HomeMy WebLinkAbout9/5/2001 - STAFF REPORTS (14) DATE: SEPTEMBER 5, 2001
TO: CITY COUNCIL
FROM: DIRECTOR OF REDEVELOPMENT
PUBLIC HEARING FOR THE SALE OF A 7,840 SQUARE FOOT CITY-OWNED PARCEL
TO BURNETT DEVELOPMENT COMPANY
RECOMMENDATION:
It is recommended that the City Council approve the resolution approving the sale
of a City-owned 7,840 square foot parcel near Via Olivera and Indian Canyon
Drive, to Burnett Development Company.
SUMMARY:
In March 2001 the City of Palm Springs received an offer from Burnett Development
Company on a parcel of 7,840 square feet, near Via Olivera and the Whitewater Water
Company easement. After some discussion, Council agreed to sell the parcel for
appraised value. Staff received the appraisal on June 6, 2001 from Paul W. Wagner of
Mackenzie Wagner & Associates, local appraisers. The appraised price is $10,000.
California Government Code Section 37421 et.seq. requires that the Cityfirst set a date
of the public hearing at which the public may make testimony regarding the sale. On
August 1,2001,the City Council approved the resolution setting the Public Hearing date
for this date.
BACKGROUND:
This action approves the the sale of a City-owned parcel to Burnett Development
Company of Newport Beach, CA. The developer has made an offer and the Council
asked that an appraisal of the parcel be conducted. The appraisal was received on June
6, 2001 and was for$10,000. The developer has offered that amount.
This action is the third part of a three-step process in selling City-owned parcels:
(1) Council directed the negotiator as to price and terms in Closed Session; (2)
Council adopted on August 1, 2001 a resolution expressing its intention to sell the
property and setting the date of the Public Hearing, and the City publishes a notice
of Public Hearing (published August 23 and August 30); and (3) Council approves
the Agreement for Purchase and Sale of Real Property, as well as a resolution
accepting the terms of the sale.
The listed sale price was determined by an MAI appraisal conducted by Mackenzie
Wagner&Associates of Palm Desert. The price is fair market value. The process
meets the requirements of Resolution 14527, which requires that the City sell all
land at fair market value. The sale of this parcel meets the other tests of
Resolution 14527:
1. There is no foreseeable present or future use of the property for City
purposes.
2. The property cannot be leased or rented for its highest and best use at fair
market rental.
3. The City's need for immediate liquidation, for cash, of such property-- at its
fair market value -- is greater than its need for developing continuing
revenue for thheef lease of such property.
JOHN Sj RAYMOND�
Direct of Redev� ment
APPROVED -
Citt y Manaageger
ATTACHMENTS:
1. Resolution Pursuant to Section 37421, et. seq, with Exhibit A"
2. Agreement for Purchase and Sale of Real Property
3. Public Hearing Notice
13AX
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City of Palm Springs will hold a Public Hearing in the
City Council Chambers, located at 3200 Tahquitz Canyon Way, Palm Springs, California 92262,
beginning at 7:00 p.m., Wednesday, September 5, 2001, to consider the following:
Sale of a 7,840 square foot parcel located north of
Via Olivera and west of Indian Canyon Drive
adjacent to the Whitewater Mutual Water Company
Canal to Burnett Companies of Newport Beach,
California for the purpose of combining the parcel
with adjacent parcels for redevelopment of the area
California Government Code Section 37421 at. seq. allows the City of Palm Springs to sell surplus
property for fair market value, but requires that the City first set a date of the public hearing at
which the public may make testimony regarding the sale. The resolution setting the Public
Hearing date for September 5, 2001 was adopted on August 1, 2001.
In March, 2001, City Council considered an offer from a private developer for the 7,840 square
foot parcel. The developer offered the appraised value and intends to assemble additional land
for a major development in the area. This City-owned parcel is to be sold to the Developer under
an Agreement for Purchase and Sale of Real Property.
This action is part of a three-step process in selling City-owned parcels: (1) Council directs the
negotiator as to price and terms in Closed Session; (2) Council adopts a resolution expressing
its intention to sell the property and setting the date of the Public Hearing, and the City publishes
a notice of Public Hearing; and (3) Council approves the Agreement for Purchase and Sale of
Real Property, as well as a resolution accepting the terms of the sale.
