomestead !load an6 Vigh-vav
A public hearing on these applications has beer. schedule-; for the City
Council meeting of February 1, 1971. This w11:1 rerrlt the this.tV.-elav in-
terim period for you to 3vbr1t a renort thereon to tie Cit;• cif .
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C!: Gladys Mc:lugh
Deputy City Clerk
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January 4, 1971
Mrs. Anne Dalton
Cupertino Courier
P. Cr, Lox 657
Cupertino, California 95014
Dear 'rs. Talton:
T'e are enclosing a Notice of Public Hearin, o be
„ publisLed January 13, 1971, irk uri:er.
Our Purchase Order +001 T:hi _a is er:closc6, author-
izes -i'ui)lication (-•f t:lis n.tice a ; ' to cover all le?al
pul)lications through June 1
sii:Cer.cl},
CITY OF CUPLR7I'ti0
Gladys "chulf h
Deputy City +leric
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PROOF OF PUBLICATION � 'leis qam is for the Comae Clerk's Mug Sa M
- (NUJ C.C.P.)
SrAPE OF CALMORNIA,
County of Samla Clara
Proof of Publication of
I am a citizen of the United Slates and a rebident of (t ��-
4� ,
the County aforesaid: I am over the age of eighteen years,
......... .
and not a party to or interested in the above entitled
matter. I am the principal clerk of the printer of the u.AS
CUPERTINO. MONTA VISTA COURIER
a .._.....
20314 Stevens Creek Blvd., Cupertino, California,
for
a newspaper of general circulation, printed -nd published a Cft of
*ViarSam
weekly in the City of Cupertino. California County of `
Santa Clara, and which newspaper has been Ajudged ., '
laft am
a newspaper of general circulation by the Sa,;Rrio► Court ... F.
of the County of Santa Clara, State of Califoria, that the ede of
4
notice, of which the annexed is a print*,j cope iset in tyl.e tof
t:
2.
not smaller than nonpareil), has been published in each for, Oft F.
am" ia
regular and entire issue of said newspaper and not in XM acm jace w
Sar
any supplement thereof on the following dates, to wit: d9rvate
W*fty slow am
AB 0 �►be h"rf
commencing on the Jnnu% ry 13,1"a?l _ � RVGW
i C"W Ckft
Cirf of cuo"Imo
and ending on the v ci n u 8 ry 13 e 19 71 P gym•:im. 13D
all in the year 19 `l.l
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Cu-ertlno' C�11f^ �11
California, this 13 day of 3'j n u a ry •,0 71
(Signature)
Cupertino-Monta Vista Courier
20314 Stevens: Creek Blvd.
Cupertino, California
PROOF OF PUBLICATION
y,
AOL-
SC,006.5
19--Z-7.0s
City of Cupertino
t MgMOI'ANDUM
January 29, 1971
TO: The Honorable Mayor and Members of the City council
FROM: ,dames H. Sisk, Planning Director J
SUBJECT: Planning Department Report regarding the
ESTABLISHMENT OF AGRICULTURAL PRESERVES
Otis F. and Muriel N. Forge (WILLIXiSON ACT)
As required by Section 5.1234 of the Williamson Act , this department
its report relative to the establishment of the subject as�ricuTrural
Inasmuch as the two parcels involved are not corti guo,is it. hecomeq
they be considered for the establishment of two (2) separate pre- c•rv-- .
in view of the proximity of one to another, i t is felt filch the -
ment report can be written or. a joint basis.
The two (2) agricultural preserves be.i.ng reauasted are dt,,,rr i f:0
(1) ASSESSOR'S PARCEL NO. 321-41-72
O KS: Otis F. and ?Iuriel N. Forge
AREA: 9.26 acres
LOCATION: Northerly of and idjacent to Homestead Road and
approx. 600 feet westerly of Saratoga-Sunnyvale R, .
ZONING: A-215 (Agricultural) pending.
(2) ASSESSOR'S PARCEL NO. 326-10-018
OWNER: Otis F. Forge
AREA: 7.38 acres ZONING: A-215 (Agricultural) pending.
LOCATION: Northerly of and adjacent to Juni.pero Serra Free-way
and approx. 360 feet westerly of Saratoga--Sunnyvale Rd.
The Williamson Act provides that the report of the Planning Department shall
include a statement to the effect that the preserve is or is not consistent
with the adopted General Plan and that the City Council shall make a finding io
such effect. Therefore, upon review of the existing General Plan of the City
�1-
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f 'ikr 1.,�. � •'jgY4 Y'S � Vi F
' a # February 17, 1971 k
kw. 6 Mat. .. Otto F. Forge
20691 How ateal Road
Cupertino, Calif arnia
Dear Pic. b Mrs. Forge:
This will confirm the action taken by the City Council at
its asdeetiaia of. ,ebruar•y i6, 1971 on your two applications for
Land Conservation Contract for inclusion of land Into the City
of Cupertluo Agricultumal Preserve.
Mat applicctiot: pertaining to Aascssor'a Parcel No.
