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Cq<rFOR��p CITY COUNCIL STAFF REPORT
DATE: November 2, 2005 New Business
SUBJECT: ACCEPTANCE OF A GIFT OF 16.98 + ACRES OF LAND FROM THE
SUZANNE D. PARISH REAL ESTATE TRUST FOR THE PURPOSE OF
PRESERVING THE LAND AS NATURAL OPEN SPACE
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
This gift of open space land in the Araby Wash and Araby Cove area increases the
City's considerable inventory of natural open space land in the mountain areas. These
parcels include land adjacent to the Araby Wash upstream from Araby Road as well as
land adjacent to the hillside.
RECOMMENDATION:
CITY COUNCIL RECOMMENDATION:
1. Adopt Minute Order No. "AUTHORIZING THE CITY CLERK TO
ACCEPT A GRANT DEED FROM THE SUZANNE D. PARISH REAL ESTATE
TRUST for 16.98 + ACRES IN THE ARABY COVE AND ARABY WASH AREA
FOR THE PURPOSE OF PRESERVING THE LAND AS NATURAL OPEN
SPACE.
STAFF ANALYSIS:
Staff began discussion in August, 2005 by a private party regarding a potential
gift to the City of open space land in the Araby Cove area. The resident was interested
in purchasing a small group of historic rock structures consisting of a small house, horse
barn, and pool/outdoor recreation area from the current owner, the Suzanne D. Parish
Real Estate Trust. As part of the private buyer's negotiation with Ms. Parish, it became
clear that Ms. Parish desired to preserve the rock houses mentioned above as well as
the undeveloped land surrounding it, with the possibility that there could be as much as
25 or so acres of additional adjacent property worth conserving as natural open space.
Item No. 5 . A*
City Council Staff Report
November 2, 2005 -- Page 2
Gift of Open Space Land
These parcels included some hillside land as well as a portion of the Palm Canyon
Wash.
The buyer's original question to Staff was which organization would be best
suited to maintain the land in its current undeveloped state in perpetuity. The City of
Palm Springs is suited to the task for the following reasons:
1. The City is already the owner of thousands of acres of open space land, which is
in excess of 2,600 acres, primarily in the San Jacinto but also in the Santa Rosa
Mountains. While much of this open space land was dedicated to the City by
private owners, the City has also acquired some land through direct purchase.
Typically the Grant Deeds on the property protect it to "be retained exclusively as
natural open space and be managed and maintained as such, in perpetuity."
2. The City is also undertaking a comprehensive effort right now to develop ways to
more protect some alluvial fans, hillsides and mountain land even more
aggressively. This includes a proposal from the Citizens' Task Force for
Mountain and Foothill Preservation and Planning for the City to possibly
purchase the Palm Hills project, located over the ridge from the property.
3. As a governmental entity the City is more likely to be in existence for a longer
period of time than a non-profit; in addition, gifts made to governmental entities
do qualify for tax exemptions. It is also simpler to make a gift to the City than to a
State agency, which has more cumbersome procedures.
Typically, permanent deed restrictions prohibiting development are recorded
against all of the properties involved. The proposed restriction for these parcels is:
This grant deed is made in consideration of the covenant of the GRANTEE that
the property conveyed hereby shall, with the exception of trails and paths, be
retained exclusively as natural open space and be managed and maintained as
such, in perpetuity. In the event of any type of construction or development on
the property, other than trails and paths, or in the event it is not be managed or
maintained by the GRANTEE as natural open space, this deed shall be null and
void and the estate hereby conveyed shall revert to and shall immediately be
revested in the GRANTOR, or its heirs, successors and assigns.
Staff proposed that the Suzanne D. Parish Real Estate Trust grant the
undeveloped acreage to the City of Palm Springs; as part of that overall transaction, the
Trust would then make a separate deal with the private buyer to sell her the rock house,
other structures and adjacent land, up to 3 acres in a newly created parcel. These are
shown on the attached map as parcel 510-270-003. The private buyer will hire the civil
engineer at her cost to create a legal description of the separated parcels, which the
City could split into two parcels via Grant Deed. This mechanism would be unavailable
City Council Staff Report
November 2, 2005 -- Page 3
Gift of Open Space Land
to a private party if the gift went to a non-profit, as the split would have to go through the
subdivision process.
There is particular interest in getting the land adjacent to the Palm Canyon Wash,
as waterways are typically under public ownership. Staff has confirmed that the deed
restrictions will not impair the City's or Flood Control District's ability to maintain the
wash for flodd control purposes. The private ownership of other segments of the wash
has created some problems for the City over the past few years and it is desirable to
have it under public ownership.
There were, however, several issues that needed to be addressed before Staff brought
the item the forward to the Council for approval, including:
1. Access to the "rock house" property. There is an unpaved pathway from
Smokewood to the rock house property as well as a private road owned by
the neighbor. Once the rock house property is split from the larger parcel, the
buyer will need to demonstrate that she has legal access to the property,
either via the private road or the unpaved path. This is required to make the
new parcel a legal lot. The issue was resolved by the discovery and review of
a Consent to Use of Land signed by the owner and recorded against his road
that grants the rock house property permanent use of it. That consent was
ordered by the Superior Court in a judgment against the owner. There will be
no easement from Smokewood to the rock house, since the grantor will not
consent to it. All parties would agree that the pathway functions more as a
trail and should remain unpaved.
2. Easement for flood control purposes on any land granted in the Palm Canyon
Wash. The Grant Deed requires that the City maintain the wash in an
undeveloped state, though the wash does remain a water course and will
need to be maintained as such so the deed restriction should reflect our need
to maintain the wash. It is possible that the Riverside County Flood Control
District could have an existing flood control easement over the wash property,
and the central channel of the wash shows as a separate parcel. Such an
easement will turn up in the title report and plotted easements.
3. The horse property. The rock structures were constructed in the 1930's and
were, at the time, legally used as horse property. The buyer would like to
keep a horse in the barn there from time to time. Planning will need to look
up the historic zoning maps to make the determination the structures were
legally considered horse property when built; the property was quite obviously
used for horses for many years. The buyer will still need to figure out how
she'll get a horse trailer down the steep private road.
4. Preserving the rock structures. That issue is between the buyer and the
grantor (seller). All of the structures are unique enough to warrant saving.
City Council Staff Report
November 2, 2005 -- Page 4
Gift of Open Space Land
5. The lot split. The buyer has hired a civil engineer to create a legal description
of the parcel she wants to purchase from the Parish Trust. As a public
Agency, the City can legally effectuate the split the property into two parcels
via Grant Deed, either as the Grantor or Grantee. The remainder rock house
parcel will then be held by the Trust and sold separately to the buyer.
6. The Agreements. The form of the Grant Deed is included as an exhibit. The
City Clerk would then attach an Acceptance of Grant Deed before recording.
The transaction will also go through an escrow. The minute order gives the
City Clerk the authority to accept the grant deed, and gives the City Manager
the authority to sign all documents necessary to effect the transaction.
7. Escrow and title. The escrow and title fees will be split along the usual and
customary lines.
8. Terms of the actual gift. The actual gift is approximately 16.98 acres, more or
less. There could be some variance based on the new property line creating
the 3 acre rock house parcel.
Staff has toured the property and feel that the land represents a unique opportunity for
the City to conserve some very unique open space in an area that, like the rest of the
City, is feeling development pressure. Staff has attempted to avoid creating new
problems through our actions, though, such as creating a land-locked substandard lot
without access or restricting the use of a flood control waterway such that it can't be
maintained for flood control purposes. The grantor has been accommodating on those
issues. This meets all parties' goals of saving the land from development and
preserving it as open and undeveloped space. f
FISCAL IMPACT: IFinance Director Revie �-;
The cost to the City would be a split of the escrow and,d6;ing costs, which should be
under $2,000. The engineering costs are covered by the buyer.
OHN . R Y OND, OMAS J. WSON,
irqot,6 of Co munity & Economic Development Assistant City Manager -
- Development Services
DAVID H. READY,
City Manager
Attachments: Map, Form of Grant Deed
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FORM OF GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Springs
3,200 Tahquitz Canyon Way
Palm Springs, CA 922262
Attention: City Clerk
(Space Above This Line For Recorder's Office Use Only)
(EXEMPT FROM RECORDING FEE PER GOV. CODE ' 6103)
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ronald N. Kilgore, Trustee of the Suzanne D. Parish Real Estate
Trust
hereby GRANT(S) to
THE CITY OF PALM SPRINGS, a California Charter City
the real property in the City of Palm Springs, County of Riverside, State of California,
described as:
_ACRES MORE OR LESS,ALL WITHIN THE CITY OF PALM SPRINGS, CALIFORNIA
MORE PARTICULARLY DESCRIBED IN EXHIBIT Al" SUBJECT TO THE FOLLOWING
RESTRICTIONS:
This grant deed is made in consideration of the covenant of the GRANTEE
that the property conveyed hereby shall, with the exception of trails and
paths, be retained exclusively as natural open space and be managed and
maintained as such, in perpetuity. In the event of any type of construction or
development on the property, other than trails and.paths, or in the event it is
not be managed or maintained by the GRANTEE as natural open space,this
deed shall be null and void and the estate hereby conveyed shall revert to
and shall immediately be revested in the GRANTOR,or its heirs, successors
and assigns.
Dated
By:
MINUTE ORDER NO.
AUTHORIZING THE CITY CLERK TO ACCEPT A GRANT
DEED FROM THE SUZANNE D. PARISH REAL ESTATE
TRUST for 16.98 + ACRES IN THE ARABY COVE AND
ARABY WASH AREA FOR THE PURPOSE OF
PRESERVING THE LAND AS NATURAL OPEN SPACE
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL RELATED DOCUMENTS
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this
Minute Order authorizing the City Clerk to accept a Grant Deed from the Suzanne D.
Parish Real Estate Trust for 16.98 + acres in the Araby Cove and Araby Wash area for
the purpose preserving the land as natural open space and authorizing the City
Manager to execute all related documents was adopted by the City Council of the City
of Palm Springs, California, in a meeting thereof held on the day of
2005.
James Thompson, City Clerk
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