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ATTACHMENT2 RESOLUTION NO. 09- A RESOLUTION OF THE CITY OF PLEASANTON SIMULTANEOUSLY RESCINDING A WILLIAMSON ACT CONTRACT AND APPROVING A REVISED WILLIAMSON ACT CONTRACT SUCH THAT NO NET ACREAGE SUBJECT TO THE ACT IS DECREASED AND AUTHORIZING THE CITY MANAGER TO SIGN THE REVISED WILLIAMSON ACT CONTRACT WHEREAS, David and Linda Theobald ("the Owners") own certain real property located within City and described in Exhibit A, attached hereto and made a part hereof. Said property is identified as "Parcel B" on the depiction shown on Exhibit B, attached hereto and made a part hereof. WHEREAS, said Parcel B is dedicated to agricultural and compatible uses WHEREAS, Owners also own certain real property located within City immediately adjacent to Parcel 8, which real property is identified as "Parcel A" on the attached Exhibit B. WHEREAS, on February 5, 1976, Parcel B was made subject to a land conservation contract, entered into between Owner's predecessor in interest, the Estate of Ernest Ferrario, and the County of Alameda (the "County") pursuant to the California Land Conservation Act (Government Code § 51200 et seq.) and filed in the Office of the Recorder of the County of Alameda on February 26, 1976 in book 4272, page 180 (the "Initial Contract"). WHEREAS, in October 2008 the County of Alameda Local Agency Formation Commission issued a Certificate of Completion finalizing the City of Pleasanton's ("the City") annexation of Parcel B. WHEREAS, upon annexation of Parcel B, the City succeeded to the County's rights and obligations under the Initial Contract, pursuant to Government Code § 51243. WHEREAS, the subdivision map creating Parcel A established a boundary alignment that does not precisely accommodate, consistent with the Initial Contract, the footprint of a structure planned for Parcel A, which alignment can be rectified through a minor lot line adjustment as between Parcel A and Parcel B, as generally depicted on Exhibit B. WHEREAS, to facilitate such lot line adjustment, the Owners and City desire to rescind the Initial Contract and concurrently enter into in a revised contract ("the Revised Contract"), pursuant to and in accordance with Government Code § 51257. WHEREAS, on January 20, 2009, the City conducted a public hearing at which members of the public were provided with an opportunity to comment on this matter. WHEREAS, the Revised Contract: (a) will enforceably restrict the adjusted boundaries of the property for an initial term for at least as long as the unexpired term of the Initial Contract, but for not less than 10 years; (b) will result in no net decrease in the amount of acreage restricted, as shown on Exhibit B; and (c) will result in at least ninety (90) percent of the land under the Initial Contract remaining under the Revised Contract, as shown on Exhibit B.