HomeMy WebLinkAboutCC RES 78-092RESOLLTTIO� N0. 78-92
A R�SOLUTION OF TIIF CITY COUNCIL OF THE CITY OF
PALn1 DESERT, C�LIFORNIA, ACCEPTING THE OFFER OF
A PARh SITE OF APPRO�In1ATELY 15 ACRES FRO?�7 THE
SILVLR SPUR ASSOCIaTES, D�TERhiINING T�iAT THL' SAID
DEDICATION :�iEL;TS TIIE TOTAL PUBLIC FACILITIES
RLQL'IREnSENT FOR TFIE PROJECT KNOjYN AS IRO:�tiC00D,
F'URSUANT TO CFIAPTFR 26.48 OF TIiE b1UNICIPnL CODE
AND AUTHORIZE TFiE ?�iAYOR TO ENTER INTO ESCRO�ti ON
TIiE OFFER AND EX�CliT� THE RELATED �GREEII�NT.
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AMENDED r
BY RESOLUTION #.__.l.`.�._.�f .
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DI;TE^: .._-•-'.--� �•�-�-1---�� �-•-�-�----
�1'HEREAS, the Chapter 26.�� of the Palm Desert 1lunicipal
C�de requires that a mini.mum of fi.ve percent of the land «-ithin
any suk�division be gi.ven to the City as a dedication or as a
fee i'or public facilities purposes; and,
j1'H�REAS, on large projects, which are self-contained ��nd
de��eloped incren�entally as many subdivisions, the dedication of
small indi��idual portions of each subdivision �vould not provide
the City «�ith any usable property to meet the public facilities
needs of the project or the community; and
,
j4'HEREAS, the Council believes that an early a�reer.�ent by
the City and developers of large projects to dedicate property
of sufficient size and location, in compliance with the City's
General Plan, to meet or exceed the required for the total project
under Chapter 26.48 of the lfuncipal Code �vould be a mor� logical
and reasonable procedure; and,
itiHEREAS, the Iron«�ood Country Club -Silver Spur Associates
De�-elopers, is such a project; and,
�I'HERrl�S, the City Council and Silver Spur Associa.tes have
reached an agreement as to a specif'ic site within the Iron�vood
holdin�s which �vould more than satisi'y the requirements of Chapter
26.48 of the nluncipal Code; and,
�V"HEREAS, said site, being 15.3 acres more or less located
easterly of and adjacent to the intersection of Cnia Drive and
Sky��•ard i��ay has been determined by the City Council as the
appropriate dedication to fulfill the total requirement of the
Iron��-ood project a.nd provide a two and three tenths acre credi�
n�hich ���ould be available and applicable to additional real propert5�
��,-hich may be subsequently acquired by Silver Spur Associates; and,
«'HEREAS, said determination is based upon five percent of
the remaining developable acres �vithin the Iron�vood Project as
��' 9u�Tust l, 1977 �vhich is determined to be 261.83 acres; and,
�'�HEREAS, Silver Spur Associates, by a].etter dated niarch
2:�, 1978, did make the above described offer which the City
Cotznci_1 did accept by a unanimous minute motion at its regularly
scl�ecluleci meeting of niarch 23, 1978; and,
j�HrREt�S, an agreement and escrow instructions, attached
her�Lo ancl labeled Exhibit A, «�a.s developed «�hich include a
number of commitments on the part oi' the City and Silver Spur
llssociates includin� the abo��e described commitment.
:VO�;' THER�FORE BE IT RESOLVED by the Cit`� Council o�' the
Cit.�� of Palm Desert, Calii'ornia, as folloti�•s:
1. That the a}�ove recitations are true, correct, and
constitute the findin�s of the C�uncil in this matter.
2. The public facilities needs of r.he Iron«-ood Countr��
Club w•�uld be l�est met bv the acceptance of an
it�di�•i.dual parl; sitE� at. the proposed location.
:s. The Aia��or is hF,rE�b�- authorized tc� elecute the zttached
a�rc�em�nt ancl escro��� instructions.
RESOLL'TIO� NO. 7�-�2 Pa�e ��o
4. The Cit�� Clerk is hcreby directed to provide all
necessary documentation t� the escro�c company and
sufficiently indicate the fulfillment of the CitS�'s
obligations under Para�raph 3 of the Agreement and
Escro�v Instructions.
5. The Director of Finance is hereby directed to provide �
the i'ees as specified in Secti.on 5 of the A�reement
and Escro«� Instructions to the escro�v company.
PaSSED, APPF�OtiED, and ADOPTED at a re�ular meetin� of
ttle Palm Desert City Council held on this 13ih day� of' JulS�, 1978
b�� the follo��•ing vote, to «�it :
9� �S : I3rush , licPherson ,�e�ti�bratider , 1'v i 1 son & A�Iul 1 i.ns
VOES : ilone
ABSE:�'T : N�ne
ABSTAI\ : None j �� -��
� - � .
:'I �l��J� � /;..�:�:1�
�£D ARD D. 4ULLINS, r,ia,yor
ATT�ST:
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'�I � ✓ , -,��-�./�-�ir. . ' ' - l^
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��iEILA R. GILLIGAN, City Clerk