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Ordinance 1287r .. ., _: .- • • OADINANC6 N0. 1287 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY .60 GROSS ACRES FROM R1-10 ZONE TO P ZONE; LOCATED ON THE SOUTHEAST CORNEA OF FOOTHILL BOULEVARD AND CUPERTINO ROAD WHEREAS, on July 2, 1984, an application was filed by Don L. Beck Associates, ino. (Application 7-Z-84) for the rezoning of property from R1-10 (Residential Single-family, 10,000 sq. ft. minimum. lot size) zone to P (Planned Development with office intent) zone; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the Rezoning be granted; and WHEREAS, the property to be rezoned is presently in an R1-10 (Residential Single-family, 10,000 sq. ft. minimum lot size) zone; and WHEREAS, a map of the subject property. is attached hereto as Exhibit "B" as a proposed amendment to the Master Zoning Map oP the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described. in attaohed Exhibit "A" be and hereby is rezoned to a P (Planned Development with office intent) zone., subject to conditions listed in attached Exhibit "C"; and that Exhibit "B" attached hereto is made part of the Master Zoning Map oP the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of September, 1984 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 1st day of October , 1984 by the following doter Vote Members of the City Counoil AYESs Gatto, Plungy. Rogers. Sparks. Johnson NOESi None ABSENTS None ABSTAINS None APPAOYED: ity of Cupertino ATTEST: City, Clerk ~, _ ®, LEGAL DESCRIPTIOfJ Ozd¢z No. 451976 ' Page S Real property situated in [tie City of Cupertino, County of Santa Clara, State of California, described as follows; , PARCEL 0~'E: All of Lot 116. as shown on that certain Map entitled, "Map of Inspiration Point Monts Vista", which Map was filed for record in the office of the Recorder of the County of Santa Clara. State of California, on April 11, 1917 in Book "P~i~ of Maps,' page 18. PARCEL T4T0: All that portion of Palo Vista Road (40 feet widej, being [he Southwesterly half thereof, lying contiguous to and Northeasterly of the Northeasterly line of Loc 116 as shown on the Map referred to in Parcel One above, ae said portion of Palo Vista Road vas abandoned by instrument recorded November 15, 1961 1n Book 5366, page 107=of Official Records. Excepting therefrom that portion conveyed to the County of Santa Clara, by deed recorded August 19, 1981 1n $ook G285, page 228 of Official Records and more particularly described as follows: Aeing a portion of Lot 116 as shove upon t}ia[ certain map entitled "Map of lnsplration Point. Monte Vista." which said Map was recorded in tt~e office of the County Recorder of Santa Clara County, State of California on April 11, 1917 in Bank "P" of Mapa at page 18. Ttic parcel of land is a 7' wide strip of land lying easterly of the most westerly line of Lot 116 as shown on the "Hap of Inspiration Point, Monts Vista." Also excepting therefrom [hat portion conveyed to the City of Cupertino by deed recorded November 16, 1983 in Book-1067, page-348 of Official Records, and more particularly described as follows: PARCEL A: Coc~xencing at the southwest corner of Lot 116, ss shown upon that certain map entitled "Nap of Inspiration Point, Monza Vista which map was recorded in Volume P of Maps, page 18, Santa Clara County Records; thence from said point of coc~enceaent S. 89° 53' E., a distance of 7.00 feet to the True Point of Beginning; tt~rnce from said True Point of Beginning. contlnuing along the southerly line of Lot 116, S. 89' S3' E., a distance of 25.64 feet; thence N. 1' 03' 40" E,, a distance of 168.61 feet [o a pole[ on the southwesterly line of Palo Vista Road, as shown on said map; thence along said southwesterly line of Palo Vista Road N. 52° 05' N., a distance of 14.21 feet to a point being the beginning of a tangent curve to the left; thence along Bald tangent curve to 'the left, having a radius of 15.00 feet with a central angle of 78° 20' 30", for an arc length of 20.51 feet; thence along the easterly line of a 7.00 foot strip of land deeded to the County of Santa Clara by instrument recorded August 19, 1981 in Book G 285 of Official Records, page 228. Santa Clara County Records, S. 0° 07' W., a dl stance of 178.19 feet to the True Point of Beginning. „tl 1191HX3„ .. ' ~ Order No. 451976 Page 6 LECAL DESCRIPTION (CONT'D) FkRCEL B: , Eeginning at the most westerly point of Parcel 1, as shown upon that certain parcel map recorded in';IIook-SlDJpf_?iapa,:_page 40, Sante Clara County Records; thence from said point of beginning N. 51° 52' 30" W., a distance of 5.61 feet to the intersection with Che 40.00 feet radius right-of-yay line as shown on said map; thence along a curve to the left with a radius of 40.00 feet from a j tancent bearing of S. 46° 56' S0" W., to a point on the southwesterly line of Palo Vista Road as shown on said parcel map; thence southeasterly along said southwesterly line of Palo Vista Road to the intersection with the future right-o[-way line of Foothill Boulevard as described in Parcel A; thence N. ^ 1° 03' 40" E., a distance of 26.25 feet to the point of beginning. f ' f w, bd g~~~ ~i i~99 ~~ I n ZON/NG PLAT M.4P PLAT TO ACCOMPANY xs ~ ~ A E-5-e4 LEGAL DESCRIPTION E~~~O~~~ DR.BY' '4O M w. NB7 53 BOO" w _ _ ~PERT~NO ROAD ~i ~~.' I ~ I n s I (00 \ \ \ I - Q v \ ~`~_ ~ I O ~ ~ I bo( ~ ::.,~. I ..,... r !r .- r, ~ .~r.•~r,~,s i~t d~httl~t ~re'"'- CITY OF UF'ERTINO M /00 ~ E}.?{I: it ~ '~ -- RF ZONE . G O ACRES aic n Eso~uno~l ria_---__ FROM R /- Jd o~:T~ _ ~ _~` t' rO~~ ~Lo~~rcE~ DATE ,:-KIER & wRictlr ~~BBQ /~j ,' crvn ENGINEEIIS a suwcroes. tNC. SHEET NO. nsn xnn nn„t...rd emtd~nE i~ Srnra (Irrr. (rirl~rnN 95~St 71r~6t,R5 ~ OF ~ EXHIBIT "C" ORDINANCE N0. 1287 CONDITIONS: 1-15. STANDARD CONDITION3 Standard Conditions to the extent that they do not conflict with the apeoial conditions enumerated herein. In the event a aonfliot does exist, the special conditions as enumerated herein shall apply. 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A of Application T-Z-84 except as may be amended by apeoial conditions enumerated herein. 17. FUTURE INGRESS/EGRESS EASEMENTS The applicant/property owner shall sign an agreement to participate in a reciprocal access easement with the adjoining property owner(s) to the south when said property owner(s) are obligated to participate in a .similar agreement. The future easement shall be located in a manner which minimizes grade differences between the sites involved. A circulation way connecting the veterinary clinic (currently under aonstruotion) xith the pro~eot site via a ramp is not required. 18. CONSOLIDATE PARCELS The applicant shall merge all existing parcels into a single lot excepting the corner triangular parcel under Mr. Jackson's ownership.