CC Resolution 1989-102^ : RESOLUTION NO. 89-102
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA CONSENTING TO AND
APPROVING THE ISSUANCE OF A CERTIFICATE
OF CANCELLATION OF A PORTION OF A LAND
CONSERVATION CONTRACT
Government Code, Section 51280,
*e.)
WHEREAS, Myrone E. Glass and Rose B. Glass, husband and
wife, entered into a Land Conservation Contract with the County
of Riverside pursuant to the California Land Conservation Act
of 1965 Government Code Section 51200 et seq.), which contract
is dated January 1, 1977, and was recorded February 28, 1977,
as Instrument No. 32801 in the Office of the County Recorder of
Riverside County, California; and
WHEREAS, upon the incorporation of the City of La Quinta
on May 1, 1982, the Coachella Valley Agricultural Preserve No.
72, Map No. 377 was divided by the adopted City limits, whereby
a 3.375 acre portion of said agricultural preserve is located
within the incorporated boundary of the City of La Quinta; and
WHEREAS, pursuant to Government Code Section 51235, the
City of La Quinta has acquired all rights and responsibilities
specified under the Land Conservation Act of 1965, including
the right to enlarge, diminish or disestablish an agricultural
preserve within its jurisdiction; and
WHEREAS, a petition has been filed by Landmark Land
company of California, Inc., a successor in interest of the
subject property, to cancel and diminish the Land Conservation
Contract for a portion of Agricultural Preserve No. 72, Map
377, located within the incorporated area of the City of La
Quinta pursuant to Government Code Section 51280 et seq. and a
public hearing having been held by the City on April 18, 1989;
and
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^ : WHEREAS, the City Council passed, approved and adopted
Resolution No. 89-45 Certificate of Tentative Cancellation of
a Portion of a Land Contract) on April 18, 1989; and
WHEREAS, in accordance with the California Environmental
Quality Act, Environmental Assessment No. 84-034 was prepared
on the overall Oak Tree West" project and related applications
and a negative declaration was adopted based upon the finding
that although the project could have potentially significant
environmental impacts, mitigation measures incorporated into
the design and conditions of approval will mitigate these
impacts to the extent feasible. Cumulative impacts, including
the loss of agricultural land, were recognized at the City
Council's adoption of the EIR for La Quinta Redevelopment
Project No. 1, of which this project is a part, and the
Council's adoption of a Statement of overriding Considerations;
and
WHEREAS, the landowner has proposed, if the cancellation
is approved, that the land be used for the following
alternative use: Specific Plan No. 85-006, Oak Tree West",
which is approved for golf course and residential development
on the site as part of the approximate overall 1020-acre
project having 2245 residential dwellings, 400 acres of golf
course development and 40 acres of resort, retail and office
commercial; and
WHEREAS, the amount of the cancellation fee, pursuant to
Section 51283 of the Government Code has been determined and
certified by this City Council to be $10,158.00; and
WHEREAS, the landowner has satisfied the condition to be
met pursuant to Resolution No. 89-45 by payment to the
Treasurer of Riverside County of the total amount of the
cancellation fee of $10,158.00;
BE IT RESOLVED, FOUND AND DETERMINED by the City Council
as follows:
1. The cancellation of the contract for that certain
3.375 acre portion of Coachella Valley Agricultural Preserve
No. 72, Map 377, located within the incorporated area of the
City of La Quinta, is hereby approved; and
2. The Certificate of Cancellation of a Portion of a
Land Conservation Contract, a copy of which is attached hereto
is approved.
BE IT FURTHER RESOLVED, FOUND, DETERMINED AND ORDERED that
the City Clerk shall file and record copies of this resolution,
map, and boundary description in the office of the County
Recorder of Riverside County and with the Director of
Conservation, State of California.
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^ : PASSED, APPROVED and ADOPTED at a regular meeting of the
La Quinta City Council, held on this 6th day of September, 1989
by the following vote, to wit:
AYES: Councilmembers Bohnenberger, Bosworth,
Rushworth, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None /\naI*
JOHN a or
City of I**Quinta, California
NDRA L. JUHOLA, ity Clerk
City of La Quinta, California
APPROVED AS TO FORM:
C. HONEYWELL, City Attorney
City of La Quinta, California
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^ : CERTIFICATE OF CANCELLATION OF A
PORTION OF A LAND CONSERVATION CONTRACT
Government Code, Section 51280, et seq.)
