2001-137-Enter Into A Land Conservation Contract With The Property Owner At 14411 Shannon RoadRESOLUTION 2001-137
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO ENTER INTO A LAND CONSERVATION CONTRACT
WITH THE PROPERTY OWNER AT
14411 SHANNON ROAD
WHEREAS, the California Land Conservation Act or Williamson Act ("Act") (Government Code
section 51200, et seq.) was adopted for the purpose of preventing the premature and unnecessary conversion
of agricultural land to urban uses; and
WHEREAS, the Act provides that any city or county may by contract limit the use of agricultural
land within an agricultural preserve for the purpose of preserving such land pursuant and subject to the
conditions set forth in the contract and in the Act (Government Code section 51240, et seq.); and
WHEREAS, the Act sets forth the procedure for establishing agricultural preserves for the purpose
of defining the boundaries of those areas within which a city or county will be willing to enter into land
conservation contracts pursuant the Act (Government Code section 51230, et seq.), said procedure$
including the holding of a noticed public hearing and adoption of a resolution malting required findings for
establishing an agricultural preserve of less than 100 acres; and
WHEREAS, the Town Council on November 15,1971 adopted Resolution 1971-114 setting forth
the procedures and guidelines for processing agricultural preserve determinations and land conservation
contract requests; and
WHEREAS, the owner of a 24.975 acre property located at 14411 Shannon Road (APN 537-18-003),
as shown on Exhibit A ("Property"), has requested that the Town enter into a land conservation contract
concerning the Property; and
WHEREAS, the Property is zoned HR-5, permitting agricultural uses, is adjacent to three parcels
totaling 63 acres in the County of Santa Clara currently under contract pursuant to the Act, and is currently
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used for agricultural and compatible purposes in that it has been approved for a single family residence with
a caretakers unit and a facility for boarding and training horses, but also remains largely undeveloped and
used primarily as a horse boarding and training facility and for recreational equestrian activities; and
and
WHEREAS, the Planning Commission recommended approval of this request on October 24, 2001;
WHEREAS, pursuant to Government Code Section 51230, et seq, on December 3, 2001, the Town
Council conducted a noticed public hearing for the purpose of determining whether to establish an
agricultural preserve on the Property, and thereafter resolved to establish the Property as an agricultural
preserve.
RESOLVED, that the Town Council hereby approves the land conservation contract on the Property
attached hereto as Exhibit A and authorizes the Mayor to sign the contract on behalf of the Town.
FURTHER RESOLVED, that the Town Council finds that the by entering into this contract, the use
of the Property will be consistent with the General Plan and Hillside Specific Plan in that agricultural uses
are permitted for the subject site and that Goal O.G.I I of the Open Space Element of the General Plan
encourages the acquisition of open space areas within the Town, particularly land which provide recreational
uses and that Goal 4.2.2 of the Hillside Specific Plan encourages recreational uses (the subject site contains
a riding stable), and Implementing Strategy 0.I.1.1 of the Open Space Element of the General Plan
encourages the use of Williamson Act contracts as a means to preserve open space, which the property
owner has applied for.
FURTHER RESOLVED, that the Town Council finds pursuant to Resolution 1971-114 as follows:
That the presently projected or anticipated allowable intensity of development of the Property
would seriously reduce the maintenance of topographical configuration which exhibits importance as a
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visual backdrop to large segments of residential areas in that a subdivision would result in construction of
structures and a road that would detract from the existing rural appearance of the Property.
2. That there will be little if any negative impact to streets, utilities, schools, fire protection, etc.
due to the reduced intensity of development of the Property.
3. That at 24,975 acres, the Property is of sufficient size that it would benefit the Town in
maintaining an open space and rural area, and that the benefit is enhanced by the location of the Property
adjacent to three (3) parcels in the County of Santa Clara totaling 63 acres that are subject to land
conservation contracts pursuant to the Act.
4. That the Property is presently provided service from San Jose Water Company and will likely
be provided with sanitary sewer service within five (5) years from an adjacent parcel that is currently the
subject of a pending development application in the Town.
5. That there are no extreme slopes or known geological hazards on the Property.
6. That the Property lends itself to utilization for trails, preservation of creeks, scenic routes or
corridors of demonstrable value to the residents of the Town in that there is a dedicated trail easement
located thereon, a creek running along the front of the Property and a multitude of trees that are preserved
thereon.
