HomeMy WebLinkAbout20610 - RESOLUTIONS - 5/21/2003 ' RESOLUTION NO. 20610
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,CALIFORNIA,APPROVINGAN EXCHANGE
AGREEMENT WITH THE BARNEY TRUST OF LOS
ANGELES, CALIFORNIA, EXCHANGING 45 ACRES
OF CITY-OWNED LAND FOR 45-ACRES OF TRUST-
OWNED LAND, WITH RESTRICTIONS ON THE
FUTURE DEVELOPMENT OF BOTH PARCELS A04702
WHEREAS,the Barney 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 forty five (45) 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
forty five(45) acres which Real Property is more particularly described in attached Exhibit
B ("City Property"); and
' WHEREAS,the City Property consists of a portion of a parcels designated as Parcel 1 on
Exhibit B. The deed which conveyed the Parcel 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
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
residential complex,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 deed 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.
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, , `i
to acquire and dispose of property for the common benefit, deems the '
exchange of property between the City of Palm Springs and the Barney
Trust to be in the best interest of the City because it results in 45 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 Barney Trust of Los Angeles,
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 -)i gt day of May 20�03.
AYES: Members' Mills, Retler,.-Spurgin, and Mayor pro tern Oden
NOES: None
ABSENT: Members Hodges and Mayor Kleindiienst
ATTEST: THE CITY OF PALM SPRINGS, CALIFORNIA ,
t �City Clerk _ City Manager ''Ct
REVIEWED &APPROVED AS TO FORM
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