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HomeMy WebLinkAbout11/29/2000 - STAFF REPORTS DATE: November 29, 2000 TO: City Council FROM: Director of Planning & Building GIFT DEED BY PALM CANYON RANCH OF 12.41 ACRES OF LAND LOCATED WEST OF THE EXTENSION OF ADELAAR ROAD, U-R ZONE, SECTION 1. RECOMMENDATION: That the City Council rescind Resolution No. 19906 and adopt the attached resolution accepting the Gift Deed for the Palm Canyon Ranch (Grantor) property. The revised resolution requires that the subject property be restricted to public purposes, that a conservation easement be placed on the property, and that an indemnification agreement be entered into with the Grantor. Palm Canyon Ranch is a general partnership which includes Charles Adelaar, Sandra Adelaar, Karen Adelaar, Florence Adelaar, Peter Adelaar, Stanley Tannenbaum, William Adelaar, Patricia Norian, Jerry Epstein, Susan Klein, Harold Tannenbaum, and David Tannenbaum. BACKGROUND: The Grantor, Palm Canyon Ranch, represented by W. Curt Ealy, has offered the subject property to the City as a gift. The property is located west of the Bogert Trail and just north of the Andreas Hills subdivision. The property is located within the Santa Rosa Mountains. The property is subdivided into 12 single family residential lots ranging in size from .20 acres to .36 acres with one open space lot of 8.59 acres. The subdivision is recorded but no improvements have been constructed. The current owner has proposed the subject gift deed pursuant to Internal Revenue Service Code Section 170 (c). On September 20, 2000, the City Council approved Resolution No. 19906. Subsequently, the current property owners requested that the property be restricted as noted above. Director o anning and Building City Manager ATTACHMENTS: 1. Maps 2. Deed 3. Resolution No. 4. Revised Resolution //7J JU i* 1 `.�.Y -�3�L•.u+n Q,��+ - � 'i1,3y ^y v,1, ,:S Y',',',� ...ie;- �I ....,•.y � .. _. '.,. ���, .�• `� ma¢;-:' •.•� •_ .r.;�; is ;� — u Susi ! `^ 1 -IF+o �D YA N �,_1 Lx• � � �'' �- R, V A T I El CUA C A L I E VTE .4s., I I'f""fN ,NA TI6 '��F M�(lYl p V] YIM' �qy��-- lutl 'rta atG .m I�d(�Tok.Y.,N1k4Y vr,.l,glrlm�Ng1 � TOPOGRAPHIC MAP: PALM CANYON RANCH AND VICINITY as n n n a n n n s n a n w w 5/0 -34 TRA ou oO Por. SW.//4 SEC-36 T. 4S. R.4 E. 3/ � z.vshv'� �ylar.arr�r�r�li{ll�.I71��rr�rrrrrrrrrr}-- — r r m 0 ' a © p a�r r a usr o• -V] �rrrr� }irrrrrr7 arn4� Qarac b � 5/2 21 Z G —:�' rlr it �rrtrl�rc�r1(=Mf r��r��1rt�hYlr wOr7�rr rir�(7� �r� r ... . z do .c.. .r... BK. A55ESSORS AW SK 5XICAPG.34 RN �ERSIOE Mn: A(B l48/!4-15 Trx7 No.17470 ' ^/ M8.216/32-40 TraclNo. 1"7AM a w , SEHB Fax:7603209507 Nov 28 '00 10:23 P.03 I ArCORDIN® REOMTED EY 3.M MtRN R19CORDED UTDRN TO: City of Palm Springs P.O. Box 2643 Palm Springs; CA 92263 Attn: City Clerk EASEMENT DEED/GRANT DEED Grant of Conservation Easement and Fee Title. For valuable consideration,receipt of which,is acknowledged,Palm Canyon Ranch,a general partnership('Grantor"),hereby makes the following grants,subject to the terms,provisions,covenants,conditions,restrictions,easements and reservations provided and/or contemplated herein: (1) Grant of Easement. Grantor hereby grants to the Friends of the Desert Mountains("Easement Grantee"),at California non-profit corporation qualified as tax exempt under Section S01(c)(3)wider the Internal Revenue Code("IRC'),an easement("Easement")in perpetuity for the purpose of ensuring that the Property(as described below) is retained in its natural, scenic and open-space Condition;the Easement is granted as a 1'conservation easement" under Section 815,1, et. seq., of the California Civil Code("CCC"), and is specifically subject to the following: (aj die Easement is and shall be binding upon successive owners of the Property, and the terms,provisions, covenants, etc.,of the