CC Resolution No. 6763
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ItESOLLlPIC1r1 N0.6763
A RE.'SOIUPI~I OF ~ CITY OJIJNCIL OF 2~ CPPY OF QJPF.RTII40
CQZI'gYII~IG Rl~ Tf~ aQJNPY AUDZTOR OF SANPn CLARA OOUNPY
~ AM~UNP OF CANC.E[Ta'i'r~I E~SS 4U SE PAID ZTYON CANC.ELA'~'r~1
OF A IAND ~f1SE3ZVATI~I ~OfIPRACP, GIVING TFNI~TIVE APPRpVAL
Z~D SU~i CANc~r.rAmrON, PRFSCRIBING aONDIfiI~iS UPON WfIIQi
'II~IIS RFSOI37FI~I tJrLL BE EFFflC1IVE~ DIRECPING ~ CLII2K
'IO RDOORD A CEETQ~FICATE RIIATING ZU SUQi (~Nf~A'r'i~I
FEE Wf~3J F2F50IIl~l~i IS EFF~X..TIVE~ ~tII~1G PAS~2~lP IN E[T7.~~
OF C~1NC~LLLATI~1 FEE PRI~t TO ~ CAN('.ELA'f*r~1 HEOQ~IG
EFFE(:I'IVE i 2~ND PRFSCRIBIIdf'a O~I~~2 QONDI'PI~IS
IN OODIIIS(.'rI~I ~i
HE IT RFSOLUID by the Cauicil oP tha City of Npertino:
PuYSUant to the California Land Consexvation Act of 1965, this ~ouncil
hernby firrLs ar~d detetmines:
1. Marshall ar~d Kit Fong Mok as lartidowrters of tha he.reinafter described
land have filed a petition with the Cau~cil for a cancellation of a
I~rrl Oonse,rvation Contract heretofore entered into with the Ootuity of
Santa Clara arxl z~eoozded Febzvaxy 27, 1973 in Hook 0254, Pages 148 et
seq. of Official Recozds oE the Recazder of the Caunty oP Santa Clara,
State of California.
2. 'Ihe land described in said petition ar~d Contract is all that real
prapexty in the City of C~ertino, County oP Santa Clara, State of
t~lifornia, which is described on ~chibit '~A° attached hereto and
herel~Y incozporated into this resolution; said land is located within
an agricultural pre.serve.
3. Zhe City Clerk has cau.sed notioe of a public hearir~g in said petition
to be given and published in the maruier azxi within the time required
by law.
4. Zhis oouncil, at the time ar~d place mentioned in such notice or to
which the hearing shall have been oontimied, has held a public hearitxJ
on such patition arxi ar~y protest of such cancellation ar~d has received
evidence oral and doc~unentary thereof.
5. tTpo~ actiar? of the oa~cil herein givinq tentative appmval herein to
can~ellation of said Cbntract, tha C~ounty Assessor of the Oounty of
Santa Clara certified to this Cauticil that the canoellation valuation
of the larrd described in said petition for tha purpose of datezmining
cancellatia~ fee is $14,544 (fcurteen thousarxi five hundred forty-four
dollars).
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NC7F1, 2i~E2EFORE, pursuant to said Iand Qonsezvation Act of 1965:
A. The Oo~n'icil dete~mines and certifies to tha Caunty Auditor of the
Oauity of Santa Clara, State of California, that the a~t the
lanlawnezs Mazshal and Kit Fonn Mok must pay as deferned taxes upon
cat~cellation of the aforesaid Oontract is $14,544.
B• Zhe Cau~cil hereby determiries that tha canoellation of tha Ianl
Doaise.rvati~ oontract is not inoo~.sistent with the putposes of the
California land oonservation pct of 1965, and the cancellation of such
oo~tract is in the public interest.
2he determination of consistency is made based upon the followirig
sub-Eir~ditx~s:
Fir~dings relative to oonsie,tei~cy with the Act.
aj A notioe of non renewa], r,ras x,eoord,ed pe~mber 3, 1981.
b) Adjacent lands are not used for agricultural puipo~es.
o) Zhe proposed use for the site is Residential which ie ow~sistent
with the Gene,tal Plan.
d) Zhe site is surrouixied by develope3 properties with the exception
of a 1.9 acre property to the north which can be characterized as a
partially developed residential property. The car~ceilation will not
result in a disoontiguous pattern of urban develognent.
e) The 3.4 acre site is located in a develaped residential area of
the City. Other s?nall "island.s" of urr.levelapeci Properties, which are
Pn»cimate to the subject site, are in the pzvicess of developnent With
the exoepti~ of small vacant residentially zoned vacant lots, there
are r~ piroximate residentially designated praperties which can
substitute for the pro~~sed use.
