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AP 2005-002PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO. - CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 La Quinta, CA 92247-1504 DOG a 2005-0475271 06/15/2005 08:00A Fee -NC Page 1 of 6 Recorded in official Records County of Riverside Larry U. Ward Assessor, County Clerk a Recorder 111111111111111111111111111111111111111111111 IN 1111 M U PAGE SLZE DA PCOR NOCOR SMF MISC. q I R L 1 COPY LONG REFUND NCHG EXAM SPACE ABOVE FOR RECORDER'S USE ONLY FINAL CERTIFICATE OF CANCELLATION OF LAND CONSERVATION CONTRACT FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247 Attention: City Clerk (SPACE ABOVE FOR RECORDERS USE) EXEMPT FROM RECORDING FEE PER Gov. CODE § 27383 FINAL CERTIFICATE OF CANCELLATION OF LAND CONSERVATION CONTRACT FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 (Cal. Gov't Code § 51283.4) 1. Final Approval of Cancellation. The City Council on May 17, 2005 granted final approval of cancellation of the Land Conservation Contract for a portion of Coachella Valley Agricultural Preserve No. 76, Amd #2, Map #451, recorded on January 11, 1978, (Document No. 5946) and on January 19, 1978 (Document No. 11158) in Riverside County Official Records (the "Contract"). 2. Tentative Approval of Cancellation. Pursuant to City of La Quinta Resolution No. 2005-037, adopted by the City Council of the City of La Quinta at a public hearing held on May 4, 2005, the City Council tentatively approved, subject to the findings, conditions and contingencies in such Resolution, cancellation of the Land Conservation Contract for a portion of Coachella Valley Agricultural Preserve No. 76, Amd #2, Map #451, recorded on January 11, 1978, (Document No. 5946) and on January 19, 1978 (Document No. 1 1158) in Riverside County Official Records (the "Contract"). 3. Certification of Amount of Fee Cancellation. The cancellation fee of $789,62.5, pursuant to section 51283 of the Government Code, has been paid. 4. Final Certification of Cancellation. Pursuant to California Government Code Section 51283.4(a), the Clerk of the City of La Quinta must record this final certificate of cancellation of the Contract ("Tentative Certificate") in the office of the Riverside County Clerk - Recorder. In conformity with California Government Code section 51283.4(a), the following information is certified in connection with the final cancellation of the Contract: PAstan\the hideaway,ap 2005-002 final cert of cancel. doc 4.1.1 _Name of Landowner Requesting Cancellation. The name of the landowner requesting cancellation of the Contract is East of Madison, LLC, a Delaware limited liability company ("Landowner"). 4.1 .2 Legal Description of Property. The property subject to this Final Certificate is legally described as Riverside County Assessor Parcel Numbers 767-200-002, and 767-200-003 (the "Property"). 4.1.3 Conditions Precedent to Recordation of Certificate of Cancellation. This Final Certificate of Cancellation of the Contract is being issued and recorded at this time based upon the fact that the conditions and contingencies specified in the Tentative Certificate of Cancellation and in Resolution No. 2005- 037 have been satisfied. 4.1.4 Description of Conditions and Contingencies. Each of the following conditions and contingencies has been satisfied as a condition precedent of the City Council of the City of La Quinta authorizing the execution and recording of the Final Certificate of Cancellation specified in California Government Code section 51283.4(b): (a) The Landowner has paid the full amount of the cancellation fee of seven hundred eighty-nine thousand, six hundred twenty-five dollars ($789,625). (b) The Landowner has obtained all permits and approvals necessary to commence the project on the Property. (c) The conditions and contingencies contained in Resolution No. 2005-037, which are hereby incorporated herein by this reference as if repeated in full, have been satisfied. IN WITNESS WHEREOF, the City of La Quinta provides the aforementioned certification as required by California Government Code section 51283.4. Executed this ?6*_ day of M 2005. R\stan\the Wdeaway\ap 2005-002 final cat of cancel. doc -2- THE CITY OF LA QUINTA, a public body corporate and politic BY -s� � /., , I � Thomas P. Genovese, City Manager ATTEST: By —<ZK reek, City Clerk City of La Quinta, California APPROVED AS TO FORM: By': W Kath ine Jensoqf ity Attorney City of La Quinta, California P:\Stan\[he hideaway\ap 2005-002 final cert of cancel.doc -3 - STATE OF CALIFORNIA ] ) SS COUNTY OF Riverside j On May 25, 2005 , before me, Regenia Hensley personally appeared THOMM P. GENOVESE personally known to me ) to be the person(s) whose name(s) ishum subscribed to the within instrument and acknowledged to me that hei # + executed the same in his�'m� '� & authorized capacity(ies), and that by hishbtk signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Not y Public C61 11 Na1Qyftwsb6 too* .M[og - R-I.Woongg P:\stan\the hideaway\ap 2005-002 final cart of canml.doc —4— GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PENURYTHATTHE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Regenla Hensley NAME OF COUNTY: Riverside DATE COMMISSION EXPIRES: 10/23/2008 COMMISSION NUMBER: 1521423 SIGNATURE: DATE VERIFIED: Mav 25.2005 LOCATION VERIFIED: COUNTY: Riverside STATE. California PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92247-1504 DOC a 2005-0460433 06/09/2005 08:00A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clark 8 Recorder 1111111111111111111111111111111111111111111111111111111 M 1 U PAGE SIZE DA PCOR NOCOR SMF MISC. A R V L COPY LONG REFUND NCHG EXAM CERTIFICATE OF TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247 Attention: City Clerk (SPACE ABOVE FOR RECORDERS USE) EXEMPT FROM RECORDING FEE PER Gov. CODE § 27383 CERTIFICATE OF TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 (Cal. Gov't Code § 51283.4) 1. Tentative_Appro_vai_of Cancellation. Pursuant to City of La Quinta Resolution No. 2005-037, adopted by the City Council of the City of La Quinta at a public hearing held on May 4, 2005, the City Council tentatively approved, subject to the findings, conditions and contingencies in such Resolution, cancellation of the Land Conservation Contract for a portion of Coachella Valley Agricultural Preserve No.76, Amd #2, Map #451, recorded on January 11, 1978, (Document No.5946) and on January 19, 1978 (Document No. 1 1158) in Riverside County Official Records (the "Contract"). 2. Certification of Amount of Fee Cancellation. The amount of the cancellation fee, pursuant to section 51283 of the Government Code, has been determined and certified by the City Council to be $789,625. 3. Certification of Tentative Cancellation. Pursuant to California Government Code Section 51283.4(a), the Clerk of the City of La Quinta must record this certificate of tentative cancellation of the Contract ("Tentative Certificate") in the office of the Riverside County Clerk — Recorder. In conformity with California Government Code section 51283.4(a), the following information is certified in connection with the tentative cancellation of the Contract: 3.1 .1 Name of Landowner Requesting Cancellation. The name of the landowner requesting cancellation of the Contract is East of Madison, LLC, a Delaware limited liability company ("Landowner"). 3.1.2 Legal Description of Property. The property subject to this Tentative Certificate is legally described -as Riverside County Assessor Parcel Numbers 767-200-002, and 767-200-003 (the "Property"). PAstanithe hideaway\ap 2005-002 cert of tmt cancel.doc 3.1.3 Conditions Precedent to Recordation of Certificate of Cancellation. A certificate of cancellation of the Contract will be issued and recorded at the time that the conditions and contingencies specified in this Tentative Certificate and in Resolution No. 2005-037 are satisfied. 3.1.4 Description of Conditions and Contingencies. Each of the following conditions and contingencies must be satisfied by prior to and as a condition precedent of the City Council of the City of La Quinta authorizing the execution and recording of the certificate of cancellation specified in California Government Code section 51283.4(b): (a) The Landowner shall have paid the full amount of the cancellation fee of seven hundred eighty-nine thousand, six hundred twenty-five dollars ($789,625). Unless the fee is paid or a certificate of cancellation is issued within one year from the date of the recording of this Tentative Certificate, the fee shall be recomputed as of the date on the notice described in California Government Code section 51283.4(b) and the recomputed fee shall be paid in full as a condition of final cancellation of the contract. Neither the cancellation fee nor any portion thereof shall be waived. (b) The Landowner shall obtain all permits and approvals necessary to commence the project on the Property. (c) The conditions and contingencies contained in Resolution No. 2005-037, which are hereby incorporated herein by this reference as if repeated in full, shall be satisfied. IN WITNESS WHEREOF, the City of La Quinta provides the aforementioned certification as required by California Government Code section 51283.4(a). Executed this It^ day of A A&IL4 2005. ATTEST THE CITY OF LA QUINTA, a public body corporate and politic d��e �Greek, City W--"` f Thomas P. Genovese, City Manager APPROVED AS TO FORM: By: -d / ]J M. Katherine Je n, City Attorney Mstan\the hideaway\ap 2005-002 cen of tmt cancel doc -2- STATE OF CALIFORNIA ) ) ss COUNTY OFi/u—s�d�. ) On O?%V //_ before me, r l personally appEfared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/executed the same in his/�K authorized capacity(ies), and that by his/lei signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. �orrrr�ian � 1�21�i Nolary PLM - ccooff la rdvemm County hAy Comm. EOT600 23.: [SEAL] PAstarAthe hideaway\ap 2005-002 ce[t of tmt cancel.doc Not Public -3- GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Regenia Hensley NAME OF COUNTY: Riverside DATE COMMISSION EXPIRES: ID 3 20U8 COMMISSION NUMBER: 152142.3 SIGNATURE: DATE VERIFIED: LOCATION VERIFIED: COUNTY: Riverside STATE: California �� 4 4 Q" FILE COPY P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 August 23, 2005 Mr. Scott Hanna Riverside County Assessors Office, 3RD Floor 82675 Highway 1 1 1, #309 Indio, CA 92201 Subject: Williamson Act Contract Cancellation for Ag. Preserve 76 Dear Mr. Hanna: Attached are copies of the information I faxed to you earlier on this date regarding Ag. Preserve cancellation No. 76. Should you need additional information please let me know, Sincerely, 45-�Gwl� z5AWUG, Stan Sawa Principal Planner Encl. P:\stanNdeaway\ap 2005-002 assess Itr.doc FROM:GWL c.�►.L r I FAX NO. ('7Ap-7 -7_ 1 DATE: $ Z. Page 1 of C011lrilents: 7 CA ■n Iw If you.did not receive all pages of this document, please call (760) 777- c MAILING ADDRESS: P 0 gOX 1504, LA QUINTA, CALIFORNIA 92253 PAFax. wpd N0 Eb90 «b 60 EZ180 LL68698G LLVE i1nS38 1N3S S39Vd 3Sn HI1 HI1 ' 1S OI NOIIVNI1S30 # 131 NOIANIIS30 ON XH/X1 NO NOISSINSMI idOdH Xi ********************* LOOF9 A30 'WW00 V1NIn0 V1 6EZLLLL09L XV3 V9:60 90OZfEZ180 P P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 June 28, 2005 State of California Department of Conservation 801 "K" St., 241h Floor Sacramento, CA 95814 (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Re: Final Certificate of Cancellation of Land Conservation Contract for a Portion of Coachella Valley Agricultural Preserve No. 76 Gentlemen: Please find enclosed a copy of the recorded Final Certificate of Cancellation of Land Conservation Contract for a Portion of Coachella Valley Agricultural Preserve No. 76. The enclosed Document Number 2005-0475271 was recorded June 15, 2005. Should you require any further documentation, please do not hesitate to contact me at (760) 777-7123. Thank you for your assistance in this matter. Sincerely, JUNE S. GREEK, CMC City Clerk Enclosu/Douglas e cc: R. Evans, Community Development Director Cindy Zamorez, Madison Club N i P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 June 10, 2005 Ms. Grace Presto Office of the Treasurer - Riverside County 4080 Lemon Street, 4' Floor Riverside, CA 92501 Re: Williamson Act Cancellation Fee for a Portion Coachella Valley Agricultural Preserve No. 76 Dear Ms. Presto: Please let this letter stand as a request by the City of La Quinta to have your Office accept this Agriculture Cancellation Fee. Per Section 51283 of the California Government Code, please find enclosed materials for the Agriculture Cancellation Fee for a Portion of Coachella Valley Preserve No. 76, within Riverside County. The enclosed materials include the following: A check in the amount of $789,625.00 made outto the County Treasurer (Paul McDonnell). 2. A Certification of Cancellation Valuation of Land from Riverside County Assessor's Office for Coachella Valley Agricultural Preserve No. 76. 3. Resolution No. 2005-037 bythe City Council of the City of La Quinta, approving aTentative Cancellation of Land Conservation (Williamson Act) Contract for Coachella Valley Agricultural Preserve No. 76. 4. A copy of the "Conformed Copy" of the Certificate of Tentative Cancellation of Land Conservation (Williamson Act) Contract for a Portion of Coachella Valley Agricultural Preserve No. 76. When received, a copy of the "recorded" Certificate of Tentative Cancellation will be forwarded to you as requested. Please send us a letter accepting these materials and a receipt for the check so that we may finalize our process in having a Final Certificate of Cancellation recorded with Riverside County . Mr. Bati June 10, 2005 Page 2 Thank you for your assistance in this matter. Should you have any questions or need additional information regarding the above, please feel free to contact me at your earliest convenience at (760) 777-7002. Sincerely, JUNE S. GREEK, CMC City Clerk Enclosures Sincerely, G� p� .�$ cc� ►�c.c:.(, (�-d- �=4v�.c-I�- ~-� r Go►�v�.�ti�.ov�t,�►,�, i'D0006380'9ii' �:`i 2 L000'248�:28 248 2ii' v000063809u' 1: 12 L000 2481: �28 248 2V ol'007896 2500.1' Ur'i Ort BANCAL rya. MTRY PK. ` , - 4FS�K � F: L4 �• r�a��- ' f� =`f: f _ ?� i"�i. �v�t R`Sa _�.r��.'s �.i: _ _ _ .. vFig& UD MWIR. g i l fir RX. E j- a, r 12'h 1 C)52F 7 61 c � x 0 z "moo o-0„omz m o3a2?Lnofl C)LC1Ad v- r" +pr-m �yz-jix G7m M"n z a z a 9 i Shipment Label Page 1 of 1 California Overnight Shipping Label CA L WoRNtA rmwcaloverxom Date Printed 5/25/2005 1:40:16 PM Shipped From: CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA, CA 92253 Ship To Company: RIVERSIDE COUNTY CLERK 2720 GATEWAY DRIVE RIVERSIDE, CA 92502 RECORDER (951)486-7000 619010056318623 Tracking#D10010056318623 Sent By: GINA HENSLEY Phone#:(760)777-7123 wgt(lbs): 0 Reference: AG PRESERVE #76 Decl. Value: $0 Service: S Sort Code: O NT Special Services: FILE On http://www.calover.com/webontrac/newrun.asp?delname=RIVERSIDE+COU... 5/25/2005 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 May 25, 2005 Harold Beals, Chief Deputy Recorder Riverside County Recorders Office P. O. Box 751 Riverside, California 92502-0751 Dear Mr. Beals: Please find enclosed for recording a Certificate of Tentative Cancellation of Land Conservation Contract for a Portion of Coachella Valley Agricultural Preserve No. 76. I have enclosed an additional copy, along with a stamped, self-addressed envelope for a conformed copy. Thank you for your assistance. Sincerely, <� --(e. 'X� JUNE S. GREEK, CMC City Clerk Enclosures cc: Douglas R. Evans, Community Development Director E14 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 La Quinta, CA 92247-1504 SPACE ABOVE FOR RECORDER'S USE ONLY CERTIFICATE OF TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 'RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247 Attention: City Clerk (SPACE ABOVE FOR RECORDERS USE) EXEMPT FROM RECORDING FEE PER Gov. CODE § 27383 CERTIFICATE OF TENTATIVE CANCELLATION OF. LAND CONSERVATION CONTRACT FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 (Cal. Gov't Code § 51283.4) 1. Tentative Approval of Cancellation. Pursuant to City of La Quinta Resolution No. 2005-037, adopted by the City Council of the City of La Quinta at a public hearing held on May 4, 2005, the City Council tentatively approved, subject to the findings, conditions and contingencies in such Resolution, cancellation of the Land Conservation Contract for a portion of Coachella Valley Agricultural Preserve No.76, Amd #2, Map #451, recorded on January 11, 1978, (Document No. 5946) and on January 19, 1978 (Document No. 1 1158) in Riverside County Official Records (the "Contract"). 2. Certification of Amount of Fee Cancellation. The amount of the cancellation fee, pursuant to section 51283 of the Government Code, has been determined and certified by the City Council to be $789,625. 3. Certification of Tentative Cancellation. Pursuant to California Government Code Section 51283.4(a), the Clerk of the City of La Quinta must record this certificate of tentative cancellation of the Contract ("Tentative Certificate") in the office of the Riverside County Clerk — Recorder. In conformity with California Government Code section 51283.4(a), the following information is certified in connection with the tentative cancellation of the Contract: 3.1.1 Name of Landowner Requesting Cancellation. The name of the landowner requesting cancellation of the Contract is East of Madison, LLC, a Delaware limited liability company ("Landowner"). 3.1.2 Legal Description of Pro ert . The property subject to this Tentative Certificate is legally described as Riverside County Assessor Parcel Numbers 767-2007002, and 767-200-003 (the "Property"). PAstan\the hideaway\ap 2005-002 cert of tmt cancel.doc 3.1.3 Conditions Precedent to Recordation of Certificate of Cancellation. A certificate of cancellation of the Contract will be issued and recorded at the time that the conditions and contingencies specified in this Tentative Certificate and in Resolution No. 2005-037 are satisfied. 3.1.4 Description of Conditions and Contin encies. Each of the following conditions and contingencies must be satisfied by prior to and as a condition precedent of the City Council of the City of La Quinta authorizing the execution and recording of the certificate of cancellation specified in California Government Code section 51283.4(b): (a) The Landowner shall have paid the full amount of the cancellation fee of seven hundred eighty-nine thousand, six hundred twenty-five dollars ($789,625). Unless the fee is paid or a certificate of cancellation is issued within one year from the date of the recording of this Tentative Certificate, the fee shall be recomputed as of the date on the notice described in California Government Code section 51283.4(b) and the recomputed fee shall be paid in full as a condition of final cancellation of the contract. Neither the cancellation fee nor any portion thereof shall be waived. (b) The Landowner shall obtain all permits and approvals necessary to commence the project on the Property. (c) The conditions and contingencies contained in Resolution No. 2005-037, which are hereby incorporated herein by this reference as if repeated in full, shall be satisfied. IN WITNESS WHEREOF, the City of La Quinta provides the aforementioned certification as required by California Government Code section 51283.4(a). Executed this day of , 2005. ATTEST THE CITY OF LA QUINTA, a public body corporate and politic B De ( K_ Greek, City Cl By - Thomas P. Genovese, City Manager APPROVED AS TO FORM: By: //IZ41_6sy� 01 M. Katherine Jton, City Attorney PAstan\the hideaway\ap 2005-002 cent of tmt cancel.doc —2— STATE OF CALIFORNIA ) ss COUNTY OF On ;%j�do6 , before me, personally app ared as G e personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/executed the same in his/hepk*e'rr authorized capacity(ies), and that by his/hoF44eir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, r-A t .`71 • ■ .• r • � [SEAL] M71r ��� _,r �/ _ -• — P:\stan\the hideaway\ap 2005-002 cert of tmt cancel. doc -3 - GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS ' STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Re enia Hensley NAME OF COUNTY: Riverside DATE COMMISSION EXPIRES: 10 23 2008 COMMISSION NUMBER: 1521423 SIGNATURE: DATE VERIFIED: v I v�DD 5- f LOCATION VERIFIED: COUNTY: Riverside STATE: California 0C -v m n= m0 Z C-) �m <Z �D rn N O O C31 Cv o -n cCDc 3 sU c 3 Qo CD r CD' r+ o * v � CD 1+ 0 K c Cl) 0' c sv � no 0=C cD -n V Q M. co Ei. 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Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 May 11, 2005 Debbie Sareeram, Interim Director STATE OF CALIFORNIA Director of Conservation Director's Office, 24" Floor 801 K Street Sacramento, CA 95814 Subject: Notice of Action on Petition for Williamson Act Contract Cancellation Dear Ms. Sareeram: In compliance with Government Code Section 51284, enclosed is a notice that the City of La Quinta has granted Tentative Cancellation of a Williamson Act Contract. Should you have any questions, please call me at 760 777-7064. Sincerely, Stan Sawa Principal Planner Encl. C: John Gamlin, East of Madison, LLC (w/o enclosures) D•\c+on\F. i,�no.n.o..\on 7Anr_nn) A— 1W) A-- CITY OF L.AQUINTA NOTICE OF CITY COUNCIL ACTION APPROVING TENTATIVE CANCELLATION OF A WILLIAMSON ACT CONTRACT NOTICE IS HEREBY GIVEN that the City of La Quinta City Council held a PUBLIC HEARING on MAY 3, 2005, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, California on the following item: ITEM: CONSIDERATION OF A PETITION FOR CANCELLATION OF A WILLIAMSON ACT CONTRACT FOR 40 t ACRES (PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76) APPLICANT: EAST OF MADISON, LLC LOCATION: SOUTH SIDE OF AVENUE 52, 1320 FEET EAST OF MADISON STREET LEGAL: ASSESSOR'S PARCEL NUMBERS: 767-200-002 & 767-200-003 The City of La Quinta City Council on the 3rd of May, 2005, approved the tentative cancellation of the Contract for 40 t acres for a portion of Coachella Valley Preserve No. 76, (as depicted above), to allow the future development of residential and golf course uses on the subject property, as allowed by approved Specific Plan 99-035, Amendment #1, at al. The City Council made the following findings to support their action: 1. The cancellation is for land on which a Notice of Non -renewal has been served pursuant to Gov. Code section 51245. 2. The cancellation is not likely to result in the removal of adjacent lands from agricultural use. 3. The cancellation is for an alternative use that is consistent with the applicable provisions of the City's General Plan. 4. The cancellation will not result in noncontiguous patterns of urban development. 5. 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, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non -contracted land. 6. Other public concerns substantially outweigh the objectives of the Williamson Act. Full justification to support the findings are on file in the Community Development Department at La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California 92253 and may be viewed Monday through Friday, 8 am to 5 pm. PUBLISH ONCE ON MAY 16, 2005 1/8 PAGE DISPLAY AD PAHearing notice\cc ag cancel cc final notice.doc — THE — MADISON CLUB MAY May 4, 2005 Hand delivered Stan Sawa CITY OF LA QUINTA P.O. Bog 1504 La Quinta, CA 92253 RE: Madison Club/Williamson Act Contract Cancellation Dear Stan: East of Madison, LLC has met the 3 conditions of approval noted in the resolution approving the cancellation as follows: I. Cancellation Fee. We delivered a check to you in the full amount of $789,625 on May 2. 2. Permits and Approvals. All are in place for commencement of development on the subject 40 acres. The Specific Plan Amendment and Tentative Tract map are approved. In addition, PMIO, demolition plans and a mass grading plan are approved. The mass grading plans featured a phase line separating the subject property from the balance of the land which is now being graded. Upon recordation of the Certificate of Cancellation of Contract, the 40 acres can be released. 3. Indemnification. East of Madison, LLC agrees to the indemnification as stated in the conditions. We request that the final Certificate of Cancellation of Contract be brought back before the cancellation at its next meeting. Our schedule is challenging, so time is of the essence. Thanks for a great job by the Community Development staff on this matter. Sincerely, EAST OF MADISON, LLC ❑hn P. Gamlin� Vice President MAY - 4 2005 OF LAOUINfA UOfsraUNITY PFVF1.0?1'+E'-iT OEP,41��it���'Ii vEVELOP'MEN T OFFICE MAILING ADDRESS: PO Box 1482, LA QUINTA, CA 9224.7 STREET ADDRESS: 80-955 AVENUE 52, LA QUINTA, CA 92253 TEL 760 391-5072 FAx 76o 398-5788 I — THE — MADISON CLUB May 2, 2005 Hand delivered Stan Sawa CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 1EULP._�'V[F MAY - 2 2005 CITY OF LA,QUINTA COMMUNITY DEVELOPMENT DEPARTMENT RE: Madison Club/Williamson Act Contract Cancellation penalty Dear Stan: Enclosed is a check in the amount of $789,265.00 in payment of the cancellation penalty for the referenced development. The amount is per a letter from Larry W. Ward of the County of Riverside Assessor -County Clerk -Recorder's office dated April 12, 2005 (see enclosure). Payment of the fees satisfies Condition of Approval #I of the Resolution. Condition #2, regarding all permits and approvals necessary to commence the project, will be satisfied with the cancellation. We have a grading permit in hand for the proximate non -contract property and would request release of the subject property after recordation of the cancellation, assuming it is approved by the council. If anything else is required in of us, please contact me. I will be present tomorrow night to answer any questions the council may have. Sincerely, EAST OF MADISON, LLC John P. Gamlin Vice President Enclosures; DEVELOPMENT OFFICE MAILING ADDRESS: PO Box 1482, LA QUINTA, CA 92247 COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER P.O. BOX 751 RIVERSIDE CA 92502-0751 (951) 486-7450 LARRY W. WARD Assessor -County Clerk -Recorder 82-675 Highway 111, Room 309 Indio, CA 92201-5994 April 12, 2005 Re: AP Cancellation Valuation Coachella Valley # 76 Mr. John Gamlin 80955 Avenue 52 La Quinta, Ca. 92253 Dear Mr. Gamlin: CATHY COLT ASSISTANT Administrative Division TAUNA MALLIS ASSISTANT County Clerk -Recorder Division FRIT SWAIN ASSISTANT Valuation Division Notice is hereby given that a valuation was done by the Riverside County Assessor's Office to determine the cancellation value for Agricultural Preserve parcels in Coachella Valley # 76 Map # 451. The date of this valuation was April 12, 2005. The results of this valuation are as follows: Assessor's Parcel # Valuation 767-200-002-4 $ 45186,000 767-200-003-5 2,131,000 Total Cancellation Valuation $ 6,317,000 Cancellation Fee- 12.5% $789,625 Under California law effective Jan 1, 2005, you have the right to request a formal review of the valuation if you disagree with it, and you have 45 days from the date of receipt of this notice to reply. Yours truly, ZW. We�'d Zeyssor-Clerk-Recorder Scott Hanna Senior Appraiser Agricultural Section EAST OF MADISON, LL-C BANK OF Ah._ACA 001035 P.O. BOX 1462 Private Bank -San Francisco LA QUINTA, CA 92247-1482 555 California St. San Francisco, CA 800.909.5462 11-W-1210 Pay:*********************************789* thousand *625* dollars and no cents DATE CHECK NO. AMOUNT April`15, 2005 1035 $****789,625.00 City of La Quinta PAY P.O. Box 1504 TO THE 78-495 Calle Tampico ORDER La Quinta, CA 92247-1504 OF II'00 LO 3 SIIm 1: L 2 L000 3 581: L 3 29 7---0680 ?II1 EAST OF MADISON, LLC CITY 01 I DATE INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION 4-26-05 042605REQ AP Canellation Valuati 789625.00 0 4-15-05 1 CHECK NUMBER 1035 789625.00 BALANCE 789625.00 789625.00 I v a-r 4 z Iq J LL 0 U_ MJ W 0- _J U z Z) O U H U LL O w U_ O z LU H z LU i-- LLl ��0 VJ z O U O rI— V z_ w 2 U Q z O U) 2 Q J J_ Q LL O z O J W U z Q U U H z O U co co rn J J C 0 = U c: � E s 0' o d 0 co 00 0 N ^ L r' O LO 4- cm Oca oU N O ca (n N C a"� �O UQ� O O _U E c a ` o E O cB > ~ O Z a) Q Co OwU = Lo C:U� O J Op U m 7 M a a cl tIn E 0 co W�U c mU O LU 0 U WO M =U2 Vi +_' 4- LU j5 co ca �- C C E 0 7 7 0 z0O t o a o Q N Z ~ LUO O J F- LU LU O 00o~C� U)U F- O_ LL. n m Q OLU CY) 0_ J W VJ W Cr- Q�U Lin m aaw LL. +I 0LL.0Q J J D Z W Z >^ 0 Z W >W Q= LU U ZZo ^ Q (� LL_F- O W 00 a 0_ M Q OLL_ F- JCC < zLU Q = O LU —J LL (n o 0 0 ZZZ<W 02 LU 0<00cr Q 0LL. 