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N <br /> the cancellation valuation of the land described in the Contract <br /> for the purpose of determining the cancellation fee is $127,000 . <br /> 5. The City Council hereby determines and certifies to the <br /> County Auditor of the County of Santa Clara, State of California, <br /> that the amount which the landowner,. SEM Developers ,, Inc . ,, a <br /> corporation,: must pay to the CountyTreasurer as deferred taxes <br /> upon cancellation of the aforesaid Contract, is $63,500 . <br /> 6 . The Contract is not illegal by virtue of the Town. <br /> allegedly permitting lots as small as one acre and fully developed <br /> to be placed under a Land Conservation Contract,, and the present <br /> landowner has not been denied equal protection and/or its civil <br /> rights have not been violated by reason that the Town allegedly <br /> permits lots as small as one acre and fully developed to be placed <br /> under a Land Conservation Contract, because the Town upon annexa-. <br /> tion of the land described in Exhibit "A" only succeeded to all <br /> rights , duties and powers of the County of Santa Clara (which has <br /> entered into the Contract with Ethel F. Neary) pursuant to Sub, <br /> - <br /> section (b) of Section 51243 of the Government Code of California. , <br /> 7. The Contract is not illegal by virtue of the entire Town <br /> having been placed within a single agricultural preserve because <br /> the agricultural preserve within which the land described in <br /> Exhibit "A" is located is an agricultural preserve established <br /> by the County of Santa Clara, and not by the City. It is an <br /> agricultural preserve which continued in full effect following . <br /> annexation of the land described in Exhibit "A" pursuant to <br /> Section 51235 of the Government Code of California, and further <br /> because no limitation upon the size of an agricultural preserve <br /> appears in the Land Conservation Act of 1965 . <br /> -3- <br />