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Ordinance 1470ORDINANCE TfO. 1470 AN ORDINANCE OF THE CITY OOLINC:LL OF THE CITY OF CIJPER'I'INO AMENDING SECTION 1 OF ORDINANCE NO. 2 BY ZONING PROPERTY TO R1-10 ZONE; IACATELI APPROXIMATELY 200 F'I'. WEST OF RAE LANE AT THE SOUTHERLY 'II~iCTS OF PAR 'I~42EEZEE DRIVE (ZANKICH - 3-Z-88) WHEREAS, an application was filed by Steve Zankich (Application 3-Z-88) for the zoning of property tai R1-10 (Residential, 10,000 sq. ft. minim~nn lot size) zone; and WHEREAS, upon due notice and a:Eter one public hearing the Planning Commission recxnm~ended to the City Council that the zoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit "B" as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS Fr~I~OWS: Section 1. That the property described in attached Exhibit "A" be and hereby is zoned to an R1-10 (Residentiial, 10,000 sq. ft. minimum lot size zone) zone, subject to conditions listad in attached Exhibit "C"; and that Exhibit "B" attached hereto is made ,part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. IN'IROL7UCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of October , 1988 and ENACIBD at a regular meeting of the City Council of the City of Cupertino this 31st day of October , 1988 by the following vote: ORDIl~NCE NO. 1470 Vote Members of the City Council AYFS: Johnson, Koppel, Plungy, Rogers, Gatto NOES: None ABSENT: None ABSTAIlI: None /s/ John M. Gatto Mayor, City of Cupertino ATI'E.ST: /s/ Dorothy Cornelius City Clerk ZaNIIVG P~~9 T ~~A ~° ORDINANCE N0. 1470 :. ~: i~ .' .~ .,., •• I I .'•. ~ i ~~ : ~ :; j.. ~`~. ~.: :~., .. ;;. /~~ zone 0.5 97 t i9cs. fi'o~n non ~ fo /~'-/ - /O .'~~ttt . .,~~ , •I 's•. D W h Q Q .•j ~._ 1 '~,9cs. ,:. L~1 .:~~ 3-z-s8 X013188 ~~~ •~ -~: •'t. .. :-; ! ; , it ~' {_• V v 1 I THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CUPERTINO ANp IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY DUNCAN S. MCRAE, ET UX, TO W. 0. FURTWENGLER, ET UX, BY -- DEED DATED APRIL 2, 1954 AND RECORDED MAY 18, 1954 ~N BOOK_2875 OF OFFICIAL RECO_RD_S_AT PAGE 351; Tf•1ENCE RUNNING ALONG THE NORTHWESTERLY LINE OF SAID PARCEL OF-LAND N. X17°18'50" E. 146.S4~FEET; THENCE LEAVING SAID LINE AND RUNNING A1' RIGHT ANGLES THERETO S. 42°41'10" E. I FOR A DISTANCE OF 165.50-'FEET TO THE CENTER LINE OF PROPOSED 20 FOOT RIGHT OF WAY; THENCE ALONG SAID CENTER LINE, PARALLEL WITH THE. NORTH- WESTERLY LINE OF THE SAID PARCEL. OF LAND SO CONVEYED TO FURTWENGLER S. 47°18'50" W. 120.OOH=EET, MOf~~,QR,~S~, TO A POINT IN THE SOUTH- l~o a~tr,~NcF ~JESTERLY LINE OF SAID PARCEL OF LAND; THENCE ALONG SAID SOUTHWESTERLY ALINE N. 61° 2O' W~' TO AN ANGJI..E POINT THEREIN, THENCE CONTINUING ALONG SAID LINE, N.-5~2° 55' W. 66 FEET, AND N. 43°15'40" W,. 44.31 FEET TO THE POINT OF BEGINNING AND BEIN1; A PORTION OF SAID PARCEL OF LAND SO CONVEYED TO FURTWENGLER; SITUATI.D IN SECTION 22 IN TOWNSHIP 7 SOUTH, RANGE 2 WEST, M.D.B. & M. TOGETHER WITH AND APPURTENANT TO THE PREMISES HEREINABOVE DESCRIBED A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTNENCE OF PUBLIC UTILITIES OVER THAT CERTAIN 20 FOOT STRIP OF LAND, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: ^~' BEGINNING AT A POINT IN THE CENTER LINE OF MCCLELLAN ROAD, DISTANT THEREON FROM THE POINT OF INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF COLONY. TRACT, THE MAP OF WHICH WAS FILED FOR RECORD IN THE ~~ 7~ OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALI- FORNIA, IN BOOK "P" OF MAPS AT PAGE 21, THE FOLLOWING COURSES AND DISTANCES 5-.---64°15'50" W. 103.86 FEET, S. 78° 40' S0" W. 193.69 FEET, O AND S. 61°34'50" W. 104.91 FEET; THENCE FROM SAID POINT OF BEGINNING S. 42°41'10" E. FOR A DISTANCE OF 439.50 FEET FROM THE SOUTHEASTERLY TERMINUS OF SAID CENTER LINE. ALSO TOGETHER WITH AND APPURTENANT TO THE FIRST HEREINABOVE DESCRIBED PARCEL OF LAND, A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS: p BEGINNING AT AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF MCC~_ELLAN ROAD, DISTANT THEREON S. 64°15'50" W. 114.42 FEET FROM THE SOUTH- ~~ WESTERLY LINE OF COLONY TRACT,. THE MAP OF WHICH WAS FILED FOR RECORD ~~~ it-~'i.J IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, CALIFORNIA, IN BOOK "P" OF MAPS AT PAGE 21; THENCE ALONG SAIDSTATE OF SOUTHEASTERLY LINE OF MCCLELLAPJ ROAD S. 78°40'50" W. 193.21 FEET AND `' S. 61°34'50" w. 96.81 FEET; THENCE LEAVIN AND RUNNING S. 42°41'10" E. 60 FEET; THENCESNID61°17H30°TERL266170 FEET .TO THE POINT OF BEGINNING.. ALSO TOGETHER WITH AND APPURTEr1ANT TO THE PREMISES FIRST HEREINABOVE DESCRIBED, A NON-EXCLUSIVE RIGFIT OF WAY FOR INGRESS AND EGRESS FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER A STRIP OF LAND 2O FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS "--~~"'BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY DUNCAN S. NICRAE, ET.UX, TO W. 0. FURTWENGER, ET UX, BY DEED DATED APRIL 2. 1954, AND RECORDED MAY 18, 1954 IN BOOK 2875 OF OFFICIAL RECORDS AT PAGE 351, DISTANT THEREON 42°41'10" E, 165.50 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL OF LAND SO CONVEYED TO FURTWENGLER, THENCE RUNNING PARALLEL WITH THE NORTH- WESTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO FURTWENGLER, S.~-. 47°18'50" W. FOR A DISTANCE OF 345.00 FEET, MORE OR LESS, TO THE'MOST SOUTHERLY CORNER OF THE PARCEL OF LAND FIRST DESCRIBED ABOVE, BEING A POINT IN THE SOUTHWESTERLY LINE OF THE SAID PARCEL OF LAND SO CON- VEYED TO FURTWENGLER. THE NORTHEASTERLY TERMINUS OF SAID RIGHT OF WAY TO BE THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO FURTWENGLER; AND THE SOUTHWESTERLY TERMINUS OF SAID RIGHT OF WAY TO ` BE THE SOUTHWESTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO FURTWENGLER. ARe N356-07-024 ORDIl~,NCE NO. 1470 EXEIIBIT "Cn 1. APPROVED E}~iIBITS The reocmamexldation of approval is based on Exhibit A of Application 3-Z-88, except as may be amended by the Conditions contained in this Resolution. The Exhibit shall be amended to reflect a R1-10 zone.