7. That the Property is not designated for commercial or industrial development in the Los Gatos
General Plan.
8. That high property values in the area and related development pressures make it unlikely that
the Property would remain open space after the expiration of a land conservation contract, and that the
contract is key to retaining the open space.
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FURTHER RESOLVED, that the Town Council finds that the act of entering into a land
conservation contract is categorically exempt from CEQA pursuant to Section 1.5317 of the State
Environmental Guidelines as adopted by the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council held on December 3, 2001 by
the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF HE TOWN 7FLOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
Page 4 of 4
e4 e:
WHEN RECORDED, MAIL OR BRING TO:
Town Clerk, Town of Los Gatos
P.O. Box 949
110 E. Main Street
Los Gatos, CA 95031
LAND CONSERVATION CONTRACT
14411 Shannon Road, Los Gatos
THIS AGREEMENT is made between the TOWN OF GATOS,, a municipal corporation of the
State of California ("TOWN"), and WILLIAM AND SANDRA SWEITZER, ("OWNER"), and
is made with reference to the following facts.
The OWNER owns real property located in the TOWN. The property is described in
Exhibit "B" attached hereto and throughout this agreement is called "property". The property is
located in an agricultural preserve established by the TOWN. The OWNER and the TOWN wish
to limit the use of the property to agricultural uses and uses compatible with agricultural uses in
order to preserve the limited supply of agricultural land, to discourage the premature or
unnecessary conversion of agricultural land to utban uses and to permit the maintenance of open
space and land of rural character. The OWNER and the TOWN recognize that agricultural land
has public value as open space and that agricultural land constitutes an important social, aesthetic
and economic asset to the people of the TOWN and of the State of California. The OWNER and
the TOWN intend that this contract is, and shall be throughout its term, including any extensions,
an enforceable restriction within the meaning of Article XXVIII of the Constitution of the State
of California and under provisions of section 422 of the California Revenue and Taxation Code.
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The TOWN and the OWNER agree as follows:
1. Contract Under California Land Conservation Act.
This contract is made and entered into pursuant to the California Land Conservation
Act of 1965 (Chapter 7, Part 1, Division 1, Title 5 of the Government Code, commencing with
section 51200) and is subject to all of the provisions thereof.
2. Restriction on Use of Property.
During the term of this contract and of all extensions or renewals thereof, the property
described in Exhibit "B" shall not be used by the OWNER for any purpose other than the
production of agricultural commodities for commercial purposes, and uses compatible therewith.
All such compatible uses are listed in the attached Exhibit "A". The TOWN, by resolution of its
Council, may from time to time revise the list of compatible uses for the agricultural preserve in
which the property is located, but such revision shall be limited to the addition of new uses to the
list, unless the OWNER consents in writing to deletions.. Neither this contract nor the foregoing
reference to the adoption of resolutions shall be interpreted as limiting, superseding, or restricting
the planning and zoning powers of the TOWN.
During the term of this contract and of all extensions or renewals thereof, the OWNER
shall be subject to the TOWN's Tree Protection Ordinance, Division 2 of the Town Code, and
the TOWN's Grading Ordinance, Chapter 12 of the Town Code.
3. Term of Contract.
This contract is effective on the date it is signed on behalf of the TOWN. Its initial
term is ten years, commencing January 1, 2001. Each January 1 beginning January 1, 2002, shall
be the contract's annual renewal date, and on each annual renewal date one year shall be added
automatically to the contract's initial term unless notice of nonrenewal is given as provided in
Paragraph 4.
4. Notice of Nonrenewal.
Either party may prevent automatic renewal of the contract by serving written notice
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of nonrenewal on the other. The notice shall be effective only if it is served by the landowner on
the TOWN at least ninety days prior to the renewal date, or by the TOWN on the landowner at
least sixty days prior to the renewal date. Unless notice is so served, the contract is renewed
annually as provided in Paragraph 3.
