HomeMy WebLinkAbout22462 - RESOLUTIONS - 4/15/2009 RESOLUTION NO. 22462
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF
PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF PROCEEDINGS AND ACCOUNTING FOR
THE PUBLIC NUISANCE ABATEMENT LIEN AND
SPECIAL ASSESSMENT LOCATED AT 2500
WHITEWATER CLUB DRIVE.
WHEREAS, from November 2006 through July 2008, the Code Enforcement
Department of the City of Palm Springs conducted numerous site inspections, issued
notices of violation and administrative citations resulting from the public nuisances
found to exist on the property described as 2500 Whitewater Club Drive, Palm Springs,
California, notifying the owners to abate the public nuisances within 30 days of the
citation and/or violation; and
WHEREAS, following the expiration of 30 days after the third administrative citation
provided notice to the owner and other interested parties concerning the City's Notice of
Violation and Order to Abate, the City of Palm Springs applied for and obtained an
Abatement Warrant (Warrant No. ISW7183) from the Riverside County Superior Court
on July 25, 2008, that was issued by the Honorable Randall D. White, Judge of the
Superior Court; and
WHEREAS, on and between July 28, 2008, and September 25, 2008, the City of Palm
Springs, through its City staff and City contractors, executed the Abatement Warrant on
the property described as 2500 Whitewater Club Drive, Palm Springs, California, and
thereby labored to remove all public nuisances existing on said property; and
WHEREAS said property is shown as Assessor's Parcel Nos. 501-190-002-2, 501-190-
011-0, 669-480-027-6, and 669-590-066-1 on the Legal Description (attached hereto as
Exhibit "A"); and
WHEREAS the Director of Building and Safety has reported that notices required in
accordance with Chapter 11.72 of the Palm Spring Municipal Code have been given
and that the owner and other interested parties have refused to comply; and
WHEREAS pursuant to said Code and Division 13, part 1.5 of the Health & Safety
Code, Title 4, Division 3, Part 2, Chapter 10, Article 6 of the Government Code and
California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of
California, the City thereupon abated the public nuisance located on the property
described above.
Resolution No. 22462
Page 2
THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the City Council hereby approves the Report of Proceedings and
Accounting (attached hereto as Exhibit "B") of the costs in the total amount of
$60,443.00.
SECTION 2. That a special assessment lien in the amount of $60,443.00 is hereby
imposed upon the property hereinabove described.
SECTION 3. That a certified copy of this Resolution, together with a certified copy of
the Notice of Lien and the Report be filed with the Riverside County Auditor-Controller's
office.
SECTION 4. That the Riverside County Auditor-Controller is respectfully requested to
enter the amount of the assessment on the County Tax Roll opposite the parcel of land
referred to, and that thereafter said amount shall be collected at the same time and in
the same manner as ordinary municipal taxes.
SECTION 5. That a certified copy of this Resolution, together with a certified copy of
the Notice of Lien and the Report shall be recorded with the Riverside County
Recorder's office.
ADOPTED this 151" day of April, 2009.
David H. Ready, ager
ATTEST:
mes Thompson, City Clerk
Resolution No,22462
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22462 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15th day of April, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None,
ABSENT: None.
ABSTAIN: None.
L
' es Thompson, City Clerk 014 y 0�.2oa9
ity of Palm Springs, California
EXHIBIT"A"
(LEGAL DESCRIPTION)
PARCEL 1:
THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
A. DESERT PARK ESTATES NO. 10, AS PER MAP RECORDED IN BOOK 33, PAGE(S) 20 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. RANCH COUNTRY CLUB ESTATES NO. 1, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64
OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
C. TRACT NO. 4362, AS PER MAP RECORDED IN BOOK 70, PAGE(S) 89 AND 90 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
D. TRACT NO, 4326-1, AS PER MAP RECORDED IN BOOK 81, PAGE(S) 29 AND 30 OF MAPS,IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
E. TRACT 9317, AS PER MAP RECORDED IN BOOK 91, PAGE(S) 44 AND 45 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
F. TRACT 14029, AS PER MAP RECORDED IN BOOK 112, PAGE(S) 61 AND 62 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL.2:
LOT 1 OF RANCH COUNTRY ESTATES NO. 1, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3:
PARCEL 1 OF THAT LOT LINE ADIUSTMENT NO. 02-12 RECORDED FEBRUARY 26, 2004 AS
INSTRUMENT NO. 2004-134481 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND, SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, LYING OVER A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36;
THENCE, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 36, NORTH 00 12' 43"
EAST 420.46 FEET,
THENCE, LEAVING SAID NORTH-SOUTH CENTERLINE NORTH 89° 59' 13"WEST 88.65 FEET,
THENCE NORTH 380 42' 39"WEST 476.26 FEET;
THENCE NORTH 47°46' 07"WEST 450.07 FEET;
THENCE NORTH 610 23' 04" WEST 329.68 FEET;
THENCE NORTH 280 04' 13"WEST 200.02 FEET;
THENCE SOUTH 800 57' 45"WEST 440.06 FEET;
THENCE SOUTH 75Q 05' 43" WEST 318.05 FEET;
THENCE SOUTH 580 00' 55"WEST 386.18 FEET;
THENCE SOUTH S° 14' 30" EAST 769.65 FEET TO THE INTERSECTION OF A LINE PARALLEL TO
AND 554.00 FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, TO THE WEST LINE OF
SAID SECTION 36, WITH A LINE PARALLEL TO AND 300.00 FEET NORTHERLY, WHEN
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 36;
THENCE, ALONG SAID LINE PARALLEL TO THE WEST LINE OF SAID SECTION 36, SOUTH 00 15'
30"WEST 300.00 FEET,TO THE SOUTH LINE OF SAID SECTION 36;
THENCE,ALONG SAID SOUTH LINE OF SECTION 36, SOUTH 890 45' 52" EAST 2,100.33 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE, ALONG THE SOUTH LINE OF SAID SECTION 36, SOUTH 890 45' 52" EAST 814,00
FEET;
THENCE, LEAVING SAID SOUTH LINE, PARALLEL TO THE WEST LINE OF SAID SECTION 36,
NORTH 00 15' 30" EAST 300.00 FEET TO A LINE PARALLEL TO AND 300.00 FEET NORTHERLY
OF SAID SOUTH LINE OF SECTION 36 AND THE TRUE POINT OF BEGINNING;
THENCE, ALONG SAID LINE PARALLEL TO THE SOUTH LINE OF SECTION-36, SOUTH 890 45' 52"
EAST 716.85 FEET;
THENCE, LEAVING SAID PARALLEL LINE, SOUTH 890 35'48" EAST 417.44'FEET;
THENCE SOUTH 880 10' 53" EAST 316.61 FEET,
THENCE NORTH 490 27 44" EAST 107.85 FEET;
THENCE NORTH 450 27 43"WEST 330,33 FEET,
THENCE NORTH 920 49' 28"WEST 18.54 FEET,
THENCE NORTH 530 11' 47"WEST 872.71 FEET;
THENCE SOUTH 740 57' 13" WEST 523.72 FEET,
THENCE SOUTH 00 08' 38"WEST 30.73 FEET,
THENCE SOUTH 72°41' 33" WEST 113.63 FEET;
THENCE SOUTH 30 29' 01" EAST 610.32 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4;
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHEAST
QUARTER;
THENCE SOUTH 890 52' 00" EAST, ALONG THE SOUTH LINE OF SAID SOUTH HALF OF THE
SOUTHEAST QUARTER, A DISTANCE OF 240.00 FEET;
THENCE NORTH 700 00' 00"WEST, 105.00 FEET;
THENCE SOUTH 750 12' 28" WEST, 59.03 FEET;
THENCE NORTH 310 00' 00" WEST, A DISTANCE OF 163.00 FEET, TO A POINT ON THE WEST
LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER;
THENCE SOUTH 00 06' 30" WEST, ALONG SAID WEST LINE, A DISTANCE OF 160.00 FEET TO
THE POINT OF BEGINNING.
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF
THIS REPORT WOULD BE AS FOLLOWS:
A. GENERAL AND SPECIAL PROPERTY TAXES, AND ANY ASSESSMENTS COLLECTED WITH
TAXES, INCLUDING UTILITY ASSESSMENTS, ARE A LIEN NOT YET PAYABLE TO BE
LEVIED FOR THE FISCAL YEAR 200812009.
B. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007,2008,
AMOUNT TO REDEEM PRIOR TO DULY 31, 2008: $8,817.30
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2008: $8,935.45
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30, 2008: $9,053.60
CODE NO.: 011-059
PARCEL NO.: 501-190-002.2
C. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-2008.
AMOUNT TO REDEEM PRIOR TO JULY 31,2008: $27,518.83
AMOUNTTO REDEEM PRIOR TO AUGUST 31, 2008: $27,888.57
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30, 2008: $28,258.31
CODE NO.: 011-005
PARCEL NO.: 501-190-011-0
D. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR RON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-2008.
AMOUNT TO REDEEM PRIOR TO JULY 31, 2008: $8,964,99
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2008: $9,085.13
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30, 2008: $9,205.27
CODE NO.: 011-011
PARCEL NO.: 669-480-027-6
E. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007/2008.
AMOUNT TO REDEEM PRIOR TO JULY 31, 2008: $134.27
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2008: $135.61
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $136.95
CODE NO.: 011-062
PARCEL NO.: 669-590-066-1
EXHIBIT "B"
PROCEEDINGS AND ACCOUNTING REPORT
PUBLIC NUISANCE ABATEMENT
I LOCATION/LEGAL: See Exhibit"A" attached hereto.
Assessor's Parcel Numbers: 501-190-002-2, 501-190-011-0, 669-480-027-6,
669-590-066-1
Address: 2500 Whitewater Club Drive, Palm Springs, California
II OWNER OF RECORD: Palm Springs Country Club Investments, LLC
30900 Rancho Viejo Rd., Suite 100
San Juan Capistrano, CA 92675
Note: The LLC is comprised of 92 individual investors
and National Financial Lending, and is managed by
Point Center Financial, which is also responsible for
maintenance of the property located at 2500
Whitewater Club Drive, Palm Springs, California.
III PROCEDURE:
A. Public Nuisance Posting: 01/02/2008, 02/11/2008, 03/10/2008, 06/03/2008
B. Non-Compliance: 11/9/2007 through present
C. Bid Solicitation: 07/28/2008, 8/18/2008, 9/18/2008
D. Obtain Abatement Warrant: 07/25/2008, 08/11/2068, 08/27/2008, 09/11/2008
E. Abatement Work Complete: 09/25/2008
F. Notice of Special Assessment: 03/30/09
IV: ACCOUNTING:
Abatement: $ 8,775.00
Administrative: $ 24,745.00
City Attorney: $ 26,923.00
Total: LWAAM0
r
XNWDUKWORTH, CBO
Director of Building& Safety