HomeMy WebLinkAboutCC Reso No 1984-78RESOLUTION N0. 84-78
CERTIFICATE OF FINAL CANCELLATION OF A LAND
CONSERVATION CONTRACT AND DIMINISHMENT OF
AGRICULTURAL PRESERVE, WEST ELSINORE AGRI-
CULTURAL PRESERUE N0. t(GOVERNMENT CODE,
SECTION 51281.1).
WHEREAS, Charles 0. Pease entered into a Land Conservation Conbract with
the County of Riverside, pursuant to the California Land Conservation Act of 1965
(Government Code, Section 51200 et seq.), which contract is dated April 9, 1970,
and was recorded as Instrument Number 33249 in the office of the County Recorder
of Riverside County, California; and
WHEREAS, a petition has been filed to cancel said contract and to diminish
the West Elsinore Agricultural Preserve Number l, Map Number 556 (originally Map
Num6er 244), pursuant to the Special Provisions of Government Code, Section 51281.1.
and a public hearing having been held by tlie City Council of the City of Lake
Elsinore, California, on December 26, 1984; and
WHEREAS, in accordance with the California Environmental Quality Act and
the City of Lake Elsinore Rules to implement CEQA, the matter was environmentally
assessed ("E" Assessment) and a negative declaration was adopted upon a finding
that the cancellation of the contract and diminishment of the agricultural preserve
will not have a significant effect upon the environment; and
WHEREAS, the landowner has proposed, if the cancellation is approved,
that the tand be used for the following alternative use:
1. Tentative Tract Map 18719, approved for 341 single-family
residential lots (lot size consisting of 7,200 square feet)
with pre-zoning designation of R-1 (Single-Family Residence -
0-6.0 dwelling units per acre) Zoning District. Zone Change
84-3 changed the County zoning of A-1-10 (Farming) to City
zoning of R-1 (Single-Family Residence); and
WHEREAS, the amount of the cancellation fee, pursuant to Section 51283
of the Government Code, has been determined and certified by the Lake Elsinore
City Council to be $37,646.00 for Map No. 556 only, and the amount of the addi-
tional deferred taxes, pursuant to Section 51283.1 of the Government Code, has
been determined and certified by this City Council to be $-0-.
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETfRMINED by the Lake Elsinore
City Council, County of Riverside, State of California, in regular session
assembled on December 26, 1984 that:
1. The cancellation of a portion of the Contract and deminishment
of the Agricultural Preserve, and the use of the land for the
proposed alternative use, is consistent with the General Plan
for the City of Lake Elsinore and wilt not result in discon-
• tiguous patterns of urban development for the following reasons:
:I
a) The proposed alternate land use to subdivide and build 341`
~ single-family residential units and the accompanying Change
of Zone is consistent with the 6eneral Plan and area devel-
opment, 6ased on the finding that there are similar and
complimentary residential development in the imnediate area
and serves the community housing needs.
BE IT FURTHER RESOLVED that, following the December 26, 1984, public
hearing and the City Council's approval of the proposed cancellation, the land-
owner having paid the cancellation fee to the County Treasurer, and the approved
alternative land use having been made final, in that the Change of Zone has been
adopted, there are no further conditions with which the landowner must ~ply in
,r f' ~r4'
order to be entitled to a final cancellation of the contract and diminishment of
the Agricultural Preserve; therefore, there is no need for the adoption of a
Certificate of Tentative Cancellation as set forth in Section 51283.4 of the
6overnment Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, FOUND; DETERMINED AND ORDERED
that the City Clerk shall file and record copies of this Resolution, map and
boundary description, in the office of the County Recorder of Riverside County,
California; and with the Director of Food and Agriculture, State of Catifornia,
and therefore:
1. The West Elsinore Agricultural Preserve No. 1, Map No. 556 (origi-
nally Map No. 244) dated April 9, 1970 and recorded as Instrument No. 33249 in
the office of the County Recorder of Riverside County, California, as amended,
deleting therefrom the area shown on the map entitled "Amendment No. 1(Diminish-:
ment) to West Elsinore Agricultural Preserve No.. 1, Map No. 556, and described
by boundary description thereof, said map and description both being on file in
the office of the City Clerk .
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2. The Land Conservation Contract between Charles 0. Pease and the
County of Riverside, dated April 9, 1970, and recorded as Instru-
ment No. 33249 in the Office of tfie County Recorder of Riverside
County, California, will be cancelled, removing from the effect of
said contract the real property in the County of Riverside, State
of California, descrihed in attached Exhibit A, which is made a part
of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of December ,
1984, by the following roll call vote:
AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA
NOES: COUNCILMEMBERS: NONE -
A63ENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
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Arta alenzuel Mayor
ATTEST:
~
Jo M n Money, City C1 k
(SEAL)
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EXHIBIT "A"
WEST ELSINORE AGRICULTURAL PRESERVE N0. 1, N'~AP N0. 556
(Diminishment)
All the real property in the County of Riverside, State of California,
described as follows:
The Southwest one q,uarter of the Southwest one quarter of Section 27,
T55, RSW, 5.6.6.&t4.
The Northeast one quarter of the Northwest one ouarter and the East
900.00' of the Northwest o7e quarter of the Northwest one quarter of
Section 34, T5S, R5E, S.B.B.&M.
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~'~C~~ i~ CL~~O(~Oo[~L
BY THE BOARD OF SUPERVISORS ,,(~~~~~~ l
OF THE COUNTY OF RIVERSIDE, ~ `~/
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STATE OF CALIFORNIA
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RIVERSlDE ~ •„YC`OUNTY ~ PLAMNING t. 4. COMMISSIONyf
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STATE OF CALIFORNIA
GOUNTY OF RIVERSIDE
ss.
' I, Jo Ann Money City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting of said
Council on the 26th day of December, 1984 , and
that it was so adopted by the following vote:
AYES
NOES
ABSENT
(SEAL)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss.
~ ~
J ANN MONEY, C TY CLERK
Y OF LAKE ELSINORE
I Jo Ann Money, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct
copy of Resolution No. 84-78 , of said Council, and that the same
has not been amended or repealed.
DATED: DECEMBER 27, 1984
~ J ANN MONEY, CITY CLERK
I Y OF LAKE ELSINORE
(SF.AL)
COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE