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HomeMy WebLinkAboutTT 5565 PORTOLA AVENUE IRONWOOD COUNTRY CLUB 1977 CITY Phi¢ M DESERT. -- ` � •.-�'! y" y�'`�'S 45-2'!5 FRiCY.LY PEAR, PALM DESERT CA.92260(714)346-0611 z DEPARTFOENT OF ENVIRONPAENTAL SERVICES APP. NO. PLANNING DIVISIOfq DATE REC, boo nior wlrirE stir mis SPA 0EI i APPLICANT (1`1�>ase prin%t) - t@ Silver Spur Associates, by Ironwood Corp. , Managinn Partner, R. L. Spicer, President (NAli, - -- - - y e P. 0. Box 1727. — (714) 346-0551 -- -------- -- (Mailing address) _..—---(Te--- - a lephane)v I Palm Desert, Calif. 92260 (City 1 - Sfafe ----- -- - (Zip-Cods) --------------------- Request:(describe specific nature of Gpproval requested) Approval of Tentative Map Tract 5565 (Ironwood Country Club) 1 i Property Descrip,"wrl: Portion of Section 32, Township 5 South, Range 6 East, San Bernardino Base & Meridian. Cssesso—r Carce; No, ---- Existing Zoning --- 631-250-002,008,011 PR - 7 631-270-008,O1$ Existing Gon. Pion Designs vion Medium Density Residential Property Owner Authorization: The undersigned states that they are the owner(s) of the properfydescribod herein and hereby authorizafiol,` r Ile fi ing of this application. y give — June 6, 1977 _ __ ignature Date Agreement Absolving the City of Palm Desert of all liabilities relativo to any Deed Restrictions. I DO BY MY SIGNATURE ON THI$ AGRE MENT, absolve the City of Palm Desert of all liabilities regarding any deed ( restrictions that may be applicable to the property described herein. June 6, 1977 t i nature• --- Date 4pplicant s Signature June 6, 1977 Ign r6 Date (for staff use only) ENVIRONMENTAL STATUS )] MINISTERIAL ACT - Accepted by: , E.A. 0 CATEGORICA EXEMPTION I] NEGATIVE DECLARATION ^//�� �` ((��I� cL OTHER . CASE IV0. Tr� S'S'`S 'NOTE: APPLICANT MUST ALSO COMPLETE RELATED SUPPLEMENTAL APPLICATION. Reference Case No. -� ORIGINAL FILE COPY 1,1Y RECEIVED BEFORE THE DEPARTMENT OF REAL ESTATE ENVIRONMENTAL SERVICES OF THE CITY OF PALM DESERT STATE OF CALIFORNIA TELEPHONE NUMBER (213) 620-2700 In the matter of the application of PRELIMINARY SUBDIVISION PUBLIC REPORT SILVER SPUR ASSOCIATES, A General Partnership FILE No. 413o3 For a Preliminary Subdivision Public Report on ISSUED: DECEMBER 19, 1977 TRACT NO. tO ) "IRONWOOD" EXPIRES: DECEMBER 18, 1978 RIVERSIDE , CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This is a Preliminary Subdivision Public Report which permits the taking of reservations to purchase or lease a lot or parcel in this subdivision under the following conditions: (1) such reservations must be subject to the approval of the final public report by the proposed purchaser; (2) any valuable consideration Involved must be placed in a neutral esc i row depository subject to withdrawal by the proposed purchaser at any time without deductions and an option to cancel his reservation at any time until he approves the final public report; and (3) a copy of the reservation agreement signed by the prospective purchaser and by the subdivider or his agent must be placed in the escrow. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. i INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGE SIX OF THIS REPORT. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, martial status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination,distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes thati a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. The Filing of This Subdivision With the Department of Real Estate is Incomplete. Do Not Enter Into a Binding Contract to Purchase Until You Are Furnished a Final Subdivision Public Report. Read the Information on the Following Pages. R/E Form 620 10/76 i THE FILING OF THIS SUBDIVISION WITH THE DEPARTMENT OF REAL ESTATE IS INCOMPLETE IN THE FOLLOWING RESPECTS : Copies of the recorded map , title report issued subsequent to recordation of map , recorded Declaration of Restrictions , Articles of Incorporation with evidence of filing with Secretary of State , an Engineering Report on Filled Ground , a report on Geological Conditions , and financial ,guarantees , have not yet been submitted . The budget for the management association has not yet been approved . SPECIAL NOTES THIS REPORT COVERS ONLY RESIDENTIAL LOTS 1 THROUGH 37 AND COMMON AREA LOTS A, C , D , E . F , A-A and BB . THIS PROJECT IS A PLANNED DEVELOPMENT . IT INCLUDES COMMON AREAS TND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ' ASSOCIATION , THE IRONWOOD OWNERS ' ASSOCIATION VII . THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES . YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS . YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION , AN INCORPORATED ASSOCIATION . THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E , H , J , K, L , P , AND Q , OF THE MAP : IN- CLUDED AS EXHIBIT "A" TO THE CONDITIONAL USE PERMIT NO. 1382 . THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE MERIDIAN , FOR OPERATION OF SECURITY GATES , AND FOR OPERATION OF OTHER SECURITY SERVICES IN THIS AREA . THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED . IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB , ADJACENT TO THIS PROJECT , THEY CAN APPLY FOR MEMBER- SHIP . PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS , ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES , DUES , MANAGEMENT OF CLUB , AND TRANSFERANCE AND TERMINATION OF MEMBER- SHIP . MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT . THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS . THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS , BEGINNING NOVEMBER 30 , 1972 . THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS . SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD . FILE NO . 41303 ( Preliminary ) -2- of 6 pages C' THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION , RESTRICTIONS , AND BYLAWS , BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW . THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS , PRIVILEGES , USE , OBLIGATIONS , AND COSTS OF MAINTENANCE AND OPERATION . YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS , UTILITIES AND RELATED DATA . THE AGREEMENT YOU WILL SIGN TO RESERVE A LOT IN THIS SUB- DIVISION DOES NOT BIND THE SELLER TO SELL AT PRICES IN EFFECT OR QUOTED TO YOU AT THE TIME YOU ENTER INTO A RESERVATION AGREEMENT . BY THE TIME THE FINAL SUBDIVISION PUBLIC REPORT IS ISSUED TO THE DEVELOPER THE ACTUAL PURCHASE PRICE MAY INCREASE ON SOME OR ALL THE LOTS IN THIS SUBDIVISION . WARNING : WHEN YOU SELL YOUR LOT TO SOMEONE ELSE , YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS , THE ARTICLES OF INCORPORATION AND THE BYLAWS . IF YOU FORGET TO DO THIS , IT MAY COST YOU A PENALTY OF $500 . 00 , PLUS ATTORNEY ' S FEES , PLUS DAMAGES . (SEE CIVIL CODE SECTION 1360 . ) INTERESTS TO BE CONVEYED : You will receive fee title to a specified lot, together with a membership in Ironwood Owners ' Association VII , and Ironwood Master Maintenance Association and rights to use the common area . LOCATION AND SIZE : In the City of Palm Desert. This Project consists of approximately 13 . 3 acres divided into 37 residential lots and commonarea which consists of Lots A, C , D , E , F , A-A and B-B on which community facilities consisting of walkways , 3 swimming pools and jacuzzi ' s , 3 cabanas with wet bar, barbecue and ice maker, and landscaped areas will be constructed . Lot A is a private street . This lot will continue to be owned by the subdivider. However , a non-exclusive easement , in perpetuity , lien free , will be granted to the Ironwood Master Maintenance Association for the benefit of all owners . MANAGEMENT AND OPERATION : The Ironwood Owners ' Association VII and Ironwood Master Maintenance Association , which you must join , manages and operates the common areas in accordance with the Restrictions , Articles of Incorporation and By-laws . FILE NO . 41303 ( Preliminary) -3- of 6 pages MAINTENANCE AND OPERATIONAL EXPENSES : According to the subdivider ' s estimate of expenses for maintenance and operation of the project , your monthly assessments for the . Ironwood Owners ' Association VII will be $188. The subdivider should furnish you a copy of the budget . A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the Master Association . A bond has been posted for a 3-year period to guarantee such payment . In addition to your assessments for Ironwood Owners ' Association VII , there is presently a monthly assessment of ,$6 . 00 per lot for the Ironwood Master Maintenance Association . Thereafter, each owner, including Declarant and the owners of the golf and tennis facilities, will be accessed prorata based upon the number of votes allocated to owners in accordance with the provisions of the recorded restrictions . The subdivider estimates that by the end of said three-year period the road system and gates to be controlled by the Master Association will have doubled and the costs will , at least , be correspondingly doubled . The total monthly assessments for each lot owner in this Phase is $194 . 00 . IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT , YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE . The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R ' s or Bylaws . In considering the advisability of a decrease in assessments , care should be taken not to eliminate amounts attributable to reserves for replace- ment or major maintenance . THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE . EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY , MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST .OF LIVING . Monthly assessments will commence on all lots (numbers 1 through 37) during the month following the closing of the first sale of a lot . From that time , the subdivider is required to pay the association a monthly assessment for each lot which he owns . The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R ' s . These remedies are available against the subdivider as well as against other owners . The subdivider will post a bond as partial security for his obligation to pay these assessments . The governing body of the association should assure FILE NO . 41303 ( Preliminary) -4- of 6 pages itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security . RESTRICTIONS : This subdivision will be subject to restrictions recorded in the Office of the Riverside County Recorder , January 10 , 1974 , as Instrument No . 3849 , and Declaration of Restrictions to be recorded . TAX ESTIMATES : If the subdivider is unable to give you the current tax information , you may approximate your taxes as follows : TAKE 25% OF THE SALES PRICE , DIVIDE BY 100 , AND THEN MULTIPLY BY THE TOTAL TAX RATE . THE TAX RATE FOR THE 1977-78 FISCAL YEAR IS $11 . 334 . THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS . FOR EXAMPLE , ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE . CONDITIONS OF SALE : If your purchase involves financing , a form of deed of trust and note will be used . These documents contain the following provisions : An acceleration clause . This means that if you sell the property , the lender may declare the entire unpaid loan balance immediately due and payable . A prepayment penalty . This means that if you wish to pay off your loan in whole or in part before it is due , you may be required to pay an additional amount as a penalty in accordance with the terms of the loan . A late charge . This means that if you are late in making your monthly loan payment , you may have to pay an additional amount as a penalty . RESERVATION MONEY HANDLING : If you reserve a lot , the subdivider must place all funds received from you in a neutral escrow at the Bank of America National Trust and Savings Association , 73-833 Highway 111 , Palm Desert , California . SEWAGE DISPOSAL : The subdivider advises that there is presently a sewer service charge of $5 . 00 per lot per month . STREETS AND ROADS : The streets within this subdivision are private . All repair and maintenance of the private streets will be the responsibility of the Ironwood Master Maintenance Association . PUBLIC TRANSPORTATION : Regularly scheduled public transportation service is not available . FILE NO . 41303 ( Preliminary) -5- of 6 pages i SCHOOLS : Students will be served by the Desert Sands Unified School District . The schools of attendance , locations and distances from the project are as follows : Washington Elementary School ( K-2) , 45768 Portola , Palm Desert , 2 . 3 miles ; Lincoln Elementary School ( 3-5) , 74100 Rutledge , Palm Desert , 3 .6 miles ; Palm Desert Middle School ( 6-8) , 74100 Rutledge , Palm Desert , 3 . 8 miles ; Indio High School ( 9-12 ) , 81750 Avenue 46 , Indio , 11 . 3 miles . Free bus transportation is available to all the aforesaid schools . NOTE : This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments , facilities and bus service . SHOPPING FACILITIES : Complete shopping facilities are located approximately two miles north of the project at the corners of Portola Avenue and E1 Paseo ani Highway 111 . For further information in regard to this subdivision , 'you may call ( 213) 620-2700 , or examine the documents at 107 South Broadway , Room 8136 , Los Angeles , California 90012 . FILE NO . 41303 ( Preliminary) -6- and last I �m 555q ( J NO ES 73 / `✓� /�sSociQ/es PiG?rox• gnea AIVmAa- Q. F/eCfriC Irv« 7/y,--`` .i r7aS 4 SOp Cd. 1 f�f7 $iti/�a Grp/f T�O �. wed larw� /,(se Ex�.St/ram c''o��• l�n�'d ��'�/.0T4'! �vL�ld f,�v.)diE+rc.F oP f"� car Prboas� ar G'U, Case / 92 /� LOr �rf�//���j.7r. "f,"„g1�'orl/� % Gr/aM ,�Ccl.'SS Lrps�9r1jG17 fib '�• 4// ati//j/e../ro1sVr'�}d! illirio/ 4ccess EAre /`S/�l// be /rl:S/9//e4` G� ' A rO ' glCbilb�fdrp� J ram . SAFECO TITLE INSURANCE COMPANY iSAPECO 3525 14TH STREET, P.O. BOX 111, RIVERSIDE, CALIFORNIA 92501 • (714) 684-1400 TITLE June 6, 1977 Mr. Don Shayler Pacific Rim Engineers 73-893 Highway 111 Palm Desert, Ca. 92260 Mr. Shayler: This is to certify that according to information provided ' by the Riverside County Assessor' s Office the following list covers all the property owners within a 300 foot radius of the property in question. nk you. Diane G. C rbell Customer Se vice MEMBER: AMERICAN LAND TITLE ASSOCIATION CALIFORNIA LANO TITLE ASSOCIATION 631-250-001 --,/✓Silver Spur Associates PO Box 1727 / Palm Desert 631-250-002 ✓ v Silver Spur Associates ^� 48870 Portola Ave. / Palm Desert 631-250-011 ✓/ Silver Spur Associates 48870 Portola Ave. Palm Desrt 631-250-013 / Silver Spur Associates 48870 Portola Palm Desert 631-461-001 thru / -013 ✓ Silver Spur Associates 48870 Portola Palm Desert 631-461-069 Z'Ii'-�-Tronwbod Owners-Assn--III 48-870 Portola / Palm Desert 631-461-071 ,� V Silver Spur Associate 48870 Portola Palm Desert 631-462-008 Silver Spur Associate 48870 Portola Palm Desert / 631-442-009 Silver Spur Associates Attn A.N. _Campbell 607 S0-Hobard Blvd. �> r L. , Ca. 90005 �,G.-Q. �- 631-442-010 Silver Spur As ocart�s e� S 627 Visa ita Ne Beach, Ca. 92660 631-442-011 Poliquin, Raymond A. 1-1--9762 Brier Lane Santa Ana, Ca. 92708 631-442-012 i/ Cooper, Donald E. and Sarah L. 3662 Ingersoll .Ave. #414 Des Moines, Ia. 631-442-013 Silver Spur Assoc ' s 610 Nei jc r-tester #1220 4,e�-NewpoTr Beach, Ca. 92660 ��0 G M 631-442-014 ��House of Imports Inc. 6862 Manchester Blvd. Buena Park, Ca. 90620 631-442-015 Silver Spur A iat� 9602 For -Ave. -j ' Sip eda, Ca. 91343 96oy �R 4 13 5C3 i 631-442-016 Longman, Ro and Caroln 510 3 ;"k port Beach, Ca.St. 92660 w-, v �. 631-442-017 _ F ettner, John R. , Jr. 73405 Dalea Lane Palm Desert 631-442-018 f ✓Laplaca, Salvatore G. and Alma 35 Royal Vale Dr. Oak Brook, Il. 60521 ` 631-442-019 / Lord, Willard R. 14856 Valley Vista Blvd. / Sherman Oaks, Ca. 91403 631-442-020 / Malzo, Raymond and Kristine ✓✓✓ 13-065 Mindanao Way Marina del Rey, Ca. 90291 631-442-021 -9-ilver Spur Associates 14755 No nue McPherson, Ks. 6 oA- — �, /ee- 67S�v 631-442-022 Silver Spur iates � /� , .,� -��„p/ 791 S se North 771 /zsL�y2 ✓/ n Falls, Id. 83301 631-442-023 SilveT Spur Ass�s c/o R. McKay Harmon and Co. PO Box 340 /Victoria, B.C. Canada V8W2N7 631-442-024 / Silver Spur ✓✓✓ 14672 erry Lane y S o�ga, Ca. 95070 �{b� Qn y,07° 631-442-025 p.ur--As.sQe-i-a"t-e=lej,~1 J�v_� 23812 Paseo del Campo Laguna Niguel, Ca. 92677 631-442-026 / ✓ Kincheloe, Lois S 48727 Phlox P1. Palm Desert a I-Al 631-442-027 ' �?�—Assee3ates- 52 Condolea .Ct. Lake Oswego, Or. 97034 631-442-028 town, James and Merrilyn �L, 73418 Foxtail Lane Palm- Desert 631-442-029 -' mr T^ � 4' s 9592 Juanita St. Cypress, Ca. 90630 631-442-030 ..fiver—Spin -As aoc-.aat,�s 9606 Santa Monica Blvd. Beverly Hills, Ca. 92260 631-442-031 / /Brown, James, Brownell, Robert, Devries, Ary and Constance et al 9454 Wilshire Blvd. Beverly Hills, Ca. 90212 631-442-032 / Waud, Morrison, and Anne ✓One First National Plaza Chicago, Il 60603 631-442-033 Evan,s Mary D. PO Box 2101 Palm Desert 631-442-034 Ironwood Owners Assn II / ✓ 48870 Portola Ave. t/ Palm Desert 631-442-036 / Silver Spur ;,-Assoc 48870 Portola / Palm Desert 631-270-004 / / Scott, Randolph and Patricia ✓✓✓ ✓ 499 N. Canon Dr. /Beverly Hills, Ca. 631-270-008 ,,,Beverly Silver Spur Associates VVV 48870 Portoal Ave. Palm Desert 631-270-015 IV-1 CVCWD 631-270-016 ✓ CVCWD Silver Spur Associates 73941 Hwy 111 Palm Desert w . 631-270-010 / Silver Spur Associates r/ 48870 Portola Palm Desert 631-270-018 / Silver Spur Associates ✓ 48870 Portola Palm Desert 631-270-023 ✓ / Silver Spur Associates 48870 Portola Palm Desert 631-270-022 / Silver Spur`,Associates ✓ ✓ 48870 Portola Palm Desert 631-110-010 ✓ / Silver Spur Associates 48870 Portola Palm Desert 631-47 / Silver Spur Associates 48870 Portola / Palm Desert 631-170-001 / ✓ Nolan, Alvasina VVV Ramir.a R. Richman 1211S. Palm Canyon Dr. Palm Springs 631-190-011 ✓ Cook, Hunter and Barbara 48271 Silver Spur Tr. Palm Desert Alvasina Nolan Richman Ramira 121 .S. Palm Canyon Dr. Palm Springs, CA 92262 Hunter & Barbara Cook 48271 Silver Spur Trail Palm Desert, CA 92260 Silver Spur Associates Larry Spicer 49-200 Mariposa Palm Desert, CA 92260 TT 5565 2 of 2 Silver Spur Associates John R. Huettner James H. & Alice Crockwell P. 0. Box 1727 73405 Dalea Lane 52 Condolea Ct. Palm Desert, CA 92260 Palm Desert, CA 92260 Lake Oswego, OR. 97034 Ironwood Owners Assn. III Salvatore G & Alma Laplaca James .& Merrilyn Brown 48-870 Portola 35 Royal Vale Dr. 73418 Foxtail Lane Palm Desert, CA 92260 Oak Brook, IL 60521 Palm Desert, CA 92260 Park Porsche Audi Corp. Willard R. Lord . Robert Park & Tommy L. Conlogue 607 So. Hobard Blvd. 14856 Valley Vista Blvd. 9592 Juanita St. Los Angeles, CA 90005 Sherman Oaks, CA 91430 Cypress, CA 90630 Attn: 'A. N. Campbell Gwendolyn & John Sayers Raymo & istine Malzo Valerie M. & Erik Watts 627 Vista Bonita 13-065 ao Way 9606 Santa Monica Blvd. Newport Beach, CA 92660 Mari Del ey, CA 90291 Beverly Hills, CA Raym A. iquin Patricia; & J.C. Gi•affre James b Brownell 9762 Br' ane Geo. & Carolee Nicholson . Ary & to Devries , Santa,/Ana, CA 92708 1475 No. Walnue 9454 Wils Blvd. McPherson, KN 67460 Bever ills, CA 90212 Donal4 E. & Sarah Cooper Janice & Paul Jones Morrison & Anne Waud 3662 Ingersoll Ave. #414 791 Sunrise North One First Natl Plaza Des Moines, IA Twin Falls, IDAHO 83301 Chicago, IL 60603 Alexander & Barbara Bowie. John Chew & James Crawford Mary D. Evans 610 Newport Center #1220 % Silver Spur Assoc. P. 0. Box 2101 Newport Beach, CA 92660 % R. Mc Kay Harmon & Co. Palm Desert, CA 92260 P. 0. Box 340 Victoria, B.C. Canada V8W2N7 House of Imports Inc. Leonard & Charles Buchwal'd Ironwood Owners Assn. II 6862 Manchester Blvd. 14672 Wildberry Lane 48870 Portola Ave. Buena. Park, CA 90620 Saratoga, CA 95070 Palm Desert, CA 92260 Barbara & David Brown Roy and Gallina Divel Randolph & Patricia Scott 9602 Forbes Ave. 23812 Paseo Del Campo 499 N. Canon Dr. Sepulveda, CA 91343 Laguna Niguel , CA 92677 Beverly Hills, CA Elizabeth & John Angelo Lois Kincheloe C.V.C.W.D. #40 Indian Rock Dam 48727 Phlox Pl . P. 0. Box 1058 York, PA 17403 Palm Desert, CA 92260 Coachella, CA 92236 TT 5565 1 of 2 March 17, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Fire Station Site at IRONWOOD Country Club Dear Members of the Council: As a consequence of recent discussions and a meeting with representatives of the City Staff and the County Fire Department, the attached drawing describes approxi- mately the location and configuration of a one acre fire station site which is hereby offered to the City of Palm Desert in accordance with the requirement of the conditions of approval for Tentative Tract 5565 . In addition to this site, Silver Spur Associates (Ironwood County Club) will: 1. Offer for dedication a 60 foot right-of-way from Portola Avenue northwesterly to Ironwood's north property line; and a 30 foot right-of-way therefrom along the north property line westerly to Alamo Drive. 2. Construct two lanes of pavement in the above-described right-of-way. 3. Construct a six foot high masonry wall on the east side of the fire station site for the purpose of screening the site from adjacent residences . The offer of a fire station site at this location and of the public roadway which provides a connection between Portola Avenue and the intersection of Alamo Drive and Mesa View Drive is feasible only if Portola Avenue becomes IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 The Honorable City Council -2- March 17, 1978 a private roadway from the fire station site westerly to Highway 74 . By the time you receive this letter, it is expected that a traffic -study will have been submitted to the City Staff containing an evaluation of present and projected traffic levels. Sincerely yours, SILVER SPUR ASSOCIATES, a General Partnership By: IRONWOOD CORPORATION, Managing General Partner By. Spicer, President enclosures RLS/j me F _ !' U. r''1) I i / 1, I 14 163 Ij 0 V C= 1 A0 Ac. Li �n rn �. i ;I l�.i�• _ \� :' .r�i i 7`:;-;.i Ova• �.ti- G. w O �f/aJEK�GNJsR�,'1�AJE✓J Q > /7 (/ A /3 /✓nLAn/ ro 0ANO,�ZA MA ,/NC. / 01 'h OPIroN ro raecYA3E f!� �l'A SUN Sue . rt // 2D SEZO'-GasGNeEsMJ ��� No7 Tti SG/aLL 3- I7-7� 'CA[. 643 S c; �;1 RECORDING REQUESTED BY AND WNEN RECORDED MAIL TO F Name Strwt Add—, City 6 stet. L SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Name CITY OF PALM DESERT DOCUMENTARY TRANSFER TAX 8..............................._.............-_......_... so-eel P. O. BOX 1977 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, AddreN OR COMPUTED ON FULL VALUE LESS LIENS AND Palm Desert, IC(a. 92260 ENCUMBRANCES REMAINING AT TIME OF SALE. City a Slefe J Signature of Declarant or Agent determining tax. Firm Name Corporation Grant Deed GD865' THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SILVER SPUR ASSOCIATE , a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the state of California, hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, the following described real property in the City of Palm Desert, County of Riverside , State of California: That portion of the Southwest quarter of the Northwest quarter of Section 32 , Township 5 South, Range 6 EAst, San Bernardino Base and Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, pages 39-42 of Records of Survey, Riverside County Records; THENCE South OD 44 ' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233. 47 feet; THENCE South 870 37' 17" West, 9. 78 feet; THENCE North 590 10 ' 46" West, 394. 72 feet to a point on a 544 foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 70 30 ' 2711 , 71. 28 feet to a point on the North line of said Parcel 1; THENCE North 89D 53 ' 22" West, along the North line of said Parcel 1, 409. 13 feet to the Point of Beginning. Containing 1. 10 acres, more or less. In Witness Whereof., said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by ifs President and Secretary thereunto duly authorized. SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Dated: Managing General Partner STATE OF CALIFORNIA, COUNTY OF SS' By On before me, the under- signed,a Notary Public in and for said County and State, personally By appeared , known President to me to be the President, and known to me to be Secretary of the Corporation that executed the By within Instrument, known to me to be the persons who executed the Secretary within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (Seal) Title Order No. Signature Name (Typed or Printed) File, Escrow or, Loan No. Notary Public in and for said County and State MAIL TAX STATEMENTS AS DIRECTED ABOVE •- Y RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Nam. Street Add... City A Slat. L J SPACE ABOVE THIS. LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Name F CITY OF PALM DESERT DOCUMENTARY TRANSFER TAX $..............................._.............._........... P. 0. BOX 19 7 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, SNeet OR COMPUTED ON FULL VALUE LESS LIENS AND Add—, Palm Desert, Ca. 92260 ENCUMBRANCES REMAINING AT TIME OF SALE. City 6 Slate J Signature of Declarant or Agent determining tax. Firm Name Corporation Grant Deed GD865` THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the state of California, hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, for the purpose of road right-of-way, the following described real property in the City of Palm Desert, County of Riverside ,State of California: That portion of the Southwest quarter of the Northwest quarter of Section 32 , Township 5 South, Range 6 East, San Bernardino Base and Meridian, described on SCHEDULE "A" attached hereto and made a part hereof. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and _ Secretary thereunto duly authorized. Dated: SILVER SPUR ASSOCIATES, a General STATE OF CALIFORNIA, ) Partnership, by IRONWOOD CORPORATION, COUNTY OF )SS. Managing General Partner On before m71777e, the under- signed, a Notary Public in and for said County and State, personally By appeared known President to me to be the President, and known to me to be Secretary of the Corporation that executed the By within Instrument, known to me to be the persons who executed the Secretary within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (Seal) Title Order No. Signature File, Escrow or Loan No. Name (Typed or Printed) � Notary Public in and for said County and State MAIL TAX STATEMENTS AS DIRECTED ABOVE July 5, 1978 Paul Williams , Director of Environmental Services City of Palm Desert P. O. Box 1648 Palm Desert, California 92260 Dear Mr. Williams: I am sending you a draft of the Agreement and Escrow Instructions for your review and approval. I have made some penciled changes, which in the interest of time I did not have retyped. After your review I will have the document retyped for presentation to the City Council next week. I am generally available to meet with you at your convenience to discuss any questions you may have. c rely,, ,r R. L. S icer Preside t enclosure RLS/jmc IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 AGREEMENT & ESCROW INSTRUCTIONS This Agreement and Escrow Instructions entered into as of the date hereinafter set forth by and between the City of Palm Desert, California (the "City") a municipal corporation and Silver Spur Associates, a general partnership by Ironwood Corporation, its managing general partner ("Ironwood") , is made in respect of the following facts: A. As conditions to the City' s approval of Tentative Tract Map for Tract No. 5565 , Ironwood is required to take certain action and, in consideration of such conditions , the City approved final tract maps for Tracts 5565-1 and 5565-2. B. The City and Ironwood desire to delete or modify certain of the conditions for approval of the maps for Tracts 5565-1 and 5565-2 , in consideration of the covenants and conditions herein set forth. C. To perform its obligations under certain of the conditions, obtain. a modification of its obligations under other conditions and perform at least in part anticipated future obligations to dedicate park land, all as more fully set forth herein~ Ironwood is willing to convey to the City , subject to the reservation of easements and sat�i-faction of the City' s obligations hereunder, certain land for use as a fire station, public .roadway and park and to construct certain improvements hereinafter set forth. Now therefore in consideration of the premises and the mutual covenants and conditions herein contained, the City and Ironwood agree as follows : 1. Conveyance of Land; . Reservation. of Easements. Ironwood agrees to convey, upon close of the escrow hereinafter referred to, to the City: (a) That certain real property consisting of (i) a triangular parcel of 1. 10 acres, more or less, for a fire station to be constructed and maintained by the City and (ii) those two strips of real property, respectively ' feet and feet wide , consisting of 1. 89 acres , more or less , , for roadway purposes as all such real property is more particularly described on the forms of Grant Deed attached as Exhibits A and B, said conveyance to be'. by Grant Deeds substantially in the form of Exhibits A and B. (b) That certain real property consisting of 15. 3 acres, more particularly described on the form of Grant Deed attached as Exhibit C, said real property to be used for park purposes and said conveyance to be by Grant Deed substantially in the form of Exhibit C, reserving to Ironwood the easements therein set forth. 2 . Other Obligations of Ironwood. In addition, Ironwood shall, by the earlier of (i) the date Tract -2- A' 5565 is completed or (ii) three years after close of the Escrow (unless prevented by acts of God, strikes or other occurrences not within Ironwood' s control in which event Ironwood shall have a reasonable addi- tional time in which to complete its obligations) construct the following improvements : (a) A masonry wall (of such design and material as Ironwood shall select) six feet in height (from the average ground elevation) along and within , 6 feet of the easterly boundary of the real property referred in clause (i) of paragraph 1 (a) above. (b) A roadway wide enough for two lanes of traffic along the length of the parcel referred to in clause (ii) of paragraph 2 (a) above, said roadway to (i) be located at such place on the aforesaid parcel as Ironwood shall determine, (ii) be designated Mesa View Drive (iii) be graded and improved in such manner as to satisfy the City' s specifications for public streets; and (iv) after completion, .be maintained and repaired by the City at the City' s sole cost and expense , Ironwood to have no liability or responsibility whatsoever in respect of the roadway other than to construct it as herein provided. 3. - Obligations of the City. Prior to the close of escrow, the City shall : -3- (a) Amend or cause to be amended, by appropriate action of its City Council and, if applicable, any other municipal or other agencies, its general plan to reduce the designation and usage 01 pn°vlF-a)a from major highway toVlocal street of that .portion of Portola Avenue more particularly shown on Exhibit C but described generally as the portion beginning at the easterly intersection of Mesa View Drive with Portola Avenue and westerly therefrom to its junction with State Highway 74. (b) Delete or modify in the manner set forth below the following conditions of approval by the City of the maps for Tentative Tract 5565 and the final maps for Tracts 5565-1 and 5565-2 : (i) Standard Conditions 3 and 15 to be deleted. (ii) Special Conditions 3 , 10 and 11 to be deleted. (iii) Special Condition 6 to be modified to change the reference to Irontree Drive to Mesa View Drive. (iv) Special Condition 12 to be modified to read in its entirety as follows : -4- "Storage space for a minimum of 8 auto- mobiles shall be provided on Portola Avenue west of Mesa View Drive. (c) By appropriate process , vacate 'the dedication of the portion of Portola Avenue designated as. Lot T on the final tract map for Tract 5565-1. 4. City ' s Acceptance of Park Land. The City agrees to accept the conveyance of the real property referred to in paragraph 1(b) in full satisfaction (without further requirements for site improvements , maintenance or other fees or expenses) of the re- quirements of Section 26 . 15-6 of the Municipal Code of the City (i) insofar as such requirements apply to all real property presently owned by Ironwood and its affiliates (whether the subject of past, current or future development of the Ironwood Country Club or any related development) and (ii) as to 2 . 3 acres of the real property referred to in paragraph l (b) , insofar as such requirements are applicable to additional real property which may be acquired by Ironwood and its affiliates for development as a part of the Ironwood Country Club or any related development. It is understood that the provisions of clause (ii) of the preceding sentence are in no way intended to limit the amount of real property -5- Ironwood or its affiliates may acquire for further development or the City ' s right to insist on full compliance with the aforesaid Section 26 . 15-6 in connection therewith, it being solely the intention of the parties that in. connection with any such future acquisition, Ironwood shall .be entitled to be credited : with full or partial satisfaction of the requirements of said Section based upon the application of its requirements to the size and intended usage of any such real property hereafter acquired. 5. Escrow. (a) Within five business days after the date hereof, a signed copy of this Agreement shall be deposited with the Bank of America, Palm Desert Branch, Palm Desert, California 92260 ("Escrow Holder") in order to open an escrow to complete the transfer_ by Ironwood of the real property herein described and the City' s obligations . By such deposit, Escrow Holder shall be authorized and instructed to act in accordance with the provisior of this Agreement, which Agreement together with Escrow Holder ' s standard general. conditi_ons shall constitute Escrow Holder ' s escrow instructions . Ironwood and City shall each deposit such other instruments as are necessary to close the Escrow and complete the transfer of the real property -6- by Ironwood and the completion of the City ' s obligations in accordance with the terms of this Agreement. (b) The Escrow shall close within 30 days after the date hereof unless the closing date is exten- ded by the mutual written agreement of both parties. In the event that Escrow shall fail to close for any reason, each party shall bear its own costs, and Ironwood shall bear the escrow fee. If the Escrow closes , the expenses of the Escrow shall be paid in the following manner: (i) The C -y- shall pay the cost of the title J-psu� �r,aane ol c �policcyy .called for in paragraph iAk, 6 ,Yall documentary traYisfer tax on the grant deeds and cost of recording the grant deeds. (ii) Ironwood and the City shall each pay one-half of Escrow Holder' s escrow fee. , (iii) Real property taxes on the real property for the current fiscal year shall be prorated as of the close of Escrow, based upon information to be provided to Escrow Holder by the City and Ironwood. 6 . Title. (a) Attached hereto as Exhibits D and E are Preliminary Title Reports describing the state -7- of title to the real property referred to in paragraph 1, each issued by Title Insurance and Trust Company ( "TI") . The City shall accept title to the Real Property subject to: (i) Non-delinquent real property taxes on all of the said real property; and (ii) Exceptions 2, 3, 4 , 5 , 6 , and 8 as shown in Title Report No. 382019 and Excep- tion 3 as shown in Title Report No. 382003. Ironwood shall discharge the liens noted in Exception 7 of Title Report No. 382019 and Exception 2 of Title Report No. 382003 at or prior to the close of Escrow. (b) At the closing the City' s title to the real property shall be insured by a CLTA Owner' s Policy of Title Insurance issued by TI with liability in an. amount to be determined by the City showing title to the real property vested in the City subject to the matters set forth in paragraph (a) above and to the easements reserved in the grant deeds attached as Exhibits A and B. 7. Attorneys ' Fees. In the event of any action seek- ing enforcement of any of the terms and conditions of this Agreement, or in connection with the Real Property, the prevailing party in such action shall be awarded, in addition to damages , injunctive or other relief, its reasonable costs and expenses , not limited . -8- to taxable costs and reasonable attorneys ' fees. 8. Notices. All notices under this Agreement shall be effective (i). upon personal delivery to Ironwood, the City or Escrow Holder, as the case may be, or (ii) two business days after deposit in the United States mail, registered or certified mail, postage fully prepaid and addressed to the respective parties as follows: To the City: City of Palm Desert P .O. Box 1977 Palm Desert, California 92260 To Ironwood: Attn: Mr. R.L. Spicer Silver Spur Associates 49-200 Mariposa Drive Palm Desert, California 92260 Copy To: Agnew, Miller & Carlson 700 South Flower Street Suite 1600 Los Angeles , California 90017 Attn: Peter L. Eppinga To Escrow Holder: Bank of America Palm Desert Branch Palm Desert, California 92260 or to such other address as the parties may from time to time designate in writing. 9 . Entire Agreement -- Amendments . This Agreement. and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein; and no prior agreement or understanding pertaining to any such matter shall -9- be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties hereto. 10. . Successors. The terms, covenants and conditions of this Agreement, shall be binding upon and shall inure to the benefit of the heirs , executors , ad-, ministrators and assigns of the respective parties hereto. 11. Assignment. Neither party may assign its rights hereunder without the prior written consent of the other party. Said consent shall not be unreasonably withheld. 12. Choice of Laws. This Agreement shall be governed by the law of the State of California and any questions arising hereunder shall be construed or determined according to such law. 13. Headings. Headings at the beginning of each numbered paragraph of this Agreement are solely for -10- the convenience of the parties and are not apart of this Agreement. IN WITNESS WHEREOF, the undersigned .have executed this Agreement this day of July, 1978. City of Palm Desert A Municipal Corporation By Mayor ATTEST: City Clerk Silver Spur Associates, a General Partnership by Ironwood Corporation, its managing general partner By R.L. Spicer, President • -11- AND WHGH NCC Or D[D t+A,l, YO Nom• 51f»1 _ ddts.t City 3 51o1s � - SPACE At30VE THIS LINE FOR RECORDER'S USE . MA,!TA%51 ArfMlHIS TO CITY OF PALM DESERT DOCUMENTARY TRANSFER TAX S--------------------------- -------- --- P. 0. Box 1977 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, SUN,r _ OR COMPUTED ON FULL VALUE LESS LIENS AND Will— Palm Desert, )CCa_- 92260 ENCUMBRANCES RENTAINING AT TIME OF SALE- City & 5ro 7 I A Signature of Declarant or Agent determining tax. Firm Narne Corporation Grant IVeed GUBbS• THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SILVER SPUR ASSOCIATE a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the state of California, hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, the following described real property in the City of Palm Desert, County of Riverside , State of California: That portion of the Southwest quarter of the Northwest quarter of Section 32 ,. Township 5 South, Range 6 EAst, San Bernardino Base and Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, pages 39-42 of Records of Survey, Riverside County Records; THENCE South OD 44 ' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233 . 47 feet; THENCE South 871 37 ' 17" West, 9. 78 feet; THENCE North 59° 10 ' 46". West, 394. 72 feet to a point on a 544 foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 71 30 ' 27" , 71. 28 feet to a point on the North line of said Parcel 1; THENCE North 89' 53 ' 22" West, along the North line of said Parcel 1, 409 . 13 feet to the Point of Beginning. Containing 1. 10 acres, more or less. In Witness Vllereof, said corporation has caused its corporate name and seal to ]x affixed hereto and this instrurnent to be executed by ijc_ _-- _--President and__—__—__----------------Secretar} SILVER SPUR ASSOCIATES , a General thereunio duly authorized. partnership, by IROM?gOOD CORPORATION , Managing General Partner --- STATE OF CALIFORNIA, — I SS. — -- — - COUNTY OF------- -- By------------ OI - before me, the under- — Sii;ned, a Notary Public in and for said County and State, Personally .Ply--'-- -- President i PPearrd---- — known --------- to Ine to he —known to me to be Secretary of the Corporation that executed the By--' Secretary within Instrument, known to me to be the Persons who executed the within Instrunont on behalf of the Corporation therein named, and a<knowled"ed to me that such Corporation executed the within Instru- mrnt pursuant to its.by_laws or a resolution of its hoard of dilfctors. WI I"NESS my hand and official seal. Title Order No— — Si;notate.— -- __ File, Escrow or Loan No Name (Typed or Printed) :Jntary Public in snd L,r said County and State AND WNLN MLCOKD[D HArI TO uon. Ad...,, Corr L sore L J SPACE ABOVE THIS LINE FOR RECORDER'S USE HAII lA[STATtAi NTS 70 None �- CITY OF PALM DESERT - DOCUMENTARY TRANSFER TAX S.__._.___.._.._...._—_._....____.__....— P. O. Box 1977 . COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, sneer OR COMPUTED ON FULL VALUE LESS LIENS AND tdd,,,. Palm Desert, Ca. 92260 ENCUMBRANCES REMAINING AT TIME OF SALE. City L srote L J Signature of Declarant or Agent determining tax. Firm Name Corpora-Ijo?a Gran 10cep GDMS' THIS FORM FURNISHED t3Y TRUSTOP.S SECURITY SERVICE - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing I General Partner, a corporation organized under the laws of the state of California, hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, for the purpose of road right-of-way, the following described real property in the City of Palm Desert, County of Riverside , State of California: That. portion of the Southwest quarter of the Northwest quarter of Section 3.2, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described on SCHEDULE "A" attached hereto and made a part hereof. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this it,strl:ment to be executed by its President and _ Secretary thereunto duly authorized. Dated.