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HomeMy WebLinkAbout1554 V RESOLUTION NO. 1554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE • TOWN OF LOS ALTOS HILLS ORDERING THE TENTATIVE APPROVAL OF THE CANCELLATION OF A CONTRACT UNDER THE WILLIAMSON ACT RESOLVED, by the City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS , heretofore ALAN KINKEAD and MARGARET AMES KINKEAD, or theirP redecessors in- (herein herein called "the OWNERS") , entered into a Land Conservation Contract with the City of 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 agri- cultural land identified as Assessor' s Parcel No. 182-02-012, de- scribed in Exhibit "A" , attached hereto and incorporated herein by. reference (herein called "the PROPERTY") , and recorded on_ February 27 , 1975 ,_ in Book 297 . at Page 620 of the SantaClara County and of the Recorder; Official Records WHEREAS , the OWNERS thereafter petitioned that the Contract de- scribed above be cancelled pursuant to Section 51282. 1 of the Government Code of California; and WHEREAS, on June 16, 1982 , the City Council adopted Resolution No. 1446 setting the time and place of hearing on the proposed cancellation of the above-described Contract under the Williamson Act; and WHEREAS, on July 21, 1982, the public hearing which had been scheduled on the petition for cancellation of the Contract described above was continued, and thereafter again was continued from time to time until April 20, 1983 ; and • • WHEREAS, the City Council on April 20 ,- 1983, 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; and WHEREAS, at the time of the Public Hearing the OWNERS requested ; that the Contract above described not be cancelled as to the entire property described therein, but that the Contract be cancelled as to a portion of the- property described therein, namely, as to a 4 . 387 acre parcel, more or less, immediately surrounding the existing dwelling on the PROPERTY, and'whichportionis -more-particularly described-in Exhibit "B"-, -attached`.hereto and 'incorporated-Therein by reference, NOW, THEREFORE, IT IS HEREBY--FOUND,-ORDERED AND -'DETERMINED as - follows : - _ _ - - 1. That - the -City Clerk cause Notice of the Public- Hearing to --- - - be made b _ _ (a) -- Publication of Notice -of`Public Hearing ori June- 22-, 1982 , in the PENINSULA TIMES-TRIBUNE, a newspaper of general circulation ptthlished-nearest to the City Of the Town of Lois -Altos Hills, no newspaper of general circulation being published "within the-said -City; -and T-- (b) Mailing of Notice of Public Hearing -to eachand 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- 2. That on the effective date of Section 51282 . 2 of the Government Code of California the City of 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 portion of the property described in Exhibit "B" as though it were free of the contractural restriction to be the amount of $ 17 ,939 :74 , and -has certified the cancellation fee - to the City. 4. That the --amount Of the -Cancellation.- fee to be paid by th-e- OWNERS to the CoUnty Treasurer--of Santa -Clara- County as deferred -taXes - _ -- - upon cancellation is -det-e-rMined -to be the 5. The City Council hereby finds that the requirements of Section 51282. 1 of the Gove-rnifient-Code of California have-156-6n -- and the City Council*hereby grants tentative approval of the cancellation of the above-described Cc;'ntrabti-nSOfar as it rela:Ees to -the portion of the PROPERTY described 'in Exhibit "B" - r.' 6. The City Cre-tk-be- and 'She'hereby-is au:thotited -ariddirected-- -- - to record in the Office of -the----dounty- Re-cordef• bfSä IáCbüfl9 " a Certificate and Notice- of Cgiiceliatib-E,' which --shall' set- 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 portion of the PROPERTY- described in Exhibit "B" . - , - -3- r I, 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 20th day of April, 1983. By W LUqs Mayor ATTEST: ) : City Clerk 2 -4-