1980-002-Concerning Cancellation Of Land Conservation Contract No. 73.142-011RESOLUTION NO. 1980 - 2
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS CONCERNING CANCELLATION
OF LAND CONSERVATION CONTRACT NO.73.142 -001
(PULLEY)
Under the provisions of Government Code sections 51280-
51286, the Town Council of the Town of Los Gatos conducted a
public hearing on December 17, 1979 to consider cancellation of a
land conservation contract and removal of the property of Boyd H.
Pulley and Beth P. Pulley (the property is specifically described
in the attached copy of a certificate of cancellation) from an
agricultural. preserve.
During the hearing the Town Council considered the December
12, 1979 report of the Planning Commission concerning removal of
the property from the agricultural preserve, and considered testi-
mony by the property owner and owners of other property in the
vicinity.
RESOLVED: The Town Council finds that
1. The property was annexed to the Town of Los Gatos
on July 2, 1979.
2. Cancellation of land conservation contract no.73.142 -001
between Boyd H. Pulley and Beth P. Pulley and the County of Santa
Clara will not be inconsistent with the purposes of the Williamson
Act and is in the public interest because:
1.1 The Town needs to remove from the Williamson
Act those properties that do not qualify for land
conservation contracts, and
1.2 The legislative intention to discourage leap
frog land development can no longer be fulfilled in this
transaction because land along more than 50 per cent of
the boundary of the Pulley property is already developed
for urban uses.
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FURTHER RESOLVED:
1. The Town Council tentatively approves (Government Code
sections 51283 and 51283.3) cancellation of the land conservation
contract between the County of Santa Clara and Boyd H. Pulley and
Beth P. Pulley recorded February 27, 1973 in Book 0253 at pages
324 -337 in the office of the Santa Clara County Recorder.
2. The cancellation fee is $9,493.50; no additional deferred
taxes are due.
3. The property subject to the contract (APN 532 -18 -039 and
537 -23 -001) is removed from the agricultural preserve. The removal
is consistent with the general plan because the property is not
being used for agricultural purposes, is surrounded by urban develop-
ment, and future use of the property would be limited by the Los Gatos
Hillside Specific Plan to low density, large lot, residential uses
which would preserve the open space character of the land.
4. The Town Clerk is directed to file for record in the office
of the Santa Clara County Recorder the certificate of cancellation
(Exhibit A to this resolution).
PASSED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 7th day of January 1980, by the
following vote:
AYES: COUNCILMEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi
Gualtieri, Peter W. Siemens and John B. Lochner
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
ATTEST:
YL
Clerk, Town of Los Gatos
SIGNED ti%r'z lI�s
Mayor, ToGan of Los Gatos
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WILLIAMSON ACT CERTIFICATE OF CANCELLATION --
SANTA CLARA COUNTY WILLIAMSON ACT
CONTRACT NO. 73.142 -001
BOYD H. PULLEY AND BETH P. PULLEY
(GOVER= CODE SECTION 51283.3(a)
1. Name of the owners of the land at the time the contract is cancelled:
BOYD H. PULLEY and BETH P. PULLEY.
2. Amunt of the cancellation fee certified by the Town Council of the
Town of Los Gatos as being due under the terms of Article 5, Chapter 7,
Division 1, Title 5 of the Government Code: $9,493.50.
3. Contingency of any waiver or deferment of payments: there is no
waiver or deferment of payments, and no contingency.
4. Legal description of the property:
PARCEL ONE:
All that portion of Rancho Rinconada de los Gatos, more
particularly described as follows:
BEGL7,TING at the Northeast corner of Lot 1, Tract No.