-_ SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, STATE OF CALIFORNIA, ?SS. Managing General Partner COUNTY OF_ On before me, the under- si=•ned, a Notary Public in and for said County and State, personally By - president appeared known - . to me to he thr fyresident, and known to me to be secretary of the Corporation that executed the By .;i:bin }nstn �m Trrnent, kno to me to be the persons 110 executed the Secretary within Instrument on behalf of the Corporation therein narned, and acknowledged to me that such Corporation executed the within Instnr- ment pursuant to its by-laws or a resolution of its hoard of directors. WITNESS my hand and official seal. (Seal) Title Order No Sl;;nahrrr File, F_scrow or Loan No Name (Typed or Printed) \miry Pnblir_in and for said County and State - - +A1I T.SX STAf"!-ir S .'S ! c�', D O`/= filF+I F'OitTICt1 of the Southwest quarter of the ilorth:,est quarter of Section _j To:rnship 5 South, Range 6 East, San Bernardino Base and Meridian, described as follo•.-is: C01919ENC1NG at the Northeast corner of Parcel 1 as sho.-m by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South V 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet to the True Point of Beginning; THENCE North 87' 37' 17" East, 13.47 feet to a point on the North..esterly Iine of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 , Pages 52 - 57 of Maps,. Records of Riverside County, said point being on a 3050-foot radius non-tangent curve concave to the Southeast with a radial bearing .of North 26' 56' 15" West; IH-�HCE South,.-4esterly along said .curve through a central angle of 2' 59' 39", 159.38 feet; THENCE North 1 ' 50' 36" East, 41 .42 feet; THENCE North 59' 10' 46" West, 312.64 feet to a point on a 456-foot radius tangent curve concave to the Southwest; THENCE North,.aesterly along last-mentioned curve through a central angle of 30' 42' 36", 244.41 feet; THENCE North 89' 53' 22" West, parallel with and 44 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the West line of said Parcel 1 ; THENCE North 10 26' 27" !•Jest, along the West line of said Section 32 to the North,.rest corner of .the South,.-jest quarter of the Northwest quarter of said Section 32, being also the Northwest corner of said Parcel 1 ; THENCE South 89' 53' 22" East, alonq the North line of said Parcel 1 , 915.86 feet. to a point on a non-tangent, 544-foot radius curve concave to the Southwest with a radial bearing of North 23' 18' 47'' West; THENCE Southeasterly along last-mentioned curve through a central angle of 7' 30' 27' , 71 .28 feet; THENCE South 59' 10 ' 46" East, 394. 72 feet; THENCE North 87° 37' 17" East, 9.78 feet to the True Point of Beginning. Containing 1 .89 Acres, more or less. RECORD;NG REQUESTED BY AND WHEN RECORDED MAIL TO - F Noon. , J}Ip.E Ad*­ City a L $lei. MAIL TAX STATEMENTS TO CITY OF PALM DESERT sT1..t Add.... P.O. Box 1977 City a Srol. Palm Desert, CA. 92260 SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed To 1921 CA 112-74) THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N._--..---------- The undersigned grantor(s) declare(s): Documentary transfer tax is S ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the State of California hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, for park purposes, the following described real property in the City Of Palm Desert, County of Riverside , State of California: That parcel of land, consisting of 15 acres , more or less, more particularly described on SCHEDULE "A" attached hereto and made apart hereof, reserving to Grantor the easements described on Schedule B attached hereto and made a part hereof which affect the portions of the aforesaid real property as more fully described in Schedule B. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to he executed by its President and Secretary thereunto duly authorized. Dated: --- STATE OF CALIFORNIA - 1 -- - Ij SS- By.— COUNTY OF__ — President On — -- before me, the under- signed, a Notary Public in and for.said State. personally appeared Secretary known to me to be the President, and SILVER SPUR ASSOCIATES, a General known to me to be Partnership, by IRONWOOD CORPORA— _ Secretary of the Corporation that executed the TION, Managing General Partner within Insrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to tie that such Corporation executed the within Inslru ment pursuant to its by-laws or a resolution of its board of directors. \\'I I-NESS my hand and official seal. _ Sier.anlre— — -- (This arras for official not xri el senlJ Title Order No._.-------- —Escrow or Loan No.-_ -------------- -- MAIL TAX STA.TE!,E:NTS AS DIRECTED ABOVE EXHIBIT C . l D E S C R I P T I ON THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLL01-6: THE EASTERLY 15 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THE NORTHERLY 330 FEET THERFO"; ALSO EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTH`4EST QUARTER OF SAID SECTION. EXCEPT FROM SAID 15 ACRES THE WEST 100 FEET OF THE SOUTH 100 FEET OF THE NORTH 430 FEET THEREOF. A PORTION OF SAID PROPERTY IS INCLUDED WITHIN LOT "G" OF SILVER SPUR RANCH UNIT NO. 1, AS SHOlIN BY MAP ON FILE IN BOOK 30 PAGES 52, 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SCHEDULE B TO GRANT DEED CONVEYING 15 ACRES (MORE OR LESS) IN SECTION 29 , TOWNSHIP 5 SOUTH RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN Grantor, in making said conveyance, reserves the following easements (i) an easement for purposes of constructing and maintaining one or more water wells at such place or places as Grantor shall determine within a strip of land 50 feet wide running generally easterly and westerly through the subject real estate contiguous to a preexisting roadway ease- ment, as described more particularly on Exhibit B-1 to this Schedule; and (ii) an .easement for purposes of installing and maintaining one or more pipelines to carry water from the well or wells which may be constructed on the easement referred to in the preceding clause, said pipeline or pipelines to be located at such place or places as Grantor may determine within the strip of real property described on Exhibit B-1 and the strip of real .property described on Exhibit B-2. Grantor reserves the right of ingress and egress to and over the_ land subject to the aforesaid easements and conti- guous portions of the real property conveyed by the Grant Deed to which this Schedule is attached for itself, its agents , and other persons whom it may designate for purposes of contruct- ing, installing, repairing and maintaining water. wells and pipe- lines, and additionally reserves the right to place upon the land subject to the easements pumping and similar equipment. The easements herein reserved are for the benefit of and are an appurtenance to each parcel of land and the im- provements constructed or to be constructed thereon, located within that certain development in the City of Palm Desert, California, commonly known as the Ironwood Country Club. -2 t TITS= INSURAVCC AND TRUST 3491) Tenth Street Riverside, California 92501 May 19; 1978 IMIFORTANT When replying refer to Ironwood Country Club Our No. 382_QO' 49-200 Mariposa Drive Palm Desert, CA 92260 Attn: R.E. Tuvell You- No. Order' for owner's Policy ParY _ In respoase to the above rcftrcr.ced application for a policy of title insurzncc, Till- Insurance and Trust Coln. t it is prepared to i:suc, or eausc to be issued, ss of the date hereof, a California h Lard Title Associzon hereby reports tha Standard Coveraze form Policy of Title Insurance describing Ili- land and t}>e cstale o.. interest therein hereinafter set fo ih, insu nq agzinst loss which may be sustaincd by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or ne: excludtd from coverage pursurnt to the printed Schcclulcs, Conditions and Stipelaoons of said policy form. rhis rcpon (:red z-ny supplcrr:ents or araerrdmcnts th-rcto} is issued sokly for the purpose of facilitating the issuance of a policy of title insurarce and no liability is assumed hereby. If it is desired tha: liability be assumed prior to the issuance of z policy of talc insurance, a Binder or.Commitmcnt shouid be rc.u-steel. i 67�_�t/tJ Dated as of Mav 10 , 19 78 , at 7:30 a.tn. Title Officer Larry ' Iolassi/lb The estate or interest in the land hereinafter described or referred to covered by 1,1)is Retort is a fee. Title t:T said es 4tc or interest at the dale hereof is vested in: Silvel-. Spur Associates, a general partnership At the date hereof exceptions ?o coverage in addition to t}:e printed excep?ions and exclusions contained in said policy form would be as follows: ex H .. l.TICOF3 Co>'PAPJY 1 . General and special taxes for the fiscal year 1973-1979, a lien not yet payable. 2. A deed of trust to secure an indebtedness of the. amount stated herein Dated November 30, 1972 Amount $$284,500.00 and $2,365,642.00 Trustor Silver Spur Associates, 'a general partnership composed of H.V. Management Corporation, a California corporation, and Cairntrust Company, a Delaware corporation Trustee Security Title Insurance Company, a California corporation Beneficiary Silver Spur Committee, a joint venture Recorded November 30, 1972 Instrument 159000 Said matter affects this and other property. �F.1le. It. "'rust RI\'C RSIDE COUNTY OFFICE 34G0 TLNT11 STHEET I)IVEHSIDE P2502 TELEPHONE (714) 606.4100 MAY 26, 1978 I;.IPOI"I'ANT IROM400D COUNTRY CLUB \Mien rcpllin,; refer to 49-200 MARIPOSA DRIVE O„r \o. 382003 PALM DESERT, CA 92260 ATTN: R. E. TUVELL Your No. ORDER FOR OWNER'S POLICY THE ACOVF NlL)h%'FRFD REPORT (IIJCI.UDING ANY SUI'PLEIAINIS OR Al,,1ENDUiENTS TFIFRFIO) IS HEREBY t,hODIHFD AND/Olt SUPPLEIhEIJII=D IN ORDER TO REFLECT THE. FOLLOWING ADDITIONAL- ITEN6 RELI LING TO THI: ISSUANCE OF A CAUFORiNIA LAND TITLE ASSOCIATION S'FANDARD COVERAGE FORJA POLICY OF TITLI: INSURANCE AS FOLLOWS: WE HEREBY WISH TO AMEND OUR PRELIMINARY TITLE REPORT DATED AS OF'M4Y 10, 1978 AT 7 :30 A.M., TO READ AS FOLLOWS: ADD ITEM NO. 3, 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HERE IN .AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY FOR PIPE LINE AND INCIDENTAL PURPOSES RECORDED AUGUST 2, 1957 AS INSTRUMENT NO. 56235 AFFECTS A STRIP OF LAND 20 FEET IN WIDTH, LYING NORTHWESTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED SIDE LINE: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 32, THENCE NORTH 1037' 10" WEST, ALONG THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF 22.28- FEET TO THE TRUE POINT. OF BEGINNING; THENCE NORTH 49D08' EAST, 1706.61 FEET TO. THE MOST SOUTHERLY CORNER OF SILVER SPUR RANCH UNIT NO. 2, AS SRLOhiN ON MAP RECORDED IN BOOK 33, PAGES 2 AND 3, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. THE NORTHWESTERLY SIDELINE OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE PROLONGED OR SHORTENED SO AS TO TERM— INATE IN SAID WESTERLY LINE OF SECTION 32 AND IN THE WESTERLY LINE OF SAID SILVER SPUR RANCH UNIT NO. 2. cij LARRY W. VIOLASSI SUBDIVISION TITLE OFFICER LOW BRH l D E S C R I P T I O N The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: PARCEL 1 That portion of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Meridian, described as follows: Beginning at the Northeast corner of Parcel 1 as shown by Records of Survey filed in Book 59 Pages 39-42 of Records of Survey, Riverside County Records; THENCE South 00°44'49" east, along the Easterly line of said Parcel l and Southerly prolongation thereof, 233.47 feet to the true point of beginning; THENCE North 87°37' 17" East, 13.47 feet to a point on the Northwesterly line of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 Pages 52-57 of Maps, Records of Riverside County, said point being on a 3,050. 00 Foot radius nontangent curve concave to the Southeast with a radial bearing of 'North 26'56'15" blest; THENCE Southwesterly along said curve through a central angle of 02°59'39" , 159. 38 feet; THENCE North 01050'36" East, 41 .42 feet; THENCE North 59°10'46" blest, 312. 64 feet to a point on a 456.00-foot radius tangent curve concave to the Southwest; THENCE Northwesterly along last mentioned curve through a central angle of 30"42' 36" , 244.41 feet; THENCE North 89"53' 22" blest, paralled r,,ith 44 feet Southerly of the North line of said Parcel 1 , 700. 34 feet to the 1!est line of said Parcel 1 ; THENCE North 01'26' 27". blest, along the hest line of said Section 32 to the idorthv/est corner of the Southwest quarter of the North rest quarter of said Section 32, being also the Northwest corner of of said Parcel 1 ; THENCE South 89053'22" East, along the North line of said Parcel 1 , 915.86 feet to a point on a non-tangent, 544.00 foot radius curve concave to the Southwest with a radial bearing of North .23°18'47" East; THENCE Southeasterly along last mentioned curve through a central angle of 07°30'27" , 71 .28 feet; THENCE South 59010'46" East, 394. 72 feet; THENCE North 87°37' 17"_ East,. 9. 78 feet to the true point of beginning. PARCEL 2: That portion of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as_ shown by Record of Survey filed in Book 59 Pages 39-42 of Records of Survey, Riverside County Records; THENCE South 00044'49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet; . THENCE South 87°37'17" West, 9. 78 feet, THENCE North 59°10'46" IJest, 394. 72 feet to a point on a 544.00 foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 07-30-27" , 71 . 28 feet to a point on the North lire of said Parcel 1 THENCE North 89°53' 22" tdest, along the North line of said Parcel 1 , 409. 13 feet to the point of beginning. PORT I ON' OF THF- S'W 1 / 4 t)F T a� SECT I0N 32 , T . 5 > . As.59 39 yi�Q G { ., 3R S9"60 �30 � h e; 7 J. ti' /3 /133.Cc;3 I 7� 7 I Rtis 11 trot n survey of the Iand. taut M ce;�sy 9 for Information only, nor h ft o part of of p-::SCy to t hv-h tt may Lz ntTz-cN'4- 2' MB 79/22-2,1 7rocl N0 ,50,5 TITLE 1W."URANCE AND T RUST - - - 3490 Tenth Street hiveaside, Calilornia 92501 Ih3PORT'ANT I RONWOOD When replying refer to. U 9-200 MARIPOSA DRIVE Our No. 382019 PALM DESERT, CA 92260 ATTN: R. E. TUVELL Your No. PARCEL NO. 630-190-025- _, In mporse to the a'�ovc rcf.•_:cnced rie.ticatio❑ for policy of ti!lc insurancc, Title Insurance and Trust Company hercby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Lard Title Association S!ardard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or rferred to as an Exception below or not excluded from covcraEc pursuant to the printed Schedules, Conditions and Stipulations of paid policy form. This report (and any supplemcnts or amendments t;erelo) is issued solely for the pu;pose of facilitating the issuance of a policy of title insurance and no liability is assumed hercby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Dinder or Commitment should be rcr?ucsted. Dated as of MAY 17 19 78 at 7:30 a.m. LP.RfnW. VIOLASSI /Title Officer lice estate or interest in Vie Land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at tis date hereof is vested in: SILVER SPUR ASSOCIATES, A PARTNERSHIP At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: EA- fY 13 Arcot: cos PAr1Y l I 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1978-1979, A LIEN NOT YET PAYABLE. 2. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES; IN FAVOR, OF CALIFORNIA ELECTRIC POWER COMPANY, NOW SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRIC LINE. SUPPORTING ANCHOR AND GUY WIRES, INCLUDING ANCHOR RODS RECORDED AUGUST 27, 1956 AS INSTRUMENT NO. 59666 AFFECTS A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF .SAID SECTION-29 THE CENTERLINE OF SAID EASEMENT IS DEFINED AS FOLLO14S: BEGINNING ON. THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, AT A POINT 1 FOOT NORTH OF THE SOUTHEAST CORNER THEREOF, AND RUNNING THENCE WEST, PARALLEL TO AND 1 FOOT NORTH OF THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 35 FEET TO A POINT IN THE ABOVE DESCRIBED PORTION OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIOi\l 29. 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, . . IN FAVOR OF CALIFORNIA ELECTRIC P014ER COMPANY, NOW SOUTHERN CALIFORNIA EDISON COMPANY FOR POLE LINES, CONDUITS RECORDED AUGUST 15, 1958 AS INSTRUMENT NO. 59062 AFFECTS THE SOUTH 6 FEET AND WEST 10 FEET OF THE SOUTH 71 FEET OF THE EAST 589 FEET, AND THE WEST 10 FEET OF THE SOUTH 71 FEET OF THE EAST 5144 FEET OF LANDS HEREIN DESCRIBED 11. A ROAD EASEMENT OVER THAT PORTION OF LANDS HEREIN DESCRIBED LYING WITHIN LOT "G" AS DEDICATED BY MAP OF SILVER SPUR RGU\ICH SUBDIVISION, AS SHOWN BY MAP ON FILE 1N BOOK 30 PAGES 52, 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 5. NJ EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF COACHELLA VALLEY COUNTY WATER DISTRICT FOR PIPE LINES AND INCIDENTAL PURPOSES RECORDED MAY 2.7, 19611 AS INSTRUMENT NO. 652011 AFFECTS WEST 30 FEET EXCEPT THE SOUTH 60 FEET 6. AN EASE MENJ_ AFFECTING THE- PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES RECORDED DECEMBER 11, 19611 AS INSTRUMENT NO. 11.15024 AFFECTS (HE WESTERLY 10 FEET OF SAID LAND 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED NOVEMBER 30, 1-972 A1,10UNT $287,500.00 AND 2,365,642.00 TRUSTOR SILVER SPUR ASSOCIATES, A GENERAL PARTNERSHIP . COMPOSED OF H V MJaNAGEMENT CORPORATION, A CALIFORNIA CORPORATION, AND CAIRNTRUST COMPANY, A DEL 4JARE CORPORATION TRUSTEE SECURITY TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY SILVER SPUR COMP,IITTEE, A JOINT VENTURE RECORDED NOVEMBER 30, 1972 INSTRUMENT 159000 THIS AND OTHER PROPERTY. SAID MATTER AFFECTS 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION , FOR CONDUITS AND INCIDENTAL PURPOSES RECORDED DECEMBER 23, 1974 -.S INSTRUMENT NO. 161737 AFFECTS THE SOUTHERLY 6.00 FEET OF THE EASTERLY 540.00 FEET D E S C R I P T I O N THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOIdS: THE EASTERLY 15 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THE NORTHERLY 330 FEET THEREOF; ALSO EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION. EXCEPT FROM SAID 15 ACRES THE WEST 100 FEET OF THE SOUTH 100 FEET OF THE NORTH 430 FEET THEREOF. A PORTION OF SAID PROPERTY IS INCLUDED WITHIN LOT "G" OF SILVER SPUR RANCH UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 30 PAGES 52, 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 12 WIN rn Otto C:3 C4 IL ry [� '6r V s, 3 SOUTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 29, T5S-R6E. TO ACCOI•IPANY TITCO REPORT 382019 DATED MAY 17, 1978. I , i 0 r. 0 l00' �I �I �I �I �I EAST HALF (Exception) Item 5 �I CVCWD Easement ' II -, ;-� - I tem 6 SCE Easement �I II `- � � � ! — Item 4 Road Easement I - -- Item 3 —Item 2 SCE Easements SCE Easement --Item 8 Gen. Tel . Easement y .y .tom- o'+5•• r _ ; i ..:_ .t'�:. •,=� _" .v<- ;r•, .� Nk' �f LESS •L �rf .. . " .... - - t�\ try _ ! _ .•"r, K'v _ .. .lam � - - i. 4 •: 1 \ I CiS'L • %i r '7 �. c �• � �!1 i)/i- �9�1•�� f.:Lvl Y / i � \�-� �fL (J", .__ \�/ ��7,✓c,_'!»�1 J.5 Lc _ 43 i ,• 1 1 1 1 i . � t • 1 � March 23, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Dear Members of the Council: In accordance with the Subdivision Provisions of the Municipal Code and the proposed Parks and Recreation Element of the Palm Desert General Plan, Silver Spur Associates wishes to offer a site within its 15 acre property located generally,., between Haystack Road and Little Bend Trail subject to certain conditions listed below; and to other conditions currently being discussed with Mr. Paul Williams, Director of Environmental Services, which are in the nature of details relating to timing, the sequence of partial conveyances and other technical matters which will require some additional time to properly define. It is expected that all such details can be resolved within 30 days . This offer is based upon the following assumptions and conditions: 1. IRONWOOD'S current and projected park requirement will not exceed 13 acres for the total development, the boundaries of which are defined on Exhibit "A" , dated 2/28/72, to Conditional Use Permit 1382. 2. Any surplus of land dedicated for a park in excess of the 13 acre requirement can be credited to the park requirement of any additional land that Silver Spur Associates may acquire. 3. A site not exceeding 10,000 S.F. will be reserved for a water well and pumping system to provide additional irrigation water for IRONWOOD. In addition, the City will obtain a utility ease- ment in which a water transmission pipe can be located to provide a connection between the well-site and IRONWOOD'S northerly property line. IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 r� The Honorable City Council -2- March 23, 1978 The dedication of this 13 acre site will fully satisfy present and future requirements and no further requirements including site improvements, maintenance or other fees will be imposed. Sincerely yours, SILVER SPUR ASSOCIATES, A General Partnership By: I ONWOOD CORPORATION, Managing General Partner r ' By: R. L.. S icer, President . RLS/jmc P.,-9-0 r,."? ", 630- 19 7 C A /80/, 1606 por of S. 112 of SW. 114 of SEC. 29, T55., R-6E j/ (D (6) 7. e§1.4,-, 00, HAKS TACK- -4 P5 3-1 07 T 3` 40 C18) 0 � - (1 5 T-4 0 Q, i I V�- Jdt. :1 Is 16/Zl I'A 02 06261 flz" 4104 fro, 1, J/ -,32 TRACT NO. 4950-1 A1.84 71-1,10-41 T1?Acr Ivo. 4,9 6 0 Al. 9. 0143-45 OoYo 6 L 0; Af P J0153,54i 300.44-66.4164 RIS 54129 630 C5 -2- VII. PUBLIC HEARINGS (Cont. ) D. Case No. TT 11791 , McBail Company, Applicant Consideration of a request for approval of a Tentative Tract Map to create 101 single-family residential lots and 3 lots to provide for a District Commercial Center, a common recreation area and open space from a 40 acre parcel located within the P.C. (2) (Planned Commercial , District) and R-2 8,000(8) (Single-family residential , 8,000 sq. ft. min. lot area, 8,000 sq. ft. of site area/du) zones, Upon Annexation, at the southeast corner of Country Club Drive and Monterey Avenue. Recommendation: Approve the Tentative Tract subject to the Conditions of Approval by Resolution No. 78-i '-' E. Case No. CUP 04-78, Hope Lutheran Church, Appellant Consideration of an appeal of a Condition of Approval of Conditional Use Permit CUP 04-78 which approved an overall Development Plan for a church-school complex, partially developed, at the northeast corner of Portola Avenue and Fairway Drive. Specifically, the appellant is appealing Special Condition No. 2 which would require curbs, gutters, and sidewalks along Portola. Recommendation: Deny the appeal by adopting Resolution No. 78- . RESOLUTIONS r� 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 January 18, 1979 Title Insurance and Trust Co. 3490 Tenth St. Riverside, Ca. 92502 Attention: Larry W. Violassi Re: CUP 1382 TR .5565 Dear Mr. Violassi : Responding to your request of January 11, 1979, we regret we are unable to furnish the information you desire however the telephone conversation with Lloyd Morgan of our staff you stated that if we could furnish just the E.I. R. that would be sufficient. We do not have a copy of the E.I.R. in our files of the Conditional Use Permit 1382. This maybe obtained from the Riverside County Planning Division. as CUP 1382 originated prior to Palm Desert Incorporation. . If there is further information required please contact the staff of the Dept. of Environmental Services. Paul A. Williams Director of Environmental Services LM:lo JANUARY 11, 1979 TITLE INSURANCE AND TRUST CITY OF PALM DESERT 45-275 PRICKLY PEAR LANE PALM DESERT, CA 92260 ATTN: CITY PLANNING RE . IRONWOOD DEVELOPMENTS GENTLEMEN: IN REFERENCE TO THE IRONWOOD DEVELOPMENTS, THE DEPARTMENT OF REAL ESTATE HAS REQUESTED THAT WE OBTAIN A COPY OF CONDITIONAL USE PER- MIT 1382, AS REFERRED TO IN YOUR ZONING, E. I .R. AND SPECIAL STUDIES ZONE LETTER COVERING TRACT NO. 5565 AND ALL UNITS THEREOF. PLEASE FORWARD SAME TO THE UNDERSIGNED FOR FILING IN THE APPROPRIATE FILES. VERY TRULY YOURS: u>. LARRY W. VIOLASSI SUBDIVISION TITLE OFFICER LWV/BRH Title Insurance and Trust Company 3490 Tenth Street P.O.Box 707 Riverside,California 92502 714 686 4180 ATICOR COMPANY A G R E E M E N T THIS AGREEMENT is made by and between the CITY OF PALM DESERT, a municipal corporation, hereinafter re- ferred to as "City" , and SILVER SPUR ASSOCIATES , a General Partnership, by IRONWOOD CORPORATION, the managing general partner, a corporation, hereinafter referred to as "Ironwood" . WHEREAS, as a part of the conditions of approval of Tentative Tract No. 5565, Ironwood has been required to do and perform certain things , and in consideration of such conditions, the City has approved the Tentative Map; NOW, THEREFORE, the parties hereto agree as follows : As a part of the construction of Tract No: 5565, Ironwood will: 1. Construct two lanes of pavement to the speci- fications required by the City on the right-of-way hereto- fore dedicated to the City, which consists of approximately 1. 89 acres, and is designated as Mesa View Drive; and 2. Construct a six-foot high masonry wall on the east side of the fire station site heretofore deeded to the City; said wall to be for the purpose of screening the fire station from the adjacent residence. ERWIN a ANDERHOLT. A PROFESSIONAL LAW CORP. Page 1 PALM DESERT.CA 92260 The above items will be accomplished and completed at the same time as work on Tract No. 5565, or within a period of three (3) years, whichever shall first occur. WITNESS our hands this day of , 1978 . CITY OF PALM DESERT A Municipal Corporation By Mayor ATTEST: City Clerk SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, A Corporation By President By Secretary ERWIN &ANDERHOLT - A PRO FESSIONALLAWCOHP. Page 2• _ PALM DESERT.CA 92260 A G R E E M E N T THIS AGREEMENT is made by and between the CITY. OF PALM DESERT, a municipal corporation, hereinafter re- ferred to as "City" , and SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, the managing general partner, a corporation, hereinafter referred to as "Ironwood" . WHEREAS, as a part of the conditions of approval of Tentative Tract No. 5565, Ironwood has been required to do and perform certain things, and in consideration of such conditions, the City has approved the Tentative Map; NOW, THEREFORE, the parties hereto agree as follows : As a part of the construction of Tract No. 5565 , Ironwood will: 1. Construct two lanes of pavement to the speci- fications required by the City on the right-of-way hereto- fore dedicated to the City, which consists of approximately 1. 89 acres, and is designated as Mesa View Drive; and 2. Construct a six-foot high masonry wall on the east side of the fire station site heretofore deeded to the City; said wall to be for the purpose of screening the fire station from the adjacent residence. ERWIN & ANDERHOLT - APROFES ONAL LAW COMP. Page l • - PALM DESERT.CA 92260 .L The above items will be accomplished and completed at the same time as work on Tract No. 5565, or within a period of three (3) years, whichever shall first occur. WITNESS our hands this day of 1978. CITY OF PALM DESERT A Municipal Corporation By Mayor ATTEST: City Clerk SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, A Corporation By President By Secretary ERWIN &ANDERHOLT A PROFE55IONAL LAW CORP. Page 2 PALM DESERT.CA 92260 A G R E E M E N T THIS AGREEMENT is made by and between the CITY OF PALM DESERT, a municipal corporation, hereinafter re- ferred to as "City" , and SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, the managing general partner, a corporation, hereinafter referred to as "Ironwood WHEREAS, as a part of the conditions of approval of Tentative . Tract No. 5565, Ironwood has been required to do and perform certain things, and in consideration of such conditions, the City has approved the Tentative Map; NOW, THEREFORE, the parties hereto agree as follows : As a part of the construction of Tract No. 5565, ironwood will• . 1. Construct two lanes of pavement to the speci- fications required by the City on the right-of-way hereto- fore dedicated to the City, which consists of approximately 1. 89 acres, and is designated as Mesa. View Drive; and 2. Construct a six-foot high masonry wall on the east side of the fire station site heretofore deeded to the City; said wall to be for the purpose of screening the fire station from the adjacent residence. ERWIN 9 ANDERHOLT - - APROFESSIONALLAWCORP. Page 1•l • - PALM DESERT.CA 92260 - The above items will be accomplished and completed at the same time as work on Tract No. 5565, or within a period of three (3) years, whichever shall first occur. WITNESS our hands this day of 1978. CITY OF PALM DESERT A Municipal Corporation By Mayor ATTEST: City Clerk SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, A Corporation By President By Secretary ERWIN &ANDERNOLT _ A PROFESS tONAL LIN Co RP. page 2. PALM DESERT.CA-92260 7 - - a June 5, 1978 Mr. Paul Williams Director of Environmental Services City of Palm Desert Palm Desert, California 92260 Dear Paul: As promised I am enclosing a copy of the Preliminary Title Reports for the "Park Site" and proposed fire station site for your review. Obviously these are preliminary reports and ate useful for the purpose of identifying easements and other encumbrances . The trust deed referred to will be satisfied prior to the conveyance of these properties to the City. Sincerely yours, R. L. icer President RLS/jmc enclosures E 1Ui! 1�7u ]ENVIRONMENTAL SERVICES `CITY OF PALM DESERT IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 TITLE IM." URANCE AND TRUST 3490 Tenth Street Riverside,California 92501 IMPORTANT When replying refer to I RON400D Our No. 382019 49-200 MARIPOSA DRIVE PALM DESERT, CA 92260 ATTN: R. E. TUVELL Your No, PARCEL NO. 630-190-025-6 In response to the atx.:o r::.tr:-ccd application for a policy of title in.>erance, Title Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of the oats hereof, a California Land Title Association Stnndard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbr-nce not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed,prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of MAY 17 tw- 19 78 ; at 7:30 a.m. '" ' Y ` L.f'.RRY VI0LASSI Title fficer The estate or interest in the land hereinafter described or referred to covered by. this Report is a fee. Title to said estate or interest at the date hereof is vested in: SILVER SPUR ASSOCIATES, A PARTNERSHIP At the date.hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: ATICOR COMPANY 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1978-1979, .A LIEN NOT YET PAYABLE. 2. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY, NOW SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRIC LINE..SUPPORTING ANCHOR AND GUY WIRES, INCLUDING ANCHOR RODS RECORDED AUGUST 27, 1956 AS INSTRUMENT NO. 59666 AFFECTS A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29 THE CENTERLINE OF SAID EASEMENT IS DEFINED AS FOLLOWS: BEGINNING ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE. SOUTHWEST QUARTER OF SECTION 29, AT A POINT 1 FOOT NORTH OF THE SOUTHEAST CORNER THEREOF, . AND RUNNING THENCE WEST, .PARALLEL TO AND 1 FOOT NORTH OF THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 35 FEET TO A POINT IN THE ABOVE DESCRIBED PORTION OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29. 3. AN: EASEMENT AFFECTING THE. PORTION OF SAID LAND AND FOR. THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, . IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY, NOW SOUTHERN CALIFORNIA EDISON COMPANY FOR POLE LINES, CONDUITS RECORDED AUGUST 151 1958 AS INSTRUMENT NO.. 59062 AFFECTS _ THE SOUTH 6 FEET AND WEST 10 FEET OF THE. SOUTH 71 FEET OF THE EAST 589 FEET, AND THE WEST 10 FEET OF THE SOUTH 71 FEET OF THE EAST 544 FEET OF LANDS HEREIN DESCRIBED 4. A ROAD EASEMENT OVER THAT PORTION OF .LANDS HEREIN DESCRIBED LYING WITHIN LOT "G" AS DEDICATED BY MAP OF SILVER SPUR RANCH SUBDIVISION, AS SHOWN BY MAP ON FILE IN BOOK 30 PAGES 52, 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 5. . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES . STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF COACHELLA VALLEY COUNTY WATER DISTRICT FOR PIPE LINES AND INCIDENTAL PURPOSES RECORDED MAY 27, 1964 AS INSTRUMENT NO. 65204 AFFECTS WEST 30 FEET EXCEPT THE SOUTH 60 FEET 6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY . FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES RECORDED DECEMBER 4, 1964 As INSTRUMENT NO. 145024 AFFECTS THE WESTERLY 10 FEET OF SAID LAND 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED : HEREIN DATED NOVEMBER 30, 1972 AMOUNT $287,500.00 AND 2,365,642.00 TRUSTOR SILVER SPUR ASSOCIATES, A GENERAL PARTNERSHIP COMPOSED OF H V MANAGEMENT CORPORATION, A CALIFORNIA CORPORATION, AND CAIRNTRUST COMPANY, A DELAWARE CORPORATION TRUSTEE SECURITY TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY SILVER SPUR COMMITTEE, A JOINT VENTURE RECORDED NOVEMBER 30, 1972 INSTRUMENT 159000 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION . FOR . CONDUITS AND INCIDENTAL" PURPOSES RECORDED DECEMBER 23, 1974 -.s INSTRUMENT NO. 161737 AFFECTS THE SOUTHERLY 6.00 FEET OF THE EASTERLY 540.00 FEET D E S C R I P T I O N THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE EASTERLY 15 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THE NORTHERLY 330 FEET THEREO,`"; ALSO EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION. EXCEPT FROM SAID 15 ACRES THE WEST 100 FEET OF THE SOUTH 100 FEET OF THE NORTH 430 FEET THEREOF. A PORTION OF SAID PROPERTY IS INCLUDED WITHIN LOT "G" OF SILVER SPUR RANCH UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 30 PAGES 52, 53 AND 54 .OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. -�l•I A♦��� N Pa rr \ b +-ar Cb �r� lIF O L• A Ctv\ a A V J O � r � C. 3 0 , ;w _ � O � _ � I \ lll• w- i 4 y a u 1 01 10 o_ •' ®O• A i M.CifN N/!�• - - f Aa t C c @ ®p N M l A b _ TITLE INSURANCE AND TRUST 3490"Tenth Street Riverside, California 92501 May 19i 1978 IMPORTANT" When replying refer to Ironwood Country Club 382003 49-200 Mariposa Drive Our No. Palm Desert, CA 92260 Attn: R.E. Tuvell You: No. Order for owner's policy _ In response to the above ref.renced application for a policy of title insurance, Titi.- Insurance and Trust Company hereby sports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing tF.e land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This ,-port (and any supplements or amendments thereto) is issued solely for the purpose of facilitatu-tg the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or.Conunitment should ruested. _ Dated as of May 10 19 78 at 7:30 a.m. Larry liolassi/lb Title officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: Silv.er. Spur Associates, a general partnership At the date hereof exceptions to covera.-e in addition to the printed exceptions and exclusions contained in said policy form would be as follows: ATICOR COMPANY 1 . General and special taxes for the fiscal year 1973-1979, a lien not yet payable. 2. A deed of trust to secure an indebtedness of the amount stated herein . Dated November 30, 1972 ' Amount $284,500.00 and $2,365,642.00 Trustor Silver Spur Associates , a general partnership composed of H.V. Management . Corporation, a California corporation, and Cairntrust Company, a Delaware corporation Trustee Security Title Insurance Company, a California corporation Beneficiary Silver Spur Committee, a joint venture Recorded November 30, 1972 Instrument 159000 Said .matter affects this and other property. D E S C R I P T I O N The land referred to in this report is situated in the County of Riverside,. . State of California, and is described as follows : PARCEL 1 That portion of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Meridian_ described as follows: Beginning at the Northeast corner of Parcel 1 as shown by Records of Survey filed in Book 59 Pages 39-42 of Records of Survey, Riverside County Records; THENCE South 00°44'49" east, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet to the true point of beginning; THENCE North 87°37' 17" East, 13.47 feet to a point on the Northwesterly line of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 Pages 52-57 of Maps, Records of Riverside , County, said point being on a 3,050.00 foot radius nontangent curve concave to the Southeast with a radial bearing of North 26°56' 15" West; THENCE Southwesterly along said curve through a central angle of 02059'39" , 159.38 feet; THENCE North 01050' 36" East, 41 .42 feet; THENCE North 59010'46" West, 312.64 feet to a point on a 456.00-foot radius tangent curve concave to the Southwest; THENCE Northwesterly along last mentioned curve through a central angle of 30042'36" , 244.41 feet; THENCE North 89°53'22" West, paralled with 44 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the West line of said Parcel 1 ; THENCE North 01026' 27" West, along the West line of said Section 32 to the Northwest corner of the Southwest quarter of the .Northwest quarter of said Section 32, being also the Northwest corner of of said. Parcel 1 ; THENCE South 89°53' 22" East, along the North line of said Parcel 1 , 915.86 feet to a point on a non-tangent, 544.00 foot radius curve concave to the Southwest with a radial bearing of North .23°18'47" East; THENCE Southeasterly along last mentioned curve through a central angle of 07°30'27" , 71 .28 feet; THENCE South 59°10'46" East, 394. 72 feet; THENCE North 87°37' 17" East, 9. 78 feet to the true point of beginning. PARCEL 2: That portion of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as. shown by. Record of Survey filed i.n Book 59 Pages 39-42 of Records. of Survey, Riverside County Records; THENCE ..South 00°44'49" East, along the Easterly line of said Parcel 1 .and Southerly prolongation thereof, 233.47 feet; . THENCE South 87°37'17" West, 9.78 feet, THENCE North 59010'46" West, 394.72 feet to a point on a 544.00 foot tangent curve concave to the Southwest-, THENCE Northwesterly along said curve through a central angle of 07030' 27" , 71 .28 feet to a point on the North line of said Parcel 1 ; THENCE North 89°53' 22" West, along the North line of said Parcel 1 , 409. 13 feet to the point of beginning. PORT I ON OF THE .,W 1 / 4 OF Tri _ SECT ION? 32 , T . 5S . GF. '%rr/ PIS.51(39'y2:5� zYY.yl• - J, 60 ' 30 2 ¢ 2 / w O p - - - I /6.25Ae.t . / 11JJ.rC2 1 / � 1 t I 9.50 5. 89 c �- i6T,2.FSD Thlt IS not a survey of tho land. but M oafnS! O for Information only. nor Fs it a part of ice* or.policy to which ft may be attaches. 27 MB 79/22-24 7rac1 Ak 5C`3 Doro: G.L.O.; lc�. 2`i-0; 2-C-59 Title fi.-).sUrarjco a:,-id Frust Company RIVERSIDE COUNTY OFFICE - 34GO TENTH STREET RIVERSIDL 02502 - TELEPHONE f 714> 686-4160 MAY 26, 1978 IMPORTANT IRONWOOD COUNTRY CLUB When replying rc[gr to 49-200 MARIPOSA DRIVE Our.o. 382003 PALM DESERT, CA 92260 ATTN: :R. E. TWELL Your No. ORDER FOR OWNER'S . POLICY 1'HE ABOVE NUMBERED REPOI;T (INCLUDING ANY SUPPLEMENTS OR A/AENDAAENTS TFIERETO) IS HEREBY MODIHFD AND%OR SUPPLENIENTFD IN ORDER TO RFFLECT THE. FOLLOWING ADDITIONAL ITEMS RELATING TO TI I : ISSUANCE OF A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE AS FOLLOWS: WE HEREBY WISH TO AMEND OUR PRELIMINARY TITLE REPORT DATED AS OF-MAY 10, 1978. AT 7:30 A.M., TO READ AS FOLLOWS: ADD ITEM NO. 3, 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY FOR PIPE LINE AND INCIDENTAL PURPOSES RECORDED AUGUST 2, 1957 AS INSTRUMENT 'NO. 56235 AFFECTS A STRIP OF LAND 20 FEET IN WIDTH, LYING NORTHWESTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED SIDE LINE: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 32, THENCE NORTH 1037' 10" WEST, ALONG THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF 22.28 FEET TO THE TRUE POINT. OF BEGINNING; THENCE NORTH 49008' EAST, 1706.61 FEET TO THE MOST SOUTHERLY CORNER OF SILVER SPUR RANCH UNIT NO. 2, AS SHOWN ON MAP RECORDED IN BOOK 33, PAGES 2 AND 3, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. THE NORTHWESTERLY SIDELINE OF THE ABOVE DESCRIBED RIGHT . OF WAY SHALL BE PROLONGED OR SHORTENED SO AS TO TERM— INATE IN SAID WESTERLY LINE OF SECTION 32 AND IN THE WESTERLY LINE OF SAID SILVER SPUR RANCH UNIT NO. 2. LARRY W. -VIOLASSI SUBDIVISION TITLE OFFICER LWV/BRH I — 1 r e . till DEPARTMENT 01- REAL ESTATE UI 1111; RECEIVED STATE OF CALIFORNIA TELEPHONE NO. 213-620-2700 F F B 14 1K ENVIRONMENTAL SERVICES CITY OF PALM DESERT In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT SILVER SPUR,ASSOCIATES, a general partnership FILE NO. 42401 ISSUED: OCTOBER 26, 1978 for a Final Subdivision Public Report on EXPIRES: OCTOBER 25, 1983 TRACT NO. 5565-3 "IRONWOOD" RIVERSIDE COL7<V7.'Y, CALIFOINIA This Report Is Not a Reconuncod:llion or Endorsement of the Subdivision But is Itfornnative Only. Buyer or Lessee Must Sign That lie llas Received and Read 'this Report. This Report Expires on Dale Shown Above. If There the Been a 'Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make, any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race., color, sex, religion, ancestry or national origin of the prospective. buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools cin be found on Pag(s 7 and 8 of this report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. - I- R/E Form 618 10/76 COMMON INTEREST SUBDIVISION GENERAL INFORMATION The project described in the attached Subdivision Public Report is known as a common-interest subdivision. Read the Public Report carefully for more information about the type of subdivision. The subdivision includes common areas and facilities which will be owned and/or operated by an owners' association. Purchase of a lot or unit automatically entitles and obligates you as a member of the association and, in most cases, includes a beneficial interest in the areas and facilities. Since membership in the association is mandatory, you should be aware of the following information before you purchase: Your ownership in this development and your rights board.In short,"they"in a common-interest subdivision and remedies as a member of its association will be is"you". Unless you serve as a member of the governing controlled by governing instruments which generally board or on a committee appointed by the board, your include a Declaration of Restrictions (also known as control of Me operation of the common areas and CC&R's), Articles of Incorporation(or association)and facilities js limited to your vote as a member of the Bylaws. The provisions of these documents are intended association. There are actions that can be taken by the to be,and in most cases are,enforceable in a court of law. governing body without a vote of the members of the Study these documents carefully before entering into a association which can have a significant impact upon the contract to purchase a subdivision interest. quality of life for association members. In order to provide funds for operation and Until there is a sufficient number of purchasers of lots maintenance of the common facilities, the association or units in a common-interest subdivision to elect a will levy assessments against your lot/unit. If you are majority of the governing body, it is likely that the delinquent in the payment of assessments,the association subdivider will effectively control the affairs of the may enforce payment through court proceedings or your association. It is frequently necessary and equitable that lot/unit may be liened and sold through the exercise of a the subdivider do so during the early stages of power of sale. 