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HomeMy WebLinkAbout1461 t .. •+ • ' RESOLUTION NO. 1461 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 JOHN and ELEANOR FOWLE, or their predecessors in title . (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 agricultural land identified as Assessor 's Parcel No. 175-32-008 , described in Exhibit "A" , attached hereto and incorporated herein by reference (herein called "the PROPERTY") , and, recorded on January 16, 1973, in Book 0197 at Page 524, inclusive, of the Official Records of the Santa Clara County Recorder ; and WHEREAS , the OWNERS thereafter petitioned that the Contract des- cribed 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 cancella- tion of the above-described Contract under the Williamson Act; and WHEREAS , the City Council on July 21, 1982, 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: . a • S 1. That the City Clerk caused Notice of the Public Hearing to be made .by (a) Publication of Notice of Public . Hearing on June 22, 1982, in the Peninsula Times-Tribune, a newspaper of general circulation published nearestto the City of the Town of Los Altos Hills , no newspaper of general cir- culation being published within the said City; and (b) Mailing of Notice of Public. Hearing to each and every owner of land under .contract pursuant to the Williamson Act, any portion of which land is situated within thesame 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 City of the Town of Los AltosHills- has within its boundaries less than 300 acres of land which are undercontract 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 contrac- tural restriction to be the amount of $84,996. 00 and has certified the cancellation fee to the City. - 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 tobe the sum of $10 ,625.00. 5. The City Council hereby finds that the requirements of Section . 51282.1 of the . Government Code of California have been complied with, and the City Council hereby. grants tentative approval of the cancella- tion of the above-described Contract. -2- 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 andNotice 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 thecancellation fee upon payment of the cancellation fee.. REGULARLY passed and adopted this 21st day of July, 1982.. Mayor ATTEST: City Clerk -3- •ter • ._ • All that certain parcel of land situate in the City of the . Town of Los Altos Hills , County of Santa Clara, State of California, particularly described as follows : • • Beginning at a point which is the most southeasterly• corner of the Briones Partition of 16 . 99 acre tract as said Tract is shown and delineated upon that certain Map entitled "Map of a partition of 16 . 99 acres ,in the Rancho La Purissima Concepcion, belonging to the Estate of Juana Briones de Miranda, deceased" , and which said Map was filed December 19 , 1903 in the Office of .the County Recorder of. the County of Santa Clara, State of• California,. in Volume. "F3" of Maps , Page 47, said point of beginning being original corner "A" marked by a 3/4 inch iron pipe; thence N. 0.0°40 ' E. along the easterly line of said Briones Partition of 16 . 99' acres , 10 . 316 chains to the southwesterly corner of that 0 . 18 acre tract conveyed' by Alvino J. Mesa to Edith C. Eaton by Deed dated January 7, 1925 and recorded January 10 , 1925 in Book 123 of Official Records , Page 192, from•which a 3/4 inch iron pipe , bears N. 0°40 ' 'E. 7 . 74 feet; thence .along the ' southerly line of said 0•.18 acre tract (or strip) S . 75°08 ' E. 16 . 028 chains to a point from which the southwesterly corner of a 40 .10 acre tract now or formerly the property • of Charles P. Knott bears N. 7°34 ' W. 8 . 11 feet; thence S . 7°34 ' E. 8. 457 chains to a point , and thence. N. 89°20 ' W. 16 . 40 chains to the place of beginning. Containing 13 .23 acres of land- and being .a portion of the original Lot 7, ' as said lot is shown and delineated -upon that certain Map entitled, "Map of the Northern Portion of the Rancho La Purissima Concepcion, subdivided by order of the Juana Briones de Miranda" , and which' said map was recorded November 3, 1900 , in the Office of the County Recorder of • the County of Santa' Clara, State of California, in Volume. . "I" of Maps., Page 149 . • • • • • • • • EXHIBIT "A" • ••