RES 09257 - Laserfiche WebLink

acquired in lieu of eminent domain for a public improvement by a public agency or person, or whenever there is any such action or acquisition by the federal government, or any person, ` instrumentality or agency acting under authority or power of the federal government, this contract becomes null and void as to the land or any lesser estate therein actually being condemned or so acquired as of the date the action is filed or so acquired. 9. DIVISION OF LAND. This contract is divisible in the event the property described in Exhibit "A" is divided. Property described in Exhibit "A" shall not be divided into parcels of less then the minimum pazcel size required by the City of Pleasanton Municipal Code, existing at the time of the requested division, except as a result of court decree or the intestate or testamentary disposition of land or as otherwise permitted bylaw. Owner agrees to submit a proposed division to City for its approval, and for consideration of the conformance of said division to the Subdivision Ordinance of the City. City shall, if said division is approved and as a condition of its approval, require the execution by owner of a contract identical to this contract on each pazcel created by the division. Owner agrees to execute such contract. 10. CANCELLATION. This contract may be cancelled only pursuant [o the request of Owner by petition to the City Council to cancel the contract as to all or any part of the property subject hereto. The City Council may approve cancellation of this contract only if it finds that cancellation (1) is not inconsistent with the purposes of the California Land Conservation Act of 1965 and (2) is in the public interest. Owner understands that the existence of an opportunity for another use of said property shall not be sufficient reason for cancellation of this contract and that a potential alternative use of said property may be considered only if there is no proximate nonrestricted land suitable for the use to which it is proposed that said property be puC:tiwner further understands that the uneconomic chazacter of an existing agricultural use shall not be sufficient reason for cancellation of this contract, but may be considered only if there is no other reasonable or compatible agricultural use to which said property may be put. (a) Upun the written request of Owner to cancel this contract, the City Council may adopt a resolution consenting to such request. Prior to the adoption of such a resolution, the City Council shall hold a public hearing on the matter. Notice of the hearing shall he mailed to each and every owner of property under contract within the Agricultural Preserve in which property described in Exhibit "A" is located, and which is within one mile of the boundaries of lhal property, and shall he published pursuant to Section 6061 of [hc Government Code. The owuer of any property located in the City may pro[esl such cancellation. (b) Upon tentative approval of the cancellation petition, the Clerk of the City shall record a certificate setting forth the name of Owner of said property at the time of cancellation, the amount of the cancellation fee, as hereinafter provided in paragraph 1 I, and a legal description of said property. From the date of recording such certificate, this contract shall be finally cancelled and, to the extent the cancellation fee is no[ paid, a lien shall be creased and