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<br />Resolution No. 05-069 <br />Page 2 <br />WHEREAS, canceling the fees has been caused by a change in the land use due to the City of <br /> Pleasanton's decision to annex the property (in the early 1990's) and then to <br /> designate the land with a use (combination of residential, vineyards and open <br /> space) different than the mining and quarrying operations for which the property <br /> was used previously; due to that land use designation change, the ability of the <br /> landowner to use the property efficiently and economically for permitted <br /> aggregate mining and quarrying operations has essentially been eliminated and the <br /> property is not immediately suitable for any other purpose for which a greater <br /> economic return to the landowner will be produced; and <br />WHEREAS, notwithstanding that the Williamson Act contract on this property has been <br /> cancelled, the Vineyard A venue Corridor Specific Plan in general and the land use <br /> plan of this property in particular require the planting of crops and creation of <br /> conservation easements for agricultural purposes, which requirements are entirely <br /> consistent with the purposes of the Williamson Act contract program to conserve <br /> agricultural land; and <br />WHEREAS, the Vineyard A venue Corridor Specific Plan in general and the land use plan for <br /> this property in particular require new development to be clustered and limited in <br /> number, thereby protecting outlying agricultural land from residential <br /> development, which protection is consistent with the purposes of the Williamson <br /> Act contract program. <br />NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />PLEASANTON: <br />Section 1: The Pleasanton City Council waives the cancellation fee for Agricultural Preserve <br /> Contract 1974-lOB as to Tract 7385 owned by Centex Homes. <br />Section 2: The Pleasanton City Council requests the Secretary of the State Resources Agency <br /> also to approve the waiver of the fee. <br />Section 3: This resolution shall become effective immediately upon its adoption. <br />