321.-41-72 was opprovQd &W RResolutiou No. 3017 was adopted.
That application pertaining to Assessor's Parcel No. 326-10-018
ws approved and Resolution No. 301E was adopted.
As soon as the I:ayor signs these contracts, it will be the
duty of this office to see that they are properly recorded in
tba County offices. When this is done, you will be so notified.
Very truly yours,
CITY OF CUPERTIN*
wm. E. Ryder
City Clerk
Pr
ccs Diarmctor of Planning
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95932
__- 137
HO VIE
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LAND CONSERVATION CONTRACT
3962092
a
This is an agreement between the City of Cupertino, California,
(hereinafter called "City") , and Otis P. Fox
9—e _
(hereinafter called "Owner") .
WHEREAS , Owner possesses certain real property located wit.hii.
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 hart hereof ; and
WHEREAS , the property is Located in an agricultural pr^serve
heretofore established by City ; and r
WHEREAS , both Owner and Cite desire to limit the use of th--
property to agricultural and compati? ". us-' .
WHEREAS , the parties hLve aeterl that try and 'cc
use for the property during the tern of this contract , or any re -
newal thereof, shall be for agricultural purpr�s�s .
NOW , THEREFORE, City and Owner a ree as fol lul,'S :
1 . CONTRACT SUBJECT TO CALIFORNIA LAND CO`:SERVAT.ION YJ OF 1965.
This contract is entered into pursuant to Chapter 7 (cor,,,menci-.
with Sections 51200) of Part 1 , Division 1 , Title 5 of the Govern -:t
Code , which is known as the California Land Conservation Act or
or as the Williwrrison :act . This contract is sia}aject to al! of the
provisions of this Act , including any amendments thereto which :na,.
., hereafter be enacted.
2 . RESTRICTION ON USE OF PROPERTY
During the term of this contract , and any and all renewals
71- 7P7
fl
t+�• +
s 83 c�%7 AMW
8^rtft r°+,E
m
r 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 cr
any renewal thereof, without the prior written consent of Owner,
remove any of the compatible uses for the subject property iahich a-
set forth in Exhibit LI . 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 pov.ers of Cit.- .
3. TERM OF CONTRACT
This contract shall become effective on the date of execut o-.
and shall remain in full force and effect for .an initial. term of
ten years . The initial term of ten years shall. be measurer: com-
mencing as of the first day of January next succeeding the date of
execution if the date of execution is between Burch ? 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
a day of January shall be deemed to be the annual. renewal date of
this contract. This contract shall be renewed on each succeeding
January 1 and one additional year shall be added automatically to
eocK 9239 Ala 10 8OM 9230
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 owner 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 nonrenc,..al 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 an-v payment from City in consideration
of the obligations imposed under this contract , it being recogniz _
and agreed that the consideration for the execution of this contra_1
is the substantial benefit to be derived therefrom , and the advant, .;e
that :nay accrue to Owner as a result of the effect upon the asses5z:a6
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 , indepenL`ent
-D *162 BOOK 9230 140
of any other owner of a portion of the divided property, any of
the rights of the owner in this contract, including the right to
give notice of nonrenewal and to petition for cancellation. The
effect of any such action by the owner of a parcel created by the
division of land described in Exhibit 1 shall not be imputed to
the owners of the remaining parcels and shall have no effect on
this contract as it applies to the remaining parcels of the
divided property.
7. CANCELLATION
This contract may be cancelled and a .cancellat ion fee imposed
pursuant to the provisions of the Land Conservation Act of 1965 .
8. NOT ICE.S
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 decried 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. 95014
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 21._ 1971
• EXHIBIT 11 800� ® i';1C 142
LAND CONSERVATION CONTRACT
COMPATIBLE USES
The following is a list of land uses determined to be com-
patible with the agricultural use of the lard 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 far the reduction of animal or vegetable matter.
2 . Structures necessary and incidental to the agricultural.
use of the land.
3. The holding of nonproducing Land for future agricultural
use .
4 . The holding of nonproducing mineral resource areas for
future use .
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 include :
(a) stockholders in family corporations
9239 PUE
• Del®S{ V
i i
..rr.. 3�y
(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.
g. 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 tha sake 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 .
19 . Oil and gas well drilling, including the installation
and use of such equipment , structure and facilities as are
necessary or convenient for oil and 4,as drilling and producing
operations customarily required or incidental to usual oil.
BOOK
92 ,l C BOOK
field practice, including the initial separation of oil , gas
A
and water and the storage, handling, recycling and transportation
of such oil , gas and water from the premises .
v O d
BOOK 39 1 63
` tl� r,?,1"►1;;,, Boor 9230 rAG1 142
ATTEST: ,.` �' r r .� CITY ERTIIdO
)42�F, o
CLE
APPROVED AS
n 3 '
MI Y AT ORNEY Owner
",.,395932S
^�C —3. 0 ', 13
FILE-0 FOh RECORD
T REQUEUOF
FEB L J" 02 p4 '71
OFFIL - ,RDS NIO
SANTA (;LAP;" COUNTY
GEOR(-','7 E FOWLES
G: m rill
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No FEE
• LAND COATS:R1lATiON CONTRACT
This is an agreement between the City of Cupertino, California,
(hereinafter called "City") , and OTIS Fv AND MURIEL N. EQRGF
(hereinafter called "Owner") .
