RES 09257 - Laserfiche WebLink

RESOLUTION NO. 09-257 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 ("the Exhibit A Property'); and WHEREAS, the Exhibit A Property is dedicated to agricultural and compatible uses; and WHEREAS, Owners also own certain real property located within the City immediately adjacent the Exhibit A Property, which real property is identified as Lot 30, Tract 7385, filed December 9, 2005, in Map Book 289, Page 40, Alameda County Records ("Lot 30"); and WHEREAS, on February 5, 1976, the Exhibit A Property 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"); and 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 the Exhibit A Property; and WHEREAS, upon annexation of the Exhibit A Property, the City succeeded to the County's rights and obligations under the Initial Contract, pursuant to Government Code § 51243; and WHEREAS, the subdivision map creating Lot 30 established a boundary alignment that does not precisely accommodate, consistent with the Initial Contract, the footprint of a structure planned for Lot 30, which alignment can be rectified through a minor lot line adjustment as between Lot 30 and the Exhibit A Property, as generally depicted on the attached Exhibit B; and WHEREAS, to facilitate such lot line adjustment, the Owners and City desire to rescind the Initial Contract and concurrently enter into a revised contract ("the Revised Contract"), pursuant to and in accordance with Government Code § 51257. The Revised Contract is set forth in the attached Exhibit C and incorporated herein by reference; and 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; and