The listed sale price was determined by an MAI appraisal and the price is fair market value. The
process meets the requirements of Resolution 14527, which requires that the City sell all land at
fair market value. The sale of this parcel meets the other tests of Resolution 14527:
1. There is no foreseeable present or future use of the property for City purposes.
2. The property cannot be leased or rented for its highest and best use at fair market rental.
3. The City's need for immediate liquidation, for cash, of such property -- at its fair market
value -- is greater than its need for developing continuing revenue for the lease of such
property.
All interested persons are invited to attend the Public Hearing and express opinions on the item
listed above. If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing described in this
notice, or in written correspondence delivered to the City Clerk, at the address listed above, at or
prior to the Public Hearing.
Members of the public may view this document and all referenced documents in the Community
Redevelopment Department, City Hall, and submit written comments to the City of Palm Springs
at or prior to the City Council public hearing described in this notice.
Further information, including a copy of the Agreement and Resolution, prepared in
accordance with California Government Code Section 37421 et. seq., is available in the Office of
the City Clerk, at the above address.
PATRICIA A. SANDERS, City Clerk
PUBLISHED: August 23 and August 30, 2001
13A3
AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
("Agreement") is made this_ day of , 2001 ("Effective Date"), by and between
the City of Palm Springs, a California municipal corporation ("City") and the Burnett
Development Company of Newport Beach, California ("Developer").
RECITALS:
A. The City is the owner of that certain real property and improvements and
easements thereon consisting of approximately Seven Thousand Eight Hundred Forty (7,840)
square feet located at west of Indian Canyon Drive and north of Via Olivera in the City of Palm
Springs ("Parcel").
B. City acquired Parcel in by Deed # from the County
for the purposes of constructing low-income housing on the site. To date,
the City has not assembled any adjacent parcels to make such development feasible on the
site.
C. On September 5, 2001, and pursuant to Government Code Section 37421 et
seq., the City Council of the City ("City Council") duly adopted Resolution No. finding
that the sale of the Parcel is in the public interest insofar as its rehabilitation will aid in the
elimination of blighted conditions on the Parcel, provide for aesthetic improvements thereon,
and provide substantial economic benefits through the development of market rate housing.
The City Council, pursuant to Resolution No, further found that the sale price of Parcel
is based on an appraised fair market value, and approved the sale of Parcel to the Developer.
D. Upon sale to the Developer, the Buyer will pay the City $10,000, based on the
appraised value of$1.28 per square foot or$10,000. The sale price is net of expenses such
as fees, incurred during the sale.
E. City is desirous of authorizing a Developer to construct a multi-family
development on the Combined Parcel.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. PURCHASE AND SALE OF PROPERTY. Subject to all of the terms, conditions and
provisions of this Agreement, and for the consideration herein set forth, City hereby agrees to
sell to Developer and Developer hereby agrees to purchase from City the City's fee interest in
that certain real property known as Parcel, as more specifically described at Exhibit "A",
Purchase and sale of VIA OLIVEAA a08/24/1 1 1 3 A
attached hereto and made a part hereof. Conveyance of Parcel from the City to the Developer
shall be by Grant Deed in the form attached hereto as Exhibit "C".
2. PAYMENT OF PURCHASE PRICE.
2.1 Purchase Price. Developer agrees to purchase the Parcel from City and City
agrees to sell the Parcel to Developer for a purchase price ("Purchase Price") of $10,000.
The Purchase Price is based on the fair market value of the Parcel, as confirmed by an
appraisal prepared for the City.
2.2 Time of Payment. The entire Purchase Price shall be paid upon the Effective
Date of the Close of Escrow between the City and the Developer.
2.3 Costs of Sale. All costs of sale shall be borne equally between the parties.
3.
4. NO WARRANTIES.
4.1 "AS-IS" Sale. Except as set forth in this Agreement, Developer acknowledges
that neither City nor any of its employees, agents or representatives has made any
representations, warranties or agreements to or with Developer on behalf of City as to any
matters concerning Parcel, the physical condition, the present use thereof, the merchantability,
or the suitability of City's intended use of Parcel. Developer further acknowledges and agrees
that (with the exception of the representations and warranties by City herein) Parcel is to be
purchased, conveyed and accepted by Developer in its present "AS-IS" condition.
