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HomeMy WebLinkAbout18962 - RESOLUTIONS - 1/22/1997 RESOLUTION NO. 18962 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA., DECLARING A PARCEL OF CITY OWNEL` ' PROPERTY TO BE SURPLUS AND HELD FOR ]EXCHANGE AND APPROVAL,OF EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR PROPERTY LOCATED IN SECTION 27. WHEREAS, the City Council of the City of Palm Springs is the owner of 440 acres of land in Section 27; and WHEREAS, 14.70 acres of said land is ;adjoining privately owne4l land on the east, west and south boundaries; and WHEREAS, the 14.70 acre parcel of land has access over Camino Del Monte ]Drive, a public road; and WHEREAS, a parcel of land containing 33.22 acres adjoin the 14.70 acres on the west and south boundary of the said 14.70 acre; and WHEREAS, there has been no access for ingress and egress found in the County records for the 33.22 acre parcel of land; and WHEREAS, the owner of the 33.22 acre parcel of land has offered to exchange the west 600 feet of his property which contains approximately 15 acres, for the City owned parcel containing 14.70 acres; and WHEREAS, the property owner could combine the 14.70 acre parcel of land with property he ovens to the south and the City could combine the 15 acre more or less parcel of land with its property lying to the west; and WHEREAS, an MAT appraiser appraised the land mid determined that for the purpose of this exchange the fair market value for the 14.70 acres is $219,459 and the value of the 15 acre parcel of land is $150,409; and WHEREAS, the property owner has executed an Exchange Agreement and. Joint Escrow Instructions proposing to exchange the 14.70 acre parcel of land owned by the City for 15 acres of the property owner's land together with a 40 foot right-of-way going from the. 15 acre parcel of land across the 14.70 acre parcel of land to Camino Del Monte Drive, plus the sum of $69,047 (the equity difference); and WHEREAS, the property owner has delivered the Exchange Agreement and Joint Escrow Instructions and a $5,000 deposit in the form a check payable to First American Title Insurance Company, to the City and are on file in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs, ' California as follows: Section 1. That the 14.70 acre parcel of laid owned by the. City and more particularly described in Exhibit "A" attached hereto and made a part hereof is no longer necessary for the City's use now or in the future and, it is for the common benefit P0%� 6 R18962 Page 2 Resolution No. 18962 Page 2 ' and in the best interest of the City to declare said 14.70 acre parcel of land surplus land. Section 2. Pursuant to Section 54221 (b) of the part Government Code the 14.70 acres of City owned property shall be exchanged for 15 acres of privately owned property more particularly described in Exhibit "E" attached hereto and made a part hereof together with an easement more particularly described in Exhibit "C" attached hereto and made a part hereof for ingress and egress to Camino Del Monte Drive, a. public road. The City Council finds that disposal of the surplus property through the exchange is the most beneficial use of the property, and the surplus property will have maximum value in this fashion in that: due to topography and owner limitations, that property only has value in conjunction with the adjacent property; through the exchange the City will acquire a large parcel of hillside property which, when combined with the City's other holdings, will have unique open space sceiuc, habitat and environmental values; and the configuration of these parcels will minimize the development limitations to the City's remaining property. Section 3. The City Council hereby approves the exchange of parcels provided as