CC Resolution No. 9422• •
RESOLUTION NO. 9422
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING CERTAIN FINDINGS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION WITH THE CANCELLATION OF A
WILLIAMSON ACT CONTRACT RELATING TO REAL
PROPERTY AND ADOPTING A NEGATIVE DECLARATION
THEREOF; CHARLES O. FORGE AND EILEEN HUTCHINS,
CO- TRUSTEES (OTIS F. AND MURIEL N. FORGE) LAND
CONSERVATION CONTRACT NO. 71-907
BE IT RESOLVED by the City Council of the City of Cupertino:
WHEREAS, the Council intends to approve the cancellation of a Williamson Act
Contract relating to real property described on the attached Exhibit "A" (hereinafter
"territory') which Contract was recorded on February 24 and March 1, 1971, in Books
9230 and 9239, Pages 111 and 133 et seq. of Official Records of the Recorder of the
County of Santa Clara, State of California; and
WHEREAS, the California Environmental Quality Act of 1970, as amended
(CEQA), requires that in the approval of a project for which a Negative Declaration has
been prepared, the decision making body must review said Negative Declaration has been
prepared, the decision making body must review said Negative Declaration; and
WHEREAS, a project for such territory was the subject of a Negative Declaration
recommended for Council approval by the Environmental Review Committee and the
Planning Commission;
NOW, THEREFORE, be it resolved that the Council does hereby:
Identify the Project that is mentioned in the resolution as the cancellation of a
Williamson Act Contract and disestablishing the Agricultural Preserve which
relates to real property described on the attached Exhibit "A" (APN 357 -19 -001).
2. Declares that cancellation of the contract and the carrying out of said project in its
approval form will not have a significant effect on the environment.
Resolution No. 9422 •
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Page 2
PASSED AND ADOPTED at regular meeting of the City Council of the City of
Cupertino the 18th day of September, 1995, by the following vote:
Y=
Members of the City Council
AYES:
Bautista, Burnett, Koppel, Dean
NOES:
None
ABSENT:
Sorensen
ABSTAIN:
None
ATTEST:
APPROVED:
City Clerk ! Mayor, City o upertino
resoluWra9422.doc
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FORGE /HOMESTEAD
LEGAL DESCRIPTION
THIS LAND IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA
CLARA, CITY OF CUPERTINO, AND IS DESCRIBED AS FOLLOWS:
BEGINNING at a point in the center line of Homestead Road, distant
thereon South 89 deg. 47 min. West 10.77 chains from an underground
granite monument set at the point of intersection of said center line of
the Homestead Road with the center line of the Saratoga - Sunnyvale Road,
said point of beginning being the Southwesterly corner of that certain
11.254 acre tract conveyed by Henriette Melegari, et vir, to George H.
Briggs, by Deed dated April 21, 1914 and recorded April 24, 1914 in
iVolume 417 of Deeds, at page 39, running thence along the Westerly line
of the tract so conveyed to Briggs, North 0 deg. 20 min. West 10.455
ch 'ns to a stake marked B.M.1 set on the Southerly line of that certain
20.42 acre tract of land conveyed by E. F. Heple, et ux, to Tony Jelesko,
by Deed dated October 29, 1919 and recorded October 29, 1919 in Volume
496 of Deeds, at page 250; running thence along the Southerly line of
land so conveyed to Jelesko, South 89 deg. 47 min. West 9.30 chains to a
4" x 4' post marked G.2 set on the Easterly line of that certain 20 acre
tract of land conveyed to Bank of America National Trust and Savings
Association, by Trustee's Deed dated December 13, 1935 and recorded
De fiber 17, 1935, under Recorder's Serial Number 64645; running thence
Southerly along said last mentioned Easterly line, 10.455 chains to the
center line of Homestead Road; thence along said center line of Homestead
Road, North 89 deg. 47 min. East 9.30 chains to the point of beginning.