WHEREAS, Myrone E. Glass and Rose B. Glass, husband and
wife, entered into a Land Conservation Contract with the County
of Riverside pursuant to the California Land Conservation Act
of 1965 Government Code Section 51200 et seq.), which contract
is dated January 1, 1977, and was recorded February 28, 1977,
as Instrument No. 32801 in the Office of the County Recorder of
Riverside County, California; and
WHEREAS, upon the incorporation of the City of La Quinta
on May 1, 1982, the Coachella Valley Agricultural Preserve No.
72, Map No. 377 was divided by the adopted City limits, whereby
a 3.375 acre portion of said agricultural preserve is located
within the incorporated boundary of the City of La Quinta; and
WHEREAS, pursuant to Government Code Section 51235, the
City of La Quinta has acquired all rights and responsibilities
specified under the Land Conservation Act of 1965, including
the right to enlarge, diminish or disestablish an agricultural
preserve within its jurisdiction; and
WHEREAS, a petition has been filed by Landmark Land
Company of California, Inc., a successor in interest of the
subject property, to cancel and diminish the Land Conservation
Contract for a portion of Agricultural Preserve No. 72, Map
377, located within the incorporated area of the City of La
Quinta pursuant to Government Code Section 51280 et seq. and a
public hearing having been held by the City on April 18, 1989;
and
WHEREAS, the City Council passed, approved and adopted
Resolution No. 89-45 Certificate of Tentative Cancellation of
a Portion of a Land Contract) on April 18, 1989; and
WHEREAS, in accordance with the California Environmental
Quality Act, Environmental Assessment No. 84-034 was prepared
on the overall Oak Tree West" project and related applications
and a negative declaration was adopted based upon the finding
that although the project could have potentially significant
environmental impacts, mitigation measures incorporated into
the design and conditions of approval will mitigate these
impacts to the extent feasible. Cumulative impacts, including
the loss of agricultural land, were recognized at the City
Council1s adoption of the EIR for La Quinta Redevelopment
Project No. 1, of which this project is a part, and the
Council's adoption of a Statement of Overriding Considerations;
and
4-
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^ : WHEREAS, the landowner has proposed, if the cancellation
is approved, that the land be used for the following
alternative use: Specific Plan No. 85-006, Oak Tree West",
which is approved for golf course and residential development
on the site as part of the approximate overall 1020-acre
project having 2245 residential dwellings, 400 acres of golf
course development and 40 acres of resort, retail and office
commercial; and
WHEREAS, the amount of the cancellation fee, pursuant to
Section 51283 of the Government Code has been determined and
certified by this City Council to be $10,158.00; now, therefore,
BE IT RESOLVED, FOUND AND DETERMINED by the City Council
of the City of La Quinta, County of Riverside, State of
California, in regular session assembled on September 6, 1989,
that;
1. Landowner has complied with the condition to be
met as set forth in Resolution No. 89-45 by
payment to the Treasurer of Riverside County of
the total amount of the cancellation fee of
$10,158.00, the receipt for which is attached
hereto.
BE IT FURTHER RESOLVED, FOUND, DETERMINED AND ORDERED that
the City Clerk shall file and record copies of this resolution,
map, receipt and boundary description in the office of the
County Recorder of Riverside County and with the Director of
Conservation, State of California; that having completed all of
conditions, the landowner is now entitled to this final
certificate of cancellation which provide as follows:
1. The Coachella Valley Agricultural Preserve No.
72, Map 377, recorded February 28, 1977, as
Instrument No. 32801, in the Office of the
County Recorder of Riverside County California,
be amended by deleting therefrom the area
described by boundary description thereof,
attached hereto as Exhibit A".
2. The Land Conservation contract between Landmark
Land Company of California, Inc., successor in
interest to Myrone E. Glass and Rose B. Glass,
for the subject property, and the City of La
Quinta, successor in jurisdiction to the County
of Riverside for the incorporated property, said
contract dated January 1, 1977, and recorded
February 28, 1977, as Instrument No. 32801 in
the Office of the County Recorder of Riverside
County, California, will be cancelled as to a
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^ :portion of said contract the real property in the City of La
Quinta, County of Riverside, State of Califo ja, described in
attached Exhibit A", which is made a p t f is resolution.
City of L Qui ta, California
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, *ity Attorney
City of La Quinta, California
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^ : AG*ZCL'L**RAL *EsERv* LAND
*AK * WUST
1* **at portto* o* t*a Sout**ig-* q**r*er * t*e Sau***eat *uir'.*r
*t Sac*ton 9* T*wnu*i; 6 8ou:**: Ri*g* 7 *a8t *R1 * iig*
and Mar*diin9 * aa tallowa.'
Cauae*ciug at t*i *ou:*weet cerDer *t *aid Se*tien 9, thCDCt * CO
10,1 31* w along * W.a* lime ot *a*d ZaC*io* * a dia*a*ce of *0*OO
fGe* to a po**t on th* Nort* * *f way *in. ef AyC**e *4 a*d tba
TPIU* FOX*? CT IEGZNNZ)1G:
* continiat*g Na*t*er1* o* am*d We.: * N OO* 10" *`*1' *
4ii*anee of l2IO*a4 feet to t*e *orthw!it corfier o* * South*..*
quarter 0d* the *out*wet quarter of emid **et*ou 9;
Th*n*. H 9* 45,1 59,1 * * the North * Cf a.*d S**t**we.t
quRr*er * t*e Sout*w.g* quar*m:' a *iatan*. of *22.74 feet * the
Wee*eriy right of wg* **ne of Jet!er.on *tr*e:;
The*c. S O2'09" 10" * e1o*g acid WCat.rly rL'ght of way ime a
dietaa*e at 1281.27 feet to t*e Horthgr1* right of wey line o* aa*d
Avenue 54;
he*ce S *9A 58" *"g" w a1.*g laid Northerly r*ght of way line a
digte**e of *88.95 feet to thu point of b.ginn*ng.
Ux*.pti** t*erefroa the Iaaterly 30.00 feet.
Said pared ggUt1i*a 3.*75 Acres.
P!EPAIED UMDER * S*FN*VZ*zo* QF*
DAT*
w:;,:;3i.
*
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^ : *TTN*8oN ST*E*T F*ZG*T O* WAY
* *iIteri* * Te.* * t*e fOli:WLZI( *8uer*be* pareeL:
* *a: * o* the S*LIt*weu: quarter *f tbg Saut*we.t *`1arter
* Sea:1o* *, To*D1hi; 8 S.ut*; Range *, * S8* Dur*Ird**0 *
*nd *er*di.n, d8gar*b.* 88 fo1*owe**
ZO5*Cfl**flg at t*C 5e*th*e*t cor*.r *f maLd 8eqt*4*n 9, t*anc. * O*.
*o" * W ujeag t*e Wee: * *f UILa SCCtiQfl 9 1 **e*anau * 2O.*O
**eet *o a point *n t*e Nert* r*g*t of *ay 1*ne af AYe*Ue 54 una t*e
*I* OZNT *? BKG*NN!X*,*
T*ea*. *on*1*u*3g Northerly *n eai* Wuet. line N 00e * *`*1" W a
**Ut81Ce at 1*8O.O4 feet t* t*e Nort*weit corner ot t*C *a*t*W8.t
*uar*8r Qt *he SOUth*.it q*arter a* li*d CC***o* S',
* N 89* 45" *g" * a*oig the Nort* *in. of i**d SOUt*WUUt
*uartcr Cf the Se*th*e.t quarter a d*e*eno8 at 122.74 feet tC t*e
Weuterly r*ght of wa* 1**e of *CtfCVUOU 3t*e.t;
*hen*e S C2**9" *O" I aloag caid Wewte**y rig*it of wuy 1*ie s
d*eta.08 at 128**2? feet to the Nort*er1y r*ght at wey line of ei*d
Avenue 54;
T**noe S 89W 58" 29" w * laid *OFther*y right Gf way Line a
d*etaie. of l5U,*5 feet to the pwi*t ef begliaLug.
9aid *ar*ei *O1taLa8 O.8U2 Aorem.
UN*:R * SUPENVZUrCX V?:
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^ :STATE OF CALIFORNIA
COUNTY OF RIVERSIDE 55.
CITY OF LA QUINTA
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true
and correct copy of Resolution No. 89-102 adopted by the La City
Council on September 6, 1989.
*SAUNDRA L. JUHOL*ty Clerk
City of La Quinta, California
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