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U) "O a) O Q- C 'E 4- O a) V a) U : 'L CD 0 F' co -0 a E O O U 4- o_ co � U)) ca Q) O c 11; a)>, Q 0- a) L a) 0 � � _ � � 0) '� a)a)a a) U 0 -0 L Q 'O O U 0 4--'' (D () a) cu co 4,_ o a`ai Em U0I co 0 0 0 a) v d M O o ca 0 = •� v a) ) a) t +, � 0 _-C a) •- C L O O +. L E +, a N 0 2 Q E 4- O Q t .E LO 0� U O- L O Co E O ch C 4- a) CD - L O L +� a- o �' LL U� ++ w CU m Q O L U 0 U a o �' o 0� m ° ..c U a) C a-0 > O. a) m ' Co fl ' C O c0v F- U -0 0 Q 0 S E= O H O 0U C 6 -+,--, 0 0 LO 0 0 N N N J_ Q= z O LU Z 0 2 U) J m IL OF � COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER P.O. BOX 751 RIVERSIDE CA 92502-0751 (951) 486-7450 LARRY W. WARD Assessor -County Clerk -Recorder TO: Doug Evans, Director of Community Development FROM: Larry W. Ward, Assessor -County Clerk -Recorder CATHY COLT ASSISTANT Administrative Division TAUNA MALLIS ASSISTANT County Clerk -Recorder Division FRIT SWAIN ASSISTANT -Valuation Valuation [Division L,J APR 1 8 2005 SUBJECT: CERTIFICATION OF CANCELLATION VALUATION OF LAND FOR: COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 CERTIFICATE OF CANCELLATION VALUE BASED ON CURENT MARKET VALUE I, the undersigned, hereby certify, pursuant to 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 CURRENT MARKET CANCELLATION CANCELLATION PARCEL NUMBER VALUE VALUATION FEE 767-200-002-4 $4,186,000 $4,186,000 $ 523,250 767-200-003-5 $2,131,000 $2,131,000 $ 266,375 TOTAL $6,317,000 $6,317,000 $ 789,625 TOTAL CANCELLATION FEE $ 789,625 [Per Section 51283 (a) TOTAL CURRENT MARKET VALUE Larry W. Ward Assessor -County Clerk -Recorder Date �+ I by [ c $6,317,000 STATE OF CALIFORNIA, RESOURCES AGED ARNOLD SCHWARZENEGGER, GOVERNOR 7/>' "'r I DEPARTMENT OF CONSERVATION vt DIVISION OF LAND RESOURCE PROTECTION 801 K STREET • MS 18-01 . SACRAMENTO, CALIFORNIA 95814 PHONE 916 / 324-0850 • FAX 916 / 327-3430 . TDD 916 / 324-2555 . WEB SITE conservation.ca.gov r-y��y 1 ��• �[ i �`J L April 15, 2005 APR 2 7 2005 Mr. Stan Sawa, Principal Planner City of La Quinta Community Development Department P.O. Box 1504 La Quinta, CA 92247-1504 :I v GF LAQUI ETA PMENT RE: Cancellation of Land Conservation (Williamson Act) Contracts Nos. 5946 and 11158, APN's 767-200-002 and 003, Coachella Valley #76; Landowner: East of Madison, LLC Dear Mr. Sawa: Thank you for submitting the notice to the Department of Conservation (Department) as required by Government Code section 51284.1 for the above referenced matter. The petition proposes to terminate the Land Conservation contracts on two adjoining 20-acre parcels that are a portion of the 988-acre County Club of the Desert Specific Plan (Plan). The Plan consists of three 18-hole golf courses on 525-acres, low -density residential uses on 402-acres and 61-acres utilized for arterial roads. Approximately 21 single-family residences and portions of a golf course will be developed on the parcels subject to the cancellation petition. The parcels are located south of 52nd Avenue between Madison and Monroe Streets in the City of La Quinta. Cancellation Findings Government Code Section 51282 states that tentative approval for cancellation may be granted only if the local government makes one of the following findings: 1) cancellation is consistent with purposes of the Williamson Act or 2) cancellation is in the public interest. The Department has reviewed the petition and information provided and offers the following comments. Cancellation is Consistent with the Purposes of the Williamson Act The petition proposes to cancel the Williamson Act contracts based upon a consistency finding. For the cancellation to be consistent with purposes of the Williamson Act, the La Quinta City Council (Council) must make findings with respect r1he Department of Conservation's mission is to protect Californians and their environment 6y. (Protecting lives and property from earthquakfs and landslides; Ensuring safe mining and oil andgas drilling; Conserving California's farmland; andSaving energy and resources through recycling. Mr. Stan Sawa April 15, 2005 Page 2of3 to all of the following: 1) a notice of nonrenewal has been served, 2) removal of adjacent land from agricultural use is unlikely, 3) the alternative use is consistent with the City's General Plan, 4) discontiguous patterns of urban development will not result, and 5) that there is no proximate noncontracted land which is available and suitable for the use proposed on the contracted land or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Notices of nonrenewal were recorded by Riverside County Recorder on December 26, 2002 for the subject cancellation parcels. Based on the information provided, the Department is unable to conclude that removal of adjacent land from agricultural use is unlikely. Though the cancellation parcels are adjacent to existing and planned urban development to the west, south and east; several small contracted parcels lie north of the Plan area, across 52nd Avenue and within the City of Indio. Subdivision, especially one that results in residential development, will increase landowner expectations for non-agricultural use of their lands, and result in greater potential for land use conflicts between urban uses and agricultural operations on adjacent agricultural land. The Hideaway golf development lies to the west and the Rancho Santana subdivision lies to the northeast of the Plan area. Lands proposed for residential and golf course developments consistent with the Plan lie to the south of the cancellation parcels. It does not appear that the cancellation of the parcels will result in a pattern of discontiguous urban development. The proposed alternative use is consistent with the City's General Plan designation for low -density residential and golf course development. Proximate noncontracted lands are largely developed or have development approvals. As the 40-acre cancellation site is a portion of the larger Country Club of the Desert Specific Plan, there appears to be no proximate noncontracted land that is both suitable and available for the uses proposed. As a general rule, land can be withdrawn from Williamson Act contract through the nine- year nonrenewal process. It is inconsistent with the purposes of the act to allow abrupt cancellation if nonrenewal would accomplish the same objective. Therefore, there must be substantial evidence that awaiting the normal termination of the contract would fail to serve the purpose that purports to justify cancellation (Sierra Club v. City of Ha ward (1981), 28 Cal. 3d 855). Additionally, Tentative Tract Map 33076 appears to have been approved without regard to the provisions of the Subdivision Map Act relating to subdivision of contracted land (Government Code section 66474.4). Subsection (a) of that section provides: Mr. Stan Sawa April 15, 2005 Page 3of3 "The legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds that either the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, and if the legislative body finds that the land is subject to any of the following: (1) A contract entered into pursuant to the [Williamson Act].... Lastly, legislation effective January 1, 2005, requires the county assessor to send notice to the Department and landowner of the current fair market value of the land and of the opportunity to request a formal review from the assessor prior to any action giving tentative approval to the cancellation of any contract. (SB 1820, Machado, Chapter 794, Statutes of 2004 (Section 51283(a)). Thank you for the opportunity to provide comments on the proposed cancellation. Please provide our office with a copy of the Notice of the Public Hearing on this matter ten (10) working days before the hearing and a copy of the published notice of the Board's decision within 30 days of the tentative cancellation pursuant to section 51284. Additionally, we request a copy of the discussion of the Council's findings pursuant to section 51282. If you have any questions concerning our comments, please contact Adele Lagomarsino, Program Analyst at (916) 445-9411. Sincerely, Dennis J. O'Bryant Actino Assistant Director APR-13-05 WED 11:42 AM P. i ` �tl Riverside Count' ��-# ti•i ,Assessor -Coup y Clerk -Recorder (760) 863-8716 FAX (760) 863-8917 FAX TRANSMISSION COVER SHEET ,Date: 41,409- To: Down e VIES Fax,, 'j(PD - -m - 1 Z33 rr l f )- 7 Subject: Settler: SOOTT HANNA AGRICULTURAL APPFIAI21=R YOU SlIOULD RECEIVE TWO PAGE(S), INCLUDING THIS COVER SHEET Jr. YOU DO ND.T RECEIVE ALL 7"HE J'AGES, PLEASE CALL (760) 863-s724 APR-13-05 WED 11:42 AM P, 2 COUNTY OF RIVERSIDE ' ASSESSOR -COUNTY CLERK -RECORDER P.O. BOX 751 RIVERSIDE CA 92502-0751 (951) 486-7450 LARRY W. WARD Assessor -County Clerk-Recordor TO: poug Evans, Director of Community Development FROM: Larry W. Wald, Assessor -County Clerk -Recorder GATNY COLT AssisTANT Administrative Division TAUNA MALLIS ASSISTANT County Clark-ROcorder Division FRIT SWAIN ASSISTANT Valuation Division SUBJECT; CERTIFICATION OF CANCELLATION VALUATION OF LAND FOR; COACHELLA VALLEY AGRICULTURAL PRESERVE, NO. 76 CERTIFICATE OF CANCELLATION VALUE BASED ON CURENT MARKET VALUE I, the undersigned, hereby certify, pursuant to 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 CURR13NT MARKET C,A.NCELL.ATION CANCELLATION PARCELNUMBER VALUE VALUATION FEE 767-200-002-4 $4,186,000 $4,186,000 $ 523,250 767-200-003-5 $2,131,000 $2,131,000 $ 266,375 TOTAL $6,317,000 $6,317,000 $ 789,625 ~TOTAi. CANCELLATION FEE $ 789,625 [PeF Section, 51283 (a) TOTAL c RRENT MARKET VALVE Lairy w. Ward Assessor -County Clerk -Recorder Date L?_r0 $6,317,000 by cA- *,4p (4U1 'ILE COPY 4(a . P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPIGO (760) 777-7000 LA QuINTA, CALIFORNIA 92253 FAX (760) 777-7101 March 24, 2005 Debbie Sareeram, Interim Director STATE OF CALIFORNIA Director of Conservation Director's Office, 24" Floor 801 K Street Sacramento, CA 95814 Subject: Petition for Williamson Act Contract Cancellation Dear Ms. Sareeram: In compliance with Subdivision (a) of Gov. Code Section 51284.1, the City of La Quinta is providing notice to your agency that it has accepted and found complete a Petition for Cancellation of Williamson Act Contracts. This transmittal includes the following components: A A copy of the Petition (with attached Exhibits). B. A copy of the subject Williamson Act Contracts. (Exhibit "B" attached). C. A diagram of the subject Williamson Act Property. (Exhibit "A" attached). D. A copy of the Notices of Non -Renewal (Exhibit "C" attached). E. A copy of the City of La Quinta letter declaring the Petition complete. We have tentatively scheduled the cancellation hearing for the City Council meeting of May 3, 2005. Therefore, we are providing approximately 37 + days for your agency's review and comments. Should you have any questions, please call me at 760 777-7064. Sincerely, Stan Sawa Principal Planner Encl. C: John Gamlin, East of Madison, LLC (w/o enclosures) Doug Evans, Community Development Director (w/o enclosures) , } D•\c+o nl h�rin��.i\or. 7nnr,_nn'J A-... It, Al G-� PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS TO: City of La Quinta FROM: East of Madison, LLC DATE: March 18, 2005 "Petitioner," East of Madison, LLC, submits the following "Petition" for Cancellation of Williamson Act Contracts: I. FACTUAL BACKGROUND REGARDING CANCELLATION 1. City Adoption of 'Williamson Act Rules. On August 6, 2002, the City adopted Resolution 2002-123, which established Rules and Regulations relating to Williamson Act matters. Section 7 of 'Resolution 2002-123 provides that procedures for cancellation and nonrenewal of Williamson Act contracts shall be those set forth in the Williamson Act. The cancellation proposed by this Petition is compliant with the procedures set forth in the Williamson Act and the City's Williamson Act Rules and Regulations. 2. Williamson Act Pro e . Petitioner is the owner of approximately 40 acres of real property comprised of two legal lots and identified as Assessor's Parcel Nos. 767-200-002 ("Parcel One") and 767-200-003 ("Parcel Two") (collectively, "Williamson Act Property"). A depiction of the Williamson Act Property is attached hereto as Exhibit "A". 3. NVilliams Act Contracts. On January 1, 1978, Parcel One and Parcel Two were separately made subject to a California Land Conservation Act of 1965 contract ("Williamson Act Contracts") between the then -owners of the Williamson Act Property and the County of Riverside ("County"). A copy of the recorded Williamson Act Contracts is attached hereto as Exhibit "B", and a legal description of the Williamson Act Property is set forth therein. 4. A ricultural Preserve No. 76 Amd. #2 Map #451. Upon recordation of the Williamson Act Contracts, the County designated the Williamson Act Property Coachella Valley Agricultural Preserve No. 76. 5. Notices of Non -Renewal. On December 26, 2002, Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 (Parcel One) and 2002-776904 (Parcel Two), Official Records of Riverside County, Califomia. Copies of the Notices of Non -Renewal are attached hereto as Exhibit "C". 6. Proposed Pro'ect. The Williamson Act Property is part of a larger property being developed as a world -class residential and golf community known as "The Madison Club." Cancellation of the Williamson Act Contracts is being sought in order to allow this development of the PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 Williamson Act Property. Approximately 21 single-family residential units and portions of a golf course will be developed on the Williamson Act Property. Unless specified to the contrary, all references hereinafter to the "Project" shall mean the development of both the Williamson Act Property specifically and The Madison Club generally. 7. Annexation #15 and Related Documents. On January 13, 2003, Petitioner filed an application with the Riverside County Local Agency Formation Commission ("LAFCO") for approval of Annexation #15, which would authorize annexation of approximately 198. acres (including the subject Williamson Act Property) to the City of La Quinta ("City"). In connection with said application, certain documents were prepared and/or submitted to LAFCO, and acted upon both before and after the annexation as follows: A. Resolution No. 2002-91 adopted by the City on June 18, 2002, certifying a "Mitigated Negative Declaration" prepared for Zone Change 2001-100, Annexation, and Pre -Annexation Designations of 200 Acres (including the subject Williamson Act Property). B. Notice of Determination filed by the City with the Riverside County Clerk on July 8, 2002 in compliance with Section 21152 of the Public Resources Code, in connection with the City's certification of the Mitigated Negative Declaration. C. LAFCO A royal of Annexation #15. On June 26, 2003, LAFCO adopted Resolution 33-03, which approved Annexation #15. 8. Specific Plan 99-035 Amendment #1 and Tentative Tract 1%1ay 33076. On February 1, the City Council took the following actions on Specific Plan 99-035, Amendment #1 and Tentative Tract Map 33076: A. Resolution 2005-015 adopted by the City on February 1, 2005, certifying an "Addendum" to Environmental Impact Report SCH #99061109 prepared for Specific Plan 99-035, Amendment #1, and Tentative Tract Map 33076 (including the subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000-154, adopted by the City on November 21, 2000 certifying the Environmental Impact Report prepared for a Specific Plan, Tentative Tract Map, Street Vacation, and Conditional Use Permit for Environmental Assessment 99-380 for Specific Plan 99-035; Tentative Tract Map 29894; Street Vacation 2000-041; and Conditional Use Permit 200-053. B. Notice of Determination filed by the City with the Riverside County Clerk on February 26, 2005, in compliance with Section 21152 of the Public Resources Code, in connection with the City's certification of the Addendum (including the subject Williamson Act Property). C. Resolution 2005-016 adopted by the City on February 1, 2005, establishing Development Standards, Principles, and Guidelines and Programs for Lands Totaling 1,018 Acres for Specific Plan 99-035, Amendment #1 (including the 637787.04/SF D2659-003/3-18-05/1pUtp1 2 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000-156, adopted by the City on November 21, 2000 approving specific plan development principals and guidelines for a golf and residential community for Specific Plan 99-035. D. Resolution 2005-017 adopted by the City on February 1, 2005, Approving the Subdivision of Approximately 472 Acres into 225 Lots and Miscellaneous Lots for Tentative Tract 33076 (including the subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000- 157, adopted by the City on November 21, 2000 approving the subdivision of 988 acres into 819 residential lots and miscellaneous lots for Tentative Tract Map 29894. IL SUBSTANTIVE LAW REGARDING CANCELLATION 1. City is Successor to County and has Authority to Cancel Wjlliamson Act Contracts. Gov. Code section 51235 provides that a city acquiring jurisdiction over an agricultural preserve by annexation shall have all the rights and responsibilities specified in the Williamson Act for cities or counties, including the right to enlarge, diminish or disestablish an agricultural preserve within its jurisdiction. Gov. Code section 51243 provides that after any annexation of property to a city, the city succeeds to all rights, duties and powers of the county under the contract. By completion of Annexation #15, the City succeeded to all rights, duties and powers of the County under the subject Williamson Act Contracts, and gained the authority to cancel same. 2. Requirements of Gov. Code section 51282(e). Gov. Code section 51282 'provides that a Petition is to be accompanied with a "specified alternative use of the land" and a list of "those governmental agencies known by the landowner to have permit authority related to the proposed alternative use." In this case, the proposed alternative use is the Project as defined above in this Petition, and as further defined in the Country Club of the Desert Specific Plan Amendment, which was approved by the City on February 1, 2005. A copy of the Amendment is on file with the City's Planning Department. Petitioner can provide further detail as to the alternative use if requested. As to the list of agencies known to the landowner to have permit authority related to the alternative use, those agencies are the Riverside County LAFCO, the City of La Quinta, the Coachella Valley Water District, the Regional Quality Control Board, the City of Indio, and the County of Riverside. 3. FindingLPu rsuant to Gov. Code section 51282. In order to cancel the Williamson Act Contracts, the City must find either that "the cancellation is consistent with the purposes of [the Williamson Act]" or that "the cancellation is in the public interest." Gov. Code § 51282. However, even though state law requires only one or the other of the findings, it is common practice to make both sets of findings. Therefore, this Petition does so. The City Council also must make the findings required by Pub. Res. Code section 21081, if section 21081 is applicable. As described below in Section II.3.C, in this case section 21081 is not applicable. 637787.04/sF D2659-003/ 3-18-05/tpUtpt PETITION FOR CANCELLA A jON OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 A. Subdivision N of Gov. Code section 51282 provides that the cancellation of a contract shall be consistent with the purposes of Williamson Act only if the City Council makes all of the following five findings: (1) The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Gov. Code section 5I245. Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 and 2002-776904, Official Records of Riverside County, California, on December 26, 2002, and were served on the City on June 26, 2003. (2) The cancellation is not likely to result in the removal of adjacent lands from agricultural use. To the contrary, the Project continues the planned and orderly development of the City of La Quinta. The Williamson Act Property is being added to the Desert of the Country Club ("DOCC") Specific Plan area, which is adjacent to and extends along the entire west and south boundaries of the Williamson Act Property. The Project's mix of residential and private golf course uses continues the existing residential and private golf course uses on those lands in the DOCC Specific Plan area. The Project also is a continuation of the existing "Hideaway" development, a single-family residential and golf community that borders the Project to the west and is substantially constructed. Because these lands are already developed, the cancellation cannot result in their removal from agricultural uses. As to the lands to the Project's east, although most if not all of these lands are not yet developed, these lands are either in the preliminary stages of the development process or are planned for future development, in accordance with the City's General Plan. Therefore, it would be the City's long-term planning and growth policies, and not this cancellation, that causes the removal of these lands from agricultural use. As to the lands to the Project's north, these lands are located in the City of Indio and are used for equestrian shows and other equestrian activities at the Empire Polo Grounds, as well as other outdoor events. The City of Indio's General Plan and Zoning authorize a small amount of residential uses on these lands. Because the uses on these lands are already non -agriculture and/or planned for residential uses, this cancellation cannot cause the removal of these lands from agricultural use. (3) The cancellation is for an alternative use that is consistent with the applicable provisions of the City's General Plan. The General Plan designates the Williamson Act Property as "Low Density Residential" with an "Agriculture/Equestrian" Overlay. See General Plan Land Use Diagram. The Low Density Residential designation authorizes up to four (4) dwelling units per acre. The Project's net density of 1.38 dwelling units per acre falls within this limitation. The Agriculture/Equestrian Overlay permits private golf course uses when those uses are authorized in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. 637787.04/SF D2659-003/3-18-05/ tpVtp1 4 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 The Project also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. (4) The cancellation will not result in noncontiguous patterns of urban development. To the contrary, the Project continues the City's orderly pattern of urban development and growth. As described above in Finding No. 2, the lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although these lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The cancellation therefore does not create or result in "leapfrog" development with pockets of undeveloped lands. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Williamson Act Property would result in a nonconlia ous pattern of development because the Williamson Act Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property would be inconsistent and disorderly. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will connect to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. 637787.04/SF D2659-003/3-18-05/tpt/tpi PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (5) 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, the development of the contracted land would provide more contiguous patterns of urban development than development ofproximate, non -contracted land. As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land. Gov. Code § 51282(c). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. Id. in this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted: However, the lands to the Project's west and south are all part of the CCOD Specific Plan area, and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate,' non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Williamson Act Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non -contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. B. SubdiAsion (c) of Gov. Code section 51282 provides that the cancellation of a contract shall be in the "public interest" only if the City Council makes both of the following findings: (1) Other public concerns substantially outweigh the objectives of the Williamson Act - Cancellation of the Williamson Act Contracts and development of the Williamson Act Property is consistent with the City's General Plan, which calls for the development of the Property with residential and golf course uses. The General Plan designates the Property for low 637787.04/SF 6 D2659-003/3-18-05/tp d tpt PETITION FOR CANCELLA7 !ON OF WILLIAM SON ACT CONTRACTS East of Madison, LLC March 18, 2005 density residential uses, and authorizes golf course uses when those uses are set forth in an adopted specific plan. See General Plan Land Use Diagram. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. Cancellation of the Williamson Act Contracts also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. Development of the Williamson Act Property fulfills the City's protocol for orderly and well -planned development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although the lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The cancellation does not create or result in "leapfrog" development with pockets of undeveloped lands located between existing urban development and the Williamson Act Property. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Property would create a noncontiguous pattern of development because the Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property therefore would be inconsistent and disorderly. According to the Legislature, the availability of housing is a matter of "vital statewide importance," and "the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order." Gov't Code § 65580(a). The attainment of this goal "requires cooperative participation between government and the private sector" (Gov't Code § 65580(b)), and the use of state and local governmental power "to facilitate the improvement and development of housing" (Gov't Code § 65580(d)). The cancellation of the Williamson Act Contracts will fulfill the foregoing state policies promoting the development of much -needed housing because the Project proposes to provide approximately 21 residential units. The Project's residential development also will contribute to the City's obligation under the state Planning and Zoning Law to provide its regional fair share of housing. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will be connected to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. 637787.04/SI= D2659-003/3-18-05/tpt/tpl fit PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. (2) 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, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non -contracted land. As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land. Gov. Code § 51282(c). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. Id. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non - contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non - contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. 637787.04/SF D2659-003/3-18-05/lpVtpI PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 C. Subdivision of Gov. Code section 51282 provides that the City Council must make the findings required by Pub. Res. Code section 21081, if section 21081 is applicable. Section 21081 does not apply to the Project because an environmental impact report has not identified one or more significant effects on the environment that would occur if the Project is approved or carried out. To the contrary, the City certified both an Addendum to the CCOD Specific Plan EIR and a Mitigated Negative Declaration for the Project, each of which concluded that the Project would not cause any significant environmental impacts. 