WHEREAS , Owner possesses certain real property located c:i `hi_Ti
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 Dart her^of ; and
WHEREAS , the propeft , is located in an agricultural preserve
heretofore established by ity ; and
WHEREAS , both Owner and Cit.; desire to limit the use of the
pl'OpC I ty' to a 2'1� u1 t urai ai. ♦ Cviitpu 1 . e :._ , C
WHEREAS , the parties have determAned that the hioliest and: best
use for the property during the term of t} is contract , or any re-
newal thereof, shall. be for agricultural purposes .
NOW, THEREFORE , City and Owner agree as fcllo�.s :
1 . CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF
This contract is eitered into pursuant to Chapter 7, (com:encir.g
with Sections 51200) of Part 1 , Division 1 , Ti : fe 5 of the Govern-:enc
Code , *which is known as the California Land Conservation act of 1905 ,
or as the Williamson Act . This contract is subject to all of the
provisions of this Act , intluding any amendments thereto which ria,•
hereafter be enacted.
r•
2. RESTRICTION ON USE OF PROPERTY
During the term of this contract , and any and all renewals
7/.
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 ui all such. compatible uses is set forth in Exhibit II , attached
hereto and by this reference incorporated herein. City, by unifor�
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 terra of this contract or
any rene:eal thereof, without the prior written consent of Owner,
remove any of the compatible .uses for the subject property c.:hich are
set forth in Exhibit 1I . The provisions of t};is contract and any
uniform rule supplementing the List of compatible uses are not in-
tended to limit or supersec:,�v the planning and zoning powers of Ci .- .
3. TER-%I OF CONTRACT
ACT
This contract. shall be-ome effective on the date of exec.ut : -, -
and shall rema;.n in full force and effect for an it itial terra of
ten years . The initial. term of ten years shall be easured com-
mencing as of -the first day of January next succeeding the date or
execution if the date of execution is between March 2 and December
31 . The initial term of ten years shall be measured commencing a,
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 amival renewal date of
this contract . This contract shall be renewed on each succeeding
January 1 and one additional year shall be added automatically to
...........
F
4 WON 09 za-�
as� ec r9230 1113
the initial term unless notice of nonrenewal is given as pro-
vided in paragraph 4 .
NOTICE OF NORRENEWAL
(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 Owrier
at least 90 days prior to the renewal date , or by City at least 60
days prior to the renewal date , this contract shall be considered
renewed as provided in paragraph 3 above.
(b) If either party serves written notice of nonrenewal in
any year .within the time limits of (a) above, this contract s!;all.
remain in effect for the balance of the period remaining since the-
original execution or the last renewal of this contract , as the c _e
may be .
S. NO COMPI ::SATION
Owner shall not receive any payment from City in considerate :.-
of the obligations imposed under this contract , it being rocogniz - '
and agreed that the consideration for the execution or this contra ::
is the substantial benefit to be derived therefrom , and the adva:;'-a
that may accrue to Owner as a result of the effect upon the asses ed
value of the property on account of the restrictions on the use o
the property contained herein.
6. SUCCESSORS I\ 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
TA 06 800- w 9930 114
of any other owner of a portion of the divided property , any of
the rights of the owner in this contract, including the right to
give notice of nonrenewal and to petition for cancellation. The
effect of any such action by the owner of a parcel created by the
division of land described in Exhibit 1 shall not be imputed to
the owners of the remaining parcels and shall have no effect on
this contract as it applies to the remaining parcels of the
divided property.
7. CANCELLATION
This contract may be cancelled and a cancellation fee imposed
pursuant to the provisions of the Land Conservation Act of 1965) .
S . N0110ES j
All notices required or permitted b; this contract , includ-
ing notice of a change of address , shall be in i;ritina and given
by persona]. delivery or sent .by United States Mail. addressed to
the party intended to be notified. Notice shall be dee-.:cd riven
as of the date of delivery in person or as of the date t hen
deposited in any post office or any post o: fice box regularly
maintained by the United States Government .
Notice to the City shall be addr-ssed:
City Clerk
City of Cupertir-
10300 Torre Avenue
Cupertino, Calif. 95014
Notice to the Owner shall be addressed:
Name : Otis F. and Muriel N. Forge
Address : 20691 Homestead ]Road
City and State: Cupertino, California 15014
a
IN WITNESS WHEREOF the parties hereto have caused this
contract to be executed: by Owner on December 17, 1970 and
by City on February 23, 1971
4
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A no
CITY OF UPERTINO
ATTEST:
"PROVED
n7 TTOR�E (Owner)
3959 �
FLED FCF RECORD
AT REQUEST OF a�
0-4 u
FES 14 3 of PM 71
OMC .._ ' CORDS
SANTA COUNTY
GfEORGE E. FOWLES
o FEE
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N� C '
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,g r STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this 23rd day of Februa , 1971 , before me,
the undersigneT_, a Nutary lic in and for t e State of
California with principal office in the County of Santa Clara,
residing therein, duly commissioned and sworn, personally
appeared Gary G. Stokes and Vm. E. Ryder
known to me to be the Mayor and City Clerk Of City of Cupertino
t e corporation that
executed the within instrument , anc�Tnown 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 .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this Certificate
first above written.