'I he anticipated income and expenses of development. It is vitally important to the owners of the association, including the amount that you may individual subdivision interests that the transition from expect to pay through assessments, are outlined in the subdivider to resident-owner control be accomplished in proposed budget. Ask to see a copy of the budget if the an orderly manner and in a spirit of cooperation. subdivider has not already made it available for your examination. When contemplating the purchase of a dwelling in a common-interest subdivision, you should consider A homeowner association provides a vehicle for the factors beyond the attractiveness of the dwelling units ownership and use of recreational and other common themselves. Study the governing instruments and give facilities which were designed to attract you to buy in this careful thought to whether you will be able to exist subdivision. The association also provides a means to happily in an atmosphere of cooperative living where the accomplish architectural control and to provide a base interests of the group must be taken into account as well for homeowner interaction on a variety of issues. The as the interests of the individual. Remember that purchaser of an interest in a common-interest subdivision managing a common-interest subdivision is very much should contemplate active participation in the affairs of like governing a small community . . . the management the association. He or she should be willing to serve on can serve you well, but you will have to work for its the board of directors or on committees created by the success. DRE 13 Q s`�^�<''<..�� -2- of 8 pages FILE NO. 42401 SPECIAL NOTES THIS REPORT COVERS ONLY RESIDENTIAL LOTS 88 THROUGH 139 AND COMMON AREA LOTS EE, J, K, L., Q, AND S. TAXES: UNDER THE CALIFORNIA CONSTITUTION THE MAXIMUM AMOUNT OF PROP- ERTY TAX ON REAL PROPERTY THAT CAN BE COLLECTED ANNUALLY IS ONE PER- CENT (1%) OF THE FULL CASH VALUE OF THE PROPERTY. FOR THE PURCHASER OF A LOT OR UNIT IN THIS SUBDIVISION, THE "FULL CASH VALUE" OF THE LOT OR UNIT WILL BE THE VALUATION, AS REFLECTED ON THE TAX ROLL, DFTF.RrarnEn BY THE COUNTY ASSESSOR AS OF THE DATE OF PURCHASE OF THE-LOT OR UNIT OR AS OF THE DATE OF COMPLETION OF AN IMPROVEMENT ON THE LOT IF THAT OCCURS AFTER THE DATE OF PURCHASE. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION, THE IRONWOOD OWNERS' ASSOCIATION VII. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BEODME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOC- IATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTLALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND Q, OF THE MAP: INCLUDED AS EXHIBIT "A" TO THE CONDITIONAL USE PERMIT NO. 1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVE- NUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RES- IDENTIAL LOTS WILL BE COMPLETED AS PLANNED. IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROTECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLI- CATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERENCE AND TERMINATION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELTA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA. VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. -3- of 8 pages FILE NO. 42401 SPECIAL NOTES - continued: THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS, AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PRO- VISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PUR- CHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS, TO INCLUDE DIAGRAMS OF LO- CATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION AND THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00, PLUS AT11ORNEY-S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.) INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, to- gether with a membership in Ironwood Owner's Association, VII, and Ironwood Master Maintenance Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert. This Project consists of approximately 15.9 acres divided into 52 residential lots and common area which consists of Lots EE, J, K, L, Q and S, on which corm n-dty facilities consisting of walkways, 3 swimming pools and 2 Hot Pools, 2 cabanas with barbecue and ice maker, and landscaped areas will be constructed. The subdivider has posted a bond, in the amount of $215,300.00, to assure completion of improvements described in the "Planned Construction Statement", attached to the bond. The estimated completion date for these improvements is February, 1979. Lot B is a 'private street. This lot will continue to be owned by the subdivider. However, a non-exlusive easement, in perpetuity, lien free, will be granted to the Ironwood Master Maintenance Association for the benefit of all owners. MANAGEMENT AND OPERATION: The Ironwood Owners' Association, VII, and Ironwood Master Maintenance Association, which you must join, manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and Bylaws. -4- of 8 pages FILE NO. 42401 NONTENANCE AND OPERATIONAL EXPENSES: According to the subdivider's estimate of expenses for maintenance and operation of the project, your monthly assess- ments for the Ironwood Owners' Association, VII, Tracts 5565-1 and 5565-3 will be $188.00. The subdivider should furnish you a copy of the budget. A portion of the total cost to operate the Ironwood Master Maintenance Assoc- iation will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the Master Association. A bond has been posted for a 3-year period to guarantee such payment. In addition to your assessments for Ironwood Owners' Association, VII, there is presently a monthly assessment of $6.00 per lot for the Ironwood Master Maint- enance Association. Thereafter, each owner, including Declarant and the owners of the golf and tennis facilities, will be assessed prorata based upon the number of votes allocated to owners in accordance with the provisions of the recorded restrictions. The sub- divider estimates that by the end of said 3-year period the mad system and gates to be controlled by the Master Association will have been doubled and the costs will, at least, be correspondingly doubled. The total monthly assessments for each lot owner in this Phase is $164.00. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSEMENNT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DE- PARTMENT,OF REAL ESTATE BEFIORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R's or Bylaws. In considering the ad- visability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY EST114ATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH IN- CREASES IN THE COST OF L=G. Monthly assessments will cammence on all lots (numbers 88 through 139) during the month following the closing of the first sale of a lot. From that time, the sub- divider is required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R's. These remedies are available against the subdivider as well as against other owners. The subdivider has posted a bond in the amount of $60,528.00, as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that . the subdivider has satisfied his obligations to the association with respect to . the payment of assessments before agreeing to a release or exoneration of the security. -5- of 8 pages FILE NO. 42401 USES AND ZONING: Lots 126 thru 139 covered in this report will be inproved with duplexes. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrmm►ent No. 3849, and Declaration of Restrictions recorded on October 5, 1978 as Instru- ment No. 211207 which includes, among other. provisions the following: Each Lot shall be used for Single Family Residential purposes only. Non-payment of assessments to owners' association may result in a foreclosure against the owner. The homeowner association may levy a fine against you for violation of CC&R's or By-Laws. The association or its authorized agents shall have the right to enter upon any unit for specific purposes set forth in the restrictions. No animals, livestock or poultry shall be raised except dogs, cats or other household pets may be kept in the owner's unit. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the property, the lender may declare the entire unpaid loan balance immmediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terns of the loan. A late charge. This means that if you are late in making your monthly loan pay- mmlent, you may have to pay an additional amount as a penalty. PURCHASE MDNEY HANDLING: The subdivider must impound all funds received from you in an excrow depository until legal title is delivered to you, except for such amount as the subdivider has covered by furnishing a bond to the State of California. The subdivider has posted a blanket bond covering this and other subdivisions in the amount of $225,000.00. This is the limit of amounts not required to be impounded as of the date of issuance of this Report. The sub- divider may increase or decrease the bond amount in the future. (Ref. Sections 11013, 11013.2(a) , 11013.2(c) , Business and Professions Code.) -6- of 8 pages FILE NO. 42401 GEOLOGIC CONDITIONS: THE UNIFIORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EA=QUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGIDIEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT' OR MORE STRINGENT GRADING ORDIN- ANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION. FILLED GROUND: Some lots will contain filled ground varying to a maximum depth of twenty-four feet. These soils are to be properly compacted for the intended use under the supervision of ,a state licensed engineer. FIRE PROTECTION: Fire protection will be furnished by Riverside County Depart- ment of Fire Protection; in cooperation with the California Division of Forestry, who reports that: Fire protection is provided by the Riverside County, Palm Desert Fire Station, responding with two (2) engines and one (1) squad from approximately 3.5 miles and by the Riverside County, Rancho Mirage Fire Station, responding with one (1) engine from approx- imately six miles. SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge of $5.00 per lot per month. STREETS AND ROADS: All repair and maintenance of the streets within this sub- division will be the responsibility and expense of the Iromwood Master Maint- enance Association. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not available. SCHOOLS: Students will be served by the Desert Sands Unified School District. The schools of attendance, locations and distances from the project are as follows: Washington Elementary School (K-2) , 45-768 Portola, Palm Desert, 2.3 miles; Lincoln Elementary School (3-5) , 74-100 Rutledge, Palm Desert, 3.6 miles; Palm Desert Middle School (6-8) , 74-100 Rutledge, Palm Desert, 3.8 miles; Indio .High School (9-12) , 81-750 Avenue 46, indio, 11.3 miles Free bus transportation is available to all the aforesaid schools. -7- of 8 pages FILE NO. 42401 SCHOOLS - continued: NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities, and bus service. SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project at the corners of Portola Avenue and E1 Paseo and Highway 111. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at 107 South Broadway, Room 7001, Los Angeles, CA 90012. BJ/ -8- and last FILE NO. 42401 RECEIVED APR h IS73 BEFORE THE DEPARTMENT OF REAL ESTATE ENVIRONMENTAL SERVICES CITY OF. PALM DESERT. OF THE STATE OF CALIFORNIA TELEPHONE NUMBER (213) 620-2700 In the matter of the application of PRELIMINARY SUBDIVISION PUBLIC REPORT SILVER SPUR ASSOCIATES, A General partnership FILE NO. 41304 For a Prelim' ry division Public Report on ISSUED: DECEMBER 19, 1977 TRACT NO. 5 65-2 "IRONWOOD ' EXPIRES: DECEMBER 18, 1978 RIVERSIDE CO , CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This is a Preliminary Subdivision Public Report which permits the taking of reservations to purchase or lease a lot or parcel in this subdivision under the following conditions: (1) such reservations must be subject to the approval of the final public report by the proposed purchaser; (2) any valuable consideration Involved must be placed in a neutral escrow depository subject to withdrawal by the proposed purchaser at any time without deductions and an option to cancel his reservation at any time until he approves the final public report; and (3) a copy of the reservation agreement signed by the prospective purchaser and by the subdivider or his agent must be placed in the escrow. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGE SIX OF THIS REPORT. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, martial status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination,distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion,ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. The Filing of This Subdivision With the Department of Real Estate is Incomplete. Do Not Enter Into a Binding Contract to Purchase Until You Are Furnished a Final Subdivision Public Report. Read the Information on the Following Pages. R/E Form 620 —1- 10/76 n l THE FILING OF THIS SUBDIVISION WITH THE DEPARTMENT OF REAL ESTATE IS INCOMPLETE IN THE FOLLOWING RESPECTS: Copies of the recorded map, title report issued subsequent to recordation of map, recorded Declaration of Restrictions, Articles of Incorporation with evidence of filing with Secretary of State, an Engineering Report on Filled Ground, a report on Geological Conditions, and financial guarantees, have not yet been submitted . SPECIAL NOTES THIS REPORT COVERS ONLY RESIDENTIAL LOTS 38 THROUGH 87 AND COMMON AREA LOTS B, G, H, I, C-C AND D-D. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WELL BE OPERATED BY AN INCORPORATED OWNERS ' ASSOCIATION, THE IRONWOOD OWNERS ' ASSOCIATION, VIII . THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES . YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND Q, OF THE MAP: INCLUDED AS EXHIBIT "A" TO THE CONDITIONAL USE PERMIT NO . 1382 . THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE, MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERANCE AND TERMINA- TION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972 . THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS . SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. FILE NO . 41304 (Preliminary) -2- of 6 pages M1' THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS, AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW, THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION, YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THE AGREEMENT YOU WILL SIGN TO RESERVE A LOT IN THIS SUB- DIVISION DOES NOT BIND THE SELLER TO SELL AT PRICES IN EFFECT OR QUOTED TO YOU AT THE TIME YOU ENTER INTO A RESERVATION AGREEMENT. BY THE TIME THE FINAL SUBDIVISION PUBLIC REPORT IS ISSUED TO THE DEVELOPER THE ACTUAL PURCHASE PRICE MAY INCREASE ON SOME OR ALL THE LOTS IN THIS SUB- DIVISION. WARNING: WHEN YOU SELL YOUR LOT (CONDOMINIUM UNIT) TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRrc-TIONS, THE ARTICLES OF INCORPORATION AND THE BYLAWS , IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00, PLUS ATTORNEY'S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.) INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Ironwood Owners ' Association, VIII , and Ironwood Master Maintenance Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert . This Project consists of approximately 9 .8 acres divided into 50 residential lots and common area which consists of Lots B, G, H, I , C-C and D-D, on which community facilities consisting of walkways, 2 swimming pools and jacuzzis, 2 cabanas with wet bar, barbecue and ice maker, and landscaped areas will be constructed. Lot B is a private street . This lot will continue to be owned by the subdivider . However, a non-exclusive easement, in perpetuity, lien free, will be granted to the Ironwood Master Maintenance Association for the benefit of all owners . FILE NO , 41304 (Preliminary) -3- of 6 pages MANAGEMENT AND OPERATION: The Ironwood Owners ' Association, VIII , and Ironwood Master Maintenance Association, which you must join, manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and Bylaws . MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider 's estimate of expenses for maintenance and operation of the project, your monthly assessments for the Ironwood Owners ' Association, VIII , will be $158 .00. The subdivider should furnish you a copy of the budget . A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the Master Association. A bond has been posted for a 3-year period to guarantee such payment . In addition to your assessments for Ironwood Owners ' Association, VIII , there is presently a monthly assessment of $6.00 per lot for the Ironwood Master Maintenance Association. Thereafter, each owner, including Declarant and the owners of the golf and tennis facilities, will be assessed prorata based upon the number of votes allocated to owners in accordance with the provisions of the recorded restrictions . The subdivider estimates that by the end of said 3-year period the road system and gates to be controlled by the Master Association will have doubled and the costs will, at least, be correspondingly doubled . The total monthly assessments for each lot owner in this Phase is $164.00. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, •YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE . The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R's or Bylaws . In considering the advisability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance . THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTI- MATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots (numbers 38 through 87) during the month following the closing of the first sale of a lot . From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns . FILE NO. 41304 (Preliminary) -4- of 6 pages The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R's . These remedies are available against the subdivider as well as against other owners . The subdivider will post a bond as partial security for his obligation to pay these assessments . The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. USES AND ZONING: Lots covered in this report will be improved with duplexes . RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office—of the Riverside County Recorder, January 10, 1974, as Instrument No. 3849, and Declaration of Restrictions to be recorded. TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows : TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1977-1978 FISCAL YEAR IS $11.333. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS . FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust an note will be used. These documents contain the following provisions: An acceleration clause . This means that if you sell the property, the lender may declare the entire unpaid loan balance immediately due and payable . A prepayment penalty. This means that if you wish to pay off your loan in who a or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. A late charge . This means that if you are late in making your monthly loan payment, you may have to pay an additional amount as a penalty . RESERVATION MONEY HANDLING: If you reserve a lot, the subdivider must place all funds received from you in a neutral escrow at the Bank of America National Trust and Savings Association, 73-833 Highway 111, Palm Desert, California. FILE NO. 41304 (Preliminary) -5- of 6 pages SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge of $5.00 per lot per -month. STREETS AND ROADS: The streets within this subdivision are private . All repair an maintenance of the private streets will be the responsibility of the Ironwood Master Maintenance Association. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not ava able . SCHOOLS: Students will be served .by the Desert Sands Unified School Di�`s r t . The schools of attendance, locations and distances from the project are as follows : Washington Elementary School (K-2) , 45-768 Portola, Palm Desert, 2 .3 miles; Lincoln Elementary School (3-5) , 74-100 Rutledge, Palm Desert, 3 .6 miles; Palm Desert Middle School (6-8) , 74-100 Rutledge, Palm Desert, 3 .8 miles; Indio High School (9-12) , 81-750 Avenue 46, Indio, 11 .3 miles . Free bus transportation is available to all the aforesaid schools . NOTE: This school information was provided by the school district prior to issuance of the public report . Purchasers may contact the local school district office for any changes in school assignments, facilities and bus service . SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project at the corners of Portola Avenue and E1 Paseo and Highway 111 . For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at 107 South Broadway, Room 8136, Los Angeles, California 90012 . FILE NO. 41304 (Preliminary) -6- and last RECEIVED BEFORE THE OCT S 1978 DEPARTMENT OF REAL ESTATE OF THE ENVIRONMENTAL SERVICES STATE OF CALIFORNIA CITY OF PALM DESERT TELEPHONE NO. 213-620-2700 In the matter of the application of PRELIMINARY SUBDIVISION SILVER SPUR ASSOCIATES, PUBLIC REPORT a general partnership FILE N0. 42402 For a Preliminary Subdivision Public Report on ISSUED: MARCH 24, 1978 TRACT NO. 5565-4 EXPIRES: MARCH 23, 1979 "IRONWOOD" RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This is a Preliminary Subdivision Public Report which permits the taking of reservations to purchase or lease a lot or parcel in this subdivision under the following conditions: (1) such reservations must be subject to the approval of the final public report by the proposed purchaser; (2) any valuable consideration Involved must be placed in a neutral escrow depository subject to withdrawal by the proposed purchaser at any time without deductions and an option to cancel his reservation at any time until he approves the final public report; and (3) a copy of the reservation agreement signed by the prospective purchaser and by the subdivider or his agent must be placed in the escrow. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, martial status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination,distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information regarding schools can be found on Pages Six and Seven of this report. The Filing of This Subdivision With the Department of Real Estate is Incomplete. Do Not Enter Into a Binding Contract to Purchase Until You Are Furnished a Final Subdivision Public Report. Read the Information on the Following Pages. R/E Form 620 10/76 THE FILING OF THIS SUBDIVISION WITH THE DEPARTMENT OF REAL ESTATE IS INCOMPLETE IN THE FOLLOWING RESPECTS: Copies of the recorded map, title report issued subsequent to recordation of map, recorded Declaration of Restrictions, Articles of Incorporation with evidence of filing with Secretary of State, an Engineering Report on Filled Ground, a report on Geological Conditions, financial guarantees, and an Environmental Impact Report have not yet been submitted. The Budget has not yet been approved. SPECIAL NOTES THIS REPORT COVERS ONLY RESIDENTIAL LOTS 140 THROUGH 193 AND COMMON AREA LOT "GG". THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION, THE IRONWOOD OWNERS' ASSOCIATION, VIII. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND Q, OF THE MAP: INCLUDED AS EXHIBIT "A" TO THE CONDITIONAL USE PERMIT NO. 1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOUp THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERANCE AND TERMINA- TION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. FILE NO. 42402 (Preliminary) -2- of 7 pages THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS, AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THE AGREEMENT YOU WILL SIGN TO RESERVE A LOT IN THIS SUB- DIVISION DOES NOT BIND THE SELLER TO SELL AT PRICES IN EFFECT OR QUOTED TO YOU AT THE TIME YOU ENTER INTO A RESERVATION AGREEMENT. BY THE TIME :SHE FINAL SUBDIVISION PUBLIC REPORT IS ISSUED TO THE DEVELOPER THE ACTUAL PURCHASE PRICE MAY INCREASE ON SOME OR ALL THE LOTS IN THIS SUB- DIVISION. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSONA COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION AND THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500. 00, PLUS ATTORNEY' S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360. ) INTERESTS TO BE CONVEYED: You will receive fee title to a specified ot, together with a membership in Ironwood Owners' Association, VIII , and Ironwood Master Maintenance Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert. This Project consists of approximately 12.2 acres divided into 54 residential lots and common area which consists of Lot "GG" , on which community facilities consisting of walkways, 2 swimming pools and 2 Hot Pools, 2 cabanas with barbecue and ice maker, and landscaped areas will be constructed. The Developer will post a bond for assurance of completion of all common facilities. Lot B is a private street. This lot will continue to be owned by the subdivider. However, a non-exclusive easement, in perpetuity, lien free, will be granted to the Ironwood Master Maintenance Association for the benefit of all owners. FILE NO. 42402 (Preliminary) -3- of 7 pages MANAGEMENT AND OPERATION: The Ironwood Owners' Association, VIII, and Ironwood Master Maintenance Association, which you must join, manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and Bylaws. MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider' s estimate of expenses for maintenance and operation of the project, your monthly assessments for the Ironwood Owners' Association, VIII, will be $158. 00. The subdivider should furnish you a copy of the budget. A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the Master Association. A bond has been posted for a 3-year period to guarantee such payment. In addition to your assessments for Ironwood Owners' Association, VIII, there is presently a monthly assessment of $6.00 per lot for the Ironwood Master Maintenance Association. Thereafter, each owner, including Declarant and the owners of the golf and tennis facilities, will be assessed prorata based upon the number of votes allocated to owners in accordance with the provisions of the recorded restrictions. The subdivider estimates that by the end of said 3-year .period the road system and gates to be controlled by the Master Association will have doubled and the costs will, at least, be correspondingly doubled. The total monthly assessments for each lot owner in this Phase is $164.00. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R' s or Bylaws. In considering the advisability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTI- MATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots (numbers 140 through 193) during the month following the closing of the first sale of a lot. From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns. FILE NO. 42402 (Preliminary) -4- of 7 pages The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R's. These remedies are available against the subdivider as well as against other owners. The subdivider will post a bond as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. USES AND ZONING: Lots covered in this report will be improved with duplexes and Single Family Residences. RESTRICTIONS: This subdivision will be subject to restrictions to be recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrument No. 3849, and Declaration of Restrictions to be recorded, which includes, among other provisions the following: Each Lot shall be used for Single Family Residential purposes only. Non-payment of assessments to owners' association may result in a foreclosure against the owner. The homeowner association may levy a fine against you for violation of CC&R's or By-Laws. The association or its authorized agents shall have the right to enter upon any unit for specific purposes set forth in the restrictions. No animals, livestock or poultry shall be raised except dogs, cats or other household pets may be kept in the owner's unit. TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1977-1978 FISCAL YEAR IS $11. 331. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions : FILE NO. 42402 (Preliminary) -5- of 7 pages An acceleration clause. This means that if you sell the property, the lender may declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a ,penalty in accordance with the terms of the loan. A late charge. This means that if you are late in making your monthly loan payment, you may have to pay an additional amount as a penalty. RESERVATION MONEY HANDLING: If you reserve a lot, the subdivider must place all funds received from you in a neutral escrow at the Bank of America National Trust and Savings Association, 73-833 Highway 111, Palm Desert, California. SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge of $5.00 per lot per month. STREETS AND ROADS: All repair and maintenance of the streets within this su ivision will be the responsibility and expense of the.. Ironwood Master Maintenance Association. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not available. SCHOOLS: Students will be served by the Desert Sands Unified School Dis ct. The schools of attendance, locations and distances from the project are as follows: Washington Elementary School (K-2) , 45-768 Portola, Palm Desert, 2. 3 miles ; Lincoln Elementary School (3-5) , 74-100 Rutledge, Palm Desert, 3.6 miles ; Palm Desert Middle School (6-8) , 74-100 Rutledge, Palm Desert, 3. 8 miles ; Indio High School (9-12) , 81-750 Avenue 46, Indio, 11. 3 miles. Free bus transportation is available to all the aforesaid schools. NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities and bus service. FILE NO. 42402 (Preliminary) -6- of 7 pages SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project at the corners of Portola Avenue and El Paseo and Highway 111. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at 107 South Broadway, Room 7001, Los Angeles, California 90012. Bid FILE NO. 42402 (Preliminary) -7- and last j November 16 , 1978 Paul Williams, Director of Environmental Services City of Palm Desert P. 0. Box '1648 Palm Desert, California 92260 Dear Mr. Williams : Regarding the installation of landscaping improve- ments, please regard this letter as an affirmation of our commitment to the City of Palm Desert that landscaping will be. installed not later than 30 days after final inspection approval for each housing unit in Tract 5565. Further, it is understood that the final inspection approval on the last housing unit of each development would be withheld if the landscaping on that unit were not completed. /Sincerely, f AL. cer /P `►n/ U10 1 d� RLS/jmc Nov 17 9P7' ENVIRONMENTAL SERVICES CITY OF PALP.1 DESERT IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 �•✓ 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 l August 22_, 1978 Mr. Larry Spicer Silver Spur Associates 49-200 Mariposa Palm Desert, CA 92260 Dear Mr. Spicer: Since the City Council 's action on the last tract for the 100-unit villas around the tennis portion of Ironwood, I have been reflecting on the actual procedure that was utilized in considering this matter. I am particularly concerned with regards to the processing of the detailed area plans for portions of Ironwood as simply Design Review Board cases. In review of the Municipal Code, this procedure is totally correct. However, in order to perhaps improve citizen input and to promote better understanding of what's being requested, I am going to suggest that the following procedure be used for subsequent projects in Ironwood. The suggested procedure would consist of a two step process in which the. first step would be the filing of the Design Review Board case along with a property owners' list within 300 ft. of said project. In terms of format, the submittal would be very similar to the submittal you filed on the portion of Ironwood easterly of Mariposa. The City Staff would then notify all pro- perty owners' within 300 ft. of the pending consideration of the Development Plan for a portion of Ironwood, both at the Design Review Board level and the . Planning Commission. Upon approval of the Design Review Board case, I would suggest that the second step in this process would be the filing of the Ten tative Tract, which would go through the normal procedures. While this new procedure on the surface would seem to be a longer process , I think it would be a more effective approach to eliminating the problem that resulted from the last phase being processed. I would hope that you would consider this request and at your convenience let me know. your opinion. Very truly yours, Paul A. Williams, A. I.P. Director of Environmental Services PAW/ks. cc: Ironwood Tract File Mayor Mullins invited input in OPPOSITION to the amendment , and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading aDendmeon esolution No. 78-98, approving the proposed General Plan�AMotion carried unanimously with the members present . E. CASE TT 5of Time) SILVER SPUR ASSOCIATES , Appli ant : Cion of a Request for an 18-Month Extens n ofhe Approval of a Tentative Tract Map for a 17 Unit Medium Density Residential Development , Part of the Ironwood Country Club Project . Mayor Mullins declared the Public Hearing open. Mr. Williams presented the Staff Report indicating that two units of the tract were under construction and the completion of the golf course was underway . The Final Map was approved for a one-year period with the possibility of an 18-month extension. The conditions of approval remain the same, and Staff recommends approval of the extension. Mayor Mullins invited input in FAVOR of the extension. MR. LARRY SPICER, President of Ironwood Country Club , stated that of the 217 units, 119 have been started. He also pointed out that the golf course is completed, and the extension of time would allow them a more relaxed pace of development . Mayor Mullins invited input in OPPOSITION to the extension , and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-99 , approving- an , 18-month extension of time on Tentative Tract Map 5565 . Motion carried unanimously with the members present . VIII . RESOLUTIONS A. RESOLUTION NO. 78-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR 1978-79 TO PROVIDE AN APPROPRIATION FOR THE PAY- MENT OF REFUNDS OF PRIOR YEAR' S REVENUES FROM THE BUILDING EXCISE TAX FUND. Mr. Bouman reported that this resolution would correct an oversight in the budget by allowing the refund of building excise taxes that had been collected. Staff is requesting Jthat Council set up an account of $20, 000 which is a high estimate. However, it there is an excess at the end of the year, the monies will simply be put back into the fund. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-100. Motion carried unanimously with the members present . IX. ORDINANCES For Introduction : _J None For Adoption : A. ORDINANCE NO. 187 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FR01:1 ' S' STUDY TO P.C . (2 ) (U.A. ) , R-2-8 , 000(8) (U . A . ) R-1-12 , 000 (U.A . ) , PR-5 (U.A. ) , P. (U.A. ) , PR-4 (U.A. ) & O. S . (U.A . ) ON PROPERTY GENERALLY LOCATED BETWEEN COUNTRY CLUB DRIVE AND THE WHITE- WATER STORM CHANNEL BETWEEN MONTEREY AVENUE & COOK STREET. July 27 , 1978 Page 6 CITY OF PALM DESERT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Request for an 18-month extension of time on the approval of a Tentative Tract Map for a 217-unit Medium Density Residential Development, part of the Ironwood Country Club Project. III . CASE NO. : TT 5565 (Extension of time) ; Silver Spur Associates, Applicant. IV. CONTENTS: A. Staff Recommendation B. Draft Resolution No. 78- 99. C. City Council Resolution No. 77-89, approving the Tentative Tract. D. Planning Commission Resolution No. 265 recommending approval of the Tentative Tract. E. Applicant's Request. F. Background Information (Staff Report for Case No. TT 5565). --------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: By Resolution No. 78-99, approve an 18-month time extension on the approval of Tentative Tract Map 5565. Justification: 1. Granting the Extension of Time will not in any way adversely affect the public health, safety, or general welfare. 2. The applicant is not proposing any changes to the project and the situation is unchanged since the subject tentative tract was originally approved. � W 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 October 2, 1978 Dept. of Real Estate State of California Subject: Subdivision No. 565-3 nd 5564 TO WHOM IT MAY CONCERN: Tract No. 5565-3 is located in the. Planned Residential 7 units to the acre zone and all property surrounding and abutting said property is the same zone. Subdivision No. 5564 is located in the Planned Resi- dential 7 units to the acre zone and said zone exists to the north and the east of this subdivision. The adjacent zoning to the west is R-1-20,000 and to the south is Planned Residential 7 units to the acre, Drainage and Floodway Overlay. Very truly yours, Paul A. Williams, A.I.P. _ Director of Environmental Services PAW/ks INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of the City Council FROM: Director of Public Works SUBJECT: Approval of Final Map for Tracts 5565-4 DATE: November 21 , 1978 and 5565-5 Recommendation: Adopt Resolution .Nos. 78-154 and 78-157 approving final subdivision maps for Tracts 5565-4 and 5565-5, respectively, and approving Standard Subdivision Agreements relating thereto. Discussion: These tracts are located in the Ironwood Development south of Irontree Drive and east of Quercus Lane, The tracts are the fourth and fifth units, Tract No. 5565, portions of which are now under constructiun or completed. The required Subdivision Agreements, Faithful Performance Bonds; Labor and Material Bonds and C. C. & R's have been executed by the Developer and accepted by the City Attorney. All required fees have been paid. Tract 5565-4 contains 54 lots on 12.57 acres and Tract 5565-5 contains 24 lots on 4.65 acres. Both tracts conform substantially with the tentative map approved by the City Council on August 25, 1977, and as extended on July 27, 1978. r OA i'� Developers: Silver Spur Associates, A General Partnership Ironwood Corporation, Managing Partner 49-200 Mariposa Drive Palm Desert, CA 92260 RESOLUTION NO. 78-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 5565-4 AND APPROVING THE AGREEMENTS RELATING THERETO BE IT HEREBY RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . The Final Subdivision Map of Tract 5565-4, City of Palm Desert, California, is hereby approved as the official subdivision map of said tract, subject to the conditions of the Tentative Map. 2. The Mayor and City Clerk are authorized to executive on behalf of the City a Standard Subdivision Agreement guaranteeing completion of the public improvements required by law. 3. The City Engineer is authorized to receive the improvement security as required by law on, behalf of the City, subject to the approval of the City Attorney as to form. 4. The City Engineer is directed to process the Final Map for recording upon receipt of the required improvement security and the payment of all fees.. CPASSED, APPROVED AND ADOPTED on this day of , 19785 by the followinq vote: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RESOLUTION NO. 78-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 5565-5 AND APPROVING THE AGREEMENTS RELATING THERETO BE IT HEREBY RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . The Final Subdivision Map of Tract 5565-5, City of Palm Desert, California, is hereby approved as the official subdivision map of said tract, subject to the conditions of the Tentative Map. 2. The Mayor and City Clerk are authorized to executive on behalf of the City a Standard Subdivision Agreement guaranteeing completion of the public improvements required by law. 3. The City Engineer is authorized to receive the improvement security as required by law on behalf of the City, subject to the approval of the City Attorney as to form. 4. The City Engineer is directed to process the Final Map for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED AND ADOPTED on this day of , 1978, by the following vote: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California C. CONTINUED CA E NO. TT 5565, SILVER SPUP, ASSOCIATES, Applicant: Consideratio of an Amendmer to the Standard Conditions of Approval and Special Con Approval for Case No. TT 5565 in Order to . Permit Portola Avenue to Become a Private Roadway from its Intersection with Mesa View Drive Extended Westerly to Highway 74. Mir. Williams reported that Resolution 70-88 would amend certain Conditions of Approval for Case No. TT 5565. He further stated that there would be plans for traffic-safety lighting and future agreement for sidewalks. - Mayor Mullins declared the Hearing open and invited input in FAVOR. L,ARRY SPICER, Indian Bells, California, explained that this was rather a housekeeping type of procedure, and that private streets are consistent within the Ironwood Development , as they are all private. Mayor Mullins invited input in OPPOSITION, and none was offered. He declared the Public Hearinq closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution 78-88, approving the Amendment to the Standard and Special Conditions of Approval . Motion carried unanimously. D. CASE NO. TT 11791 . MCBAIL COMPANY Applicant: Consideration of a Request for Approval of a Tentative Tract Map to create 101 Single-family Residen- tial Lots and 3 Lots to Provide for a District Commercial Center, a Common Recreation Area and Open Space from a 40 Acre Parcel located within the P.C. (2) (Planned Commercial , District) and R-2 8,000 (8) (Single-family Residential , 8,000 Sq. Ft. Min. Lot Area, 8,000 So. Ft. of Site Area(du) Zones, Upon Annexation, at the Southeast Corner of Country Club Drive & Monterey Avenue. Mayor Mullins declared the Public Hearing Open. Mr. Williams provided the Council with additional drawings of the proposed Project. He stated that there would be a shopping Center (95,000 Sq. Ft. ) to include a Super Market, Gas Station and Retail shops. He further stated that the Design Review Board had planned for high walls around the. property for protection in the blowsand area, and that the buildings would face the parking lot for added protection against the blowing sand. The common theme would be red tile roofs throughout, with a 25 foot high buffer between Residential and Industrial . He stated that Monterey and Country Club would be the two access points. The recommended floor plan for two stories had been deleted, and the developers were in the process of changing the design. He explained that there would be a 60 foot wide street meandering through the property with five cul-de-sacs. The recreation area would include 2 tennis courts, swimming pool , jacouzi and a small recreation building. Mir. Williams stated that this Project conforms to the Zonine Ordinance and is suitable for the area, and therefore, the Planning Commission, by Resolution 370 recommends approval . He added that the Planning Commission had been split on the lot size issue. Councilman Wilson questioned the Planning Commission's unanimous approval even with the split on the Zoning. Councilman Brush commented on the possible monotony_ of having the roofs all the same, whereas Mr. t4ifllams explained that the roof design would not be the same throughout, but that the red tile would tie it all together. Councilman MiePibrarider requested a drawing of th,e cor.Pnercial section. She also commented on the 1644 foot three bedroom house plan as being tight. Mir. iJilliams responded that the issue of the house size had been discussed many imcs. ": 1.1s :e T01 df!