4. Determinin2 Cancellation Fee under Gov. Code section 51283. Gov. Code section 51283 sets forth provisions for determining the fee that must be paid upon cancellation of a Williamson Act contract, as follows: A. Subdivision a of Gov. Code section 51283 provides that prior to any City Council action tentatively approving the cancellation, the County Assessor shall determine the current fair market value of the land as though it were free of the contractual restriction ("cancellation valuation"), and the Assessor shall certify to the Council the cancellation valuation of the land for the purpose of determining the cancellation fee. Discussion: Pursuant to previous discussions with an authorized, representative of the County Assessor's office in Indio, a copy of this Petition will be delivered to the County Assessor concurrently with the filing of same with the City. B. SubdiAsion h of Gov. Code section 51283 provides that prior to any Council action tentatively approving the cancellation, the Council shall determine and certify to the County Auditor the amount of the cancellation fee which the landowner shall pay the County Treasurer upon cancellation, and that the fee shall be an amount equal to 12.5% of the cancellation valuation of the property. C. Subdivision c of Gov. Code section 51283 contains provisions relating to fee waivers which are not relevant to this Petition. D. Subdivision d of Gov. Code section 51283 provides that the first $2,036,000 of revenue paid to the State Controller pursuant to Subdivision (e) in the 2004-05, and any other amount as approved in the final State budget for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund. E. Subdivision e of Gov. Code section 51283 provides that when cancellation fees are collected, they shall be transmitted by the County Treasurer to the State Controller and deposited in the State General Fund, except as provided in Subdivision (d), within 30 days after the execution of a Certificate of Cancellation of Contract by the City Council, as specified in Subdivision (b) of Section 51283.4. 5. Finalizine Contract CanceIation and Paving Fee under Gov. Code section 51283.4. Gov. Code section 51283.4 sets forth provisions for finalizing cancellation and paying the fee, as follows: 637787.04/SF 9 D2 659-003 /3-18-0 5.!tp V [pt PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 A. Subdivision a of Gov. Code section 51283.4 provides that upon tentative approval of a petition to cancel accompanied by a proposal for a specified alternative use of the land, the Clerk of the City shall record a Certificate of Tentative Cancellation, which shall set forth the name of the landowner, the fact that a Certificate of Cancellation of Contract will be recorded when the specified conditions and contingencies are satisfied, a description of the conditions and contingencies, and a legal description of the property. Conditions to be satisfied include payment in full of the cancellation fee. Contingencies to be satisfied shall include a requirement that the landowner obtain all permits necessary to commence the project. B. Subdisision b of Gov. Code section 51283.4 provides that the landowner shall notify the City Council when the landowner has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Cancellation. Within 30 days of receipt of the notice, and upon a determination that the conditions and contingencies have been satisfied, the Council shall execute a Certificate of Cancellation of Contract and record it. III. PROCEDURAL MATTERS REGARDING CANCELLATION 1. Gov. Code section 51284 provides that no contract may be cancelled until after the city has given notice of, and has held, a public hearing on the matter. Notice shall be published pursuant to Gov. Code section 6061 (published one time in a newspaper of general circulation) and mailed to every owner of land under contract within one mile of the exterior boundary of the contracted property, and, at least 10 working days prior to the hearing, a notice of the hearing and a copy of the petition shall be mailed to the State Director of Conservation. Further, within 30 days of the tentative cancellation of the contract, the City shall publish a notice of its decision, including the date, time and place of the public hearing, a general explanation of the decision, the findings made per Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least 1/8 h page in the newspaper. (The Section provides that the publication shall be for informational purposes only, and shall create no right that would otherwise not exist.) In addition, within 30 days of the tentative cancellation of the contract, the City shall deliver a copy of the published notice of the decision to the Director of Conservation. Discussion: A list of names, addresses and Assessor's Parcel Numbers of owners of land under contract within one mile of the exterior boundary of the subject Williamson Act Property will be submitted concurrently with this Petition. In addition, see Summary of Petition Request set forth below. 2. Gov. Code section 51284.1 sets forth procedures upon filing of a Petition for Cancellation of a Williamson Act Contract, as follows: A. Subdivision (a) of Gov. Code section 51284.1 provides that when a petition for cancellation is filed, and the City accepts the petition as complete under Section 65943, the City shall immediately mail a notice to the Director of Conservation, and that the notice shall include: (1) A copy of the petition (2) A copy of the contract 637787.04/sF D2659-003/ 3-18-05/tpt/tpt 10 PETITION FOR CANCELLATION OF 'WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (3) A general description, in text or by diagram, of the land subject to cancellation of the contract. (4) The deadline for submitting comments regarding the proposed cancellation, which deadline shall be consistent with the Permit Streamlining Act, commencing with Gov. Code section 65920, but in no case be less than 30 days prior to the scheduled action by the Council. B. Subdivision b of Gov. Code section 51284.1 provides that the City Council shall send the information to the County Assessor that is necessary to describe the land subject to the proposed cancellation. The information shall include the name and address of the landowner petitioning the cancellation. C. Subdivision c of Gov. Code section 51284.1 provides that the Director of Conservation shall review the proposed cancellation and submit comments to the City by the deadline set forth in paragraph (4) of Subdivision (a), and that any comments shall advise the City on the findings required by Section 51282. D. Subdivision (d)of Gov. Code section 51284.1 provides that prior to acting on the proposed cancellation, the City Council shall consider comments submitted by the Director of Conservation. IV. SUMMARY OF PETITION REQUEST Based upon the foregoing, Petitioner requests that the City expeditiously (and in any event within applicable time periods set forth in the Permit Streamlining Act) undertake the following: 1. Review this Petition and accept it as complete under Gov. Code section 65943. 2. In compliance with Subdivision (a) of Gov. Code section 51284.1, mail a notice to the California State Director of Conservation, 801 K Street, Sacramento, California 95814, which notice shall include: A. A copy of this Petition (with attached Exhibits) B. A copy of the subject Williamson Act Contracts. (Exhibit "B" attached.) C. A diagram of the subject Williamson Act Property. (Exhibit "A" attached.) D. The deadline for submitting comments regarding the proposed cancellation, which deadline shall be consistent with the Permit Streamlining Act, but in no case be less than 30 days prior to the scheduled action by the City Council. 3. Consistent with the requirements of Subdivision (a) of Gov. Code section 51283, mail a copy of this Petition (with attached Exhibits), to the Riverside County Assessor's Office, C/O Scott Hanna, 82675 Highway 111, Room 309, Indio, California 92201, with instructions to initiate appraisal procedures in accordance with Gov. Code section 51283. 4. Consistent with the requirements of Subdivision (b) of Gov. Code section 51283, prior to any action tentatively approving cancellation of the subject Williamson Act Contracts, determine 637787.04/SF D2659-003/3-18-05/4)Utpt 11 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (based upon cancellation value information received from the County Assessor's Office) and certify to the County Auditor the amount of the cancellation fee (12.5% of the cancellation value), which Petitioner shall pay the County Treasurer upon cancellation. 5. Schedule (set a date, time and place of) a public hearing with respect to cancellation of the subject Williamson Act Contracts and the matters contained herein. 6. Publish notice of the public hearing pursuant to Gov. Code section 6061. 7. At least 10 working days prior to the date scheduled for the public hearing, mail notice of the hearing to every owner of land under contract within one mile of the exterior boundary of the subject Williamson Act Property. 8. At least 10 working days prior to the date scheduled for the public hearing, mail notice of the hearing to the Director of Conservation. 9. In compliance with Subdivision (d) of Gov. Code section 51284.1, prior to acting on the cancellation of the subject Williamson Act Contracts, consider comments, if any, submitted by the Director of Conservation. 10. At the scheduled public hearing, after receipt of any testimony and input, establish appropriate conditions and contingencies pursuant to Subdivision (a) of Gov. Code section 51283.4 which shall include, without limitation, payment by Petitioner of the full amount of the cancellation fee, and take action granting tentative approval of cancellation of the subject Williamson Act Contracts. 11. In compliance with Subdivision (a) Gov. Code section 51283.4, upon tentative approval of cancellation of the Williamson Act Contracts, cause the Clerk of the City to record a Certificate of Tentative Cancellation, which shall set forth the name of Petitioner, as the landowner, the fact that a Certificate of Cancellation of Contract will be recorded when the specified conditions and contingencies are satisfied, a description of the conditions and contingencies, and a legal description of the subject Williamson Act Property. 12. Upon receipt of the full amount of the cancellation fee from Petitioner, transmit same to the County Treasurer. 13. In compliance with Gov. Code section 51284, within 30 days of the tentative cancellation of the subject Williamson Act Contracts, publish a notice of the City's decision, including the date, time and place of the public hearing, a general explanation of the decision, the findings made per Gov. Code section 51282, and a general description, in text or by diagram, of the subject Williamson Act Property, as a display advertisement of a least 1/81' page in a local newspaper of general circulation. 14. Upon satisfaction of all conditions and contingencies, cause the Clerk of the City to record a final Certificate of Cancellation. 637787.04/SF D2659-003/3-18-05/tpt/tpt 12 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 Respectfully Submitted: East of Madison, LLC A Delaware Limited Liability Company 0 Date: o - By: 637787.04/SF ,, D2659-003/3-18-05/tpt/tpt 1 J PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "A" WILLL"ISON ACT PROPERTY • APN 767-200-002/AGN 00036 • APN 767-200-003/AGN 00037 637787.04/SF 1 4 D2659-003/3-18-05/tpt/tpt A1VCr51UG l,vuuLy %J10 rage i or 4 XRibff LWI RIVERSIDE COUNTY GIS x RISMa Riverside Cauniy GIS 0 129711 Selected parcel(s): 767-200-002 AGRICULTURE PRESERVE NOT IN AN 1COACHELLA VALLEY SELECTED PARCEL AGRICULTURAL %�i #76 PRESERVE *IMPORTANT* This information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records. Contact appropriate County Departmei or Agency if necessary. Reference to recorded documentse and public records may be necessary and is advisable. FULL REPORT APN(s): 767-200-002-4 OWNER/SITUS ADDRESS: - NRI LQLP LAND - 81301 AVENUE 52 - INDIO, CA. 92201 http://hnsnwa2.tlma.co.riverside.ca.us/cw/rclis/Print.htm 3/8/2005 tuversiae t.ounLy Ui3 rage 1 oI 4 RIVERSIDE COUNTY GIS YiVD AY RA NCFId--;�R NTA N x � --RICO CHI IY5' � A y 2 CHARGN4=YVY H1PI7&I WKS OR Riverside County GIS 0 6481L Selected parcel(s): 767-200-003 AGRICULTURE PRESERVE NOT IN AN COACHELLA VALLEY SELECTED PARCEL AGRICULTURAL #76 PRESERVE *IMPORTANT* This information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records. Contact appropriate County Departmei or Agency if necessary. Reference to recorded documentse and public records may be necessary and is advisable. FULL REPORT APN(s): OWNER/SITUS ADDRESS: 767-200-003-5 - NRI LQLP LAND - 81475 AVENUE 52 - COACHELLA, CA. 92236 http://hnsnwa2.tlma-co.riverside.ca.us/cw/relis/print.htm 3 /8/2005 X l l� e n O Y.y., u C � c� �_ Aum ❑7 in _ � V O� V �i O0. �� d N0 � � M. rl(I Wa W I LAND CONSEP;VATION CONMA.CT COUNTY OF RIVERSIDE, herein called "County" and Guy F. Edwards herein called "Owner," mutually agree: 1. This contract is made pursuant to the California Land Conservation Act of 1965, (Government Code, Section. 51200, et seq.) and affects the real property described in Exhibit "A" attached hereto and made a part of this contract, which lies within the Coachella Val'lev. i#'76 Azid #2. Mar .P431 Agricultural Preserve. 2. This contract shall talke effect on January 1, i973 , and shall remain_ in effect for an, initial term of 10 years. 3. On each anniversary date of this contract, one year shall be added to the initial term unless notice of non -renewal shall be given as provided in Section 51245 of the Government Code. Any notice of non -renewal referring tc this contract shall be recorded by the County in the office of the County Recorder whenever the contract is not renewed. c l i with Sections 5_2b2, �. This contract may b� cancelled only r. acccrdar_ce wy 57785 of the Government Colic. 5. Vffien any portion of lard subject to this contract is acquired &--v condemnation of the tee title, or by purchase in lieu thereof, for a public i=roveL^ent, this contract shall become null and void thereafter as to such portion, and may be amended to correctly reflect the description of any portion. not so acquired. 6. In consideration of the execution hereof by County, and the execution by County and other otmers within the preserve of similar contracts, the Owner, during the term of this contract, including any renewal period, agrees to use the described land only for agricultural uses and such compatible uses as are ant to the Uniform Rules established for the administration permitted by or pursu Ri ersi orated inde to drmadana part of�thisa cotract. of agricultural preserves b� Rules �.re by this reference � rp _ 7. In consideration of the execution--lerseof wit inthheOwner anthe same agricult xalupresprve, ram; tion of Similar contracts by other property o�rx not to authorize uses, other than uses permitted by or pursuant to County- agrees 4 reserve during the terra of this said Uniform Rules, within said agricultural p contract or any renewal thereof. Nothing herein shall prohibit a change of boundaries of said agricultural preserve to omit lands not subject to such contract or to include additional. lands. or �8 Any notice to be given to the Owner pursuant the ❑wnercatttY',etaddresssaid Uniform Rules may be sent by U.S. Mail address hown below the signature of the Owner. Like notices to County may e sent by s U.S. Mail addressed to Clerk, Board of 5upexvisflrs,Y .-.-_ California. Either party may -change such address b notice to the other. _ This contract .shall constitute a convenant running with the land herein. 9 described, and shall be theng�iesand heretq.inure to This cortractmay be enef tof the enforced successors and assigns Par by either party or by any fa mer of land within the same agricultural preserve ,,,hich is subject to a similar contract. . Dated January 1, ATTEST: - Donald D. Sullivan, Clerk By �~T Beputy (Seal) STATE OF CP? rFru'4I t - COU,gTi OF; On%'� �Jbefore me ersr6nally appeared, COIIiv7r AE, PIzz­ VUSZF3Enr-4 By Chairman, Board of Supervisors OWNER: L-4dress GU V ;,:��-ice r.• 2372 N . -_�amerc ii AVE. Covina Cg. Known t e to be the person hose ham subscribed 't❑ the wi . yin �L Si,AL d acknowledged tha [ ? �— OFFICIAL instrument an LOUISE MILLER e�:ecuted the s �- �' ' ~'t NOTARY PL'aLIC-CALIFORNIA m c_1'" • q/�. 1 r �g Lo ANGELES COUNTY c My Commission Exp. Aug. 1, 1980 Notary Public LOUISE 'MILLER ti 91724 EXHIBIT A All the real property in the County of Riverside, State of California, described as follows: The East half of the Northeast quarter of the Northwest quarter of Section 10, T6S-R7E, SBB&M. Guy F. Edwards 767-200-003-5 19.55/AC Coachella Valley No. 76, Amendment No. 2, Map No. 451 IMI Q P NO. 384 4GRICULTURQL MAMMA V E NO. 76 AMENDED BY MAP NO. 420, 451 T. 6S — R. 7E AMENDMENTS AMENDMENT NO. I, FEB. 15, 1977 , MAP NO. 420 AMENDMENT NO. 2, SEPT. 27, 1977 , MAP NO. 451 ADOPTED ON JUNE 29,1976 BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 0 u e 451 4I RIVERSIDE COUNTY PLANNING COMMISSION tz xYA 15IT 11.911 oe 0 W 9z it 0 a W u+ U W CO 0 a WE JD f A, Z Q ��� o. 0. W �� a o.« v n % C V a W: mV LAND CONSERVATION CONTRACT COUNTY Or RIVERSIDE, herein caned "County" and Philip B. Johnson herein called "Owner,' mutually agree: 1. This contract is made pursuant to the California Land Conservation Act of 1965, (Government Code, Section 51200, et seq.) and affects the real property described in Exhibit "A" attached hereto and made t of this contract, x�nic-1 lies within the Coachella Valley #76, Amd #2, Map �4��Apricultural Preserve. 2. This contract shall take effect on January 1, 1978, and shall remain in effect for an initial term of 10 years. 3. On each anniversary date of this contract, one year shall be added to the initial term unless notice of non —renewal shall be given as provided in Section 51245 of the Government Code. Any notice of non —renewal referring to this contract shall be recorded by the County in the office of the County Recorder wherever the contract is not renewed. 4. This contract may be cancelled only in accordance with Sections 51282, 51283, 51283.3, 51284 and 51285 of the Government Code. 5 . 1"D anOi 12nd subjeat to this contract is acqui re�A by condemnation ofthefee title, or by purchase in lieu thereof, for a public improvement, this contract shall become r_ull and void thereafter as to such portion, and may be amended to correctly reflect the description of any portion not so acquired. 6. In consideration of the execution hereof by.County, and the execution by County and other owners within the preserve of similar contracts, the OFmer, during the term of this contract, including any renewal period, agrees to use the described land only for agricultural uses and such compatible uses as are M permitted by or pursuant to the Uniform Rules established for the administration of agricultural preserves by Riverside County Ordinance No. 509. Said Uniform Rules are by this reference incorporated in and made a part of this contract. �i 7. In consideration of the e:.:ecution hereof by the Ow-er and the execution of similar contracts by other property owners within the same agricultural preserve, County agrees not to authorize uses, other than uses permitted by or pursuant to said Uniform Rules, within said agricultural preserve, during the term of this contract or any renewal thereof. Nothing herein shall prohibit a change of boundaries of said agricultural preserve,to omit ,lands not subject to such contract or to include additional lands. 8. Any notice to be given to the Owner pursuant to this contract or said Uniform Rules may be sent by U.S. Mail addressed to the Owner at the address shown below the signature of the Owner. Like notices to County may be sent by U.S. Mail addressed to Clerk, Board of Supervisors, Court House, Riverside, California. 'Either party may change such address by notice to the other. 9. This contract shall constitute a convenant running with.the land herein described, and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. This contract may be enforced by either party or by any o-,.vner of land within the same agricultural preserve which is subject to a similar contract. Dated January ATTEST: - COUNT OF RIVE" _ Donald D. Sun ll�Ja, Clerk ` By AJ Chairman, Board of Supervisors teal) Depu=y SATE of CAUL o T A 01 NER: COUNTY OF Riverside o1-TNBR: On December 28, 1977 -before me personally apnaared 01-T E-F.: Philip B. Johnson Known -to me to be the person :hose name_ is subscribed to the within instrument and acknowledged that _ bP e�:ecuted the same. Not ry Public 81-301 Axenue 52 Indio. Calif . 92201 'I I111111i 11111IfIl In I1111111111 LLIIININI [Ili 111111CIIPI1114 11I I [III Ill1I Ilil I J 111111II1111 U1111111111111111 [IIl OFFICIAL SEAL - -_ -t JUDY K. REILLY NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN = RIVERSIDE COUNTY My Commission Expires October 24, 1980 bmauuljltll{Ill]1111111113011111111r111] 1111111113111 L[;kP11115111111411111i141111111115113111151111 iegHlif EXHIBIT A All the real property in the County of Riverside, State of California, described as follows: The West half of the Northeast quarter of the Northwest quarter of Section 10, T6S-R7E, SBB&M Philip B. Johnson 767-200-002-4 19.55/AC Coachella Valley No. 76, Amendment No. 2, Map No. 451 451 AMENDMENTS AMENDMENT NO. I, FEB. 15, 1977 , MAP NO. 420 AMENDMENT NO. 2, SEPT. 27, 1977 , MAP NO. 451 ADOPTED ON JUNE 29,1976 BY THE BOARD OF SUPERVISORS N OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 0 400 600 RIVERSIDE COUNTY PLANNING COMMISSION PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "C" NOTICES OF NON -RENEWAL • APN 767-200-002/AGN 00036 • APN 767-200-003/AGN 00037 637787.04/SF 1 6 D2659-003 /3-18-05/tp Utpt PLEASE COMPLETE THIS INFORMATION ECORDING REQUESTED BY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX —1st Floor) AND WHEN RECORDED MAIL TO. RETURN TO: STOP #1010 Clerk of the Board (CAC Annex Bldg. —1 Floor) DOC N 2002-776903 12/25/2002 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 M S U I -9E SIZE i DA PCOR I NOCOR SMF } MISC. 1p A R L COPY LONG REFUND NCHG EX" NOTICE OF NOW RENEWAL AGRICULTURAL PRESERVE AGN 00036 DP Title of Document (COACHELL.A VALLEY AGRICULTURAL PRESERVE NO. 76, MAP NO. 451) (OWNER: NRI-LQLP LAND, LLC.) (c/o Nationwide Realty Investors, Ltd.) (TLMA / PLANNING) Copy THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY PLANNING DEPARTMENT Richard K. Lashbrook Agency Director PLEASE SUBMIT THIS FORM TO THE PLANNING DEPARTMENT WITH THE APPROPRIATE FILING FEE Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92502-1409 K- 2 rn,fif AGNOL a 46 Aleta J. Laurence Director of Planning Recorded at the request of, and to be returned to: Clerk of the Board of Supervisors 4090 Lemon Street, 14th Floor Riverside, CA 92501 cc: Planning Department NOTICE OF NON -RENEWAL NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the undersigned; being all of the owners of the affected real property, elect not to renew Land Conservation Contract or Agreement dated Jan. 1. 1979 and recorded on Jan, 19 1978 as Instrument No. 1 1 158 in the Office of the County Recorder of Riverside County; California. The real property affected by this notice is located in the Coachella Valley Agricultural Preserve No. 76 Map No. 451 Dated: Nov. 27. 2002 STATE OF CALIFORNIA COUNTY OF On before me personally appeared known to me to be the person whose name subscribed to the within instrument and acknowledged that executed the same. Notary Public FORM 2950089 (8/00) Owner(s) See schedule "A" attached hereto Mailing Address: NRI_LQLP Land, LLC c/o Nationwide Realty Investors, Ltd. 375 N. Front St., Ste. 200 Columbus.Ohio "'3215 Code area and parcel number(s) of land affected: 767-200-002 it 11111111 Jill IIII IIIIII 1111111111111111 .PbeN;4�. SCHEDULE°A" SIGNATURE PAGE TO NOTICE OF NON -RENEWAL APN: 767-200-002 NRI-LQLP LAND, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd.. an Ohio limie is tilify company, its Managin e er f By: Bilan J. Ellis, President and Chief Operating Officer STATE OF ss. COUNTY OF flk�-AN Y-L,1 i ) On _. 2002, before me, the undersigned a notary public in and for said State, personally appeared he s &V- L E 1 ris personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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. WITNESS MY HAND AND OFFICIAL SEAL. s ►, REGINA RHOADS ORMONG Aftmay at Lahr Signature', C[SEAL] r iVntaryp►mk, Sue of Ohio s a My Commission Mw Na Eiq)l d n aFr>cd1on 147.f}3 R.L. 1111 IN `6_�_�'•• EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 MAP NO. 451 All that real property in the County of Riverside, State of California, described as follows: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. Owner Assessor Parcel No. Acerage NRI-LQLP Land, LLC 767-200-002 19.55 (net) 1111 IN 'a �;``:•�• c.0 W i } W J (f; J W W J J J O =D \ O U � U -- N C' O7 Q 0 N — O U; C li — O O v U o - — O v a'g m X cfl d a — 2 y e C � E O E E _ — - E E E PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX — 1st Floor) AND WHEN RECORDED MAIL TO: RETURN TO: STOP #1010 Clerk of th Board (CAC Annex Bldg. — 1 Flood X+H 151T 110 HOC a 2002-776904 12/26/2002 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder M S U PAGE SIZE DA PCOR NOCOR �WFI f 1 1 A I a COPY LONG REFUND NCHG EXAM NOTICE OF NOW RENEWAL AGRICULTURAL PRESERVE AGN 00037 Title of Document (COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76, MAP NO. 451) (OWNER: NRI—LQLP LAND, LLC) (c/o Nationwide Realty Investors, Ltd) JLMA / PLANNING) i D THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE C 0 P Nuf FOR RECORDING INFORMATION COUNTY OF RIVERSIDE TRANSPORTATION AND L_4ND MANA GEMENT A GENCY PLANNING DEPARTMENT Richard K. Lashbrook Agency Director D_r, IM/17/02. �'`�• 4k1&14 000 3--7- PLEASE SUBMIT THIS FORM TO THE PLANNING DEPARTMENT WITH THE APPROPRIATE FILING FEE Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92502-1409 F } .r f�, ii ♦•L ~�� Aleta J. Laurence Director of Planning Recorded at the request of, and to be returned to: Cleric of the Board of Supervisors 4080 Lemon Street, 14th Floor Riverside, CA 92501 cc: Planning Department NOTICE OF NON -RENEWAL NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the undersi m.d; being all of the owners of the affected real property, elect not to renew Land Conservation Contract or Agreement dated Jan. 1, 1978 and recorded on . Jan. N. 1978 _ as Instrument No. 4;946 in the Office of the County Recorder of Riverside County, California. The real property_ affec cU6 by this notice is located in the Coachella Valley Agricultural Preserve No. 76 Map No. 451 . Dated: Nov. 27: 2002 STATE OF CALIFORNIA COUNTY OF On before me personally appeared known to me to be the person ,,,hose name subscribed to the within instrument and aclmowledged that executed the same. Notary Public Owner(s) See schedule "A" h R Mailing Address: NRI-LQLP Land, LLC cio Nationwide Realty Investors, Ltd. 3�5 N. Front St.. Ste. 20(1) aiUIDOLS_ )nIC.- Code area and parcel number(s) of land affected: 767-200-003 X SCHEDULE "A" SIGNATURE PAGE TO NOTICE OF NON -RENEWAL APN: 767-200-003 NRI-LQLP LAND, LLC, a Delaware limited liability company By: Nationwide Realty stors, Ltd., an Ohio limited 11bilit company. its Managing Brian i. Ellis, President and Chie� Operating Officer STATE OF ss. COUNTY OF L L ) On 1 r , 2002. before me_ the undersi gned, a notary public in and for said State, personally appeared y2yiak� �• k s personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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. `VITN-ESS MY HANDfAND OFFICIAL SE L. I Signature '[SE REGINA RHOADS ORMOND AWney at Latin Nobry PuW. State of Ohio MY Commission Has No EVir&,F, Seotlon 147.(13 R.C. 11111 Ii'll IN =`�'-°<�°- EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 MAP NO. 451 All that real property in the County, of Riverside, State of California, described as follows: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. Owner Assessor Parcel No. Acerage NRI-LQLP Land, LLC 767-200-003 19.55 (net) 1111111111111111 Nil 11111111 :;d°"-• FILE COPY Tit, 4� °� �'QuiH1w P.O. Boy; 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 March 23, 2005 Mr. John Gamlin East of Madison, LLC P.O. Box 1482 La Quinta, CA 92247 Subject: Petition for Williamson Act Contract Cancellation Dear Mr. Gamlin: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The Community Development Department has reviewed your petition for cancellation of Coachella Valley Agricultural Preserve No. 76 and determined that it is complete. We will immediately send the submitted documents to the State Department of Conservation as required by state law. Based on our recent conversations, the Riverside County Assessor has the required documents to determine the cancellation evaluation of the land and no action on our part is needed at this time. If you have any questions, please contact me at 760-777-7064. STAN SAWA Principal Planner C: Doug Evans, Community Development Director P:\stan\hideaway\ap 2005-002 compl Itr.doc FAX T-ANSMITTAL V_ City of La Quinta �- Community Development Department- -4 5 Calle 78 Tampico 9 La Quinta, California 92253 Phone: 760-777-7125 Fax 760-777-1233 .................................................... .,..,..,..,..,,.,..,,.,..,.