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Huy Pham - Certificates for Tentative and Final Cancellation Contract

Riverside City Council
October 22, 2024

Document
Huy Pham - Certificates for Tentative and Final Cancellation Contract
Meeting
October 22, 2024
Body
Riverside City Council
Original file
458 KB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

RECORDING REQUESTED BY:

CITY OF RIVERSIDE, CITY CLERK
AND WHEN RECORDED MAIL TO:

City of Riverside
3900 Main Street
Riverside, California 92522
Exempt Recording Fees per Government Code Sections 6103 and 27383

CERTIFICATE OF TENTATIVE CANCELLATION
OF

LAND CONSERVATION CONTRACT
This certifies that in accordance with the California Government Code Article 5, Chapter 7, Division 1 of Title 5 (beginning with Section 51280), the City Council of the City of Riverside has made findings necessary to support issuance of this Certificate of Tentative Cancellation to Huy Pham, hereinafter referred to as OWNER, for cancellation of the Land Conservation Contract attached hereto and made a part hereof as Exhibit "A".

This Certificate concerns a 0.91-acre parcel of real property described and depicted in Exhibit "B" (legal description and map), attached hereto and made a part hereof, which is in the City of Riverside and which is all of the property subject to the provisions of the above-referenced contract ("Property").

The petition for cancellation was accompanied by a proposal for a specified alternative use of the Property, and sets forth the following proposed alternative use:

The proposed alternative use consists of the future construction of a single-family residence and an Accessory Dwelling Unit on the Property.

The City Council of the City of Riverside will, in accordance with Government Code Section 51283.4(b), within thirty (30) days of receipt of written notice from OWNER that the conditions and contingencies hereinafter set forth have been satisfied, make its determination whether or not such conditions and contingencies are, in fact, satisfied, and if it is determined that the conditions and contingencies have been satisfied, the City will execute, by its City Manager, a Certificate of Cancellation of the above Land Conservation Contract set forth in Exhibit "A" covering the Property and cause the same to be recorded.

The conditions and contingencies which must be satisfied prior to execution of a Certificate of Cancellation by the City Manager of the City of Riverside are as follows:

1. Payment in full of the cancellation fee, determined in accordance with Government Code Section 51283, in the amount of Thirty-Four Thousand Three Hundred Seventy-Five Dollars ($34,375).

Should the OWNER fail to pay the cancellation fee as herein provided within one (1) year from the date this Certificate is recorded or a Certificate of Cancellation cannot otherwise be issued within one (1) year from the date this Certificate is recorded, the cancellation fee shall be recomputed.

If the OWNER has been unable to satisfy the above conditions and contingencies, owner shall so notify the City of Riverside of the particular conditions or contingencies which they are unable to satisfy. Within thirty (30) days after receipt of such notice, and upon a determination that the OWNER is in fact unable to satisfy such conditions and contingencies, the City Manager of the City of Riverside shall execute a Certificate of Withdrawal of this Certificate of Tentative Cancellation and cause such certificate to be recorded.

This Certificate of Tentative Cancellation is hereby executed this _day of 2024, by the City Manager of the City of Riverside.

City Manager
ATTEST:

Donesia Gause
City Clerk
Approved as to Form:

Securm
Anthony L. Beaumon
Deputy City Attorney
24-1299 09/11/24

ACKNOWLEDGEMENT
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On_ before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to that person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is truce and correct.

WITNESS my hand and official seal.

Signature (Seal)
RECORDING REQUESTED BY:

CITY OF RIVERSIDE, CITY CLERK
AND WHEN RECORDED MAIL TO:

City of Riverside 3900 Main
Street Riverside, California
Exempt Recording Fees per Government Code Sections 6103 and 27383

CERTIFICATE OF FINAL CANCELLATION
OF

LAND CONSERVATION CONTRACT
This certifies that in accordance with Article 5, Chapter 7, Division 1 of Title 5 (beginning with Section 51280) of the California Government Code, the City of Riverside and Huy Pham, owner of the subject real property ("OWNER"), have canceled Land Conservation Contract attached hereto and incorporated herein as Exhibit "A" ("CONTRACT"') pertaining to that real property located within the City of Riverside and more particularly described in the legal description and map attached hereto and incorporated herein as Exhibit "B". This Certificate of Cancellation is based upon the following:

1. That OWNER filed a sufficient Petition for Cancellation and Proposal for Specified Alternative Use with the City of Riverside;

2. That the CONTRACT is being canceled only as to that portion of the real property which it restricts as set forth in Exhibit "B");

3. That OWNER presented sufficient evidence to the City of Riverside to allow the City Council for the City of Riverside to make the findings required for cancellation of the CONTRACT as set forth in California Government Code Section 51282;

4. That the City of Riverside found that cancellation of the CONTRACT is consistent with the purposes of the Williamson Act and is in the public interest;

5. That the City of Riverside held a noticed public hearing in compliance with California Government Code Section 51284 concerning cancellation of the CONTRACT;

6. That the City of Riverside issued and recorded as Instrument No.: a Certificate of Tentative Cancellation for the CONTRACT on or about 2024, in compliance with Government Code Section 51280 et seq.; and

7. That OWNER has satisfied all conditions and contingencies set forth in the Certificate of Tentative Cancellation, including payment of the cancellation fees as may be provided for in the Certificate of Tentative Cancellation.

This Certificate of Cancellation is hereby executed this day of _ 2024, by the City Manager of the City of Riverside.

City Manager
ATTEST:

Donesia Gause
City Clerk
Approved as to Form:

By: Quithen Secuam
Anthony L. Beaumon
Deputy City Attorney
24-1299 09/13/24

ACKNOWLEDGEMENT
State of California
County of
On before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to that person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is truce and correct.

WITNESS my hand and official seal.

Signature (Seal)

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