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Home My WebLink About2006-06-07 STAFF REPORTS 2E �OQ?ALM Sp4 �2 4w V N k C k OlIOAi RO♦A• iF C'4LIFORe,P CITY COUNCIL STAFF REPORT June i', 2006 CONSENT CALENDAR Subject: APPROVAL OF A NOTICE OF SUBDIVISION COMPLETION BETWEEN THE CITY OF PALM SPRINGS AND AMERICAN REALTY TRUST, INC., A GEORGIA CORPORATION, FOR PARCEL MAP 30745 ("DESTINATION RAMON") From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY American Realty Trust, Inc., the developer of the "Destination Ramon" (Walmart) project, was required to enter into a Subdivision Improvement Agreement for construction of required off-site improvements associated with Parcel Map 30745. The developer has completed the required improvements, and has requested that an official notice be approved and recorded releasing the obligations recorded against the property through the Subdivision Improvement Agreement. The Notice of Subdivision Completion will facilitate the developer's request. [RECOMMENDATION: 'I) Adopt Minute Order No. "APPROVING AGREEMENT NO. , A NOTICE OF SUBDIVISION COMPLETION FOR PARCEL MAP 30745, IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST WITH AMERICAN REALTY TRUST, INC., A GEORGIA CORPORATION;" and 2) Authorize the City Manager to execute all necessary documents; and 3) Direct the City Clerk to record the Agreement with the Riverside County Recorder. STAFF ANALYSIS: American Realty Trust, Inc., the developer of the "Destination Ramon" (Walmart) project, was required to enter into a Subdivision Improvement Agreement for construction of required off-site improvements associated with Parcel Map 30745. The Agreement was recorded against the property to give constructive notice to potential Item No. 2 . C C . City Council Staff Report May 24, 2006- Page 2 Notice of Subdivision Completion—Parcel Map 30745 future owners of the obligations required by the City in the approval of Parcel Map 30745. The developer of the Walmart shopping center completed the various off-site improvements required by the City, and secured by the Subdivision Improvement Agreement. Typically, upon completion of improvements and acceptance by the City Engineer, a letter is issued to the surety company or other institution used by the developer to secure the Subdivision Improvement Agreement, authorizing the release of security instruments and evidencing the City's acceptance of the required improvements. This process was followed with regard to Parcel Map 30745, however, the developer further requested that an official notice or other evidence be provided and recorded against the property to give constructive notice that the obligations of the Subdivision Improvement Agreement were satisfied. The developer prepared a short-form Agreement, which is named "Notice of Subdivision Completion ("Notice")"; which simply states the fact that the City required certain improvements which have been completed. The "Notice" when approved will be recorded against the property, as requested by the developer. The City Attorney has reviewed the "Notice", and recommends its approval. FISCAL IMPACT: IFinance Director Review: There is no cost associated with approval of the "Notice". David J. Barakian Thomas J. Wils n Director of Public Works/City Engineer Assistant City anager David H. Ready �— City Manager ATTACHMENTS: 1. Agreement 2. Minute Order RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Springs Attn: City Clerk P.O. Box 2743 Palm Springs, CA 92263 Space Above This Line For Recorder's Use Only PALM SPRINGS, CALIFORNIA STORE NO. 1832-03 NOTICE OF SUBDIVISION COMPLETION ("NOTICE") This Notice of Subdivision Completion is effective this day of 12006. RECITALS WHEREAS, the city of Palm Springs, a California charter city ("City"), and American Fealty Trust Inc., a Georgia corporation ("American Realty"), entered into a certain Subdivision Improvement Agreement between them relating to that certain real property described on Exhibit"A", attached hereto and incorporated herein by reference ("Property"), and which Subdivision Improvement Agreement was recorded in the Official Records of Riverside County, State of California on October 25, 2004, as hnstrument No. 2004-0842624, and re-recorded on October 29, 2004, as Instrument No. 2004-0858330 ("Subdivision Agreement"); WHEREAS, City and American Realty entered into an Abandonment Agreement related to the Property, which Abandonment Agreement was recorded in the Official Records of Riverside County, State of California on October 25, 2004, as Instrument No. 2004-0842625, and re-recorded on October 29, 2004, as Instrument No. 2004-0858331 ("Abandonment Agreement"); and WHEREAS, all of the work required to be performed by the Subdivision Agreement and Abandonment Agreement has been completed. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the above completion, City and American Really hereby acknowledge that all of the work required to be performed under the Subdivision Agreement and Abandonment Agreement has been performed and completed. - 1 - SWdi✓sian Temuinmwn A,.n,a unl 003 WM-PAIN SPRINGS--819811 AMERICAN REALTY: AMERICAN REALTY TRUST, INC.,a Georgia corporation Name: ilbpl.l Its: C i 0 Date: CITY: CITY OF PALM SPRINGS, a Califomia charter city By: Name: Its: Date: - 2 - Subdrvision Tonmmnnon Agnsonsul 003 W590 PALM SPRINGS--S19AI 1 STATE OF COUNTY OF JbA LL WS On 4 rr l 2006, before me, Public, in and for said County and State, personally appeared S I�ww, nb,�v personally known to me or proved to me on the basis of satisfactor�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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. g*4og ,Notary Public lo"""c GEORGIA E BROOKS Notary Public State of Texas my Commission Expires � December 10, 2006 STATE OF 1 COUNTY OF ) On 2006, before me, a Notary Public, in and for said County and State, 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public - 3 - Subdivision Termination Agreement 003 WM-PATAT SPRIIJ0-819811 EXHIBIT "A" LEGAL DESCRIPTION All that certain real property located in the City of Palm Springs, County of Riverside, State of California, as more particularly described as follows: IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF LOTS 1 THROUGII 10, INCLUSIVE, AND LETTERED LOTS A THROUGH E, INCLUSIVE, OF TRACT NO. 19544, AS SHOWN BY MAP ON FILE IN BOOK 142, PAGES 79 AND 80 OF MAPS, RECORDS OF SAID COUNTY, SAID STATE, AS AMENDED BY CERTIFICATION OF CORRECTION RECORDED JANUARY 23, 1986, AS INSTRUMENT NO. 16924 OF OFFICIAL RECORDS, ALSO DESCRIBED AS: PARCELS 1 THROUGH 8, INCLUSIVE, OF PARCEL MAP NO. 30745, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 18, 2004, AND FILED IN PARCEL MAP BOOK 210, AT PAGES 31 THROUGH 32, IN THE OFFICIAL RECORDS OF SAID COUNTY. EXHIBIT "A" Subd[VIslnn Ternnnnnan Agwinent DOD W�90-PALM SPRMTO —019P 1 MINUTE ORDER NO. APPROVING AGREEMENT NO. A NOTICE OF SUBDIVISION COMPLETION FOR PARCEL MAP 30745, IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST, WITH AMERICAN REALTY TRUST, INC., A GEORGIA CORPORATION I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order Approving Agreement No. , a Notice of Subdivision Completion for Parcel Map 30745, in Section 20, Township 4 South, Range 5 East, with American Realty Trust, Inc., a Georgia corporation, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 24th day of May, 2006. James Thompson, City Clerk