!. FITZGERALD
�r A,` 'i L CCLr T Y
1 ary u is n an r the
a,^ny, w Rl.a,,u.n. 3501., State of California
STATE OF CALIFORNIA )
ss .
COUNTY OF SA.NTA CLARA)
On this 17th day of "ecember, i 70 before me
the undersigned, a Notary Public in and the .State of
California with principal office in the County of Santa
Clara , residing therein, duly commissioned and scorn ,
personally appeared ;,TJS F, FORGE AND MURIFL N . r�RGE
and nown to me
to be the persons rescri e 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.
: coop �
OFFICIALSEAL
MESW. OLEY
NOIANY N 13LiC CALIFORNIA
SaN1A CLARA couwrr rt o of California
Public in an e
~ '
My Commission Expires Feb. 22, 197�3
.!'c*.-Glidfdil�Cli�wa► 'aw.��s..�����ip -. -
Amok
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EXHIBIT II SMI e.0 eAGK R6
LAND CONSERVATION CONTRACT
COMPATIBLE USES
The following is a list of land uses determined to be com -
patible with the agricultural use of the land subject to this
agreement :
Yr
1 . The drying, packing or other processing of an agricultural
commodity usually performed on the premises where it is produced
but not including slaughter houses , fertilizer yards , bone yards
or plants for the reduction of animal or vegetable matter.
2 . Structures necessary and incidental to the agricultural
use of the land.
s. The holding of nonproducing land fcr future agricultural.
use .
4 . The holding of nonproducing mineral resource areas for
future use .
5. The maintenance of land in its natural state for the
purpose of preserving open space for recreation or plant or
animal. preserves .
6. Single family dwelligs 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 sand for the residence of the lessta of the land and the
family of the lessee .
Owner or lessee shall be construed to include :
(a) stockholders in gamily corporations
nn
800K U439 Piu[1 noV30
(b) beneficiaries of family trusts and estates
(c) owners of undivided partial interests in the fer
(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 .
ls. 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
CP
other livestock but not including an animal hospital or kennel .
18 . Oil and gas well drilling, including the installation
and use of such equipment , structure and facilities as are
y
necessary or convenient for oil and gas drilling and producing
operations customarily required or incidental to usual oil
9299 Pxu 14(0 IWCK FACE
field practice, including the initial separation of oil , gas
and water and the storage, hand' 4ng, recycling and transportation
of such oil , gas and water from the premises.
s
r
BOOK
BOOK 9230 PAGE
LEM DESCRIPTION OF REZONING
FM Al-43 to "A"
BEGINNING at a point in the centerline of Homestead Road, distant
thereon South 89* 47' West 10.77 chains (710.82 feet) from an underground
granite monument set at the point of intersection of said centerline of
Homestead Road with the centerline of Saratoga-Sunnyvale Road, said point
of beginning being the Southwesterly corner of that certain 11.254 acre
tract conveyed by Henrietta Melegari et vir to George H. Briggs, by deed
dated April 21, 1914 and recorded April 24, 1914 in Volume 417 of Deeds, at
Page 39., running thence along the Westerly line of the Tract so conveyed to
Briggs, North 0' 20' West 10.455 chains (690.03 feet) to a stake marked
B.M.1 set on the Southerly line of that certain 20.48 acre tract of land
conveyed by E. F. Heple et ux to Tony Jalesko by Deed dated October 29, 1919
and recorded October 29, 1919 in Volume 496 of Deeds, at Page 250; running
thence along the Southerly line of land so conveyed to Jalesko, South 89447'
West 9.30 chains (613.80 feet) to a 4" x 4" post marked G.2 set on the
Easterly line of that certain 20 acre tract of land conveyed to Bank of
America National Trust and Savings Association by Trustee's Deed dated
December 13, 1935 and recorded December 17, 1935 under Recorder's Number
64645; running thence Southcrl,• along said last mentioned Easterly line,
10.455 chains (690.03 feet) �o the centerline of Homestead Road; thence along
the centerline of Hon �stead Road North 89° 47' East 9.30 chains (613.80 feet)
to the point of beg.L-wing.
Excepting therefrom that portion of homestead Road dedicated for
public roadway purposes.
County Assessor's Parcel No. 321-41-72
Otis F. and Muriel N. Forge
T
I .lip
9230 eAGE
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Parcel Number 321-41-72
.9239
STATE OF CAL I FORN I A } SO # 12,
:
ss.COUNTY OF SANTA CLARA) `•
zx
On this 23rd day of February, 1971 before me,
the undersigneT,a Notary PuTlic in and for the 9tate 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 to me to be the M2yor and City Clerk Of�City of Cupertino
, the corporation that
executed t e within instrument , an3 okrn 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 .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this Certificate
first above written.
CALIF ,:NIA r
u A Cl Az � col,1?Y j
nL SM , t.ls7o r ?�O y ljb is an t e
State of Cali f o r n i a
i �SJ S�.Ssat ki ir.RJ..Cupertlno.Ca.95914
STATE OF CALIFORNIA )
ss .
COUNTY OF SANTTA CLARA)
On this 21st day of December, 1.973 before me ,
the undf:rs .gnu, a Notary Pu lic in. an for the State of
California With principal office in the County of Santa
Clara9 residing therein, duly commissioned and sworn ,
personally appeared OTIS F. FORGE
and "I TN. known to me
to Fe the pe.:sons 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 seumy hand and.
affixed my official seal the day and year in this Certificate
first above written.
^6G,..•j_ 1AMES W. FOLEY
NOIAkY PJt-X • CALIFORNIA tart' UD11C In an Or�. e
SAtlTA CLARA COU�`!'!Y State of California
My Commission Expires Feb. 22, 1974 _�,'
PAGE J 3$ E mu 22
RESOLUTION NO. 3017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING AN AGP.TCULTURAL PRESERVE WI;HIN THE CITY OF
CUPERTINO, ASSESSOR'S PARCEL NUMBER 321-41-72
WHEREAS, the Cupertino City Council has by Resolution established a
procedure for initiating, filing, and processing requests for establishment
of agricultural preserves; and
WHEREAS, Otis F. and Muriel N. Forge, owners of Assessor's Parcel Number
321-41-72, hive made written application to the City Council of the City of
Cupertino far 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
U11EREAS, 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
!?!?EFEA.S, 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 Cupertino
that the property designated as Assessor's Parcel Number 321-41-72, being
by Otis F. and Muriel N. Forge, and containing 9.26 acres, is hereby established
as an agricultural preserve.
BE IT FURTHER RESOLVED, that the City Council finds the following uses
compatible with the agricultural preserve:
1. The drying, packing or other processing of an agricultural cou.- '
modity usually p2rformed on the premises where it is produced but not including
slaughter houses, fertilizer yards, bone yards or plants for the reduction of
animal or vegetable matter.
2. Structures necessary and incidental to the agricultural use of
the Land. '
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of
preserving open space for recreation or plant or animal preserves.
' � e
,v
k book . a
S. Single family dwellings incidental to the agricultural use c:
the land for the residence of the owner, and the family of the owner.
Single family dwellings incidental to the agricultural vise of thl
land for the residence of the lessee of the land aad the fancily of the lesz-e.
Owner or lessee shall be construed to include:
t .
(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. 7"ne 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 Lbove listed compatible uses will be the
only uses permitted within said agricultural preserve, except that the City
".ouncil may, upon written request of ourners, suc^essors or assigns of the
property, or upon its own :notion, consider amendments to the list of compatible
"ses.
BE IT F`.;RT•HER RESOLVED that the Mayor is authorized to execute a Land
'onsev;ation Contract with Otis F. and Muriel N. Forge, their successors or
assigns
:-ASSED AND ALOPTEP at a regular meeting of the City Council of the City
of Cupertino on the 16th. day of February—, 1971, by the following vote:
AYES: Councilmen - Fitzgerald, Frolich, Green, Noel, Stokes
NOES: Councilmen - None
ASSENT: Councilmen - None
APPROVED:
/s/ Gary G. Stoke
ATTEST: Mayor, City of Cup— t'.U177
Is/ Wrri. E . Ryder
_ <'s
City Clerk �O� �w
smme.
STATE OF CAL I FORK I:�� ) � B�Q� .�
ss. ls ,. 141
COUNTY OF SANTA CLARA)
On this 23rd day of F b before me,
the undersigne�a Notary Pu is in and for the State of
Califoria with principal office in the County of Santa Clara,
residing therein, duly commissioned and- sworn, personally
appeared Gary G. Stokes and Mn. E. Ryder
known to me to be t e R- or and City Clerk Of City of Cupertino
the corporation that
executed the within instrument , anJ x o n to me to be the
person who executed the within instrument on behalf of this
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.
J. FfiZGEti'nLD G _�7
VA e1
f �s F., sf N ry Public in n t e
100 S s1i .,. , i_gy;,ir,ftd.,cC�ertln: jso: State of California
STATE OF CALIFORNIA )
ss .
COUNTY OF SANTA CLARA)
On this If day of before me ,
the undersignsJ, a tiotary Public n and for the .State of
California with principal office in the County of. Santa
Clara, residing therein , duly commissioned and sworn ,
personally appeared e-7, "'C" F4— _
and r"_�
r: ir�wn 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.
71y P; -'s ® � LLIt,%f E. P.'CCt'C
f/ a� Notary u is in an or Z.he
,. •. ... L ryFL�Iic ii and f.,r the County
Santa Clara calif SartaClara,Sr:ceofcal:fornia State of California
Z_..60GCorOe0**CG DA MM;sion Expitea July 27r 197t
cc.a, `•� err
r •Ly,
9e%JQ =1
f RESOLZITl'J ' N0. 3018
A RESOLUTION OF THE CITY COUNCIA L OF THE CITY ''F CUPERTINO
ESTAI$LISHING A.N AGRICULTCHAL PRLSERVE WITHIN 'i'HE CITY OF
CUFERA TWO, ASSESSOR'S FARCEL Nt?fBF R 326-10-018
WHEREAS, the Cupertino City Council has by Resolution established a
procedure for initiating, filing, and processing requests for establishment
of agricultural preserves; and
WMEF.EAS, Otis F. Forge, owner of Assessor's Parcel Number 326-10-018,
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 stib;nitted
its report, putting forth a favorable recommendation on this request; cne
WHEREAS, this Council finds that agricultural lands havf. a definita
public value as open space and the preservation in agricultural production of
such lands constitutes an important physical, social, aesthetic and econernic
asset to existing or Fending urban or metropolitan develop-ment.
!-iiAERE'AS, ti,is Council finds that agricultural preserves of Iass
acres are necessary due to iiEe uliiquv Uil;aiacterisLl•^_ o-f
the agricultural enterprises in the area, and that the establi himent o- yr
serves of less than one hundred (100) acres is consistent with the G�r.�za1
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 326-10-01°,
being owned by Otis F. Forge, and containing 7.38 acres, is hereby establishes
as an agricultural_ preserve.
13E IT FURTHER RESOLVED, that the City Council finds the following uses
r_ompatiblc 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
including slaughter houses, fertilizer yards, hone 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. T .,! maintenar�_ nd in its natural state for t1)e purpose
of preserving cperi space or plant or arisr.al preserves.
s� l
S. 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 th,a
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 corpot. ._ons
(b) Beneficiaries of family trusts and estates
(c) Owners of undiviried partial interests in the fee
(d) Joint tenants
6. Dwellings for persons employed by owner or lessee in the agricul-
tural use of the land.
7. The erection, construction, alteration or mAintenance of gas,
electric, water or communication utility facilities, in compliance with the
City's Underground Utility Ordinance No. 331.
RE IT FURTHER RESOLVED, that the above listed compatible uses will be the
only uses permitted within said agricultural preserve, except that the City
Council ut=1y, upon ::ri.tten request or uc.,.ers, successors or assigns of the
property, or upon its own m^ti.cn, consider amendments to the list of compatible
uses.
BE IT FURTHER -.ESOL'IED ttiat the Mayor is authorized to execute a Land
Ccns_rv..tion ContraCt With Otis F. Forge, his successors or assigns.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the �, day of '_• 1971, by the following rote:
AYES : Councilmen - F; t jrrc:rald, Froiich, Green, Noel, Stokes
NOES: Councilmen - 11cne
>PSENT: Councilmen - None
APPROVED:
/s/ Gary G. Stokes
Mayor, City of Cuaertino
1 A:I'F_ T:
/s/ Wm. E. Ryder
City Cier'k
PROy yy t „y)=4"t.
:ram 39 PAGE
'`•. goy PACE� e�
sue:
BEGIMM 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 Book 440, Page. 265 of Official Records, at the Northwesterly corner
of the 1.155 acre parcel of land described in the Final Order of Con-
demnation, recorded July 31, 1963 in Book 6128, rage 291 of Official
Records, thence from said point beginning and along tht Westerly and
Northwesterly lines of said 1.155 acre parcel, the follcr-sing courses
and distances: South 1*0448" Blest, 52.88 feet; South 17056118" Vest
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" v'-e3t 409.39 feet; and South 86°08'48" West 54.80
feet to the Westerly corner thereof, bein, also the- :asterly corner of
the 0.249 acre parcel of land conveyed to Otis F. Forole, by geed recorded
November 4, :965 in Book 7167, Page. 202. of Official Records, thence alone
the Scl•;theasterly line of said 0.249 acre parcel South 86°08'43" West
39.80 feet, and South 88°49'06" West 701 .36 feet to the South::*esterly
corner therecf ; thence along the '.•:esterl`.• line of said 0.249 acre parcel ,
Berth 1*02 53" East , 27 .49 feet to the `:(-.rth,..ester11v corner thereof ,
being ;:_so the Southwesteriv corner of the !0.µ66 acre parcel above
referrc'_' tr , thence ?l:"F' the i1ne o;' snid ;parcel '.orth 0*0'.t
East , 34..'4. 19 feet to the corner t:nererf , thence along the
Norti'erl . 14-ij P oi- sr3:�. ���.lcF�� aC2"e ��FlreC'� , 'wrt c ii7�G:71 gist . 1264.62
feet to _. L, . "4nt of t) gir.n rg :::d be4n.; t cnr .on. o: this SoilChst 1/4^.
of Sect lcn 12, 7 South, Ranee 2 :ost , '•1,D.3. 6 M.
Xcept =n�_ _ ;erefrom, that cer ,:in 2.006 icre parcel shGwn on Record of
surve`•.' °f.D recorded in Boc'.': 152 o: Maps, 7;SE .10, S.''r1ra Cl-ra County
Records.