+e.-,,..,..,..,.,,..,..,..,..,..,.,,,.,.....,..,..,.."...,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.,,..,..,..,,.,. TO: FAX NO. 3 S - S s FROM: !S�7W.1A _SCl VJ0- FAX NO. 6 777-1233 DATE: Page 1 of f, Comments:___�_Jd nA— ou a � 0V_ k6 W&Idca r JD�D C__- w� L If you did not receive all pages of this document, please call (760) 777- 106 MAILING ADDRESS: P 0 BOX 1504, LA QUINTA, CALIFORNIA 92253 P:\Fax. wpd P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 March 23, 2005 Mr. John Gamlin East of Madison, LLC P.O. Box 1482 La Quinta, CA 92247 Subject: Petition for Williamson Act Contract Cancellation Dear Mr. Gamlin: FILE COPY (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The Community Development Department has reviewed your petition for cancellation of Coachella Valley Agricultural Preserve No. 76 and determined that it is complete. We will immediately send the submitted documents to the State Department of Conservation as required by state law. Based on our recent conversations, the Riverside County Assessor has the required documents to determine the cancellation evaluation of the land and no action on our part is needed at this time. If you have any questions, please contact me at 760-777-7064. STAN SAWA Principal Planner C: Doug Evans, Community Development Director P:\stan\hideaway\ap 2005-002 comp) Itr.doc M De"t'- C.�, �0 i lctf� John Gamlin From: John Gamlin Ugamlin@hideawaygolfclub.com] Sent: Wednesday, March 23, 2005 1:37 PM To: 'Stan Sawa' Subject: RE: Madison/Williamson Act Contract Cancellation Thanks Stan: - The Notice looks fine to me. MAR 2 3 t ,0,MMUM11 f :: ELOP', :. ENT _ Page 1 of 2 I have prepared a draft letter for you to edit as appropriate and put on city letterhead to go with the Dept. of Conservation transmittal. We are hand -delivering a Fed Ex envelope this afternoon with a pre - addressed airbill to the DOC for your use. Based on discussion with our counsel, the city could also go ahead and prepare the Notice of the approval of the. Tentative Cancellation and hold it. If the council approves the Tentative Cancellation on May 3 and we have satisfied the conditions (should be just the payment of the breakage penalty), it can be published the next day and the final certificate of cancellation issued. JG VP -Development The Hideaway 80-955 Avenue 52 La Quinta, CA 92253 P.O. Box 1482 La Quinta, CA 92247 (760) 391-5072 (760) 398-5788 fax -----Original Message ----- From: Stan Sawa [mailto:ssawa@la-quinta.org] Sent: Wednesday, March 23, 2005 11:45 AM To: John Gamlin Subject: RE: Madison/Williamson Act Contract Cancellation John, Thanks for the info. Attached is a copy of the draft public hearing notice for the City Council hearing on May 3 to consider tentative cancellation of the contract. Please review it and let me knoe if you have any comments. It is our standard format for a hearing notice. Also, it appears the petition is complete so I'll get you a letter this week. Stan -----Original Message ----- From: John Gamlin[mailto:jgamlin@hideawaygolfclub.com] Sent: Tuesday, March 22, 2005 5:51 PM To: Stan Sawa Subject: Madison/Williamson Act Contract Cancellation Stan: Here is a summary of a follow conversation I had with Scott Hanna, Riv Co Assessor's Office after our meeting today. He does not need anything else from the city right now. 3/23/2005 Page 2 of 2 He asked me for the average lot size. I am having the engineer perform a take -off and will get it to him tomorrow, cc to you. He will send a copy of the valuation to the DOC, other property owners and the city when it is complete The City will need to send him: o Confirmation that the cancellation penalty has been paid by us o The Certificate of Cancellation o A copy of the recorded cancellation. - He thought he would have the valuation done in two weeks or less. File] VP -Development The Hideaway 80-955 Avenue 52 La Quinta, CA 92253 P.O. Box 1482 La QuInta, CA 92247 (760) 3911-5072 (760) 398-5788 fax 3/23/2005 [D R A F T — City Letterhead] March 24, 2005 Debbie Sareeram, Interim Director STATE OF CALIFORNIA Director of Conservation Director's Office, 241h Floor 801 K Street Sacramento, CA 95814 RE: Petition for Williamson Act Contract Cancellation Dear Ms. Sareeram: In compliance with Subdivision (a) of Gov. Code Section51284.1, The City of La Quinta is providing notice to your agency that it has accepted and found complete a Petition for Cancellation of Williamson Act Contracts. This transmittal includes the following components: A A copy of the Petition (with attached Exhibits) B. A copy of the subject Williamson Act Contracts. (Exhibit `B" attached.) C. A diagram of the subject Williamson Act Property. (Exhibit "A" Attached) We look forward to your agency's review and comments. Sincerely, — THE — MADISON CLUB March 18, 2005 Doug Evans Director of Community Development City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Re: Williamson Act Cancellation/East of Madison, LLC Dear Mr. Evans: East of Madison, LLC ("Petitioner") has prepared the attached Petition for Cancellation of Williamson Act Contract, which is submitted to the City as the successor to the County of Riverside based upon the previously completed Annexation #15. With respect to the Petition, please note the following: I. The document is intended to provide a detailed outline of background facts, and issues that r.=ed to be addressed in order to process and complete the cancellation. However, the last several pages contain, under the heading "Summary of Petition Request", a chronological listing of specif;c steps that need to be taken by the City. It would be very helpful if you could review these steps and provide input that will help the Petitioner create a basic time -line for the process. 2. Government Code ("GC") Section 51283.4 contemplates that the cancellation will be finalized at the same time that the Petitioner obtains all permits necessary for the alternative use, which in this case will be residential and golf development planned as part of the approved Country Club of the Desert Specific Plan 99-035, The Madison Club Specific Plan Amendment. Any assistance you can provide in coordinating the processing and concurrent consummation of these two endeavors would be greatly appreciated. 3. Subdivision (e) of GC Section 51282 provides that the Petition for Cancellation shall be accompanied by a proposal for a specified alternative use of the land, and shall list those governmental agencies known by the Petitioner to have permit authority related to the proposed alternative use. Under Section II, paragraph 2 on page 3 of the Petition, we have listed all agencies we believe have authority. We would appreciate your thoughts as to whether additional agencies should be identified. 4. By copy of this letter, I am concurrently forwarding the Petition to Scott Hanna at the Riverside County Assessor's Office in Indio in order to get the appraisal process started for purposes of determining the cancellation value of the property, and the cancellation fee that the Petitioner. will be required to pay. We would appreciate it if your staff would contact Mr. Hanna (76o/863-8718) to see if there is anything else he needs from the City. 5. By copy of this letter, I am also concurrently forwarding a courtesy copy of the Petition to the State Department of Conservation. However, in order to satisfy technical 80-349 VIA MIaASOL, LA QVINTA, CA 92253 TEL 76o 7q7-932o FAx 76o 777-9321 Williamson Act CanceIlation/East of Madison, LLC City of La Quints. March 18, 2005 requirements 'of the Williamson Act, it will be necessary for the City to also send the Petition (and other document referenced in paragraph IV.2 on page g) to the Director of Conservation. 6. It is our understanding that a fee of $800 is required to initiate the cancellation process. Accordingly, a check in that amount, made payable to the City, is enclosed. 7. In addition, in order to enable the City to satisfy the notice requirements of GC Section 51284, a'set of names, addresses and mailing labels will be provided shortly. There are only five parcels Within a mile of the subject parcels that are under contract. Thanks again for your assistance in this matter. Please feel free to call me if you have any questions or comments regarding the above. Sincerely, EAS o ❑N, C P. Gamlin Vice President F.nciosure — Fathy Jenson, La Quinta City Attorney Scott Hanna, Riverside County Assessor's Office Department of Conservation, State of California PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS TO: City of La Quinta FROM: East of Madison, LLC DATE: March 18, 2005 "Petitioner," East of Madison, LLC, submits the following "Petition" for Cancellation of Williamson Act Contracts: I. FACTUAL BACKGROUND REGARDING CANCELLATION 1. City Adoption of Williamson Act Rules. On August 6, 2002, the City adopted Resolution 2002-123, which established Rules and Regulations relating to Williamson Act matters. Section 7 of Resolution 2002-123 provides that procedures for cancellation and nonrenewal of Williamson Act contracts shall be those set forth in the Williamson Act. The cancellation proposed by this Petition is compliant with the procedures set forth in the Williamson Act and the City's Williamson Act Rules and Regulations. 2. Williamson Act Property. Petitioner is the owner of approximately 40 acres of real property comprised of two legal lots and identified as Assessor's Parcel Nos. 767-200-002 ("Parcel One") and 767-200-003 ("Parcel Two") (collectively, "Williamson Act Property"). A depiction of the Williamson Act Property is attached hereto as Exhibit "A". 3. «'illiams Act Contracts. On January 1, 1978, Parcel One and Parcel Two were separately made subject to a California Land Conservation Act of 1965 contract ("Williamson Act Contracts") between the then -owners of the Williamson Act Property and the County of Riverside ("County"). A copy of the recorded Williamson Act Contracts is attached hereto as Exhibit "B", and a legal description of the Williamson Act Property is set forth therein. 4. Agricultural Preserve No. 76. Amd, #2, Map #451. Upon recordation of the Williamson Act Contracts, the County designated the Williamson Act Property Coachella Valley Agricultural Preserve No. 76. 5. ..Notices of Non -Renewal. On December 26, 2002, Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 (Parcel One) and 2002-776904 (Parcel Two), Official Records of Riverside County, California. Copies of the Notices of Non -Renewal are attached hereto as Exhibit "C". 6. Pro osed Proiect. The Williamson Act Property is part of a larger property being developed as a world -class residential and golf community Imown as "The Madison Club." Cancellation of the Williamson Act Contracts is being sought in order to allow this development of the PETITION FOR CANCELLATION OF M71LLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 Williamson Act Property. Approximately 21 single-family residential units and portions of a golf course will be developed on the Williamson Act Property. Unless specified to the contrary, all references hereinafter to the "Project" shall mean the development of both the Williamson Act Property specifically and The Madison Club generally. 7. Annexation #15 and Related Documents. On January 13, 2003, Petitioner filed an application with the Riverside County Local Agency Formation Commission ("LAFCO") for approval of Annexation #15, which would authorize annexation of approximately 198- acres (including the subject Williamson Act Property) to the City of La Quinta ("City"). In connection with said application, certain documents were prepared and/or submitted to LAFCO, and acted upon both before and after the annexation as follows: A. Resolution No. 2002-91 adopted by the City on June 18, 2002, certifying a "Mitigated Negative Declaration" prepared for Zone Change 2001-100, Annexation, and Pre -Annexation Designations of 200 Acres (including the subject Williamson Act Property). B. Notice of Determination filed by the City with the Riverside County Clerk on July 8, 2002 in compliance with Section 21152 of the Public Resources Code, in connection with the City's certification of the Mitigated Negative Declaration. C. 1,:U� CO ARvroval of Annexation #15. On June 26, 2003, LAFCO adopted Resolution 33-03, which approved Annexation #15. 8. S ecific Plan 99-035 Amendment #1 and Tentative Tract Map 33076. On February 1, the City Council took the following actions on Specific Plan 99-035, Amendment #1 and Tentative Tract Map 33076: A. Resolution 2005-015 adopted by the City on February 1, 2005, certifying an "Addendum" to Environmental Impact Report SCH #99061109 prepared for Specific Plan 99-035, Amendment #1, and Tentative Tract Map 33076 (including the subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000-154, adopted by the City on November 21, 2000 certifying the Environmental Impact Report prepared for a Specific Plan, Tentative Tract Map, Street Vacation, and Conditional Use Permit for Environmental Assessment 99-380 for Specific Plan 99-035; Tentative Tract Map 29894; Street Vacation 2000-041; and Conditional Use Permit 200-053. B. Notice of Determination filed by the City with the Riverside County Clerk on February 26, 2005, in compliance with Section 21152 of the Public Resources Code, in connection with the City's certification of the Addendum (including the subject Williamson Act Property). C. Resolution 2005-016 adopted by the City on February 1, 2005, establishing Development Standards, Principles, and Guidelines and Programs for Lands Totaling 1,018 Acres for Specific Plan 99-035, Amendment #1 (including the 637787.04/SF D2659-003/3-18-05/tpt/tpt 2 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000-156, adopted by the City on November 21, 2000 approving specific plan development principals and guidelines for a golf and residential community for Specific Plan 99-035. D. Resolution 2005-017 adopted by the City on February 1, 2005, Approving the Subdivision of Approximately 472 Acres into 225 Lots and Miscellaneous Lots for Tentative Tract 33076 (including the subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000- 157, adopted by the City on November 21, 2000 approving the subdivision of 988 acres into 819 residential lots and miscellaneous lots for Tentative Tract Map 29894. H. SUBSTANTIVE LAW REGARDING CANCELLATION 1. City is Successor to County and has Authority to Cancel Williamson Act Contracts. Gov. Code section 51235 provides that a city acquiring jurisdiction over an agricultural preserve by annexation shall have all the rights and responsibilities specified in the Williamson Act for cities or counties, including the right to enlarge, diminish or disestablish an agricultural preserve within its jurisdiction. Gov. Code section 51243'provides that after any annexation of property to a city, the city succeeds to all rights, duties and powers of the county under the contract. By completion of Annexation #15, the City succeeded to all rights, duties and powers of the County under the subject Williamson Act Contracts, and gained the authority to cancel same. 2. Requirements of Gov. Code section 51282(e). Gov. Code section 51282 provides that a Petition is to be accompanied with a "specified alternative use of the land" and a list of "those governmental agencies ]mown by the landowner to have permit authority related to the proposed alternative use." In this case, the proposed alternative use is the Project as defined above in this Petition, and as further defined in the Country Club of the Desert Specific Plan Amendment, which was approved by the City on February 1, 2005. A copy of the Amendment is on file with the City's Planning Department. Petitioner can provide further detail as to the alternative use if requested. As to the list of agencies ]mown to the landowner to have permit authority related to the alternative use, those agencies are the Riverside County LAFCO, the City of La Quinta, the Coachella Valley Water District, the Regional Quality Control Board, the City of Indio, and the County of Riverside. 3. Findin s Pursuant to Gov. Code section 51282, In order to cancel the Williamson Act Contracts, the City must find either that "the cancellation is consistent with the purposes of [the Williamson Act]" or that "the cancellation is in the public interest." Gov. Code § 51282. However, even though state law requires only one or the other of the findings, it is common practice to make both sets of findings. Therefore, this Petition does so. The City Council also must make the findings required by Pub. Res. Code section 21081, if section 21081 is applicable. As described below in Section H.3.C, in this case section 21081 is not applicable. 637787.04/SF D2659-003/3-18-05/tpt/tpt PETITION FOR CANCELLATION OF WII,LIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 A. Subdivision (b) of Gov. Code section 51282 provides that the cancellation of a contract shall be consistent with the purposes of Williamson Act only if the City Council makes all of the following five findings: (1) The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Gov. Code section 51245. Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 and 2002-776904, Official Records of Riverside County, California, on December 26, 2002, and were served on the City on June 26, 2003. (2) The cancellation is not likely to result in the removal of adjacent lands from agricultural use. To the contrary, the Project continues the planned and orderly development of the City of La Quinta. The Williamson Act Property is being added to the Desert of the Country Club ("DOCC") Specific Plan area, which is adjacent to and extends along the entire west and south boundaries of the Williamson Act Property. The Project's mix of residential and private golf course uses continues the existing residential and private golf course uses on those lands in the DOCC Specific Plan area. The Project also is a continuation of the existing "Hideaway" development, a single-family residential and golf community that borders the Project to the west and is substantially constructed. Because these lands are already developed, the cancellation cannot result in their removal from agricultural uses. As to the lands to the Project's east, although most if not all of these lands are not yet developed, these lands are either in the preliminary stages of the development process or are planned for future development, in accordance with the City's General Plan. Therefore, it would be the City's long-term planning and growth policies, and not this cancellation, that causes the removal of these lands from agricultural use. As to the lands to the Project's north, these lands are located in the City of Indio and are used for equestrian shows and other equestrian activities at the Empire Polo Grounds, as well as other outdoor events. The City of Indio's General Plan and Zoning authorize a small amount of residential uses on these lands. Because the uses on these lands are already non -agriculture and/or planned for residential uses, this cancellation cannot cause the removal of these lands from agricultural use. (3) The cancellation is for an alternative use that is consistent with the applicable provisions of the City's General Plan. The General Plan designates the Williamson Act Property as "Low Density Residential" with an "Agriculture/Equestrian" Overlay. See General Plan Land Use Diagram. The Low Density Residential designation authorizes up to four (4) dwelling units per acre. The Project's net density of 1.38 dwelling units per acre falls within this limitation. The Agriculture/Equestrian Overlay permits private golf course uses when those uses are authorized in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. 637787.04/SF D265 9-0 03/3 -18-0 5/tpt/tpt 4 PETITION FOR CANCELLATION OF WILLLAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 The Project also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. (4) The cancellation will not result in noncontiguous patterns of urban development. To the contrary, the Project continues the City's orderly pattern of urban development and growth. As described above in Finding No. 2, the lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although these lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are. either currently occupied with, or are planned for, uses that are compatible with urban development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The cancellation therefore does not create or result in "leapfrog" development with pockets of undeveloped lands. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Williamson Act Property would result in a noncontiguous pattern of development because the Williamson Act Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property would be inconsistent and disorderly. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will connect to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal, The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. 637787'04/SF D2659-003/3-18-05/tptltpt PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (5) 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, the development of the contracted land would provide more contiguous patterns of urban development than development ofproximate, non -contracted land. As to the first fording, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land. Gov. Code § 51282(c). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. Id. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area, and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already. are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Williamson Act Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non -contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. B. Subdivision (c) of Gov. Code section 51282 provides that the cancellation of a contract shall be in the "public interest" only if the City Council makes both of the following findings: (1) Other public concerns substantially outweigh the objectives of the Williamson Act. Cancellation of the Williamson Act Contracts and development of the Williamson Act Property is consistent with the City's General Plan, which calls for the development of the Property with residential and golf course uses. The General Plan designates the Property for low 637787.04/SF D2659-003/3-18-05/tpt/tpt 6 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 density residential uses, and authorizes golf course uses when those uses are set forth in an adopted specific plan. See General Plan Land Use Diagram. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. Cancellation of the Williamson Act Contracts also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. Development of the Williamson Act Property fulfills the City's protocol for orderly and well -planned development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although the lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The cancellation does not create or result in "leapfrog" development with pockets of undeveloped lands located between existing urban development and the Williamson Act Property. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Property would create a noncontiguous pattern of development because the Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property therefore would be inconsistent and disorderly. According to the Legislature, the availability of housing is a matter of "vital statewide importance," and "the early attainment of decent housing and a suitable living environment for every California family is a. priority of the highest order." Gov't Code § 65580(a). The attainment of this goal "requires cooperative participation between government and the private sector" (Gov't Code § 65580(b)), and the use of state and local governmental power "to facilitate the improvement and development of housing" (Gov't Code § 65580(d)). The cancellation of the Williamson Act Contracts will fulfill the foregoing state policies promoting the development of much -needed housing because the Project proposes to provide approximately 21 residential units. The Project's residential development also will contribute to the City's obligation under the state Planning and Zoning Law to provide its regional fair share of housing. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will be connected to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project.. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. 637787.04/SF D2659-003/3-18-05/tpt/tpt 7 PETITION FOR CANCELLATION OF WILLUMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery'). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. (2) 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, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non -contracted land. As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land. Gov. Code § 51282(c). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. Id. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non - contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non - contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. 637787.04/SF D2659-003/3-18-05/tpt/tpt 8 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 C. Subdivision (f1 of Gov. Code section 51282 provides that the City Council must make the findings required by Pub. Res. Code section 21081, if section 21081 is applicable. Section 21081 does not apply to the Project because an environmental impact report has not identified one or more significant effects on the environment that would occur if the Project is approved or carried out. To the contrary, the City certified both an Addendum to the CCOD Specific Plan EIR and a Mitigated Negative Declaration for the Project, each of which concluded that the Project would not cause any significant environmental impacts. 4. Determining Cancellation Fee under Gov. Code section 51283. Gov. Code section 51283 sets forth provisions for determining the fee that must be paid upon cancellation of a Williamson Act contract, as follows: A. Subdivision (a) of Gov. Code section 51283 provides that prior to any City- Council action tentatively approving the cancellation, the County Assessor shall determine the current fair market value of the laud as though it were free of the contractual restriction ("cancellation valuation"), and the Assessor shall certify to the Council the cancellation valuation of the land for the purpose of determining the cancellation fee. Discussion: Pursuant to previous discussions with an authorized representative of the County Assessor's office in Indio, a copy of this Petition will be delivered to the County Assessor concurrently with the filing of same with the City. B. Subdivision (b) of Gov. Code section 51283 provides that prior to any Council action tentatively approving the cancellation, the Council shall determine and certify to the County Auditor the amount of the cancellation fee which the landowner shall pay the County Treasurer upon cancellation, and that the fee shall be an amount equal to 12.5% of the cancellation valuation of the property. C. Subdivision (c] of Gov. Code section 51283 contains provisions relating to fee waivers which are not relevant to this Petition. D. Subdivision (d) of Gov. Code section 51283 provides that the first $2,036,000 of revenue paid to the State Controller pursuant to Subdivision (e) in the 2004-05, and any other amount as approved in the final State budget for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund. E. Subdivision (e) of Gov. Code section 51283 provides that when cancellation fees are collected, they shall be transmitted by the County Treasurer to the State Controller and deposited in the State General Fund, except as provided in Subdivision (d), within 30 days after the execution of a Certificate of Cancellation of Contract by the City Council, as specified in Subdivision (b) of Section 51283.4. 