Finciings relative to the determination of public interest.
a) Zhe abjective of providing land for needed housir~q and the r~ed
to occa~lete a needed street systan to pzwide safe aooess to the
surro~uxii.t~q neic,~borhood warrants the catx:ellation of the contract.
C• BY reason oP the Poregoing this Oau~cil herel~y gives tentative
aPP~l to the cancellation oE this Oontract, subject to the
follcwi~ oomditia¢~s;
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, Pursuant to Goverrm~ent Oode Sectio~? 51283.3(a) this Cau~cil
~~Y ~N~ FaY~ af the cat~oellatioai fea of
I $14, 544 fi~nn ~uir~t,a~ 1 and Kit Fcmg Mok as laz~lowr~.rs, prior to
tha canoellation herein beoaning effective and imtil such payment
in Pull ia made, the cancellation of such oontract shall not be
effectivet and Y~u-ther, in the event such caricellation fee is r~t
pata witnin one year fmn tne aate tnis Resolution is aaopt.ea tne
provisions of this Resolution airl the tentative approval to
car~cellation shall be riull and void in their entirety and such
~ petition shall thernupon be dee~~ed denied by this Council with
i Fme
jtaciice.
D. 'Iha City Clerk is here.by direct.ed to reoo~l tha certificate nnd notioe
; of canoellation provided in C,we.rmnent Ooda Section 51283.3.
E. LJix~ payment of the cancellation fee herein provided the City Clerk
shall z~ecortl with the Oamty R,eoorder, pursuant to law, a written
certificate oE the releasa oP the lien of such cancellation.
PASSID AND ADOFI~D at a regular meeti~ of the City Cour?cil of the
City of GLipertino this 3zd day of Febzvary, 1986 by the followirg vote:
Vote fembex's of the City Council
AYFS: Gatto, Jahnson, P1wx~Y~ Sparks. Ro4ers
NOES: Nona
AffiIIJP: None
ABSrAIN: Naa1e
APPR0~7ED:
y
, City of ~
ATPEST:
\ ~ `
c Ct~ ~s '
City C1etk
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"SOUTH STEL(.ING ROAD - 85 ~S"
(itOK)
All that certain real property situate in tl{e County of Santa Clara, State of
California, more particularly described as follows:
Being a portion of Lot C as shown on Chat certain Record of Survey Map recorded
in 8ook 79 of Maps, page 24, Santa Clara County, more par~lcularly described as
follows:
Beginning at the southwest corner of said "Lot C" as shown on the aforementioned
Record of Survey Map, said corner being the intersection of that certain annexatlon
to the City of Cupertino entitled "South Stelling Raad 81-3" with that certain
reorganization entitled "San Jose/Cupertino Municipal Reorganizatlon" dated July
1, 1919;
Thence NORTH, 415.41 feet along the westerly boundary of said "Loc C" a~d the
easterly boundary of said annexation "South Stelling Road 81-3";
Thence along the northerly boundary of said "Lot C" Che following bearings and
dis[ances:
N 89 °57'32" E, 174.69 feet;
N 45 °00'E, 142.06 feet;
N 88 °09'OS" E. 27.28 feet;
Thence S 40°43'49" E, 337.54 feet along the boundary of land canveyed Co the
State of California by instrument recorded November 22, 1960 in Book 4989, page
340 of Official Records of Santa Clara County, to the center line of Eiegnart
Creek;
Thence along the boundaries common to the southerly boundary of said "Lot C"
and [he northaes[erly boundary of that certain annexation to the City of Cup-
ertino ent:tled "Orogrande 19-7" the folloving bearings and distances:
S 35°15' W, 38.89 feet;
S 74 °52' W, 53.11 feet;
S SS °05' W, 53.74 feet;
N 70 °26' W, 51.36 feet;
S 70 °31' W, 93.12 Eeet;
S 58 °29' W, 115.35 feet;
S 12 °43' W, 61.52 feet;
S 34 °20'48" W, 60.86 feet;
Thenee S 89 °57'32" W, 121.92 feet along said southerly boundary of "Lot C"
and che boundary of said San Jose /Cupertino Municipal Reorganization to the
Point of Beginning.
- Containing: 3.49 aeres more or lesa
A.P.N.•9 362-17-3
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