CC Resolution No. 7069
RESOIlJTION NO. 7069
A RESOIlJTION OF '!HE CITY CXXJNCIL OF THE CITY OF CXJPERl'nro
CERI'IFYING 'ro THE CXXJNTY AUDrroR OF SANTA CUIRA CXXJNTY '!HE
AM:XJNT OF CANCEUATION FEES 'ro BE PAID moN CANCEUATION
OF A rAND Q)NSERVATION (X)NffiAcr, GIVING TENTATIVE APPROVAL
'ro SUCH CANCEUATION, PRESCRIBING OONDITIONS moN WHICH
THIS RESOIlJTION WILL BE EFFECl'IVE, DIRECI'ING '!HE CIERI< 'ro RECORD
A CERI'IFICATE REIATING 'ro suœ CANCEUATION FEE WHEN RESOIlJTION
IS EFFECl'IVE, REQUIRING PAYMENT IN FULL OF CANCEUATION FEE
PRIOR'ro '!HE CANCEUATION BEO:MI:NG EFFECl'IVE; AND
PRESCRIBING OIHER OONDITIONS IN OONNECl'ION 'IHEREWI'lH;
ESTATE OF OONNIE HCM, rAND CDNSERVATION CX>NTRACr NO. 78-902
BE IT RESOLVED BY THE CITY CXXJNCIL OF THE CITY OF CXJPERl'nro:
Pursuant to the California land Conservation Act of 1965, this Council
hereby fims ani determines:
1. Hanson Horn as executor of the hereinafter des=:ibed lani has filed a
petition with the Council for a cancellation of a land Conservation
Contract heretofore entered into with the City of CUpertino and
recorded April 12, 1977 in Cook C732, Pages 499-509 et seq. of
Official Records of the Recorder of the County of santa Clara, state
of California.
2. The land des=:ibed in said petition and Contract is all that real
property now in the city of CUpertino, County of Santa Clara, state of
California, which is des=:ibed on Exhibit "A" attached hereto and
hereby incorporated into this resolution, said land is located within
an agricultural preserve (APN 357-19-001).
3. The City Clerk has caused notice of a public hearing in said petition
to be given and published in the marmer ani within the time required
by law.
4. This Council, at the time ani place mentioned in such notice or to
which the hearing shall have been continued, has held a public hearing
on such petition ani any protest of such cancellation ani has received
evidence oral and documentary thereof.
RESOIlJ'I'ION NO. 7069
5. Upon action of the Council herein givin;J tentative approval herein to
cancellation of said Contract, the Colmty Assessor of the County of
Santa Clara certified to this Council that the cancellation valuation
of the lams des=.ibed in said petition for the purpose of detennining
cancellation fee is $109,087 (one hundred nine thousand and
eighty-seven dollars).
MOO, THEREFORE, pursuant to said I.ani Conservation Act of 1965:
A. '!he Council determines and certifies to the County Auditor of the
county of santa Clara, state of California, that the ~t the
landowners, Hanson Ham as executor of the Estate of Connie Ham, must
pay as deferred taxes upon cancellation of the aforesaid contract is
$109,087.
B. '!he Council hereby determines that the cancellation of the I.ani
Conservation Contract is consistent with the purposes of the
California I.ani Conservation Act of 1965.
C. '!he Council ffnjs as follows:
1. '!he cancellation is for land on which a notice of non-renewal has
been served pursuant to Section 51245.
2. That cancellation is not likely to result in the rem:wal of
adjacent lams iran agricultural use.
3. That cancellation is for an alternative use which is consistent
with the a¡:plicable provisions of the city or county general
plan.
4. That cancellation will not result in discontiguous patterns of
w:ban development.
5. That there is no proxlinate noncontracted land which is both
available and suitable for the use to which it is P.L~ the
contracted land be put, or, that development of the contracted
land would provide mre contiguous patterns of w:ban development
than development of proximate noncontracted land.
RESOI.lJTION NO. 7069
D. By reason of the foregoirq this Council hereby gives tentative
approval to the cancellation of this Contract, subject to the
followirq con:titions:
Pursuant to Government Cede Section 51283.3 (a) this Council
hereby requires payment in full of the cancellation fee of
$109,087 from Hanson Ham as lan::iowner, prior to the cancellation
herein be<::cm1inJ effective am tmti1 such payment in full is made,
the cancellation of such contract shall not be effective; am
further, in the event such cancellation fee is not paid within
365 days frau the date this Resolution is adopted the provisions
of this Resolution am the tentative approval to cancellation
shall be null am void in their entirely am such petition shall
thereupon be deemed denied by this Council without prejudice.
E. The city Clerk is hereby directed to record the certificate am notice
of cancellation as provided in Govemment Cede Section 51283.3
F. Upon payment of the cancellation fee herein provided the city Clerk
shall record with the county Recorder, pursuant to law, a written
certificate of the release of the lien of such cancellation.
PASSED AND AOOPI'ED at
city of CUpertino this
followirq vote:
Vote Members of the City council
a regular meeting of the City council of the
20 day of January , 1987 by the
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
A'ITEST: APFR:>VED:
Isl Dorothy Cornelius
City Clerk
/s/ W. Reed Sparks
Mayor, City of CUpertino
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