` r( iY : '0' il ippICl `'; L d 1 ... MIKE GALLAGHFR MCBAI! COr!P.ANY. presented a hr of explanation that the ma.iority of the homes were from 8 1 00 to 2000 sq. ft. , with approximately 20;:; of them at the 1644 so. ft. size. In response to Councilman Brush' s oil he LIIC roofs, he tell hat hl t curving street would break up the monotony. _ 4 X.III OLD BUSINESS A. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract 5565-3, Silver Spur Associates , Applicant. Mr. Clyde Beebe reported that this Tract consists of 52 lots, Tentative Map approved at the August 25th meeting. He further stated that Sub- divider had met all conditions of approval and signed all agreements. Mr. Beebe also .pointed out that the City is very aware of drainage problems, and stated that drainage basically heads for the Clubhouse, which has provisions for handling the water drainage. Staff recommends i approval . I Councilman McPherson moved, and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-94, approving Final Tract Map for Tract No. 5565-3. Motion carried on the following vote: AYES: Brush, McPherson, Wilson & Mullins NOES: Newbrander ABSENT: None ABSTAIN: None -B. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract No. 5564, Silver Spur Associates , Applicant. Mr. Beebe reported that this Tract drains into the golf course and Deep Canyon. He requested Council 's approval by Resolution 78-95. Councilman McPherson moved, and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-95, approving Final Tract Map for Tract No. 5565. Motion carried on the following vote: AYES: Brush, McPherson, Wilson & Mullins NOES: Newbrander ABSENT: None ABSTAIN: None C. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract No. 11207, Compton, Russie and Root, Applicant; Clyde Beebe reported that this Tract is unique, in that all improvements except $1 ,000 worth had been completed in the years past. Councilman McPherson moved, and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-96, approving. Final Tract Map for Tract No. i1207. Motion carried unanimously. XIV. ORAL COMMUNICATIONS None XV REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman announced that he had received a letter from Steve Fleshman or July 13 , 1978, addressed to the Mavor and City Council rPauestinq that the City Council cc ,,-Ih_ rind r., i c r t ev No 2r e 1 Co �ci a..,u,. iu ,,,ictior; over, Ce_ i ,; Re✓i`t: Case ���_�. 7 H stated that there ::a, sonic a.?troversy Siitf the Projelft, corner of Highways ill and 74. located at the i Councilman Brush questioned why the case should be called up. for. bouman replied that there Was controversy over the quality of Archi- tectural features. Councilman Wilson suggested there be a full report from the Staff, and Ifr r1Un'a!i said this would be ?nC1 UdPd in the Agenda paCh:a ne he - ,� for the duly 27th meeting. Councilman McPherson stated that he would abstain. Councilman Brush asked vrhat vote would be required to call , and David Erwin , City Attorney, rec•lied that it o-rould require a 3-1 vot_ or majority. PUBLIC HEARINGS (cont ed) Councilman Brush inquired as to the objection to taro-story buildings and Mr. Gallagher explained that it was mainly because of the heat. MR. JOSEPH TOBIN, Indian Wells, California, Director of Development at the Eisenhower Medical Center, addressed Council stating that one of the big problems they have at Eisenhower in recruiting help is the availability of adequate housing. He also stated that he felt this Development would alleviate traffic problems for their employees, as they could form car- pools to and from work. Therefore, Mr. Tobin declared they were in favor of the development of this Project, as it would be a big help to the future growth of Eisenhower Medical Center. Councilman McPherson stated that the applicant should be commended on the j planning of the meandering streets with the Village atmosphere. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-89, Approving the Tentative Tract subject to the Conditions of Approval . Motion carried unanimously. E. CASE NO. CUP 04-78, HOPE LUTHERAN CHURCH, Appellant: Consideration of an Appeal of a Condition of Approval of Conditional Use Permit CUP 04-78 which Approved an over-all Development Plan for a Church-School Complex, Partially Developed, at the Northeast Corner of Portola Avenue and Fairway Drive. Specifically, the Appellant is Appealing Special Condition No. 2 which would require Curbs, Gutters and Sidewalks along Portola. Mr. Williams reviewed the Staff report, stating that the Planning Commission had granted relief on Underground utilities. He further stated that due to the increase in traffic on Portola, the Planning Commission felt that this request is not justified and recommend denying the appeal . Mayor Mullins invited input in FAVOR of the appeal . MILAN MILKOVICH, Palm Desert, addressed Council , stating that he felt "_ne requirements had changed from time to time and that Hope Lutheran Church had been in compliance with the former plan, therefore, did not feel they should be responsible for the expense of new curbs and gutters. i. REV. DARYL BJERKE, 45-930 Panorama Drive, Palm Desert, Pastor of the Hope Lutheran, Church, addressed Council reiterating what Mr. Milkovich had said. He stated that Hope Lutheran Church had been very cooperative in the past, and felt they had complied with the original requests of the Planning Commission. Mayor Mullins inquired as to when the Curbs and Gutters had been installed. Rev. Bjerke replied that they had been put in 18 years ago when the parking lot was put in. Councilman Brush questioned whether there would be room for sidewalks at the location of Fellowship Hall . Mr. Williams responded that there would be enough room for Curbs and Gutters, possibly not sidewalks. Mayor Mullins stated that everything possible should be done to make Portola safe and widened. Clyde Beebe announced that th2v are not: putting in 8" Curb facie- .and that the F'' that Is now In would not be adequate to carry water-tiov . The curb in question was measured to be 514 inches at Hope Lutheran Church and E inches at the !,!ashington School . (Mayor flullins declared the Public Hearinq_ closed. uuO nC: man (9CPi:?rsun moved , and Counrl . imlan elilson =ec�'nGP tC Den` tr?:_ Appeal by adopting kesolution No. 78-90. Hotion carried unanimously. dill. RESOLUTIONS Ory A R�SOLuTiOid HCITrC� r;CIL Ir,�OF T , CI it PALJ� DESERT , CALIFORN'IA, ACCEPTING THE OFFER OF A FIRE STATION SITE, DEDI- CATION OF PUBLIC RIGHT-OF-WAY, AND THE EXTENSION OF MESA VIEW'. FROr,I THE SILVER SPUR ASSOCIA: c�, AND AUTHORIZING THE MAYOR TO ESCR011.' ON THE OFFER AND EXECUTING THE AGREEMENT FOR THE IMPROVEt°i ';I OF ME VIEW DRIVE lid COMPLIANCE ;I i H THt CONDi 11 OF APPROVAL 0` T Mr. Willias reported that Fire Marshall Bud Engel had required additional Fire protection and as a result Silver Spur Associates agreed to orovide � - �, 7 S C,G • - 5 - VIII RESOLUTIONS (continued) the City with a Site suitable for a Fire Station, This Resolution authorizes the Mayor to execute the Agreement for improvement of Mesa View Drive and enter Escrow on the offer of land. Councilman McPherson moved, and Councilman Newbrander seconded to waive further reading and Adopt City Council Resolution No. 78-91 . Motion carried unanimously. B. RESOLUTION NO. 78-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALiFORfVIA, ACCEPTING THE OFFER. OF A PARK SITE OF APPROXI- MATELY 15 ACRES FROM THE SILVER SPUR ,ASSOCIATES, DETERMINING THAT THE SAID DEDICATION MEETS THE TOTAL PUBLIC FACILITIES REQUIREMENT FOR THE PROJECT KNOWN AS IRONWOOD, PURSUANT TO CHAPTER, 26.48 OF THE MUNICIPAL CODE AND AUTHORIZE THE MAYOR TO ENTER INTO ESCRO';J ON THE OFFER AND EXECUTE THE RELATED AGREEMENT. Mr. Williams reported that this Dedication meets requirement for total Ironwood Development. Staff recommends adoption of this Resolution, which would allow the Property to be transferred. Councilman McPherson stated that Ironwood is to be commended for their Community minded spirit. Mr. Bouman pointed out that money would have to be appropriated for Escrow fees. Councilman Wilson moved, and Councilman Brush seconded to waive further reading and adopt City Council Resolution No. 78-92. Motion carried unanimously. C. RESOLUTION NO.. 78-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB-325 CLAIM (LOCAL TRANSPORTATION FUND) FOR THE 1978-79 FISCAL YEAR. Mr. Bouman reported that each year, under the Senate Bill 325, the City is entitled to certain amount of monies collected from Gasoline tax, to be used for maintenance of Streets and Highways. This action by City Council authorizes the City's application to SCAG for money in the amount of S131 ,212. to be spent for this purpose. He added that City is not assured of getting as much as applied for. Councilman Brush moved, and Councilman Newbrander seconded to waive further reading and adopt City Council Resolution No. 78-93. Motion carried unanimously. ix 0RDINA,,'CES For Introduction: None For Adoption.: None X CONSENT ITEMS HELD OVER None {i COt,]TINUING BUSINESS None A. REOUEST FOR APPROVAL of Grant Deed for a 14' Wide Right-of-I,lay at the Mr. uoU:":ia 1. re^,Cif"mod that this iLe? involves trn C.1 LV' S acraDta nce o7 Dedication of Land for the puryse of Street wideAng. Councilman Brush moved , and Councilman Wilson seconded to Accect the Dedication � Authorize th ity Clerk to Record. lotion carried unanimously. .: .._�icn any .� r r� - 6 - .1 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 — TELEPHONE (714) 346-0611 June 26, 1978 � ���^�\ LEGAL NOTICE \rY CITY OF PALM DESERT REQUEST FOR AN EXTENSION OF TIME ON THE APPROVAL OF A TENTATIVE TRACT MAP FOR A 217-UNIT MEDIUM DENSITY RE- SIDENTIAL PROJECT, PART OF THE IRONWOOD COUNTRY CLUB DEVELOPMENT. CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by SILVER SPUR ASSOCIATES for an 18-month time extension in which to file the final map for Tentative Tract 5565 for a 217=unit medium density residential project, part of the Ironwood Country Club Development, more partiuclarly described as: APN 631-250-002 APN 631-250-008 APN 631-250-011 APN 631-270-008 APN 631-270-018 _. A v E NNE - III - /J I 1.:♦^ ;,/l -- - TT 5565 / Zu C I SAID Public Hearing will be held on Thursday, July 27, 19785 at' 7`.00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly"P.ear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN , City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post June 29, 1978 RESOLUTION NO. 78-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE OFFER OF A PARK SITE OF APPROXIMATELY 15 ACRES FROM THE SILVER SPUR ASSOCIATES , DETERMINING THAT THE SAID ' DEDICATION MEETS THE TOTAL PUBLIC FACILITIES REQUIREMENT FOR THE PROJECT KNOWN AS IRONWOOD, PURSUANT TO CHAPTER 26.48 OF THE MUNICIPAL CODE AND AUTHORIZE THE MAYOR TO ENTER INTO ESCROW ON THE OFFER AND EXECUTE THE RELATED AGREEMENT. WHEREAS„ the=Chapter:2.6. 48 of the Palm Desert_-Mu-n cipal, . Code requires that a minimum offive-percentTof the land within' any_su-bdvsion--be--�gi-ven-to-t•he-City� s_a--dedicat-ion_ or as a Cfee for public facilities purposes; and, - � WHEREAS, on large projects, .4wh hci are self-contained and deve.lop.edT incrementally a"s many subdivis ions ,-t-he-=dedication of` (small individual portions of each subdivision would not provide ithe City with any usable property to meet the publicfacilities needs of the rojec-t--or the community_; and WHEREAS, the Council believes that an-early agreement by 'the City and developers of large projects to dedicate prope'r.ty of- sufficient size and location , in compliance with the City's_ General-Plan, to meet or exceed the required for the total project under Chapter 26.48 of the M-u-n-cipal- -Code-would -be--a--more__ logical 6 d reasonable procedure_;] and, _ - WHEREAS, the Ironwood Country Club - Silver Spur Associates Developers, is such a project; and, WHEREAS, the City Council and Silver Spur Associates have reached an_agreement as to a specific site within the _Ironwood ho.ld ngs which would more than satisfy the requirements of Chap fer `` 26. 48 of the Muncipal Code;- and-;- ---- --- -- - - — - -J WHEREAS, said site, being 15. 3 acres more or less to tca ed easterly of and adjacent to th intersection of Chia Drive and' Skyward Way has been determined by the City Council as the, -J Eappropriate dedication to fulfill the total requirement of the Ironwood project and provide a two and three tenths acre credit_ which- would be available and applicable to additional real property which may b_e--subsequently acquired _by _Silve_r_ Spur Associates-; and'; _�-- - __ --` - - ----1 WHEREAS, said determination is based upon five percent of the remaining developable acres within the{{--I-r-o-n-wo-o_d_ Project as of August 1, 1977 which is determined to be1261. 83 ac er s; and, �1NHEREAS_; Si--l-ver. Spur:Associates,_�by-a letter dated March t23, 1978 did make the above described -offer which the City` Council-did accept 'by- a unariimous -mi nut e`motion at its regularly scheduled meeting-of-March 23;1978I -and,_ - ---' WHEREAS , an agreement and escrow instructions, attached hereto and labeled Exhibit A, was developed which include a number of commitments on the part of the_City and Silver Spur Associates including the above described commitment . NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert , California, as follows : - 1. That the above recitations are true , correct , and constitute• the findings of the Council in this matter. 2. The public facilit-i-es_n-eeds_o.f t.h.e_I-r-onwood Country Club would_-.be-_best met by the acceptance-of—an-- individual park_ site at the proposed location . 3. The Mayor is hereby authorized to execute the attached agreement and escrow instructions. t- --- - - -. - ct - RESOLUTION NO . 78-92 Page 'Iwo 4 . The City Clerk. is hereby directed to provide all necessary documentation to the escrow company and sufficiently . indicate the—fulfillment of the City' s rem obligations under Paragraph 3 of the Ageent and Escrow Instructions.- 5 . The Di.r_ectox of— in.an.ce--ems-hereby-- d reefed t.o pr_ovide the fees as specified in Section 5 of the_Agreem_ ent {-a`nd Escrow Instructions to the escrow company. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council held on this 13th day of July, 1978 by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: EDWARD D. MULLINS, Mayor ATTEST: v SHEILA R. GILLIGAN, City Clerk RESOLUTION NO. 78-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA , ACCEPTING THE OFFER OF A FIRE STATION SITE, DEDICATION OF PUBLIC RIGHT-OF- WAY, AND THE EXTENSION OF MESA VIEW, FROM THE SILVER SPUR ASSOCIATES , AND AUTHORIZING THE MAYOR TO ENTER ESCROW ON THE OFFER AND EXECUTING THE AGREEMENT FOR THE IMPROVEMENT OF MESA VIEW DRIVE IN COMPLIANCE WITH THE CONDITIONS OF APPROVAL OF TRACT 5565 . . . WHEREAS, the City Council did require that Silver Spur Associates provide the City with a suitable fire station site I as a part of its approval of Tract 5565 by Resolution No. 77-89 . and WHEREAS, by a letter of commitment dated March 17, 1978, Silver Spur Associates did commit to, not only providing a suit- able fire station site, but also to : i . dedicate and improve the adjacent roadway known as Mesa View Drive from Alamo Drive to Portola Avenue , and: ii . construct a six foot high masonry wall along the east side of the proposed fire station site. WHEREAS, the City Council , at .its regularly scheduled meeting of March 23, 1978 , did, by a unanimous minute motion , accept the offer described above as complying to its requirements on Tract 5565 ; and , WHEREAS, an agreement and escrow instructions have been \prepared and approved by the City Attorney which finalizes several ommitments on the part-of-the_City and Silver Spur Associates ` including the commitment discussed hereto_;_and�__ WHEREAS, said agreement and escrow instruction is attached to City- Council Resolution No. 78-92 as Exhibit A . NOW THEREFORE BE IS RESOLVED by the City Council of the City of Palm Desert , California as follows : 1. That the above recitations are true, correct and constitute the findings of the Council in this matter ; 2 . The proposed agreement and escrow instructions attached to City Council Re ti soluon 7 No. 8-.92,asTE-xhbit_ATpro- vides for the transfer of an appropriate site for a fire station and requires improvements in compliance with the requirements_of_City-Council-Resolution_No .`77 89. 3. The Mayor is hereby authorized to execute the agreement and escrow instructions if City Council Resolution No . 78-92 is subsequently adopted. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council held on this 13th day of July , 1978 by the following vote, to wit : AYES: NOES : -- ABSENT: ABSTAIN: EDWARD D. MULLINS , Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk j , AGREEMENT & ESCROW INSTRUCTIONS This Agreement and Escrow Instructions entered into as of the date hereinafter set forth by and between the City of Palm Desert, California (the "City") a municipal corporation and Silver Spur Associates, a general partnership by Ironwood Corporation, its managing general partner ("Ironwood") , is made in respect of the following facts: A. As conditions to the City ' s approval of Tentative Tract Map for Tract No. 5565, Ironwood is required to take certain action and, in consideration of such conditions , the City approved final tract maps for Tracts 5565-1 and 5565-2 . B. The City and Ironwood desire to delete or modify certain of the conditions for approval of the maps for Tracts 5565-1 and 5565-2 , in consideration of the covenants and conditions herein set forth. C. To perform its obligations under certain of the conditions, obtain . a modification of its obligations under other conditions and perform at least in part anticipated future obligations to dedicate park land, all as more fully set forth herein Ironwood is willing to convey to the City, subject to the reservation of easements and satisfaction of the City' s obligations hereunder, certain land for use as a fire station, public roadway and park and to construct certain improvements hereinafter set forth. Now therefore in consideration of the premises and the mutual covenants 'and conditions herein contained, the City and Ironwood agree as follows : 1. Conveyance of Land; Reservation of Easements. Ironwood agrees to convey, upon close of the escrow hereinafter referred to, to the City: (a) That certain real property consisting Of (i) a triangular parcel of 1. 10 acres, more or less, for a fire station to be constructed and maintained by the City and (ii) those two strips of real property, respectively 88 feet and 44 feet wide, consisting of 1. 89 acres , more or less , . for roadway purposes as all such real property is more particularly described on the forms of Grant Deed attached as Exhibits A and B, said conveyance to be' by Grant Deeds substantially in the form of Exhibits A and B. (b) That certain real property consisting of 15. 3 acres, more particularly described on the form of Grant Deed attached as Exhibit C, said real property to be used for park purposes and said conveyance to be by Grant Deed substantially in the form of Exhibit C, reserving to Ironwood the easements therein set forth. 2. Other Obligations of Ironwood. In addition, Ironwood shall, by the earlier of (i) the date Tract -2- 5565 is completed or (ii) three years after close of the Escrow (unless prevented by .acts of God, strikes or other occurrences not within Ironwood' sscon:trol in which event Ironwood shall have a reasonable addi- tional time in which to complete its obligations) construct the following improvements : (a) A masonry wall (of such design and material as shall be approved by the City 's Design Review Board) six feet in height (from the average ground elevation) along and within 6 feet of the easterly boundary of the real property referred in clause (i) of paragraph l(a) above. (b) A roadway wide enough for two lanes of traffic along the length of the parcel referred to in clause (ii) of paragraph 2 (a) above, said road- way to (i) be located at such place on the aforesaid parcel as Ironwood shall determine, . (ii) be designated Mesa View Drive (iii) be graded and improved in such manner as to satisfy the City 's specifications for public streets; and (iv) after completion, be maintained and repaired by the City at the City ' s sole cost and expense, Ironwood to have no liability or responsibility whatsoever in respect of the roadway other than to construct it as herein provided. 3. Obligations of the City. Prior to the close of escrow, the City shall : -3- t (a) Amend or cause to be amended, by appropriate action of its City Council and, if applicable, any other municipal or other agencies , its general plan to reduce the designation and usage from major highway to a private local street of that portion of Portola Avenue described generally as the portion beginning at the easterly intersection of Mesa View Drive with' Portola Avenue and westerly therefrom to its junction with State Highway 74. (b) Delete or modify in the manner set forth below the following conditions of approval by the City of the maps for Tentative Tract 5565 and the final maps for Tracts 5565-1 and 5565-2 : (i) Standard Conditions 3 and 15 to be deleted. (ii) Special Conditions 3, 10 and 11 to be deleted. (iii) Special Condition 6 to be modified to change the reference to Irontree Drive to Mesa View Drive. (iv) Special Condition 12 to be modified to read in its entirety as follows : -4- "Storage space for a minimum of 8 auto- . mobiles shall be provided on Portola Avenue west of Mesa View Drive . (c) By appropriate process , vacate the dedication of the portion of Portola Avenue designated as Lot T on the final tract map for Tract 5565-1. 4. City' s Acceptance of Park Land. The City agrees to accept the conveyance of the real property referred to in paragraph 1 (b) in full satisfaction (without further requirements for site improvements , maintenance or other fees or expenses) of the re- quirements of Section 26 .48 .060 of the Municipal Code of the City (i) insofar as such requirements apply to all real property presently owned by Ironwood and its affiliates (whether the subject of past, current or future development of the Ironwood Country Club or any related development) and (ii) as to 2. 3 acres of the real property referred to in paragraph l (b) , insofar as such requirements are applicable to additional real property which may be acquired by Ironwood and its affiliates for development as a part of the Ironwood Country Club or any related development. It is understood that the provisions of clause (ii) of the preceding sentence are in no way intended to limit the amount of real property -5- Ironwood or its affiliates may acquire for further development or the City' s right to insist on full compliance with the aforesaid Section 26 .15-6 in connection therewith, it being solely the intention of the parties that in connection with any such future acquisition, Ironwood shall be entitled to be credited with full or partial satisfaction of the requirements of said Section based upon the application of its requirements to the size and intended usage of any such real property hereafter acquired. 5. Escrow. (a) Within five business days after the date hereof, a signed copy of this Agreement shall be deposited with the Bank of America, Palm Desert Branch, Palm Desert, California 92260 ( "Escrow Holder") in order to open- an escrow to complete the transfer by Ironwood of the real property herein described and the City ' s obligations . By such deposit, Escrow Holder shall be authorized and instructed to act in accordance with the provision: of this Agreement, which Agreement together with Escrow Holder' s standard general. conditions shall constitute Escrow Holder' s escrow instructions . Ironwood and City shall each deposit such other instruments as are necessary to close the Escrow and complete the transfer of the real property -6- by Ironwood and the bompletion of the City 's obligations in accordance with the terms of this Agreement. (b) The Escrow shall close within 30 days after the date hereof unless the closing date is exten- ded by the mutual written agreement of both parties. In the event that Escrow shall fail to close for any reason, each party shall bear its own costs , and Ironwood shall bear the escrow fee. If the Escrow closes , the expenses of the Escrow shall be paid in the following manner: (i) Ironwood shall pay the cost of the title insurance policy called for in paragraph 6 , and the City shall pay all documentary transfer tax:-on the grant deeds and cost of recording the grand deeds . (ii) Ironwood and the City shall each pay one-half of Escrow Holder' s escrow fee. (iii) Real property taxes on the real property for the current fiscal year shall be prorated as of the close of Escrow, based upon information to be provided to Escrow Holder by the City and Ironwood. 6. Title. (a) Attached hereto as Exhibits D and E are Preliminary Title Reports describing the state -7- of title to the real property referred to in paragraph 1, each issued by Title Insurance and Trust Company ( "TI") . The City shall accept , title to the Real Property subject to: (i) Non-delinquent real property taxes on all of the said real property; and (ii) Exceptions 2 , 3, 4 , 5, 6 , and 8 as shown in Title Report No. 382019 and Excep- tion 3 as shown in Title Report No. 382003. Ironwood shall discharge the liens noted in Exception 7 of ,Title Report No. 382019 and Exception 2 of Title Report No. 382003 at or prior to the close of Escrow. (b) At the closing the City' s title to the real property shall be insured by a CLTA Owner' s Policy of Title Insurance issued by TI with liability in an, amount to be determined by the City showing title to the real property vested in the City subject to the matters set forth in paragraph (a) above and to the easements reserved in the grant deeds attached as Exhibits A and B. 7. Attorneys ' Fees. In the event of any action seek- ing enforcement of any of the terms and conditions of this Agreement, or in connection with the Real Property, the prevailing party in such action shall be awarded, in addition to damages , injunctive or other relief, its reasonable costs and expenses , not limited . -8- to taxable costs and reasonable attorneys ' fees. 8. Notices. All notices under this Agreement shall be effective (i) upon personal delivery to Ironwood, the City or Escrow Holder, as the case may be , or (ii) two business days after deposit in the United States mail, registered or certified mail, postage fully prepaid and addressed to the respective parties as follows : To the City: City of Palm Desert P.O. Box 1977 Palm Desert, California 92260 To Ironwood: Attn: Mr. R.L. Spicer Silver Spur Associates 49-200 Mariposa Drive Palm Desert, California 92260 Copy To: Agnew, Miller & Carlson 700 South Flower Street Suite 1600 Los Angeles , California 90017 Attn: Peter L. Eppinga To Escrow Holder: Bank of America Palm Desert Branch Palm Desert, California 92260 or to such other address as the parties may from time to time designate in writing. 9. Entire Agreement -- Amendments. This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein; and no prior agreement or understanding pertaining to any such matter shall -9- be effective for any purpose. No provisions of this . Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties hereto. 10. . Successors. The terms, covenants and conditions of this Agreement, shall be binding upon and shall inure to the benefit of the heirs, executors , ad- ministrators and assigns of the respective parties hereto. 11. Assignment. Neither party may assign its rights hereunder without the prior written consent of the other party. Said consent shall not be unreasonably withheld. 12. Choice of Laws. This Agreement shall be governed by the law of the State of California and any questions arising hereunder shall be construed or determined according to such law. 13. Headings. Headings at the beginning of each numbered paragraph of this Agreement are solely for -10- the convenience of the parties and are not a part of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement this day of July, 1978. City of Palm Desert A Municipal Corporation By Mayor ATTEST: City Clerk Approved a Form: i 3 City` XF Eorney %% Silver Spur Associates , A General Partnership by Ironwood Corporation, its managing general partner R.L. Spider -11- C RECOTDING .REQUESTED BY( ( V_� Aw0 WMLw TCCOMDLO MAIL TO Nom, Sie,el Addre" c t, a SPACE ABOVE THIS LINE FOR RECORDER'S USE -- MAIL tA%STATEM[wf5 TO Nome - CITY OF PALM DESERT DOCUMENTARY TRANSFER TAX s....__.:............. _ stMr P. O. Box 1977 OR`CO COMPUTED OND ON IFULLIUE OF VALUE PROPERTY IIENS ANDF,YED, Add,, Palm Desert, )C(a. 92260 ENCUNIBRANCES REMAINING AT 'I'1NIF. OF SALE. city 6 stole L J Signature of Declarant or Agent determining tax. Firm Name Con-wration Grant 'Deed GU855• THIS FORM FURNISHED 6Y TRUSTORS SECURITY SERVICE FOR A VALUA13LE CONSIDERATION, receipt of which is hereby acknowledged. SILVER SPUR ASSOCIATE , a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the state of California, hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, the following described real property in the City of Palm Desert, County of Riverside , State of California: That portion of the Southwest quarter of the Northwest quarter of Section 32 , Township 5 South, Range 6 EAst, San Bernardino Base and Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, pages 39-42 of Records of Survey, Riverside County Records; THENCE South 00 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233. 47 feet; THENCE South 870 37' 17" West, 9.78 feet; THENCE North 59' 10 ' 46" West, 394. 72 feet to a point on a 544 foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 70 30' 27" , 71. 28 feet to a point on the North line of said Parcel 1; THENCE North 890 53 ' 22" West, along the North line of said Parcel 1 409. 13 feet to the Point of Beginning. - Containing 1. 10 acres, more or less. In Witness Whereof., said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by ifs President and _ Secretary thereunto duly authorized. SILVER SPUR ASSOCIATES , a General Partnership, by IRONWOOD CORPORATION, Managing General Partner Dated: STATE OF CALIFORNIA, SS. BY COUNTY OF On- before me, the under- signed, a Notary Public in and for said County and State, personally By President appeared— - known try nit to be the President, and known to me, to be __- Secretary of the Corporation that executed the By ,cithin lnstrameny known to me to be the persons who executed the Secretary cithin Instrument on behalf of the Corporation therein narnetl, and acknor.wledged to rite that such Corporation executed the,within lnstnt- ment pursuant to it; by-laws or a resolution of its hoard of directors. WITNESS my hand and official seal. (Seal) Title Order No Si�natur File, Escrow or Loan No Name (Typed or Printed) Notary Public in and for said County and State tt n +AAII TAX STAT !i=NTS AS DIRECTED A3C`J_= �,y1 /� ./ / 7 t� RECORDING REOUESTED BY ANO WMlM rrCCO„DCO MAIL TO Nom• Sr,nel '.ddrou Or, G $'ore L I J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAn TAX STA 1—TS TO Nnne F CITY OF PALM DESERT DOCUMFNTARY TRANSFER TAX S.....................__._._....____.__..._ P. O. BOX 1977 -COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, sr—, OR COMPUTED ON FULL VALUE LESS LIENS AND aa,er. Palm Desert, Ca. 92260 ENCUMBRANCES REMAINING AT TIME OF SALE. ever L Score J Signature of Declarant or Agent determining tax. Firm Name Corpora-lion, Grant Deed G0945' THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the state of California, hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, for the purpose of road right-of-way, the following described real property in the City Of Palm Desert, County of Riverside State of California: That portion of the Southwest quarter of the Northwest quarter of Section 32 , Township 5 South, Range 6 East, San Bernardino Base and Meridian, described on SCHEDULE "A" attached hereto and made a part hereof. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and _ Secretary thereunto duly authorized. Dated: - SILVER SPUR ASSOCIATES, a General STATE OF CALIFORNIA, Partnership, by IRONWOOD CORPORATION, COUNTY OF SS. Managing General Partner On before me, the under- signed, a Notary Public in and for said County and State,personally By President appear known to me to be the President, and known to me to be Secretary of the Corporation that executed the By within Instrument, known to me to he the persons who executed the Secretary within Instrument on behalf of the Corporation therein named, and acknowledged to nTe thatsuch Corporation executed the within Instru- ment pursuant to its by-laws or a resolution of its hoard of directors. WITNESS my hand and official seal. (Seal) Title Order No Signature File, Escrow or Loan No Name (Typed or Printed) Notary Public in and for said County and State H /U�NAlI TAX ST�,f MINTS AS C1. =C7`c0 A?O'J �� /T g. THAT PORTION of the _ jth:.est quarter of the North:*e, quarter of Section 32, To:rnship 5 South, Range 6 East, San Bernardino Base and Meridian, described as follo.as: COMMENCING at the Northeast corner of Parcel 1 as shoa:m by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South 0' 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.117 feet to the True Point of Beginning; T HENCE Nor th 87' 37' 17" East, 13.47 feet to a point on the North•.,;esterly line of Lot "A" (Porto]a Avenue) as shown by map of Tract 5554 filed in Book 81 , Pages 52 - 57 of Maps,. Records of Riverside County, said .point being on a 3050-foot radius non-tangent curve concave to the Southeast with a radial bearing of North 26' 56' 15" West; TH;,NCE South.oesterly along said .curve through a central angle of 2' 59' 39", 159.38 feet; THENCE North 1 ' 50' 36" East, 41 .42 feet; THENCE Forth 59' 10' 46" West, 312.64 feet to a point on a 456-foot radius tangent curve concave to the Southwest; THENCE North.jesterly along last-mentioned curve through a central angle of 30' 42' 36", 244.41 feet; THENCE north 89' 53' 22" blest, parallel with and 44 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the West line of said Parcel 1 ; THENCE North 1 ' 26' 27" West, along the West line of said Section 32 to the North,.•rest corner of .the Southwest quarter of the North:';est quarter of said Section 32, being also the Northwest corner of said Parcel 1 ; THENCE South 89' 53' 22" East, along the North line of said Parcel A , 915.86 feet. to a point on a non-tangent, 544-foot radius curve concave to the Southwest with a radial bearing of North 23' 18' 47" Nest; THENCE Southeasterly along last-mentioned curve through a central angle of 7' 30' 27' , 71 .28 feet; THENCE South 59' 10 ' 46" East, 394.72 feet; THENCE North 87' 37' 17" East, 9.78 feet to the True Point of Beginning. Containing 1 .89 Acres, more or less. SCuEDUT,3 "A" -F;c'=v'n�EItiG REOUESTED BY r AND WHEN RECORDED MAIL TO 1 N.— SI MI Addy.., Ci"a 51°re 1 L_ w ll 1-SI.TF. t$10 F N CITY OF PALM DESERT Sbeet Add.... P.O. Box 1977 al, a II sl°I. L� J Palm Desert, CA. 92260 SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed TO I°21 CP 1:2-%cl THIS FORM FURNISHED BY TICOR TITLE INSURERS A P N The undersigned grantor(s) declare(s): Documentary transfer tax is g ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SILVER SPUR ASSOCIATES, a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the State of California hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, for park purposes , the following described real property in the City of Palm Desert, County of Riverside State of California: That parcel of land, consisting of 15 acres , more or less , more particularly described on SCHEDULE "A" attached hereto and made a part hereof, reserving to Grantor the easements described on Schedule B attached hereto and made a part hereof which affect the portions of the aforesaid real property as more fully described in Schedule B. In V)mess Whereof, said corporation has caused its corporate narne and seal to be affixed hereto and this instru- men', to Lie executed by it, President and Secretary therr_,;i'o duly authorized. Dated: STATE OF CALIFORNIA --- — SS. By'--- COUNTY OF Pre ident On before me, the under Fined, a Notary Public in and for said State• personally appeared I3) -- --Secretary known to me to be the —President, and SILVER SPUR ASSOCIATES , a General known to me to be Partnership, by IRONWOOD CORPORA— __ _Secretary of the Cftrperation that executed the TION, Managing General Partner ithin lmtrument, known to me to be the persons who executed the within lnsirwnent on behalf of the Corporation ilicrein named, and erkn­ledgPd ro me Ibal such Corporation executed the M-i:hin Instru ment pursuant :o its by-laws or a reenhnion of its, troard of directors. I T-NESS m. hand ::nd official 'Cal. Si_n:IIm2 ---- --- ---_-- -'-- - -- -- (This area ror nE.i ci al no:wn wi s.al) Title Ortrr No. F=crow or Loan No._ -- --- - --------- -- t.1t1l 71:' STA--,,- TS � ; O _a-,c7 •_,.EVE F;XHIBTT C D E S C R I P T I O N THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOI;'S: THE EASTERLY 15 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF THE SOUTHEEST QUARTER OF SECTION 29, TOINSHIP 5 SOUTH, RANGE E EAST, SAN BERNARDINO BASE hNID MERIDIAN; EXCEPTING THEREFROM THE NORTHERLY 330 FEET THEREOF; ALSO EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTfPrJEST QUARTER OF SAID SECTION. EXCEPT FROM SAID 15 ACRES THE 1:'EST 3.00 FEET OF THE SOUTH 100 FEET OE THE NORTH U30 FEET THEREOF. A PORTION OF SAID PROPERTY 15 INCLUDED iJITHIN LOT "G" OF SILVER SPUR R NCH UNIT NO. 1, AS SHOD-IN BY MAP ON FILE IN BOOK 30 PAGES 52, J3 AJ`JD 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SCHEDULE B TO GRANT DEED CONVEYING 15 ACRES (MORE OR LESS) IN SECTION 29 , TOWNSHIP 5 SOUTH RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN Grantor, in making said conveyance , reserves the following easements (i) an easement for purposes of constructing and maintaining one or more water wells at such place or places as Grantor shall determine within a strip of land 50 feet wide running generally easterly and westerly through the subject real estate contiguous to a preexisting roadway ease- ment, as described more particularly on Exhibit B-1 to this Schedule ; and (ii) an easement for purposes of installing and maintaining one or more pipelines to carry water from the well or wells which may be constructed on the easement referred to in the preceding clause , said pipeline or pipelines to be located at such place or places as Grantor may determine within the strip of real property described on Exhibit B-1 and the strip of real property described on Exhibit B-2. Grantor reserves the right of ingress and egress to and over the land subject to the aforesaid easements and conti- guous portions of the real property conveyed by the Grant Deed to which this Schedule is attached for itself, its agents , and other persons whom it may designate for purposes of contruct- ing, installing, repairing and maintaining water wells and pipe- lines, and additionally reserves the right to place upon the land subject to the easements pumping and similar equipment. The easements herein reserved are for the benefit of and are an appurtenance to each parcel of land and the im- provements constructed or to be constructed thereon, located within that certain development in the City of Palm Desert, California, commonly known as the Ironwood Country Club. -2- .. :t i•. - - .. 'aI a •♦ 1J �l •' I)',� �?q.lr1 r, l00`1155 — L�,Oca � � '� �I\ � — l r, c �` i• t--�i=' fir:-- o - --- �. .'',t:q is rJi• F'..v r �✓ i i .��/rH �, -- �.� I ( 7 1 FS�T- �-'(f L EC. c ate) i.5 Go /o �7 i I / -_�-- - cX TITLE I�lSURANCC AND TRUST 3493 Tenth Street Riverside, California 92501 May 19i 1978 Ifr'IPORTANT I When replying refer to Ironwood Country Club Our No. 382003 4.9-200 Mariposa Drive Palm Desert, CA 92260 Attn: R.E. Tuvell You- No. Order for owner's policy _ In rclronse to the above rcftrcr.ced application for a 1�,licy of title insurance, Titi: Insurance and Trust Company hereby reports that it is preparcd to issue, or cause to be issued, as of the date hrrcof, a Ca!iforaia Land Talc Association Standard Coveragc form Policy of Titic Insurance describing the land and the cstmc os interest therein.h_rcinaftcr sct forth, insuring a;;aitrst loss which may be sustained by reason of any defect, lien or encu.nbrance not shown or refcrred to as an Exception below or ne: excluded from coverage pu.—�u:mt to the printed SchcdoIcs, Conditions and Stipulations of said policy form. This report (and any supp!em-nts or amcndmcnts th-rete) is issued solely for the purpose of fzcilitating the issuance of a policy of title insurance and no liabi;ity is assurned hereby. If it is dcsircd that liabi!ity be assumed prior to the issuance of a po''icy of title irr..urance, a I:inder or.Commitment shouid b.- rc5uCsted. Dated as of Mai 10 19 78 , at 7:30 a.m.- S Larry Yiolassi/lb Title officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title. to said estate or interest at the date hereof is vested in: Silver. Spur Associates, a general partnership At the date hereof cxceptiors to covera,,c in addition to the printed exceptions and exclusions contained in said policy form would be as follows: �X iBi T Amcor+ co.NWANY C� f� 1 . General and special tares for the fiscal year 1978-1979, a lien not yet payable. 