CC Resolution No. 5964 ~ ~
j RE50LUTION N0. 5964
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
~ CERTIFYING TO THE COUNTY AUDITOR OF SANTA CLARA COUNTY
THE AMOUNT OF CANCELLATION FEES TO BE PAID DPON CANCELLA-
TLON OF A LAND CONSERVATION CONTRACT, GIVING TENTATIVE
APPROVAL TO SUCH CANCELLATION, PRESCRIBING CONDITIONS
UPON WHICH THIS RESOLUTION WILL BE EFFECTIVE, DIRECTING
THE CLERK TO RECORD A CERTIFICATE RELATING TO SUCH CAN-
; CELLATION FEE WfiEN RESOLUTION IS EFFECTIVE, REQUIRING
~ PAYMENT IN FULL OF CANCELLATION FEE PRIOR TO THE CANCEL-
~ LATION BECOMING EFFECTIVE; AND PRESCRIBING OTHER CONDI-
I TIONS IN CONNECTION.THEREWITH
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO:
Pursuant to the California Land Conservation Act of 1965, this Council
hereby finde and de[erminea:
1. Hoo Gee and My Sui Hom as landowners of the hereinaf[er described
land have filed a petition with the Council for a cancellation of a
Land Conservation Contract heretofore entered into wiLh the County
of Santa Clara and recorded February 27, 1973. in Book 0254, Pagea
160-170 et aeq. of Official Records of the Recorder of [he County
of Santa Claza, State of California.
2. The land described in said petition and Con[ract is all [hat real
property now in the City of Cupertino, County oE Santa Clara, State
of California, which is described on "Exhibi[ "A" attached hereto and
hereby incorporated into thie resolution; said land is located within
an agricultural preserve.
3. The City Clerk has caused no[ice of a public hearing in said peti[ion
[o be given and published in the manner and within the time required
by law.
4. Tfiis Council, aC the [ime and place men[ioned in such notice or to
which the hearing shall have been continued, has held a public
hearing on such petition and any protest of such cancella[ion and
has received evidence oral and documentary thereof. ,
5. Upon action of the Council herein giving tentative approval herein
to cancellation of said Contract, the County Assesaor of the Coun[y
of Santa Clara certified to thia Council that the cancellation valua[ion
~ of the .land described in said petition for the purpoae of de[ermining
cancellation fee ia $26,103 (twenty six thousand one hundred.three dollars).
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LEGAL DESCRIPTION
~ LANDS OF HOM
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Beginning at a 3/4 inch pipe in the Westerly line of Stellinq Road at the
`tortheasterly corner of that certain 20 acre tract of land conveyed by G.G.
Houret, et ux to John Rivas, by Deed dated October 15, 1929 and recorded
June 13, 1930 in Book 523 of Official Records, at page 259, Santa Clara
County Records, said pipe being distant North 693.33 feet along the westerly
line of Stelling Road from its intersection with the one quarter section
'?ine, running Easterly and Westerly through the center of Section 23,
:'ownshio 7 South, Ranae 2 West, M.D.M., and the Southeasterly corner of
' said 20 acre tract of land; thence from said point of beginning leaving
' Stelling Road and running along the Northerly line of said 20 acre tract
~f land 5.89°57'32"W. 1258.08 feet to a 3/4 inch pipe at the Northwesterly
=orner of said 20 acre tract of land; thence along the Westerly line of
said 20 acre tract of land S.0°08'S5"E.693.33 feet to a 3/4 inch pipe at
=he Southwesterly corner thereof; thence along the Southerly line of said
20 acre tract of land, N.89°57'32"E.449.20 feet to a 3/4 inch pipe; thence
:eaving the Southerly line of said 20 acre tract of land and runninq paral-
lel with the Westerly line of Stelling Road, North 415.41 feet to a 3/4
inch pipe; thence parallel with the Northerly line of said 20 acre tract
~f land 5.89°57'32"W.90.31 feet to a 3/4 inch pipe; thence parallel with
:he Westezly line of Stelling Road, North 257.92 feet to a 3/4 inch pipe
:,hich is distant 20 feet South from the Northerly line of said 20 acre
~ract of land; thence parallel with the Northerly line of said 20 acre
tract of land, N.89°57'32"E.697.39 feet to a 3/4 inch piQe on the Westerly
line of Stelling Road; thence along the westerly line of Stelling Road,
`7orth 20.00 feet to the point of beginning, being a portion of the North-
east one-quarter of Section 23, Township 7 South, Range 2 t4est, Mount
Jiablo Base and Meridian, and being that certain 7.00 acre parcel of land
delineated and so designated on the Mao of Record of Survey of a portion
of the Noztheast one-quarter of said Section 23, which Map is on file
in the office of the Recorder of the County of Santa Clara, State of Cali-
fornia, in Book 79 of Maos, at page 24. "
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I NOW, THEREFORE, pursuant to said Land Conservation Act of 1965:
~ A. The Council determines and certifies to the County Auditor of the County.of
i , Santa Clara, State of California, that the amount the landowners Hoo Gee
and My Sui Hom mus[ pay as deferred taxes upon cancellation of the afore-
i ~ said Contract is
i B. The Council hereby determines that the cancellation of the Land Conservation
I Con[ract is not inconsisten[ with the purposes of the California Land
Conservation Act of 1965. and the cancellation of auch Contract is in the
public interest.
C. By reason of [he foregoing this Council hereby gives tentative approval
to Che cancellation of this Contract, sub,jec[ to the following conditions:
Pursuant to Government Code Sec[ion 51283.3 (a) this.Council
, hereby requires payment in full of [he cancellation fee oY
$26,103 from Hoo Gee and My Sui Hom as landowners, prior to
the cancellation herein becoming effective and until such pay-
ment in full is made, the cancellation of such contract shall
` not be effective; and further, in the event such cancellation
I fee is not paid within 365 days from the date this Resolution
is adopted the provisions of this Resolution and the tentative
approval to cancellation shall be null and void in their en-
j [irety and such petition shall thereupon be deemed denied by
; this Council without pre~udice.
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. D. The City Clerk is hereby directed to record the certificate and notice
, of cancellation provided in Government Code Section 51283.3.
E. Upon payment of the cancellation fee herein provided the City Clerk
shall record with the County Recorder, pursuant to law, a written
certificate of Che release of the lien of such cancellation.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cuper[ino this 4th day of October , 1982. by the following
vote:
Vote Members of the Ci[y Council
AYES: Johnson, Rogers, Sparks, Gatto
NOES: None
ABSENT: plungy
ABSTAIN: None
• ATTEST: APPROVED:
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City Clerk yor City of Cupe ino
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