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HomeMy WebLinkAbout1359 • • • RESOLUTION NO. 1359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS ORDERING .TENTATIVE CANCELLATION OF THE CONTRACT OF JOHN M. FOWLE AND ELEANOR C. FOWLE 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 M. Fowle and Eleanor C. Fowle, his wife, 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 197 at Page 524 of the Official Records of the Santa Clara County Recorder; and • WHEREAS, John M. Fowle and Eleanor C. Fowle thereafter petitioned that the Contract described above be cancelled; and WHEREAS,. on May 20 , 1981, the City Council adopted Resolution No. 1351 setting the time and place of hearing on the proposed can- cellation of the above-described Contract under the Williamson Act; and . WHEREAS , the City Council on June 3, 1981 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 at the conclusion thereof took the matter under advisement and continued the matter until June 15 , 1981, • NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows : • • • ® • • • 1. That the City Clerk caused- Notice of the Public Hearing to be made by: (a) Publication of Notice of Public- Hearing on May 22 , 1981, in the PENINSULA TIMES-TRIBUNE , a newspaper of • • general circulation published nearest to the City of the Town of Los Altos Hills, no newspaper of general circulation 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 the same agricultural preserve as the PROPERTY, and within one mile of the exterior boundary of the PROPERTY. 2 . That the cancellation petitioned for is not inconsistent with the purposes of the California Land Conservation Act of 1965 , as amended, and the cancellation of, the Contract above-described is in the public interest, respectively, based upon the following express findings : • (a) Because of the small size of the PROPERTY and the high labor rate, the agricultural use of the PROPERTY is not economically feasible . (b) There is no other reasonable or comparable agricultural use -to which the PROPERTY may be put. (c) The City of Palo Alto is industrializing the land adjacent to the PROPERTY at a much more intense- pace than anticipated. With this growth the problem • of housing in the area is becoming more critical . -2- • . ; • • 3. The continued dedication of the PROPERTY under the contract described above is neither necessary nor desirable for the purposes of the Land Conservation Act of 1965 , as amended, based upon the findings set forth in Paragraph 2 , and based, further, upon the offer of the dedication .of a portion of the PROPERTY adjacent to Old Trace Lane as a scenic corridor as described hereafter. 4 . 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 $108 ,105 . 00 and has certified the product of multiplyingthe full cash value by the most recent County ratio announced pursuant to Section 401 of the Revenue and Taxation Code of California as the cancellation value of the PROPERTY to be $27,026 . 00 for the purpose of determining the cancella- - tion fee. • - 5 . That the amount of the cancellation fee to paid by jOHN _M. FOWLE andELEANOR C. FOWLEV-to the County Treasurer of Santa Clara - County as,-deferred taxes upon cancellation is determined to be the sum of $13,513 . 00, and that no additional cancellation fee determined in the manner set forth in' Section 51283 .1 of the Government Code of California is found to be owing; provided, however, the City Council further finds and determines that the payment of the, cancellation fee be, and it hereby is waived (subject to approval by the Secretary of • the Resources Agency) by reason of such waiver as being in the public interest because of the requirement of dedication and improvement of ' the scenic corridor for open space purposes hereafter described. 6. That JOHN M. FOWLE and ELEANOR C. FOWLE have offered to dedicate to the City of the Town of Los Altos Hills a portion of the • -3 • - • • PROPERTY adjacent to Old Trace Lane as and for a scenic corridor and have further offered to pay now, the cost of (i) a planting program of landscaping for the scenic corridor, and (ii) equestrian or pedestrian paths along Old Trace Lane and Fremont Road. 7. That the offer described in Paragraph 6 should be accepted and implemented because it will make available open space areas with access for equestrian and pedestrian users immediately rather than at some time in the future , and, further, that it will make available open space on a permanent basis to the residents of the City of the Town of Los Altos Hills rather than potentially on a temporary basis only as provided in the Contract described above. IT IS HEREBY FURTHER ORDERED .as follows : 8 . The City Clerk be', and he hereby is authorized and directed to record in the Office of the County Recorder of Santa Clara County a certificate, 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, unless the waiver is approved by the Secretary of the Resources Agency, and a legal description of the PROPERTY. Provided, however, prior to the recording of the Certificate by the City Clerk, JOHN M. FOWLE and ELEANOR C. FOWLE shall enter into an Agreement with the City of the Town of Los Altos Hills,, in form satisfactory to the said City, wherein JOHN M. FOWLE and ELEANOR C. FOWLE shall dedicate the portion of the PROPERTY for a scenic corridor agreed upon by the parties , and wherein JOHN M. FOWLE and ELEANOR C. FOWLE shall agree to pay all costs for landscaping, and equestrian and pedestrian paths therein (but which amount shall not be less than the amount of the cancellation fee set forth above) . -4- 4 • Provided, further, that the acceptance of the offer of dedication of .a portion of the PROPERTY for a scenic corridor shall be independent of any condition placed upon any future subdivision of the remainder of the PROPERTY,. and all improvements to the proposed scenic corridor shall be done to the standards of the City of the Town of Los Altos Hills and for the benefit of all the Town's residents . 9 . The City .Clerk shall record With 'the County Recorder a written certificate of 'the release in' whole or in part of the lien created by the cancellation fee upon payment of the cancellation fee if the Secretary of the Resources Agency does not concur in the waiver • of the cancellation fee bythe City Council. REGULARLY passed and adopted this 15th day of June, 1981. • • • BY / / Mayor I ATTEST: . • • • • City Clerk • • -5 • S All that certainarcel of land situate in the Cityof the P 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. 00°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 e n entitled, "Map of the North Portion of the Rancho La r 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"