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HomeMy WebLinkAboutCity Council Resolution 07-062Recording requested by, and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, California 95070 ~IllllElllldll'IIBIIIYIIIIIIIIf Pages Fees.... ~ No Fees Taxes... Copies . AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 006 10/04/2007 424 PM RESOLUTION NO. 07-062 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA WITHDRAWING THE NOTICE OF NONRENEWAL OF LAND CONSERVATION CONTRACT WHEREAS, the City Council adopted Resolution No. 06-078 on October 18, 2006 approving annexation to the City of Saratoga of a property located at 22490 Mt. Eden Road (APN 503-09-003) owned by South Thunder, LLC; and WHEREAS, the annexation was to become effective upon recordation of an offer of dedication of trail easement; and WHEREAS, the Offer to Dedicate the Trail Easement on two properties owned by South Thunder, LLC (APN 503-09-003 and APN 503-80-004) was recorded by the County of Santa Clara Recorder's Office on July 16, 2007 at 3:51 PM; and WHEREAS, the City's Resolution No. 07-033 accepting offer to dedicate trail easement was recorded by the County of Santa Clara Recorder's Office on July 16, 2007 at 3:54 PM; and WHEREAS, pursuant to Government Code Section 51230 the City finds that this small preserve at 22490 Mt. Eden Rd. is necessary due to the unique characteristics of the irrigated pastures, open space, and equestrian trails on the property and is consistent with the City's General Plan; and WHEREAS, the County of Santa Clara recorded a Notice of Nonrenewal of Land Conservation Contract, Document Number 19513047 on July 16, 2007 at 10:38 AM; and WHEREAS, the territory is restricted by Williamson Act Contract, and upon annexation of said territory becoming effective the City of Saratoga succeeded to the contract pursuant to the Government Code Section 51243; and WHEREAS, pursuant to the Government Code Section 51245 the City may withdraw the notice of nonrenewal of agricultural land preservation contract; and WHEREAS, pursuant to the policies C0.2.2 and C0.2.3 of the City of Saratoga General Plan it is the established practice of the City of Saratoga to encourage Williamson Act Contract on land within the City limits and discourages the Williamson Act Contract cancellations to the maximum extent feasible. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Pursuant to the Government Code Section 51245 the City hereby withdraws the Notice of Nonrenewal of Land Conservation Contract No. 93.005 recorded in the Santa Clara County Recorder's Office on July 16, 2007; and 2. Authorizes and directs City Clerk to record this Resolution. 3. Authorizes and directs the City Clerk to send copies of the recorded Resolution to the Santa Clara County Assessor's office, Santa Clara County Office of Planning and Development Services, and the California Department of Land Conservation. Passed and adopted by on the 3rd day of October, 2007. by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: Councilmembers Jill Hunter, Kathleen King, Jill Hunter, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao NOES: ABSENT: ABSTAIN: ~~ Aileen Kao, Mayor City of Saratoga Attest: ~ ~~ ~~~~ Cathleen Boyer, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sa N'~~C ~ a r~s? On ~d ~ 0 ,before me, U ~ ! V~~ ~`-~ ate ~ ~ ~ _ ~ Name and~le of Officer (e.g., "Jdne Doe otary P lic") personally appeared personally known to me ^ proved to me on the basis of satisfactory evidence to be the personss'f whose name is/~ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in t~/her/th~ authorized capacity(ies), and that by ~J/her/tf~r signature~,a'~ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES hand and official seal. -_ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827