2. A deed of trust to secure an indebtedness of the amount stated herei n Dated November 30, 1972 Amount $284,500.00 and $2,365,642.00 Trustor Silver Spur Associates , a general partnership composed of H.V. Management Corporation, a California corporation, and Cairntrust Company, a Delaware corporation Trustee Security Title Insurance Cor:pany, a California corporation Beneficiary Silver Spur Committee, a joint venture Recorded November 30, 1972 Instrument 159000 Said matter affects this and other property. '�'lu�t Sri'lc 1.; ra ace � mp�iny RIVGRSRDE COUIJI'Y OFFICE 34DCI 71.NTI1 :THBLT RIVERSIDE D2502 7"ELLMONE (;14) GUG-41DO MAY 26, 1978 I2.I1'01:'I'AN'1' IRONWOOD COUNTRY CLUB 1\'hen rclilying refer In 49-200 MARIPOSA DRIVE Our No. 382003 PALM DESERT, CA 92260 ATTN: R. E. TUVELL Your No. ORDER FOR G4NER'S POLICY THE AC()V!: NUh,%''LI)LD REPORl (INCLUDING ANY SUPPLEIAENI"S OR ANAENDJAI=NTS THERETO) IS HERLBY IAODII iI_D AND/OP SUPI'LL/v',LI,IIED IN ORDER TO RLFLECT THE. FOLLOV✓ING ADDITIONAL. ITFI,16. RELATING TO 0IF ISSUANCE OF A CALIFOPNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FOR/YI POLICY OF T I LI.- INSURANCE AS POLLO%VS: WE HEREBY WISH TO AMIEND OUR PRELIMINARY TITLE REPORT DATED AS OF'MAY 10, 1978 AT 7:30 A.M., TO READ AS FOLLOWS: ADD ITEM NO. 3, 3. AN EASEMENT AFFECTING THE PORTION .OF SAID LAND AND FOR THE PURPOSES STATED " HEREIN AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA GAS COhiPANY FOR PIPE LINE AND INCIDENTAL PURPOSES RECORDED AUGUST 2, 1957 AS INSTRUMENT NO. 56235 AFFECTS A STRIP OF LAND 20 FEET IN WIDTH, LYING NORTFtWESTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED SIDE LINE: BEGINNING AT THE WEST QUARTER CORNER. OF SAID SECTION 32, THENCE NORTH 1037 ' 10" WEST, ALONG THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF 22.28" FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 49008' EAST, 1706.61 FEET TO THE MOST SOUTHERLY CORNER OF SILVER SPUR RANCH UNIT NO. 2, AS SHOWN ON MAP RECORDED IN BOOK 33, PAGES 2 AND 3, OF P,IAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. THE NORTI-1WESTERLY SIDELINE OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE PROLONGED OR SHORTENED SO AS TO TERM— INATE IN SAID WESTERLY LINE OF SECTION 32 AND IN THE WESTERLY LINE OF SAID SILVER SPUR RANCH UNIT NO. 2. LARRY W. VIOLASSI SUBDIVISION TITLE OFFICER Ll V/BRH D E S C R I P T I O N The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows : PARCEL 1 That portion of the Southwest quarter of the Northwest quarter of Section 32, Toanship 5 South, Range 6 East, San Bernardino !.Meridian, described as follows: Beginning at the Northeast corner of Parcel 1 as sho,m by Records of Survey filed in Book 59 Pages 39-42 of Records of Survey, Riverside County Records; THENCE South 00°44'49" east, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet to the. true point of beginning; THENCE North 87037' 17" East, 13.47 feet to a point on the Northwesterly line of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 Pages 52-57 of Haps, Records of Riverside County, said point being on a 3,050. 00 Foot radius nontangent curve concave to the Southeast with a radial bearing of North 26'56'15" blest; THENCE Southwesterly along said curve through a central angle of 02059'39" , 159. 38 feet; THENCE North 01 °50'36" East, 41 .42 feet; THENCE North 59010'46" hest, 312. 64 feet to a point on a 456.00-foot radius tangent curve concave to the Southwest; THENCE Northwesterly along last mentioned curve through a central angle of 30"42'36" , 244.41 feet; THENCE North 89°53'22" I-lost, paralled r,,ith .4-1 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the Idest line of said Parcel 1 ; THENCE North 01°26' 27" blest, along the blest line of said Section 32 to the Northwest corner of the Southwest quarter of the North;irest quarter of said Section 32, being also the Northwest corner of of said Parcel 1 ; If THENCE South 89°53'22" East, along the North line of said Parcel 1 , 915.86 feet to a point on a non-tangent, 544. 00 foot radius curve concave to the Southwest with a radial bearing of North .23°18'47" East; THENCE Southeasterly along last mentioned curve through a central angle of 07°30'27" , 71 .28 feet; THE14CE South 59°10'46" East, 394. 72 feet; THENCE North 87°37' 17". East, 9.78 feet to the true point of beginning. PARCEL 2: That portion of the Southwest quarter of the Northylest quarter- of Section 32, Township 5 South, Range 6 East, San Bernardino Meridian, described as follows: BEGINNING at the Northeast corner of Parcel l as sho,:m by Record of Survey filed in Book 59 Pages 39-42 of Records of Survey, Riverside County Records ; THENCE South 00044 '49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet; THENCE South 87°37'17" ldest, 9. 78 feet, THENCE North 59°10'46" West, 394. 72 feet to a point on a 544. 00 foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 07°30'27" , 71 . 28 feet to a point on the North lire of said Parcel 1 ; THENCE North. 89053' 22" Wiest, along the North line of said Parcel 1 , 409. 13 feet to the point of beginning. i.'c 'i '. 631 PORT 1 0j"41 OF THE: "iVi i / 4 OF TF.IH— t:t• : . .1 / 4 OF T I (Ji l"i 3 2 e T . NE z yy 154oc° x v z. 1. I /SJJaC 1- i //3/.7.5 this le not a curv" of the is"nd. but !e ccftl�—a3 for informnttan only, nor is tt o part of tt;a vyrf' or W." to wh6-h tt may to attscAad. 27 MB 79/22-24 TrOCI No 5C53 TITLE Ih•i:;URA^dCE AND TRUST 3490 Tenth Street Riverside. California 92501 I11t7PORTA7rT IRONWOOD When replying refer to. 119-200 MAP.IPOSA DRIVE Our No. 382019 PALM DESERT, CA 9226o ATTN: R. E. TUJELL Your No. PARCEL NO. 630-190-02j In rcipomr to the al^^v- rcf-:cnced nnr!icltion for .a -!J;cy of tit!c inxra::_c, Tide Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of.the date hereof, a California Land Title Association Standard Covera3e form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained bl• reason of any (efect, lien or encumbrance not shown or referred : to as an Exception be)ow or not excluded from eovc:aFc pursuant to the Printed S:.hedulcs, Conditions and Stipulations of said policy form, This report (and :any supplemcnts or amcndn.ents thereto) is issued solc!y for the purpose of facilitating the issuance of a Policy of lid, insurance and no liability is assumed hereby. If it is ecsircd that liability be assumed Prior to the issuance of a policy of title insurance, a Binder or Commitment should be rcqucsted. MAY 1 { n Dated as of 7 19 78 kf_ Cr i'C{. ) T' 1 aJ J LPRf nVl. VIOLASSI /Title Officer The estate or interest in t'Ic land hereinafter described or referred to cover(;d by this Report is a fee. Title to said estate Or interest at the date hereof is vested ia: SILVER SPUR ASSOCIATES, A PARTNERSHIP At the date hereof exceptions to coverage in addition to the printed exceptions and exclusion contained in said policy fora would be as follows: EA- HlGiT A ICOH COMPANY 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1978-1979, A LIEN NOT YET PAYABLE. 2. AN EASEMENT AFFECTING THE PORTION OF SAID LAND NID FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR, OF CALIFORNIA ELECTRIC POlaER CU PANY, NOW SOUTHERN CALIFORNIA EDISON CUIPANY FOR ELECTRIC LINE SUPPORTING ANCHOR AND GUY WIRES, INCLUDING ANCHOR PODS RECORDED AUGUST 27, 1956 AS INSTRUMENT NO. 59666 AFFECTS A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF .SAID SECTION_29 THE CENTERLINE OF SAID EASEMENT IS DEFINED AS FOLLG:,'S: BEGINNING ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, AT A POINT 1 FOOT NORTH OF THE SOUTHEAST CORNER THEREOF, AND RUNNING THENCE WEST, PARALLEL TO AND 1 FOOT NORTH OF THE SOUTH LINE OF SAID SECTION 2.9, A DISTANCE OF 35 FEET TO A POINT IN THE ABOVE DESCRIBED PORTION OF SAID SOUTHEAST QUARTER. OF THE SOUTH-WEST QUARTER OF SECTION 29. 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, . IN FAVOR OF CALIFORNIA ELECTRIC POWER C0MIPANY, NOW SOUTHERN CALIFORNIA EDISON COA'iPANY FOR POLE LINES, CONDUITS RECORDED AUGUST 15, 1-958 AS INSTRUMENT NO. 59062 AFFECTS THE SOUTH 6 FEET AND WEST 10 FEET OF THE SOUTH 71 FEET OF THE EAST 589 FEET, AND THE WEST 10 FEET OF THE SOUTH 71 FEET OF THE EAST 544 FEET OF LANDS HEREIN DESCRIBED 4. A ROAD EASEMENT OVER THAT PORTION OF LAI\IDS HEREIN DESCRIBED LYING WITHIN LOT "G" AS DEDICATED BY MAP OF SILVER SPUR R NICH SUBDIVISION, AS SHOWN BY MAP 01\ FILE IN BOOK 30 PAGES 52, 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND .FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF COACHELLA VALLEY COUNTY WATER DISTRICT FOR PIPE LINES AND INCIDENTAL PURPOSES RECORD:D MAY 2'j, 19611 AS INSTRUMENT NO. 65204 AFFECTS WEST 30 FEET EXCEPT THE SOUTH 60 FEET 6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COiMPANY FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES RECORDED DECEMBER 11, 1964 AS INSTRUMENT NO. 1115024 AFFECTS THE WESTERLY 10 FEET OF SAID LAND 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF 171E AMOUNT STATED HEREIN DATED NOVEMBER 30, 1_972 AMOUNT $287,500.00 AND 2,365,6112.00 TRUSTOR SILVER SPUR ASSOCIATES, A GEI�RFP,AL PARTNERSHIP . COMPOSED OF H V MANAGEMENT CORPORATION, A CALIFORNIA CORPORATION, AND CAIRNTP.UST COMPANY, A DELAWARE CORPORATION TRUSTEE SECURITY TITLE INSURANCE COIMPA.NY, A CALIFORLNIA CORPOR!'kT I ON BENEFICIARY SILVER SPUR COMMITTEE, A JOINT VENTURE RECORDED NOVEMBER )0, 1972 INSTRUMENT 159000 SAID 1,ATTER AFFECTS THIS /,f\ID OTHER PPOPERTY. 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION FOR CONDUITS AND INCIDENTAL PURPOSES RECORDED DECEMBER 23, _L971I r-.S INSTP.U-iENT NO. 161737 AFFECTS THE SOUTHERLY 6.00 FEET OF THE EASTERLY . 540.00 FEET D E S C R I P T I `) N THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOI•dS: THE EASTERLY 15 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TO•lNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERhARDINO BASE /AND MERIDIAN; EXCEPTING THEREFROM THE NORTHERLY 330 FEET THEREO-'; ALSO EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTIPWEST QUARTER OF SAID SECTION. EXCEPT FROM SAID 15 ACRES THE WEST 100 FEET Of' THE SOUTH 100 FEET OF THE NORTH 430 FEET THEREOF. A PORTION OF SAID PROPERTY IS INCLUDED WITHIN LOT "G" OF SILVER SPUR R' MCH UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOT: 30 PAGES 52, 53 !NDD 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 4 ion I (o b O , a alp I 2 , • �{ ". e � ti A •�'x � t• 0 ., ;ti j ^' jr+``",t•=—s�..--._'...."_,. ..... ;•�T...._Y.. ._...._,_^.'N"�7._' N O c1 LS .Y dIP.W N. Mrli/ • 1 �•�1 W .V _ Y P S ti 4 .✓ M - :'4f b - � TO ACCOMPANY TI )REPORT 382019 DATED MAY 17, 78. I 0 M M O 100' O �I II I� II . I� EAST HALF I tern (Exception) f-..— 5 CVCWD Easement II r 'i Item 6 SCE Easement �I �I Item 4 Road Easement _ Item 3 —Item 2 SCE Easements SCE Easement —Item 8 Gen. Tel . Easement 4 N- PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAl ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of CITY OF PALM DESERT Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior CASE NO. TT 5565 s, Court of the County of Riverside, State of California, �,'__. -••----��_�� rF« r an 18-month time ekten-i . _ r Tentative Tract 55fi5 roe a.. under date of October 5, 1964, Case Number 83658; I' ll probed, part.of the Iron . - - ' _ ore particulary de"scribed that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of ,,' APN 631-258-008APN 631-2M9011 . said newspaper and not in any supplement thereof on I 1 the following dates to-wit: e € q. n OUNE..-29-+---_1-9_7_S- -- J el �' yr f Nt __________ ___ ____________—____--____________________—__—___--.___-- i by rya ��'•bba,�ebzJ` ^, �^to � v r_-���.r I r..r w J 4' I I certify (or declare) under penalty or perjury that the II foregoing is true and.correct.' , ; ••• =r I ( .yT <s�„ 3a-,. ti�li 3"X __ 'q ig ' � f 'ft• . � sn : fII _ - — -Sig ra- Z7.�, `'� -�•`r�` ;R Date--------------------------------JUI E-- 197g the deluxe, oversized rooms at M at Palm Desert, California teSort, scheduled for a late 1978 ,19 views — such as this one — r�`\ Rancho Las Palmas Countr b. gest Clu ration facility will be the Jar' c I and will have ready access to tlrnle - i Clerk clubs at the neighboring countr POPaizw, Il Her. director of marketing q � PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAJ ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of .__CITY OF PALM DESERT Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior CASE NO. TT 5565 Court of the COi - - - LEGAL NOTICE Y by SILVER SPUR ASSOCIATES for on 18-month time exten-! CITY OF PALM DESERT sion in which to file the final mop for Tentative Tract 555665 fa[a under date Of O REQUEST FOR AN EXTENSION OF TIME ON THE APPROV. 217-unit medium density residential project, oarJ.of ifie iron-1 AL OF A TENTATIVE TRACT MAP FOR A 217•UNIT ME<DI- wood Country Club Development, more particulary de ,_' that the notice Q' UM DENSITY RESIDENTIAL PROJECT, PART OF THE as: M .•: IRONWOOD COUNTRY CLUB DEVELOPMENT. „„ Case No. TT 556S APN 631-250-002 APN 631.25U-008 has been publisF NOTICE IS HEREBY GIVEN that a Public Hearing will be APN 631-250-011 APN 631-270r00a held before the Palm Desert City Council to consider a request APN 631-270-018 said newspaper the following da Ft J vr ---------—-------------- /// , / • - - Y f� f. %�%�-!//�//,/i/j/j,1 tea+ ,1(�- •1�� •��l�/ �A,: certify (or decl ;� :1 :•r/;j// ,�/„%%/ 1 :__ __:_ t.. foregoing IS true; TT 5565CA' 4 Date---.-—------------- at Palm Desert, C C Q SAID Public Hearing will be held on Thursday,July 27,1978, attend and be heard. •• at 7:00 p.m. in the Council Chambers in the Palm Desert City SHEILA R. GILLIGAN, City Clerk Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at City of Palm Desert, California ��• which time and place, all interested persons are invited to PDP-6/29f1 v - F July 13, 1978 CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Request for an amendment to the Standard Conditions of Approval and Special Conditions of Approval for Case No. TT 5565, in order to permit Portola Avenue to become a private roadway from its intersection with Mesa View Drive extended westerly to Highway 74. III. CASE NO. : TT 5565, Silver Spur Associates, Applicant IV. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. 78-88. D. City Council Resolution No. 77-89_ approving TT 5565. E. Staff Report regarding porposed General Plan Amendment necessitating the present request. F. Letter from applicant regarding proposed amendment. --------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: By Resolution No. 78-88, approve the amendment to the Conditions of Approval . B. DISCUSSION: Related Case No. GPA 01-78, if approved, would reduce the status of that portion of Portola Avenue that lies within Tract 5565 to a local street on the Circulation Element of the General Plan. This proposed amendment has been given the endoresement of the Technical Traffic Committee for the reasons stated in the attached Staff Report for Case No. GPA 01-78 dated June 14, 1978. In order to carry out the provisions of the General Plan, if amended in the manner proposed, certain adjustments would be necessitated with regard to the approved Tentative Tract 5565. Staff is recommending approval as the amendment would! not cause any substantial change in the project as originally contemplated and would assist in carrying out the provisions of. the General Plan, as amended. The proposed changes to the Conditions of Approval are listed on Exhibit A attached to the proposed Resolution, and as incorporated into the Conditions of Approval as indicated on Exhibit B. RESOLUTION NO. 78-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING AN AMENDMENT TO THE STAN- DARD CONDITIONS AND SPECIAL CONDITIONS FOR CASE NO. TT 5565 IN ORDER TO PERMIT PORTOLA AVENUE TO BECOME A PRIVATE ROADWAY FROM ITS INTERSECTION WITH MESA VIEW DRIVE EXTENDED WESTERLY TO HIGHWAY 74. CASE NO. TT 5565 WHEREAS, the City Council . of the City of Palm Desert , California, did hold a duly noticed Public Hearing on July 13, 1978, to consider a request by SILVER SPUR ASSOCIATES for approval of an amendment to the Standard Conditions of Approval and Special Conditions of Approval for Case No. TT 5565 in order to permit Portola Avenue to become a private roadway from its intersection with Mesa View Drive extended westerly to Highway 74; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all persons desiring to be heard, said Council did find the following facts and reasons to exist to approve the request : 1 . The proposed amendment to the Conditions of Approval will not adversely effect the original intent of the PR zone district in which the project is located. 2. The proposed amendment to the Conditions of Approval will not adversely effect the public health, safety, or welfare. 3. The proposed amendment to the Conditions of Approval will facilitate the implementation of the General Plan Amendment to reduce the status of that portion of Portola Avenue lthat lies within the subject tract to a local street . NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Palm Desert, as follows : 1. That the above recitations are ture and correct and consti- tute the findings of the Council in this case. 2. That it does hereby approve an amendment to the Standard Conditions of Approval for Case No . TT 5565 as indicated on Exhibit A and as incorporated into the Conditions of Approval as indicated on Exhibit B for the reasons set out in this resolution . PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1978, by the following vote, to wit : AYES : NOES: ABSENT: ABSTAIN: I EDWARD D . MULLINS, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert , California RESOLUTION NO. 78-88 EXHIBIT A Amends the Standard Conditions of Approval for Case No. TT 5565 as follows : 1 . Delete Standard Condition No . 3. 2. Delete Standard Condition No. 15. l . Amends the Special Conditions of Approval for Case No. TT 5565 as follows : 1. Delete Special Condition No. 3. 2 . Revise Special Condition No. 6 to read, "Plans for the Security Gate Complex at Mesa View Drive and Portola Avenue shall have the approval of the City Fire Marshal . " 3. Delete Special Condition No. 10. 4. Delete Special Condition No. 11 . 5. Revise Special Condition No. 17 to read, "Storage Space for a min- imum of eight (8) automobiles ,..'-shall be provided on Portola Avenue west of Mesa View Drive. " I RESOLUTION NO. 78-88 EXHIBIT B CONDITIONS OF APPROVAL CASE NO. TT 5565 Standard Conditions : 1 . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer . 2 . Tract shall be processed in accordance with all applicable pro- visions of Ordinance 125, the Subdivision Ordinance. 3. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives . The approval of the final street names shall be made by the Director of Environmental Services. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force . 5 . The C.C.&R.' s for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any build- ing permits.. Prior to recordation of the final subdivision map , the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. . Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 6. In order to maintain reasonable fire protection during construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department . 7. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification : , "I certify that the design of the water system of Tract No . 5565 is in accordance with the requirements prescribed by the City Fire Marshal . " 8. Improvement plans for water and sewer system shall meet the require- ments of the respective service districts . 9. All on-site utilities , including cable TV, shall be placed under- ground and shall be .completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 10. All dedicated land and/or easement required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 11 . Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District . 12 . All requirements of Case No. CUP 1382 shall be met as a part of the development of this tract . 13. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. RESOLUTION NO. 78-88 Exhibit B Special Conditions : 1 . The total number of dwelling unit lots shall be limited to 217. 2 . In order to meet the neighborhood and public facilities require- ment of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the applicant . Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recordation of the } Final Map or at a later date to be specified by the City of Palm It Desert . 3. Existing on-site overhead utility distribution lines shall be under- grounded per the requirements of Article 25. 32-6 of the Palm Desert Zoning Ordinance. 4. Any and all on-site storage yards shall be eliminated at time of completion. 5. Plans for the Security Gate Complex at Mesa View Drive and Portola Avenue shall have the approval of the City Fire Marshal . 6. Drainage facilities shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry run- off from Drainage Area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainage dated June , 1976. This schedule for construction shall be subject to approval of the City of Palm Desert . 7. Applicant shall fully improve Portola Avenue on the south side be- tween Mariposa and Irontree Drive . From the outset of construction of the tract , complete dust control shall be maintained. 8. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. 9. Approval of each final map will require certification from the C.V.C.W.D that the tract is safe from exterior storm water risk. s 10. Install a water system capable of delivering 2000 GP➢4 fire flow for a two (2) hour duration in addition to domestic or other supply . The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 11 . Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. a. Hydrants shall not be located closer than 25 feet to any building. b. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and ozzle caps shall be painted green. L C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 12. Prior to issuance of a building permit , the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department and the original will be returned to the developer. RESOLUTION NO. 78-88 EXHIBIT B 13 . Applicant shall commit in writing to dedication to the City a lot one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant . Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert . ' 14. Storage Space for a minimum of eight ( 8) automobiles , shall be pro- vided on Portola Avenue west of Mesa View Drive . i RESOLUTION' NO. 77-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE MAP TO ALLOW FOP, DEVELOPMENT OF A 217-UNIT CONDOMINIUM PROJECT ON APPROXIMATELY 62 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE AND BEING A PORTION OF THE IRONWOOD COUNTRY CLUB. CASE NO. TT 5565 WHEREAS, the City Council of the City of Palm Desert, did receive a verified application from SILVER. SPUR ASSOCIATES requesting approval of a Tentative P1ao to allow for development of a 217-Unit Condominium Project on approximately 62 acres of land, generally located southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club more particularly described as : APN 631-250-002, 008, Oil APN 631-270-008, 018 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" in that the Director of Environmental Services has determined that an Environmental Impact Report is unneeded to meet the requirements of CEQA as the proposed tract is part of an ongoing project and there has been no substantial change in either the project or the circum- stances under which the project is to be undertaken, and; WHEREAS, the City Council did take into consideration the Tentative Map as sub- mitted, and the reports of the various reviewing agencies , and; WHEREAS, the City Council did find that the subject Tentative Map does sub- stantially comply with the City of Palm Desert Code, and the State of California Sub- division Map Act, as amended; WHEREAS, the Planning Commission did find that the Subject Tentative Map does comply with the adopted General Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That it does hereby approve the above described Tentative Map No. TT 5565, subject to fulfillment of the attached conditions: PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on the 25th day of August, 1977, by the following vote, to wit: AYES: McPherson , Wilson & Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: None DWARD D. MULL NS, Mayor ATTEST: SHEILA, R. GILLIGAN ,�City - erk P�SC „_I . N ^q August 2 5 1 77 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: 1 . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedica- tion on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the Director of Environ- mental Services. 5. The development of the property described 'herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force. 6. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b.. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the re- quirements prescribed by the City Fire Marshal ". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities , including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easement required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the develop- ment of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. RESOLUTION CONDITIONS OF APPROVIAL CASE NO. TT 5565 Pane I',10 I . STANDARD CONDITIO;iS : (Continued) 15. Install traffic safety lighting along frontage of Portola as approved by the City Engineer. II . SPECIAL CONDITIONS: j 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at .a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of tital shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a Future Improvement Agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshal . 7. Drainage facilities shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year 1. storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from Drainage Area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainage dated June, 1976. This schedule for. cons,truction shall be subject to approval of the City. 8. Applicant, shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. From the outset of construction of the tract, complete dust control shall be maintained. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board process. 11 . Sidewalks shall be the subject of a Future Improvement Agreement executed prior to approval of Final Tract Map for their installation within a period of five (5) .years if determined by Council to be necessary, and subject to review in all events ay the end of five years to determine if installation is necessary at all . The Future Improvement Agreement shall be subject to approval by the City Attorney. 12. Approval of each final map will require certification from the C.V.C.4J.D. that the tract is safe from exterior storm water risk. 13. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. s RESOLUTION *;0. 77-89 CCNDITIONS OF APPROVAL CASE NO. TT 5565 Pag? Three II . SPECIAL CONDITIONS : (Continued) 14. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 15. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 16. Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Clap and transfer of title shall occur in conjunction with the recor- dation of the Final Map or at a later date to be specified by the City of Palm Desert. 17. Storage space fora minimum of eight (8) automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. I l I CITY OF PA.L.• DESERT STAFF REPORT To: Honorable Chairman and Members of the Planning Commission From: Paul A. Williams, Secretary to the Planning Commission Subject: General Plan Amendment to Reduce the Status of a Portion of Portola Ave. Case No: GPA 01-78 Date: June ,14, 1978 The City Council did by Resolution No. 78-44 dated April 27, 1978, initiate a General Plan Amendment to reduce the status of a portion of Portola Avenue to a local street and refer the matter to the Planning Commission for recommenda- tion. A copy of the circulation element of the General Plan is attached herewith. The proposed extension of Portola Avenue can be noted on Figure 5.1 . The General Plan Amendment to be considered would reduce the status of this high- way facility to a local street. Thus the facility would be removed from the General Plan entirely. Since this facility will no longer provide a public right-of-way from existing Portola Avenue to Highway 74, an alternate facility has been recommended. The alternate facility, Mesa View Road, while not being upgraded to an arterial highway, would provide a public local connecting street between the existing highway network. On May 9, 1978, the Technical Traffic Committee made the following findings: 1 . It was after considerable discussion the unanimous opinion of the members that the closure of Portola Avenue at the Ironwood Development will not effect the traffic circulation element of the master general plan. The overriding benefits are as follows: a. Through traffic potential will be provided at Haystack Road and Mesa View Drive. b. Portola Avenue will be maintained by the Ironwood Association. c. Traffic should be decreased on Portola Avenue and Mesa View Drive by the splitting of Ironwood and the neighborhood traffic. The Haystack Road traffic load should be lessened due to availability of Mesa View Drive for neighborhood use. d. The closure of Portola Avenue discourages high speed traffic thereon. e. The additional 923 units created by Ironwood would be serviced by this private street, while the 780. units lying outside of Ironwood' s juris- diction will necessarily be served by Mesa View Drive. Please note the attached traffic study for supplemental information regarding the proposed action. On May 11 , 1978, the City Council held a public hearing to consider the vacation of that portion of Portola Avenue extended as shown on Tentative Tract Map .No. 5565. The minutes of that meeting follow: Case No. GPA 01-78 June 14, 1978 Page Two 'N C . CO'•'S IMERAT TON OF' '1`1117 VACATION OF PnTZTI(-)' 01- TILE PPLO %-, <1 [()\ S 01` r 1 1)IV 1 1-1, 10.11 1j , OF ill!. AND lilC',HWAY,i' CODI'l 01: THE STATE OF CA1,lF01Z:,: 1A . Mayor declared they Public 11(-'ariI14 OpOn ',Lnd aske'l for SLatf ' s report . Mr . Williams advised that the portion of Portola bein- I considered for vacation was the south half Of Portola which is not connected. Council had initiated a General Plan amendment at the last meeting to consider the chan:,-e of status OF Portola Avenue and whether it should be pro ate or Public , and whether or not there is a need for a street that is not connected at all now. It is Staff ' s opinion that the City cannot find a public need for this portion of Portola at this point in time . It Council elects to redirect Portola as part of a General Plan amendment and then decides to make it public at a later date , it can be acquired . Mayor Mullins invited input in FAVOR of the vacation . MR. JOHN BELEAU, 74-075 El Paseo , addressed Council giving a history of the street . He listed several reasons why Portola should not be extended and made public , including traffic congestion , a potential speedway , etc . He pointed out that the General Plan provided for a park at Portola and Haystack and making Portola Avenue a through street to Highway 74 would not allow this to be a very safe area for children in a park. He also reviewed the feasibility of the extension of Mesa View Drive. MR. FORD SCALLEY, 74-620 Buckboard Trail , spoke in favor of the vacation . Mayor Mullins invited input in OPPOSITION to the vacation , and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-56 , vacating said portion of Portola Avenue and authorizing the City Clerk to record such action with the County of Riverside. Motion carried unanimously . Since there does not appear to be a need to retain the proposed extension of Portola Avenue as a public right-of-way and based on the foregoing information, the Staff is recommending approval of General Plan Amendment No. 01-78 by the adoption of Planning Commission Resolution No. 371 . • April 5, 1978 Paul A. Williams , Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: , Fire Station Site at Ironwood Country Club Dear Mr. Williams: I understand that the City Council reacted favorably to my letter of March 17, approving the location offered for a fire station site, the alignment of an easterly extension of Mesa View Drive and the concept that Portola Avenue would become a private roadway from its intersection with the extended Mesa View Drive westerly . to Highway 74 . I believe you would agree that the conditions of approval for Tentative Tract 5565 and the recent approval of two final maps, Tract 5565 - 1 and 2, could not have adequately taken into account the Council's subsequent decision to approve. the fire station site location and Portola Avenue being a private roadway. Consequently, there are for Tentative Tract 5565 certain conditions of approval which should be modified or deleted. I .have listed them below and ask your guidance for what procedural steps must be taken to effect these changes : I . Standard Conditions: 3 . Delete. This refers to access rights to Portola Avenue. 15. Delete. This refers to traffic safety lighting on Portola. IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 Paul A. Williams -2- April 5 , 1978 II . Special Conditions: 3. Delete. This condition contemplated a possible signal at Portola and Irontree which would now be for only internal Ironwood traffic. 6. Change Irontree Drive to Mesa View Drive. This refers to approval by the Fire Marshall of the new security gate. 10 . Delete. Condition requires Design Review Board approval for fencing on south side of Portola Avenue. While there would not now be a need for fencing, we would be landscaping the area between Boxthorn Lane and Portola Avenue, the design of which you may wish the DRB to approve. 11. Delete. The reason for sidewalks no longer exists with Portola Avenue being private. 11. Change to read, "Storage space for a minimum of (8) automobiles shall be provided on Portola Avenue west of Mesa View Drive. III. Final Tract Map 5565 - 1: Carry out a vacation process for Portola Avenue, designated as Lot "T" on the final tract map. I would appreciate meeting with you at your earliest con- venience to discuss these issues. � Sincerely yours , R. L. Spicer President R I 'll E APi� _ RLS/jmc ENVIRONMENTAL SERVICES CITY OF PALM DESERT April 27, 1978 CITY OF PALM DESERT STAFF REPORT I TO: Honorable Mayor and Members of the City Council II. REQUEST: Request to amend various Conditions of Approval for Case No. TT 5565 III. CASE NO. TT 5565j�- IV. STAFF RECOMMENDATION: A. By Minute Motion continue the Public Hearing to July 13, 1978. B. By Resolution,-:No. 78=44 initiate a Genera1:.P1,an.Amendment to__rdduce the status of a portion of Portola Avenue ito a local street and refer the matter back to the Planning Commission for a recommendation. V. DISCUSSION: The City Council should not consider any changes 'to the approved Conditions of Approval for Case No. TT 5565 until the matter of Por- tola Avenue being reduced to the status of a local street rather than a major arterial as indicated on the General Plan is well thought out. A change in the status of Portola Avenue would necessarily require a General Plan Amendment; as a result the second Staff Recommendation that the matter be referred back to the Planning Commission for a re- commendation. U i RESOLUTION NO. 78-56 RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A PORTION OF STREET IN SAID CITY UNDER THE PROVISIONS OF PART 3 , DIVISION 9, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council initiated proceedings to vacate a portion of a street in the City of Palm Desert, as more particularly described in Exhibit "A" attached hereto, and the City Council finds that said notices of such vacation were published and posted as required by law; and WHEREAS, the City Council on the l)th day of Ap of 1978 , held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed vacation were heard, and said public hearing was duly and regularly closed; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that portions of the street described in Exhibit "A" are unnecessary for present or prospective public purposes; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDER AND RESOLVE as follows: I That the following described portions of Portola Avenue in the City of Palm Desert be vacated subject to and retaining all public utility easements existing under said public right of way. Said portion of street to be vacated is located in the City of Palm Desert, County of Riverside, State of California, and is described as set forth in Exhibit "A" attached hereto. II The City Clerk of the City of Palm Desert, California, shall cause a certified copy of this resolution and order Page 1. to be recorded in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED and ADOPTED this day of 1978, by the City Council of the City of Palm Desert, California, by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California _ 1 Page 2 . RESOLUTION NO. 78-56 EXHIBIT A AREA TO BE VACATED LOT T, TR 5565-1 NOTICE OF ACTION BY CITY COUNCIL CITY OF PALM DESERT, STATE OF CALIFORNIA RE: TT 5565 Silver Spur Assn. ACTION: Approved Denied g Continued & Public Hearing for General Plan Amendment Initiated. Other REMARKS: Resolution No. 78-44 Roll Call resulted as follows: Ayes : MULLINS, MACPHERSON, NEWBRANDER, BRUSH, WILSON Noes : NONE Absent: NONE *************************************************************** I hereby certify that the foregoing is full,- true and correct copy of an order made and entered onj�J�G /c /�7f� Page of City Council Minutes c y / City Clerk, for th' City Council in and '-- the Citv of Palm Desert, J Cam of Mayor Pro-Tem .McPherson questioned Staff ' s ability to under- take a study of the adequacy of the Palm Desert schools , indicating that this was a function of the members of the School Board. Councilman Brush agreed stating that he could not see Staff getting into something that they have no con- trol over. Councilman Nilson disagreed in that it very directly relates to planning and future growth, thus an integral part of the City ' s overview of exactly where we are going. Council- man Newbrander agreed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-37. Motion carried unani- mously with the members present . D. RESOLUTION NO. 78-38 - A RESOLUTION OF THE CITY COUNCIL OF HE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE PORTOLA AVENUE FROM QUERCUS LANE, WEST UNDER THE PROVISIONS OF PART 3 , DIVISION 9, OF STREETS AND HIGHWAYS CODE, AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. Bouman stated that this was the initiation of proceedings 0 operty received about two months ago as part of ract 5565, ronwood. Part of the hearing to be held on play 11, 1 , will be to determine whether Portola should e pu lic or private. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-38. Motion carried unanimously with the members present . IX. ORDINANCES For Introduction : None For Adoption : None X. CONSENT ITEMS HELD OVER D. COUNTY REFERRAL CASE NO. CZ 2162 , IRWIN S . SCHUMAN, Applicant : Councilman Brush stated that he had requested discussion on this matter as it has had a long history with the City. It is a 960 unit development which we first learned about through an article in the newspaper. Because of a shortened appeal period, Council directed Staff to attend the hearings then to voice our objections. These objections resulted in an E. I . R. being required. This E. I . R. required 19 adverse impacts. Since then , the County Planning Commission has made no attempt to mitigate these impacts and has approved it , sending it on for the Board of Supervisors to approve. It is a premature , leapfrog development , and to approve such a project is fiscal irresponsibility at its worst . The City of Palm Desert will pay for it with requirement of such services as street sweeping, fire , emergency services, sanitation , schools , etc. The County Staff , the City of Palm Desert , the City of Indian Wells , and Desert Peoples United have all protested this development . Since this falls within our Sphere of Influence and will probably eventually be a part of our City, he asked if it were not possible to request from the County some type of agreement whereby the City would approve all plans within their Sphere, collect all planning and building fees , and approve all construction . Mr . Williams advised that there could be such an agreement ; however, the County most likely would not want it . Mayor Pro-Tempore McPherson added that it was ludicrous to consider any project that has no access roads to it . April 13 , 1978 Page 6 r. £SF / IU.SAS1AURP <z9n:1W' cm Tl�saLYlrxx� ���®=p� ;"s•:_.. a APRII'72 } 3 48-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TQ EQ CQ L�F ' p n t r Ea « SENDER rU.fi38!43 < n G TELE E(TIQ 346-0611 0 3 v Ad�DRESSEF. L' �IKNOW N j bz 0 v to CD � tm /Cstanc Br Brownell , ries .0212 Hk.? 1 • 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 April 10, 1978 LEGAL NOTICE CITY .OF PALM DESERT AMENDMENT TO THE STANDARD CONDITIONS OF APPROVAL AND SPECIAL CONDITIONS OF APPROVAL FOR CASE NO. TT 5565 IN ORDER TO PERMIT PORTOLA AVENUE TO BECOME A PRIVATE ROADWAY FROM ITS INTERSECTION WITH MESA VIEW DRIVE EXTENDED WESTERLY TO HIGHWAY 74.. CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will beheld before the Palm Desert City Council to consider an amendment to .the Standard Conditions of Approval and Special Conditions of Approval for Case No. TT 5565 in order to permit Portola Avenue to become a private roadway from its intersection with Mesa View Drive extended westerly to Highway 74 at .Ironwood Country Club, more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 sY j pvd NUE /1/ORTH �j� oat0`p--�__�_�__„ T r __ ////��;:\ �J ••y_'1:=�_� 1. - Ili �\fI 1• _1 CGR F.IGGc TR�l) j / :'_-�L _--�•'- i"+i�:. r !e! /TT 5565 hq LA SAID Public Hearing will be held on Thursday, April 27, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert, City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 13, 1978 April 27, 1978 CITY OF PALM DESERT STAFF REPORT I. TO: Honorable Mayor and Members of the City Council II. REQUEST: Request to amend various Conditions of Approval for Case No. TT 5565 III. CASE 0. :TT5D565 IV. STAFF RECOMMENDATION: A. By Minute Motion continue the Public Hearing to July 13, 1978. B. By Resolution.No. 78-44 initiate a General Plan Amendment to reduce the status of a portion of Portola Avenue to a local street and refer the matter back to the Planning Commission for a recommendation. V. DISCUSSION: The City Council should not consider any changes to the approved Conditions of Approval for Case No. TT 5565 until the matter of Por- tola Avenue being reduced to the status of a local street rather than a major arterial as indicated on the General Plan is well thought out. A change in the status of Portola Avenue would necessarily require a General Plan Amendment; as a result the second Staff Recommendation that the matter be referred back to the Planning Commission for a re- commendation. RESOLUTION NO. 78-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING AN AMENDMENT TO THE PALM DESERT GENERAL PLAN TO REDUCE THE STATUS OF A PORTION OF PORTOLA AVENUE TO A LOCAL STREET AND REFERRING THE MATTER TO THE PLANNING COMMISSION FOR RECOMMENDATION. WHEREAS, pursuant to Sec. 65356 . 