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HomeMy WebLinkAbout21-89 RESOLUTION NO. 21-89 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ORDERING THE TENTATIVE APPROVAL OF THE CANCELLATION OF A CONTRACT UNDER THE WILLIAMSON ACT (APN 336-22-1O) RESOLVED, by the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, heretofore DAIWA HOUSE INDUSTRY, or its predecessors in title (herein called "the OWNERS"), entered into a Land Conservation Contract . with the Town of Los Altos Hills under the California Land Conservation Act of 1965, as amended, also known as the Williamson Act, relating to certain agricultural land identified as Assessor's Parcel No. 336-22-10, described in Exhibit "A", attached hereto and incorporated herein by reference (herein called "the PROPERTY"), and recorded on February 28, 1969, in Book 8451 at Pages 351 of the Official Records of the Santa Clara County Recorder; and WHEREAS, the OWNERS thereafter petitioned that the Contract described above be cancelled pursuant to Section 51282 of the Government Code of California; and WHEREAS, on January 18, 1989, the City Council adopted Resolution No. 9-89 setting the time and place of Hearing on the proposed cancellation of the above-described Contract under the Williamson Act; and WHEREAS, the City Council of February 1, 1989, conducted a Public Hearing on the matter of the petition for cancellation of the Contract described above and at which time it heard from persons favoring or protesting cancellation of the Contract, NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED, AND DETERMINED as follows: 1 44, • 1. That the City Clerk caused Notice of the Public Hearing to be made by: (a) Publication of Notice of Public Hearing on February 1, 1989, in the PENINSULA TIMES-TRIBUNE, a newspaper of general circulation published nearest to the Town of Los Altos Hills, no newspaper of general circulation being published within the said Town; and (b) Mailing of Notice of Public Hearing to the Director of Conservation and to each and every owner of land under Contract pursuant to the Williamson Act, any portion of which land is situated within the same agricultural preserve as the PROPERTY, and within one mile of the exterior boundary of the PROPERTY. 2. That on the effective date of Section 51282.2 of the Government Code of California, the Town of Los Altos Hills has within its boundaries less than 300 acres of land which are under Contract pursuant to the Williamson Act. 3. The County Assessor of Santa Clara County has determined the full cash value of the PROPERTY as though it were free of the Contractural restriction to be the amount of $1,600,000 and has certified the cancellation fee to the Town. 4. That the amount of the cancellation fee to be paid by the OWNERS to the County Treasurer of Santa Clara County as deferred taxes upon cancellation is determined to be the sum of $200,000. 5. The City Council hereby finds that the requirements of Section 51282.1 of the Government Code of California have been complied with, and 2 • • the City Council hereby grants tentative approval of the cancellation of the above-described Contract. IT IS HEREBY FURTHER ORDERED as follows: 6. The City Clerk be and she hereby is authorized and directed to record in the Office of the County Recorder of Santa Clara County a Certificate and Notice of Cancellation, which shall set forth the name of the owner of such land at the time the Contract was cancelled with the amount of the cancellation fee certified by the City Council as being due, and a legal description of the PROPERTY. 7. The City Clerk shall record with the County Recorder a written Certificate of the release of the lien created by the cancellation fee upon payment of the cancellation fee. REGULARLY passed and adopted this 1st day of February, 1989. BY MAYOR ATTEST: CITY CLERK 012389 3 411/ • APN: 336-22-010 LEGAL DESCRIPTION: All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: BEGINNING at a point in the southwesterly line of the Junipero Serra Freeway at the intersection thereof with the southeasterly line of the parcel conveyed to Clyde L. Boice, et ux, recorded December 7, 1964, Book 6768, Official Records, Page 84; thence from said point of beginning S. 61° 17' 55" W., along the southeasterly line of said Boice parcel, 118.30 feet to the southerly corner thereof in the southwesterly line of the parcel conveyed to the State of California by deed recorded November 20, 1961, Book 5370 Official Records, Page 152; thence S. 28° 42' 05" E., along said southwesterly line 1802.03 feet to the southerly corner of last parcel; thence N. 23° 30' 52" E., along the southeasterly line of the parcel so conveyed to the State of California, 572,83 feet to a point in the southwesterly line of said Freeway above referred to; thence northwesterly along last said line the following courses and distances: along a curve to the right with a radius of 2600.00 feet, an arc distance of 16.22 feet; thence N. 550 10' 22" W. 428.04 feet; thence N. 44° 16' 48" W., 311.50 feet; thence N. 28° 20' 00" W., 268.54 feet; thence N. 33° 40' 15" W., 259.77 feet; thence N. 39° 49' 48" W., 166.00 feet; and thence N. 28° 35' 58" W., 63.14 feet to the point of beginning.