County Assessor 's Parcel `326-10-18.
Otis F. Forge
HOIAESI E 0.0 smV39 PmE I : ROAD
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IParcel Number 326--10-18
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I y
LAND CONSERVA'.'ION CONTRACT
This is an agreement between the City of Cupertino, California,
(hereinafter called "City") , and
(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 hF.-reof; 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 compatiblc 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 . CONTIACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965
This contract is entered into pursuant to Chapter 7 (commencL- 5
with Sections 51.200) of Fart 1 , Division 1 , Title 5 of the Govern:
Code , which is known as the California Land Conservation Act of 19r-,S ,
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
` /.
w _r
p
s' 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 sucl compatible uses is set forth 'in Exhibit II , attached
hereto and by this reference incorporated herein. City, by uniform
rule adopted by the City Council of City, may from time to time
during the term of this contract and all renewals thereof, add to
the list of compatible uses which shall be uniform throughout the
agricultural preserve in which the property in Exhibit I is located ;
provided, however, City may not during the term of this contract or
any renewal thereof, without the prior written consent of Owner,
remove any of the compatible uses for the subject property which are
set forth in Exhibit II . The provisions of this contract and any
uniform rule supplementing the list of compatible uses are not in -
tended to limit or supersede the planning and zoning powers of Cit..- .
3. TERM OF CONTRAi T
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 Decernber
31 . The initial term of ten years shall be measured commencing a
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 dste of
this contract. This contract shall be renevied on each succeeding
January 1 and one additional year shall be added automatically to
the initial term unless notice of nonrenewal is given as pro-
vided in paragraph 4.
4. NOTICE 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 nonrenewal in
any year within the time limits of (a) above, this contract shall
rem.,in 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 rece4ve any payment from City in consideration
of the obligations imposed under this contract , it being recognize
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 sauccessors in in-
terest of the Owner. Whenever any of the property described in
Exhibit I is divided, the owner of any parcel may exercise, independent
of any other owner of a portion of the divided property, any of
the rights of the owner in this contract, including the right to
give notice of nonrenewal and to petition for cancellation. The
effect of any such action by the owner of a parcel created by the
division of land described in Exhibit 1 shall not be imputed to
the owners of the remaining parcels and shall have no effect on
this contract as it applies to the remaining parcels of the
f
divided property.
7. CANCELLATION
This contract may be cancelled and a cancellation fee imposed
i
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 change of address , shall be in writing and given
by personal delivery or sent by United States Mail addressed to
the party intended to be notified. Notice shall be deemed given
as of the date of delivery in person or as of the date when
deposited in any post office or any post office box regularly
maintained by the United States Government.
Notice to the City shall be addressed:
City Clerk
City of Cupertino
10300 Torre Avenue
• Cupertino , Calif. 95014
Notice to the Owner shall be addressed:
Name: Otis F. Forge
Address : 20691 Homestead Road
City and State: Cupertino, Calif. 95014
gr d m
IN WITNESS WHEREOF the parties hereto have caused this
contract to be exe .uted: by Owner on December 18, 1970 and
by City on February 23, 1971
z�
ATTEST; CITY 0 RTINO
UT° �ov ......
APPROVED AS TO FORM
CITY ATTORNEY (Owner)
t
R
t'
3959328
FILED FOR RECORD
AT REQUES OF
FEB Z4 3 02CORDS
P 1 '71
SA9d7A CLA;?A COUNTY
GEOR GE E. FOWLES NO
RECORDER
ry
2
G.
to
LAND CONSERVATION CONTRACT
This is an agreement between the City of Cupertino, ~ rnia,
(hereinafter called "City") , and OTIS F. _AND MURIEL. N. FnRCE_
• j
(hereinafter called "Owner") .
WHEREAS, Owner possesses certain real property located within
the City of Cupertino, County of Santa Clara , State of California ,
�m
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
prope1,r V ,o a rlculturai aI'i:: co-mrlat 'o us es ; and
hili-R!,AS , the parties have utter:-iinc 1". that the hi (; 1es* snd
use for the property during the term of this ccntract , or any re -
newal thereof, shall be for agricultural purposes .
NOW, THEREFORE , City and Owner agree as follows :
1 . CONTRACT SUB ECT TO Cr.LIFORN'TA LAND CON.SERVATION ACT OF 1965
This contract is entered into pursuant to Chapter ? (commoncing
with Sections 51200) of Part 1 , Division 1 , Title 5 of the Govern:-:_nt
Code , which is }mown as the California Land Conservation Act of 19 �5 ,
or as the Williamson Act . This contract is subject to all of the
provisions of this Act , including any amendments thereto which ma,-:-
hereafter be enacted.
a
2 . RESTRICTION ON USE OF PROPERTY
During the term of this contract , and any and all renewals
7®. 90
a = 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 i,ot 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 I1 . The provisions of this contract and any
uniform rule supplementing the list of co_,tpati _le uses are not ir: -
tended to limit or supersede the planning and zoning powers of Cit- .