1 of the State Government Code the City Council may change or add to all or a part of an adopted General Plan; and, WHEREAS, the City Council is required to refer the proposed General Plan Amendment to the Planning Commission ; and, WHEREAS, the City Council has deemed it to be in the public interest to consider an Amendment to the General Paln to reduce the status of a portion of Portola Avenue to a Local Street . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert , California, as follows : 1 . That the Council does hereby initiate an amendment to the Palm Desert General Plan to reduce the status of a portion of Portola Avenue to a Local Street. 2. That the subject matter is hereby referred to the Planning Commission for their recommendation and the Commission is hereby required to make a determination on the matter prior to July 13, 1978. l PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm I Desert City Council , held on this day of 1978, by )I the following vote, to wit : AYES : NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS , Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 1 April 5, 1978 Paul A. Williams, Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: Fire Station Site at Ironwood Country Club Dear Mr. Williams: I understand that the City Council reacted favorably to my letter of March 17, approving the location offered for a fire station site, the alignment of an easterly extension of Mesa View Drive and the concept that Portola Avenue would become a private roadway from its intersection with the extended Mesa View Drive westerly to Highway 74 . I believe you would agree that the conditions of .approval for Tentative Tract 5565 and the recent approval of two final maps, Tract 5565 - 1 and 2, could not have adequately taken into account the Council's subsequent decision to approve the fire station site location and Portola Avenue being a private roadway. Consequently, there are for Tentative Tract 5565 certain conditions of approval which should be modified or deleted. I .have listed them below and ask your guidance for what procedural steps must be taken to effect these changes: I. Standard Conditions: 3. Delete. This refers to access rights to Portola Avenue. 15. Delete. This refers to traffic safety lighting on Portola. IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 Paul A. Williams -2- April 5, 1978 II. Special Conditions : 3. Delete. This. condition contemplated a possible signal at Portola and Irontree which would now be for only internal Ironwood traffic. 6. Change Irontree Drive to Mesa View Drive. This refers to approval by the Fire Marshall of the new security gate. 10 . Delete . Condition requires Design Review Board approval for fencing on south side of Portola Avenue. . While there would not now be a need for fencing, we would be landscaping the area between Boxthorn Lane and Portola Avenue, the design of which you may wish the DRB to approve. 11. Delete. The reason for sidewalks no longer exists with Portola Avenue being private. 1q. Change to read, "Storage space for a minimum of (8) automobiles shall be provided on Portola Avenue west of Mesa View Drive. III . Final Tract Map 5565 - 1: Carry out a vacation process for Portola Avenue, designated as Lot "T" on the final tract map. I would appreciate meeting with you at your earliest con- venience to discuss these issues . Sincerely yours, R. L. Spicer President RECEIVED APR _1 RLS�jmC ENVIRONMENTAL SERVICES CITY OF PALM DESERT Oaf n,TI,� 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346=0611 t April 10, 1978 LEGAL NOTICE CITY.I.OP PALM DESERT ` AMENDMENT TO THE STANDARD CONDITIONS OF APPROVAL AND SPECIAL CONDITIONS OF APPROVAL FOR CASE NO. TT 5565 IN ORDER TO PERMIT PORTOLA AVENUE TO BECOME A PRIVATE ROADWAY FROM ITS INTERSECTION WITH MESA VIEW DRIVE EXTENDED WESTERLY TO HIGHWAY 74. CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an amendment to the Standard Conditions of Approval and Special Conditions of Approval for Case No. TT 5565 in order to permit Portola Avenue to become a private roadway from its intersection with Mesa View Drive extended westerly to Highway 74 at Ironwood Country Club, more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 t AVENUE NORTH atop - -- ----r r Ca FF.ItGi TRP1U --.-.- . _, _ TT 5565 _ _ . .. &A _C�Yl C SAID Public Hearing will be held on Thursday, April 27, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert, City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 13,, 1978 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAl ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or, interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of ----------CXTY--W---2-JMX--nZSXR-m------—----------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior CA- --- SE NO-.--- ---mT 5565---------------------------------- Court of the County of Riverside, State o California ------------ ----- ----- ----- ---------- under date of October 5, 1964, Case Number 83658. that the notice, of which the annexed is a printed copy, -------------------------- - - ----- ------- ------------ --------------------- has been published in each regular and entire issue of said newspaper and not in any supplement thereof on Paste clipping the following dates to-wit: of Notice SECURELY In This Space ----- ----- ------- ._g zr31__'i_3 th ---------------------------- I certify (or declare) under penalty or perjury that the foregoing is true and correct. ' mot✓ nature Date Date-----------------------------APr1--11--------------- 1978__ at Palm Desert, California LEGAL NOTICE CITY OF PALM DES RT AMENDMENT TO THE STANDARD CONDITIONS PPROVAL AND SPECIAL CONDI. TIONS OF APPROVAL FOR CASE NO, TT IN ORDER TO PERMIT PORTOL•A� AVENUE TO BECOME A PRIVATE ROADWA OM ITS INTERSECTION WITH MESA VIEW DRIVE EXTENDED WE AT RLV TO HIG 1NAY 74. NOTCASE NO. TT 5565 r,,• council to considers ana endmenI t0 the Standard Colic nditionill of Apprheld oval and Special)the Palm Conditions of Approval for Case No. TT 5565 in order to pemlt Portola Avenue to become a private roadway from Its intersection with Mesa View Drive extended westerly to Highway 74 at Ironwood Country Club, more particularly described as: APN 631-250-002, 008, 011 i r APN 631-270-008, 018 NORTH r_i Ir - "•�- r. la Cl -- . T 55 rc r r-, ID Public Hearing will be held on Thursday, April 27, 1978, at 7:00 p.m. In the Council Chbers In the Palm Desert, City Hall, 45-275 Prickly Pear Lane,,Palm Desert, Californim-at N' Time and place, all interested persons are invited to attend and be heard. s 'A R. GILLIGAN, City Clerk ' C f Palm Desert, California PDP-4/13T7 1 . 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 62260 TO 0 {�pQ h[T E G j� SENDEq Q° �C.89,!53 !K TELEPHONE(714) 346-0611 } (`�O juC STi 1pi FOU'V-rAi' T4 ��r Urf�FR VALLEY, CA 927QS w - U w f� > G7 w W J Raymond A. Pol i qui n ,L 9762 Brig Lane o 0 r j Santa�Ana, CA 92708 > W 1 Al .r•.i. '.LU F •r 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 April 10, 1978 LEGAL NOTICE CITY. OF PALM DESERT AMENDMENT TO THE STANDARD CONDITIONS OF APPROVAL AND SPECIAL CONDITIONS OF APPROVAL FOR -CASE NO. TT 5565 IN ORDER TO PERMIT PORTOLA AVENUE TO BECOME A PRIVATE ROADWAY FROM ITS INTERSECTION WITH MESA VIEW DRIVE EXTENDED WESTERLY TO HIGHWAY 74. CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will beheld before the Palm Desert City Council to consider an amendment to the Standard Conditions of Approval and Special Conditions of Approval for Case No. TT 5565 in order to permit Portola Avenue to become a private roadway from its intersection with Mesa View Drive extended westerly to Highway 74 at Ironwood Country Club, more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 r� _tlr:_PI O nvzNue r J 7T CIF FIGGc TPA..) j%j •a i r u. ��/l ' 1 1 • `\` TT 5565 , �- kA '�YA c SAID Public Hearing will be held on Thursday, April 27, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert, City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 13, 1978 April 5, 1978 Paul A. Williams , Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: Fire Station Site at Ironwood Country Club Dear Mr. Williams : I understand that the City Council reacted favorably to my letter of March 17, approving the location offered for a fire station site, the alignment of an easterly extension of Mesa View Drive and the concept that Portola Avenue would become a private roadway from its intersection with the extended Mesa View Drive westerly to Highway 74 . I believe you would agree that the conditions of approval for Tentative Tract 5565 and the recent approval of two final maps, • Tract 5565 - 1 and 2, could not have adequately taken into account the Council's subsequent decision to approve the fire station site location and Portola Avenue being a private roadway. Consequently, there are for Tentative Tract 5565 certain conditions of approval which should be modified or deleted. I have listed them below and ask your guidance for what procedural steps must be taken to effect these changes: I . Standard Conditions: 3 . Delete. This refers to access rights to Portola Avenue. 15. Delete. This refers to traffic safety lighting on Portola. IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 Paul A. Williams -2- April 5, 1978 II. Special Conditions: 3. Delete. This condition contemplated a possible signal at Portola and Irontree which would now be for only internal Ironwood traffic. 6 . Change Irontree Drive to Mesa View Drive. This refers to approval by the Fire Marshall of the new security gate. 10 . Delete. Condition requires Design Review Board approval for fencing on south side of Portola Avenue. While there would not now be a need for fencing; we would' be landscaping the area between Boxthorn Lane and Portola Avenue, the design of which you may wish the DRB to approve. 11. Delete. . The reason for sidewalks no longer exists with Portola Avenue being private. 14. Change to read, "Storage space for a minimum of (8) automobiles shall be provided on Portola Avenue west of Mesa View Drive. III . Final Tract Map 5565 - 1: Carry out a vacation process for Portola Avenue, designated as Lot "T" on the final tract map. I would appreciate meeting with you at your earliest con- venience to discuss these issues. Sincerely yours, , R. L. Spicer President CI IVE D A{_11 " .JIJ mC ENVIRONMENTAL SERVICES RLS/7 CITY OF PALM DESERT , March 23, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Dear Members of the Council: In accordance with the Subdivision Provisions of the Municipal ' Code and the proposed Parks and Recreation Element of the Palm Desert General Plan, Silver Spur Associates wishes to offer a site within its 15 acre property located generally between Haystack Road and Little Bend Trail subject to certain conditions listed below; and to other conditions currently being discussed with Mr. Paul Williams, Director of Environmental Services, which are in the nature of details relating to timing, the sequence of partial conveyances and other technical matters which will require some additional time to properly define. It is expected that all such details can be resolved within 30 days. This offer is based upon the following assumptions and conditions: 1. IRONWOOD'S current and projected park requirement will not exceed 13 acres for the total development, the boundaries of which are defined on Exhibit "A", dated 2/28/72, to Conditional Use Permit 1382. 2. Any surplus of land dedicated for a park in excess of the 13 acre requirement can be credited to the park requirement of any additional land that Silver Spur Associates may acquire. 3. A site not exceeding 10,000 S.F. will be reserved for a water well and pumping system to provide additional irrigation water for IRONWOOD. In addition., the City will obtain a utility ease- ment in which a water transmission pipe can be located to provide a connection between the well-site and IRONWOOD'S northerly property line. IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 1 The Honorable City Council -2- March 23, 1978 The dedication of this 13 acre site will fully satisfy present and future requirements and no further requirements including site improvements, maintenance or other fees will be imposed. Sincerely yours, SILVER SPUR ASSOCIATES, A General Partnership By: I ONWOOD CORPORATION, Managing General Partner By: R. L. S icer, President RLS/jmc y, �Y' .j•.,� ��t.�'�'�Y.'�� ..i��-�`!yf'Z►hr. ray. 'r .1..ty�:w•e'f' .y:.`...�c"F.-P .•�' ! -r�.r> - - ,. - _ rr.+r`a•�i.�.'s•.f^r'sC'.r� _ .:,.,- � '2'..�.O�T.-.'�.�_ •:a �• y�a.4c .^`,evf.e.:.ti.!IL 1 , a Q ..:.. CV � � � , ' 01 `l I :U \ _O 4 Q i 1>.K�,>:tw�m�,��"raV+'CY�3�� �'G4i#'b`X y_fi3' e"�!�'•_'�f�'i��� !„T ^i e�I L <"` I� (,, s I I •�»T. �.Ciid�� �.�G3F- .�';�Y... �F�.�'A iy"-�5��Z{�� /�).. O \ • l r� � O'er ^] G�✓'H' \ �. 3 7 March 17, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Fire Station Site at IRONWOOD Country Club Dear Members of the Council: As a consequence of recent discussions and a meeting with representatives of the City Staff and the County Fire Department, the attached drawing describes approxi- mately the location and configuration of a one acre fire station site which is hereby offered to the City of Palm Desert in accordance with the requirement of the conditions of approval for Tentative Tract 5565 . In addition to this site, Silver Spur Associates (Ironwood County Club) will: 0�b 1. Offer for dedication a -60- foot right-of-way from Portola Averwa northwesterly to Ironwood's north property line; and a SWfoot right-of-way therefrom along the north property line westerly to Alamo Drive. 2. Construct two lanes of pavement in the above-described right-of-way. 3. Construct a six foot high masonry wall on the east side of the fire station site for the purpose of screening the site from adjacent residences . The offer of a fire station site at this location and of the public roadway which provides a connection between Portola Avenue and the intersection of Alamo Drive and Mesa View Drive is feasible only if Portola Avenue becomes IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 The Honorable City Council -2- March 17, 1978 a private roadway from the fire station site westerly to Highway 74 . By the time you receive this letter, it is expected that a traffic study will have been submitted to the City Staff containing an evaluation of present and projected traffic levels . Sincerely yours, SILVER SPUR ASSOCIATES, a General Partnership By: IRONWOOD CORPORATION, Managing General Partner By. 4R. L. President enclosures RLS/jmc �-, ��t f.S+♦ Tom,y 1.r.'t't," �-y �° Y 4'�t_y'° S. L,X.,. Y+w :y. .may^. .. A y �Y1.r .) i Z - •:'--+' _ �••• /Y-_, -l' - .j.. .c"+4 i'a�-. ':J.....�'"+w 4 s 4 ' �r'Z l-?:"�yd'YT ti.�1.°..yTf ti T.7!.'-..YPr •r».yw, ia�hvx<'>{( -"r o!' .Z�vt ��r �' S<-.�. I1 .y•w / .c9,-.� � `i�. - S✓ � ��rr .� r +4 -r.ie x - A .t - t l'�.`•' +�a''-' 1 '.� � - .w�.. :s cN•� a' r.c ,1t� t- ivY ar. C�i.)" a J` ,�'�'fe. :c.. ,w' a_+ �`L♦ r�t3:..: �"4.x v� c w 3 s s' f .:� Y :�}.,ro Y - a.'�.-�,,•�.,�,..s ` { �L c'. � � C..t_b• Ay� n'."`.{ �,'. w .r J 1 O I \ • \\ _ I t i w " cr O � r l March 17, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Fire Station Site at IRONWOOD Country Club Dear Members of the Council: As a consequence of recent discussions and a meeting with representatives of the City Staff and the County Fire Department, the attached drawing describes approxi- mately the location and configuration of a one acre fire station site which is hereby offered to the City of Palm Desert in accordance with the requirement of the conditions of approval for Tentative Tract 5565 . In addition to this site, Silver Spur Associates (Ironwood County Club) will: 1. Offer for dedication a 60 foot right-of-way from Portola Avenue northwesterly to Ironwood's north property line; and a 30 foot right-of-way therefrom along the north property line westerly to Alamo Drive. 2. Construct two lanes of pavement in the above-described right-of-way. 3. Construct a six foot high masonry wall on the east side of the fire station site for the purpose of screening the site from adjacent residences . The offer of a fire station site at this location and of the public roadway which provides a connection between Portola Avenue and the intersection of Alamo Drive and Mesa View Drive is feasible only if Portola Avenue becomes IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 The Honorable City Council -2- March 17, 1978 a private roadway from the fire station site westerly to Highway 74 . By the time you receive this letter, it is expected that a traffic study will have been submitted to the City Staff containing an evaluation of present and projected traffic levels . Sincerely yours, SILVER SPUR ASSOCIATES, a General Partnership By: IRONWOOD CORPORATION, Managing General Partner By. R. 4L. President enclosures RLS/jmc kj <7 e2 uj 44 rQ- cq L3 April 3, 1978 S03 3700 Page 1 of 3 PRELIMINARY LEGAL DESCRIPTION NO. 11 FIE STATION SITE AND ACCESS ROAD PARCEL A (FIRE STATION SITE) THAT PORTION of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South 0° 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet; THENCE South 87° 37' 17" West, 9.78 feet; THENCE North 59' 10' 46" West, 394.72 feet to a point on a 544-foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 7° 30' 27", 71 .28 feet to a point on the North line of said Parcel 1 ; THENCE North 89` 53' 22" West, along the North line of said Parcel 1 , 409. 13 feet to the Point of Beginning. Containing 1 . 10 Acres, more or less. April 3, 1978 S03 3700 Page 2 of 3 PRELIMINARY LEGAL DESCRIPTION NO. it (CONTINUED) FIRE STATION SITE AND ACCESS ROAD PARCEL B (MESA VIEW DRIVE RIGHT OF WAY) THAT PORTION of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: COMMENCING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South 0° 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet to the True Point of Beginning; THENCE North 87' 37' 17" East, 13.47 feet to a point on the Northwesterly line of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 , Pages 52 - 57 of Maps,_ Records of Riverside County, said point being on a 3050-foot radius non-tangent curve concave to the Southeast with a radial bearing of North 26' 56' 15" West; THENCE Southwesterly along said curve through a central angle of 2' 59' 39", 159.38 feet; THENCE North 1 ° 50' 36" East, 41 .42 feet; THENCE North 59' 10' 46" West, 312.64 feet to a point on a 456-foot radius tangent curve concave to the Southwest; THENCE Northwesterly along last-mentioned curve through a central angle of 30' 42' 36", 244.41 feet; April 3, 1978 S03 3700 Page 3 of 3 PRELIMINARY LEGAL DESCRIPTION NO. 11 (CONTINUED) FIRE STATION SITE AND ACCESS ROAD PARCEL B (CONTINUED) THENCE North 890 53' 22" West, parallel with and 44 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the West line of said Parcel 1 ; THENCE North 1 ° 26' 27" West, along the West line of said Section 32 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 32, being also the Northwest corner of said Parcel 1 ; THENCE South 890 53' 22" East, along the North line of said Parcel 1 , 915.86 feet to a point on a non-tangent, 544-foot radius curve concave to the Southwest with a radial bearing of North 23' 18' 47" West; THENCE Southeasterly along last-mentioned curve through a central angle of 70 30' 27", 71 .28 feet; THENCE South 59' 10 ' 46" East, 394.72 feet; THENCE North 87' 37' 17" East, 9.78 feet to the True Point of Beginning. Containing 1 .89 Acres, more or less. 9 /,,�NW Cnr PA2CEL I RS 59/39- 4-2 NEGnr PARCEL. 1 ; Z5 59/39-42 A/8'53 22.4( 915,8G J69'53' 22"W 4-o9.13 µ V/E. FIKE STATION 51TE V De)V,� N. \ L9B9 53'zi'w 456 a. 3p, PA P-C E L A _ 700.34- �z' 36, v <; s9 1./0 k[RE5 t w 24�`4i PAQCEL 5 d �- 1.89 ACES S ± 39� w r1 J V. Q � z �s 9, 'o 0� L4,j � \\ ^ ti ro � d- D` moo; `s SKETCH PLAT M � KELIVIINA2Y LEGAL DEK. No. II \1 A i April 3, 1978 S03 3700 Page 1 of 3 PRELIMINARY LEGAL DESCRIPTION NO. 11 FIRE STATION SITE AND ACCESS ROAD PARCEL A (FIRE STATION SITE) THAT PORTION of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: BEGINNING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South V 44' 49'' East, along the Easterly line of said Parcel I and Southerly prolongation thereof, 233.47 feet; THENCE South 870 37' 17" West, 9.78 feet; THENCE North 590 10' 46" West, 394.72 feet to a point on a 544-foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 7° 30' 27", 71 .28 feet to a point on the North line of said Parcel l ; THENCE North 89' 53' 22" West, along the North line of said Parcel 1 , 409. 13 feet to the Point of Beginning. Containing 1 . 10 Acres, more or less. . 4 April 3, 1978 S03 3700 Page 2 of 3 PRELIMINARY LEGAL DESCRIPTION NO. 11 (CONTINUED) FIRE STATION SITE AND ACCESS ROAD PARCEL B (MESA VIEW DRIVE RIGHT OF WAY) THAT PORTION of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: COMMENCING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South 0° 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet to the True Point of Beginning; THENCE North 87° 37' 17" East, 13.47 feet to a point on the Northwesterly line of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 , Pages 52 - 57 of Maps, Records of Riverside County, said point being on a 3050-foot radius non-tangent curve concave to the Southeast with a radial bearing of North 26' 56' 15" West; THENCE Southwesterly along said curve through a central angle of 2° 59' 39", 159.38 feet; THENCE North 1 ° 50' 36" East, 41 .42 feet; THENCE North 59' 10' 46" West, 312.64 feet to a point on a 456-foot radius tangent curve concave to the Southwest; THENCE Northwesterly along last-mentioned curve through a central angle of 300 42' 36", 244.41 feet; April 3, 1978 S03 3700 Page 3 of 3 PRELIMINARY LEGAL DESCRIPTION NO. 11 (CONTINUED) FIRE STATION SITE AND ACCESS ROAD PARCEL B (CONTINUED) THENCE North 890 53' 22" West, parallel with and 44 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the West line of said Parcel 1 ; THENCE North 1 ° 26' 27" West, along the West line of said Section 32 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 32, being also the Northwest corner of said Parcel 1 ; THENCE South 89' 53' 22" East, along the North line of said Parcel 1 , 915.86 feet to a point on a non-tangent, 544-foot radius curve concave to the Southwest with a radial bearing of North 23' 18' 47" West; THENCE Southeasterly along last-mentioned curve through a central angle of 7' 30' 27", 71 .28 feet; THENCE South 59' 10' 46" East, 394.72 feet; THENCE North 87' 37' 17" East, 9.78 feet to the True Point of Beginning. Containing 1 .89 Acres, more or less. i Li'fi:z M.6�.t6,oN \ �3�?J�'d 3(V1� 1Sd•3 8L6 � �a- N I ¢ 'z- z- G V 4 4 a G\, uJ OS O y O Cjp � *1 F N a V) d ' � w Syr ul V Q 39£ Os /r uw o _o F- d uJ �N r *1 h N p� Ui lv a0 CO J ` LU V n1 N� H V N^ 40 n v / O N � M > � d Ld N N N v _� 81 M •Q. Cco : - v LN =� `M ZO.i-ti V RESOLUTION NO. 77-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT CONDOMINIUM PROJECT ON APPROXIMATELY 62 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE AND BEING A PORTION OF THE IRONWOOD COUNTRY CLUB. CASE NO. TT 5565 WHEREAS, the City Council of the City of Palm Desert, did receive a verified application from SILVER, SPUR ASSOCIATES requesting approval of a Tentative P1ap to allow for development of a 217-Unit Condominium Project on approximately 62 acres of land, generally located southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" in that the Director of Environmental Services has determined that an Environmental Impact Report is unneeded to meet the requirements of CEQA as the proposed tract is part of an ongoing project and there has been no substantial change in either the project or the circum- stances under which the project is to be undertaken, and; WHEREAS, the City Council did take into consideration the Tentative Map as sub- mitted, and the reports of the various reviewing agencies, and; WHEREAS, the City Council did find that the subject Tentative Map does sub- stantially comply with the City of Palm Desert Code, and the State of California Sub- division Map Act, as amended; WHEREAS, the Planning Commission did find that the Subject Tentative Map does comply with the adopted General Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That it does hereby approve the above described Tentative Map No. TT 5565, subject to fulfillment of the attached conditions: PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on the 25th day of August, 1977, by the following vote, to wit: AYES: McPherson, Wilson & Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: None 4ARDD. L4LNS, Mayor ATTEST: n / i SHEILA R. GILLI AN, City , erk RESOLUTION NO. 77- 89 August 25, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: I . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedica- tion on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the Director of Environ- mental Services. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force. 6. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8. The water system shall be signed by a registered civil engineer and approved by the water. company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the re- quirements prescribed by the City Fire Marshal ". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easement required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the develop- ment of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. RESOLUTION NO. 77-89 CONDITIONS OF APPROVAL CASE NO. TT 5565 Page Two I. STANDARD CONDITIONS: (Continued) 15. Install traffic safety lighting along frontage of Portola as approved by the City Engineer. II. SPECIAL CONDITIONS: 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of tital shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a Future Improvement Agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshal . 7. Drainage facilities shall be .sufficient to maintain at least one lane of r traffic free of water on local streets in a one-year storm and two lanes ! for collectors. Water shall not be allowed to top the curbs in a ten-year l storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from Drainage Area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainage dated June, 1976. This schedule for construction shall be subject to approval of the City. 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. From the outset of construction of the tract, complete dust control shall be maintained. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board process. 11 . Sidewalks shall be the subject of a Future Improvement Agreement executed prior to approval of Final Tract Map for their installation within a period of five (5) years if determined by Council to be necessary, and subject to review in all events ay the end of five years to determine if installation is necessary at all . The Future Improvement Agreement shall be subject to approval by the City Attorney. 12. Approval- of each final map will require certification from the C.V.C.W.D. that the tract is safe from exterior storm water risk. 13. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the. flow is measured at the time of measurement. i RESOLUTION NO. 77-89 CONDITIONS OF APPROVAL CASE NO. TT 5565 Page Three II. SPECIAL CONDITIONS: (Continued) 14. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 15. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department', and the original will be returned to the developer. 16. Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recor- dation of the Final Map or at a later date to be specified by the City of Palm Desert. 17. Storage space fora minimum of eight (8) automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. I l I l - THAT PORTION of the Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Rz 6 East, San Bernardino Base Meridian, described as follows: COMMENCING at the Northeast corner of Parcel I as shown by Record of Survey filed in Book 59, Pages 39 - 42 of Records of Survey, Riverside County Records; THENCE South 0' 44' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet to the True Point of Beginning; THENCE North 87' 37' 17" East, 13.47 feet to a point .on the Northwesterly line of Lot "A" (Portola Avenue) as shown by map of Tract 5554 filed in Book 81 , Pages 52 - 57 of Maps,. Records of Riverside County, said point. being on a 3050-foot radius non-tangent curve concave to the Southeast. with a radial bearing of North 26' 56' 15" West; TH�EHCE Southwesterly along said curve through a central angle of 2' 59' 39", 159.38 feet; THENCE North 1' 50' 36" East, 41 .42 feet; THENCE North 59' 10' 46" West, 312.64 feet to a point on. a 456-foot radius tangent curve concave to the Southwest; i THENCE Northwesterly along last-mentioned curve through a central angle of ' 30' 42' 36", 244.41 feet; THENCE North 89' 53' 22" West, parallel with and 44 feet Southerly of the North line of said Parcel 1 , 700.34 feet to the West line of said Parcel l ; THENCE North .l ' 26' 27" West, along the.West line of said Section 32 to the Northwest corner of .the Southwest quarter of the Northwest quarter of said Section 32, being also the Northwest corner of said Parcel 1 ; THENCE South 89' 53' 22" East, along the North line of said Parcel 1 , 915.86 feet. to a point on a non-tangent, 544-foot radius curve concave to the Southwest with a radial bearing of North 23' 18' 47" West; THENCE Southeasterly along last-mentioned curve through a central angle of 7' 30' 27", 71 .28 feet; THENCE South 59' 10' 46" East, 394.72 feet; THENCE North 87' 37' 17" East, 9.78 feet to the True Point of Beginning. Containing 1 .89 Acres, more or less. SCHEDULE "A" February 28 , 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Final Maps Tracts 5565-1 and 5565-2 Dear Members of the Council: This letter is submitted to satisfy conditions of approval for Tentative Tract 5565 requiring written commitments by Silver Spur Associates prior to approval of Final Tract Maps . We hereby agree to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and ourselves . We hereby agree to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. We hereby agree to install sidewalks along the Tract 5565 frontage of Portola Avenue within a period of five (5) years if determined by Council to be necessary, and subject to review in all events by the end of five years to determine if installation is necessary at all. We hereby agree to dedication to the City of a parcel of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Transfer of title for the required park area and fire station site will be made without cost to the City and free of all liens and encumbrances in the future when IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 The Honorable City Council -2- February 28, 1978 traffic studies and final land planning have been completed to the mutual satisfaction of the City of Palm Desert and ourselves. We submit this letter at this time to satisfy the afore- mentioned conditions. Sincerely yours, SILVER SPUR ASSOCIATES, a General Partnership By: IRONWOOD CORPORATION, Managing General Partner S By: R. L. S cer, President RLS/jmc Al March 8 , 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Final Maps Tracts 5565-1 and 5565-2 Dear Members of the Council: As a condition precedent to our letter to you of February 28, 1978, regarding satisfaction by Silver Spur Associates of conditions of approval for Tentative Tract 5565 , this will advise that all agreements and commitments outlined there- in shall be binding and passed on to any and all successors or assigns of Silver Spur Associates. Sincerely yours , SILVER SPPR ASSOCIATES, a General Partnership By: IRO1<WOQ,' D C RPORATION, Managing General Partner By: R. L. Spice , President RLS/jmc IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 t February 28 , 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Final Maps Tracts 5565-1 and 5565-2 Dear Members of the Council: This letter is submitted to satisfy conditions of approval for Tentative Tract 5565 requiring written commitments by Silver Spur Associates prior to approval of Final Tract Maps. . We hereby agree to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and ourselves . We hereby agree to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. We hereby agree to install sidewalks along the Tract 5565 frontage of Portola Avenue within a period of five (5) years if determined by Council to be necessary, and subject to review in all events by the end of five years to determine if installation is necessary at all. We hereby agree to dedication to the City of a parcel of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Transfer of title for the required park area and fire station site will be made without cost to the City and free of all liens and encumbrances in the future when IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 's The Honorable City Council -2- _ February 28, 1978 traffic studies and final land planning have been completed to the mutual satisfaction of the City of Palm Desert and ourselves. ` We submit this letter at this time to satisfy the afore- mentioned conditions. Sincerely yours, SILVER SPUR ASSOCIATES, a General Partnership By: IRONWOOD CORPORATION, Managing General Partner S By: R. L. S cer, President RLS/jmc March 8 , 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Final Maps Tracts 5565-1 and 5565-2 Dear Members of the Council: As a condition precedent to our letter to you of February 28, 1978, regarding satisfaction by Silver Spur Associates of conditions of approval for Tentative Tract 5565 , this will advise that all agreements and commitments outlined there- in shall be binding and passed on to any and all successors or assigns of Silver Spur Associates. Sincerely yours , SILVER SPUR ASSOCIATES, a General Partnership By: IRO / O" C RPORATION, Managing General Partner �11 By: R. L. Spice , President RLS/jmc IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-055 i rx . PLANNING COMMISSION RESOLUTION NO. 265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE_CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT PLANNED RESI- DENTIAL SUBDIVISION ON 62 ACRES OF LAND GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE. CASE NO. TRACT 5565 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from SILVER SPUR ASSOCIATES, requesting approval of a 217-unit planned residential subdivision on 62 acres of land located in the PR-7 zone and situated southerly of and westerly of Irontree Drive, and more par- ticularly described as : A Portion of Section 32 T5S, R6E, SBB&M WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Impact Report was previously submitted for Conditional Use Permit 1382; further a Negative Declaration was made on this portion of the project by the Director of Environmental Services and the appeal period has expired; and WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted and the reports of the various reviewing agencies; and WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Municipal Code and the State of California Subdivision Map Act, as amended; and WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true., correct, and constitute the findings of the Commission in this case; 2. That it does hereby recommend approval to the City Council of the City of Palm Desert of the above-described Tentative Map No. 5565, subject to the fulfillment of the attached conditions. CASE NO. TT 5565 PLANNING COMMISSION RESOLUTION NO. 265 FURTHER, BE IT RESOLVED that the recommended Conditions of Approval do include a recommendation to the City Council that they require compliance to - Article 26. 15 of the City's Subdivision Ordinance by dedicating land as specified by Special Condition of Approval No. 2. PASSED, APPROVED, and ADOPTED at a continued meeting of the Palm Desert Planning Commission held on this 2nd day of August, 1977, by the following vote, to wit: AYES: BERKEY, SNYDER, KRYDER NOES: NONE ABSENT: KELLY, READING ABSTAIN: NONE GEORGE BERKEY, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION . PLANNING COMMISSION RESOLUTION NO. 265 JULY 5, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: 1 . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, .the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedi- cation on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alterna- tives. The. approval of the final street names shall be made by the Director of Environmental Services... 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force. 6• The C. C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8, The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the requirements prescribed by the City Fire Marshall ". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. PLANNING COMMISSION RESOLUTION NO. 265 _ CONDITIONS OF APPROVAL TT 5565 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the development of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. _ 15. Install safety lighting along frontage of Portola as approved by the City Engineer. - 16. Drainage facilities satisfactory to the City Engineer shall be pro- vided. These shall be sufficient to maintain at least one lane of traf- fic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100- year storm. II. SPECIAL CONDITIONS: 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the appli- cant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the re- cordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a future improvement agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25. 32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshall . 7. All plans and development shall conform to the City of Palm Desert Master Plan of Drainage. . 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any building permits are issued for TT 5565. -2- PLANNING COMMISSION RESOLUTION NO. 265 _ CONDITONS OF APPROVAL TT 5565 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall consist of a solid six foot masonry wall . 11 . Sidewalks shall be installed along the south side of Portola Avenue between Irontree Drive and Mariposa Drive. Such sidewalks shall conform to the specifications and requirements of the City Engineer. 12. A Final Map shall not be approved covering any portion of the area in- cluded in this Tentative Map until the questions concerning the rout- ing of exterior drainage are resolved to the satisfaction of the City for that particular area. If required by the City, a revised tentative map shall be filed. 13. Such other conditions as may be adopted by the City Council upon re- commendation of the City Engineer. 14. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of measurement. 15. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along ap- proved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C: Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 16. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Mar- shal for review. Upon approval , one copy will be sent to the Building Department, and the original .will be returned to the developer. 17. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal ." -3- MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 2, 1977 7:00 PM - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order by Chairman Berkey at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall . II. PLEDGE - Commissioner KRYDER III. ROLL CALL P.rf�sent: Commissioner SNYDER Commissioner KRYDER PEA Q ;i Chairman BERKEY V- O � b�t: Commissioner KELLY 1 Commissioner READING Also Present: Ralph J. Cipriani - Acting Director of Environmental Services Martin Bouman - City Manager Hunter Cook -. City Engineer Sam Freed - Assistant Planner Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES A. MINUTES of the Planning Commission meeting of July 20, 1977 Mr. Cipriani requested that the following changes be made: Page 2, 6th paragraph from the top, lst sentence, change "first meeting" to read "first public hearing". Page 4, last paragraph, last sentence, change the year "1980" to read "2000 Page 5, 4th paragraph, delete "at the next Planning Commission meeting". A motion of Commissioner Snyder, seconded by Commissioner Kryder, to approve the minutes of July 20, 1977, as amended, carried unanimously. V. WRITTEN COMMUNICATIONS - None VI. PUBLIC HEARINGS Chairman Berkey explained the Public Hearing procedures to those present and announced that prior to this meeting, the Commission had met in a Study Session for the purpose of clarifying the staff's recommendations." No decisions .were reached. A. CASE NO. TT 5565, SILVER SPUR ASSOCIATES, APPLICANT Request for approval of a Tentative Tract for a single-story, 217-unit condominium development on approximately 62 acres of land located southerly of and westerly of Irontree (private street) Drive and being a portion of the .Ironwood Country Club in the PR-7 (Planned Residential- Maximum 7 Dwelling Units Per Acre) Zone District. ,1 Minutes Palm Desert Planning Commission August 2, 1977 Page Two VI. PUBLIC HEARINGS (Continued) A. Case No. TT 5565 (Continued) Mr. Cipriani reviewed this case stating that the staff recommended denial without prejudice due to the memorandum of the City Fire Marshal indicating inadequate fire protection and the City Engineer's memorandum indicating insufficient information regarding flood control . There being no questions from the Commissioners at this time. Chairman Berkey declared the Public Hearing open. DON SHAYLER, 73-893 Highway 111 , Palm Desert, (representing the applicant) spoke to the Commission, noting that after a discussion with the City Engi- neer, two additional conditions had been proposed for this case which would address the two principal issues of inadequate fire protection and inade- quate information regarding flood control measures. He mentioned that the City Engineer was satisfied that the two new conditions were adequate' to cover both issues. Mr. Bouman informed the Commission that the City Council had discussed the fire and flood control problems at the last meeting and the potential problem that exists. He indicated that the Council is waiting for a report from the Coachella Valley County Plater District with regard to the flood control issue and that a discussion had been held with Chief Flake and Fire Marshal Bud Engel in regard to the fire protection issue. Further, he indicated that the need for a fire station on the south side is the number one priority for the Fire Department at this time. Mr. Bouman stated that the City Council has instructed him to start a study with regard to a site and the allocation of money for a new fire station. In summation, the Planning Commission could pass the decision on to the City Council , because the Council is aware of the two issues and it would not be inappropriate for the Planning Commission to approve the Resolution subject to the conditions. Commissioner Snyder stated that he felt the Planning Commission should handle the problem at this level and not shirk their responsibilities and pass the problem onto the City Council . Mr. Bouman added that the City Attorney had advised him that if the future owners of the property were advised of the two issues that the Planning Commission would not be shirking their duties. Chairman Berkey indicated that the Planning Commission had two choices, they could deny without prejudice or approve with the" conditions as written. Mr. Bouman noted that the staff had recommended denial without prejudice, which would also bring the case before the City Council and they would have to deal with the problems. Mr. Shayler then asked that two conditions be added, that Standard Conditions No. 6, 12, 14, and 16 be deleted as they are covered by the zoning ordinance, that Standard Conditions No. 3 & 18 be changed, that No. 19 be more clearly stated, that Special Condition No. 1 be tempered, No. 2 & 5 be changed, No. 6, 7, 9, & 10 be deleted and that No. 11 be rewritten as there is no demand for sidewalks in that area. Chairman Berkey asked if there was anyone present who would like to speak in FAVOR of the project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. Being no one he declared the public hearing closed. Mr. Cook stated that with the added conditions the City would be protected and if the case was approved the developer could continue the project at his own risk. Further, if the case was denied the applicant could file again. Mr. Cook then addressed himself to the conditions pointed out by Mr. Shayler indicating that Standard Conditions No. 6, 12, 14 and 16 could be deleted, Special Con- dition No. 2 could be changed, No. 7 left as is, and No. 11 left as is, as there is a need for sidewalks in the area. Minutes Palm Desert Planning Commission August 2, 1977 Page Three VI. PUBLIC HEARINGS (Continued) A. Case No. TT 5565 (Continued) Commissioner Kryder noted that the fire control issue is very important and 'questioned again how it can be resolved. Mr. Bouman pointed out that the problem already exists and that the project in question could enhance the problem. Further, the Riverside County Fire Department report shows this problem is top of the list. Mr. Cipriani stated that the Fire Marshal 's memorandum had not been retracted ' as far as he was aware. Commissioner Snyder questioned the applicant as to whether he is ready to comply with the four conditions the Fire Marshal had requested be added to the list of conditions of.approval in the event that the Commission decided to proceed with the project and requested that the four conditions be added ' to the special conditions of approval . Mr. Shayler indicated that the applicant would comply and that any further delay of the case would be a hardship on the developer., The Commission agreed that since the two issues have been brought to the attention of the City Council , they would not be shirking their duties. Chairman Berkey covered the conditions with Mr. Cipriani noting the changes to Standard Conditions No. 2 and 18, the deletion of Standard Conditions No. 6, 12, 14, and 16, the changes to Special Conditions No. 2, 5, and 8 and the addition of the Fire Marshal 's conditions and the City Engineer's conditions. A motion was made by Commissioner Snyder, seconded by Commissioner Kryder to approve Planning Commission Resolution No. 265 with the conditions as stated; carried unanimously (3-0). B. CASE NO. C/Z 07-77, GEORGE GRAZIADIO, APPLICANT Request for a change of zone from PR-3 (Planned Residential-Maximum of Three Dwelling Units to the Gross Acre) Zone District to R-1 10,000 (Single-Family Residential-10,000 Square Foot Lots Minimum) on approxi- mately 5.2 acres of land located northerly of and adjacent to Haystack Road approximately 600 feet westerly of the intersection of Haystack Road and Portola Avenue. Mr. Cipriani reviewed the case stating that the matter was continued from the Planning Commission meeting of July 5, 1977 so that the Commission could weigh all the input received on this request and since that meeting a number of letters in opposition had been received. Further staff has not received any additional information which would cause a change in the staff's position regarding this case and staff still feels the PR zone offers more flexibility than the R-1 with regard to mitigating possible adverse impacts relative to traffic, drainage, scenic view preservation, etc. In conclusion, staff is still recommending denial for the reasons stated in the Staff Report under Section III and also the proposed rezoning would not encourage superior site-planning and environ- mental design. ` There being no questions from the Commissioners at this time, Chairman Berkey If declared the Public Hearing open. ROBERT A. RICCIARDI , 73-700 Highway 111 , Palm Desert, (representing the - applicant) spoke to the Commission and reiterated his statements given at the last public hearing on this case and noted a letter from Marrakesh (Exhibit A) . He also noted that with a R-1 zone each property owner would be responsible for his area, with PR zone all owners would be responsible for all common areas. Chairman Berkey asked if there was anyone present who would like to speak in FAVOR of the project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. Being no one he declared the public hearing closed and asked for a motion. Commissioner Kryder moved, Commissioner Snyder seconded that the request be denied by Planning Commission Resolution No. 266; carried unani- mously (3-0). Minutes Palm Desert Planning Commission August 2, 1977 Page Four VI. . PUBLIC HEARINGS (Continued) C. CASE NO. TT 10428, GEORGE GRAZIADIO, APPLICANT Mr. Cipriani noted that this is related to the previous case and staff is recommending denial . Commissioner Snyder made a motion, Commissioner Kryder seconded that this request be denied by Planning Commission Resolution No. 267; carried unanimously (3-0) . D. . CASE NO. CUP 12-77, DIANE LOHMAN, APPLICANT ' Request for approval of a Conditional Use Permit to operate a 700 square foot restaurant in the Plaza Taxco II commercial complex to be located at the southwest corner of Highway 111 and Sage Lane. Mr. Cipriani reviewed the case noting that the parking requirement might be adjusted. Chairman Berkey asked if there were any questions from the Commission, being none he declared the Public Hearing open. CURT DUNHAM, 73-210 El Paseo, Suite 2F, Palm Desert, (representing the applicant) spoke to the Commission indicating that the applicant agreed with the staff's recommendations. Chairman .Berkey asked if there was anyone present who whould like to speak in FAVOR of the project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. Being no one, he declared the public hearing closed and asked for a motion. Commissioner Snyder moved, Commissioner Kryder se- conded that the Commission approve Planning Commission Resolution No. 268; carried unanimously (3-0). E. CASE NO. CUP 10-77, PORTOLA GOLF RANCHOS, LTD. , APPLICANT Request for approval of a Conditional. Use Permit to build and operate a 201-lot mobilehome subdivision and 9-hole golf course as a part of the final phase of the Portola Country Club (formerly known as the Sun King project) and located on 63 acres of land east of Portola extended and south of 42nd Avenue extended. Mr. Freed reviewed the case emphasizing the staff's concern on the perimeter treatment of the project, that a right-of-way might be needed in the future and the need for a buffer on the east side which borders on a sand dune. Chairman Berkey questioned the 10 foot border along .the fairways and the gates leading to Rebecca Street not being free flow. Mr. Freed indicated that the Design Review Board process would handle the border issue and the gates are not compatible. Chairman Berkey declared the Public Hearing open. FRANK HAMERSCHLAG, 1007 S. Palm Canyon, Palm Springs, (representing the f applicant) spoke to the Commission addressing himself to several of the conditions, requesting changes in Standard Condition No. 3, 8, and 13 and that Condition No. 6 be deleted. Chairman Berkey asked if there were any questions from the Commission at this time. Being none, he asked if there was any present wishing to speak in FAVOR of the request. TERRY HACKETT, 48 Canyon Island Dr. , Newport Beach, (legal council for the applicant) spoke noting the beauty of the project and that the pre- sent residents are all pleased with it. He also questioned the 33 feet of land needed by the City and the requirement for more vehicle parking. Chairman Berkey asked if there was anyone wishing to speak in OPPOSITION to the request. There were none Minutes Palm. Desert Planning Commission August 2, 1977 Page Five VI. PUBLIC HEARINGS (Continued) E. Case No. CUP 10-77 (Continued) Some discussion followed between Mr. Hamerschlag, Mr. Hackett and Mr. Freed with regard to the right-of-way requirement, the 33 feet requirment and its effect on the project. Mr. Cook pointed out that the northside of the property is the logical loca- tion for a through street as required by the Subdivision Ordinance and that the east side is an extension of Rebecca allowing for a connection with an east-west street. JACK BENNETT, Associate Partner, 2101 Arelia St. , Newport Beach, pointed out that the applicant had reduced the density from 350 to 210. Mr. Freed reviewed the conditions and suggested changes to the Commission and' the addition of Condition No. 18 and 19. Chairman Berkey asked if the applicant would like to make a rebuttal at this time. Mr. Hamerschlag stated that he felt Condition No. 19 should be reviewed later. Mr. Hackett asked to have it confirmed that the conditions are part of the resolution before the Commission at this time. Chairman Berkey informed him they were. Mr. Hackett noted that future agreements create problems. Chairman Berkey declared the Public Hearing closed at this time. Discussion followed regarding the maintenance of the streets in the future, the blowsand issue, and the right-of-way issue. Commissioner Kryder noted that Condition No. 18 should be changed and asked why Condition No. 19 was needed. Mr. Freed pointed out that in previous projects there never seemed to be enough vehicle parking and also the wording could be changed to read "sub- ject to the approval of the Design Review Board process Mr. Hackett questioned the Design Review Board process and how it was handled and by whom. The process was explained. Chairman Berkey noted the changes to Condition No. 3, 6, and 8 and the addition of Condition No. 18 and 19 and asked for a motion. Commissioner Kryder moved and Commissioner Snyder seconded that Planning Commission Resolution No. 269 be approved; motion carried unanimously (3-.0). THERE WAS A BRIEF RECESS AT 9:25 P.M. THE MEETING WAS RECONVENED AT 9:35 P.M. F. CASE NO. CUP 11-77, ROGER AND BARBARA FULLER, APPLICANT -Request for a Conditional Use Permit to construct and operate a 48 space parking lot in the R-3(4) zoning district to be located on Tumbleweed Lane between Ocotillo Dr. and Sage Lane. Mr. Cipriani reviewed the case and noted that Condition No. 15 would be deleted. Chairman Berkey asked if there were any questions by the Commission at this time. Being none, he declared the Public Hearing open. ROGER FULLER, 24 Greenoaks, Atherton, Ca. noted he agreed with the staff's recommendations. Minutes Palm Desert Planning Commission August 2, 1977 Page Six VI. PUBLIC HEARINGS (Continued) F. Case No. CUP 11-77 (Continued) Chairman Berkey asked if anyone wished to speak in FAVOR of the request. JOHN OUTCAULT, 74-133 E1 Paseo, Palm Desert, spoke to the Commission regarding the required buffer on the east and west side which is re- quired by the Zoning Ordinance. Chairman Berkey asked if anyone wished to speak in OPPOSITION of the re- quest. BILL WRIGHT, 48-114 Silver Spur Trail , Palm Desert, property owner, noted he opposed the exit on Tumbleweed. JOHN WINSLOW, Chucker Inn, Palm Desert, opposed to parking lot. JACK PATTERSON, Chucker Inn, Palm Desert, too much traffic on Tumble- weed already. JOAN GROSSMAN, Chucker Inn, Palm Desert, too much traffic already. ALFRED GUFERRO, owner of Vista Shadows, opposed to parking lot. JUDY PARKER, Adobe Villas, traffic at corner is already bad. Chairman Berkey asked if the applicant would like to make a rebuttal at this time. BARBARA FULLER, 24 Greenoaks, Atherton, Ca. stated that she did not wish for the parking lot to be an eyesore or for the project to hinder the adjacent dwellings or residents. Mr. Outcault noted that there would be a block wall , a 10 foot setback with a buffer and on Tumbleweed a 15 foot setback. Chairman Berkey declared the Public Hearing closed and asked for the pleasure of the Commission. Discussion followed with regard to the exit on E1 Paseo and its location. The City Engineer felt that a middle of the block exit would create traffic problems, the residents were in opposition to one on Tumbleweed. Mr. Cipriani noted that staff wished that Condition No. 15 remain deleted. Chairman Berkey explained to the residents in opposition that a parking lot is allowed in this zone. Mr. Cipriani noted that there is already a shortage of parking in the area. Chairman Berkey asked for a motion. Commissioner Snyder moved, Commissioner Kryder seconded that the Commission approve Planning Commission Resolution No. 270; carried unanimously (3-0) . G. CASE NO. DP 09-77, CHARLES D. ROOT, APPLICANT r Request for approval of a Development Plan to construct 9 condominium units on a 1.5 acre parcel on the west side of Verba Santa Drive and south of Pitahaya. Mr. Cipriani reviewed the case pointing out Special Conditions No. 1 , 2, and 5. Chai.rman Berkey declared the Public Hearing open and asked the applicant to speak at this time. CHARLES D. ROOT, 45-860 Ocotillo, Palm Desert, spoke to the Commission noting his agreement with the staff. Chairman Berkey asked if there was anyone in FAVOR or OPPOSITION to the. project. Being no one, he declared the Public Hearing closed and asked for a motion. Commis- sioner Snyder moved, Commissioner Kryder seconded that the Commission approve Plan- ning Commission Resolution No. 271 ; motion carried unanimously (3-0) . Minutes Palm Desert Planning Commission August 2, 1977 Page Seven VI. PUBLIC HEARINGS (Continued) H. CASE NO. DP 10-77, CURT DUNHAM, APPLICANT Request for approval of a Development Plan for a 20-unit residential con- dominium, which will be the second and final phase of the Sandroc project and which will be located on a 2.48-acre site on the north side of Shadow Mountain Drive and east of Tumbleweed Lane. Mr. Freed reviewed the case pointing out various requirements of the City Engineer. Chairman Berkey asked if the Commissioners had any questions. Being none, he declared the Public Hearing open. CURT DUNHAM, 73-210 E1 Paseo, Palm Desert, spoke to the Commission regarding the conditions. He expressed his view that Standard Con- dition No. 9 be deleted as it is covered in Condition No. 3, and re- quested changes in Special Condition No. 1 , 4, and 5, and noted with regard to Special Condition No. 5 that he doesn't own the adjacent property. Mr. Cipriani read a letter (Exhibit B 1-5) from the adjacent property owners noting their concern for the lighting of the tennis courts. Some discussion followed regarding the need for sidewalks and the water drainage from Phase I to Phase II. Chairman Berkey asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the request. Being none, he declared the Public Hearing closed and asked for a motion. Commissioner Snyder moved, Commissioner Kryder seconded that the Commission approve Planning Commission Resolution No. 272 with the deletion of Standard Condition No. 9, and changes to Special Condition No. 1 , 4, 5, and 6; motion carried unanimously (3-0) . VII. OLD BUSINESS - None VIII. NEW BUSINESS Commissioner Snyder asked that the staff, with the help of the City Engineer study the various codes in the City that cover; whether 32 foot roads are adequate, vertical curbing on all new developments, restrictions on parking in downtown areas, and other areas of concern with all the new development in the City. Mr. Freed stated that a Staff Report would be prepared for a Study Session in the near future. Chairman Berkey asked for a motion on the above suggestion by Commissioner Snyder. Moved by Commissioner Snyder, seconded by Commissioner Kryder that a staff report be prepared; carried unanimously (3-0). XI. DESIGN REVIEW BOARD ITEMS A. Mr. Freed noted that the cases had been reviewed at the Study Session prior to the meeting and asked if the Commissioners had any further questions. Mr. Cipriani noted that Case No. 79MF had been withdrawn by the applicant and the case would be deleted from the Resolution. Being no questions Chairman Berkey asked for a motion to accept the Design Review Board cases by Planning Commission Resolution No. 273 with the deletion of Case No. 79MF; moved by Commissioner Kryder, seconded by Commissioner Snyder; carried unanimously (3-0) . Minutes Palm Desert Planning Commission August 2, 1977 Page Eight X. ORAL COMMUNICATIONS - None XI. COMMENTS A. City Staff - Mr. Cook took this opportunity to introduce Mr. Clyde Beebe, the City's new Assistant Civil Engineer, to the Commission. B. City Attorney - Not present ' C. Planning Commissioners - The Commissioners thanked the staff and the City Engineer for the com- plete information that was provided for their review prior to each meeting. XII. ADJOURNMENT Commissioner Kryder moved to adjourn the meeting, seconded by Commissioner Snyder; carried unanimously (3-0). Meeting was adjourned at 10:40 p.m. RALPH J. CIPRIANI , Acting Secretary ATTEST: GEORGE BERKEY, Chairman As EXHIBIT A POST OFFICE BOX 1 '143 PALM DESERT, CALIFORNIA 92260 August 2, 1977 TO: Robert Ricciardi and members of the Planning Commission City of Palm Desert Palm Desert, CA 92260 In regards to the Haystack property which adjoins the Marrakesh development to the south, we, Marrakesh Building and Country Club Corporation have no intention of personally developing this property now or in the future. The Marrakesh homeowners and the Marrakesh Country Club members are completely satisfied and happy with their present planned development within our 155 acres . They definitely do not want any development outside of this present acreage to be considered a part of Marrakesh, architecturally or even the use of the same colors . Yours truly, . MAR KES BUILDING CORPORATION Jo L wson ai/ an of the Board JWD:mf CC: Brian M. Jones RESOLUTION NO. 78-27 (!55:65-1 OLUTION O E CITY COUNCIL OF THE CITY OF PALM DESERT, ORNIA, APPROV G THE FINAL SUBDIVISION MAPS OF TRACTS and 5565-2, A APPROVING THE AGREEMENTS RELATING THERETO BE IT HEREBY RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the Final Subdivision Maps for Tract 5565-1 and 5565-2 in the City of Palm Desert, California, is hereby approved as the official Subdivision Maps of said Tracts, subject to the conditions of the Tentative Maps. 2. The Mayor and City Clerk are authorized to execute on behalf of the City: a. Standard Subdivision Agreement guaranteeing completing of the public improvements required by law. 3. The Public Works Director is authorized to receive the improvement security as required by law on behalf of the City, subject to the approval of the City Attorney as to form. 4. The Public Works Director is directed to process the Final Maps for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED, AND ADOPTED on this day of , 1978, by the following vote: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California INTEROFFICE MEMORANDUM City of Palm.Desert TO: Honorable Mayor and Members of the City Council FROM: Director of Public Works SUBJECT: Tract 5565-1 and 5565-2 DATE: March 9, 1978 Applicant: Silver Spur Associates RECOMMENDATION: Adopt Resolution No. 7g-27 approving Final Tract Maps , for Tract No. 5565-1 and 5565-2. DISCUSSION: Tract 5565-1 is comprised of 37 lots in 15.11 acres and Tract 5565-2 is comprised of 50 lots in 10,98 acres. This is part of the Silver Spur Associates Development at Ironwood Country Club as approved by the City Council on August 15, 1977. This is the first and second phase of the Tentative Tract. There are certain conditions attached to this tract that should be satisfied prior to approval . The subdivider has made a written commitment for these certain conditions by the attached letter, The necessary bonds, agreements and cash fees have been submitted. J I 4 INTEROFFICE MEMORANDUM City of Palm Desert TO: Paul A. Williams FROM: David J. Erwin SUBJECT: Tracts 5565-1 and 2 DATE: February 17, 1978 Dear Paul : I have reviewed the enclosed CC&R` s and grant deeds for Ironwood, and they are satisfactory. DJE/ml Encls . hraM,ti.r��. AND WHEN RECORDED MAIL TMS DEED AND. UNLESS OTHER- f' WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME John Buyer and Mary Buyer SAMPLE DEED ADDRESS C.r, A Tract No. 5565-1 STATE Zle L J Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE. - - 61-1ANT DEED The undersigned declares that the documentary transfer tax is s.................................................................................. and is computed on the full value of the interest or property conveyed,,or is ❑ computed on the full value less the value of liens or encurnbrances remaining thereon at the time of sale. The land. tenements or really is located in ❑ unincorporated area ® city of....... -----D-esert--- -------------------------------------------------------------------------- FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,. SILVER SPUR ASSOCIATES , a general partnership, hereby GRANT(S) to JOHN BUYER and MARY BUYER, husband and wife, as joint tenants, the following described real property:in the City of Palm Desert, count • of state of California: y Riverside Lot of Tract No. 5565-1, as- shown by map recorded in Book pages of Maps Riverside County Records. This land is conveyed subject to all the terms and conditions of that certain Declaration of Covenants, Conditions and Restrictions (Ironwood Owners Association VII ) recorded as Instrument No. Riverside County Records, all of which are incorporated herein by reference with the same effect as though fully set forth herein. SILVER SPUR ASS CO general Dated — l/ drtnership BY: Ironwood C�rgo�at on a California corpora oil, reral Partner n STATE OF CALIFORNIA l ,. , COUNTY OF.-- - } SS. Q a. On___.-_-------------------_--. hefore me, the undersigned, SAFECO a;1 a Notary Public in and for said County and State, personally appeared known to me to - OR NOTARY SEAL OR STAMP be the -_-. _—President, and -----------'--, known - `o I,. no- to he the—_---"------Secrt;lacy of-- -- - 0 the.corporation that executed the within instrument and known to me to be the persons wwho e ce,I'd the within instrument on behalf of said corporation, said corporation Icing known to me to lie one of the partners of. D -- -- ----- -- -.— the 0 pmvlership that executed the within instrument, and acknowledged to me that such corl rati 11 executed the same as such partner o and that such partnership executeA the same. - - ti N .- (7 o I( n11 r Submitted for Recordation`"" o By and Return to " r— BANKOFAMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION S112APLE FORM office - Tract L1o. 5565-1 .Address. City State - Zip L._ SPACE ABOVE THIS LINE FOR RECORDER'S USE This. Deed of Trust, made this day of 19—, BETWEEN Jbhn Buyer and Mary Buyer, husband and wife, as TRUSTOR ("Trustor" to be interpreted as "Trustors" where context requires), CONTINENTAL AUXILIARY COMPANY, a California corp- oration, as TRUSTEE, and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association,as BENEFICIARY, wiTNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS and ASSIGNS to TKU5T1?E, IN TRUST, WITH POWER OF SALE, the following described property situate in the City of Palm Desert _ C.(,unty of Riverside State of California, to-gait: Lot of Tract No. 5565-1, as per map recorded in Book pages inclusive of Maps, Riverside County Records. ,t .1 4 including all appurtenances and easements used in connection therewith, all water and slater rights (whether riparian, appropriative, or otherwise, and whether or not appurtenant) used in connection therewith, all shares of stock evidencing the same, pumping stations,engines, machinery, pipes and ditches, including also all gas, electric, cooking; heating, cooling, air conditioning, refrigeration and plumbing fixtures :old equipment which have been or may hereafter he attached in any mamter to any building now or hereafter on the said property, or to the said property, mud also the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to acid conferred upon the Beneficiary to collect and apply such rents, issues and profits. FOR THE PURPOSE OF St-CURING: (1) Payment of the sum of $ with interest thereon according to the terms of a promissory note or notes dated made by Trustor, payahle to the order of the Z. r r i RcoeficiarY, and extensions or renewals thereof: (2) payment of an% and all obligations and Inabilities, whatsoever, whctlier primary. sec- ondary, direct, indirect, fixer) or contingent, which are, flow due or may hereafter become due from Trustor ((or any of than nr any successor in interest to Trustor or any of them) whether created directly or acquirt•d by assignment if the document e•vi•Irncing any' such either obligation or l iahility or any other writing signed by Trustor (or any of them o m r : v successor in interest to Trnctn o r r any of them) specifically provides that said obligation is secured )y this dent of trust; (3) performance of each agrecnnent of -Tr slur herein contained; and (4) payment of all Burns to he made by Trustor pursuant to the terns hereof. TO PROTECT THE PROPERTY AND SECURITY GRANTED BY Tills DT;F.D OF TRUST, TRLIST01, AGREES: (a) Properly to rave for and keep said property and buildings and improvements situate Ihereom ill good condition and repair: to undtr- pin and support, when necessary, any building or other improvement situate thereon, and otherwise to protect and preserve s:une; net to remove or demolish any building or improvement situate thereon; to complete nr restore promptly, and in gorxl and wnrknanlike manner, any building or improvement which may he constnrcted, damaged or destroyed thereon, and pay in full all costs incurred therefor; Tint to commit or permit waste of the property; to comply with all laws, covenants, conditions or restrictions affecting the properly; in the case of a leasehold estate, to observe and perform all obligations of Trnctnr miller any lease or leases and to take any action rrpuired and to refrain from taking any action prohibited, as necessary, to preserve and protect the Icisehold estate and the• value thereof; In•provi,le and maintain fire (and if required by Beneficiary, earthquake, mortgage guaranty and other) insurance siticfartory to and with loss payable solely to Beneficiary, and to deliver all policies to Beneficiary, which delivery shall constitute assize mtent to Bcoefiriary of all return pre- miums; to appear in and defend, without cost to Beneficiary or Trustee, any action or proceeding purporting tci affect the security hereunder, or the rights or powers of Beneficiary or Trustee, and. when required by Trustee or Beflrficiar•, to continence and maintain :tin action or proceeding necessary to protect such security and such rights or powers; and should Trustee or Beneficiary elect to appear in, defend, or co nmeruc and maintain any such action or proceeding, (incfutling any proceedings under any law relating to insolvency or haukruptcv) to pay all their costs and expenses, including attorney fees; to pay before delinquency, all taxes, assessments and charges affecting tine prop- erty, including assessments on appurtenant water stork; to pay when clue all eflcunnb rat ices, charges and liens affecting or purporting to affect title to said property; to pay all costs, fees and expenses of This trust; if said properly he agricultural, to farm said land in an approval and husbandlike manner, and to keep all frees, vines and crops on said land properh cultivated, irrigated, fertilized, sprayer) and fumigated; to replace all dead or unproductive vines or trees with new ones; and to keep all buildings, fences, ditches, canals, wells and other farming improvements on said premises in first class condition, order and repair. At the request of Beneficiary, Tru for will mnothly pay to Beneficiary an amount equal to one-twelfth (1/12th) of the animal cost of taxes and .lssessnlfnlfs on the property h gcller with an amount e(pal to the estimated next fire or fire and earthquake and other required insurance premiums divided by the number of months between tine mate of compulation and the (late of payment of the said insurance premimn; said accmnnnlated (suds will he released to Tr slur for payment of taxes, assessments and insurance premiums,-or may he so directly applied by Beneficiary, if Beneficiary so elects. (h) Should Trustor fail to make any payment or do any act as herein provided, then Beneficiary or Trustee (hilt without obligation I to do, and without notice to or demand upon Trustor, and without releasing Truslor from any ohligatinn hereunder) may hake or do the sane, and roar pay, purchase, contest or compromise ally encumbrance, charge or lien, which in the judgment of either appears to affect said property; and in exercising any such powers, incur any liability and expend whatever anounls in its absolute discretion it may deem necessary therefor. All sums so incurred or expended by Beneficiary or Trustee shall he secured licreby and, without demand, shall he innrne- diately clue and payable by Trustor and shall bear interest at the rate of left lecrcc•nt per :mount; prnyided, hmvc%cr, that at the opti(,o of Beneficiary or Trustee such stints may he added to the principal balance of ;sty indebtedness securer) hereby and shall hear the same inter- est as such indebtedness and be payable ratably over the remaining term thereof. IT IS MUTUALLY AGREED THAT: I. Should the property or any part thereof be faker or damaged S. If default he utade in the paynnenl *When hte of any. part or by reason of any public improvement or condenutatinp proceeding, iust:ehneut of principal nr interest of the note or nntcs speccificalh or damaged by fire or earthquake, or in any other manner, Belle- refcrreef to above or in the payment of an y (,flier indebte•dnecs sc- ficiary shall he entitled, at its option, to continence, appear in and cured hereby or in the event Trustor or arc successor in interest prosecute in its own name, any action or proceeding, or to make to Truslor in the property sells, conveys, alienates,*assigns or trans-, m»' compromise or selllnneut, in connection with such taking or fern said property, or any part thereof, or any interest therein, or damage, and to obtain all compensation, awards or other relief drills or extracts or enters into any lease for the drilling or ex- therefor. All such,compensation, awards, damages, rights of action traction of nil, gas, or other hydrocarbon substances cor any mineral and proceeds, including the proceeds of any policies of insurance of any kind or character therefrom or front any part thereof, or affecting said property, are hereby assigned to Beneficiary, who may beconcs divested of his title or amy interest therein in any mauler release any money so received by. it, or apply the same on any in-' or way, whether voluntary or inyoluntaary, or upon default I,% cdchtehtess secured hereby. In l the event that anyone shall establish ruclor in a the performnce of any agreement hereunder, or in the and exercise any right to develop, bore for or mine for any winter, eveol and at ;tin time after anyone establishes an n d exercise, av gas, oil or mineral Tin or under the surface of the prolw rty, any right to develop, hore for or mine for any water. Vac, oil or mineral stuns that may thereafter become (lee and payable to the 'Trustor on or under the surface of the property, Beneficiary shall havC the as hones or roynhty shall he considered rent hereunder, and such right, al its option, to declare said note or notes and any other cures, together with damages and other compensation payable to indebiedoesc or obligation serum) herell irrespective of the rnatur- the Truslor by reason of the exercise of such rights are hereby ity date specified in arc note nr written agreement evidencing the made subject to this deed of trust and shall he applied in accordance same, immediately clue and payable without notice, or demand, with the provisions hereof. Trustor agrees to execute such further . and no waiver, of this right shall be effective unless in writing assignments of any compensation, award, damages and rights of' and signed by Beneficiary. action and proceeds, as Beneficiary or Trustee may require. The Trustee nr Bemeficiary• may enter upon the properly it any time 6. %%'giver of a right gr:mied to Beneficiary hec•under as to one during the existence of this trust for the purpose of inspection, or lrusactinn or occurrence shall lint he deemed to he a waiver of the for the accomplishment of any of the purposes hereof, right as to any subsequent transaction or occurrence Beneficiary nun• rescind anv notice before Trustee's sale by executing a notice 2. By accepling payment of any sun% herchy secured after its of rescission anal recording the same. The reconlatiom of such nolire (file date, or after the filing of notice of default and of election to shall constitute also a cancellation of any prier declaaticm of de- scll. Beneficiary shall not waive its right to require prompt paynnent Felt ;and demand fnr sa n le, and of ay acceleration of maturm of when due of all other sunns so secured, or to declare default for indebtedness affected by ally prior declaration our notice of default. failure so to pay, or to proceed with the sale wider ;tit)- such notice The exercise by Beneficiar of the right of rescission shall not of default and of election to sell, for anv unpaid hal:mce of said constitute a waiver of any default Ihcu existing or s:;bsequrn:h' indebtedness. If Beuefnciary holds any additional security for any occurring, nor impair the right of the Beneficiary to execute other obligation secured hereby, it may enforce the sale thereof at its declarations (if default :and demand for sale, or notices of default option, either before, contentporameously with, or after the sale is and of cleclinm to cause the property to be sold, nor olher.%ise nnarle hereunder, and Tin ;any default of Truslor, Beneficiary nna)• affect the wile or deer) of trust, or anv of the rights, oldigations at its option,offset against any indebtedness owing by it to Trustor, or remedies of the Beneficiary or Trustee hereunder. the whole or any part of the indebtedness secured hereby. 7. At least three months having elapsed between the recordation 3. Without affecting the liability of any l%erson, including of the notice of default and the date of sale, Trustee, haying first Trustor, for the payment of any indehtadoess s(xured hereby, or given notice of sale is then required by law, and %%ithout dernand on the lien of this deed of trust on the remainder of the property for Trustor, shall sell tine property at the ante and place of sale fixed file full anwnut of any indebtedness unpaid, Beneficiary and Trustee Ity it tin the notice of sale, either as a %chile or in separate parcels, are respectively empowered as follows: Beneficiary may from little au d in such order as the Trustee may determine,at public auction to In time and without notice (a) release any person liable for the pay- the highest bidder for cash, in faw'fttl nnnnec of the United Slates meat of ally of the indebtedness, (h) extend the time or otherwise of America, payable at the time of sale. Trustee nav px-rstlone sale alter the terms of payrncul of any of the indebtedness, (e) accept of all nr any portion of the property by public annoucement at the additional security therefor of any kind, including deeds of trust time of sale, and from little to tune thereafter may n postpone the or mortgages, (d) alter, substitute or release any property securing sale by public anno ncemcnt at the time fixed be the previous post- , the indebtedness; Trustee may, at any time, and from time to time, f'nnenncnt, and without further notice it may make such sale at the upon the written request of Beneficiary (a) consent to the making time to which the sa'ane shall he so postponed. -TrnsICC shall deliver of any map or plat of the properly, (b) join in Rranliog any case- to file purchaser its deer) conveying the property so scold, but with- out any covenant or warranty, expressed or implied. The rectal tioo r t creating ag any restriction thereon, eel join i s any su licit a in any such deal of any natters or facts, stated either spccift- tion coo ether agreement affcUing this deal of tract or 16e lien or charge thereof, (d) reconvey, without any warranty, all or any part call)- or in general terms, or is conclusions of h%y or fact, shall of the property, he conclusive proof of flu truthfulness thereof. Any person, includ- nig Trustor, Trustee or Beneficiary, may purchase it the sale. After deducting all costs, fees and expenses of Trustee and of this 4. Upon payment ire full of all sums secured herchy, and per- trust. including costs of evidence of title in connection with the safe, formance of all obligations of the Trustor hereunder, the Trustee the Trustee shall apply the proceeds of the sale to the paymrnt of shall reconvey, without warranty,file estate vested in it hereby. The all sums then secured herchy, in such order and manner as may he grantee in any recouveyance made pursuant to this deed of trust required by the Bcnefieiar%; the remainder, if anv, to he paid to may he described as "the person or persons legally entitled thereto," the l,crsno or persons legally enlitiLd thereto. If Beneficiary shall and the recitals therein of any matters or facts shall be conclusive elect to bring suit to foreclose this deed of trust in the manner and proof of the truthfulness thereof. subject to life provisions, rights and remedies relating to the fore- closnre of a mortgaRe, Beneficiary shall be entitled to a reasonable 9. Any -Trustor also is a lnarrierl`persnn hereby exprccly sum to be fixed by the court as altorney•s fees expended in the pros- agrees that rccour<c mac be had against his or her scq crate ecution of said action. -property for lily deiiciency after the sale of. the property here- under. R. Trustor hereby Rives 61 and confers upon Beneficiary the right. power :and autlinrity during the continuance of these rousts 10. The pleading of ally statute of limitations as a defense In any to collectthe rents, issucg and profits of said property and of any nd all obligations secured by this deed of trust.is hereby waked personal property fixated thereon with or without taking pcxsessioll to the full extent permissible by law. of the property atTectei hereby, and hereby absolutely and un- conditionally assigns all such rents, issues and profits to Belle- ficiary; provide(, however, that Beneficiary hereby consents to the 1l. Trustor periods agrees that Beneficiary may from time e collection and retention of such rents, issues and profits as they time and for Ioriext not exceeding one year, in behalf of the accrue and become payable only if Trustor is not, at such times, in Trusu,r, renew or extend any promissory note secured hereby, and default with respect to payment of any indebtedness secured hereby said renewal or extension shall be conclusively deerned to have hecn "fade when endorsed on said promissory note or notes by the Rene- or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time,without notice,either in person, ficiary in behalf of the Trustor. by agent, or b}• a receiver to be appointed by a court, arul without regard to the adequacy of any security for the indebtedness hereby. 