part of the escrow the property owner shall pay to City $69,047 (the equity difference) as provided in the terms set out in the Exchange Agreement zaid Joint Escrow ' Instructions on file in the City Clerk's office. Section 4. That the Mayor and City Clerk is authorized to sign a deed for the 14.70 acres and City Manager and City Clerk are hereby authorized to sign all other documents in a form approved by the City Attorney, on behalf of the City of Palm Springs necessary to consummate the exchange of the subject properties. Section 5. That the City Clerk is hereby authorized to accept the deed for the 15 acre parcel of land and arrange for it to be recorded in the County Recorder's office on behalf of the City of Palm Springs. ADOPTED this 22nd day of January _ 1997. AYES: Members Barnes, Oden,-Spurgin, Mayor Kleindienst NOES: None None AMRMember Hodges ATTEST: TFi OF PALMS S, CALIFORNIA By `�� -"- < City Clerk City Manager REVIEWED&APPROVED: �i� R-95-010 R.L8962 Page 3 ]EXHIBIT "A" Pile No. R-95-010 Parcel "A" &. "B" and Plat Containing 14.70 Ac.m/1 14 ACRE MORS OR LESS: A2N. No. 513-055-007 All that portion of the East, one half of Section 27, Township 4 Sough, Range 4 East, San Bernardino Base and Meridian, described as follows; Beginning at the most Southwesterly corner of Lot 70 of Palm Canyon Mesa Tract unit No. 2 as recorded in Map Book :1.6, pages 41 and 42, Records of Riverside County California; Thence Westerly and parallel to the ease/west center section line of said Section 27, to a point that is 760.00 feet Easterly of the West line of the East one half of said Section 27; Thende Southerly and parallel with the Easterly line of said Section 27 to the North line of the Southeast one quarter of said Section 27 and the most Northeast co?:-ner of that certain parcel conveyed to Wessway Inc. , by Instrument No. 230466, recorded June 21, 1996, Official Records of Riverside County, California; The following two courses being along the Easterly and Northerly lines of said Wessway Inc. parcel, thence continuing Southerly and parallel with the Easterly line of said Section 27 to an angle point in said Wessway Inc. boundary line; Thence Easterly and Pairallel to said east/west center section line ' to the Northwesterly line of that certain parcel conveyed[ to Walter R. Illick and Margaret: E. Illick by deed recorded April 5, 1941 in. Book 496, Page 428 of. Official Records of Riverside County; Thence Northeasterly along the Northwesterly :Line of said Illick parcel to the northwesterly corner thereof; Thence leaving said I:Llick parcel in a Northeasterly direction to the Southwest corner of Lot 66 of said Palm Canyon Mesa Tract Unit No. 2; Thence along the Westerly line of said Palm Canyon Mesa Tract No. 2, to the point of beginning. Excepting therefrom that portion conveyed to Palm Springs Water Company, for reservoir site, by deed recorded December 5, 1944 in Back 655, Page 178 of Official Records of Riverside County Records. Prepared By S gRN A/ , INC. o, San orn, P.L.S. 4145, December 23 , 1996 W.o.96-178 ' ago .��, .HIBI T 11 A 11 1118962 Id Page 4 EXHIBrr "A" Pile No. R-95-010 Parcel "A" & "B" and Plat Containing 14.70 Ac.m/1 PARCEL 9: ' 0.42 ACRE SITE: APM No. 513-044-003 All that portion cf the Southeast one quarter of Section 27, Township 4 South, Range 4 East, San Bernardino Base and Meridian, described as follows; Beginning at the most Westerly corner of Lot 65 of Palm Canyon Mesa Tract Unit No.2 as recorded in Map Book 16, pages 41 and 42 ; Records of Riverside County; Thence South 530- 1.5 ' East along the Southerly line of said Lot 66 a distance of 145.50 feet to the Southeast corner of said Lot 66 and the westerly line of Camino Del Monte as shown on said map of Palm Canyon Mesa Tract Unit No. 2; Thence Southerly on said Westerly line of Camino Del Monte to the Northeast corner of that certain parcel conveyed to Walter R. Illick and Margaret Illick by deed recorded April 5, 1941 in Book 496 at Page 428 of Official Records of Riverside County; Thence Westerly along the Northerly line of said Illick parcel to the Northwest corner of said parcel; ' Thence leaving said Illick parcel in a Northeasterly to the Southwest corner of Lot 66 of said Palm Canyon Mesa Trace Unit No. 2 and the point of beginning. Prepared By c- J.L.