CC Resolution No. 5784 ~ •
• RESOLUTION N0. 5784
A kGS01.U1'ION OG TNF. CI7'Y COUNCLL OF 'f1lE CI"PY OF CUPGRTINO
~ CGR'tIFYfiJC '1'0 TfIL GOU1dTY AUllt'COR OF SANTA CLtIItA COUNTY
i
1'HE M10UN7' Oi~ CANCELI.A'CION FF,F.S 'f0 RF. YA1D UPON CANCI:LLA-
'PION OF A LAND COt~SERVAI'ION CONTRAC'!', GIVINC TENTATIVI
APPROVAI. TO SUCH CANCELLATION, PRESCRIESINC CONDITIONS
UPON 6~t11CH 'CHIS R1:SOLU'1'ION WILL QL EFFECTIVti, DIRGCTING
THE CLERK TO RECORD A C6RTIFICATE RF,1.AT1NG TO SUCFi CAN-
CELLATION F1iG WIiF.N R@SOLU1'ION IS G~Ft:CTIVF., kEQULRINC
PAYp1tiNT LN FULL OF CANCIsL1.ATI0N CI:H PRIOR 'CO 1'IIIi CANCGL-
LATiQN t3ECOMINC 4:FF6CTIVE; ANU PRtS5CRIfSLNG OTHER CONDI-
' TIONS IN CONNECTION Tl1GREW1'fH
RE IT RESOLVED hp the Council of the City of Cuper[ino:
' Pi~rsuant [o the Callfornia LanJ Cunservation Act of 1965, thls Council
hereby finds and determines:
L OtLs F. anJ FlurieL N. Farge as landowners oC the herein+ifter described
:aud have filed ~~~otition wi[h the Council for a cancellation of a Land
Cunti.rrva[ion Contract heretofore entered Lnto with Che Ci[y of Cuper[ino
and recorded Fubruary 24, 1971 in Book 9230. P;~gos 137 et s~q. and re-
recorded ac thc request uf the Coard uf SupervLSOr~: on Plarch I, 1971
Ln Roi~k 9239, Pag~•s 159 et seq. of pffici~l Recurds of the Recorder
of the Cciun[y of Santa Clara, 5tatc of CallfurnLi.
2. 1'he land de~:cribc~d in said pe[itlon and Contract is all that real property
in [he City of Cupertino, Counly of Santa C1ara, State of Caltforni.i,
which Is descrihed on Exhibit "A" attached hcre[o and hereby incorpurated
into thiti resolution; said land ls located within an agricultural preserve.
' 3. 7'he C[[p Clerk h~iti raused notice uf n puhti~~ hearin~; [n said petitlun
to bc give? :~nd published in thc mnnncr and wlthIn thc [ime required
hv lr~w.
4. This Cuunril. ~t thi~ tlme and place menlic,ned In tiuch noticc~ or [o whieh
thc hrarin~ sha11 li:~ve heen con[inued, has held a puhlin c~aring on such
peU c(on and an~~ prutos[ of such enncellation and has received evidence
oral and documc:ntary thcrcof.
5. ~~P~'~~ actfon e,f the Councll hexein g1vlnF tent:itiv~~ approval herein
tu canccllatinn n( satd Contract, the County Assessur c,f [he County oP
S:inta Clar:i certifii~d to this Council that thc canc~cllation valuation of
th~ land described ln tiaid pe[ittun for [he purpose o( detcrmining can-
celiation fee fa S27,956 (twcnty seven thous.~nd nine hundred fifty six doll~rs).
. NOId, 'fll[:kEFORL, pursuant to said Land Conservatlun Act of L965:
A. 7'he Council detormines and ccrtiCies to the Count}~ Auditor of the County
of Sant.i Clara, State of Cnlifornta, that thc ~muunt thc landuwncrs
o~is F. ,ind ituriel N. Forge mus[ p:iy ati deferred laxeti upon cancellation
of [he :tCoYCSaid Con[racC is $27,956.
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B. The Counctl hereby determi.nes that Lhe rancellr~tion of the Land Conser-
" vation Contract is not inconslstent with the purposes of thc CeiliEornia
Land Conservation Act of 1965, and the canccllation of such Contract is
In the publLc Lnterest.
C. 1;}~ reason of the foregoing this Counclt hereby gives tent~tive approval
; ro the cz~nce ll ation of this Contract, subject to [he followin~; conditions:
I Pursuant Co Cuvernmen[ Code Se~•tlon 51"L83.3(a) chis Council
hereby requires payment Ln full u[ the c.incell~tiun Eee uf $
from O[ts 1', and hturieL N. Forge, as landowners, prtor to the
c-ancetlation herein becoming effective and until such payment in
full is made, the cancellation of such contract shall not be
effec[Ive; and further, Ln the event s~ch cancellation fee is
not peitd within 180 days from the date this Resolution ie adop[ed
(unless within the l80 days such time Is furthcr extended by Resolu-
I tion or uther act uf Council), tLe provisions of thls Resolution
! and che tentative approvai to cancellation sha1L be nul] and void
in [hcir entirety and such petition shall thereupan be deemed
de.nLed by thLs Council withou[ prejudice.
