HomeMy WebLinkAbout22-89 RESOLUTION NO. 22-89
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
(336-25-005)
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. 336-25-005, described in
Exhibit "A", attached hereto and incorporated herein by reference (herein
called "the PROPERTY"), and recorded on January 31, 1972, in Book 9686 at
Pages 499 to 517, inclusive, 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:
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I. 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 $4,800,000 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 $600,000.
5. The City Council hereby finds that the requirements of Section
51282.1 of the Government Code of California have been complied with, and
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•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 CLE
012389
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APN: 336-25-005
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:
All of Lots 3 and 4, Map of N.J. Stone's Subdivision, filed May 9, 1984, Map
Book H, Pages 58 and 59, Santa Clara County Records.
EXCEPTING THEREFROM the interest in Stonebrook Avenue, conveyed by
Deed from George Neary, et al, to County of Santa Clara , dated October 19,
1950, recorded November 9, 1950, Book 2092, Official Records, Page 348, for
use as a public road and highway.
ALSO EXCEPTING THEREFROM that portion of Parcel One described in the
Deed to Ibrahim D. Saah, et ux, recorded December 21, 1978, Book E 181,
Official Records, Page 421, described as follows:
BEGINNING at an iron pipe set in the southeasterly boundary line of the N.J.
Stone's Subdivision, distant thereon S. 22° 36' 17" W. 700.72 feet from a
granite monument designated L1-L2, as said boundary line, subdivision and
granite monument are shown upon the Map of the M.J. Stone's Subdivision ,
filed for record in Book of Maps, Pages 58 and 59, records of Santa Clara
County; thence from said point 0 beginning along said southeasterly
boundary line S. 22° 36' 17" W. 200.00 feet to an iron pipe set therein;
thence leaving said southeasterly boundary line N. 60° 43' 04" W., 270.67
feet:to an iron pipe; thence N. 32° 33' 50" W. 91.94 feet to an iron pipe;
thence N. 57° 25' 44" E. 138.14 feet to an iron pipe; thence S. 79° 25' 15" E.
115.76 feet to an iron pipe; thence S. 59° 21' 11 E. 153.71 feet to the point
of beginning.
Being a portion of Lot 4 of the hereinabove mentioned N.J.Stone Subdivision
ALSO EXCEPTING THEREFROM that portion of Parcel One described in the
Deed to David B. Johnston, et ux, recorded April 16., 1979, Book E 417,
Official Records, Page 573, described as follows:
Commencing at the corner common to Lots 3 and 4 at the intersection of
Prospect Avenue and Stonebrook Avenue designated Station 22, as said lots
and avenues and station are shown on the Map of the N. J. Stone's
Subdivision filed for record in Book H of Maps, Pages 58 and 59, records of
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APN: 336-25-005
Santa Clara County, said corner bears S. 22° 36' 17" W. 155.76 feet and S. 87°
18' 08" E. 1422.97 feet along the southeasterly and southwesterly lines of
said Lot 3 from a granite monument designated LI-L2 at the most easterly
corner of said Lot 3 of the N.J. Stone Subdivision thence from said point of
commencement S. 66° 00' 16" E. 90.88 feet; thence on a tangent curve to the
right having a radius of 175.00 feet through a central angle of 38° 00' 00"
an arc length of 116.06 feet; thence S. 28° 00' 16" E. 157.70 feet thence N.
61* 59' 44" E. 25.00 feet to an iron pipe at the true point of beginning thence
from said true point of beginning N. 56° 00' 00" E. 141.62 feet to an iron
pipe; thence N. 81° 10'. 00" E. 226.00 feet to an iron pipe; thence S. 49° 20'
00" E. 159.50 feet to an iron pipe; thence S. 31° 30' 00" W. 118.50 feet to an
iron pipe; thence S. 63° 30' 00" W. 161.00 feet to an iron pipe; thence S. 87°
05' 25" W. 164.83 feet to an iron pipe; thence N. 28° 00' 16" W. 194.00 feet
to the true point of beginning.
Being a portion of said Lot 4 of the N.J. Stone's Subdivision.
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