HomeMy WebLinkAboutResolution - 1949 Recording request by:
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city of San Jacinto
P.O. Box 488
San Jacinto, CA 92383
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RESOLUTION NO. 194944
2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
3 JACINTO, CALIFORNIA, GRANTING TENTATIVE APPROVAL OF
CANCELLATION OF AGRICULTURAL PRESERVE CONTRACT
4
5 WHEREAS, the owner of the 124 acres of land located on
the generally on either side of the Ramona Expressway,
6 approximately 200 feet east of Sanderson Avenue, established an
Agricultural Preserve by contract on January 1, 1972, pursuant
7 to the Williamson Act, and identified as Agricultural Preserve
No. 3; and
8
WHEREAS, the Williamson Act provides for property
9 owners to file a notice of nonrenewal of the agricultural
preserve contract if they wish it to extinguish overtime, and
10 the owners of said property filed for nonrenewal of their
agricultural preserve contract in July 1987 , which would by
11 operation of law free the property on January 1, 1990, from any
obligations under the 1972 contract; and
12
WHEREAS, the property owners have filed a petition
13 requesting cancellation of Agricultural Preserve Contract No. 3 ;
and
14
WHEREAS, a properly noticed public hearing was held on
15 November 21, 1989, to review the petitioner's request and to
receive any comments in favor of or in opposition to the
16 Ca-cellak:ion of Agricultura? Preser.�s No. 3 ;
17 NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of San Jacinto, California, as follows:
18
1. This Council, based on evidence received at the
19 public hearing, hereby makes the following findings in support
of the cancellation of Agricultural Preserve No. 3 :
20
(a) Cancellation of Agricultural Preserve No. 3
21 as to the portion of the preserve lying generally on either side
of the Ramona Expressway, approximately 200 feet east of
22 Sanderson Avenue described and shown in Exhibit 1 is in the
23 public interest.
(b) Pursuant to California Government Code
24 Section 51282 , this Council finds that other public concerns
substantially outweigh the objectives of the Williamson Act in
25 that this Council, on June 24, 1986, approved the General Plan
for the City of San Jacinto wherein it states "Transition of
26 agricultural to more urbanized uses is expected and consistent
with city objectives for the future" . The General Plan by
27 implication declares that the continuance of agriculture in San
Jacinto was very limited in the future. In connection therewith
28 we found that the viability of agricultural land use in the City
was declining due to continuing increases in operating costs,
20 declining crop production, increased water costs, reduced market
prices and the like, and that this decline has brought about the
30 abandonment of agricultural uses in the City with accompanying
increases in labor and costs necessary to control the
31 encroachment of weeds and rodents from abandoned agricultural
32 and vacant land, trespassing, drainage control problems, and
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1 distasteful appearance. Developments since 1987 have made these
conclusions even more applicable today.
2
California Government Code Section 15900 states
3 that it is a continuing policy of the State of California as
well as a responsibility of the state to foster and promote
4 growth and employment, productivity, income and purchasing
power. This Council finds that this policy statement can and
5 should be implemented in the City by the urbanization of the
subject land.
The Williamson Act provides in California
7 Government Code Section 51220 that premature and unnecessary
conversion of agricultural land to urban uses should be
8 discouraged. Therefore, if conversion to commercial or
residential uses is neither premature or unnecessary, then the
9 objectives of the Williamson Act are not being served by holding
such land in agriculture; to prevent such conversion in such
10 circumstances would be contrary to those objectives.
11 California Government Code Section 51280
specifically declares that relief from Williamson Act
12 contractual restrictions is permitted. This Council wishes to
grant such relief under the proper circumstances and in accord
13 with the objectives of the Williamson Act.
14 (c) Development of the land shown in Exhibit 2
would provide more contiguous patterns of urban development than
15 development of proximate, noncontracted land in that the subject
property is, due to its proximity to commercial areas at the
16 intersection of Sanderson Avenue and the Ramona Expressway, and
at Potter Road and the Ramona Expressway and due to its
17 participation in a community facilities district, likely to be
among the first group of parcels to be developed in the
18 northwest portion of San Jacinto.
19 2 . This Council hereby grants tentative approval of
the request for cancellation of Agricultural Preserve No. 3
20 based on the findings contained herein, the documentation
provided by the applicant, and all testimony entered into the
21 public record.
22 3 . This Council has received certification of
cancellation valuation based on current market value from Steve
23 Daniel of the Riverside County Assessor's office which indicates
that the cancellation fee on this property would amount to such
24 $146,275. 00 based on current market values. This certification
is set forth as Exhibit 3 to this resolution
25
266 ADOPTED this 2nd day of April, 1991.
27 .
23
Mayor of the City ot',gan Jacinto, CA
20 ATTEST:
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31
Deputy City Clerk of the City of San Jacinto, CA
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: 41
1
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CERTIFICATION
3
4 I, Nancy Randolph, Deputy City Clerk of the City of
San Jacinto, California, do hereby certify that the foregoing
5 Resolution No. 1949 was regularly introduced and adopted by the
City Council of the City of San Jacinto, California, at an
g adjourned regular meeting thereof held on the 2nd day of April,
1991, by the following vote of the Council:
7
g AYES: Councilmen Boykin, Ford, Hafliger and Leahy
9 NOES: None
10 ABSENT: Council-man Rose
11 ABSTAINED:
12
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
13 the official seal of the City of San Jacinto, California, this
2nd day of April, 1991.
14
15 > L
16 Depu::y City Clerk of the City of Sap. Jacinto, CA
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Agricultural Preserve Diminishment 1-89
Exhibit 3
COUNTY OF RIVERSIDE County Administrative Center
4080 Lemon Street
OFFICE OF THE ASSESSOR Riverside, California 92502
(714) 787-6331
TO: Ross Nammar, City Manager
City of San Jacinto, California
FROM: FRANK C. SEELEY, ASSESSOR
SUBJECT: CERTIFICATION OF CANCELLATION VALUATION OF LAND AND ADDITIONAL
DEFERRED TAXES FOR A PORTION OF SAN JACINTO NO.3, MAP NO.207
CERTIFICATE OF CANCELLATION VALUATION
BASED ON CURRENT MARKET VALUE
I, the undersigned, hereby certify, pursuant to the provisions of Government
Code Section 51283(a) and Title 18, California Administrative Code, Section
470, that the cancellation valuation for the below described property is as
follows:
ASSESSOR'S CANCELLATION CANCELLATION
PARCEL NUMBER VALUATION FEE
430-130-029-2 $ 18,000.00 $ 2,250.00
430-130-030-2 115,000.00 14,375.00
430-130-031-3 17,000.00 2,125.00
430-130-038-0 250,200.00 31,275.00
430-190-021-0 175,600.00 21,950.00
430-190-022-1 594,400.00 74,300.00
Total $1,170,200.00 $146,275.00
FIRST YEAR CONTRACT ENTERED INTO = 1972 VIA INST.#26778 - 02/29/72
TOTAL CANCELLATION FEE. . . . . . . . . . . $146,275.00 _
(per Section 51283a)
TOTAL ADDITIONAL DEFERRED TAXES. . -0-
(per Section 51283. 1d)
GRAND TOTAL DUE. . . . . . . . . . . . . . . . . . $146,275.00
FRANK C. SEELEY
COUNTY ASSESSOR
Date: OCTOBER 11, 1989 by: Deputy County Assessor
ST'JH T. DANTEL
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