D. 1'he City Clerk is hereby directed ta record the certificate and no[ice
' of cancellatLon provided in Governme~it Code Sectiun 51'28~.3.
f. Upon payment of the cancella[iun fce herein pruvided [hc City Clerk
shall recc~rd wi[h the Co~~~~ty Recorder, pursuant to law, ri wrLtten
~ certificate of the release of the lien oE sucli cancella[ion.
' I'ASSED AND ADOY'PEU at a regular meettng of [he City Council of the City
uf Cupertino thiy ~{~t' d~y ~f ~Ianuarv , 19~;~, hy thc following
voce: -
Vote Plembers of [he City Cuuncil
AYI:S: fattu, Jc,}mson, PlungY. RoPf~rs, Sp~r4:s
NOIiS: PJone
ARtiIiN'I': Eli,ne
ABS'1'A I N: v"~~~'
APPROVtiD:
c~
Mayor, C ty o uper no
~TTtiST•
~R~~~^~'~a
City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
FOR LAND CONSERVATION CONTRACT CANCELLATION
FOR
Lards of Forge;
C555; '.. (;51
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, described as follows:
BEGINNING at the Northwest corner of that -certain 2.00 Acre
parcel as shown on that certain Record of Survey filed for record
in Book 152 of Maps at Page 10, Santa Clara County Records;
thence from said POINT OF BEGINNING, along the Westerly line of
said 2.00 Acre parcel S 00 04' W 307.14 feet to the Southwest
corner of said 2.00 Acre parcel; thence along the Northwesterly
line of that certain 1.155 Acre parcel described in the Final
Order of Condemnation, recorded July 31, 1963, in Book 6128 of
Official Records at Page 291, Santa Clara County Records
S 730 09' 49" W 114.00 feet and S 851 07' 50" W 54.80 feet to the
Westerly corner of said 1.155 Acre parcel; thence along the
Southeasterly line of that certain 0.249 Acre parcel of land
conveyed to Otis F. Forge by Deed recorded November 4, 1965, in
Book 7167 of Official Records, at Page 202, Santa Clara County
Records, S 85° 07' 50" W 39.80 feet and S 870 48' 18" W 701.86
feet to the Southwesterly corner of said 0.249 Acre parcel;
thence along the Westerly line of said 0.249 Acre parcel
N 0°.02' 05" E 27.49 feet to the Northwest corner of said 0.249
Acre parcel; thence along the Westerly line of the 10.466 Acre
parcel of land conveyed to Otis F. Forge by Deed recorded January
3, 1929, in Book 440 of Official Records at Page 265, Santa Clara
County Records, N 0° 04' E 344.19 feet to the Northwest corner of
said 10.466 Acre parcel; thence along the Northerly line of said
10.466 Acre parcel N 89° 47' E 905.22 feet to. the POINT OF
BEGINNING. G555E"Gt649
Containing 7.3 Acres of land, more or less.
Prepared by
MACKAY
San Jose,
the firm c
& SOMPS
California
EXHIBIT B-1
VICINITY MAP
FOR LAND CONSERVATION CONTRACT CANCELLATION
FOR
Lands of Forge
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EXHIBIT B-2
ASSESSOR'S PARCELS MAP
FOR LAND CONSERVATION CONTRACT CANCELLATION
FOR
Lands of Forge
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M. 34-4 •M • 10
BEARDON
PROJECT REPORT
FOR LAND CONSERVATION CONTRACT CANCELLATION
FOR
Lands of Forge
I. PROJECT DESCRIPTION AND SURROUNDING USES
The proposed use of the Lands of Forge is a 2 phase condominium--
ministorage development. The initial phase is the condominium
portion, which consists of a total of 104 units on 5.2 acres. At
20 dwelling units per net acre, the project contains the maximum
number of dwelling units permitted under the site's existing General Plan
designation of 10-20 dwelling units per net acre. This density
will also be consistent with a density designation increase to
20-30 dwelling units per net acre, an increase which the City of
Cupertino is now considering.
The second phase is 2.1 acres of ministorage to buffer residential
development on the 280 freeway side and on the side adjacent
to the lumber yard. Phase II depends on a subsequent change to
the Cupertino General Plan to add a "ministorage" designation.
This change has been requested by the applicant, and can hopefully
be processed in a time frame which can allow the residential and
ministorage to be constructed at the same time. The alternative
Phase II development of an additional 48 dwelling units will apply
only if the General Plan Amendment request for mini storage is un-
successful.