^,^tk=s:1 SANBORN A/E, INC. NO. LS414S 30 antL. anborn, P.L.S. 4146 / December 16,1996 W.0.96-178 Rl80b2 t-- Page 5 Ime W S.W,114 aT q,.71 t r yl in p O I' n C Cr I r.A Ir q R ti$ 2 \\\\ I !f rSA n t3 - e Plat of EXHMIT "A" ? PARCEL A & PARCEL B - :File No. R-95-010 r^ y I U I � �0 %J %0 ? yw I I u , ^fn 4.A 1.iI.i�._-+. •1 S 1_ I S On. 03 a^^p'W /3PS.P� P41,,I' C41'YOA O%yTA.. tl� C71 EXHIBIT "A." R18962 Page 6 EXHIBIT "B" File No. R-95-010 Legal Description & Plat of Land Containing Approx. 15 Ac.m/1 ' That certain real property located in the City of Palm Springs, County of Riverside, State of California as more particularly described as follows : The Westerly 600 .06 feet of the following described parcel; THAT PORTION OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT(S) 25 OF PALM CANYON ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 18 PAGE( S) 54, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ON THE NORTHERLY LINE OF SAID LOT 25, 125 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE NORTH 7200 ' WEST, 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 7200 ' EAST, 150 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 25 ; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID PALM CANYON ESTATES TO THE SOUTHWESTERLY CORNER OF LOT 23 OF SAID TRACT; THENCE SOUTH 00°3 - WEST, 200 FEET TO THE SOUTHWESTERLY CORNER OF A PARCEL OF LAND CONVEYED TO W.G. THROOP, BY DEED RECORDED OCTOBER 26, 1945, IN BOOK 701, PAGE 505, OFFICIAL RECORDS, ' THENCE WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION 27 TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF SAID SOUTHWEST QUARTER TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE, EASTERLY ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 760 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 550 FEET; THENCE EASTERLY 650 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. R18962 I m " C� Page 7 I-I 1. -1 s .,(, I1n Ii�°°19 W.114 of Scc.V m?o fp �y frl rp bl r Q n vJ 7�;�r'��77�{y7. 7� k' Plait of i.MAll I "B Approx. 15 Ac. m/1 a I" File No. R-&95-010 0 I I ro I� I Q) is rs I m "Gl A p G�•-� >>��_\ y5� 1]4 r ,44 �9a \"`� J"� ' !A 14 1(7!1 � I'I P nna _ � r��` 5 �•f _� � atr�w' '0�i1 �AI�� IMf SA \� � 1 7 't 2 7 I '0 I W fr, l LC1 I w ro 1 . . rnea _-.... "� _ . P4LI CAn7Orl� PN;I'I 3 JO° oJ'TV• / rc R18962 Page 8 eo I� EXHIBIT "C" File No. R-95-010 Legal Description & Plat of Easement LEGAL DESCRIPTION ROAD AND UTILITY EASEMENT An easement for road way and utilities over, across or under, 40. 00 feet in width the center line of whichh is described as follows; All that portion of the East one half of Section 27, Township 4 South, Range 4 East, San Bernardino Base and Meridian, described as follows; Commencing at the most Southerly corner of Lot 66 and on the Northwesterly right-of-way line of Camino Del Monte (Lot C) of Palm Canyon Mesa Tract unit No. 2 as recorded in Map Book 16, pages 41 and 42 , Records of Riverside County California; The following two courses being along said Northwesterly right-of- way; Thence South 360-45 '-00" West a distance of 3 . 10 feet to the beginning of a tangent curve concave easterly and having a radius ' of 84 .49 feet; Thence Southwesterly along said curve through a central angle of 140-01' -32" and a length of 20. 