CC Resolution No. 9423• •
RESOLUTION NO. 9423
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 UPON CANCELLATION
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
CANCELLATION FEE WHEN RESOLUTION IS EFFECTIVE,
REQUIRING PAYMENT IN FULL OF CANCELLATION FEE
PRIOR TO THE CANCELLATION BECOMING EFFECTIVE;
AND PRESCRIBING OTHER CONDITIONS IN CONNECTION
THEREWITH; 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:
Pursuant to the California Land Conservation Act of 1965, this Council hereby
finds and determines:
Charles 0. Forge and Eileen Hutchins, Co- Trustees (Otis F. and Muriel N. Forge),
owners of the hereinafter described land have filed a petition with the Council for
a cancellation of a Land Conservation Contract heretofore entered into with the
City of Cupertino and recorded on February 24 and March 1, 1971, in Books
9230 and 9239, Pages I I I and 133 et seq. of Official Records of the Recorder of
the County of Santa Clara, State of California.
2. The land described in said petition and Contract is all real property now in the
City of Cupertino, County of Santa Clara, State of California, which is described
on Exhibit A" attached hereto and hereby incorporated into this resolution, said
land is located within an agricultural preserve (APN 323 -36 -020).
Resolution No. 9423 •
• Page 2
3. The City Clerk has caused notice of a public hearing in said petition to be given
and published in the manner and within the time required by law.
4. This Council, at the time and place mentioned 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 cancellation 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 Assessor of the County of Santa Clara certified to
this Council that the cancellation valuation of the lands described in said petition
for the purpose of determining cancellation fee is $480,792 (Four Hundred Eighty
Thousand Seven Hundred Ninety-Two Dollars).
NOW THEREFORE, pursuant to said Land Conservation Act of 1965:
A. The Council determines and certifies to the County Auditor of the County of
Santa Clara, State of California, that the amount the landowners, Charles O.
Forge and Eileen Hutchins, Co- Trustees (Otis F. and Muriel N. Forge), must pay
as deferred taxes upon cancellation of the aforesaid contract is $480,792 (Four
Hundred Eighty Thousand Seven Hundred Ninety-Two Dollars).
B. The Council hereby determines that the cancellation of the Land Conservation
Contract is consistent with the purposes of the California Land Conservation Act
of 1965.
C. The Council finds as follows:
1. The cancellation is for land on which a notice of non - renewal has been
served pursuant to Section 51245.
2. That cancellation is not likely to result in the removal of adjacent lands
from agricultural use.
3. That cancellation is for an alternative use which is consistent with the
applicable provisions of the city or county general plan.
4. That cancellation will not result in discontiguous patterns of urban
development.
5. That there is no proximate noncontracted land which is both available and
• Resolution No. 9423 • • Page 3
suitable for the use to which it is proposed the contracted land be put, or,
that development of the contracted land would provide more contiguous
patterns of urban development than development of proximate
noncontracted land.
D. By reason of the foregoing this Council hereby gives tentative approval to the
cancellation of this Contract, subject to the following conditions:
Pursuant to Government Code Section 51283.3 (a) this Council hereby
requires payment in full of the cancellation fee of $480,792 (Four Hundred Eighty
Thousand Seven Hundred Ninety -Two Dollars) from Charles 0. Forge and Eileen
Hutchins, Co- Trustees (Otis F. and Muriel N. Forge) as landowners, prior to the
cancellation herein becoming effective and until such payment in full is made, the
cancellation of such contract shall not be effective; and further, in the event such
cancellation 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 entirely and such petition shall
thereupon be deemed denied by this Council without prejudice.
E. The City Clerk is hereby directed to record the certificate and notice of
cancellation as provided in Government Code Section 51283.3.
F. Upon payment of the cancellation fee herein provided the City Clerk shall record
with the County Recorder, pursuant to law, a written certificate of the release of
the lien of such cancellation.
PASSED AND ADOPTED at regular meeting of the City Council of the City
of Cupertino this 18th day of September, 1995, by the following vote:
ys" Members of the City Cguncil
AYES: Bautista, Bumett, Koppel, Dean
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APP
City Clerk Mayor, City Cupertino
mw1utive:9423.doc
P030PAGE 0437 P'so 7' 7_3
NO FEE IN ACCORDANCE CERTIFICATE AND NOTICE OF CANCELLATION
WITH 60V GODS 610th PURSUANT TO
CALIFORNIA LAND CONSERVATION ACT OF 1965
Pursuant to the California Land Conservation Act of 1965, the undersigned Kimberly
Smith, City Clerk of the City of Cupertino does hereby give notice of cancellation of the
following described Contract hereunder and certifies:
1. The City of Cupertino and Otis F. and Muriel N. Forge (Charles O. Forge
and Eileen Hutchins, Co -Trustees) 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 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, covering all land hereinafter described.
2. By and upon adoption of Resolution No. 9423 of the Council of the City
of Cupertino, adopted September 18, 1995, subject to the conditions therein set forth such
Contract was canceled.
4. 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 $480,792 (Four Hundred Eighty Thousand
Seven Hundred Ninety -Two Dollars).
5. There are no contingencies of waivers or deferment of payments except
the following:
Full Payment before Cancellation Effective. City Council Resolution No. 9423
canceling said Contract specifically provided that payment in full of the cancellation fee
of $480,792 (Four Hundred Eighty Thousand Seven Hundred Ninety -Two Dollars) was
required of Charles O Forge and Eileen Hutchins, Co -Trustees, owner (or owner and
successor in interest of the interest of the deceased Otis F. and Muriel N. 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 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.
6. Permits. All permits necessary to commence the project shall be obtained.
7. 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 determination that conditions and contingencies
0"'6 1 G IN 'A' L
030PA6E0436
have been satisfied, the Council shall execute a certificate of cancellation of contract and
cause the same to be recorded.
8. If the landowner is unable to comply with conditions and contingencies
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.
9. 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:
Kimberly Smith
City Clerk
City of Cupertino
williamnTertifi.doc
PO3OPAGE0439
E::hLhiL ;%
FORGE/HOMESTEAD
LEGAL DESCRIPTION
THIS LAND IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTr.
CLAR.A, 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
Volume 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
cr '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
Sou,-herly 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.
P030PAGE0440
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 20, 1995, before, me, Roberta Ann Wolfe, Notary Public, personally appeared
Kimberly Smith, personally known to me to be the
person whose name is subscribed to the within
instrument and acknowledged to me that she
executed the same in her authorized capacities and
ROBERTA ANN WOLFE that by her signature on the instrument the person,
Comm. No. 996834 D or the entity upon behalf of which the person
NOTARY PUBLIC - CALIFORNIA n
a LL> acted, executed the instrument.
SANTA CLARA COUNTY
2.
My Commission Expires June 11, 1997
WITN �S my hand and official seal.
ignature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
CORPORATE OFFICER
City Clerk Certificate and Notice of Cancellation
TITLE Pursuant to California Land Conservation Act of
1965
TITLE OR TYPE OF DOCUMENT
❑PARTNERS ❑LIMITED
❑GENERAL
ATTORNEY-IN-FACT
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR 2
❑OTHER NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
City of Cupertino
September 20, 1995
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE