HomeMy WebLinkAbout1/18/2012 - STAFF REPORTS - 2.P. A PALM SpQ
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�1FORN`p� PO CITY COUNCIL STAFF REPORT
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DATE: January 18, 2012 UNFINISHED BUSINESS
SUBJECT: ACCEPTANCE OF GIFT DEED FROM THE SUZANNE D. PARISH REAL
ESTATE TRUST FOR 4.90 ACRES OF LAND TO BE PRESERVED AS
OPEN SPACE.
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
This additional gift of open space land in the Araby Wash and Araby Cove area from the
Suzanne D. Parish Real Estate Trust increases the City's considerable inventory of
natural open space land and increases the City's open space land in the Araby area
from 17.1 acres to 22 acres.
RECOMMENDATION:
1. Approve Agreement No. "Authorizing the City Clerk to accept the Gift
Deed from the Suzanne D. Parish Real Estate Trust for 4.90 acres in the Araby
Cove and Araby Wash area for the purpose of preserving the land as natural
open space."
2. Authorize the City Manager or his designee to execute all the necessary
documents.
BACKGROUND:
On November 2, 2005, Council accepted the gift to the City of Palm Springs of
approximately 17 acres of land from the Suzanne D. Parish Real Estate Trust "Trust" for
the purpose of preserving the land as natural open space. On November 19, 2008, the
City accepted the Grant Deed and approved a memorandum of understanding for the
lot split of parcel APN 510-270-003. The gift to the City consisted of parcels 510-210-
003, 510-210-017 and a portion of 510-270-003 in the Araby Wash neighborhood.
ITEM NO.
City Council Staff Report
January 18, 2012-- Page 2
Acceptance of Gift Deed from Parish Trust
Recently, staff was contacted by the attorneys for the Trust indicating that there was an
additional 4.9 acres of land that had been bequeathed to the City of Palm Springs in the
vicinity of the original land donation. The parcel is described in more detail in Exhibit A.
This action approves the Acceptance of the Gift Deed by the City, which is one of the
documents necessary to close the escrow.
J hn ymond, Director of Diana Shay
Cowifirlunity & Economic Development Redevelopme o7rdinor
DAVID H. READY Tom Wilso
City Manager Assistant City Manager
Attachments:
1. Gift Deed
2. Certificate of Acceptance of Gift Deed
3. Legal Description and Boundary Exhibit
02
RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO,
AND MAIL TAX STATEMENTS TO:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Clerk
(SPACE ABOVE THIS LINE IS FOR RECORDER'S USE)
GIFT DEED
The undersigned Grantor declares:
Documentary transfer tax is NONE. This is a bona fide gift and the Grantor received nothing in return. R&T§ 11911.
THIS GIFT DEED (this "Deed") is made as of this_day of 2011,by
RONALD N. KILGORE, Trustee of The Suzanne D. Parish Real Estate Trust dated May 26,
1983, restated as of November 16, 2006 ("Grantor"), in favor of THE CITY OF PALM
SPRINGS, a California charter city and municipal corporation ("Grantee").
RECITALS
A. Grantor is the owner of certain real property(the"Property") located in the City
of Palm Springs, County of Riverside, State of California and consisting of approximately 4.90
acres, more fully described in Exhibit A attached hereto.
B. The Property consists primarily of undeveloped natural habitat for indigenous
wildlife, flora and fauna.
C. Grantee has determined that the preservation of the Property as open space is
consistent with the General Plan of the City of Palm Springs, it is in the best interest of said City
and is important to the public for the enjoyment of scenic beauty and for recreation.
D. It is the intention of both Grantor and Grantee that the Property be protected for
the preservation of its essentially rural characteristics and natural scenic beauty and that said
Property be open to the general public, subject to the reasonable restrictions concerning the
needs of the Property and necessary to the preservation of its unique qualities as described herein
below.
NOW,THEREFORE, as a gift without the payment of any compensation therefor, the
parties agree as follows:
1. Incorporation of Recitals and Exhibit
All recitals set forth at the beginning of this Deed and the exhibit attached and referred to
in this Deed are incorporated as though fully set forth in this Deed.
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2. Grant of Property
Grantor does hereby grant to Grantee the Property subject to the terms and conditions set
forth herein. Each and every portion of the Property is and shall be held, conveyed and used
subject to the following covenants all of which are declared and agreed upon for the purpose of
maintaining,preserving, conserving and otherwise continuing in existence the open space
character of the Property. All of said covenants shall run with the Property and shall be binding
upon all parties having or acquiring any right, title, interest or estate in the Property or any
portion thereof whether as sole owners,joint owners or otherwise.
3. P oses
The purposes of this Deed ("Conservation Purposes") are(a) to enable the Property to
remain in its natural condition by protecting in perpetuity its value, use and utility as open space
(as defined below), and (b) to prevent any use of the Property that would significantly impair or
interfere with its long-term viability as property fulfilling the purposes for which this Deed is
granted.
4. Definitions
As used in this Deed, the term"Grantor"includes the original Grantor and its successors
and assigns; and the term "Grantee"includes the original Grantee and its successors and assigns,
all future owners of any legal or equitable interest in all or any portion of the Property, and any
party entitled to the possession or use of all or any part thereof.
The term "open space" shall have the meaning ascribed to the term"open-space land" in
Section 65560 of the California Government Code.
The term "structure"means anything constructed or erected on or under the ground,
including buildings (including, by way of example only, any hotel, inn, condominium or rental
apartment project),berms, driveways or walkways. The term"structure" shall not include
unpaved trails and paths for pedestrian or equestrian use.
5. Covenants
Grantee hereby covenants with Grantor, which covenant shall run with the Property, not
to construct or permit the construction of any improvements on the Property. Without limiting
the generality of the foregoing and except as expressly reserved in this instrument, Grantee
covenants with Grantor both not to and not to permit others to:
(a) Construct on the Property any structure (as defined above).
(b) Extract natural resources from the Property.
(c) Engage in or permit any agricultural use of the Property.
(d) Cut natural growth on the Property except as may be required for fire prevention,
thinning, elimination of diseased growth and/or similar protective measures.
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(e) Excavate, remove topsoil, sand or other materials from the Property, or change
the soil horizon or topography of the Property except as may be required for
purposes of erosion control and soil conservation.
(f) Dump or accumulate unsightly or offensive materials including,but not limited
to, trash, garbage, ashes or chemical waste on the Property.
(g) Perform activities such as off-the-road vehicle usage on the Property or other such
activities which tend to damage vegetation or otherwise scar the surface of the
Property.
6. Use
Subject to the terms and conditions set forth herein, it is the specific intent of both
Grantor and Grantee that the Property be made available to the public for recreational, scientific,
educational, scenic and other open space purposes to the greatest extent possible consistent with
protection of the open space character of the Property, including the protection and preservation
of the natural habitat of wildlife and plants thereon.
7. Violation of Covenants and Enforcement
Grantee acknowledges and agrees that Grantor's remedies at law for any violation of this
Deed may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of
Grantor hereunder at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantee's part to be observed or performed pursuant to this
Deed is not cured by Grantee within thirty(30) days written notice thereof by Grantor(which
notice requirement is expressly waived by Grantee with respect to any such breach, default or
violation which, in Grantor's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purpose of this Deed), Grantor
shall have the right at Grantor's election, (i)to institute a suit to enjoin or cure such breach,
default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and
exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause
the restoration of that portion of the Property affected by such breach, default or violation to the
condition that existed prior thereto or on the date hereof, or to such condition as is expressly
permitted hereby or as may be pursuant to the terms hereof, as Grantor deems appropriate under
the circumstances, or(iii) to seek or enforce such other legal and/or equitable relief or remedies
as Grantor deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and purpose of this Deed, including the transfer of this Deed by a court of
competent jurisdiction to another"qualified organization"as defined in Section 8 below.
8. Transfer of Deed
If Grantee ever ceases to exist or to qualify as a"qualified organization"under Section
170(h) of the Internal Revenue Code of 1986, as amended from time to time(the"Code"), or
applicable state law, a court of competent jurisdiction shall transfer this Deed to a qualified
organization having similar purposes that agrees to assume the responsibilities imposed by this
Deed. Grantee shall provide Grantor with advance written notice of such a transfer.
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Notwithstanding any other provision of this instrument or otherwise applicable statute or
rule of law, no subsequent transfer of the Property may take place unless the transferee
organization is a qualified organization which, as a condition of the transfer, agrees in writing
that the Conservation Purposes which this Deed was originally intended to advance continue to
be carried out.
9. Intemretation
This Deed shall be interpreted under the laws of the State of California, or federal law, as
appropriate. Any general rule of construction to the contrary notwithstanding,this Deed shall be
liberally construed to effect the Conservation Purposes of this Deed and to qualify this Deed as a
"qualified conservation contribution"under Section 170(h) of the Code. If any provision of this
Deed is found to be ambiguous, an interpretation consistent with the Conservation Purposes of
this Deed that would render the provision valid shall be favored over any interpretation that
would render it invalid.
10. Successors
Every provision of this Deed that applies to Grantor or Grantee shall also apply to their
respective agents, heirs, executors, administrators, assigns and other successors in interest, and
shall continue as a servitude running in perpetuity with the Property.
11. Severability
Invalidity of any of the covenants, terms or conditions of this Deed, or any part thereof,
by court order or judgment shall in no way affect the validity of any of the other provisions
hereof which shall remain in full force and effect.
12. Notices
All notices or other communications required or permitted hereunder shall be in writing,
and shall be personally delivered, or sent by registered or certified mail,postage prepaid, return
receipt requested, or overnight courier, or facsimile, and shall be deemed received upon the
earlier of(a) if personally delivered, the date of delivery to the address of the person to receive
such notice, (b) if mailed, four(4)business days after the date of posting by United States Post
Office, (c) if given by overnight courier, upon receipt by the person to receive such notice, or(d)
if sent by facsimile, when sent. Any notice or other communication sent by facsimile must also
be delivered by personal delivery, United States mail or overnight courier in accordance with the
foregoing and such notice or communication must be personally delivered, deposited in the
United States mail, or delivered to the overnight courier service within forty-eight (48)hours of
the sending of the facsimile:
If to Grantee: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Clerk
Facsimile: (760) 322-8332
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If to Grantor: Ronald N. Kilgore, Trustee of The Suzanne D. Parish Real Estate
Trust
211 S. Rose Street
Kalamazoo, MI 49007
Facsimile: (269) 553-7252
13, Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to the Deed and
supersedes all prior discussions, negotiations, understandings and agreements relating to the
Deed, all of which are merged herein.
14. Section Headings
The headings in this instrument have been inserted solely for convenience of reference
and are not a part of this instrument and shall have no effect upon construction or interpretation
thereof.
THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:
A. All liens, encumbrances, easements, covenants, conditions and restrictions of
record;
B. All matters which would be revealed or disclosed in an accurate survey of the
Property;
C. All matters which would be revealed or disclosed by a physical inspection of the
Property; and
D. A lien not yet delinquent for taxes for real property and personal property, and
any general or special assessments against the Property.
IN WITNESS WHEREOF, Grantor has executed this Gift Deed on the date first above
written.
Ronald N. Kilgore, Trustee of The Suzanne
D. Parish Real Estate Trust dated May 26,
1983, restated as of November 16, 2006
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
GIFT DEED
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit A
APN: [ 1
Dated: 12011
from,
The Suzanne D. Parish Real Estate Trust dated May 26, 1983,
restated as of November 16, 2006
Grantor, to the City of Palm Springs, a charter city and municipal corporation, Grantee,
is hereby accepted by the City Clerk of said City, by the order of the City Council of the
City of Palm Springs, on the day of 20 , and Grantee consents
to recordation thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this day of 20
JAMES THOMPSON
City Clerk
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State of California )
County of )
On before me, a
notary public in and for said State,personally appeared
, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
09
DM_US 30545256-1.032589.0012
State of California )
County of )
On before me, a
notary public in and for said State, personally appeared
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
DM US 30545256-1.032589.0012 10
EXHIBIT A
Legal Description
The following described real estate in the County of Riverside, State of California consisting of
approximately 4.90 acres, more or less:
That portion of Government Lot 3 in Section 25, Township 4 South, Range 4 East, San
Bernardino Base and Meridian, as shown by United States Government Survey, approved
October 11, 1895, more particularly described as follows:
BEGINNING at the intersection of the Westerly line of Lot C (Tamarisk Avenue) of
Araby Tract, as shown by Map on file in Book 13 page 61 and 62, of Maps, Records of
Riverside County, California, with the North line of said Government Lot 3;
THENCE North 89°53' West along the North line of said Government Lot 3, 174 feet,
more or less, to the most Easterly corner of that certain parcel of land conveyed to Reese
O. Snowden and Gertrude B. Snowden, his wife, by deed recorded October 23, 1936 in
book 299 page 563 of Official Records of Riverside County, California;
THENCE South 48'01' West along the Southeasterly line of said parcel conveyed to
Reese C. Snowden and wife, to a point which bears North 26°21'55" West to the most
Westerly comer of said Lot D (Palo Verde Drive) as shown by said map of Araby Tract;
THENCE South 26°21'55" East to the most Westerly corner of said Lot D;
THENCE North 63°38'05" East 534.83 feet;
THENCE on a concave to the Northwest, with a radius of 480.63 feet, through an angle
of 23°24' 171.79 feet; the last 2 courses and distances following along the Northwesterly
line of said Lot D;
THENCE North 42°14'05"East 21.11 feet;
THENCE on a concave to the Northwest, with a radius of 172.96 feet, through an angle
of 40002'120.85 feet;
THENCE North 00012'05" East 225.06 feet, to the Point of Beginning; the last 3 courses
and distances following along the Westerly line of said Lot C.
I1
EXHIBIT F'B
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