The OWNER, upon receipt of a notice of nonrenewal from the TOWN, may in
writing protest the proposed nonrenewal. The TOWN may, at any time prior to the renewal date,
withdraw the notice of nonrenewal. The TOWN may, at any time prior to the renewal date,
withdraw the notice of nonrenewal. If either party serves proper notice of nonrenewal on the
other, the contract shall remain in effect for the balance of the ten year period (measured from the
beginning of the contract's initial term if the notice is served during the first calendar year, or
from the contract's last annual renewal date if the notice is served in a subsequent calendar year)
and shall then terminate.
5. Consideration.
The consideration for the execution of this contract is the public benefit to be derived
by the TOWN from the restriction on the use of the property, and the property tax benefits to the
OWNER which will occur as the result of imposition of the restriction.
6. Successors in Interest.
This contract and the restrictions imposed here under shall be binding upon, and inure
to the benefit of, the successors in interest of the OWNER. Whenever any of the property
described in Exhibit "B" is divided, the owner of any parcel may exercise, independent of any
other owner of a portion of the divided property, any of the rights of the owner of this contract,
including the right to give notice of nonrenewal and to petition for cancellation. The effect of
any such action by the owner of a parcel created by the division of land described in Exhibit IT'
shall not be imputed to the owners of the remaining parcels and shall have no effect on this
contract as it applies to the remaining parcels of the divided property.
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7. Cancellation..
This contract may be canceled as to all or a part of the subject property only upon the
petition of the OWNER to the TOWN and after a public hearing has been held and notice thereof
given as required by Section 51284 of the Government Code. The Town Council of the TOWN
may approve cancellation only as provided by Article 5 of the Act.
8. Notices.
All notices required or permitted by this contract, including notice of a change of
address, shall be in writing and given by personal delivery or sent by United States Mail
addressed to the party intended to be notified. Notice shall be deemed given on the date of
personal delivery, or twenty-four hours after deposit, postage prepaid, in any post office or mail
box regularly maintained and served by the Unites States Postal Service.
Notice to the TOWN shall be addressed:
Town Clerk, Town of Los Gatos
Civic Center
110 East Main Street
PO Box 949
Los Gatos, CA 95031
Notice to OWNER shall be addressed:
William and Sandra Sweitzer Once building permits have been
14151 Woodview Lane finalized at subject site, mailing address is:
Saratoga, CA 95070 14411 Shannon Road, Los Gatos, CA 95032
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IN WITNESS WHEREOF the parties hereto have caused this contract to be executed on
and by TOWN on
TOWN OF LOS GATOS
a municipal corporation.
By
Randy Attaway,Town Mayor
ATTEST:
Marian V. Cosgrove, Town Clerk
Sandra Sweitzer, Owner
William Sweitzer, Owner
State of California
County of Santa Clara
On . 2001 before me, ,personally
appeared Sandra and William Sweitzer, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they
executed the same.
WITNESS my hand and official seal.
Notary Public in and for the State of
California, County of Santa Clara
Page 5 of 5
LAND CONSERVATION CONTRACT COMPATIBLE USES
Following is a list of land uses determined to be compatible with the agricultural use of
the land subject to this agreement:
l . Agriculture, including but not limited to horticulture and grazing.
2. Nurseries for the culture of plants for wholesale, or for sale for use in agricultural
enterprises, but not other types of nurseries.
3. Open space.
4. Forest preserves.
5. Outdoor recreation facilities.
6. Public utility and service.
7. Riding and hiking trails.
8. Private and commercial stables, provided that any commercial stable must provide
access to public riding and hiking trails.
9. Residence of owner and his employees engaged in domestic or agricultural work
on the premises.
N ADEV\SANDY\LCCuses.wpd
EXHIBIT a
Jun-II.11 01;14pe Fran-ORT-TIT:E 4082442925 1-171 p 01/01 F-161
order Me. t 4006261CA
The land retorted to is situated in the state of California, County of Santa Cure,
in the incorporated area, and is described as follows:
BZQZMING at the center of Section 24, T. 8 S. R. 1 W., M.D.M., running thence along
the center line of said Section S. 0. 45' E. 13.08 Cho. to the center of Shannon Road
(as now traveled) from which a clump of 3 small ivy oaks, the West one marked B.T.C.
bear* S. 61. 3S' E. 68 Ike. distant, running thence along the center of said Road, S.
77. 15' Z. 4.00 ohs. N. 694 30' W. 2.29 ohm. S. 839 IS' It. 7.00 chas. S. 020 45' B.
3.98 chs. S. 730 L. 3.00 chs. S. 61. IS' t. 1.59 chs. S. 70. 20' B. 2.90 ohs. S. 486
15' a. 2.00 ohs. and S. 520 40' W., 0.93 Cho. from which a live oak V in dimseter
marked I.T.O. bears N. 6. 15' B. 38 lks, distant and a stake marked ". P. bears N. 06
15' N. 4.0 Ike, distant; thence N. 00 28''W. 20.26 ohs. to a stake marked P.C. in the
fence on the South line of the Northeast 1/4 of said Section 24 and South boundary of
land, now or formerly in poaacesion of A.F. Parker from which a,pronged black oak
bears U. As 30' s. 22 Ike. distant. and thence along a fence on the south line of the
Northeast 1/4 of said Section 24 g- 8i• 30' W. 23.83 the. to the place of beginning,
and being a portion of ;he Southeast i/4 of Section 24 T. 8 S.R. 1 W.. M.A.H. a M.
courser true, mag. vas. 16. 30- X.
ZXCEpTTNil THBRzrROM that portion thereof conveyed by Albino Cimoli at ux, to Albert
F. Moore, at ux by deed dated April 3, 1946 and recorded April 11, iS46 in Book 1336
of official Records, Page 385, and more particularly described as follows;
BgGZMXMG at a point in the center line of Shannon Road (as now traveled), where the
same is intersected by the Easterly line of that certain 40.00 acre tract, deeded to
Albino Cimoli, at ux. by Aloino Cimol.j at ux, by Deed dated February 17, 193E and
recorded February 24, 1938 in Book 866 of official Records, ,Page 141, in the Office
of the County Recorder of 8aata Clara County, California. from which point of
beginning a live oak 4" in diameter marked S.T.S. bears N. 60 IS' S. 26.00,feet and a
stake marked W.P. Bears N, 00 SS' W. 26,40 feet and running thence along the sasteriy
line of said 40,00 acre tract bl. oa 15, W. 590.00 feet to an iron pipe and running
thence S. 97. 26' W. '521.80 feet to an iron pipe and running thence S. 0. 50' W.
295.60 feet to a point in the center line of Shannon Road, and runtsing thence along
the center line of Shannon Road, S. 73• B, 139.40 feet, 8. 61. 15' B- 104.00 fast, S-
loe 30, C. 165.00 feet, A,. 4so 1s, B. 132.00 feet and B. $2. 40' N. 91.40 feet to the
place of beginning. Containing s.c3 acres and being a p0rtion of the above mentioned
40.00 acre tract and being in the Southeast 1/4 Of faction 24, Township 8 South,
Range 1 hest, M.D.B. E M.
ALSO EXCEPTZNO T)msYROM that portion thereof conveyed by Albino Cinwli at ux to
Oscar P. Mshdor by deed dated December 61 lose and recorded December 7, lose in Book
2210 of official Records, Page 384, and sore particularly described as followsa
b=pZNDTnM at the center of section 24, Township s South, Range 1 West, Mount Diablo
Meridian; thence along the canterline of said Section. South 0. 46' East 850.16 feet
to an iron pipe in the center of the present traveled roadway of shannon Roads
thence along the said center of traveled roadway South 770 64, so, Be;t 264.05 feet
to an iron, pipet thence leaving the center of said traveled roadway north 970 39,
East 46.75 feet to an iron pipet thence North 10. 29' 304 East 47.33 feet to An iron
EXHIBIT a
Jun-10-04 11:140 From-ORT-T11LE 4082442125 1-111 P-03/02 F•8s/
piper thence Diorth 41• 42' fast 34.06 feet to an iron piper thence North $9. 32'
east 77.46 feet to an iron piper thence North 3. 28' 30" W. 461,52 feet to an iron
pipai thence South 760 51' 30" East 196.31 feet to aA iron piper thence !forth 1•
of 30" Most 384.34 feet to an iron pipe and fence on the North liras of Southeast 1/4
of said Section 241 thence •long said fence line South 840 301 West 574.34 lest to
tM point of beginning, containing 5.44 acres, more or less, and being a portion of
the Southeast 1/4 of Section 24, T 4 S R. i
537-14-002
60058
GC/So/as
A $37-is-3
NIX
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