4.2 Changed Circumstances. If City becomes aware of any fact or circumstance
which would change or render incorrect, in whole or in part, any representation or warranty
made by City under this Agreement, whether as of the date given or within four (4) months
thereafter and whether or not such representation or warranty was based upon City's
knowledge and/or belief as of a certain date, City will give immediate written notice of such
changed fact or circumstance to Developer. Developer shall have ten (10) days from the
receipt of any notice by City of the material change of any representation or warranty made by
City hereunder to terminate this Agreement by providing written notice to City, and receive
return of its Purchase Price and any other sums paid to City under this Agreement.
4.1 Non-foreign Status. Seller hereby represents and warrants that it is not a
person or entity defined as a "foreign person" under the Internal Revenue Code and
regulations promulgated thereunder. Seller shall execute a certification of non-foreign status if
necessary.
4.2 Nonrecourse Obligation. No officer, official, member, employee, agent, or
representative or Developer or City shall be liable for any amounts due hereunder, and no
judgment or execution thereon entered in any action herein shall be personally enforced
against any such officer, official, member, employee, agent, or representative.
Purchase and sale of VIA OLIVERA .08/24/1 2 15W
5. RIGHT OF REVERTER. The City shall have the right to reenter and take possession of
Parcel with all improvements thereon and to terminate and revest in the City Parcel, if Parcel
is not developed within a period of Thirty-Six (36) months of the date of this Agreement.
6. MISCELLANEOUS.
6.1 Successors. This Agreement shall be binding upon the parties hereto and their
respective heirs, representatives, transferees, successors and assigns. The obligations of City
under this Agreement shall inure to the benefit of Developer, any purchaser of Developer, and
their respective heirs, representatives, transferees, successors and assigns.
6.2 Time of Essence. Time is of the essence in this Agreement and with respect to
each covenant and condition hereof. City and Developer each specifically agrees to strictly
comply with and perform its obligations herein in the time and manner specified and waives
any and all rights to claim such compliance by mere substantial compliance with the terms of
this Agreement.
6.3 Time Period Computations. All periods of time referred to in this Agreement
shall include all Saturdays, Sundays and California state or national holidays unless the
reference is to business days, in which event such weekends and holidays shall be excluded in
the computation of time and provide that if the last date to perform any act or give any notice
with respect to this Agreement shall fall on a Saturday, Sunday or California state or national
holiday, such act or notice shall be deemed to have been timely performed or given on the
next succeeding day which is not a Saturday, Sunday or California state or national holiday.
6.4 Interpretation: Governing Law. This Agreement shall be construed according to
its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed
in accordance with the laws of the State of California in effect at the time of the execution of
this Agreement. Titles and captions are for convenience only and shall not constitute a portion
of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others wherever and whenever
the context so dictates.
6.5 No Waiver. No delay or omission by either party hereto in exercising any right
or power accruing upon the compliance or failure of performance by the other party hereto
under the provisions of this Agreement shall impair any such right or power or be construed to
be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants,
conditions or agreements hereof to be performed by the other party shall not be construed as
a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or
conditions hereof.
6.6 Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made by written instrument or endorsement thereon and in
each such instance executed on behalf of each party hereto.
6.7 Severability. If any term, provision, condition or covenant of this Agreement or
the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
Purchase and sale of VIA OLIVERA .08/24/1 3 ' 3 A(o
held invalid or unenforceable, shall not be affected thereby, and each term and provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
6.8 Merger of Prior Agreements and Understandings. This Agreement, and other
documents incorporated herein by reference contain the entire understanding between the
parties relating to the transaction contemplated hereby and all prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged
herein and shall be of no further force or effect.
6.9 Execution in Counterpart. This Agreement and any modifications, amendments
or supplements thereto may be executed in several counterparts, and all so executed shall
constitute one agreement binding on all parties hereto, notwithstanding that all parties are not
signatories to the original or the same counterpart.
6.10 Authorization. By official action of the City Council and the Developer, City and
Developer, respectively, have authorized the entering into this Agreement by such party and
the signing of this Agreement by the City Manager on behalf of City, and by the president and
other officer of the Developer's company on behalf of Developer.
Purchase and sale of VIA OLIVERA a08/24/1 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
Purchase and Sale of Property as of the date set forth above.
CITY OF PALM SPRINGS, a California municipal
corporation
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
15N?
Purchase and sale of VIA OLIVERA a08/24/1 rj
"DEVELOPER"
BURNETT DEVELOPMENT COMPANIES
(Check One: _individual, _partnership, _corporation)
[NOTARIZED]
Signature
Print Name:
Print Title:
[NOTARIZED]
Signature
Print Name:
Print Title:
Mailing Address:
(Corporations require two signatures; one from each of the following: (A) Chairman of Board,
President, any Vice President; AND (B) Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.)
(END OF SIGNATURES/ NOTARY JURAT(S) FOLLOW]
151$5
Purchase and sale of VIA OLIVCRA a08/24/1 6
STATE OF CALIFORNIA )
ss.
COUNTY OF )
ON before me, , Notary Public,
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they 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, executed the instrument.
Witness my hand and official seal. [SEAL]
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
ON before me, Notary Public,
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they 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, executed the instrument.
Witness my hand and official seal. [SEAL]
Signature
1314) 0
Purchase and sale of VIA OLIVERA a08/24/1 ]
EXHIBIT "A"
LEGAL DESCRIPTION OF THE VIA OLIVERA PARCEL
The Land is that certain real property located in the City of Palm Springs, County of
Riverside, State of California, more particularly described as follows:
CERTAIN REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3;THENCE NORTH 00° 11'
EAST, 1986.39 FEET, TO A POINT ON THE EAST LINE OF SAID SECTION 3;THENCE SOUTH
890 57' WEST, 428.80 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON
THE WEST LINE OF THE WHITEWATER MUTUAL WATER COMPANY'S R. O. W.; THENCE
NORTH 120 V WEST 21.12 FEET; THENCE NORTH 150 06' WEST, 266.99 FEET; THENCE
NORTH 180 32' WEST 87.93 FEET; THENCE NORTH 89° 38' WEST, 143.42 FEET; THENCE
SOUTH 00° 11' WEST, 50 FEET; THENCE SOUTH 89' 38' EAST 128.90 FEET; THENCE
SOUTH 18° 32' EAST, 42.70 FEET; THENCE SOUTH 15' 06' EAST, 249.62 FEET; THENCE
SOUTH 89° 57' WEST, 208.26 FEET; THENCE SOUTH 00' 11' WEST 30 FEET; THENCE
NORTH 89° 57' EAST, 246.18 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "A" 1361 /
TO AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY
Purchase and sale of VIA OLIVERA aO8/24/1 1
EXHIBIT "C"
GRANT DEED
FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF PALM SPRINGS, CALIFORNIA
3200 East Tahquitz Canyon Way
Palm Springs, California 92263
Attn: David J. Aleshire
Order No.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF PALM SPRINGS, a public body, corporate and politic hereby grants to
BURNETT DEVELOPMENT COMPANIES, a California , the real property in the City
of Palm Springs, County of Riverside, State of California, described in Exhibit "T' attached
hereto and incorporated herein, by reference subject to the existing easements, restrictions
and covenants of record thereon (the "Property").
Dated: THE CITY OF PALM SPRINGS, a public body, corporate
and politic
By:
Mayor
ATTEST:
City Clerk
131q IZ
EXHIBIT "C"
TO AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY
Purchase and sale of VIA OLIVERA a08/24/1 1
EXHIBIT "1"
LEGAL DESCRIPTION OF THE VIA OLIVERA PARCEL
The Land is that certain real property located in the City of Palm Springs, County of
Riverside, State of California, more particularly described as follows:
CERTAIN REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 00° 1 V
EAST, 1986.39 FEET, TO A POINT ON THE EAST LINE OF SAID SECTION 3;THENCE SOUTH
890 57' WEST, 428.80 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON
THE WEST LINE OF THE WHITEWATER MUTUAL WATER COMPANY'S R. 0. W.; THENCE
NORTH 120 V WEST 21.12 FEET; THENCE NORTH 15° 06' WEST, 266.99 FEET; THENCE
NORTH 180 32' WEST 87.93 FEET; THENCE NORTH 89° 38' WEST, 143.42 FEET; THENCE
SOUTH 00° 11' WEST, 50 FEET; THENCE SOUTH 89° 38' EAST 128.90 FEET; THENCE
SOUTH 18° 32' EAST, 42.70 FEET; THENCE SOUTH 15' 06' EAST, 249.62 FEET; THENCE
SOUTH 89° 57' WEST, 208.26 FEET; THENCE SOUTH 00' 11' WEST 30 FEET; THENCE
NORTH 89° 57' EAST, 246.18 FEET TO THE TRUE POINT OF BEGINNING,
Purchase and sale of VIA OLIVERA .08/24/1 —2—
No.9021
CITY OF PALM SPRINGS
RESOLUTION NO. 20742
("I. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, PURSUANT TO
fS / CALIFORNIA GOVERNMENT CODE SECTION
AVM. f ''J tip fU"I 37421 ET. SEO, FOR THE SALE OF CITY
5 l PROPERTY; AND NOTICE THEREOF
WHEREAS, the City id desirous of selling certain
proper[y located in the City of Palm Springs
2 PROOF OF PUBLICATION Sale Property"i, and described in Exhibit A" of
y!)- this Resolution, in accordance with Government
Code Section 37420 at.se
(2015.5.C.C.P) WHEREAS, the Ci7 Council of the City Palm
Springs has received an offer from Burnett Devel-
opment Company ("Burnett") to purchase this
City-owning property, including the Sale Property,
WHEREAS, pursuant to Government Cade Sec-
tion 37421, persons wishing to protest the sale of
the Sale Property must present testimony at the
time and place designated herein for the hearing
to consider the sale of the Sale Property or sub-
mit written statements pretesting the sale with the
City Clerk prior to such hearing;
WHEREAS, the notice of the public hearing for
September 5, 2001 at 7 p m.for consideration of
he tsale of the Sale Property is made pursuant to
California Government Code Sections 37421,
37422 and 37423,
WHEREAS,the publication of the notice of public
STATE OF CALIFORNIA hearing describing the proposed sale of the Sale
Property is made pursuant to Government Cade
County of Riverside Sections 37422 and 37423 by circulation in a dai-
ly newspaper published and circulated in the City
- - - _ - - - - - -- - - - -- and posted fcrT leu than-tce daystnat least -- - -
three conspmuous places upon each parcel of
property affected.
NOW THEREFORE BE IT RESOLVED by the City
Council of the City of Palm Springs, as follows.
SECTION 1.The public hearing cn the sale of the
Sale Property shall be set for September 5, 2001
at 7 p m in accordance with Government Cade
Sections 37421, 37422 and 37423
SECTION 2. Notice of the publrc hearing
ly newspaper pub- I to con-
I am a citizen of the United States and a resident of older the ease of the Sale Pro erty shall be pub-
lished at least once in a cal the County aforesaid; I am over the age of eighteen lished and circulated in the City, and posted for
ears,and not a part to or interested in the not less than tan days in at least three conspreu-
y party ous places upon each parcel of property affected
above-entitled matter.I am the principal clerk of a by the sale.
printer of the,DESERT SUN PUBLISHING SECTION 3. Protests to the sale of the Sale
COMPANY a newspaper of general circulation, Pro wnting to the c tyy Clerkdbefore hearing
rhear-
printed and published in the city of Palm Springs, ing at the time and date set
yyforth herein.
p
County of Riverside,and which newspaper has been SEC of the Sale 4. Fine
actiyoshell the iset for the hear-
adjudged
a newspaper of general circulation by the ing on September 5,2001,or such time thereafter
as may be set by the City Council.
Superior Court of the County of Riverside,State of
ADOPTED this lot day of August,2001.
California under the date Of March 24, 1988.Case
Number 191236;that the notice,of which the AYES Members Hodges, Janes, Oden, Rellei-
Spnrgin and Mayor Kleindienst
printed co annexed is a a NOES None
P copy in type not smaller ABSENT. None
than non pariel,has been published in each regular ATTEST. CITY OF PALM SPRINGS,CALIFORNIA
and entire issue Of said newspaper and not in any By/s/Patricia A.Sanders /a/David H.Ready
supplement thereof on the following dates,to wit: City Clerk City Manager
REVIEWED & APPROVED AS TO
FORM
August 9th - _- -` EXHIBIT "A"
___________________________—________—_______________—______
LEGAL DESCRIPTION OF THE VIA
OLIVERA PARCEL
-------------------------------------------------------------- The Land is that certain real property located in
the City of Palm Springs, County of Riverside,
State a California, more particularly described as
All in the year 2001 follows.