1699, Surrey Farm, a map of which was filed for record in the
Office of the Recorder of said County on February 25, 1956 in
Book 66 of Maps, page 46, et seq, said point being common with the
Northwest corner of that certain 16.18 Acre parcel of land
described as Parcel 1 in the deed from Michael D. La Terza and
Euretta M. La Terza to Boyd M. Pulley, ex ux, which deed was
recorded in said Recorders Office on February 20, 1952 in Book
2368 of Official Records, page 506; thence leaving said cormon
corner and along the Northerly line of said 16.18 Acre parcel,
S 80 008'45" E 495.00 feet to the TRUE POINT OF BEGINNING; thence
continuing, S 80 °08'45" E 676.99 feet to the Northeast corner
thereof in the Easterly line of the Rancho Rinconada de los Gatos;
the along said Easterly Rancho line, being comet with the Easterly
line of said 16.18 Acre parcel, S 8 °14'30" W 687.55 feet to the
Southeast corner of said parcel at the Northeast corner of that
certain 2.004 Acre parcel of land designated Parcel 'A' on that
certain Record of Survey of the lands of Annette G. Braue, which
map was filed for record in said Recorders' office on July 1, 1965
in Book 196 of Maps, Page 46; thence leaving said Easterly Rancho
line and along the Southerly line of said 16.18 Acre parcel, being
common with the Northerly line of said Parcel 'A' and the Northerly
line of that certain 0.964 Acre parcel of land designated as Parcel 'A'
on that certain Parcel Map for Richard Karnan, which map was filed for
record on September 26, 1973 in Book 330 of Maps, Page 34, N 85 °17'54"
W 334.47 feet to the beginning of a non- tangent curve in the Northerly
line of last said Parcel 'A'; thence along the arc of a curve to the
right from a tangent which bears N 86 °27'44" W, with a radius of
527.12 feet, through a central angle of 22 °54'22" for an arc length
of 210.73 feet to a point of reverse curvature; thence continuing
along said Northerly line, along the arc of a tangent curve to the
left with a radius of 20.00 feet, through a central angle of 32 °44'51"
for an arc length of 11.43 feet; thence leaving last said Northerly
line, N 1 °54'52" E 381.93 feet and N 5 °57'22" W 332.85 feet to the
TRUE POINT OF BEGINNING.
PARCEL TM:
BEGLNNING at a stake standing on the 1/4 Section line running
East and West through the center of Section 23 T. 8 S. R. 1 W., M.D.M.,
at the Southwest corner of that 33.09 acre tract deeded to Reuben H. K.
Cushman, by Deed dated January 5, 1922 and recorded in Book 546 of
Deeds, page 340 in the office of the County Recorder of Santa Clara
County, California; thence a long said 1/4 Section line South 89 °16'
East, 11.50 chains to a stake marked 2 -3 from which stake a double
pinoak tree with 3 notches bears North 25° West, 0.516 chains; thence
along the Easterly line of said 33.09 acre tract, North 0 °22' East,
12.62 chains to a stake marked C -H., thence North 81 016' West, 9.74
chains to a point on the Westerly line of the aforementioned 33.09
acre tract; thence along said Westerly line, South 7 053 West, 14.08
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chains to the place of beginning, containing 14.11 acres and being
a past of that 33.09 acre tract deeded to Reuben H.K. Cushman by
Deed dated January 5, 1922 and recorded in Book 546 of Deeds, page
340 in the office of the County Recorder of the County of Santa
Clara, State of California.
5. Recording data of the land conservation contract to which this
certificate pertains: February 27, 1973 in Book 0253 at pages 324 -336,
Santa Clara County Recorders Office as amended by the County of Santa Clara
on October 27, 1975 by means of an instrument recorded in Book B709 page 586
through 538 on November 7, 1975 of the Santa Clara County Recorders office.
Sign&
STATE OF CALIFORNIA
COUN'T'Y OF SANTA CLARA ss
On this day of 1980, before ne, ROSE E. ALDAG,
Town Clerk (City Clerk) o e TOwn o Los Gatos, a General Law City, personally
appeared � known to me to be Mayor of the
Town and lmo to me to be ttie person who executed the within instrument on
behalf of the Town, and acknowledged to me that the Town executed the same.
/s
ROSE E. AT-DAG
Clerk of the Town of Los Ztos
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