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HomeMy WebLinkAbout7865RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO NAME City Clerk, City of Redlands SIREFT ApAftE5ADPRE$ 5 P O BOX 3005 CITY,DET & Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded In Official Records, County of San Bernardino BOB SUTTON ASSESSOR RECORDER CLERK .i� 367 City of Redlands Clerk Doc# 2018-0223190 Titles 1 Fees Taxes CA SB2 Fee Others Paid SPACE ABOVE FOR RECORDER'S USE ONLY Resolution 7865 -Tentative Cancellation of Land Conservation Contract Title of Document THIS 'EAS FSR THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) 6120121318 11 59 AM KE Pages 7 00 00 Do 00 00 RESOLUTION NO 7865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT NO 74 -ROI 5 (WILLIAMSON ACT REMOVAL NO 14) WHEREAS, pursuant to the California Land Conservation Act of 1965 and by Resolution No 2128, the City Council of the City of Redlands has authorized the establishment of Agriculture Preserves throughout the City, and WHEREAS, the property described in Exhibit "A" attached hereto (the "Property") was previously located in an Agricultural Preserve established by Resolution No 2999 of the City Council and was removed from Agricultural Preserve on May 1, 2007 by Resolution No 6600 of the City Council, and WHEREAS, the owner of the Property and the City have entered into a Land Conservation Contract No 74-R015, and WHEREAS, on March 20, 2007, the owner of the Property recorded a notice of non- renewal for Land Conservation Contract No 74-R015 and has since petitioned the City for cancellation of that Land Conservation Contract, and WHEREAS, on May 1, 2007, the City Council adopted Resolution No 6595 approving Williamson Act Removal No 8, a tentative approval for contract cancellation for the Property, and WHEREAS, on December 10, 2009, the owner of the Property recorded a Notice of Withdrawal of the Notice of Non -Renewal of Land Conservation Contract, and WHEREAS, on April 10, 2018, the owner of the Property recorded a notice of non -renewal for Land Conservation Contract No 74-R015 and has since petitioned the City for cancellation of that Land Conservation Contract, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1. In accordance with Govermrient Code Section 51282, the City Council of the City of Redlands hereby finds that Cancellation of Land Conservation Contract No 74-RO15 is consistent with the Williamson Act and further specifically finds that A The cancellation is for land on which a notice of nonrenewal has been served pursuant to Government Code Section 51245 a Filing of nonrenewal has been filed with the City Clerk, 1 1 1Resolutions\Res 7800 7899/7865 Reso WAR No 14 docx B That the cancellation is not likely to result in the removal of adjacent lands from agricultural use as the overall project site is bordered by residential uses on the south, north, and east A City owned grove is located to the immediate west Residential uses continue to the west of the City grove The Project area and its broader area is identified within the General Plan residential use, C That the cancellation is for an alternative use which is consistent with the applicable provisions of the City's General Plan, the property has a General Plan Land Use Designation of Very -Low Density Residential (0-2 7 units per gross acre) and the proposed Project is consistent with this designation D That the cancellation will not result in the discontiguous patters of urban development because the project proposes the infill development of vacant land surrounded by residential and educational land uses and fulfilling the land use pattern as described in the City's General Plan E That there is no proximate non -contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, that development of the contracted land would provide more contiguous patters of urban development than development of proximate non -contracted land The Project site for which the cancellation is proposed is largely surrounded by existing residential development or land zoned for residential use The Project site is surrounded by non -contracted land that was previously removed from Williamson Act Contract as a result of prior entitlement approvals by the City in 2007 with the intent to establish a 199 unit Planned Residential Development F San Bernardino County Assessor's Parcel No 0168-161-05 is hereby granted approval for tentative cancellation of Land Conservation Contract No 74-R015 Section 2. Pursuant to Government Code Section 51283 4, the Property owner shall satisfy the conditions and contingencies contained in Exhibit "B" attached hereto and incorporated herein by this reference The Property owner further shall notify this City Council whether or not it has been able to satisfy such conditions Within thirty days after receiving such notice from the Property owner, this City Council shall either execute a Certificate of Cancellation or a withdrawal of tentative approval of a Cancellation of Contract and cause the same to be recorded Section 3 This Resolution shall take effect only after the adoption, and on the effective date, of the City of Redlands Ordinance No 2873 2 11Resolutsons\Res 7800 7899178 6 5 Reso WAR No 14 docr ADOPTED, SIGNED AND APPROVED this 19th day of June, 2018 .�Foster, Mayor ATTEST 4"ev-' nne Donaldson, City Clerk I 1Resolutions\Res 7800 7899/7865 Reso WAR No 14 docx 1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that Resolution No 7865 was duly adopted by the City Council at a regular meeting thereof held on the 19t' day of June, 2018 by the following vote AYES Councilmembers Barich, Tejeda, Momberger, James, Mayor Foster NOES None ABSENT None ABSTAIN None rine Donaldson, City Clerk 4 1 1Resoiurions\Res 7800-789917865 Reso WAR No 14 doex Exhibit "A„ LEGAL DESCRIPTION Real property in the City of Redlands, County of San Bernardino, State of California, described as follows THE EAST '/20F THE EAST %2 OF THE SOUTHWEST '/ OF THE NORTHWEST % OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF APN 0168-161-05-0000 5 1 1ResoluuonslRes 7800 789917865 Reso WAR No 14 docx Exhibit "B" Resolution No 7865 CONDITIONS OF APPROVAL 1 Prior to recordation of a Certificate of Cancellation the apphcant shall pay in full the required cancellation fee as deferred taxes upon cancellation The County Assessor's Office provided a Land Conservation Contract Cancellation Valuation worksheet that identifies the value of the subject property as $1,695,000 Pursuant to Government Code Section 512$3, payment by the landowner of a cancellation fee is calculated as 12 5% of the valuation prepared by the County Assessor Based on the assessed value of the subject property, the cancellation fee to be paid to the State of California is $212,250 Failure to pay the cancellation fee within one (1) year from the date of tentative approval shall result in a recomputation of the cancellation fee 2 The Applicant shall defend, indemnify and hold harmless the City and its elected officials, officers and employees from and against any claim or suite challenging the City's approval of this Resolution No 7865 6 I IResolutions\Res 7800 7899/7865 Reso WAR No 14 docx