CERTAIN REAL PROPERTY IN THE CITY OF
I certify(or declare)under penalty of perjury that the STATE OF CIA CALIFORNIA;
COUNTY OF RIVERSIDE,
foregoing is true and correct. THAT PORTION OF THE SOUTHEAST QUARTER
gth OF SECTION 3,TOWNSHIP 4 SOUTH, RANGE 4
EAST, SAN BERNARDINO BASE AND MERIDIAN,
Dated at Palm Springs,California this--------------day ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS
August COMMENCING AT THE SOUTHEAST CORNER
Of----------------------------------,2001 OF SAID SECTION 3; THENCE NORTH 00de-
greeslV EAST, 198639 FEET, TO A POINT ON
THE EAST LINE OF SAID SECTION 3, THENCE
SOUTH 89degrees57' WEST, 42880 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT
--- ----=---—__ BEING ON THE WEST LINE OF THE WHITEWA-
TER MUTUAL WATER COMPANY'S R.O.W,
Signature THENCE NORTH 12degrees 1' WEST 21.12
FEET, THENCE NORTH 15degres06' WEST,
266.99 FEET; THENCE NORTH 18degrees 32'
WEST 87.93 FEET;THENCE NORTH 89de rees
38' WEST, 143.42 FEET, THENCE SOUTH OOde-
grees EN
9piq 11' WEST, 50 FEET, THENCE SOUTH FE
SOUTH el8degr esEAST
32812E/V 42 70 BHFEETC
FEET;HENCTHENNCEHSOUL 89degrees 6eesA 57' WEST,
208.26 FEET, THENCE SOUTH 00degrees 11'
WEST 30 FEET; THENCE NORTH 89degrees 57'
EAST,246.18 FEET TO THE TRUE POIN OF L-'p-
Ni` `r
1
PROOF OF PUBLICATION This is space for County Clerk's Filing stamp
(2015.5.C.C.P)
STATE OR CALIFORNIA—— - ---- - - - - 'No.0041
Comity of Riverside CITY OF PALM SPRINGS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Palm
Springs will hold a Public Hearingg in the City
Council Chambers,located at 3200 Reality
Can-
yon Way,,Palm Sprngs, California 92262, begin-
ning at L00 p m., Wednesday, September 5,
2001, to consider the following.
Sale of a 7,840 square toot parcel located north
of Via Oliver.and west of Indian Canyon Drive
adjacent to the Whitewater Mutual Water Compa-
ny Canal to Burnett Companies of Newport
1 :1111 11 citizen of the United States and a resident of Beach, elwithCalifornia for the purpose of combining
the parcel with adjacent pareols for redevelop-
the County aforesaid;I am over the age of eighteen men of the area,
fears,and not a party to or interested in the California Government Code Section 37421
et.seq.allows the City of Palm Springs to sell sur-
above-entitled matter.I am the principal clerk of a ire prooarty for fair market value, but requires
Printer of the,DESERT SUN PUBLISHING What t e.Cdy publifinit c
eta date of the i mony hearing
If which the pubic may make testimony regard-
0 I PANY a newspaper of general circulation, mg mg or sale The resolution setting Was
Public
printed and published in the city of Palm Springs,
on August t,f20 September 5, 200t was adopted
01
County of Riverside,and which newspaper has been -IrtiMeveh, 2001, City Council considered an offer
from a nrlvate developer for the 7,840 square foot
adjudged a newspaper of general circulation by the parcel, he developer offered the appraised value
and intends to assemble additional land for a ma-
Superior Court of the County of Riverside,State of joi development in the area.This City-owned par-
CRIIf01'llla under the date Of March 24,19$8.Case Agreement for sold
se IandOSale of ReLinder
l Proper
Number 191236; that the notice,of which the ty-
ff"neSed is a printed copy(set in type not smaller This action is part of a three-step process in sell-
ing City-owned parcels(1)Council directs the ne-
than non pariel,has been published in each regular pollster as to price and tarms in Closed Session,
and entire issue of said newspaper and not in any (z) council adopts a resownon expressing its in-
tenhon to sell the property and setting the date of
suPplement thereof oil the following dates,to wit: the Public Hearing, and the City publishes a no-
ties of Public Heannq, and (3) Council approves
the Agreement for Purchase and Sale Of Real - - -
- Property, as well as a resolution accepting the
August 23111,30th terms atthe sale.
------------_------------------_____________—__ The listed sale price was determined by an MAI
appraisal and the price is fair market value. The
process meets the requirements Of Resolution
---_— 14527,which requires that the City sell all land at
--------------- fair market value The sale of this parcel meets
the Other tests of Resolution 14527:
All in the year 2001 1. There rs no foreseeable present or future use
of the property for City purposes
2.The property cannot be leased or rented for its I
( penalty perjury 3rBThet and t rental.