5. Fingj&g Contract Cancellation and Paving Fee under Gov. Code section 51283.4. Gov. Code section 51283.4 sets forth provisions for finalizing cancellation and paying the fee, as follows: 637787.04/SF D2659-003/3-18-05/tpt/tpt 9 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 A. Subdivision (a) of Gov. Code section 51283.4 provides that upon tentative approval of a petition to cancel accompanied by a proposal for a specified alternative use of the land, the Clerk of the City shall record a Certificate of Tentative Cancellation, which shall set forth the name of the landowner, the fact that a Certificate of Cancellation of Contract will be recorded when the specified conditions and contingencies are satisfied, a description of the conditions and contingencies, and a legal description of the property. Conditions to be satisfied include payment in full of the cancellation fee. Contingencies to be satisfied shall include a requirement that the landowner obtain all permits necessary to commence the project. B. Subdivision N of Gov. Code section 51283.4 provides that the landowner shall notify the City Council when the landowner has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Cancellation. Within 30 days of receipt of the notice, and upon a determination that the conditions and contingencies have been satisfied, the Council shall execute a Certificate of Cancellation of Contract and record it. M. PROCEDURAL MATTERS REGARDING CANCELLATION 1. Gov. Code section 51284 provides that no contract may be cancelled until after the city has given notice of, and has held, a public hearing on the matter. Notice shall be published pursuant to Gov. Code section 6061 (published one time in a newspaper of general circulation) and mailed to every owner of land under contract within one mile of the exterior boundary of the contracted property, and, at least 10 working days prior to the hearing, a notice of the hearing and a copy of the petition shall be mailed to the State Director of Conservation. Further, within 30 days of the tentative cancellation of the contract, the City shall publish a notice of its decision, including the date, time and place of the public hearing, a general explanation of the decision, the findings made per Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least Ile page in the newspaper. (The Section provides that the publication shall be for informational purposes only, and shall create no right that would otherwise not exist.) In addition, within 30 days of the tentative cancellation of the contract, the City shall deliver a copy of the published notice of the decision to the Director of Conservation. Discussion: A list of names, addresses and Assessor's Parcel Numbers of owners of land under contract within one mile of the exterior boundary of the subject Williamson Act Property will be submitted concurrently with this Petition. In addition, see Summary of Petition Request set forth below. 2. Gov. Code section 51284.1 sets forth procedures upon filing of a Petition for Cancellation of a Williamson Act Contract, as follows: A. Subdivision (a) of Gov. Code section 51284.1 provides that when a petition for cancellation is filed, and the City accepts the petition as complete under Section 65943, the City shall immediately mail a notice to the Director of Conservation, and that the notice shall include: (1) A copy of the petition (2) A copy of the contract 637787.04/SF D2659-003/3-18-05/tpt/tpt 10 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (3) A general description, in text or by diagram, of the land subject to cancellation of the contract. (4) The deadline for submitting comments regarding the proposed cancellation, which deadline shall be consistent with the Permit Streamlining Act, commencing with Gov. Code section 65920, but in no case be less than 30 days prior to the scheduled action by the Council. B. Subdivision (b) of Gov. Code section 51284.1 provides that the City Council shall send the information to the County Assessor that is necessary to describe the land subject to the proposed cancellation. The information shall include the name and address of the landowner petitioning the cancellation. C. Subdivision c of Gov. Code section 51284.1 provides that the Director of Conservation shall review the proposed cancellation and submit comments to the City by the deadline set forth in paragraph (4) of Subdivision (a), and that any comments shall advise the City on the findings required by Section 51282. D. Subdivision d of Gov. Code section 51284.1 provides that prior to acting on the proposed cancellation, the City Council shall consider comments submitted by the Director of Conservation. IV. SUMMARY OF PETITION REQUEST Based upon the foregoing, Petitioner requests that the City expeditiously (and in any event within applicable time periods set forth in the Permit Streamlining Act) undertake the following: 1. Review this Petition and accept it as complete under Gov. Code section 65943. 2. In compliance with Subdivision (a) of Gov. Code section 51284.1, mail a notice to the California State Director of Conservation, 801 K Street, Sacramento, California 95814, which notice shall include: A. A copy of this Petition (with attached Exhibits) B. A copy of the subject Williamson Act Contracts. (Exhibit `B" attached.) C. A diagram of the subject Williamson Act Property. (Exhibit "A" attached.) D. The deadline for submitting comments regarding the proposed cancellation, which deadline shall be consistent with the Permit Streamlining Act, but in no case be less than 30 days prior to the scheduled action by the City Council. 3. Consistent with the requirements of Subdivision (a) of Gov. Code section 51283, mail a copy of this Petition (with attached Exhibits), to the Riverside County Assessor's Office, C/O Scott Hanna, 82675 Highway I'll, Room 309, Indio, California 92201, with instructions to initiate appraisal procedures in accordance with Gov. Code section 51283. 4. Consistent with the requirements of Subdivision (b)of Gov. Code section 51283, prior to any action tentatively approving cancellation of the subject Williamson Act Contracts, determine 637787.04/SF D2659-003/3-18-05/tpUtpt 11 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (based upon cancellation value information received from the County Assessor's Office) and certify to the County Auditor the amount of the cancellation fee (12.5% of the cancellation value), which Petitioner shall pay the County Treasurer upon cancellation. 5. Schedule (set a date, time and place of) a public hearing with respect to cancellation of the subject Williamson Act Contracts and the matters contained herein. 6. Publish notice of the public hearing pursuant to Gov. Code section 6061. 7. At least 10 working days prior to the date scheduled for the public hearing, mail notice of the hearing to every owner of land under contract within one mile of the exterior boundary of the subject Williamson Act Property. 8. At least 10 working days prior to the date scheduled for the public hearing, mail notice of the hearing to the Director of Conservation. 9. In compliance with Subdivision (d) of Gov. Code section 51284.1, prior to acting on the cancellation of the subject Williamson Act Contracts, consider comments, if any, submitted by the Director of Conservation. 10. At the scheduled public hearing, after receipt of any testimony and input, establish appropriate conditions and contingencies pursuant to Subdivision (a) of Gov. Code section 51283.4 which shall include, without limitation, payment by Petitioner of the full amount of the cancellation fee, and take action granting tentative approval of cancellation of the subject Williamson Act Contracts. 11. In compliance with Subdivision (a) Gov. Code section 51283.4, upon tentative approval of cancellation of the Williamson Act Contracts, cause the Clerk of the City to record a Certificate of Tentative Cancellation, which shall set forth the name of Petitioner, as the landowner, the fact that a Certificate of Cancellation of Contract will be recorded when the specified conditions and contingencies are satisfied, a description of the conditions and contingencies, and a legal description of the subject Williamson Act Property. 12. Upon receipt of the full amount of the cancellation fee from Petitioner, transmit same to the County Treasurer. 13. In compliance with Gov. Code section 51284, within 30 days of the tentative cancellation of the subject Williamson Act Contracts, publish a notice of the City's decision, including the date, time and place of the public hearing, a general explanation of the decision, the findings made per Gov. Code section 51282, and a general description, in text or by diagram, of the subject Williamson Act Property, as a display advertisement of a least 1/8ffi page in a local newspaper of general circulation. 14. Upon satisfaction of all conditions and contingencies, cause the Clerk of the City to record a final Certificate of Cancellation. 637787.04/SF D2659-003/3-18-05/tpt/tpt 12 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 Respectfully Submitted: East of Madison, LLC A Delaware Limited Liability Company Date: By: LL 637787.04/SF D2659-003/3-18-05/tptftpt 13 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "A" WILLIAMS ON ACT PROPERTY • APN 767-200-002/AGN 00036 • APN 767-200-003/AGN 00037 637787.04/SF D2659-003/3-18-05/tpt/tpt 1-4 ,} Riverside County GIS RIVERSIDE COUNTY GIS Page I of 4 rL--v, 4 i'b ' I.I AEI 1 E ■ r 1��l �prrsrnrr �rrrr�r�r■s� ■ :.. ' � � H i� Selected parcel(s): 767-200-002 AGRICULTURE PRESERVE NOT IN AN COACHELLA VALLEY SELECTED PARCEL [—]AGRICULTURAL � #76 PRESERVE *IMPORTANT* This information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or otther public records. Contact appropriate County Departmei or Agency if necessary. Reference to recorded documentse and public records may be necessary and is advisable. FULL REPORT APN(s): 767-200-002-4 OWNER/SITUS ADDRESS: - NRI LQLP LAND - 81301 AVENUE 52 - INDI O, CA. 92201 http://hnsnwa2.thna.co.riverside.ca.us/ew/rchs/Print.htm 3/8/2005 Riverside County GIS Pagel of 4 RIVERSIDE COUNTY GIS Selected parcel(s): 767-200-003 AGRICULTURE PRESERVE �=v Ilk NOT IN AN COACHELLA VALLEY SELECTED PARCEL AGRICULTURAL 'J/f #76 PRESERVE *IMPORTANT* This information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records. Contact appropriate County Departmei or Agency if necessary. Reference to recorded documentse and public records may be necessary and is advisable. FULL REPORT APN(s): OWNER/SITUS ADDRESS: 767-200-003-5 - NRI LQLP LAND - 81475 AVENUE 52 - COACHELLA, CA. 92236 http://hnsnwa2.tlma.co.riverside.ca.us/cw/rclis/Drint.hbu I/Ri?nns PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "B" WILLIAMSON ACT CONTRACTS APN 767-200-002/AGN 00036 0 APN 767-200-003/AGN 00037 637787.04/SF D2659-003/3-18-05/tpt/tpt 15 C W U p Gag. Ce Q7 a IM u } 0 Q7 > ❑ iz z� OLU u >tA 1 IiJ W . u , u n C W a c L6 Or 0 a GL LAND CONSERVATION CONTRACT COUNTY OF RIVERSIDE, herein called "County" and _ Guy F....Eawards herein called "Owaer,/4 mutually agree: 1. This contract is made pursuant to the California Land Conservation Act of 1965, (Government Code, Section 51200, et seq.) and affects the real property described in Exhibit "A" attached hereto and made a part of this contract, which lies within the Coachella Valley 06_ Amd #2. 'May 41451 Agricultural Preserve. 2. This contract shall take effect on January 1, I _, and shall.remain in effect for an initial term of 10 years. 3. On each anniversary date of this contract, one .year shall be added to the initial term unless notice of non -renewal shall be given as provided in Section 51245 of the Government Code. Any notice of non -renewal referring to this contract shall be recorded by the County in the office of the County Recorder whenever the contract is not renewed. � h Sections 51282, �. This contract may be cancelled only in accordar_ce with 51283, 51283.3, 51254 and 51285 of the Government Code. 5. Ulien any portion of -land subject to this contract is acquired 6'v condemnation of the fee title, or by purchase in lieu thereof, for a pubic improvement, this contract shall become null and void thereafter as to such portion, and may be amended to correctly reflect the description of any portion not so acquired. 6. In consideration of the execution hereof by County, and the execution by County and other ot4ners within the preserve of similar contracts, the Owner, during the term of this contract, including any renewal period, agrees to use the described land only for agricultural uses and such compatible uses as are permitted by or pursuant to the Uniform Rules estabiished for the administration of agricultural preserves by Riverside County Ordinance o�9ta hisco tracid t Rules are by this reference incorporated in and made a-p . In consideration of the execution hereof by. -the Ocfn.er and the execution of similar contracts by other property ❑1mers within the same agricultural preserve, `1V County agrees not to authori2e uses, other than uses -permitted by ar pursuant. to IM, 1frsaid ilnifarm Pules, within said agricultural preserve, during the term of this contract or any renewal thereof. Nothing herein shall prohibit a change o t lands not subject to such boundaries of said agricultural preserve to omi contract or to include additional lands. to.thisor S. Any notice to be given to the Other pur ssedutotthe owner attthetaddressd Uniform Rules may be sent by U..5.. Mail addr . - --- shown below the signature of the owner. Like notices to County may be sent , by U.S. Mail addressed to Clerk, Board.of Supervisors, Court House, ay California. Either -party may -change such address by notice to the other. — 9. _ ..This -contract -shall constitute a_ conversant running with the land herein, of the heirs described, and shall be binding upon and inure to the benefit , successors -and assi;ns of the parties- hereto. This contract may be enforced by either party or by any•owner of land within the same agricultural preserve which is subject to a similar contract. . Dated January 1, 1 �?1 - ATTEST: . Donald D. Sullivan,- .Clerk _..... -- (S al) eputy STATE OF C FQ .A ' COUNTY OF"', n � ;�- On appeared before me C(]Uh'TYcu ZVERSE' { By Chairman, Board of Supervisors OWNER. OWNER: ', —_ OWNER /- Mailing ­6�dress: -2372 N. Cameron Ave. CDvina, Cg+ 91724 Known t e to be the personhose ham subscribed a the wi in F instrument and acknowledged that �rC_ 101- OFFICIAL SEAL 0.LOUISE MILLER e};ecut ed the s e- �p� NOTARY Pi U3LIC CALIFORN[A !J��'•' LOS ANGELES COUNTY ,e n. MY co[rimisslon Exp. Aug. 41980 Notary Public L.OUISE MILLER i EXHIBIT A All the real property in the County of Riverside, State of California, In described as follows: The East half of the Northeast quarter of the northwest quarter of Section 10, T6S-R7E, SBB&M. Guy F. Edwards 767-200-003-5 19.55/AC Coachella Valley No. 76, Amendment No.-2, Map No. 451 451 C OACH ELLA , VALLEY AGRICULTURAL PRESERVE NO. 76 AMENDED BY MAP NO. 420, 451 T. 6S - R. TE AMENDM;7NTS AMENDMENT NO. I, FEE6. 15, 1977 , MAP NO. 420 AMENDMENT NO. 2, SEPT. 27,1977 , MAP NO. 451 ADOPTED ON JUNE 29.1976 BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. Q Lu C9 0 � Q ro A U d �l p 9 �V a �G ou o cm 2!: 10 !s My c 46 C Q O N V p > N % W.. ^ m� a' o a ` 1 Je 8 m LAID CONSERVATION CONTRACT COUNTY OF RIVERSIDE, herein called "County" and Philip :B. Johnson herein called "Owner,i' mutually agree: 1. This contract is made pursuant to the California Land Conservation Act of 1965, (Government Code, Section 51200, et seq.) and affects the real property described in Exhibit "A" attached hereto and made tort of this contract, which lies within the Coachella Valley #76, Amd #2, Map Agricultural Preserve. 2. This contract shall take effect on January 1, 1978, and shall remain in effect for an initial term of 10 years. 3. On each anniversary date of this contract, one year shall be added to the initial term unless notice of non renewal shall be given as provided in Section 51245 of the Government Code. Any notice of non —renewal referring to this contract shall be recorded by the County in the office'of the County Recorder whenever the contract is not renewed. 4. This contract may be cancelled only in accordance with Sections 51282, 51283, 51283.3, 51284 and 51285 of the Government Code. - 5 : i4lien any portion of land subject to this contract is- acquired by condemnation of the fee title, or by purchase in lieu thereof, for a public improvement, this contract shall become null and void thereafter as to such portion, and may be amended to correctly reflect the description of any portion not so acquired. , 6. In consideration of the execution hereof by.County, and the execution by County and other owners within the preserve of similar contracts, the Owner, during the term of this contract, including any renewal period, agrees to use the described land only for agricultural uses and -such compatible uses as are r E)M BIT A All the real property in the County of Riverside, State of California, described as follows: The West half of the Northeast quarter of the Northwest quarter of Section 10-, T6S-R7E, SBB&M Philip B. Johnson 767-200-002-4 19.55/AC Coachella Valley No. 76, Amendment No. 2, Map No. 451 Im 451 MAP NOO = �OA�HELLA �/ALL�Y AGMCULTURQL PRESERVE NO. 76 AMENDED BY MAP NO. 420, 451 T. 6S - R. 7E AMENDMENTS AMENDMENT NO. I, FEB. 15, 1977 , MAP NO. 420 AMENDMENT NO. 2, SEPT 27, 1977 , MAP NO. 451 ADOPTED ON JUNE 29,1976 BY THE BOARD OF SUPERVISORS N OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 0 400 800 RIVERSIDE COUNTY PLANNING COMMISSION PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "C" NOTICES OF NON -RENEWAL a APN 767-200-002/AGN 00036 • APN 767-200-003/AGN 00037 637787.04/SF D2659-003/3-18-05/tpt/tpt 16 N PLEASE COMPLETE THIS INFORMATION "ECORDING REQUESTED BY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX —1st Floor) AND WHEN RECORDED MAIL TO: RETURN TO: STOP #1010 Clerk of the Board _CAC Annex Bldg. —1 Floor) tz—XR1b1T nCn DOC N 2002-776903 12/26/2002 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder M 1 S ' U PA E SIZE DA PCOR + NOCOR SMF MISC. A I R IL COPY LONG J REFUND NCHG EXAM NOTICE OF NOW RENEWAL AGRICULTURAL PRESERVE (AGN 00036) op Title of Document (COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76, MAP NO.451) (OWNER: NRI-LQLP LAND, LLC.) (c/o Nationwide Realty Investors, Ltd.) (TLIVIA / PLANNING) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE COPYFOR RECORDING INFORMATION COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY PLANNING DEPARTMENT Richard K. Lashbrook Agency Director PLEASE SUBMIT THIS FORM TO THE PLANNING DEPARTMENT WITH THE APPROPRIATE FILING FEE Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92502-1409 c�K. r2����Z h�.#• �Gtvaoo3�� Aleta J. Laurence Director of Planning Recorded at the request of, and to be returned to: Clerk of the Board of Supervisors 4080 Lemon Street, 14th Floor Riverside, CA 92501 cc: Planning Department NOTICE OF NON -RENEWAL NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the undersigned, being all of the owners of the alTected real property, elect not to renew Land Conservation Contract or Agreement dated Jan- 1, 197$ and recorded on — Jan. 19. 1979 as Instrument No. 11 l58 in the Office of the County Recorder of Riverside County, California. The real property affected by this notice is located in the Coachella Valley Agricultural Preserve No. 76 Map No. 451 Dated: Nov. 27, 2002 STATE OF CALIFORNIA COUNTY -OF On before me personally appeared known to me to be the person whose name subscribed to the within instrument and acknowledged that executed the same. Notary Public j FORM 2950089 (8/00) Owner(s) See schedule "A" attached hereto Mailing Address: NRI_LQLP Land, LLC c/o Nationwide R;aity investors, Ltd. 375 N. Front 5t., Ste. 200 Columbus, Ohio 43215 Code area and parcel number(s) of land affected: 767-200-002 Illlil �lllll ICI III!#Ili IIIII IIII �Ilf l III III IIII li t 12r26/ 0?2 E18: SCHEDULE "A" SIGNATURE PAGE TO NOTICE OF NON -RENEWAL APN: 767-200-002 NRI-LQLP LAND, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd., an Ohio linute Za ility company, its Managin e er By: Brian J. Ellis, President and Chief Operating Officer STATE OF OR 10 ) ss. COUNTY OF Tt�j i ) On �, 2002 before me, the undersigned, a notary public in and for said State, personally appeared � Alt � � personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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. WITNESS MY HAND AND OFFICIAL SEAL. ��iia�'s•�, f� REGINA RHOADS ORMOND l Ak whey * Law Signature v ,?� [SEAL] Now per, sweO{ Ohio o My Commkaion Etas No FpiraUm Sm fon 147.03 R.C. 2002-7769012 EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 MAP NO. 451 All that real property in the County of Riverside, State of California, described as follows: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. Owner Assessor Parcel No. Acerage NRI-LQLP Land, LLC 767-200-002 19.55 (net) IIIII!91i1!91'llllliil!19ilililitill�lll!9illllll ,-�«°:� w w W � VJ J W Q Q W J LJ J O Q 7 O U d U — N � \ Q cz::) Ai J W O U C 0 d O PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX —1st Floor) AND WHEN RECORDED MAIL TO: RETURN TO: STOP #1010 Clerk of the Board CAC Annex Bldg. —1 Floor X-H lUIT "C11 OOC is 2002-77G904 12/26/2002 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk $ Recorder M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM NOTICE OF NOW RENEWAL AGRICULTURAL PRESERVE (AGN 00037) Title of Document (COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76, MAP NO. 451) (OWNER: NRI—LQLP LAND, LLC) (c/o Nationwide Realty Investors, Ltd) (TLMA I PLANNING) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE ®�+ FOR RECORDING INFORMATION 111 %14 � �1; 0 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY PLANNING DEPARTMENT Richard K.Lashbrook Agency Director 0-K.12/17/02. A&14 000 3--7- PLEASE SUBMFT THIS FORM TO THE PLANNING DEPARTMENT WITH THE APPROPRIATE FILING FEE Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92502-1409 Aleta J. Laurence Director of Planning Recorded at the request of, and to be returned to: Cleric of the Board of Supervisors 4.080 Lemon Street, 14th Floor Riverside, CA 92501 cc: Planning Department NOTICE OF NON-RENEWAIL NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the und--rsi ed, being all of the owners of the affected real property, elect not to renew Land Conservation Contract or Agreement dated Jan. 1, 1978 and recorded on _Jan. 11, 1978 as Instrument No. -594.6 iu the Office of the County Recorder of Riverside County, California. The real property affected by this notice is located in the Coachella Valley Agricultural Preserve No, 76 Map No. 451 Dated: Nov. 27, 2002 STATE OF CALIFORNIA COUNTY OF On before me personally appeared known to me to be the person hose name subscribed to the within instrument and aclmowledged that executed the same. Notary Public Owner(s) See schedule "A" Mailing Address: NRI-LQLP Land, LLC c/o Nation Aide Really Investors; Ltd. 3"5 N. Front St., Ste, 206 Columbus, Ohio 43215 Code area and parcel number(s) of land affected: 76 7-2 00-0 0 3 FORM 2950089 (8/00) .�w°�6;�4,Fj. I—} SCHEDULE "A". SIGNATURE PAGE TO NOTICE OF NON -RENEWAL APN: 767-200-003 NRI-LQLP LAND, LLC, a Delaware limited liability company By: Nationwide Realty Ix-vtqstors, Ltd., an Ohio limited lAbilii company, its Managing mbe r By: Brian J. Ellis, President and Chxe Operating Officer STATE OF ss. COUNTY OF FkAK L LJ N ) On } d a, 2002, before me, the undersigned, a notary public in and for said State, personally appeared �56 RK I S I U S personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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. WITNESS MY HAND AND OFFICIAL SE L. a REGINA RHOADS ORMOND _ Rf�Ikt�Y 8t �� Signature [SEAL] �ry P state of OND it i r W Dimis$bn Has No E:Qgi ara 9fbf1147.03 R.C. IIIIII Ililll III IIIIIIII I1111Illl Ililll III IIIII III IN l�r a� e'fi4 EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 MAP NO.451 All that real property in the County of Riverside, State of California, described as follows: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. Owner I Assessor Parcel No. Acerage NRI-LQLP Land, LLC 1 767-200-003 19.55 (net) IIIIII IIIIII III IIIIII� IIIII I1II IIIIII III IIIII II I IIII 12/ E612-776904 /2 a2 &8: N7 � O c.� O I Q O a o o r— cn CC:) cn r— w cn I Page 1 of 1 Stan Sawa From: John Gamlin Ugamlin@hideawaygolfclub.com] Sent: Tuesday, March 22, 2005 5:51 PM To: Stan Sawa Subject: Madison/VVilliamson Act Contract Cancellation Stan Here is a summary of a follow conversation I had with Scott Hanna, Riv Co Assessor's Office after our meeting today. He does not need anything else from the city right now. He asked me for the average lot size. I am having the engineer perform a take -off and will get it to him tomorrow, cc to you. - He will send a copy of the valuation to the DOC, other property owners and the city when it is complete - The City will need to send him: o Confirmation that the cancellation penalty has been paid by us o The Certificate of Cancellation o A copy of the recorded cancellation. - He thought he would have the valuation done in two weeks or less. JG W-Development The Hideaway 80-955 Avenue 52 La Quinta, CA 92253 P.O. Box 1482 La Quinta, CA 92247 (760) 391-5072 (760) 3985788 fax 3/23/2005 - THE - MADISON CLUB March i8, 2005 - _ -- Doug Evans y f MAR I '' ,►, Director of Community Development 4 J iJ r City of La Quints UhAMUDj ELOPt: : 78-495 Calle Tampico ` La Quinta, California 92253 Re: Williamson Act Cancellation/East of Madison, LLC Dear Mr. Evans: East of Madison, LLC ("Petitioner") has prepared the attached Petition for Cancellation of Williamson Act Contract, which is submitted to the City as the successor to the County of Riverside based upon the previously completed Annexation #15. With respect to the Petition, please note the following: 1. The document is intended to provide a detailed outline of background facts, and issues that need to be addressed in order to process and complete the cancellation. However, the last several pages contain, under the heading "Summary of Petition Request", a chronological listing of specif4c steps that need to be taken by the City. It would be very helpful if you could rev'.ew these steps and provide input that will help the Petitioner create a basic time -line for the process. 2. Government Code ("GC") Section 51283.4 contemplates that the cancellation will be finalized at the same time that the Petitioner obtains all permits necessary for the alternative use, which in this case will be residential and golf development planned as part of the approved Country Club of the Desert Specific Plan 99-035, The Madison Club Specific Plan Amendment. Any assistance you can provide in coordinating the processing and concurrent consummation of these two endeavors would be greatly appreciated. 3. Subdivision (e) of GC Section 51282 provides that the Petition for Cancellation shall be accompanied by a proposal for a specified alternative use of the land, and shall list those governmental agencies known by the Petitioner to have permit authority related to the proposed alternative use. Under Section II, paragraph 2 on page 3 of the Petition, we have listed all agencies we believe have authority. We would appreciate your thoughts as to whether additional agencies should be identified. 4. By copy of this letter, I am concurrently forwarding the Petition to Scott Hanna at the Riverside County Assessor's Office in Indio in order to get the appraisal process started for purposes of determining the cancellation value of the property, and the cancellation fee that the Petitioner. will be required to pay. We would appreciate it if your staff would contact Mr. Hanna (76o/863-87i8) to see if there is anything else he needs from the City. 5. By copy of this letter, I am also concurrently forwarding a courtesy copy of the Petition to the State Department of Conservation. However, in order to satisfy technical 80-,349 VIA MIRASOL, LA QUINTA, CA 92253 TEL 760 777-9320 FAx 760 777-9321 Williamson Act Cancellation/hast of Madison, LLC City of La Quinta March 18, 2oo5 requirements of the Williamson Act, it will be necessary for the City to also send the Petition (and other document referenced in paragraph IV.2 on page g) to the Director of Conservation. 6. It is our understanding that a fee of $800 is required to initiate the cancellation process. Accordingly, a check in that amount, made payable to the City, is enclosed. 7- In addition, in order to enable the City to satisfy the notice requirements of GC Section 51284, a set of names, addresses and mailing labels will be provided shortly. There are only five parcels within a mile of the subject parcels that are under contract. Thanks again for your assistance in this matter. Please feel free to call me if you have any questions or comments regarding the above. Sincerely, P OF ON, C P. Gamlinresident Fncia::ure cc: Kathy Jenso- , La Quinta City Attorney Scott Hanna, Riverside County Assessor's Office Department of Conservation, State of California I FINANCE Revenue Code PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS TO: City of La Quinta FROM: East of Madison, LLC DATE: March 18, 2005 A 2oos - -0o z f�e, -$—oco_ "Petitioner," East of Madison, LLC, submits the following "Petition" for Cancellation of Williamson Act Contracts: I. FACTUAL BACKGROUND REGARDING CANCELLATION 1. City Adoption of Williamson Act Rules. On August 6, 2002, the City adopted Resolution 2002-123, which established Rules and Regulations relating to Williamson Act matters. Section 7 of Resolution 2002-123 provides that procedures for cancellation and nonrenewal of Williamson Act contracts shall be those set forth in the Williamson Act. The cancellation proposed by this Petition is compliant with the procedures set forth in the Williamson Act and the City's Williamson Act Rules and Regulations. 2. Williamson Act Property. Petitioner is the owner of approximately 40 acres of real property comprised of two legal lots and identified as Assessor's Parcel Nos. 767-200-002 ("Parcel One") and 767-200-003 ("Parcel Two") (collectively, "Williamson Act Property"). A depiction of the Williamson Act Property is attached hereto as Exhibit "A". 3. Williams Act Contracts. On January 1, 1978, Parcel One and Parcel Two were separately made subject to a California Land Conservation Act of 1965 contract ("Williamson Act Contracts") between the then -owners of the Williamson Act Property and the County of Riverside ("County"). A copy of the recorded Williamson Act Contracts is attached hereto as Exhibit "B", and a legal description of the Williamson Act Property is set forth therein. 4. Agricultural Preserve No. 76, Amd. #2, Man #451. Upon recordation of the Williamson Act Contracts, the County designated the Williamson Act Property Coachella Valley Agricultural Preserve No. 76. 5. Notices of Non -Renewal, On December 26, 2002, Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 (Parcel One) and 2002-776904 (Parcel Two), Official Records of Riverside County, California. Copies of the Notices of Non -Renewal are attached hereto as Exhibit "C". 6. Proposed Pro'ect. The Williamson Act Property is part of a larger property being developed as a world -class residential and golf community known as "The Madison Club." Cancellation of the Williamson Act Contracts is being sought in order to allow this development of the PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS TO: City of La Quinta FROM: East of Madison, LLC DATE: March 18, 2005 "Petitioner," East of Madison, LLC, submits the following "Petition" for Cancellation of Williamson Act Contracts: I. FACTUAL BACKGROUND REGARDING CANCELLATION 1. City Adoption of Williamson Act Rules. On August 6, 2002, the City adopted Resolution 2002-123, which established Rules and Regulations relating to Williamson Act matters. Section 7 of Resolution 2002-123 provides that procedures for cancellation and nonrenewal of Williamson Act contracts shall be those set forth in the Williamson Act. The cancellation proposed by this Petition is compliant with the procedures set forth in the Williamson Act and the City's Williamson Act Rules and Regulations. 2. Williamson Act Proper . Petitioner is the owner of approximately 40 acres of real property comprised of two legal lots and identified as Assessor's Parcel Nos. 767-200-002 ("Parcel One") and 767-200-003 ("Parcel Two") (collectively, "Williamson Act Property"). A depiction of the Williamson Act Property is attached hereto as Exhibit "A". 3. Williams Act Contracts. On January 1, 1978, Parcel One and Parcel Two were separately made subject to a California Land Conservation Act of 1965 contract ("Williamson Act Contracts") between the then -owners of the Williamson Act Property and the County of Riverside ("County"). A copy of the recorded Williamson Act Contracts is attached hereto as Exhibit "B", and a legal description of the Williamson Act Property is set forth therein. 4. zricultural Preserve No. 76, Amd. #2. Map #451. Upon recordation of the Williamson Act Contracts, the County designated the Williamson Act Property Coachella Valley Agricultural Preserve No. 76. 5. Notices of Non -Renewal. On December 26, 2002, Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 (Parcel One) and 2002-776904 (Parcel Two), Official Records of Riverside County, California. Copies of the Notices of Non -Renewal are attached hereto as Exhibit "C". 6. Proposed Project. The Williamson Act Property is part of a larger property being developed as a world -class residential and golf community known as "The Madison Club." Cancellation of the Williamson Act Contracts is being sought in order to allow this development of the PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 Williamson Act Property. Approximately 21 single-family residential units and portions of a golf course will be developed on the Williamson Act Property. Unless specified to the contrary, all references hereinafter to the "Project" shall mean the development of both the Williamson Act Property specifically and The Madison Club generally. 7. Annexation #15 and Related Documents. On January 13, 2003, Petitioner filed an application with the Riverside County Local Agency Formation Commission ("LAFCO") for approval of Annexation #15, which would authorize annexation of approximately 198 acres (including the subject Williamson Act Property) to the City of La Quinta ("City"). In connection with said application, certain documents were prepared and/or submitted to LAFCO, and acted upon both before and after the annexation as follows: A. Resolution No. 2002-91 adopted by the City on June 18, 2002, certifying a "Mitigated Negative Declaration" prepared for Zone Change 2001-100, Annexation, and Pre -Annexation Designations of 200 Acres (including the subject Williamson Act Property). B. Notice of Determination filed by the City with the Riverside County Clerk on July 8, 2002 in compliance with Section 21152 of the Public Resources Code, in connection with the City's certification of the Mitigated Negative Declaration. C. LAFCO Approval of Annexation #15. On June 26, 2003, LAFCO adopted Resolution 33-03, which approved Annexation #15. 8. Specific Plan 99-035, Amendment #1 and Tentative Tract May 33076. On February 1, the City Council took the following actions on Specific Plan 99-035, Amendment #1 and Tentative Tract Map 33076: A. Resolution 2005-015 adopted by the City on February 1, 2005, certifying an "Addendum" to Environmental Impact Report SCH #99061109 prepared for Specific Plan 99-035, Amendment #1, and Tentative Tract Map 33076 (including the subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000-154, adopted by the City on November 21, 2000 certifying the Environmental Impact Report prepared for a Specific Plan, Tentative Tract Map, Street Vacation, and Conditional Use Permit for Environmental Assessment 99-380 for Specific Plan 99-035; Tentative Tract Map 29894; Street Vacation 2000-041; and Conditional Use Permit 200-053. B. Notice of Determination filed by the City with the Riverside County Clerk on February 26, 2005, in compliance with Section 21152 of the Public Resources Code, in connection with the City's certification of the Addendum (including the subject Williamson Act Property). C. Resolution 2005-016 adopted by the City on February 1, 2005, establishing Development Standards, Principles, and Guidelines and Programs for Lands Totaling 1,018 Acres for Specific Plan 99-035, Amendment #1 (including the 637787.04/SF D2659-003/3-] 8-05/tpt/tpt 2 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000-156, adopted by the City on November 21, 2000 approving specific plan development principals and guidelines for a golf and residential community for Specific Plan 99-035. D. Resolution 2005-017 adopted by the City on February 1, 2005, Approving the Subdivision of Approximately 472 Acres into 225 Lots and Miscellaneous Lots for Tentative Tract 33076 (including the subject Williamson Act Property). The Resolution was for changes made subsequent to the adoption of Resolution 2000- 157, adopted by the City on November 21, 2000 approving the subdivision of 988 acres into 819 residential lots and miscellaneous lots for Tentative Tract Map 29894. II. SUBSTANTIVE LAW REGARDING CANCELLATION 1. City is Successor to Count-v and has Authority to Cancel Williamson Act Contracts, Gov. Code section 51235 provides that a city acquiring jurisdiction over an agricultural preserve by annexation shall have all the rights and responsibilities specified in the Williamson Act for cities or counties, including the right to enlarge, diminish or disestablish an agricultural preserve within its jurisdiction. Gov. Code section 51243 provides that after any annexation of property to a city, the city succeeds to all rights, duties and powers of the county under the contract. By completion of Annexation #15, the City succeeded to all rights, duties and powers of the County under the subject Williamson Act Contracts, and gained the authority to cancel same. 2. Requirements of Gov. Cade section 51282 e . Gov. Code section 51282 provides that a Petition is to be accompanied with a "specified alternative use of the land" and a list of "those governmental agencies known by the landowner to have permit authority related to the proposed alternative use." In this case, the proposed alternative use is the Project as defined above in this Petition, and as further defined in the Country Club of the Desert Specific Plan Amendment, which was approved by the City on February 1, 2005. A copy of the Amendment is on file with the City's Planning Department. Petitioner can provide further detail as to the alternative use if requested. As to the list of agencies known to the landowner to have permit authority related to the alternative use, those agencies are the Riverside County LAFCO, the City of La Quinta, the Coachella Valley Water District, the Regional Quality Control Board, the City of Indio, and the County of Riverside. 3. Findings Pursuant to Gov. Cade section 51282. In order to cancel the Williamson Act Contracts, the City must fmd either that "the cancellation is consistent with the purposes of [the Williamson Act]" or that "the cancellation is in the public interest." Gov. Code § 51282. However, even though state law requires only one or the other of the findings, it is common practice to make both sets of findings. Therefore, this Petition does so. The City Council also must make the fmdings required by Pub. Res. Code section 21081, if section 21081 is applicable. As described below in Section II.3.C, in this case section 21081 is not applicable. 637787.04/SF D2659-003 /3-18-0 5/tpt/tp t PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 A. Subdivision (b) of Gov. Code section 51282 provides that the cancellation of a contract shall be consistent with the purposes of Williamson Act only if the City Council makes all of the following five findings: (1) The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Gov. Code section 51245. Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 and 2002-776904, Official Records of Riverside County, California, on December 26, 2002, and were served on the City on June 26, 2003. (2) The cancellation is not likely to result in the removal of adjacent lands from agricultural use. To the contrary, the Project continues the planned and orderly development of the City of La Quinta. The Williamson Act Property is being added to the Desert of the Country Club ("DOCC") Specific Plan area, which is adjacent to and extends along the entire west and south boundaries of the Williamson Act Property. The Project's mix of residential and private golf course uses continues the existing residential and private golf course uses on those lands in the DOCC Specific Plan area. The Project also is a continuation of the existing "Hideaway" development, a single-family residential and golf community that borders the Project to the west and is substantially constructed. Because these lands are already developed, the cancellation cannot result in their removal from agricultural uses. As to the lands to the Project's east, although most if not all of these lands are not yet developed, these lands are either in the preliminary stages of the development process or are planned for future development, in accordance with the City's General Plan. Therefore, it would be the City's long-term planning and growth policies, and not this cancellation, that causes the removal of these lands from agricultural use. As to the lands to the Project's north, these lands are located in the City of Indio and are used for equestrian shows and other equestrian activities at the Empire Polo Grounds, as well as other outdoor events. The City of Indio's General Plan and Zoning authorize a small amount of residential uses on these lands. Because the uses on these lands are already non -agriculture and/or planned for residential uses, this cancellation cannot cause the removal of these lands from agricultural use. (3) The cancellation is for an alternative use that is consistent with the applicable provisions of the City's General Plan. The General Plan designates the Williamson Act Property as "Low Density Residential" with an "Agriculture/Equestrian" Overlay. See General Plan Land Use Diagram. The Low Density Residential designation authorizes up to four (4) dwelling units per acre. The Project's net density of 1.38 dwelling units per acre falls within this limitation. The Agriculture/Equestrian Overlay permits private golf course uses when those uses are authorized in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. 637787.04/SF D2 65 9 -00 3/3 -18-0 5/tpt/tp t 4 '-1 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 The Project also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. (4) The cancellation will not result in noncontiguous patterns of urban development. To the contrary, the Project continues the City's orderly pattern of urban development and growth. As described above in Finding No. 2, the lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although these lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The cancellation therefore does not create or result in "leapfrog" development with pockets of undeveloped lands. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Williamson Act Property would result in a noncontiguous pattern of development because the Williamson Act Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property would be inconsistent and disorderly. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will connect to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. 637787.04/SF D2659-003/3-18-05/tpt/tpt 5 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (5) 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, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non -contracted land. As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land. Gov. Code § 51282(c). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. Id. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area, and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Williamson Act Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non -contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. B. SubdiAsion (c) of Gov. Code section 51282 provides that the cancellation of a contract shall be in the "public interest" only if the City Council makes both of the following findings: (1) Other public concerns substantially outweigh the objectives of the Williamson Act. Cancellation of the Williamson Act Contracts and development of the Williamson Act Property is consistent with the City's General Plan, which calls for the development of the Property with residential and golf course uses. The General Plan designates the Property for low 637787.04/SF D2659-003/3-18-05/tpt/tpt 6 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 density residential uses, and authorizes golf course uses when those uses are set forth in an adopted specific plan. See General Plan Land Use Diagram. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. Cancellation of the Williamson Act Contracts also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. Development of the Williamson Act Property fulfills the City's protocol for orderly and well -planned development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although the lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The cancellation does not create or result in "leapfrog" development with pockets of undeveloped lands located between existing urban development and the Williamson Act Property. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Property would create a noncontiguous pattern of development because the Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property therefore would be inconsistent and disorderly. According to the Legislature, the availability of housing is a matter of "vital statewide importance," and "the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order." Gov't Code § 65580(a). The attainment of this goal "requires cooperative participation between government and the private sector" (Gov't Code § 65580(b)), and the use of state and local governmental power "to facilitate the improvement and development of housing" (Gov't Code § 65580(d)). The cancellation of the Williamson Act Contracts will fulfill the foregoing state policies promoting the development of much -needed housing because the Project proposes to provide approximately 21 residential units. The Project's residential development also will contribute to the City's obligation under the state Planning and Zoning Law to provide its regional fair share of housing. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property.' Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will be connected to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. 637787.04/SF 7D2659-003 /3 -18-0 5/tpt/tpt PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. (2) 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, the development of the contracted land would provide more contiguous patterns of urban development than development ofproximate, non -contracted land. As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land. Gov. Code § 51282(c). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. Id. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non - contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non - contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. 637787,04/SF D2659-003/3-18-05/tpt/tpt 8 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 C. Subdivision M of Gov. Code section 51282 provides that the City Council must make the findings required by Pub. Res. Code section 21081, if section 21081 is applicable. Section 21081 does not apply to the Project because an environmental impact report has not identified one or more significant effects on the environment that would occur if the Project is approved or carried out. To the contrary, the City certified both an Addendum to the CCOD Specific Plan EIR and a Mitigated Negative Declaration for the Project, each of which concluded that the Project would not cause any significant environmental impacts. 4. Determining Cancellation Fee under Gov. Code section 51283. Gov. Code section 51283 sets forth provisions for determining the fee that must be paid upon cancellation of a Williamson Act contract, as follows: A. Subdivision (a) of Gov. Code section 51283 provides that prior to any City Council action tentatively approving the cancellation, the County Assessor shall determine the current fair market value of the land as though it were free of the contractual restriction ("cancellation valuation"), and the Assessor shall certify to the Council the cancellation valuation of the land for the purpose of determining the cancellation fee. Discussion: Pursuant to previous discussions with an authorized representative of the County Assessor's office in Indio, a copy of this Petition will be delivered to the County Assessor concurrently with the filing of same with the City. B. Subdivision {b} of Gov. Code section 51283 provides that prior to any Council action tentatively approving the cancellation, the Council shall determine and certify to the County Auditor the amount of the cancellation fee which the landowner shall pay the County Treasurer upon cancellation, and that the fee shall be an amount equal to 12.5% of the cancellation valuation of the property. C. Subdivision (0 of Gov. Code section 51283 contains provisions relating to fee waivers which are not relevant to this Petition. D. Subdivision (d) of Gov. Code section 51283 provides that the first $2,036,000 of revenue paid to the State Controller pursuant to Subdivision (e) in the 2004-05, and any other amount as approved in the final State budget for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund. E. Subdivision e of Gov. Code section 51283 provides that when cancellation fees are collected, they shall be transmitted by the County Treasurer to the State Controller and deposited in the State General Fund, except as provided in Subdivision (d), within 30 days after the execution of a Certificate of Cancellation of Contract by the City Council, as specified in Subdivision (b) of Section 51283.4. 5. Finalizing Contract Cancellation_ and Paving Fee tinder Gov. Code section 51283.4. Gov. Code section 51283.4 sets forth provisions for finalizing cancellation and paying the fee, as follows: 637787.04/SF D2659-003/3-18-05/tpt/tpt 9 J-) PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 A. Subdivision (a) of Gov. Code section 51283.4 provides that upon tentative approval of a petition to cancel accompanied by a proposal for a specified alternative use of the land, the Clerk of the City shall record a Certificate of Tentative Cancellation, which shall set forth the name of the landowner, the fact that a Certificate of Cancellation of Contract will be recorded when the specified conditions and contingencies are satisfied, a description of the conditions and contingencies, and a legal description of the property. Conditions to be satisfied include payment in full of the cancellation fee. Contingencies to be satisfied shall include a requirement that the landowner obtain all permits necessary to commence the project. B. Subdivision (b) of Gov. Code section 51283.4 provides that the landowner shall notify the City Council when the landowner has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Cancellation. Within 30 days of receipt of the notice, and upon a determination that the conditions and contingencies have been satisfied, the Council shall execute a Certificate of Cancellation of Contract and record it. III. PROCEDURAL MATTERS REGARDING CANCELLATION 1. Gov. Code section 51284 provides that no contract may be cancelled until after the city has given notice of, and has held, a public hearing on the matter. Notice shall be published pursuant to Gov. Code section 6061 (published one time in a newspaper of general circulation) and mailed to every owner of land under contract within one mile of the exterior boundary of the contracted property, and, at least 10 working days prior to the hearing, a notice of the hearing and a copy of the petition shall be mailed to the State Director of Conservation. Further, within 30 days of the tentative cancellation of the contract, the City shall publish a notice of its decision, including the date, time and place of the public hearing, a general explanation of the decision, the findings made per Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least 1/8`h page in the newspaper. (The Section provides that the publication shall be for informational purposes only, and shall create no right that would otherwise not exist.) In addition, within 30 days of the tentative cancellation of the contract, the City shall deliver a copy of the published notice of the decision to the Director of Conservation. Discussion: A list of names, addresses and Assessor's Parcel Numbers of owners of land under contract within one mile of the exterior boundary of the subject Williamson Act Property will be submitted concurrently with this Petition. In addition, see Summary of Petition Request set forth below. 2. Gov. Code section 51284.1 sets forth procedures upon filing of a Petition for Cancellation of a Williamson Act Contract, as follows: A. Subdivision (a) of Gov. Code section 51284.1 provides that when a petition for cancellation is filed, and the City accepts the petition as complete under Section 65943, the City shall immediately mail a notice to the Director of Conservation, and that the notice shall include: (1) A copy of the petition (2) A copy of the contract 637787.04/SF D2659-003/3-18-05/tpt/tpt 10 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (3) A general description, in text or by diagram, of the land subject to cancellation of the contract. (4) The deadline for submitting comments regarding the proposed cancellation, which deadline shall be consistent with the Permit Streamlining Act, commencing with Gov. Code section 65920, but in no case be less than 30 days prior to the scheduled action by the Council. B. Subdivision (b) of Gov. Code section 51284.1 provides that the City Council shall send the information to the County Assessor that is necessary to describe the land subject to the proposed cancellation. The information shall include the name and address of the landowner petitioning the cancellation. C. Subdivision (c) of Gov. Code section 51284.1 provides that the Director of Conservation shall review the proposed cancellation and submit comments to the City by the deadline set forth in paragraph (4) of Subdivision (a), and that any comments shall advise the City on the fmdings required by Section 51282. D. Subdivision (d) of Gov. Code section 51284.1 provides that prior to acting on the proposed cancellation, the City Council shall consider comments submitted by the Director of Conservation. IV. SUMMARY OF PETITION REQUEST Based upon the foregoing, Petitioner requests that the City expeditiously (and in any event within applicable time periods set forth in the Permit Streamlining Act) undertake the following: 1. Review this Petition and accept it as complete under Gov. Code section 65943. 2. In compliance with Subdivision (a) of Gov. Code section 51284.1, mail a notice to the California State Director of Conservation, 801 K Street, Sacramento, California 95814, which notice shall include: A. A copy of this Petition (with attached Exhibits) B. A copy of the subject Williamson Act Contracts. (Exhibit `B" attached.) C. A diagram of the subject Williamson Act Property. (Exhibit "A" attached.) D. The deadline for submitting comments regarding the proposed cancellation, which deadline shall be consistent with the Permit Streamlining Act, but in no case be less than 30 days prior to the scheduled action by the City Council. 3. Consistent with the requirements of Subdivision (a) of Gov. Code section 51283, mail a copy of this Petition (with attached Exhibits), to the Riverside County Assessor's Office, C/O Scott Hanna, 82675 Highway 111, Room 309, Indio, California 92201, with instructions to initiate appraisal procedures in accordance with Gov. Code section 51283. 4. Consistent with the requirements of Subdivision (b) of Gov. Code section 51283, prior to any action tentatively approving cancellation of the subject Williamson Act Contracts, determine 637787.04/SF D2659-003/3-18-05/tpt/tpt 11 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 (based upon cancellation value information received from the County Assessor's Office) and certify to the County Auditor the amount of the cancellation fee (12.5% of the cancellation value), which Petitioner shall pay the County Treasurer upon cancellation. 5. Schedule (set a date, time and place of) a public hearing with respect to cancellation of the subject Williamson Act Contracts and the matters contained herein. 6. Publish notice of the public hearing pursuant to Gov. Code section 6061. 7. At least 10 working days prior to the date scheduled for the public hearing, mail notice of the hearing to every owner of land under contract within one mile of the exterior boundary of the subject Williamson Act Property. 