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HomeMy WebLinkAboutCity Council Resolution 893 RESOLUTION NO. 893 RESOLUTION OF THE COUNCIL OF THE CITY OF SARATOGA CERTIFYING TO THE COUNTY AUDITOR OF SANTA CLARA COUNTY THE AMOUNT OF CANCELLATION FEE TO BE PAID UPON CAN- CELLATION OF A LAND CONSERVATION CONTRACT~ GIVING TENTATIVE APPROVAL TO SUCH CANCELLATION, PRESCRIBING THE CONDITIONS UPON WHICH THIS RESOLUTION WILL BE EFFECTIVE, DIRECTING THE CLERK TO RECORD A CERTIFICATE RELATING TO SUCH CANCELLATION FEE WHEN SUCH RESOLUTION IS EFFECTIVE, REQUIRING PAYMENT IN FULL OF THE CAN- CELLATION FEE PRIOR TO THE CANCELLATION BECOMING EF- FECTIVE; AND PRESCRIBING OTHER CONDITIONS IN CONNECTION THEREWITH. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SARATOGA: Pursuant to the California Land Conservation Act of 1965, this Council hereby finds and determines: 1. Marshall S. Hall and Helen U. Hall as land- owners of the hereinafter described land have heretofore filed a petition with the Council for a cancellation, as to part of the land therein described, of a Land Conservation Contract heretofore entered into with the County of Santa Clara and recorded on February 9, 1972 in Book 9767, page 511 of Official Records of the Recorder of the County of Santa Clara, State of California. 2. The land described in said petition and Contract is all that real property in the City of Saratoga.. County of Santa Clara, State of California, which is described on Ex- hibit "A" attached to and hereby incorporated into this Resolution. 3. The City Clerk has caused notice of a public hearing on said petition to be given and published in the manner and within the time required by law. 4. This Council, at the place and time mentioned in such notice or to which the hearing shall have been con- tinued, has held a public hearing on such petition and any protest of such cancellation and has received evidence oral and documentary thereon. -1- 5. Prior to any action of the Council herein giving tentative approval herein to cancellation of said Contract, the County Assessor of the County of Santa Clara certified to this Council that the cancellation valuation of the land describ ed in said petition for the purpose of determining the cancellation fee is $18,040.50. NOW, THEREFORE, pursuant to said Land Conservation Act of 1965, A. The Council hereby determines, and certifies to the County Auditor of the County of Santa Clara, S~ate of California, that the amount with the landowners Marshall S. Hall and Helen U. Hall must pay the County Treasurer as deferred taxes upon cancellation of the aforesaid Contract is $9,020.25. B. The Council hereby determines that the cancel- lation of the aforementioned Land Conservation Contract is not inconsistent with the purposes of the California Land Conservation Act of 1965, and the cancellation of such contract is in the public interest based on the following findings, and so long as the following is accomplished prior to cancellation being final: 1. Provides, with the removal of three lots (27,28,30) on approved Tentative Map (SD-1339), dated August, 1978, for the protection and enhancement of the scenic beauty of the eucalyptus grove and knoll for all of Saratoga, providing for permanent open space, as opposed to temporary open space, and revision of map as per attached Exhibit "A". 2. Provides for the removal of road from the front of the hill to a single road on the rear of the hill, and revision of map as per Exhibit "A". 3. Provides for the future public improvement of culverts on the Calabazas Creek by the ayment to City of an amount equal to lt300 per acre for the acreage being withdrawn to be held by City in a special fund for use in storm facility improvements on Calabazas Creek in the vicinity=of Saratoga-Sunnyvale Road. -2- C. By reason of the foregoing, this Council here- by gives tentative approval to the cancellation of the afore- mentioned Contract, subject, however, to the following condition: Pursuant to Government Code Sec. 51283.3(a) this Council hereby requires payment in full of the cancellation fee of $9,020.25 from Marshall S. Hall and Helen U. Hall, as land- owners, prior to the cancellation herein becoming effective, and until such payment in full is made, the cancellation of such Contract shall not be effective; and further, in the event such cancellation fee is not paid within 180 days from the date this resolution is adopted (unless within such 180 days, such time is further extended by resolution or other act of the Council),the provisions of this resolution and the tentative approval to the cancellation herein shall thereupon be null and void in their entirety and such petition shall thereupon be deemed denied by this Council without prejudice. D. The City Clerk is hereby directed to record the certificate and notice of cancellation provided in Government Code Sec. 51283.3, specifying however that such cancellation shall not take effect and become final unless and until the requisite cancellation fee and Calabazas Creek flood improvement fee are paid in full, and said modifications to the approved Tentative Map (SD-1339) above set forth, are accomplished. E. Upon payment of the cancellation fee herein provided, and in the event the cancellation fee of $9,020.25 is not paid in full within 180 days from the date this resolution is adopted or within such time as is further extended by resolution or other act of the Council, the City Clerk shall record with the County Recorder, pursuant to law, a written certificate of the release of the lien of such cancellation fee. ADOPTED this 7th day of February 1979, by the following vote: AYES: Councilmen Kraus, Corr, Matteoni & Kalb NOES: Councilwoman Callon ABSENT: None .... CITY CLERK _~_