The condominiums are 2 story flats over basement parking, The
grading is designed for approximately 8 feet- split through
the unit, with an elevated interior common area. The interior
green contains active and passive recreation area; the principal
activity area contains a swimming pool and spa. Spacious land-
scaped areas, combined with an intensive tree planting program,
lend accent to a quality development. Surrounding properties
are buffered by an evergreen tree buffer.
The buildings are designed in a variation of the traditional Spanish
motif. Exterior walls are heavy plaster finish with accent tile
insets, capped by a tile roof. Each building contains eight units ac-
cessed by a common entry stair from the basement parking level.
Six of the eight units are two bedroom; two are one bedroom. The
central upstairs units have loft bedrooms which accounts for the
exterior change in roof plane.
Main access to the project is from Homestead Road via Franco Court,
a partially improved right of way terminating/at the northwest corner
of the property. Alternate access for the ministorage use, and
emergency access for the condominium development is planned via
an 18 foot wide easement through the adjoining lumber yard property.
The internal project street system is to be private,
The Lands of Forge are surrounded by residential/commercial devel-
opment except to the south; here the site borders the route 85 freeway.
To the north is a shopping center; to east is a lumber yard; and
to the west is a large apartment complex. The surrounding uses
are illustrated on the aerial photographs which are part of this
report.
10300 0,R E AVE. ���®��� WITiri GOV CODE 6103
[lei �9y"k 9 �:la 95014
CERTIFICATE AND NOTICE OF CANCELLATION
PURSUANT TO m
CALIFORNIA LAND CONSERVATION ACT OF 1965
Pursuant to the California Land Conservation Act of 1965, the undersigned
DOROT11Y CORNELIUS, City Clerk of the City of Cupertino does hereby give
notice of cancellation of the following described Contract thereunder and
certifies:
1. The City of Cupertino and Otis F. Forge heretofore entered
into a Land Conservation Contract under the California Land Conservation Act of
1965; a copy of such Contract was recorded on February 24, 1971 in Book
9230, pages 137-149 of the Official Records of the County of Santa Clara,
State of California, covering all land hereinafter described.
2. By and upon adoption of Resolution No. 5784 of the Council of
the City of Cupertino, adopted Jan. 4, 1982 subject to the conditions therein
set forth such Contract was cancelled.
3. The amount of the cancellation fee certified by the Council of
the City of Cupertino in said Resolution as being due pursuant to
Sections 51283 and 51283.1 of the Government Code of the State of California
is $ 27,956
4. There are no contingencies of waivers or deferment of payments
except the following:
Full Payment before Cancellation Effective. City Council Resolution
No. cancelling said Contract specifically provided that payment in
full of the cancellation fee of $ 27,956 was required of
Otis F. Forge as owner, prior to the cancellation therein becoming effective,.
and that until such payment in full had been made the cancellation of the
Contract shall not be effective, notwithstanding the tentative approval to
cancellation therein given; unless fee is paid or a certificate of cancella-
tion of contract is issued within one year from the date of the recording
of the certificate of tentative cancellation, such fee shall be recomputed as
of the date of notice described in subdivision (b) of Section 51283.4.
5. Permits. All permits necessary to commence the project shall be obtained.
6. Notification. The landowner shall notify the Council when s/he has
satisfied the conditions and contingencies relating to the tentative
cancellation. Within 30 days of receipt of such notice and upon a deter-
mination that conditions and contingencies have been satisfied, the Council
shall execute a certificate of cancellation of contract and cause the same
to be recorded.
7. If the landowner is unable to comply with conditions and contingen-
cies s/he shall notify the Council of those s/he is unable to meet.
Within 30 days of such notice the Council shall execute a certificate of
withdrawal of tentative approval and cause same to be recorded.
Z53
8. The land hereinbefore referred to is legally described on
Exhibit "A" attached to this certificate and incorporated herein as though
specifically set forth at length.
DATED : �� 9
DOROTHY CO ELiUS
City Clerk of the City, -of Cupertino
i 4 ,
t „ J j
NOTICE OF OWNERS' NONRENEWAL OF LAND .CONSERVATION CONTRACT
TO: City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
NOTICE IS HEREBY GIVEN that the undersigned land-
owners serve Notice of Nonrenewal of the following described
California Land Conservation Contract pursuant to the
Williamson Act of 1965.
The undersigned constitute all of the present
owners of the land and are the original parties to the
Contract with the City of Cupertino. The Contract was
recorded in the Office of the Recorder of Santa Clara on
March 11, 1971, in Book 9230, Page 159; Assessor's Parcel
No. 326-10-18.
WHEREFORE, the undersigned hereby requests that
the Notice of Nonrenewal be filed and that the City of
Cupertino take action thereon as provided by law.
The undersigned, each for himself and not the
other, does hereby declare that the above is true and
correct under penalty of perjury.
Executed on 9� 3 a "
Otis F. Forge (f '
at
ffr,
5268
421
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