Easement shall run with and be binding upon the Property and all future owners of interests therein, (b)the Easement Grantee is and shall be prohibited from transferring the Easement unless the Easement Grantee requires, and the proposed transferee agrees in writing, that the conservation purposes the Easement is intended to advance shall continue to be carried out, and the proposed transferee is an entity described in Section 815.3 of the CCC. (2) Grant of Fee Title. Grantor hereby grants to the City of Palm Springs("Pee Grantee'), a municipal corporation qualified as a political subdivision of the State of California under Section 170(c)of the IRC, fee title("Fee Title")to the Property,subject to the Easement described above, exclusively for public purposes as provided in.Section 170(c)of the IRC. Description of Property. The real property("Property")covered by the grant of Easement and grant of Fee Title is located in the incorporated area of the City of Palm Springs, County of Riversido, State of California, and described as follows: Lots 1 through 12, Lot A and Common Lot 13 of Tract 17470 as shown by Map on file hi Book 148,pages 14 and 15, of Maps, Records of Riverside Comity, California. The grant of Easement land grant of Fee Title as described above are specifically made subject to all matters of record and/or apparent. I Acceptance by Easement Grantee. By signature below, Easement Grantee accepts the grant of the Easement upon the terms and conditions set forth in paragraph (1) above. EASEMENT GRANTEE: Friends of the Desert Mountains, A California non-profit corporation By: Title: Acceptancelby Fee Grantee. By signature below, Fee Grantee accepts the grant of Pee Title upon the terms and conditions set forth in paragraph(2 above. FEE GRAN' EE: GRANTEE: ATTEST; City of Palm Springs, A municipal corporation By: By:.. Patricia Sanders, City Clerk David H. Ready, City Manager REVIEWED AND APPROVED: By: David Aleshfre, Cary Attorney NOTARIES OF GRANTEES ARE ATTACHED SIGNATURE PAGES Ol GRANTORS ARE ATTACHED 6p=in nascmrnt-Gant Deed:712S/pp ................. SEHB Fax:7603209507 Nov 28 '00 10:23 P.04 STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE) On ,before me, ,personally appeared ,❑personally known to me-or-0 proved to me on the basis of satisfactory evidence,to be the person(s)whose name(s) is/ate subscribed to the within instrument and acknowledged to nit that he/she/they executed the same in his/her/their authorized capacity(m),and that by his/her/their siguature(s)on the instruunent the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hajid and official seal. SIGNATURE OF NOTARY STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE) On � ,before me, ,personally appeared David H.Ready,o personally known to me-or-❑proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to the that he/shcldicy executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,exccuttd the instrument. Witness my hand and official seal. SIGNATURE IOF NOTARY I� I I I 8pskin.F,axe�enaDeane nenC:11128Ne 2 AS RESOLUTION NO. 19906 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVING ACCEPTANCE OF GIFT DEED FOR THE PALM CANYON RANCH PROPERTY WHEREAS, Palm Canyon Ranch has conveyed certain real property hereinafter described; and WHEREAS, Palm Canyon Ranch desires to convey said property to the City of Palm Springs as a gift to a public agency; and WHEREAS, the City Council is willing to, and agrees to, accept conveyance of said property subject to said conditions; and WHEREAS, the real property referred to above is described in a grant deed, a copy of which is on file in the Office of the City Clerk as: Lots 1 through 12, Lot A, and Common Lot 13 of Tract 17470 as shown by maps on file in Book 148, pages 14 and 15, of Maps, Records of Riverside County, California. NOW, THEREFORE, BE IT RESOLVED by the City of Palm Springs, California that the Mayor, City Manager, and City Clerk are hereby authorized to accept, on behalf of the City of Palm Springs, a Gift Deed conveying said real property from Palm Canyon Ranch to the City and to cause said Gift Deed to be recorded in the office of the County Recorder of the County of Riverside. ADOPTED this qoth day of geprember , 2000. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Rleindienst NOES: None ABSTAIN: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: kW£ ' �A � SEHB Fax:7603209507 Nov 28 '00 10:22 P. 02 SELZER, EALY, HEMPHILL & .BLASDEL, LLP A Ulf=U0p PA mc¢.. ATTOt2NEYS AT LA W PAUL T,SUZLIA 777 E,TAEQUITZ CANYON WAY.SUITE 323 W.CQU EALY PALM SPRINGS CALIFORNIA 77Z62 EMILX PERdI EEMPRlLL TELEPHONE 960132"M DIANE C.OWDEL FACSLWLE 760d204507 November 28, 2000 SENT VIA F+ACSIMIIAE TO 714-546-9035 AND U.S, MAIL David Aleshire, Esq. Rutan&Tucker, LLP P.O. Box 1950, Ste. 1400 ,Costa Mesa, California 92628-1950 Re: Palm Canyon Raneb Dear David: Enclosed is an Easement Deed/Grant Deed ("Deed"), which establishes the conservation easement that we discussed and grants fee title to the City. Use of this Deed will eliminate the need to obtain an indemnity agreement from the City. As we also discussed, final approval of this matter by the City needs to occur at the City Council meeting tomorrow night. By no later than the following day, the Deed needs to be fully signed by the City (notarized where indicated)and returned to me. I will then obtain the signature of the Friends of the Desert Mountains, attach the Grantor signature pages and cause the document to be recorded. Until recording has occurred, my clients reserve the right to do other things with the property, such as deed it outright to another qualified entity. As you know,time is of the essence. Sincerely, �( W. Curt Ealy Selzer, Ealy, Hemphill & Blasdel WCE/jlh Enclosure cc: Stanley Tananbaum Jerry Epstein pdA I ( r RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 19906 AND APPROVING ACCEPTANCE OF GIFT DEED FOR THE PALM CANYON RANCH PROPERTY WHEREAS, Palm Canyon Ranch (Grantor) has offered to certain real property hereinafter described; and WHEREAS, Palm Canyon Ranch desires to convey said property to the City of Palm Springs as a gift to a public agency; and WHEREAS, on September 20, 2000 the City Council approved Resolution No. 19906 accepting the subject property as a gift deed; and WHEREAS, Palm Canyon Ranch has asked that certain conditions be met prior to conveying subject property; and WHEREAS, the City Council is willing to, and agrees to, accept conveyance of said property subject to said conditions; and WHEREAS, the real property referred to above is described in a grant deed, a copy of which is on file in the Office of the City Clerk as: Lots 1 through 12, Lot A, and Common Lot 13 of Tract 17470 as shown by maps on file in Book 148, pages 14 and 15, of Maps, Records of Riverside County, California. NOW, THEREFORE, BE IT RESOLVED by the City of Palm Springs, California that Resolution No. 19906 is hereby rescinded and the Mayor, City Manager, and City Clerk are hereby authorized to accept, on behalf of the City of Palm Springs, a Gift Deed conveying said real property from Palm Canyon Ranch to the City and to cause said Gift Deed to be recorded in the office of the County Recorder of the County of Riverside. Additionally, the City Council agrees that the property will be used for public purposes, that a conservation easement be placed upon the property, and that an indemnification agreement be entered into with the Grantor. 10 R Page 2 BE IT FURTHER RESOLVED that the City Council authorizes the release of all subdivision improvement security requirements at this time. ADOPTED this day of 12000. AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: