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CC Resolution 1993-081^"E RESOLUTION 93-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, EXTENDING THE TIME PERIOD FOR PAYMENT OF THE CANCELLATION FEE ASSOCIATED WITH TENTATIVE CANCELLATION OF AGRICULTURAL PRESERVE #74 WHEREAS, a Land Conservation Contract was entered into with the County of Riverside pursuant to the California Land Conservation Act of 1965 Government Code Section 51200 et seq.* for the property as shown on Exhibit A" attached hereto, which contract is dated June29, 1976, and was recorded September 2, 1976, as Instrument No.132450 in the Office of the County Recorder of Riverside County, California; and, WHEREAS, upon annexation by the City of La Quinta effective January 30, 1991, Coachella Valley Agricultural Preserve #74, Map No.382 was divided by the adopted City limits, whereby a 160 acre portion of said agricultural preserve is located within the incorporated boundary of the City of La Quinta; and, WHEREAS, on December 3, 1991, the La Quinta City Council adopted Resolution 91-107, approving a request by Landmark Land Company of California to cancel the Land Conservation Contract for said portion of said Agricultural Preserve, pursuant to California Government Code Section 51280 et. seq.; and, WHEREAS, in accordance with the California Environmental Quality Act, a draft and Final EIR was prepared on the overall Specific Plan 90-017 project and its related applications, and was certified by the La Quinta City Council. Cumulative impacts, including the loss of agricultural land, were recogniz*d in the City Council's adoption of the EIR for Specific Plan 90-017, of which said 160 acre portion of Agricultural Preserve #74 is a part, and in the Council's adoption of a Statement of Overriding Considerations; and, WHEREAS, Resolution 91-107 and California Government Code Section 51283 allow for an extension of time for payment of the cancellation fee as set forth in said Resolution; and in the referenced code section; and, WHEREAS, the Applicant, Landmark Land Company of California, has requested an extension of the time period in which the cancellation fee is to be paid; and, WHEREAS, Landmark Land Company assets were seized by the Resolution Trust Corporation, thereby freezing said assets, of which the subject property is a part; and, WHEREAS, the amount of the cancellation fee has been recalculated, as required by Resolution 91-107, with said recalculated fee in the amount of $731,736; and, RESOCC.005 1 BIB] 08-17-1998-U01 03:25:17PM-U01 ADMIN-U01 CCRES-U02 93-U02 81-U02 ^"E I I *Ll* WHEREAS, the La Quinta City Council has determined that, due to the fact that the subject property is currently under terms of a sale agreement as a result of a recent land auction held after the aforementioned fee recalculation, It is appropriate to allow for a lateF recalculation of the cancellation fee prior to a final Certificate of Cancellation being issued for the subject property; and, WHEREAS, the City Council of the City of La Quinta has made the following findings to justify the request for extension of time for cancellation fee payment: 1. That the landowner, Landmark Land Company, has been prevented from complying with the Conditions of Approval for Tentative Cancellation of Agricultural Preserve #74 due to the Federal seizure of Landmark Land assets, including the subject real property. 2. That the Federal seizure of said real property constitutes an involuntary transfer of the property, rendering it unavailable for immediate use in producing a greater economic return to the landowner. 3. That the City Council finds that it is in its best interests to conserve agricultural land, and in consideration of consistency with the La Quinta General Plan, such that the fee payment shaU be deferred. BE IT RESOLVED, FOUND, AND DETERMINED by the City Council of the C*ty of La Quinta, County of Riverside, State of California, in regular session assembled on October 19, 1993, that: 1. The time in which to pay the cancellation fee associated with Agricultural Preserve #74 is hereby extended to coincide with the expiration date of the land conservation contract, as established by the filing of a notice of non- renewal for the subject preserve on June 12, 1986. 2. The City Council has determined that the extension request is consistent with Chapter 7, Part 1, Division 1 of Title 5 of the California Government Code, and further that the City Council has complied with the requirements of California Government Code 51280 et. seq. in approving the extension of time. 3. That for the cancellation to become effective prior to expiration of the land conservation contract per the notice of non- *newal, the landowner shall make payment to the Treasurer of Riverside County the total cancellation fee, to be determined prior to any request by the landowner for final cancellation of the contract. If the landowner, for whatever reason, is unable to obtain a revised cancellation fee, that the landowner shall pay the previously recalculated fee amount of $731,736 prior to receipt of a final Certificate of Cancellation. BE IT FURTHER RESOLVED, that upon payment of the said recalculation fee, the land conservation contract for Agricultural Preserve #74 shall be canceled in accordance with Resolution 91-107 and the applicable provisions of California Government Code Section 51200 et. seq. RESOCC 005 2 BIB] 08-17-1998-U01 03:25:17PM-U01 ADMIN-U01 CCRES-U02 93-U02 81-U02 ^"E I II Resolution No. 93-81 APPROVED AND ADOPTED by the La quinta City Council at a regular meeting held this 19th day of October, 1993, by the fouowing vote: AYES: Council Members Banqerter, Perkins, Sniff, Mayor Pena NOES: None ABSENT: Council Member McCartney ABSTAIN: None City of La Quinta, California ATTEST: *AUNDRA L. JUHOLA; City Clerk City of La Quinta, California APPROVED AS TO FORM A)AIJJA**(?* d I * DAWN HONEYWELL, City Attorney City of La Quinta, California RESOCC 005 3 BIB] 08-17-1998-U01 03:25:17PM-U01 ADMIN-U01 CCRES-U02 93-U02 81-U02 ^"Ei-I' AWORT BLVD $Ct* * 11L- S, p'.. I I, 0 0' 0' 0* 0' I a * P*eserve *. 74. Map 352 I I * Ak. * * qQ4J-* 58ii. AVE EXHIBIT A" COACHELLA VALLEY AGRICULTURAL PRESERVE NO.74 CANCELLATION OF LAND CONSERVATION CONTRACT A * I'% A LI*. I A L I*L J A I A LIr% * A* A BIB] 08-17-1998-U01 03:25:17PM-U01 ADMIN-U01 CCRES-U02 93-U02 81-U02