68 feet to THE TRUE POINT OF BEGINNING; Thence South 880-10 ' -00" West a distance of 217. 09 feet to the beginning of a tangent curve concave Northerly and having a radius of 100. 00 feet; Thence Northwesterly along said curve through a central angle of 260-30 '-00" and a length of 46. 25 feet; Thence tangent North 650-20 '-00" West a distance of 140 .73 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 100. 00 feet; Thence northwesterly along said curve through a central angle of 430-20 ' -00" and a length of 75. 63 feet; Thence North 220-00 ' -00" West a distance of 97. 05 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 200. 00 feet; Thence Northwesterly along said curve through a central angle of t550-30 '-00" and a length of 193 . 73 feet; EXHIBIT '°c " R7.8962 Page 9 EXI-IIIIIT "C" File No. R-95-010 Legal Description & Plat ai Easement Page 2 , Road Easement Thence tangent North 770-•30 '-0011 west a distance of 276. 21 feet to the beginning of a tangent cu._ve concave Southeasterly and having a radius of 80. 00 feet:; Thence Southwesterly along said curve through a central. angle of 92 301-0011 and a length of 129 . 15 feet; Thence tangent South 1.0 001 -0014 West a distance of 24 . 59 feet to the beginning of a tangent curve concave Easterly and having a radius of 65. 00 feet; Thence Southerly along said curve through a central angle of 550-GO '-0011 and a length of 62 .40 feet; 'Thence tangent South 450-001 -0011 East a distance of 33 . 28 feet to the beginning of a tangent curve concave Northeasterly and having a .radius, of 65 . 00 feet.; Thence Southeasterly along said curve through a central. -angle of 380-•001-0011 and a length of 43 . 11 feet; Thence tangent South 830-001 -0011 East, a distance of 75 . 81 feet to , the beginning of a tangent curve concave Southwesterly and having a :radius of 70. 00 feet.; Thence Southeasterly along said curve through a central. angle of 170-001-0011 and a length of 20.77 feet; Thence tangent South 660-001 -0001 East a distance of 62 . 04 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 60 . 00 feet.; Thence Southerly along, said curve through a central ang:Le of 980 -001-0011 and a length of 102 . 63 feet; Thence tangent South 320-001-0011 West a distance of 120 .48 feet to the beginning of a tangent curve concave Northwesterly and having a .radius of 60. 00 feet'.; Thence Southwesterly along said curve through a central. angle of 480-001 -0011 and a length of. 50 . 27 feet; Thence tangent South 800-001--0011 West a distance of 80 . 42 feet to the beginning of a tangent curve concave Southeasterly and having a :radius of 50. 00 feet.; 1 R18962 I Page 10 EXHIBIT "C" File No. R-95-010 Legal Description & Plat of Easement Page 3 ' Road Easement Thence Southwesterly along said curve through a central angle of 840-06 ' -26" and a length of 73 .40 feet; Thence North 790-00 '-00" West a distance of 177 .72 feet to a point that is 600. 00 feet easterly of the West line of said East one half of Section 27 . ' Prepared By SANBG A/E, NC. r Jo n L. Sanborn, P.L.S. 4146 License Expires 6/30/2000 January 7, 1997 W.0. 96-178 F:\DATA\96DATA\JOBS\LEGALS\96-178LG.EAS 1 EXHIBIT 11,c11 R1.8962 Page 10 F n o p - e '1 N t" X it it �,t�ni mt7nm7 .` 1Ca ' II II II II II I! II II II p '� .0 I z `-I tN- �H bh> i e��>✓ �' - 1 1 Ij p J 41 w 1 { Z C G N D b O Z t4 Il o 11 n n n n 11 n u it ° LT QBSgbe Sf3 ! H A 0 R�., 1 b� N �dw' C � u� `dw °° F pL 9 �� � .� -10 .a }v p14 �'. of It f' '4� sl `' , �gA it '' I i, n 1 1 a 1 k \ I Pat of EXHIBIT "C" --.. JJIY File Na. R-95`010 o m; Plat of Easement 40 ft in width for ingress & egret w nt I �'i; CIS •�. I nj,u V 4y0 4} k I n y •• Or d t� I 4� l0 z' EXH vyBIr [J — — `�• + nn• ae'.x a"w lesa,aa ---------- PAIR CANYOW ORIVA, a� I1//Cyl