CC Resolution 1993-081^"E RESOLUTION 93-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, EXTENDING THE TIME PERIOD FOR
PAYMENT OF THE CANCELLATION FEE ASSOCIATED
WITH TENTATIVE CANCELLATION OF AGRICULTURAL
PRESERVE #74
WHEREAS, a Land Conservation Contract was entered into with the
County of Riverside pursuant to the California Land Conservation Act of 1965
Government Code Section 51200 et seq.* for the property as shown on Exhibit A"
attached hereto, which contract is dated June29, 1976, and was recorded September
2, 1976, as Instrument No.132450 in the Office of the County Recorder of Riverside
County, California; and,
WHEREAS, upon annexation by the City of La Quinta effective January
30, 1991, Coachella Valley Agricultural Preserve #74, Map No.382 was divided by
the adopted City limits, whereby a 160 acre portion of said agricultural preserve is
located within the incorporated boundary of the City of La Quinta; and,
WHEREAS, on December 3, 1991, the La Quinta City Council adopted
Resolution 91-107, approving a request by Landmark Land Company of California to
cancel the Land Conservation Contract for said portion of said Agricultural
Preserve, pursuant to California Government Code Section 51280 et. seq.; and,
WHEREAS, in accordance with the California Environmental Quality Act,
a draft and Final EIR was prepared on the overall Specific Plan 90-017 project and
its related applications, and was certified by the La Quinta City Council. Cumulative
impacts, including the loss of agricultural land, were recogniz*d in the City
Council's adoption of the EIR for Specific Plan 90-017, of which said 160 acre portion
of Agricultural Preserve #74 is a part, and in the Council's adoption of a Statement
of Overriding Considerations; and,
WHEREAS, Resolution 91-107 and California Government Code Section
51283 allow for an extension of time for payment of the cancellation fee as set forth
in said Resolution; and in the referenced code section; and,
WHEREAS, the Applicant, Landmark Land Company of California, has
requested an extension of the time period in which the cancellation fee is to be paid;
and,
WHEREAS, Landmark Land Company assets were seized by the
Resolution Trust Corporation, thereby freezing said assets, of which the subject
property is a part; and,
WHEREAS, the amount of the cancellation fee has been recalculated, as
required by Resolution 91-107, with said recalculated fee in the amount of $731,736;
and,
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WHEREAS, the La Quinta City Council has determined that, due to the
fact that the subject property is currently under terms of a sale agreement as a
result of a recent land auction held after the aforementioned fee recalculation, It is
appropriate to allow for a lateF recalculation of the cancellation fee prior to a final
Certificate of Cancellation being issued for the subject property; and,
WHEREAS, the City Council of the City of La Quinta has made the
following findings to justify the request for extension of time for cancellation fee
payment:
1. That the landowner, Landmark Land Company, has been prevented from
complying with the Conditions of Approval for Tentative Cancellation of
Agricultural Preserve #74 due to the Federal seizure of Landmark Land assets,
including the subject real property.
2. That the Federal seizure of said real property constitutes an involuntary
transfer of the property, rendering it unavailable for immediate use in
producing a greater economic return to the landowner.
3. That the City Council finds that it is in its best interests to conserve
agricultural land, and in consideration of consistency with the La Quinta
General Plan, such that the fee payment shaU be deferred.
BE IT RESOLVED, FOUND, AND DETERMINED by the City Council of the C*ty
of La Quinta, County of Riverside, State of California, in regular session assembled
on October 19, 1993, that:
1. The time in which to pay the cancellation fee associated with Agricultural
Preserve #74 is hereby extended to coincide with the expiration date of the
land conservation contract, as established by the filing of a notice of non-
renewal for the subject preserve on June 12, 1986.
2. The City Council has determined that the extension request is consistent with
Chapter 7, Part 1, Division 1 of Title 5 of the California Government Code,
and further that the City Council has complied with the requirements of
California Government Code 51280 et. seq. in approving the extension of time.
3. That for the cancellation to become effective prior to expiration of the land
conservation contract per the notice of non- *newal, the landowner shall make
payment to the Treasurer of Riverside County the total cancellation fee, to be
determined prior to any request by the landowner for final cancellation of the
contract. If the landowner, for whatever reason, is unable to obtain a revised
cancellation fee, that the landowner shall pay the previously recalculated fee
amount of $731,736 prior to receipt of a final Certificate of Cancellation.
BE IT FURTHER RESOLVED, that upon payment of the said
recalculation fee, the land conservation contract for Agricultural Preserve #74 shall
be canceled in accordance with Resolution 91-107 and the applicable provisions of
California Government Code Section 51200 et. seq.
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Resolution No. 93-81
APPROVED AND ADOPTED by the La quinta City Council at a regular
meeting held this 19th day of October, 1993, by the fouowing vote:
AYES: Council Members Banqerter, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member McCartney
ABSTAIN: None
City of La Quinta, California
ATTEST:
*AUNDRA L. JUHOLA; City Clerk
City of La Quinta, California
APPROVED AS TO FORM
A)AIJJA**(?* d I *
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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EXHIBIT A"
COACHELLA VALLEY AGRICULTURAL
PRESERVE NO.74
CANCELLATION OF LAND CONSERVATION CONTRACT
A * I'% A LI*. I A L I*L J A I A LIr% * A* A
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