Cty'sneedse at fair for immediate liquidation, for
1 certifyor declare under enal ofthat the
f each p
1'urel!oing is true and correct. sash, property-at its Carr market value-rs
greater than its need for developing continuing
- 31 st revenue for the lease of such property.
Datcd at Pulm Springs,California this-------------day All interested persons are envied to attend the
Public Hearing and express opinions on the item
August listed above If you challenge the nature of the
2001 proposed action In court, you may be Ilrntted to
--"', raisin only these refines en or someone else
01______________________________—_ 9 Y Y
rais
tic,, at the Public Hearing described in this the
Cite, Or In written corespa fisted delivered to the
to City
Clerk,at the address listed above, at or prior
to the Public Hearing.
Members r er the public may view this document
Signature andRed all referenced documents, y the and Community
Redevelopment Department,City Hall,and submit
written comments to the ricW of Palm Springs eat
-
or prior to the City Council public hearing de-
scribed in this notice
Further information, including a copy of the
Agreement and Resolution, prepared in accor-
dance with California Government Code Section
37421 etseq, is available in the Office of the City
Clerk, at the above address.
/ar P_ .r , , _ r.. ,..,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS
PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 37421 ET.
SEQ. FOR THE SALE OF CITY
PROPERTY; AND NOTICE THEREOF
WHEREAS,the City is desirous of selling certain property located in the City of Palm Springs
("Sale Property"), and described in Exhibit "A" of this Resolution, in accordance with
Government Code Section 37420 et seq.;
WHEREAS, the City Council of the City Palm Springs is informed that Burnett Development
Company ('Burnett') has applied to the City for the purchase of this Property;
WHEREAS,the notice of the public hearing forSeptember 5,2001 at 7 p.m.for consideration
of the sale of the Sale Propertywas made pursuant to California Government Code Sections
37421, 37422 and 37423,
WHEREAS,pursuantto Government Code Section 37421, personswishing to protestthe sale
of the Sale Property must present testimony at the time and place designated herein for the
hearing to consider the sale of the Sale Property or submit written statements protesting the
sale with the City Clerk prior to such hearing;
WHEREAS,the publication of the notice of public hearing describing the proposed sale of the
Sale Property was made pursuant to Government Code Sections 37422 and 37423 by
circulation in a daily newspaper published and circulated in the City and posted for not less
than ten days in at least three conspicuous places upon each parcel of property affected,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as
follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. The Agreement for Purchase and Sale of Real Property between the City of
Palm Springs and Burnett Development Company is hereby approved.
SECTION 3. The Mayor, or his designee, is hereby authorized to execute on behalf of the
City the Agreement for Purchase and Sale of Real Property and other
documents necessaryto the Agreement,and make minorchanges as maybe
deemed necessary, in a form approved by the City Attorney.
143
ADOPTED this day of , 2001 by the City Council of the City of
Palm Springs.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
APPROVED AS TO FORM:
CITY ATTORNEY
REVIEWED AND APPROVED
13CZ
EXHIBIT "A"
LEGAL DESCRIPTION OF THE VIA OLIVERA PARCEL
The Land is that certain real property located in the City of Palm Springs, County of
Riverside, State of California, more particularly described as follows:
CERTAIN REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3,TOWNSHIP 4 SOUTH, RANGE
4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 00' 11,
EAST, 1986.39 FEET, TO A POINT ON THE EAST LINE OF SAID SECTION 3; THENCE SOUTH
89°5T WEST, 428.80 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE
WEST LINE OF THE WHITEWATER MUTUAL WATER COMPANY'S R. O. W.; THENCE NORTH
1201' WEST21.12 FEET;THENCE NORTH 15°06'WEST,266.99 FEET;THENCE NORTH 18°32'
WEST 87.93 FEET; THENCE NORTH 89°38'WEST, 143.42 FEET;THENCESOUTH 00' 11,WEST,
50 FEET; THENCE SOUTH 89' 38' EAST 128.90 FEET; THENCE SOUTH 18' 32' EAST, 42.70
FEET; THENCE SOUTH 15' 06' EAST, 249.62 FEET; THENCE SOUTH 89' 57' WEST, 208.26
FEET; THENCE SOUTH 00° 11'WEST30 FEET;THENCE NORTH 89°57' EAST, 246.18 FEETTO
THE TRUE POINT OF BEGINNING.
1363