8. At least 10 working days prior to the date scheduled for the public hearing, mail notice of the hearing to the Director of Conservation. 9. In compliance with Subdivision (d) of Gov. Code section 51284.1, prior to acting on the cancellation of the subject Williamson Act Contracts, consider comments, if any, submitted by the Director of Conservation. 10. At the scheduled public hearing, after receipt of any testimony and input, establish appropriate conditions and contingencies pursuant to Subdivision (a) of Gov. Code section 51283.4 which shall include, without limitation, payment by Petitioner of the full amount of the cancellation fee, and take action granting tentative approval of cancellation of the subject Williamson Act Contracts. 11. In compliance with Subdivision (a) Gov. Code section 51283.4, upon tentative approval of cancellation of the Williamson Act Contracts, cause the Clerk of the City to record a Certificate of Tentative Cancellation, which shall set forth the name of Petitioner, as the landowner, the fact that a Certificate of Cancellation of Contract will be recorded when the specified conditions and contingencies are satisfied, a description of the conditions and contingencies, and a legal description of the subject Williamson Act Property. 12. Upon receipt of the full amount of the cancellation fee from Petitioner, transmit same to the County Treasurer. 13. In compliance with Gov. Code section 51284, within 30 days of the tentative cancellation of the subject Williamson Act Contracts, publish a notice of the City's decision, including the date, time and place of the public hearing, a general explanation of the decision, the findings made per Gov. Code section 51282, and a general description, in text or by diagram, of the subject Williamson Act Property, as a display advertisement of a least 1/8"' page in a local newspaper of general circulation. 14. Upon satisfaction of all conditions and contingencies, cause the Clerk of the City to record a final Certificate of Cancellation. 637787.04/SF D2659-003/3 -1 8-05/tpt/tpt 12 PETITION FOR CANCELLATION OF WILLUMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 Respectfully Submitted: East of Madison, LLC A Delaware Limited Liability Company Date: ��� o-C)S By: 637787.04/SF D2659-003/3-18-05/tpt/tpt 13 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "A" WILLIAMSON ACT PROPERTY • APN 767-200-002/AGN 00036 0 APN 767-200-003/AGN 00037 637787.04/SF D2659-003/3-18-05/tpt/tpt 14 Riverside County GIS Page 1 of 4 X ►� LI, ALA Riveride County GIS RIVERSIDE COUNTY GIS Selected parcel(s): 767-200-002 AGRICULTURE PRESERVE NOT IN AN , COACHELLA VALLEY SELECTED PARCEL DAGRICULTURAL #76 PRESERVE *IMPORTANT* This information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records. Contact appropriate County Departmei or Agency if necessary. Reference to recorded documentse and public records may be necessary and is advisable. FULL REPORT APN(s): 767-200-002-4 OWNER/SITUS ADDRESS: - NRI LQLP LAND - 81301 AVENUE 52 - INDIO, CA. 92201 http://hnsnwa2.tlma.co.riverside.ca.us/cw/rclis/Print.htrn 3/8/2005 Riverside County GIS Page 1 of 4 �=v - 11AII L--""H5)q RIVERSIDE COUNTY GIS 52NO AY FAI, 1 1 $i[HTAAfi4 I rn z � �raGractiEr--svr � C a � xCHARl511PR TIC V+'Y'?�. Elm Lms OR Riverside Caun{y GIS 0 �648R Selected parcel(s): 767-200-003 AGRICULTURE PRESERVE NOT IN AN j COACHELLA VALLEY []SELECTED PARCEL []AGRICULTURAL PRESERVE :'/� #76 *IMPORTANT* This information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records. Contact appropriate County Departmei or Agency if necessary. Reference to recorded documentse and public records may be necessary and is advisable. FULL REPORT APN(s): 767-200-003-5 OWNER/SITUS ADDRESS: - NRI LQLP LAND - 81475 AVENUE 52 - COACHELLA, CA. 92236 http:/ihnsnwa2.tlma.co.riverside.ca.us/cw/rclis/print.htm 3/8/2005 PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "B" WILLIAMSON ACT CONTRACTS 0 APN 767-200-002/AGN 00036 0 APN 767-200-003/AGN 00037 637787.04/SF 15 D2659-003 /3-18-05/tpt/tpt EX-R l f 11 "1�)i" ti e e Q� c r V Do Cj `o OC Z 00 u L 'v u W a V - 0J �a g U. LU 6, • 8 Q LAND CONSERVATION CONTRACT COUNTY OF RIVERSIDE, herein called "County" and � Guy F. Edwards 9 herein called 'Owner," mutually agree: 1. This contract is made pursuant to the California Land Conservation Act of 1965, (Government Code, Section 51200, et seq.) and affects the real property described in Exhibit "A" attached hereto and made a part of this contract, which lies within the Coachella Valle #76 Amd #2. Mar #451 Agricultural Preserve. 2. This contract shall take effect on January 1, 1978 , and shall. remain in effect for an initial term of 10 years. 3. On each anniversary date of this contract, one year shall be added to the initial term unless notice of non -renewal shall be giver as provided in Section 51245 of the Government Code. Any notice of non -renewal referring to this contract shall be recorded by the County in the office of the County Recorder whenever the contract is not renewed. 4. This contract may be cancelled only in accordance with Sections 51282, 51283, 51283.3, 512S4 and 51285 of the Government Code. 5. When any portion of land subject to this contract is acquired 6-v condemnation of the fee title, or by purchase in lieu thereof, for a public improvement, this contract shall become null and void thereafter as to such portion, and may be amended to correctly reflect the description of any portion not so acquired. 6. In consideration of the execution hereof by County, and the execution by County and other owners within the preserve of similar contracts, the Owner, during the term of this contract, including any renewal period, agrees to use the described land only for agricultural uses and such compatible uses as are ule established for the administratio permitted by or pursuant to the llni3od�mcaunts Ordinance -No. 509. Said Uniform n of agricultural preserves by Rivers y art of this contract. Rules are by this reference incorporated in and made a-p the tion 7. In consideration of the execution hereof thinttheOwner and same a rricultural.upreserve, of similar contracts by other property o n `V County -agrees not to authorize uses, other than uses permitted by or pursuant to n said Uniform Rules, within said agricultural. preserve, during the term of this 40 a herein shall prohibit a change of contract or any renewal thereof. Nothing, boundaries of said agricultural preserve to omit lands not subject to such contract or to include additional lands. 8• Any notice to be given to the Otmer pursuant t o this contract at thead or said Uniform Rules may be sent try U.S- Mail addressed. - ess shawn below the signature of theowner. of.Like Supexv Sors,es to C'�ourtCounty House,mRi erside, ay be sent by U.S. Mail addressed to Clerk, California. Either party may -change such address by notice to -the -other. --q. This contract -shall. cansti.tute a convenaatthe..benefing ittofthe theland he heirs, described, and shall be binding upon and inure t successors and assigns of the parties.hereto. This contract may abeenforced by either party or by any•ownex of land within the same agriculturalpreserve which is subject to a similar contract. Dated January 1,� ATTEST: Donald D. Sullivan, -Clerk (Seal) eputy STATE OF C FO IA - ' COiINTY OF( - On �� % before me er pally appeared COIIN'1'y cu WER5=2 7 Z By Chairman, Board of Supervisors OWNER: �a11i-actress: ':1`" �= 2372 N. Cameron Ave. Covina, CIR. 91724 Known t e to be the person/,rhose nam subscribed ' a the wz in F "!% OI FICIAL SEAL instrument and acknowledged that " �-- LOUISE MILLER a;t= executed the 5 e• � � ^ NOTARY PUBLIC-CALIFORNIA A;� . LOS ANGELES COUNTY € My Commission Exp. Aug. 1, 1980 Notary Public LOUISE MILLER - EMIIBIT A All the real property in the County of Riverside, State of California, Lr; described as follows: The East half of the Northeast quarter of the Northwest quarter of Section 10, T6S-R7E, SBB&M. Guy F. Edwards 767-200-003-5 19.55/AC Coachella Valley No. 76, Amendment No. 2, Map No. 451 451 MAP NOO : •= COO ACHE��A VA��EY AGRICULTURAL PRESERVE N ®. 76 AMENDED BY MAP NO. 420, 451 T. 6S - R. 7E AMENDMENTS AMENDMENT NO. I, FEB. 15, 1977 , MAP NO. 420 AMENDMENT NO. 2, SEPT. 27,1977 , MAP NO. 451 ADOPTED ON JUNE 29,1976 BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. RIVERSIDE COUNTY PLANNING COMMISSION _ oG 0 W W. V J O U. w W W gig 4 CrA v ► m Cif V Y Q: 0 A !�w1 AM 4z W �V d a. no, Y LAND CONSERVATION CONTRACT COUNTY OF RIVERSIDE, herein called "County" and herein called "Owner,i' mutually agree: ­-1E YA 151T "B" L.•`• r e( hf Philip B. Johnson 1. This contract is made pursuant to the California Land Conservation Act of 1965, (Government Code, Section 51200, et seq.) and affects the real property described in Exhibit "A" attached hereto and made Wrt of this contract, which lies within the Coachella Valley #76,,Amd #2, Map Anzicultural Preserve. 2. This contract shall take effect on January 1, 1978, and shall remain in effect for an initial term of 10 years. 3. On each anniversary date of this contract, one year shall be added to the initial term unless notice of non -renewal shall be given as provided in Section 51245 of the Government Code. Any notice of non -renewal ref erring to this contract shall be recorded by the County in the office of the County Recorder whenever the contract is not renewed. 4. This contract may be cancelled only in accordance with Sections 51282, 51283, 51283.3, 51284 and 51285 of the Government Code. 5. When any portion of land subject to this contract is acquired by condemnation of the fee title, or by purchase in lieu thereof, for a public improvement, this contract shall become null and void thereafter as to such portion, and may be amended to correctly reflect the description of any portion not so acquired. 6. In consideration of the execution hereof by -County, and the execution by County and other. owners within the preserve of similar contracts, the OFmer, during the term of this contract, including any renewal period, agrees to use the described land only for agricultural uses and such compatible uses as are .J permitted by or pursuant to the Uniform Rules established for the administration of agricultural preserves by Riverside County Ordinance No. 509. Said Uniform Rules are by this reference incorporated in and made a part of this contract. e-i "S 7. In consideration of the e::ec.ution hereof by the Owner and the execution of similar contracts by other property owners w±thin the same agricultural preserve, County agrees not to authorize uses, other than uses permitted by or pursuant to said Uniform Rules, within said agricultural preserve, during the term of this contract or any renewal thereof. Nothing herein shall prohibit a change of boundaries of said agricultural preserve to omit lands not subject to such contract or to include additional lands. - 8. Any notice to be given to the Owner pursuant to this contract or said • Uniform Rules may be sent by U.S. Mail addressed to the Omer at the address shown below the signature of the Owner. Like notices to County may be sent by U.S. Mail. addressed to Clerk, Board of Supervisors, Court House, Riverside, California. 'Either party may change such address by notice to the other. 9. This contract shall constitute a convenant running with. the land herein described, and shall be binding upon and inure to the benefit of the heirs, successors and -assigns of the parties hereto. This contract may be enforced by either party or by any owner of land within the same agricultural.preserve which is subject to a similar contract. Dated January 1,C7 ATTEST: - Donald D. Sullivan, Clerk By ' { e�-tl) Deputy STATE OF CALIFORNIA COUNTY OF Riverside On December 28, 1977 before me personally appeared Philip B. Johnson Kno:an.to me to be the person_ whose naTe_ is subscribed to the within. instrument and acknowledged that he e:.:ecuted the same. Not x5' Public COUNTY OF 11ERSID By Chairman, Board of Supervisors 01•.TNER: 222fazs'- OtRITER: OkTNER : OWNER: nailing Address: 81-301 Avenue 52 Indio Calif, 92201 uuulJill iP11116NIp+IiiiiI1WMIli uaj i rumism riiimmilirmmniiiimirinat rtramuu+rq OFFICIAL SEAL T' JUDY K. REILLY NOTARY PUBLIC CALIFORNIA cu.• :K: '- PRINCIPAL OFFICE IN RIVERSIDE COUNTY C My CommIssian Expires October 24,. 1980- IILII}F�Iliulil Ill a rrllllgllllllll [llli]Illllllillttllllllll tEl!lllli IIIIIIIIPI111111IIIl 11 llli Illill i rrll7 i a EXHIBIT A �j All the real property in the County of Riverside, State of California, t1 described as follows: The West half of the Northeast quarter of the Northwest quarter of Section 10, T6S-R7E, SBB&M Philip B. Johnson 767-200-002-4 19.55/AC Coachella Valley No. 76, Amendment No. 2, Map No. 451 451 aMgN6MENT AMENDMENT NO. I, FEB. 15, 1977 , MAP NO. 420 AMENDMENT NO. 2, SEPT. 27,1977 , MAP NO. 451 ADOPTED ON JUNE 29,1976 BY THE BOARD OF SUPERVISORS N OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 0 400 800 RIVERSIDE COUNTY PLANNING COMMISSION PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACTS East of Madison, LLC March 18, 2005 EXHIBIT "C" NOTICES OF NON -RENEWAL ■ APN 767-200-002/AGN 00036 • APN 767-200-003/AGN 00037 637787.04/SF D2 65 9-00 3/3 -18-0 5/tpt/tpt 16 PLEASE COMPLETE THIS INFORMATION ECORDING REQUESTED BY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX —1st Floor) AND WHEN RECORDED MAIL TO RETURN TO: STOP #1010 Clerk of the Board CAC Annex Bldg. —1 Floor O O C N 2 00 2— 7 7 G SO Z 12/26/2002 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder M $ U fF;T� SMF MISC. L A R L COPY LONG REFUND NCHG EXAM NOTICE OF NOW RENEWAL AGRICULTURAL PRESERVE AGN 00036 Title of Document (COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76, MAP NO. 451) (OWNER: NRI-LQLP LAND, LLC.) (clo Nationwide Realty Investors, Ltd.) JLMA / PLANNING) DP THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE COPYFOR RECORDING INFORMATION r C� - ✓F " 1 S COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY PLANNING DEPARTMENT Richard K. Lashbrook Agency Director PLEASE SUBMIT THIS FORM TO THE PLANNING DEPARTMENT WITH THE APPROPRIATE FILING FEE Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92502-1409 01<. r2/1:?-/ rn. A[. M060.3#6 Aleta J. Laurence Director of Planning Recorded at the request of, and to be returned to: Cleric of the Board of Supervisors 4080 Lemon Street, 14th Floor Riverside, CA 92501 cc: Planning Department NOTICE OF NON -RENEWAL NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the undersigned, being all of the owners of the affected real property, elect not to renew Land Conservation Contract or Agreement dated Jan. 1, 1978 and recorded on Jan. 19, 1978 as Instrument No. 11158 in the Office of the County Recorder of Riverside County, California. The real property affected by this notice is located in the Coachella Valley Agricultural Preserve No. 76 Map No. 451 Dated: Nov. 27. 2002 STATE OF CALIFORNIA COUNTY -OF On before me personally appeared known to me to be the person whose name subscribed to the within instrument and acknowledged that executed the same. Notary Public FORM 2950089 (8/00) Owner(s) See schedule "A" attached hereto Mailing Address: NRI-LQLP Land, LLC c/o Nationwide Realty Investors, Ltd. 375 N. Front St., Ste. 200 Columbus,Ohio 43215 Code area and parcel number(s) of land affected: 7G7-200-002 SCHEDULE "A" SIGNATURE PAGE TO NOTICE OF NON -RENEWAL APN: 767-200-002 NRI-LQLP LAND, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd., an Ohio liniite is ility company, its Managin e ez By: Brian J. Ellis, President and Chief Operating Officer STATE OF 04 10 _ ) ss. COUNTY OF FtzAN Y-Lf f ) On 7 . 2002, before me, the undersigned, a notary public in and for said State, personally appeared A.K � . E I 1 iS personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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. WITNESS MY HAND AND OFFICIAL SEAL. � iAt's •�, REGINA RHOADS ORMOND Signature [SEAL] ' Mary sweofOhio p rMY Commission Has No E91r4on gp� C) ' ."yo bn 147.03 R.G. 1 .Re,°:�=a EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 MAP NO. 451 All that real property in the County of Riverside, State of California, described as follows: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. Owner Assessor Parcel No. Acerage NRI-LQLP Land, LLC 767-200-002 19.55 (net) INin1i�u�iimiNiuii „aroemq.. CD 1�1 W W J W Q M Q W J LLJ H- Ir'7 U J O Q � � O — N LJ 6J Q O AbO J O w O U O Q Q ED- O N N I o � cn c.0 O O Q U N 0 o ow O � _ II � O 2 � a.> 4 O PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX -1st Floor) AND WHEN RECORDED MAIL TO: RETURN TO: STOP #1010 Clerk of the Board CAC Annex Bldg. —1 Floor G- Ml 15IT 1101 HOC a 2002-776J04 12/26/2002 08'OOA Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder 1111111111111111111111111111111111111111111111111111111 PAGE SIZE DA PCOR N. SMF MISC. M g U L FR COPY LONG REFUND NCHG AM q R NOTICE OF NOW RENEWAL AGRICULTURAL PRESERVE (AGN 00037 Title of Document (COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76, MAP NO. 451) (OWNER: NRI-LQLP LAND, LLC) (c/o Nationwide Realty Investors, Ltd) (TLMA / PLANNING) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE 'Copy FOR RECORDING INFORMATION COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANA GEMENT A GENCY PLANNING DEPARTMENT Richard K. Lashbroolc Agency Director p-K. 12/17/02 4k614 00 0 3--;L PLEASE SUBMIT THIS FORM TO THE PLANNING DEPARTMENT WITH THE APPROPRIATE FILING FEE Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92502-1409 Aleta J. Laurence Director of Planning Recorded at the request of, and to be returned to: Cleric of the Board of Supervisors 4080 Lemon Street, 14th Floor Riverside, CA 92501 cc: Planning Department NOTICE OF NON -RENEWAL NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the undersigned, being all of the owners of the affected real property, elect not to renew Land Conservation Contract or Agreement dated Jan. 1, 1978 and recorded on Jars_ 11, 1979 _, as Instrument No. $946 in the Office of the County Recorder of Riverside County, California. The real property affected by this notice is located in the _Coachellavallev Agricultural Preserve No. 76 Map No. 451 . Dated: Nov. 27, 2002 STATE OF CALIFORNIA COUNTY OF On before me personally appeared known to me to be the person -,whose name subscribed to the within instrument and aclmowledged that executed the same. Notary Public Owner(s) See schedule "A" Mailing Address: NRI-LQLP Land, LLC c/o Nation Aide Realty Investors, Ltd. 375 N. Front St., Ste. 200 Columbus, Ohio 43215 Code area and parcel number(s) of land affected: 767-200-•003 FORM ,,,,,,,,.ao, ; 1111iii ,.�.,�,:,00. SCHEDULE"A" SIGNATURE PAGE TO NOTICE OF NON -RENEWAL APN: 767-200-003 NRI-LQLP LAND, LLC, a Delaware limited liability company By: Nationwide Realtyja-vgstors, Ltd., an Ohio limited Wbilit- company, its Managing mbe By: Brian J. Ellis, President and Chift Operating Officer STATE OF N+ E O } ss. COUNTY OF RAN L! L On q( a, 2002, before me, the undersigned, a notary public in and for said State, personally appeared YzY1 alp J• 61 � US personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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 sic, ature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SE A L. l�"p 0 Signature [SEAL] REGINA RHOADS ORMOND Attorney of Law Notary public. State of Ohlo My Commission Has No ExpV*i Soatfan 147.43 R.C. 2002-776904 EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 MAP NO. 451 All that real property in the County of Riverside, State of California, described as follows: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. Owner Assessor Parcel No. Acerage NRI-LQLP Land, LLC 767-200-003 19.55 (net) O O C � U v1 O o O O � w �[7 C II � O OJ v C O MIME O � V7 CD cn f\ 1672 SOFIA INVESTMENTS, INC. 79625 RANCHO SAN PASCUAL .760-771-8057 90-4278/1222 LA QUINTA, CA 92253 C) La (�ij WrC��RPERO CANYON national bank LOCAUV OWNED AND MANAORP FM n CtrezAvac Z Ar 11000 1 G ? 20 -j: 12 2 24 2 71380.0 2 LOOOO 56 2 C11Y OF LA WINTA LMOMER RECEIPT Date.- 6'/6/65 01 Receipt no: 11006 Description Iuantity ANDLIRt 'Id P1 REKH-61-ION 10 ALRLAK i. 00 $800.00 Irans numoer: 303.79 i I i I'l uN iencier detail Lh L-ht-Uh 16 721 Melo. 00 U C1 I Terjoered $8U.00 10181 payment $800.00 1'raos date: S/ d6i Of, fine: 15:05:58 -IhHlwn 'YtiU FUR YOUP PAYMENI IrrMtfvl ktCLIVEL) AFTER .3 P.rj. WILL 6t PuSltb jU !HE NEXT DAY'b' Acrivify — THE — MADISON CLUB February 16, 2005 Faxed, original mailed ``.Tallace Nesbit CITY OF LA QUINTA P.O. Box 1504 La Quetta, CA 92252 DfECEOMI�ro, nj FEB 2 2 2005 CiTv a� Laou3NrA C�MMUN�TY DEVELOPMENT DEPARTMENT RE: SPA 99-oS5, The Madison Club/Cancellation of Williamson Act Contract ]dear Mr. Nesbit: As you may be aware, the city council recently approved the referenced specific plan amendment. The SPA references related approvals, including cancellation of Williamson Art contracts. The reference information is Agricultural Preserves AGN 00036 and 00037, Coachella Valley Preserve No. 7G, Map No. 451. I have attached the applicable maps and Notices of Non -Renewal for edification. We had hoped that this request was going to accompany the Specific Plan Amendment so would appreciate any possible expedience. Please call me if I can help in anyway. Sincerely, EAST OF MADISON, LLC P John P. Gamy Vice President 8o-34.9 VIA MIRAsoL, LA QUIHTA, CA 92253 TEL 76o 77q-932o FAx 760 777-932, iL/ L! /VL 1L: vo rAA Zia olz Z004 11 IJKUAN, L,EF1'i —LA i6y ld 002 • l 12/27/20a2 11:32 FAX gag 955 1071 CL29K OF THE BOARD OFFICE OF CLERK OF TBE BOARD OF SUP VIS01P S 1' FWOR, COUNTY ADbMSTRATION CENTER P-O- BOX 1147.4080LEMON STA T - RIVMIDF. CA92502 VAX (909) 955 IQ71 FAQ FOR VWAMDL4TE D.EL VERY TO. DATE OF TEAIVSAHTTAL: TOTAL NO.# GFPAGES (Inelu&ng Cover Sheet): Ij drool r ly I� r IIj Nancy Ro-mer0 �Il chic OF THE BOARD Phono. (909) 95j-I069 Sec eUvr (909) 955-la63 6 e SCEJWT. AG"C UL2]� F.RESER TEES 7 a ri ATTACbTED A CO COPIM OF THE FOLL0WING: 2 1 L l Odce o Nou Aemg%- W — A ac��ser-ve Afr'[V DDa3 } : 451 2. Notice a Nora Aenewai—A 'eurtur Preserve AGN 00037 V. &P (P ORna !1012001 DEC-27-2002 FRI 12:05PM ID: PAGE:2 12/27/02 12:05 FAX 213 612 2554 _MORGAN,LLER`IS-LA (6) 12/27/2002 11:32 FAX 909 955 1071 CLERK OF THE HOARD [a 003 16002 PLEASE'QOMPLETE THIS INFORMATION RECORDING REQUESTED BY: CLERK OF THE BDARC IMPARTMENT (CAC ANNEX — 9stf Floor) AND WHEN WCORDED NAIL TO -- RETURN TO: STOP #4010 Clerk of the Board (CAC Annex Bldg. —1 Flood noc i2/261ze@2 Conformed Copy Hss nat been cotapgred witli original Gary L Orso County of Rlvcrside Assessor, County Clerk & Recorder THIS SPACE FOR RECORDERS USE ONLY NOTICE OF NOW RENEWAL Tile of Document (COACHELLA VALLEY AGRICULTURAL RRSSERVE NO, 76, MAP NO.45'1) (OWNER-' NFtl4_GILP LAND, LLC.) (Wo Nadw*Ade Really Investors, Ltd.) {TLMA ! PLANNING) THrS PAGE ADDED TO PFtCMDE ADEQUATE SPACE FOR REGARDING 1NFORMATIoN DEC-27-2002 FRI 12:06PM ID: PAGE:3 1G/L!!VL lc:ua rA3 213 t91CL554 12/27/2002 11:32 FAYL 909 955 1U71 MORGAN, LEWIS-LA (6 CLERK OF THE BOARD 14004 la005 Aodw COUNTY OF RIVERSIDE TRANSPORTATIONAND LAND MAIVAGEME&T AGENCY PLAN M NO DEPART R1G1y�Y R. La812bmOlc Agony Director PLEASE SLMMIT TBIS FORM TO THE PLANM NG DEPARTMENT WnV TIM APPROPPJATE VMING FEL RzIrmsidk CO=y FkMirlg DePMtjk at 4080 Lemon Strett 9th Floor 1Ziverai der CA 92 02-1409 t _ f �j P 2- Aleta J. Lan=ce Director ofPlanning Recorded at the reg=t of, rd to be retumd to.- Clerk- of the Road of Supervisors 4080 L==&mrk 14thFloor 17ivem*, CA 92501 = plat*g L]eptrtneut NO110E OF N011 RENkWAL NGTICE is 1XE1 Y OrVJW PtBselallt to Section 51245 of the C9ifomia Cm+.emmgmt Cade tat the under ned, being all of the owners of the Effected zeal PruPmlY► elect not to r=w Land Conservation C mtract or Aprnezit dated lam 1, 7v16 Amd recorded on J2.19 as Instum=tNo. L 1158in the Of Bre of the C011nty R ecoxder of Riverside CouirL by this wdoe is locatedin the Ouwad4 V91 ', C ifomi0, The;eal PraFe�IY afFeMd preserve No. 76 Map NO. _ -- dsl _ Dated; Nov. 27 200z STATE OF CALIE'ORMA COUNTFovOn - before me pmuwgy appeaued kROwn to me to be the pen; Dn whose name--. subscribed to the wlthLn �+ aid a0m wl dged that executed the same Notat*.1 Public FORM 295MR0 (8/00) Owner(s) Bee Schedule "An at't;ciGh6s hereto M iliag AddCCss: NIU IQL,P LI-d, LLC dot%x�+vdss. LAIL 375 N, VrQM St, Ste_ 2JU0 0-0 n= su-%Ohin 43215 Cade area and PaTcal n=ber(s) of land affected: 767-200-002 k� DEC-27-2002 FRI 12:06PM ID: PAGE:4 " L�.y� rra eta ale aaa4 -- XURGAN, L.EWIS=LA (6) 12/27/2oo2 11:32 FAX 9o9 955 1,11 CLERK OF THE BOAgD [a005 1@004 SC�T3t-FI.,E "A" SIGcNATURE PAGE TO NOTICE OF NON RENPEWAL APN: 767-200-002 NRI-LQLJF LAND, LLC, a Delaware limited liability company )3y_ Nationwide Realty Investors, Ltd., an Olio b" a ility company, its Man min e By: Brun J. Ellis, President and Chief Opexating Officer STATE OF 0410 ) COUNTY OFF on 2002 before me, the undersigned,, a notary -public in and for said State, personally appeared ; personally known to me (or proved to me on the bads of satisfactou evidence) to be the perspn(s) whose names) is�are subscribed to the within instrument and acknowledged to one that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(&) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument_ WMTESS W AND OFRCIAL SEAL. ,. 4.-Signature[SEAL]_Ntid My nShft ow4�F a SEWM 147M R.G- DEC-27-2002 FRI 12:06PM ID: PAGE:5 12/27/02 12:06 FAX 213 612 2554 MORGAN, LEWIS-LA (6) ra 006 12/27/2002 11:33 FAX 909 955 1071 CLERK OF THE BOARD EXHIBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO.75 MAP NO.451 All that real property in the COunty of Riverside, State of Califomia, described as follows: -THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP E SOUTH, MANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AI✓QQRDING To THE UNITED STATES GOVERNMENT SURVEY THEREOF. Owner NRI-LQLP Land, LLC Assessor Parcel No. Acerage 757-200-002 t .55 (net) . Q 005 DEC-27-2002 FRI 12:06PM ID: PAGE:6 1L/LY/Uz 1z:UU YAX Z13 612 2554 12/27/2002 11:3.3 RU-so9 935 1071 MORGAN, LEWIS-LA (6) 1@407 CLEM OF TYM BOARD ¢JODs ii PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED SY: CLERK OF THE BOARD DEPARTMENT (CAC ANNEX -1st Floor) AND WHEN RECORDED MAIL TO: RETURN TO: STOP #101a Clerk of he Board (CAC Annex Bldg. -1 Floor) IrHdS SPACE FOR RECORDERS USE ONLY NOTICE OF NON- RENEWAL 11I, rIII7gI f 01=w=n►rc ■.r.■. Title of Document (COAC"ELLA VALL.EYAGRICULTURAL PRESERVE NO.76, MAP NO.461) - (OWNER: NRI-LQLP L.ANo, LLq (do Nattonwida Realty InveetoFs, Ltd) (TLRtA I PLANNING) THIS PACE ADOW To PF OVWE ADEQUATE SPACE FOR RECORDING INF[ ftMATION DEC-27-2002 FRI 12:07PM ID: PAGE:? iciciiuc tc:uo rAA ZIJ DiZ L504 MORGAN, LEWIS-LA (6) Q 008 '12%27/2002 11:33 FAX 909 953 1071 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY - CLERK OF THE BOARD DEPARTMENT (CAC ANNEX ,1st Floor) AND WHE14 ReCORDED MAIL TO: RETURN TO.; STOP #1010 Clerk of thB Sward CAC Annex Bld . —1 Flogrj CLERK OF 'SHE BOARD IM 007 pOG- Ita Z002—'77000+4 12/2%/2802 Woreed Copy Has not been compared with orl9inaf Gary L Orso crtC�ity ClerkiaBRecorder fiam■seat . THIS SPACE FOR RECORDems lisp nun v !OTICE OF NOW RENEWAL ULTURAL POP-Q= um rRr-.l 1-ftleof (COACHELLA VALLEY AGRICULTURAL PRESERVE NO.76, MAP No. 461) (OWNER: NRI-4-QLP LANp, LLC) (Wo NwrlonwPWe Realty Inver , Ltd) COPY C'LMA I PLANNING) THIS PAGE ADDED TO PM%R[)E ADMUATE SPACE FOR RECORDING INFOR MAT16N DEC-27-2002 FRI 12:07PM ID: PAGE:8 '12/27/2002 11.33 FAX 9U9 955 1071 MORGAN, LEWIS-LA (6) a 009 .CP Richard IL Lashbrook Agency Dirermr A&W 00a CLERX OF THE BOAUD COUNTY OF RIVERSIDE TRAA,-SPORTA7YONANtD L E' AURA G.ENT,4 G-ENCY PLANNING DEPARTmENT ZFItASE SUBMff TMS FORM To T'IM' I`'x, NMR- C IDE'AR'1CMFNT VVUH TIM APPROPRIATE MING FEZ Riverside cmmty Pimmtng I7epartm& 408.0 L =-n stma ? 9th Floss Riverside, CA 92502.1409 9 00s Alsta 1. Lmwauoe rKracmr cfP1ataing Recorded at the request of, and to be -retu=d to: C11-& Of the Board of Sug ors 408a L== Street, 14th Floor 14vmide, CA 92501 CC. Flwnhig Dcpmt,,Lt N0110E OF NO3N-RjENtWAL NOUCE I'S MEF'EEEir 01VEN pura`uaat to Sxdon 51245 of he CpRfQro undersi�, brag all of the ow�em of the agecied real '+�eut Code that the or Agreement dated Jan_ 1, 1978 n� l Y+ elect not to renew �x�servation Contract —..a—.. rcxded on I�r,_ 1 t _ 97 2S %Sizuxrnt No. b 5946to the Office crf the County Recorder of Rivmjda Country, Calif this 10d= is located in C jEa „ �#� T� rd81 P�� ofI=ed Mag lriq, 451 Cultural Preserve No. 7G Dated_: Nov. 27 2002 STATE OF gALIFORNU CDUNTY OF on before me persanalty appeared Iiown to me to be the person Whose nee subscn-bed to thr v t in ias=t and acknowledged that eaceoated the same. Notarg• Fgb1ic FORM 1950059 (al00) Owner(m) ch d LIE "A" IKRP Address: IsW LW CJd AISda4wiriG Rr�ry �raop�S, �d- 375 N. Fraat 5t. Ste. 700 Golu xrbLLy Oifiu 4321$ Code am and F=el numbers) of land affected; 767-200-003 DEC-27-2002 FRI 12:07PM ID: PAGE:9 1c/41/uc 1c:u1 MA z13 UIZ 2554 40RW, LEWIS-LA (6) 12/27/2002 11:33 FAX 009 955 1071 CEJM OF THE BOARD [a 010 1200s SCH-F-- LE_"A" SIGNATURE PAGE TO NOTICE OF ICON RENHWAL APN-' 767-200-003 NRI-LQLP LAND, LLC, a Delaware limited liability company By. Nadoiruvide Re,3ltystm, Ltd., an Ohio limited h6biho company, its 1Vlan-*ng I 1 Bzian ]'. Ellis, President and Ch Opmtlna Officer STATEOF M10 ) COUNTY OF kN IC L I N ss far said Sty On { , 2, before one, the unde"igiied, a nataiy public in and ,• 10n�Y 8ppeared_ �- �I � personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(&) is&Te subscribed to the within instrument and ac)mawledged to in hisfhme that heJshe/they exectitsd the same erftheir authorized capwity(ies), aiid that by hisfherf'ha signature(s) the pet m(s), or the entity upon behalf of which the am0n s an the instrument P () armed, executed the insinimerit, LESS N Y NAND AND CFMCLkL $ _ a Signature jSEAL] AEtg DEC-27-2002 FRI 12:07PM ID: PAGE:10 lzfzlfuz 1z:u7 YAa 213 612 2554 MORGAN, LEWIS-LA (6) Q011 N 12/27/2002 11:34 FAX 909 935 1v7j CLERS OF TH$ ROARD IBIT A COACHELLA VALLEY AGRICULTURAL PRESERVE NO, MAP NO.451 76 All that real property in the County of Riverside, follows: Sate of California, described as THE EAST HALF OF THE NORTHEAST QUARTER OF THE NQRTI MAV ST QUARTER OF SECTION 10. TOWNSHIP G SOtjTH, RANGE.7 EAST, SA N BERNARDINO BASE AND MERIDIAN. Owner NRI-LQLP Land, LLC Assessor Parrcel No. 767 200-003 Acerage 9 410 DEC-27-2002 FRI 12:08PM ID: PAGE:11 C d E a3 w o fl o yam+ N N� U rnm r� oz ;51Z i O N l R a C1) 9 s .-. 00 ❑ ■+ �. d 7 � U e .� m w 4 u I - 0 0 0 0 0 0 0 0 0 0 0 0 00 O 00 0 0 0 0 0 0 0 0 0 0 0 o co o O0 cn 00000CDC 0000o co 0 cri 0 0 0 0 0 0 0 rl- o ti 0 ❑ o 0 0 0 0 0 0 0 0 0 0 0 It o o = LL U.] 0o0Cm00LO(D000 69, 00 O O N Om N O O O O 69 O N N 6% 69 r 64 69 69 � CO r � C9 69 69 69 69 6% 64 co O O 00 000 0c0 C) �- O O LO O I- 00 CM Z O m o o CO LOqt r; W 0 � C 0 0 ❑ U) U) N EF} W W H o C N CO N 00 E It 0 0 0 LL N cM \ O N ti N O U � C6 C O d C7 CQ3 J C V) 1 C O a (6 L c:) J \ coco ` U CB N ❑ 00 ++ r o D �1 V 0)tor-IU)•E in •w � of v: \. L d U) U) 0 U) � n rn C6 O O O O O O O O O O O X LL p +�+ O O O a) -= N N a) N CO N O N N Q' G1 1 l0 ❑ y0,, y Z a ❑❑ O❑❑❑❑❑❑❑❑❑ O' C1 r a) ❑ A O (9 C6 m m m m m m m f0 (9 O LL N " V c $ c c c c c c c c c c c c U o o❑ o 0 0 0 0 0 0 0 0 d W N d o vJ 0 U' _ _ _ 2 _ _ _. _ --D-O -0"0-0"0"0-0-0"0-0 O Q o❑ ` (D c R O O W J O O U� ~ U a F-QQ�QQQQQQQQQ u w3: m JAN-31-2005 MON 11:55 AM FAX NO. P. 01 rr I. .1 TERRA NOVA Planning & Research, Inc. 400 S. Farrell, Ste. B-205 PALM SPRINGS, CA. 92262 (760) 320-9040 FAX#: (760) 322-2760 E-Mail: tnprps@aol.com DATE: January 31, 2005 TO: Mr. Wally Nesbitt La Quinta Planning Department FAX: 760-777-1233 FROM: Nancy Lawson, Assistant to Nicole Criste FAX TRANSMITTAL Number of pages in this transmittal: 1 + 15 (including this page) RE: Hideaway Please find the following 15 pages for your reference pertaining to the above noted project If you have any questions, please contact Nicole or me at 760-320-9040. Thank you. ��pp Lw 6 �� A V\ Enclosures: Yes 0 No Documents to follow: A FF-DEX/UPS A E-Mail A Mail Confidentiality Notice: This transmittal is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the on final message to us at the above address via the U.S Postal Service. Thank You. JAN-31-2005 MON 11:55 AM FAX NO. P. 02 r- I 1. -,A TERRA NOVA Planning & Research, Inc. FAX TRANSMITTAL 400 S. Farrell, Ste. B-205 PALM SPRINGS, CA. 92262 (760) 320-9040 FAX#: (760) 322-2760 E-Mail: tnprps@aol.com DATE: January 31, 2005 TO; Mr. Wally Nesbitt La Quinta Planning Department FAX: 760-777-1233 FROM; Nancy Lawson, Assistant to Nicole Criste Number of pages in this transmittal: 1 + 15 (including this page) RE: Hideaway Please find the following 15 pages for your reference pertaining to the above noted project If you have any questions, please contact Nicole or me at 760-320-9040. Thank you. Enclosures: A Yes A, No Doctunents to follow; A FEDEX/UPS A E-Mail A Mail Confidentiality Notice; This transmittal is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service. Thank You. JAN-31-2005 MON 11;56 AM 01-31-0508:16AM; ;780 398 5768 P. 03 # 2/ 18 I EnWromnentai Analysis The 2oo2 General Plan Open, Space Policy Diagram no longer identifies a conceptual location for a future park facility udthirn the CCDSP Area along Avenue 54 between Jeffetson Street and Madison Street. Consistent with City policy, the Specific Plan Amendmwnt project will be required to pay applicable Quimby fees, reducing potential impacts to parks to a less than significant leVel. Mitigation adopted for the Certified CCDSP Final M required that the Development Regulations of the adopted CCDSP establish misumum front yard setbacks of 30 feet for houses with forward facing garages. The adapted CCDSF does establish minimum front yard setbacIm of 30 feet for houses with forward facing garages. With implementation of mitigation measures for park$ and front yard setbacks adopted for the Certified CCDSF Finn] ETV, the adopted CCDSP is consistent with all of the applicable policies in the Z002 General Plan. The 120 acres proposed for addition to the CCDSP Area will be governed by the requirements of the CCDSP. Therefore, the proposed Specific Plan Amendment would be consistent with all of the applicable policies horn the 2002 General Plan. The majority of the 120 acres proposed for inclusion as part of the CCDSP amendment are fallow agricultural land and the remaining portion$ of the site are currently used as grazing 14nd. The Department of Conservation currently designates the 120 acres as Prime VarmDmd and Faratland of Local Importance on the 2002 State important Varmland Maps. Approximately 40 acres within the i20-acre area are also under Williamson Act contract. Notices of non -renewal have been filed and the current contract will expire in 2012. However, contracts may be cancelled upon the mutual agreement of the landowner and the local planning jurisdiction following the appropriate cancellation process. A request for cancellation of a Williamson Act contract will be acted upon by the City as part of the development approval process for the Specific Plan Amendment. Development of the proposed project would convert an of the farmland on the site to tesiriertial and golf course uses. The 2002 General Plan designates the 12-0 acres as Low-Demity Residential with an Agricultural/Equestrian Land Use and Rural Residential Zoning Cverlay, thus, pewat&'$ residitntial development- The CCDSP EIR identified the conversion of agricultural Iand to urban uses as an uravoidable- significant impact, and the City adopted a Statement of Overriding Cwtt iderations far it. For these reasons, the conversion of nn additional 120 acres by the proposed Specific Plan A andment will not result in any new or substantzaliy more severe impacts to land utic planning and agricultural resources than those identified in the Certified CCDSP Final EIR. 0 24 Addcndiom to flee Zmar� 5cfcr�oet. lire tenntryQpbQf Hie Dp�►f Si'�I� F1rcn final F�ii �' h5 ?� Gw•rrn5rrr iQd4 MEMORANDUM TO: Jerry Herman FROM: Noam Duzman DATE: August 26, 2002 FILE NO: 015610-0002 RE: Procedure for Cancellation of Williamson Act Contract This memorandum outlines the steps that must be taken in order to cancel a Williamson Act contract. Also discussed in this memorandum is the -specific issue of whether a parcel map is sufficient to establish the "alternative use" finding (discussed below) the City Council must make in order to approve the cancellation. Government Code sections 51280 et seq. sets out the statutory scheme for cancellation of Williamson Act contracts.' In order to cancel the contract, the landowner must first file a notice of nonrenewal. (Gov't Code § 51282(a).) Then the landowner must submit a petition for cancellation to the City Council for cancellation as to the entire or any part of the subject property. (Gov't Code § 51282(a).) Along with the petition, the landowner must submit a proposal for a specific alternative use of the land. The level of specificity of the proposal is detennined by the City Council as is deemed necessary to make the necessary findings. The City Council may require the payment of a reasonable fee to be made at the time the petition is submitted. (Gov't Code § 51281.1.) Upon review of the petition, the City Council may grant a tentative approval for cancellation if it makes one of the following findings: (1) That the cancellation is consistent with the purpose of the Williamson Act. This finding can only be made if the City Council can make each all of the following findings: (a) That the cancellation is for land.on which a notice'of nonrenewal has been served pursuant to section 51245. ' Note, if the land at issue is to be used for agricultural laborer housing or is zoned for timberland production, then a different process may be applicable. 975/015610-0002 302538.02 PM02 111 .Jerry Herman August 26, 2002 Page 2 (b) That cancellation is not likely to result in the removal of adjacent lands from agricultural use.2 (c) That cancellation is for an alternative use which is consistent with the applicable provisions of the city or county general plan.3 (d) That cancellation will not result in discontiguous patterns of urban development. (e) That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or 2 The uneconomic character of an existingagricultural use shall not b g y itself be sufficient reason for cancellation of the contract. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. 3 Typically, in order to establish a sufficient "alternative use," a subdivision map is filed in conjunction with the cancellation petition. The City has asked whether the applicant can meet this requirement by filing a parcel map rather than a tract map. The answer to this question is not clear. Nothing in the law expressly requires that a tract map be submitted. That being said, "[t]he cancellation provisions were included `[a]s a means of dealing with strictly emergency situations where the public interest no longer dictates that the contract be continued ....' " (Sierra Club v. City of Hayward (1981) 28 Cal.3d 840, 852.) Based on this interpretation, the County of Riverside (when it considers such petitions) will only make the "alternative use" finding where a tract map has been submitted. The County has taken the position that a project embodied in a parcel map is not sufficiently large to justify cancellation. The County has also informed us that the Department of Conservation (which gets to review, and comment on, the City's findings) has of late been more likely to scrutinize the findings unless the findings are supported by substantial evidence. 4 "Proximate, noncontracted land" means land not restricted by contract pursuant to this chapter, which is sufficiently close to land which is so restricted that it can serve as a practical alternative for the use which is proposed for the restricted land. 5 "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract pursuant to this chapter. Such nonrestricted land may be a single parcel or may be a combination of contiguous or discontiguous parcels. 975/015610-0002 302538.02 PM02 Jerry Herman August 26, 2002 Page 3 that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. OR (2) That cancellation is in the public interest, meaning that both of the following findings can be made: (a) That other public concerns substantially outweigh the objectives of this chapter; and (b) That there is no proximate noncontracted 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 patterns of urban development than development of proximate noncontracted land. If the City Council can make the necessary findings, the county assessor for County of Riverside must determine the full cash value of the land as though it were free of the contractual restrictions. The assessor must certify to the Council the cancellation valuation of the land for the purpose of determining the cancellation fee. (Govt. Code § 51283.) Prior to giving tentative approval, the City Council must determine and certify the amount the county auditor determined the landowner must pay the county treasurer. That fee must be equal to 12'/2% of the cancellation valuation of the property. If it finds that it is in the public interest to do so, the City may waive this fee or any portion thereof or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur: (1) The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner. (2) The Council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required. (3) The waiver or extension of time is approved by the Secretary of the Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the Council is consistent with the policies of this chapter and that the Council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the 975/015610-0002 302538.02 PM02 Jerry Herman August 26, 2002 Page 4 City Council, the evidence in the record of the City Council, and any other evidence the secretary may receive concerning the cancellation, waiver or extension of time. (Gov't Code § 51283; see also Gov't Code § 51283.1 regarding requirements to assess additional deferred taxes under certain situations.) Once all of the steps discussed above have been taken and all the necessary findings have been made, the tentative approval must be recorded in the office of the county recorder for Riverside. In addition, within 30 days of the tentative cancellation of the contract, the City must deliver a copy of the published notice of the decision to the Director of Conservation. (Gov't Code § 51284.) The tentative approval must include the name of the landowner requesting the cancellation, the fact that a certificate of cancellation of contract will be issued and recorded at the time that specified conditions and contingencies are satisfied, a description of the conditions and contingencies which must be satisfied, and a legal description of the property. Conditions to be satisfied shall include payment in full of the amount of the fee computed, together with a statement that unless the fee is paid, or a certificate of cancellation of contract is issued within one year from the date of the recording of the certificate of tentative cancellation, the fee shall be recomputed as of the date of notice. Any provisions related to the waiver of the fee or portion thereof shall be treated in the manner provided for in the certificate of tentative cancellation. In addition, the tentative approval must include a condition requiring the landowner to obtain all permits necessary to commence the project. Within 30 days of the landowner notifying the City Council that he or she has satisfied the conditions in the tentative approval, the City Council must execute a certificate of cancellation of contract and cause the same to be recorded. (Gov't Code § 51283.4.) No contract can be cancelled prior to the City giving notice of and having held a public hearing on the matter. Notices and publication of notices must be made pursuant to Government Code sections 51284 and 51284.1. The City Council is required to .consider comments made by the Department of Conservation regarding the required findings necessary to effectuate the cancellation. Attached for your reference are findings made by the County of Riverside for a cancellation of contract previously approved and the tentative approval for that same project. The following documents are attached: #1 County of Riverside's certificate of cancellation, value based on current market value, #2 CAPTAC's recommendation to Riverside Board of Supervisors, #3 Staff Report prepared by the Planning Department for the Riverside Board of Supervisors, and #4 Board of Supervisors Resolution approving cancellation. Moreover, also attached for your convenience are several forms that the County of Riverside utilizes when it goes through the cancellation process for land within its jurisdiction. These forms should be reviewed and utilized as the City deems appropriate. These forms include, as numbered: #5 Notice of Renewal and Instructions, #6 Petition for Cancellation, #7 Application for Disestablishment or Diminishment, and #8 Notice rules. 975/015610-0002 302538.02 PM02 Jerry Herman August 26, 2002 Page 5 If you have any questions regarding the cancellation process, or if the City needs help moving forward on this matter, please do not hesitate to call. 975/015610-0002 302538.02 PM02 = MET R O S C A N PROPERTY P R O F I L E= Riverside (CA) **************************************************************************************** * * * <<< OWNERSHIP INFORMATION >>> * * * Parcel Number :767 060 029 S:03 T:06S R:07E Q:SW * Ref Parcel #:000 000 000 Pos Interest: * Owner Name :Stephens Paul * CoOwner :Leibeck Hazel M * Site Address:81400 Avenue 52 Indio 92201 * Mail Address:81400 Avenue 52 Indio Ca 92201 * Telephone :Owner: Tenant: * * * <<< SALES AND LOAN INFORMATION >>> * * * Transferred :08/01/1997 Loan Amount * Document # :284732 Lender * Sale Price Loan Type * Deed Type:Correction Interest Rate * t Owned :100 vesting Type: * * * * * <<< ASSESSMENT AND TAX INFORMATION >>> * * * Land :$45,906 Exempt Type * Structure:$75,223 Exempt Amount * Other Tax Rate Area :07-093 * Total :$121,129 Taxes :$2,304.62 * t Improved :62 * * * <<< PROPERTY DESCRIPTION >>> * * * Map Grid * Census:Tract:456.03 Block:5 * Land Use :P12 Agr,Horse Ranches * Legal :19.02 ACRES M/L IN POR SW 1/4 OF * :SEC 3 T6S R7E FOR TOTAL DESCRIPTION * :SEE ASSESSORS MAPS * Sub/Plat * Book Page: * * * <<< PROPERTY CHARACTERISTICS >>> * * * Bedrooms Stories YearBuilt: AgPreserve :Yes * BathFull Units :1 MiscImprv:No * Bath3Qtr Bldg SgFt: Street:Unpaved ADDITIONAL * BathHalf Gar SgFt Waterfrnt: * Fireplce :No Gar Type Elect Svc:None RmAddtns :No * Cntrl Ht :No Lot Acres:19.02 Gas Svc :None RmAddSF * CntrlA/C :No Lot SgFt :828,511 WaterSrce:None AddGarType * Pool :No Roof Type: SewerType:None OthrPkng * * **************************************************************************************** Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. lroperty Profile RIVERSIDE I Prepared By: Miles Hughey Prepared For: Parcel Number: 767-060-019 Phone: Ownership: MRRD MAN S Owner 1: HAAGEN,ALEXANDER III Pg-Grd: 215-C6/5470-C7 Owner 2: Census: 0456.018 Site Address: 51700 MADISON ST Zoning: A101 Site City/State: INDIO CA 92201 Tract: - Mail Address: 23456 HAWTHORNE BLVD 120 Lot/Block: - / Mail City/State: TORRANCE CA 90505 Flood Panel: 060245 2270 Legal Description: 9.41 ACRES M/L IN POR SW 1/4 OF SEC 3 T6S R7E FOR Property Characteristics Use Description: AGRICULTURAL - LIVESTOCK Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SgFt: Num Units: 1 Heat/Cool: Gar Type: Lot Size: 9.41 A Fireplace: Car SgFt: Gas: NO Half Bath: Gar Type2: Sewer: NO 3/4 Bath: Out Imp: Electric: NO StSurf: Water: NO Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 06/01/1989 + Doc Number: 188483 Buyer: HAAGEN,ALEXANDER III Sale Amount: $490, 000 F Cost per SgFt: Seller: 1st Trust Deed: Loan Type: Lender: +Addl: Prev Date: Title: FIRST AMERICAN TITLE Prev Amout: Assessment/Tax Information Assessed Value: $302, 143 Land Value: $286, 492 Improvement: $15, 651 % Improvement: 5% Tax Amount: $3,182.70 Status: CUR Tax Rate Area: 007093 Exempt: Tax Year: 2004-2005 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile Report lroperty Profile RIVERSIDE I I Prepared By: Miles Hughey Prepared For: Parcel Number: 767-060-024 Phone: Ownership: MRRD MAN S Owner 1: HAAGEN, ALEXANDER III Pg-Grd: Owner 2: Census: 0452. 023 Site Address: Zoning: A101 Site City/State: INDIO CA 92201 Tract: 00000-00 Mail Address: 23456 HAWTHORNE BLVD 120 Lot/Block: P-0002 / Mail City/State: TORRANCE CA 90505 Flood Panel: Legal Description: 8.42 ACRES M/L IN PAR 2 PM 010/027 PM 5204 Property Characteristics Use Description: AGRICULTURAL — LIVESTOCK Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SgFt: Num Units: Heat/Cool: Gar Type: Lot Size: 8.42 A Fireplace: Car SgFt: Gas: No Half Bath: Gar Type2: Sewer: No 3/4 Bath: Out Imp: Electric: No StSurf: Water: NO Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 06/01/1989 + Doc Number: 188483 Buyer: HAAGEN,ALEXANDER III Sale Amount: $490, 000 Cost per SgFt: Seller: 1st Trust Deed: Loan Type: Lender: +Addl: Prev Date: Title: Prev Amout: ASS@SSment/TaX Information Assessed Value: $337, 662 Land Value: $330, 268 Improvement: $7, 394 % Improvement: 2% Tax Amount: $3, 556.86 Status: CUR Tax Rate Area: 007093 Exempt: Tax Year: 2004-2005 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile Report �operty Profile RIVERSIDE Prepared By: Miles Hughey Prepared For: "M* — - Parcel Number: 767-060-026 Phone: Ownership: COMTY PROP Owner 1: VAIL, TIMOTHY B & JANE R Pg-Grd: Owner 2: Census: 0452.023 Site Address: Zoning: A101 Site City/State: INDIO CA 92201 Tract: 00000-00 Mail Address: PO BOX 1626 Lot/Block: P-0001/ Mail City/State: LA QUINTA CA 92253 Flood Panel: Legal Description: 9.11 ACRES GRS IN POR PAR 1 PM 010/027 PM 5204 Property Characteristics Use Description: AGRICULTURAL, - LIVESTOCK Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SgFt: Num Units: 1 Heat/Cool: Gar Type: Lot Size: 9.11 A Fireplace: Car SgFt: Gas: NO Half Bath: Gar Type2: Sewer: NO 3/4 Bath: Out Imp: Electric: NO StSurf: Water: NO Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 02/03/2000 Doc Number: 41857 Buyer: VAIL, TIMOTHY B & JANE R Sale Amount: $ 650, 000 Cost per SgFt: Seller: 1st Trust Deed: Loan Type: Lender: +Addl: Prev Date: Title: Prev Amout: Assessment/Tax Information Assessed Value: $355, 821 Land Value: $217, 443 Improvement: $138, 378 % Improvement: 38% Tax Amount: $3,748.14 Status: CUR Tax Rate Area: 007093 Exempt: Tax Year: 2004-2005 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile Report Prepared By: - -* M* Parcel Number: Owner 1: Owner 2: Site Address: Site City/State: Mail Address: Mail City/State: Legal Description: roperty Profile RIVERSIDE -71 Miles Hughey Prepared For: 767-060-028 Phone: Ownership: COMTY PROP VAIL,TIMOTHY B & JANE R Pg-Grd: Census: 0456.018 81200 AVENUE 52 Zoning: A101 INDIO CA 92201 Tract: - PO BOX 1626 Lot/Block: / LA QUINTA CA 92253 Flood Panel: 19.02 ACRES M/L IN POR SW 1/4 OF SEC 3 T6S R7E FOR Property Characteristics Use Description: AGRICULTURAL - LIVESTOCK Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SgFt: Num Units: Heat/Cool: Gar Type: Lot Size: 19.02 A Fireplace: Car SgFt: Gas: NO Half Bath: Gar Type2: Sewer: NO 3/4 Bath: Out Imp: Electric: NO StSurf: Water: NO Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 02/03/2000 + Doc Number: 41857 Buyer: VAIL,TIMOTHY B & JANE R Sale Amount: $650, 000 F Cost perSgFt: Seller: 1st Trust Deed: $350, 000 Loan Type: /FIX/ Lender: SELLER +Addl: Prev Date: Title: CHICAGO TITLE Prev Amout: Assessment/Tax Information Assessed Value: $333, 959 Land Value: $328, 750 Improvement: $5, 209 % Improvement: 1% Tax Amount: $3, 517. 84 Status: CUR Tax Rate Area: 007093 Exempt: Tax Year: 2004-2005 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile Report F roperty Profile RIVERSIDE I� I Prepared By: Miles Hughey Prepared For: Parcel Number: 767-060-029 Phone: Ownership: TEN COMMON Owner 1: STEPHENS, PAUL TR Pg-Grd: 225-E1/5470-E7 Owner 2: LEIBECK, HAZEL M Census: 0456. 018 Site Address: 81400 AVENUE 52 Zoning: A101 Site City/State: INDIO CA 92201 Tract: - Mail Address: 81400 AVENUE 52 Lot/Block: Mail City/State: INDIO CA 92201 Flood Panel: Legal Description: 19.02 ACRES M/L IN POR SW 1/4 OF SEC 3 T6S R7E FOR Property Characteristics Use Description: AGRICULTURAL - LIVESTOCK Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SgFt: Num Units: 1 Heat/Cool: Gar Type: Lot Size: 19. 02 A Fireplace: Car SgFt: Gas: NO Half Bath: Gar Type2: Sewer: NO 3/4 Bath: Out Imp: Electric: NO StSurf: Water: NO Sale/Loan Information Last Trans W/O $: 04/21/1997 Last Trans W/O $ Doc#: 134073 Sale Date: 03/01/1986 Doc Number: 51404 Buyer: STEPHENS, PAUL TR Sale Amount: Cost per SgFt: Seller: 1st Trust Deed: Loan Type: Lender: +Addl: Prev Date: Title: Prev Amout: Assessment/Tax Information Assessed Value: $105, 696 Tax Amount: $1, 113.38 Land Value: $31, 847 Status: DEFAULT 2002 Improvement: $73, 849 Tax Rate Area: 007093 % Improvement: 69% Exempt: Tax Year: 2004-2005 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile Report i zi [ f � !b �. r O ` ` M J za IEO ~ V IE m u z o APR 2 5 2005 '' CC;, f °' hti CD G � sv rn •r•�+.• /r�(D � .� r• w ' •"4 4 -4l r i !ll N Planning Case Information for AC' - I S 5 5 Page 1 of I Planning Case Information for AGO0855 Case number AGO0855 %h°/v —IL4 4- Zvv- co 7- Case status Void Description Ag Preserve Notice Of Non -renewal Applied date 06/18/2001 Decision date 06/18/2001 Effective date — - Expiration date --- Case type AGM Case subtype AGM4 General location S Of 52 Nd Ave E Of Madison Minimum lot size Applicant Nri-lglp Land Llc Addressl 375 N Front St Ste 200 Address2 Columbus Oh Address3 C/o Nationwide Realty Inv Zipcode 43215 Phone number Effective: 2/08/2005 16:18 Run time: 37 seconds Please direct all comments, questions and suggestions concerning the TLMA Web Site to: 4Yeb=ater Planning Case Information for AGn0036 Page 1 of 1 Planning Case Information for AGNu0036 Case number AGN00036-"'�— Case status Approved Description Ag Preserve Notice Of Non -renewal Applied date 06/18/2001 Decision date 09/23/2003 Effective date 09/23/2003 Expiration date --- Case type AGN Case subtype AGN2 General location S Of 52nd Ave E Of Madison St Minimum lot size Applicant Nd-lglp Land Llc Address1 375 N Front St Ste 200 Address2 Columbus Oh Address3 C/o Nationwide Realty Inv Zipcode 43215 Phone number Effective: 2/08/2005 16:35 Run time: 35 seconds Please direct all comments, questions and suggestions concerning the TLMA Web Site to: Vyc-bmaste: Planning Case Information for AG"-IT 037 Page 1 of 1 Planning Case Information for AGN00037 Case number AGN00037 2 - Zvv 003 ^� Case status Approved Description Ag Preserve Notice Of Non -renewal Applied date 06/18/2001 Decision date 09/23/2003 Effective date 09/23/2003 Expiration date --- Case type AGN Case subtype AGN2 General location S Of 52nd Ave E Of Madison Minimum lot size Applicant Nd-lglp Land Llc Address1 375 N Front St Ste 200' Address2 Columbus Oh Address3 Zipcode 43215 Phone number Effective: 2/08/2005 16:36 Run time: 39 seconds Please direct all comments, questions and suggestions concerning the TLMA Web Site to: 'Al brnastgr vi x N0 N 3�03�c �mvi pox rm0 {0c v =mm nr)m >Cv U) Ma0 x� Fm ;o v H?! 0 m p � Z n m . 0NZ O mMr- <Ca a Z r o4 Description: Riverside, CA Assessor Map 767.6 Page: 1 Order: map Comment: 1 Parcel: 767-060-019 Site: 51700 MADISON ST*INDIO CA 92201 Owner: HAAGEN,ALEXANDER III Mail:23456 HAWTHORNE BLVD 120*TORRANCE CA 90505 Use: AGRICULTURAL - LIVESTOCK Ph: Xmpt: Sale: $490, GOOF Date: 06/01/1989+ Ln: Doc: 188483 Yb: Sgft: Asd: $302, 143 Imp:5$ Zn: A10 Tr: - Lot: - Lotsz: 9.41 A Bd/Bth: Rms: 2 Parcel: 767-060-024 Site: *INDIO CA 92201 Owner: HAAGEN,ALEXANDER III Mail:23456 HAWTHORNE BLVD 120*TORRANCE CA 90505 USG: AGRICULTURAL - LIVESTOCK Ph: Xmpt: Sale: $490, 000 Date: 06/01/1989+ Ln: Doc: 188483 Yb: Sgft: Asd: $337, 662 Imp: 2% Zn: A10 Tr: 00000 - 00 Lot: P- 0002 Lotsz: 8.42 A Bd/Bth: Rms: 3 Parcel: 767-060-026 Site: *INDIO CA 92201 *M* Owner: VAIL, TIMOTHY B & JANE R Mail: PO BOX 1626*LA QUINTA CA 92253 Use: AGRICULTURAL - LIVESTOCK Ph: Xmpt: Sale: $650, 000 Date: 02/03/2000 Ln: Doc: 41857 Yb: Sgft: Asd: $355, 821 Imp: 38% Zn: A10 Tr: 00000 - 00 Lot: P-0001 Lotsz: 9.11 A Bd/Bth: Rms: 4 Parcel: 767-060-028 Site: 81200 AVENUE 52*INDIO CA 92201 *M* Owner: VAIL, TIMOTHY B & JANE R Majl: PO BOX 1626*LA QUINTA CA 92253 USG: AGRICULTURAL - LIVESTOCK Ph: Xmpt: Sale: $650, GOOF Date: 02/03/2000+ Ln: $350, 000 Doc: 41857 Yb: Sgft: Asd: $333, 959 Imp: 1% Zn: A10 Tr: - Lot: - Lotsz: 19.02 A Bd/Bth: Rms: 5 Parcel: 767-060-029 Site: 81400 AVENUE 52*INDIO CA 92201 Owner: STEPHENS, PAUL TR Mail: 81400 AVENUE 52*INDIO CA 92201 USG: AGRICULTURAL - LIVESTOCK Ph: Xmpt: Sale: Date: 03/01/1986 Ln: Doc: 51404 Yb: Sgft: Asd: $105, 696 Imp: 69% Zn: A10 Tr: - Lot: - Lotsz: 19.02 A Bd/Bth: Rms: Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 5 Line