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HomeMy WebLinkAboutCC Reso No 1984-79RESOLUTION N0. 84- 79 CERTIFICATE OF FINAL CANCELLATION OF A LAND CONSERVATION CONTRACT AND DIMINISHMENT OF AGRICULTURAL PRESERVE, WEST ELSINORE AGRI- CULTURAL PRESERVE N0. 1(GOVERNMENT CODE, SECTION 51281.1). WHEREAS, CBarles 0. Pease entered into a Land Conservation Contract with the County of Riverside, pursuant to the California Land Conservatioq Act of 1965 (Government Code, Section 51200 et seq.), which contract is dated November 14, 1973 and was recorded as Instrument Number 148912 in the office of the County Recorder of Riverside County, California; and WNEREAS, a petition has been filed to cancel said contrect and to di:minish the West Elsinore Agricultural Preserve Number 1, Map Number 557 (originally Map No. 74), pursuant to the Special Provisions of Government Code, Section 51281.1, and a public hearing having been held by the Lake Elsinore City Council on December 2fi, 1984; and WHEREAS, in accordance with the California Environmental Quality Act and the City of Lake Elsinore Rules to implement CEQA, the matter was environ- mentally assessed (°E" Assessmentl and a negative declaration was adopted upon a finding that the cancellation of the contract and diminishment of the agri- cultural preserve will not have a significant effect upon the environment; and WHEREAS, the landowner has proposed, if the cancellation is approved, that the land be used por the following alternative use: l. 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 $7,044.00 and the amount of the additional deferred taxes, pursuant to Section 51283.1 of the Government Code, has been determined and certSfied by this City Gouncil to be $-0-. NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED tiy the Lake Elsinore City Council, County of Riverside, State of California, in regular session assem6led on December 26, 1984 that: 1. The cancellation of a portion of the contract and diminishment of the agricultural preserve, and the use of the land for the proposed alternative use, is consistent with the 6eneral Plan for the City of Lake Elsinore and will not result in discon- tiguous patterns of urban development for the following reasons: a) The proposed alternate land use to subdivide and 6uild 341 single-family residential units and the accompanying Change of Zone is consistent with the General Plan and area devel- opment, based on the finding that there are similar and complimentary residential development in the immediate 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 w~ich the landowner must comply in order to 6e 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 Government Code. NOW> THEREFORE, BE TT FURTHER RESOLVED, FOUND, DETERMINED AND ORDERED that the City Clerk shall file and record cop~ies 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 California, and therefore: l. The West Elsinore Agricultural Preserve No. 1, Map No. 557 {originally Map No. 74j dated November 14, 1973, and recorded as Instrument No. 148912 in the office of the County Recorder of Riverside County, California, as amended, deleting there- from tfie area shown on the map entitled "Amendment No. 1 - (.Diminishment) to West Elsinore Agricultural Preserve No, l, Map No. 557 (originally Map No. 74) and described by boundary description thereof, said map and description both being on _2 file in the office of the City Clerk. 2. The Land Conservation Contract 6etween Charles 0. Pease and the County of Riverside, dated November 14, 1973, and recorded as Instrument No. 148912 in the office of the County Recorder af Riverside County; California, will be cancelled, removing from the effect of said contract the real property in the County of Riverside, State of California, described 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, VERMILLTON, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCTLMEMBERS: NONE rta Va enzue Mayor ATTEST: Jo Ann Money, City C k (SEAL~ -3- EXHIBIT "A" WEST ELSINORE AGRICULTURAL PRESERVE N0. 1 MAP N0. 557 (Diminishment) A.11 the real property in the County of Riverside, State of California, described as follows: Beginning at the northeast corner of the southwest quarter ~f the south- west quarter of Section 27, T5S, R5W, SBB&~~; thence southerly 1,320 feet to the south line of Said Section 27; thence east 489.78 feet; thence ' north 856 feet; thence east 496.62 feet; thence north 433.31 feet; thence . west 986.41 feet to the point of beginning. ~ , , , _ . __--.-. .:.,Y.~--- - . ,. ~~__' ~_.,...-=~ _ } '-=-------~.-~ .-_-< . - . _ _ ~~ - ~ -~ap ~~ ~~ . ~ AMENDED BY MAP N0. 244, 556, 557 .. . -~r~~ ~r~~~~~~ . _ ,. . : .~ : ' .. . ... -1320~ ' . _. . , .. . . . . .. . . 906.H~ ~ ' . . . ' ~ . ~. 1- ' ' ~~ ' O ~196 62~ ~ ~ I ~ ~ . . ' O N o N i . . . I h . .. . O ' . ~ J O. m ... . _ . . .. ^ v.. . .'/ . .:.J_: . l: ~ ..,.. r. .: . . .. .. J O ~ .'.. '. ¢ _ .'- ,.( . . . . . ..... ~i. .:. ~.,... • . . ~_ _ . . . y.' 3- ` ~':. , _._..~~ , . ,... .. '- . ~~ :. . ....., ~ MOUNTAIN . ! ^ ~es.)e' ~ _ 5T. . ¢ 'h i ~ _ ~. . .,.. _ ,. . :, ..~,. .~~ : 33 1 44,~' ~ iazo' 'i " ._ I ~ :' ~, . I : . i: ! : I .. . :,, y : ~ . .. ~, > .. ~ o I . I O ~ « ., i ; " m _ ,_ . , . ~. :,:.~~.p. ~ . .r.a. . . ::.,. :_< I ._ - . . . _ _..:: ,.. . . _~. ~ .;: . ..: ,,....., ~ ,..._, . .~.' ~ . ...~. ,-. .. ` ~ ' . ~ . ' .. _ ' . ~ 900 1 . ' 1320~ ' '~ d ~H4RRISON-AVE - , . - . ~ AMENDME TS ~-^" N AMENDMENT N0. I, AUG. 21, 73,MAP N0. 244 ~`=" AMENDMENT N0. 2,(DELETION) MAP N0.556 AMENDMENT N0. 3,(DELfTION) ~ MAP N0. 557 N STATE OF CAUPORNIA . . . - . . .- 0 500 ~ 1000 ~ . .::SGIE 1 - ADOPTED ON-FEBRUARY-2q-,-t97fl BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVEF251DE, N FEET _ ~ t,•.r Y' _ ' ,.. - . . _ . ... - ~ .... 4 y.., RIVERSIDE • COUNTY `>PLANNING ..^%COMMISSION` __ -5- STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) 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 followin9 vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ J ANN MONEY, CITY CLERK Y OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) 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. 84-79 , of said Council, and that the same has not been amended or repealed. DATED: December 27, 1984 J NN MONEY, CI Y CLERK C Y OF LAKE ELSINORE (SEAL)