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
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FAX NO. ('7Ap-7 -7_ 1
DATE: $ Z. Page 1 of
C011lrilents:
7
CA
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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
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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,
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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
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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 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
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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
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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
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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
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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
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451 4I
RIVERSIDE COUNTY
PLANNING COMMISSION
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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 �;``:•�•
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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
....................................................
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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
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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
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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
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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.
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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)
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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
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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
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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
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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
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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..
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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)
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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
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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
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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
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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