3. TEM 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 o
execution if the date of execution is between March 2 and December
31 . The initial term of ten years shall be measured commencing as
of the first of January of the year of execution if the date of
execution is between January 1 and March 1 . Each succeeding first
a 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
Y
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 nonrenewal in
any year within the time limits of (a) above , this contract shall
remain in effect for the balance of the period remaining since the
original execution or the last renct:•al of this contract , as the case
may be .
S . NO COMPENSATION
Owner shall not receive any payment from City in consideratici
of the obligations imposeu under this contract , it being reco;nizei
and agreed that the consideration for the execution of this contra__
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 el
the property contained herein .
6. SUCCESSORS I` INTEREST
This contract and the restrictions imposed hereunder shall be
binding upon, and insure to the benefit of, the successors in in-
terest of the Owner. Whenever any of the property described in
Exhibit I is divided, the owner of any parcel may exercise , independent
• • of any other owner of a portion of the divided property, any of
the rights of the owner in this contract , including the Fight 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 I 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
'!'his contract may be cancelled and a cancellation fee imposed
pursuant to the provisions of the Land Conservation Act of 1965 .
8. NOTICES
All notices required or permitted by this contract , includ-
ing notice of a change of address , shall be in writing and given
by personal delivery or sent by United States Mail addressed to
'the party intended to be notified . Notice shall be deemed given
as of the date of delivery in person or as of the date when
deposited in any post office or any post office box regularly
maintained by the United States Government .
Notice to the City shall be addressed:
City Clerk
City of Cupertino
10300 'Torre A:enue
Cupertino , Calif. 95014
Notice to the Owner shall be addressed:
Name :
Address :
Y City and State :
IN WITNESS WHEREOF the parties hereto have caused this
contract to be executed: by Owner on— December 17, 1970 and
by City on February 23, 1971
ATTEST: CITY PERTIN
e
CTTY-ca 'K7
APPROVED TO FC RMM o
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CITY�ATTORNEY
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3959326
AT REQUEST O
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SAS T/- QQI)NTY
GEORGE_ E FOIWLEE
NO FEE
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February 25, 1971
Mr. Otis F. Forge
20691 Homestead Road
Cupertino, California 95014
Dear Mr. Forge:
We are enclosing copy of Land Conservation Contract
relative to Assessor's Parcel Number 326-10-18.
This contract was recorded at the County Recorder's
office on February :24, 1971, and a copy placed with the
Tags Assessor's office on the same date.
Very truly yours,
CITY OF CUYUTINO
Gladys !McHugh x
Deputy City Clerk
pr
encl. u
k
Mal'
Mruwy 25, 1971
s
Mr. b Mrs. Otis F. Forge
20691 Homestead Road
Cupertino, California 95014
Dear Mt. i Mrs. Forge:
C
He are enclosing copy of Lane. Conservation Contract
relative to Assessor's Parcel Number 321-41-72.
This contract was recorded at the County Recorder's
office on February 24, 1971, and a ccspy placed with the
Tax Assessor's office on the same date.
Very truly yours,
CITY OF CUPERTINO
Gladys Me-ugh
Deputy C.� y Clerk
pr
encl.
. >y . .
�\ 2
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�\
~ I% h 17, 1971 :
-
2ir ctol of zrriculture
'-c,;)P-r,lment of AprlCUI.tUre -
\ 122g t. Street - -
\ Sacramento. talifnlnla » \
\ Drar £!T » \
, : , . . .n V a coe> eE tvo fully eyec,ted Lana
!y followls2• &
9a7crl tc . 12: ±I 72 . .\
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IL TO: COUX"IT ASSESSOR'S OFFICE
70 W. HEDDIAC STREET j INCOME ANALYSIS SKEET FOR 19 HAM:SAKI JOSE, CALIF'. 95110 v
2 3 4 5 6 7 S 9
Cash Rent per
Number of Acres Acre Location-Use Number of
c If Share Crop, Remaining Indicate Assessor's Acres
' Convert to Cash Length of Whether Owner Parcel No. or *Prime
•pe of land of Irri- lNon-irri- Irri- oNon-irri- Lease in Operated or Cvner's Name & Agricultural Assessor's
ring Use Crop gated :gated gated gated Years Leasing F.oad Name Land Use
• e ° e
e e
field Crop alfalfa
Grain
Hav
rchard
Pear
?ear
_Prune
t
Walnut
e °
e �
° e ;
.sture (Beef
e
Cattle '
Catcle
Shee�~I
e
.a Crop E:. ,ns
I_c
marl is
Peppers
1 Tomatoes I ^�
e e
e �
Omer Uses Huntin
Quarrying_
* "PRIM AGRICULTURAL LAND" means:
(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 qualifies for rating SO through WO 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.
(S) 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
pcevioub Live years.
Permission is hereby granted to the County Assessor to obtain any information
which he may need fbx assessment purposes from my "Soil and Capability Map"
or the "Conservation Plan Map" which is available in the Soil Conservation
District Office.
Signature /
Date