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HomeMy WebLinkAbout20420 - RESOLUTIONS - 7/17/2002 RESOLUTION NO. 20420 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVINGAN EXCHANGE AGREEMENT WITH THEI GALWAY TRUST OF CALABASAS,CALIFORNIA,',EXCHANGING68ACRES OF CITY-OWNED LAND FOR 68-ACRES OF TRUST- OWNED LAND, WITH RESTRICTIONS ON THE FUTURE DEVELOPMENT OF BOTH PARCELS WHEREAS, the Galway Trust is the owner of that certain unimproved real property located in the City of Palm Springs, County of Riverside, State of California, consisting of approximately sixty eight (68) acres which Real Property is more particularly described in attached Exhibit A ('Trust Property"); and WHEREAS, the City is the owner of that certain unimproved real property located in the City of Palm Springs, County of Riverside, State of California, consisting of approximately sixty eight (68) acres which Real Property is more particularly described in attached Exhibit B ("City Property"); and WHEREAS, the City Property consists of two parcels designated as Parcel 1 and Parcel 2 on Exhibit B. The deed which conveyed Parcel 1 to the City provides: "This ' gift deed is hereby granted to the City of Palm Springs subject to said property being retained for park or permanent open space purposes;" and, the deed which conveyed Parcel 2 to the City provides: "In the event of any type of construction or development, this deed shall be null and void and the estate hereby conveyed shall revert to and immediately revest in the grantor, her heirs and assigns;" and WHEREAS, in addition to the Trust Property, the Trust owns additional real property which is located adjacent to the City Property ("Adjacent Trust Property"), improved as a single family residence, and the Trust wishes to assure that the City Property shall always and in perpetuity remain in an undeveloped and natural state; and WHEREAS, notwithstanding the provisions of the deeds as hereinabove set forth and the intention of the City to maintain the City property in an undeveloped and natural :state, the Trust desires further assurances that the City Property will not be developed, and to that end is willing to convey the Trust Property to the City in exchange for the City Property in the fashion set forth hereinafter to assure that neither the Trust (Property nor the City Property shall be developed and that those properties shall remain as permanent open space; and WHEREAS, the City also wishes to ensure that both the City Property and the Trust (Property shall always and in perpetuity remain in an undeveloped and natural state; and WHEREAS, the Trust deems this exchange to be in the best interest of the Trust ' (because it assures that the City Property will, in perpetuity, remain in an undeveloped .and natural state, to the benefit of the Adjacent Trust Property. �� Resolution 20420 Page 2 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that: SECTION 1. The City, pursuant to its authority under Government Code Section 37350, to acquire and dispose of property for the common benefit, deems the exchange of property between the City of Palm Springs and the Galway Trust to be in the best interest of the City because it results in 68 additional acres within the City being held in an undeveloped and natural state for the long term benefit of the City and its residents without expense to the City. SECTION 2. In consideration of the mutual covenants and conditions contained therein, the Exchange Agreement between the Galway Trust of Calabasas, California, and the City of Palm Springs, in a form approved by the City Attorney, is hereby approved. SECTION 3. The City Manager or his designee is hereby authorized to execute all contracts, deeds, declarations, or other documents related to the Exchange Agreement. ADOPTED this 17th day of July , 2002. AYES: Members Hodges, Mills, Oden, Reller-Spurgin and Mayor %leindienst NOES: None ABSENT: None ATTEST: THE CITY OF PALM SPRINGS, CALIFORNIA y City Clerk City Manager d REVIEWED &APPROVED AS TO FORM 1 ao 6a'ov GALWAY OPEN SPACE ' EXHIBIT `A' LEGAL DESCRIPTION IN THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22, THENCE EAST A DISTANCE OF 1250 FEET;THENCE SOUTH A DISTANCE OF 1170 FEET; THENCE WEST A DISTANCE OF 2500 FEET; THENCE NORTH A DISTANCE OF 1170 FEET; THENCE EAST A DISTANCE OF 1250 FEET TO THE TRUE POINT OF BEGINNING. APPROXIMATELY 67 ACRES MORE OR LESS. � � I EXHIBIT "A" /NORTH QUARTER CORNER 16 13 / 12W Lw EAST 13114 2' GAL,✓AY 22 23 OPEN ISPACE 67 +{- ACRES n' Z%0' VEST GALVAY PROPERTY I I 22 I 22 � 23 CITY OF PALM SPRINGS 9Q PUBLIC WORKS & ENGINEERING -WAY " OPEN SPACE DEPARTMENT DESIGN BY: SCALE: FILE NO.: NTS SECTION 22, T.3.S, R.3.E, S.9.8:M. CHECKED BY: W.O. IF SHEET NO.: 1 OF 1 6*0 CITY OPEN SPACE EXHIBIT "B" , LEGAL DESCRIPTION IN THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS THE ' SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, AND THE PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNAR!DINO MERIDIAN LYING WESTERLY OF THE PALM CANYON MESA TRACT AS SHOWN IN MAP BOOK 12, PAGES 52 THROUGH 56, RECORDS OF RIVERSIDE COUNTY. APPROXIMATELY 67 ACRES MORE OR LESS. EXHIBIT "B" 5. a ' .K f :. CITY OPEIeSPACE - - -� 39 +/- ACRES 'I sp V aA v ,- � r r L, Vt as 23 22 I --; 27 23 zs 27 CITY f 2 26 CI TY OPEN SPACE 1 �1 OPEN SPACE 2AlES F21M CANNON ,j SA TACT iz/sz�ss) CITY \ I OPEN SPACE I *IF CITY OF PALM SPRINGS /terry PUBLIC WORKS & ENGINEERINGOPEN SPACE DEPARTMENT DESIGN BY: SCALE: FILE NO.: NTS SECTIONS 22 AND 27, T.4.S. M.E. S.B.B:M. CHECKED BY: W.O. i SHEET NO.: 1 OF 1