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RESOLUTION NO. 123-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
Approving Tentative Cancellation of Agricultural
Preserve Contract
WHEREAS, on February 6, 1970, Jerome Magee and Harry H. Magee
entered a Land Conservation Contract ("Contract") with the
County of Contra Costa in accordance with the California Land
Conservation Act (Government Code section 51200 et seq.).
(See Resolutions of the County Board of Supervisors Nos. 69/763
and 69/807 and Magee application 1394-RZ.) The Contract was
recorded on March 9, 1970 on page 326 et. seq. Book 6080 of
the official Records of Contra Costa County;
WHEREAS, on December 4, 1981, Harry H. Magee filed a petition
for cancellation of a portion of the Contract, covering
property owned by him. The property owned by Harry Magee
and the subject of the petition for cancellation is referred
to here as the "subject property". The subject property
consists of 590+ acres located south and west of Blackhawk
Road in Danville, further identified as Assessor's Parcel
Nos. 215-070-002 and 215-080-010;
WHEREAS, the request for cancellation is made under Government
Code section 51282.1; and
WHEREAS, on October 24, 1983 the Planning Commission acted to
recommend that the Council grant tentative approval for
cancellation of the Contract regarding the subject property
subject to the following conditions:
a. Planned Unit District preliminary plan
approval be achieved within one year of
the date of tentative cancellation, with
possible one year extension at the
discretion of City Council;
b. Full payment of cancellation fees as
established by the Contra Costa County
Assessor's office at the time of P-1
Preliminary plan approval.
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NOW, THEREFORE, the City Council of the City of Danville
hereby FINDS and RESOLVES as follows:
1. The Council finds that:
a. the cancellation and alternative land use
of the subject property will not result
in discontiguous patterns of urban
development; and
b. the alternative use is consistent with
the amended general plan as initiated
by the landowner. (See Res. No. 118-83.)
2. Tentative approval is granted for cancellation
of the Contract as it relates to the subject
property. This tentative approval is subject
to the following conditions:
a. Planned Unit District preliminary plan
approval be achieved within one year of
the date of tentative cancellation, with
possible one year extension at the
discretion of City Council;
b. full payment of cancellation fees as
established by the Contra Costa County
Assessor's office at the time of P-i
Preliminary plan approval.
3. The Contract remains in effect for portions of
land not a part of the subject property for which
cancellation was requested: that is, property
now owned by Jerome Magee, identified as Assessor's
Parcel Nos. 202-050-041, 202-050-042, 202-050-047,
202-050-049, 202-050-050 and 202-050-051.
PASSED, ADOPTED and APPROVED by the City Council of the City of
Danville on November 7, 1983, by the following vote:
AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf
NOES: None
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