HomeMy WebLinkAboutCC RES 79-022., ' •
RESOLUTION N0. 79-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ACCEPTING THE OFFER OF
A PARK SITE OF APPROXIMATELY SIX (6) ACRES FROM
LEWIS HOMES OF CALIFORNIA, DETERMINING THAT SAID
DEDICATION MEETS THE TOTAL YUBLIC FACILITIES
REQUIREMENT FOR TRACTS 12181-1, 12181-2, 14003 AND
14004 AND AUTHORIZE THE MAYOR TO ENTER INTO ESCROW
ON THE OFFER AND EXECUTE THE NECESSARY AGREEMENTS
WHEREAS, the Chapter 26.48 of the Palm Desert Municipal Code
requires that a minimum of five percent of the land within any subdivi-
sion be given to the City as a dedication or as a fee for public facil-
ities purposes; and
WHEREAS, on large projects, which are developed incrementally
as many subdivisions, the dedication of small individual portions of
each subdivision would not provide the City with any usable property
to meet the public facilities needs of the project or the community;
and
WHEREAS, the Council believes that an early agreenent by
the City and developers of large projects to dedicate property of suf-
ficient 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 Municipal Code would be a more logical and reasonable procedure;
and � '
WHEREAS, Lewis Homes of California is developing such a
project around the proposed Civic Center; and
WHEREAS, the City's Master Plan of Parks and Recreation
designates an approximate six acre site within the Lewis holdings
which would more than satisfy the requirements of Chapter 26.48 of
the Municipal Code; and
WHEREAS, said site, being 6.0 acres more or less, located
easterly of and adjacent to San Pablo Avenue, northerly of 44th Avenue
has been determined by the City Council as the appropriate dedication
to fulfill the total requirement of Tracts 12181-1, 12181-2, 14003
and 14004; and
WHEREAS, said determination is based upon five percent of
the developable acres within these Tracts, which is determined to
be 98.5 acres; and
WHEREAS, Lewis Homes of California, by a letter dated
February 13, 1979, attached hereto as Exhibit "A", does make the
above described offer to the City Council subject to conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Paln Desert, California, as follows:
1. That the above recitations are true, correct, and
constitute the findings of the Council in this matter.
2. The public facilities needs of the Subdivisions pro-
posed by Lewis HOmes of California would be best met
by the acceptance of an individual park site at the
_ proposed location.
3. The Mayor is hereby authorized to enter into escrow
and to execute any necessary agreements to complete
this acquisition, subject to review and approval by
the City Attorney.
4. The City Clerk is hereby directed to provide all
necessary documentation to the escrow company and
sufficiently indicate the fulfillment of the City's
obligations under the conditions of the offer.
-1-
RESOLUTION N0. 79-22
• '• , ,
�
5. There is hereby appropriated the sum of $250
from the Unobligated Fund Balance of the New
Construction Tax Fund to "Closing Costs-Dedi-
cated Properties" (Account No. 31-4990-906) to
provide for the necessary fees to complete
escrow on this offer.
PASSED, APPROVED, and ADOPTED at a regular meeting of the
Palm Desert City Council held on this 8th day of March, 1979, by
the following vote, to wit:
AYES: Brush, Newbrander, Wilson & Mullins
NOES: None
ABSENT: McPherson
ABSTAIN: None
ATTEST:
�
, -%�' ' \
SHEILA R. � IGAN, CIT CLERK
CITY OF PALM DESERT, IFORNIA
-2-
• .�
0
RESOLUTION N0. 79-22
EXHIBIT "A"
�
���ris �oM�s
1156 N. MOUNTAIN AVENUE
P.O. BOX 670
UPLANO, CALIFORNIA 91786
(714► 985-0971
BUILDERS OF FINE RESIDENTIAL DEVELOPMENTS
February 13, 1979
The Honorable City Council
City of Pa1m Desert
Palm Desert, CA 92260
Dear Members of the Council:
In accordance with the Subdivision Provisions oi the Municipal Code and
the Parks and Recreation Element of the Palm Desert General Plan, Lewis
Homes of California �rishes to offer a six-acre site within its property,
located generally at the northeast corner of the intersection of 44th
Avenue and San Pablo Avenue, known as Lot 141, Tentative Tract No. 14003,
subject to the conditions listed below.
This offer is conditioned upon the following:
1. Dedication of this site meets the full requirements of Article
26.48 of the City of Palm Desert Suhdivision Ordinance for
dedication of land for parks purposes for Tracts 12181-1,
12181-2, 14003, and 14004.
2. Said property shall be uaproved by the City for parks purposes
i useahle to the residents of said subdivisions within five years
of the acceptance oF said offer or the property shall
� automatically revert to Lewis Homes of California.
3. Dedication of this site will fully satisfy present and future
requirements, and no further requirements including site
improvements, maintenance or other fees will be imposed.
Sincerely yours,
LE6JIS HOr1F.S OF CALIFORNIA
/
�
\� -� (. J 1
By : �— (' �._, ; l �?` �i ! / �/,C l.'f � �c c � t;�
Authqr�zed Agent
CSD:bs:G/L:21379
---,.
��