12. Beneficiary may, front time to little, substitute another secured, enter upon and take possession of said property or any Trustee in the place of the Trusltt herein named, to execute this part thereof, and in.its own name site for or otherwise collect such trllsl. Ul,oll such appoinhnent, and wuhout Corlye_yanfe to the cuc- rents, issues and profits, including those past due and unpaid, and censor trustee, the latter shall be vested with all the title, 1✓>wers apply the same, less costs and expenses of operation and collection, and rinties conferred upon (lie Trustee herein named. Bach such including reasonable attorney fees, upon any indebtedness secured appointment and substitution shall toe made by written instrument hcrchy, and in such order as Beneficiary may determine; also per- _ execulel by the Rcneficiary•, containing reference to this deed of form such acts of repair, cultivation, irrigation or protection, as trust sufficient to identify it, which, when recorded in the office of may be necessary or proper to conserve the value of the property; the County Recorder of the counh or counties in which the prop- also lease the same or any part thereof for such rental, term, and erty is situated, shall he conclusive proof of, the prol er aplx,int- upon such conditions as its judgment may dictate; also prepare for meet of the successor trustee. harvest, harvest, remove, and sell anv crops that may he growing upon the premises, and apply the proceeds thereof upon the indebted- ness secured hereby. The entering upon and taking possession of 13. This deed of trust shall inure to anti bind the heirs, devisees, said property, the collection of such rents, issues and profits,and the legal representatives, successors and assigns of the parties hereto. application thereof as aforesaid, shall not waive or cure any default All obligations of each Trustor hereunder are joint and several:The or notice of default hereunder, or invalidate any act done pursuant rights or remedies granted hereunder, or by law•, shall not be ex- tra such notice. Trrtstor also assigns to Trustee, as further security elusive, but shall be concurrent.and cumulative. for the performance of the obligations secured hereby, all prepaid rents:and all monies which may have been or may hereafter he de- 14. For any statement regarding the obligations secured hcrchy, posited with said Truster by any lessee of the premises herein cha rge de- scribed, to secure the payment of any rent, and upon default in the Beneficiary may the ri,asimurn amount Ixrmidlawl by la at performance of any of the provisions hereof, Trustor agrees to the time of the yrequest therefor. deliver such rents and deposits to the Trustee. if a mailing address is set forth opposite any Truslor's sign}lure hereto, and not otherwise, file (undersigned Trustor shall be deerned to have requested that a copy of any notice of default, and of any notice of sale hereunder, he mailed to said Trustor at said address. MAILING ADDRESS FOR NOTICES Street City and State Signature f Trus r - STATE OF CALIFORNIA $S. Comity of On this day of 19 before me a Notary Public in and for said County, personally appeared -- known to one to he the person—whose name subscribed to the within instrument and arknowl- edged that—he executed the same waNF.SS my hand and official seal. Notary Public in and for said County and State My Cornmission expires Io— 4 REAL ESTATE NOTE: COMBINED PRINCIPAL AND INTEREST IN INSTALMENTS 1 CHECK APPROPRIATE BLC)CK• 'r INDIVIDUAL CORPORATION 0pARTNP R.';IIIP DASSOCIATtON Nit For value received, the undersigned prornlses to pay in lawful money of the Ur.ip•d Slates of An-f-co, n•!h•`Doter BANKOFAMERICA of the NATIONAL TRUST AND SAVINGS ASSOCIATION at 115 Off." in this city the principal sum of DOLLARS. with interest in like lawful money from at the rate of per cent W•r ;vnum on the decreasing balance of said principal sum until paid;and to pay said principal sum and interest in instalments as follows. DOLLARSIS ) on and ( )successive instalments of OLLjS ($ on thereafter until on which date the entire lialance of principal and interest u tpaicl sh ail 1\doe and payable;and it is agreed that each instalment. when paid,<hali be apnhed by the to hereof, first, so much thereof as shall be requi .d, to I aV nlent of inleres, accrued az above specified, and nett,the balance thereof It,the repayment of the principal This note i;secured by a deer)of trust which,in par\pro ides as follows: If efault he n')7de in the paV mhnt wharf due of any poet or lost elmrni of principal or interest of the note or notes specifically referred to5yb ve O in the paynr,7 t of any OthCr indeblednes<set red.heleby or in the e,e I T•ustnr or any succor sor in imerest to Trustor in the property sells,convey;\'lie,at-,assigns p/r transf ars lair)property. or any part thereof. or any •nrer•.�:' tI`.er••in. �t/ i r n ' r v 1 f n' Y rn• T- h.r'- er ills r r r• trv: r enters.int In lease for the drilling r xira tr f it os r Iher h r rarb n su bst races o a m nt a o a .1 o c I ott. or drills 1 .x is oc, y u e d g o e c Q�•� o g ,o ytl� o y - y therelrorh or from any part thereof,or becom••s divested of Truslor's W. or any interest Iherern n any manner or s:'ay, whether vohq I,1v er �n•:p!u• •:rr,, or upon default by Trust., in the petin nnance of any agreement here." IA or in the vent and t// nny time alter anyore establishes and a<ere rs•is a• .lI(!To develop, bore for or mine for any water,gas,oil or mineral o r u .de T R.surface f the pro}}erty', Beneficiary shall have the right at if,opt,or. •: declare said 'fete or notes.loci any other indebtedness or obliyaUon s.cw hereb 'irrespe live of this maturity date specified in any note or vnitten ogee•+•ne^T evl dencing The samq'immediat sly due and payable without noticetoder and. an •nu e•elver,of his right shall be effective unless in writing and vaned hs B.•r.: ficiary. - tint withstanding any otl"•r aro vision of this no a,it q(yulr be made i the pa men.m•hen clue of any part Or instoh near p1 pnnnf'::•t ant! ,er^<r• the or,ders,gned agrees to pity a delinquent;y`\hi!rge for each in, alment in default days in an amount equal to of each such instalrnent: , I I,, undersigned may prcpa• 11,15 note in I, Or in a,v pa at city time. I in;ury twelve.(I?) month per iud CJ,,, the in st f„', 1.`il vea,; f.•nn the 'late.herenl the un dersrgned shall Pre, ay in Cxce5, OI a amount equal Lr 20"'b of tile. I;lce. arylnu nt of this note, the ur.dcl sinnn<f pn•rn rye; ra•; •hr holder of this not,a prepayment plcnu.itll I I angTi".... equal Six(G) month•'ativan1re mleresl nit the anxnrnl of ❑....... a- ;,It)aid ul rr,,•.;c r,! ,r , '.n,••!•.t equal to 2D"o of the lace .1motml of this not . After' Said Ifve (5 year period, {nep.lylllenls may be made without p.l';nu!nt nl plenuU m.1_ac"It,va•:'"vet shall be applied to the most remote principal in. aiinent(s)of(is'nole.The undersigned, if more than.one,sh\ e joinartd severally I able hereunder. 1 In the event of commencement of suit t.\a orce paymeAt of ti is note, the undersignedagrees to pay such additional sum as attorneys fr:es as the court may adjudge feasonable. 1 J . IN WITNESS WHEREOF, rile undersigned has caused this "ore to be executed by its officers thereunto cluly authorized and BORROWER SIGN-ERE dirucied by a resolution of its Board of Directors duly passed and ad o ptrd by a majority of said.Bpard at a meeting thereof a OPPCwrER 5i�'."ERE duly called, nod. and held. BORROWER SIGr1 RERE l a Corporation - Telephone No. BORROWER By President A Mail Address: n By - - Secretary i A 4• 6. 'y" � `Y 7I Y ••� {tr-? '-��.G,� -:� �..-J..•R.. ( ! .��.'�: !'f�. � Y`•,.- r y A ., ��1 �I• ,. NO. NAME _ -RATE-- MATURITY INTEREST PAID • DATE PAID PRINCIPAL BALANCE OF AMOUNT J PAID TO PAID PRIr;C1OAL O O ._— L a dc -- — Ua IO N —" ------ -- ------------- -----.._i-------- ----- O L c J c d n d O J ° 9 E Y ,C 79 _ a c > o n m E E �c - - - -- - t A a _ >t ---i---.i---- O J io n E E °G n o •O d C O A O __. ._____ gg 'pac C a _c —i-'-- c C = p d E y L O - ° u u n C c a -- -- --— c .. .— J > p c c ° o ° �'- d � d 0 u u O d J r0 •- W C W y 2 L — � rn « d a w SZ t m P .S L O �`.p.��� ,'�`'-� 1 `�•`�aJ`h,-y_ .. -r �. t. ALA• +l ti..•• .T^^.• > f" 'r.-..• . ..�' r• .fir.r_ _r .P � ° � IRC;NWOOD COUNTRY CLUB ti Deposit Receipt and Agreement of Sale Palm Deserc, California 19y... RECEIVED FROM -- -- — (full legal name) ("Buyer"), (address) the sum of $ as a deposit on the purchase of Lot of Tract as shown on that certain Subdivision Map filed for record in the Office of the County Recorder of Riverside County, California in Book — of Maps, at Pages through , together with the residential unit (Plan # ) to be constructed thereon. Buyer hereby offers to purchase said Lot and residential unit (the "Property") on the terms and conditions herein set forth. I PRICE AND TERMS A. Purchase Price $ •j' Estimated closing costs (including loan costs): Prepaid Homeowners'Association Dues Total $ Less Deposit Less Estimated Loan Proceeds $ Estimated Cash Balance Needed to Close $ B. Estimated Monthly Payments: Principal and Interest*: $ -•4j Tax and Insurance Impounds: Homeowners' Association Dues: " > ir.'"a Total: $ r ' Based on Estimated Loan of % of Purchase Price at % interest for years. The'-precise loan terms may vary depending upon market conditions. These terms are subject io agroe+"04 between Buyer and his lender. f ♦ II DOCUMENTATION Buyer acknowledges that he has received, as part of this Agreement,the following documents: 1. Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for l iation Owners2ssMaster Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and ov,tow* Ironwood Country Club. " 3. Real Estate Commissioner's Report. 4. 5. III TITLE ;= Buyer's title to the Property shall be insured by a CLTA Owner's Policy of Title Insurance issuod nl E;i, t►` R escrow by Security Title Insurance Company, subject to (i) non-delinquent taxes and assessments; (ll� old j - a Conditions and Restrictions, Easements and Rights of Way of record; (iii) a deed of trust to secure Utf;ly.1 "`_ any; and (iv) other L ; ,4, Title to vest in: r i t IV COSTS AND PRORATIONS A. Buyer shall pay his loan costs, the cost of recording his deed and one half of the escrow fee. Seller shall pay the cost of title insurance, documentary transfer tax and one half of the escrow fee. Any other costs shall be allocated in the normal manner. B. Real property taxes, assessments and home owners' association dues shall be prorated to the close of the escrow. V ESCROW Escrow shall be opened with Security Title Insurance Company or such other escrow company as may be mutually acceptable to Buyer and Seller within five days after acceptance of this offer by Seller. Buyer shall deposit the funds and all documents required to complete'this purchase within five days after demand for deposit of such funds and documents, such demand to include a notice of the scheduled closing date. Concurrently therewith Buyer shall advise the escrow holder in writing of the manner in which title shall be taken. Buyer shall be entitled to possession of the Property upon close of escrow. "Close of escrow" shall mean.the date that a deed to Buyer is filed for record in the Official Records of Riverside County.. VI MISCELLANEOUS A. If Buyer fails to complete said purchase as herein provided by reason of any default by Buyer, if within 30 days from the date hereof Buyer fails to provide satisfactory evidence of financeability or if Buyer fails to deposit funds and documents within five days after demand thereof as provided in the preceding paragraph, Seller shall be relieved from its obligation to sell the Property to Buyer. In the event, Buyer and Seller agree that it would be impractical or extremely difficult to fix actual damages in case of Buyer's default, that the amount of the deposit made upon execution of this Agreement is a reasonable estimate of the damages, and that Seller shall retain the deposit as its sole right to damages. If, within 30 days from the date hereof, Buyer notifies Seller that it has been unable to qualify for a loan to purchase the Property, then in such case Seller shall return fo Buyer the deposit set forth on the first page of this Agreement less escrow termination charges and credit report charges. B. If, through no fault of Buyer, escrow does not close within 180 days from the date hereof, escrow will be canceled without liability to either party and all monies in escrow will be returned to Buyer, except Buyer's escrow charges. C. Time is of the essence of this Agreement. D. Buyer.-acknowledges that no representations have been made to Buyer or Seller or any of its agents as to any present or prospective investment aspects or qualities of the Property. E. This document, together with any exhibits attached hereto or other matters incorporated by reference herein, contains the entire agreement between Buyer and Seller with relation to the.matters contained herein. No statements promises or inducements, made by any party hereto or any agent of either party which is not contained in this document shall be valid or binding. This Agreement cannot be modified or amended in any way except by a written document signed by both parties. F. All notices to Buyer may be served in person or by regular, certified or registered mail to the address of Buyer set forth herein. Any notice sent by mail shall be deemed received two business days after deposit into the mail VII ACCEPTANCE BY SELLER Seller is allowed 10 days to accept this offer. Upon acceptance by Seller, this Agreement shall constitute a contract for the sale of the Property upon the terms herein set forth. If this offer is not accepted, the deposit made hereunder shall be refunded. Buyer The undersigned hereby accepts the foregoing offer. SILVER SPUR ASSOCIATES 4 DATED: By Seller Seller's Agent AND WHIN RECORDED MAIL THIS DEED ANU. JNLESS OTHER. WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAME John Buyer_ and Mary Buyer ADDRESS CITY a SAMPLE DEED STATE 2re Tract No: 5565-2 Title.0rder No: Escrow \o. SPACE ABOVE THIS LINE FOR RECORDER'S USE. GRANT DEED The, unrlerzirnerl (leclareS that the dor•umrnlary Iransftsr lax is $.................................................................................. and is [51 rontlullcr.l nit the full cahle of the inlereSt or property conveved. or is ronynlled On the full v:due Ics:, Ihe value of liens or encumhraiwvs rentaining Ihcreon at the tilne•'rtT sale. The. land. Icnement< or really is lrrralCtl ill uninrarporalcd area [51 rite oL....... a.1m...Desert................................................................ 1`01i A VA1,17AW,l: Cod\S1D1•:IIA'1'10.N, receipt of which is herehy acknowledged, SILVER SPUR ASSOCIATES, a general partnership, hereby GRANT(S) to JOHN BUYER and MARY BUYER, husband and. wife, as joint tenant$ , tile. following described real property in the City .Of Palm Desert, r:olnity of Riverside state of California: Lot of Tract No. 5565-2, as shown by map recorded in Book , pages _ of Maps, Riverside .County Records. This land is conveyed subject to all the terms and conditions of that certain Declaration of Covenants , Conditions and Restrictions (Ironwood Owners Association VIII) recorded as Instrument No. , Riverside County Records, all of which are incorporated herein by reference with the same effect as though fully set forth , herein. SILVER SPUR ASSOC 4 E •� a general•' Dated--- --------- ----- - - --- - ------- par16nexship BY: Ironwood pip ration a ('alifornia orpora_-0 .Ge eral_artner OF CM.H.'(11PNIA STATE OF CAIA FORNIA COliNT), OF_ c01'. ._. ....._ .._......—.._.._ .. hr•lorr me.% tile. undrrSiFned. SAFECO w a Velar}' I'nhlir in and for Said (:onnl}' antl Slate, personalk app :r rt'ed .. .. __ -. ._ ... ._ _ I:nnw'n to I to n d FQR,p(•IOTARY SEAL OR STAMP hr� Ihr• I'rr.idr�nl, au�l .... . . . . .._. . .. ., knnw'n � • In m., be. 1w Ihr. . .._.__ tire.n•larp nI. ... . .... ._..__ 0 _...___.__.. :.._.__--_. the.. corporation that 5 r ,•,'ul.•d Ihr t.'illrin inSlruttu•ill and known tlr mp to he the.. perSm" ntxho r•crrinr•�I tln• tcilhin instnun eel on hr•hall of said rerporat"In. - �aiil �orl+nt aiinn hrin� t:nown In me.. to he one of the partners of 0 the Upartm—hip that rxl•.utrd the within inch•umcnt, and arknnwlydl:r:J In me. 1ha1 such rnrl ratiolr csrrulyd the.. Same as Such partner t¢ arol Ilral 'urh party-4ip rxcrutcd the saute. f � o l N - N « '�``�ft{y-�:x..;:"""' "i`4 '.s« I "rs r v v K :Ir... ''�� ej. �tt zz• v, "tit i+•'+enr...s-+1�Ww�r��',��r-R±�l -� $�'•�.� i �Tia:': � � �t`��' '� � ..r�•.� +r+µ•rA �x{r H.. �'•��� r)11``N'.I'�• i - t..s.• /� 'l•.M +4 � �1. ..'i'rk1:P. qv s .. ...'�.fJ'...,r.. ... ..ro. a r - s r - Submitted for Record By and Return to F- BANKOFAMERICA -� NATIONAL TRUST AND SAVINGS ASSOCIATION Office - SAMPLE Address City Stele zip L_ J - Tract No. 5565-2 SPACE ABOVE THIS LINE FOR RECORDER'S USE This Deed of Trust, made this day of 19 BETWEEN r John Buyer and Mary Buyer, husband and wife, as TRUSTOR ("Trustor' to be interpreted as "Trustors" where context requires), CONTINENTAL AUXILIARY COMPANY, a California corp- oration, as TRUSTEE, and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association, as BENEFICIARY, WITNFSSETH: That Trustor IRRFVOCABLY GRANTS, TRANSFERS and ASSIGNS to TRUSTEE, IN TRUST, WITH POWER OF SALE, the following described property situate in the City Of Palm Desert Cmmty of Riverside State of California, to-wit: Lot of Tract No. •5565-2, as per map recorded in Book . ' , pages inclusive of Maps, Riverside County Records. t t 1 including all apporicuances and casements used in connection therewith, all wafer and water rights (whether riparian. appropriative, or otherwise, and whether or not appurtenant) used in Connection therewith, all shaves of dock evidencing the s:nne,primping stations, engines, machinery. pipes,and ditches, including also all gas, electric, cooking;, heating, cooliog, air condilinning, refrigeration :urd plumbing fixtures. :urd egnilvnent which have been or may hereafter he attached in any i n inter to any building now or hereafter on the said properly, onto the said property, and also the rents, issues and profits thereof, SUBJECT, HOWEVER. to the right, (rower and authority hercina.fter given to and conferrer) upon the Beneficiary to collect and apply such rents,issues and profits. FOR THE PURPOSE OF SECURING: (1) Payment of the sum of $ with interest therms according to the terms of a promissory note or notes dated made by Trustor, parahle to the order of the:, Reneficiarv. and extensions or renew,c)s thereof; (2) payment of anv anti all ohligatio'.. and liabilities, %halsoever, whether primary, cer- rnvdary, direct, indirect, fixed or contingent, %which are now clue no-'may hereafter hcronec due• front Tructnr (or any of Ihceli Or any successor in interest to Trusser or any of thorn) whether created directly or acquirer) try assignment if the document evirlenring any such Other obligation Or liability or any other writing signed by Truslor (or Rn)- of them or ;uev successor in intrust to l rrsior or anc Of thcne) specificilh• provides that said obligation is sccurcd by this deed of trust; (3) performance of each agreement of 'I rustor herein contained; and (4) payment of all scans to be made by Trustor pursuant to the terms hereof. TO PRo'TECT TV[[:. PROPERTY AND SECURITY GRAN'rl?t) itY "1'fIIS DEED OF TRUST, TRUSTOI: AGRF,ES: (a) Properly to care for and keep said property -,in(] buildings and improveniews situate (hereon in good condition and repair; to under- pin and support, when necessary, any building or other improvement situate thereon, and otherwise to protect and preserve same; not to remove or demolish any building or improvement situate thereon; to complete or restore promplh•, and in good and %workmanlike manner, any building or improvement which may be constructed, (Imnagel or destroyer) thereon, and pay in full all costs incurred therefor; not to commit Or permit waste of the property; to control), with all laws, covenants• conditions or restrictions affecting lire prnlrerly; in the case o( a leasehold estate, to observe and perform all Obligations of Trrsfor under anv lease or leases and to lake ally arlinn reluircd and to refrain from taking any artion prohibited, is necessary, to preserve and protect the leasehold estate and the value thereof; to proeide• and maintain fire (and if required by Beneficiary, earthquake, mortgage guaranfy and office) insurance satisfactory In and wish Ins; pa)alde solely to Beneficiary, and to deliver all policies to Beneficiary, which delivery shall constitute assignment to Flenefeciary of all reltern pre- miums; to appear in and defend, without cost to Beneficiary or Trustee, any action or proceeding purporting to affect the security hereunder, or the rights or powers of Beneficiary or Trustee, and, when required by Trustee or Beneficiary', to commence and maintain any action Or proceeding necessary to protect such security sled such rights or powers; and should Trustee Or Reneficiary elect to appear in, defend, or eomneenre and maintain any such action or proceeding, (including any proceedings under any law relating to insolvency or hankruplc)) to flay all their costs and expenses, including attorney fees: lo,pay before dclinquenc), all taxes, assessments and charges affecting the prop- erty, including assessments on appurtenant water stock; to pay when clue all cocnnnllr:n ces, chargt•S ;teed Items affecting or purporting to affect title to said property; to pay all costs, fees and exjenses of this (rust; if said property be agricultural, to farm sail land in an Approved and husbanrllike manner, and to keep all trees, vines and crops on said land properly cfftiyaled, irrigated, frrlilizol, spra)cd and (unligated; to replace all dead or unproductive vines or trees with new ones; and to keep all buildings, ferries, drithes, canals, wells and other farming improvemcots on said premises in first class condition, order and repair. At the rerpeesl of lienefrciary,_Tresfor will nrnnlhhy Illy to Ienefciary an amount equal to one-Iw'elfth (1/12th) of the annual cost of taxes and assessments ore file (rropert} ir,gclher with an amount equal to file estimated next fire or fire and earthquake and Other required insurance premiums divided by the tire' her of months between the dale of Computation and tine date Of payment of the said insurance premium; said accumulated funds will be relcacrd to Trustor for payment of taxes, assessments and insurance premiums, or may he so directly applied by Beneficiary, if Reoeftciary so elects (h) Should Truslor fail to make any payment or do at))- art*as herein provide. then Beneficiary or Trustee (hill without obligmimi sn to der, and without notice to or demand upon Trustor, and without releasing Trustor frran any ohligatinn hereun(fer) may make or '10 the same, and may pay, purchase, contest or compromise any encumbrance, rharge or lien, which in the judgment of either appears to aflerl ..1 proper,)•; elect in exercising any such powers. incur any liability and expend vhalc,cr arnounls in its absolute discrrtinn it mac dren nerr-ary therefor. All sunns so incurred or expended by Beneficiary or Trustee shall be seriired hereby and. without demand, shall he ininec- dialCly clue and payable,by Trustor and shall bear interest at file rate of feet percent per :union; provided, ho%%cycr, that at file reptiort of Rcurfrciary or Trustee such sums mat• be added to the principal balance Of anv indebtedness secured hereby and shall hear the same inter- est as such indebtedness and be payable ratably over the remaining term thereof. 1T IS MUTUALLY AGREED THAT: I. Should the prnperty or any part thereof be taken or damaged S. if def:till he nrtde in the paynnnt'iyhen (file Of any part or by reason of any public improvement or condemnation proceeding, inslalincrd of principal or interest of the hole or notes si Kcifirally or darnaged by fire err earthquake or in any other manner, Bciec- referred it, abuse or in the pa�rnctu of an) Other indchtedncss sc- feciary strait be entitled, at its option, to commence, appear in and. cured hereby or in the ecciet Trustor Or an)•successor in interest prosecute in its own nave, all)- action or proceeding, or to make to Tructnr in the properly sells, conveys, aliena.rs,assigns or bans- . an)' compromise Or settlement, in connection with such taking or fees said properly, or any part thereof, or any interest therein. Or- rlanrage, and to otriain all compensation, awards or other relief (trills or extracts or enters into any lease for the drilling or ex- therefor. All-such coompensatinn, awards, dantage•s, rights of action traction of (-it, gas, or Other hydrocarbon substances or am• mineral and proceeds,-including the proceeds of atw policies of insurance of any kind or character therefrom or from anc pare therm(, or affecting said property, are hereby assigned to Beneficiary, who may becomes divested of his title Or any interest therein in anc manner refry:e any money so received by it, or apply the sanic on any in- or way, wchether yolunlary or involuntary, or upon default by (Weirdness secured hereby. In the event that anyone shall establish Trustor in the performance of:any agreenecnt hereunder, or in the and exercise any right to develop, bore for or mine for any water, event and at any time after anyone establishes and exercises any gas, oil or mineral on or under the surface of file prnl erty, any right to develop, bore for or seine for tun• water, gas• nil or mineral still's that may thereafter become due and pa)•ahle to the `I•rustor on or under the surf:ere of the property, llcneficiary shall have the as bonus or royally shall he considered rent hereunder, and such right, at its option, to declare s;iirl note or inle•s and any other suns, together with damages and Other compensation payable ter indcbecdness or obligation secured herchy, irrespe•c'tive of file neafur- the Trustor be reason of the exercise of such rights are' hereh) itv date sterifeerl in any note or written agreement eyideniing the made snbjert In this deed of mist and shall he applied in accordance same, immediately due and payable without notice, or deutand, with the provisions hereof. Trustor agrees to execute such further• and no iaieer, of this right shall be effective unless in writing assignments of any compensation, award, damages and rights of and signed by Beneficiary. Refiner and proccerls, as Beneficiary or Trustee may require. The Trusice or Procfrciary may enter report the properly at :rely time 6. ciio wee O( a right granted in Beneficiary hereunder waiver to One during flee existence nt this trust for the purpose re inspection, or tranwctinn or occurrence shall not he deemed to he a waiver of the for the accomplishment of any of the puryNeses hereof. right as to am subsequent transaction err occurrence. Reneficiary may rescind-;illy notice before Truslee's sale by executing a uolice By accepting payment of any stun hereby sccurcd after its of resciscinel and recording file swine. The recordation of site], notice (file dale, or after file filing of notice of default and of election to shall conUiwic :itso a cancellation of anv prior declaration of fie- sell. Beneficiary shall not waive its right to require prompt payment fault and demand for sale, and of any acceleration of nial unity of when due of all other sunis so sccurcd, or to declare (default for indebtedness afTerlcd by any prior declaration err nofirc of defaleit. failure so to pay, or to proceed with file sale under any such notice The exercise by 1?ene6ciary of the right of rescission shall not of default and of Cteciirmr fo sell, for anc unpaid balance of said constitute a waiter of any def ith then exis.ling Or s:;ece lucntly indebtedness. If Beneficiary holds any aildiliceeal security for any oicurriug, nor impair file right of the lienefrciary In execute Other obligation secured hereby, it relay enforce the sale thereof at its rlcclar: u, of default and demand for sale, or notice; of dc•f;cult Option, either before, contemporaneously with, Or after the sale is and Of election to cause the property to he sold, nor otherwise made hereunder. Rod or, any default of Trustor. Beneficiary may affect file note err deed of trust, or an of the rights, obligations at its Option,offset against any indebtelness owing by it to Trustor, or remedies of the Beneficiary or Trust-cc hereunder. the whole or any part of the indebtedness secured hereby. 7. At least three months haying elapsed between the recordation 3. Without affecting the liability of any person, including of file notice of default and the date of sale, Trusice, haying first Trustor, for file payment of any indebtedness securer) herchy, or given notice of sale as then required by law, and w'ilhout demand oil the lien of this Aced of trust ern the remainder of the properly for Trustor, shall sell the property at the time and place of sale fixed the full amount Of any indehicdeless tutpaid, Beneficiary and Tnusfee b) it in the notice of sale, either as a whole or in separate parcel;, arc respectively empowered as follows: Reneficiary may from time ;tell in such order as the Trustee may determine, at public auction to to time Red wilhoot notice (a) release any person liable for the pay- the highest bidder for cash, in lawwful money of the United States meat cif any of the iudcbledness, (h) extend file time or otherwise (if America, pa)'tehic it the tinne of sale. Trustee f nac lrrsti.me sale after the terms of paymetel of anv of the inrlchteedness, (e) accept of all or :my Irortion of the prolec•rfy by public :mnotuncement of the ardditiereal security therefor of anv kind, including dreds of trust tines of safe. and from finee to lime Ihereafter may Iwrs'I 'C the or mortgages, (d) alter, suhslittdC or release any property securing sale by public announcemnet at the time fixed by fire previous J• sf- the indebtedness; Trusice may, at any time, and front time to time, poncolenf, and wiwnn further notice it may stake such sale nt file ups❑ the written request of Beneficiary (a) consent to the making time in which thes:une shall be co posllirneal. Trustee shall deliver Of any neap or pLd of the property, (h) join io gratifing any case- to the purchaser its (Iced conveying the properly so sold. I'ut w'ith- mcrt or creating any.resfrirtion thereon, (c) join in any snhorlitra_ out any covenant or warranty, expressed or implied. "fhc recital tinti or ether agreement afTecting this (feel of trust err the lien or in any steel] deed of ru)• matters or (acts, staled either specifi- all or any part c:dly or in general terms, or as conclusions of Lac or fact, shall chargc thereof. (d) rceonvey, without any warranty, of the property. be conclusive prat( of the truthfulness thereof. Any person, inclwl- ing Trustor, Trustee or Betefrriary, may purchase it the sate. After (Worting all costs, fees and expenses of Trustee and of this 4. Upon payment in full of all sums secured hereby, and per- Irust, including costs of evidence Of title in connection will the calr, fornanre of all obligations of the Trustor hereunder, the Trustee the Truster shall apply the proceeds of the sale to the payrnent of shall reconvcy, without warranty, file estate vested in it hereby. The all stuns then securer) hereby, in such order and manner ;is nca be grantee ire arty reconveyarice made pursuant to this deed of trust required by file Reneficiarv; Ibe remainder, if any, to be paid to nnay be described as "the prm.n or persons legally entitled thereto," fhc person or person; Irgaliy entitled therein. if Ftencficiary shall and flee recitals therein of a rev matters or facts shall be conclusive elect to bring suit Io foreclose this deed of trust in the manner and proof of the truthfulness thereof. subject to the provisimis, rights and remedies relating to the fore- . • .. - ;T'j-.' closure of a mortgage, Beneficiary shall he entitled to a reasonable 9. Any "1'rnstor1who is a married person hereby expressly 5un1 to be fixed bythecourt as attorneys fees expendedin thepros- agrees that recourse may be had against his or her ceparale ecution of said action. property for any deficiency after the sale of the property here- . under. K Trustor hereby Rives to and confers ufxwn Beneficiary the right, power and authority during the continuance of These trusts 10. The pleading of any statute of limitations as a defcnse to any to collect the rents, issues and profits of said property and of any and all obligations secured by this deed of trust is hereby waited personal property located thereon with or without taking possession to the full extent permissible by law. of the 'property affected hereby, and hereby absnlulely and un- conditionally assigns all such rents, issues and profits to Bene- H. Trustor further agrees that Beneficiar ma from time to ficiary; provided, however, that Beneficiary hereby consents to the g )' >' collection and retention of such rents, issues and profits as they hole and for periods not exceeding one year, in behalf of the accrue and become payable only if Trustor is tint, at such times, in Trustor, renew or extend any promissory note secured herehy, and default with respect to payment of any indebtedness secured hereby said renewal or extension skull be conclusively deemed to have been or in the performance of any agreement hereunder. Upon any such t lade when endorsed on said promissory note or notes by tie Ilene- default. Beneficiary may at any time,without notice,either in person, ficiary in behalf of the Trustor. by agent, or by a receiver to be appointed be a court, and without regard to the adequacy of any security for the indebtedness hereby 12. Beneficiary may, from time' to time, su115litute another secured, enter ulron and take possession of said properly or any' Trustee in the place of the Trustee herein named, to execute this earl thereof, and in its own name sue for or otherwise collect such trust. Ulxnl such appxlinhnent, and withqut conveyance to the nic- rents. Issues and profits, including those past due and unpaid. and censor trustee, the faller shall be vested with all the title, pnw"ers apply the same, less costs and expenses of operation and collection, and duties conferred upon the Trustee herein named. h:ach such including reasonable attorney fees, upon any indebtedness scoured appointment and subslitution shall he made by written instrument hereby, and in such order as Beneficiary may determine; also per- executed by the Beneficiary, containing reference to this deed of form such act. repair, adtivatinn; irrigation or protection, as trust sufficient to identify it, which, when recorded in the oflicr of may be necessary or proper to conserve the value of the property; the Comity Recorder of llte county or counties in which file prop- also lease the same or any part thereof for such rental, term, and erty is situated, shall be conclusive proof of the proper apivtinl- upxn such conditions as its judgment may dictate; also prepare for ment of the successor trustee. harvest, harvest, remove, and sell any crops that may be growing upon the premises, and apply the proceeds thereof upon the indebted- ness secured herebv. The entering upon and taking possession of 13. This deed of trust shall inure to and hind the heirs, devisees, said property,the collection of such rents, issues and profits,and the legal representatives, successors and assigns of life parties hereto. applirition thereof as aforesaid, shall tint waive or cure any default All obligations of each Trustor hereunder are joint and several. The or notice of default hereunder, or invalidate any act clone pursuant rights or renolies granted hereunder, or by law, shall not be ex- to such notice. Trustor also assigns to Trustee, as further security elusive, but shall he concurrent and curnulative. for the performance of the nbligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be lie- Posited For any statenlcnt regarding the nhli atinns 5ecnrcd herebv,posited with said Truster by any dcssee of the premises herein de- g' g scribed, In secure the payment of any rent, and uiwnl default in the Beneficiary may charge the maximum amount permitted by law at performance of any of the provisions hereof, Trustor agrees to lite time of the request therefor. deliver such rents and deposits to the.Trustee. If a mailing address is set fnrlh opposite any Tnistor's signature hereto, and not otherwise, the undersigned Trustor shall he deemed to have requested that a copy of any notice of default, and of any notice of safe hereunder, he mailed to said Trustor at said address. MAILING ADDRFSS FOR NOTICES Street City and State Signature of Trustor s,rATE OF CALIFORNIA County of - On this day of 19_ before me a Notary Public in and for said County, personally appeared known to rile to be the person—whose name subscribed to the within instrument and ackno.rl- edged that_hc executed the same. wl'rNf:SS my hand and ollicial seal. N(Ary Public in and for said County and State My Commission expires 19_ . r ra",, REAL ESTATE NOTE: COMBINED PRINCIPAL AND INTEREST IN INSTALMENTS .'CHECK APPROPRIATE BLOCK' 0INDIVIDLIAL CORPORATION E]PARTNE RSHIP 0ASSOCIATION No. $ California. - tq For value received, the undersigned promises to pay in lawful money of the United States of America,to the order BANKOFAMERICA Of the NATIONAL TRUST AND SAVINGS ASSOCIATION at its Off"', in this city the principal sum of DOLLARS. With interest in like lawful money from at the rate of per cent per annum on the decreasing balance of said principal sum until paid:and to pay said principal sum and interest in instalments as follows: f r . DOLLARS (S 1 on and 1 )successive in;t alnienls of OLLA S ($ 1 on thereafter until on which date the entire balance of principal and interest\p.id shall b \\doe and payable,ant{it �s agrned that each inctal mr�n t,when paid, shalt he appl,etl by the holder hereof. first, so much thereof as shall be reqto th aYmenl of intern acrrued asAbove specified,and next, the balance 01-eof ro the repayment of the principal Sum.This note is secured by a deed of tru which,i , pro des as lotto ws: 11 !•fault be M de in the payment wl+ep due of any p,Irt cr ,rslalm^nt of principal or interest of the nor,or notes spe.61ical ly referred to�V`br ve o in the paym.nt of any other indebiednes'c secured hereby or In the esm+t Truslor or any successor in it, rest to Tf Ustof in the property sells,corw.0 lie,ales, assigns r lransTe rS�Fairl property, or any part lj�ereof, or any iwer+•<r tr•rrcin, or drills or extra,[Is or enters into any lease for the,drillingor extractlp I 1 oil, as,or Cher h dr carbon substances or an minr 9 Y 9 y rat of any kind or rharx ter tit^refrom or t,prrr any part thereof,Or.b.e roes divesled OI Trust Ores tit Or any inlet Zit th,re�7,,ar,y manner Or yr•lV. -hethel vOlu nl.lry Or rrt/O'urr,rr upon default by T nrstor in the perform ce of any ay reemnnt hereur I or in the Gent and ' any fim9 after anyone establishes ar:J•e•erc�srs any r•yl,r to de vetpp. bgra_ to, or mine for any water,yns,oil or mineral O r n dr 1 e 5u rf ace f fhe prn{,Ae rty, Beneficiary shall have U,ri rrgh 1, at its option, 1,, dee')are said hole or notes and any other indebtedness or of', s.cu• d herel, -irrespe live of th; •naturity dare specified in any note or written agre•tmenr eve. denting the'same,'unmedielely due and payable+vithout notice or der and, an no s aiver,/of.,h.is,right shall be offective unless in writing and S oned by Bene Nnlwithstantliny any other provision of this no e. if rsl;rult bemade the P when due of any part or instalment of principal and inrerest, the undersigned agrees to pay a Uelinquen y�charge for each in al meat in default - days in an amount estual to of each such instalment. -- I he undersi0 ned may prcpa this note in I or in ar ,Part at,nv lima. II m any twelve(12) ntonUt peliorl dunnn fhe lust five(S) years born the, dale hereof Ilta on Ucrs,gned shall fire. ay i I excess of a amnunt equal to 20% of1/the face amount of Ihis note, Ih r: under Luned Promise, In I"y file h Older of [his pole a per pa Ylnent fir rminm I I an�a moon rtPlal six (6) month 'adva n4e interest on lhC amnunt UIpnntipal prrpairl m cxtccc of an amnunt fUual to 20^.:, of the fate amount of this not A�,Iter said Ilv^ (5 year Pell brePay l{{,evils pray be mado without Uaymcnl of p+enu.0 m.Each lu^I+.+v rn,•nt shall be applied to the most remote p l ( - - pp principal in ah\enl s) of his"note. . The undersigned, if more than one,st be joint V d severally I able hereunder.. I In Ihq event of commencement of suit foe orce paymei t of f is note, the undersigned agrees to pay such additional sum as attorneys fees as the court may adjudge reasonable. I I IN WITNESS WHEREOF, the undersigned has caused this note . l0 be executed by its off icerS thereunto duly authorized and BORROWER SIGN HE RE directed by a resolution of its Board of Directors duly passed and ridupted by a majorlly of said Board at a meeting thereof duly called, noticed, and held. 80RROWE R SIGN HE RE - BORROWER S-GN HE PE I a Corporation Telephone No. BORROWER By President Mail Address: c .. n n By Secretary _ o r• NO. NAME RATE— '.a MATURITY INTERESTPAID [DAIE PAID PRINCIPAL HALAr,cCF UP AMOUNT PAID TO PAID PRIr!CIPA I. 7 O : U t d V t a`i L L K C. eC•� C d - L QQ] � •• y n �i G - JIfII - `u n E ,m O d d 6 n -- d > o � � EE � O i d n n ° p = N L ` =—' E E a o = 9 — d n n d V " O L L O = --- t N rr n `• E! > I �— O : Obi �I •. �t d n � m � T) `d r '•• L no — C .d. C a�.._.n �• n — C ] H . E• y u L p � NLp.. _ n > — ,C 4 .` d d _> y a d O n d n V y7y — d O N G > .., ' d E Dzu- — v ] Zo Fu � ] a 9 >. r>nJ O W _y n L_ V ] n a n '— V J = _ ; n w _ a p a O ] D C tr 0 E u 1 -- g E AI-- _ — ? st L b g L 3 F o —1-- — IRONWOOD COUNTR"i CLUB Deposit Receipt and Agreement of Sale Palm Desert, California 19 RECEIVED FROM (full legal name) ("Buyer"), (address) the sum of $ as a deposit on the purchase of Lot of Tract _ as shown on that certain Subdivision Map filed for record in the Office of the County Recorder of Riverside.County, California in Book of Maps, at Pages through , together with the residential unit (Plan ) to be constructed thereon. Buyer hereby offers to purchase said Lot and residential unit (the "Property") on the terms and conditions herein set forth. I PRICE AND TERMS A. Purchase Price $ Estimated closing costs (including loan costs): Prepaid Homeowners' Association Dues Total $ Less Deposit $ Less Estimated Loan-Proceeds $ Estimated Cash Balance Needed to Close $ B. Estimated Monthly Payments: Principal and Interest*: $ Tax and Insurance Impounds: Homeowners' Association Dues: Total: $ * Based on Estimated Loan of % of Purchase Price at % interest for years. . The precise loan terms may vary depending upon market conditions. These terms are subject to agreement between Buyer and his lender. II DOCUMENTATION Buyer acknowledges that he has received, as part of this Agreement, the following documents: 1. Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for.Ironwood Owners Association 2. Master Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for Ironwood Country Club. 3. Real Estate Commissioner's Report. 4.5. v III TITLE Buyer's title to the Property shall be insured by a CLTA Owner's Policy of Title Insurance issued at the close of escrow by Security Title Insurance Company, subject to (i) non-delinquent taxes and assessments; (ii) Covenants, Conditions and Restrictions, Easements and Rights of Way of record; (iii) a deed of trust to secure Buyer's loan, if any; and (iv) other Title to vest in: IV COSTS AND.PRORATIONS A. Buyer shall pay his loan costs, the cost of recording his deed and one half of the escrow fee. Seller shall pay the cost of title insurance, documentary transfer tax and one half of the escrow fee. Any other costs shall be allocated in the normal manner. B. Real property taxes, assessments and home owners' association dues shall be prorated to the close of the escrow. V ESCROW Escrow shall be opened with Security Title Insurance Company or such other escrow company as may be mutually acceptable to Buyer and Seller within five days after acceptance of this offer by Seller. Buyer shall deposit the funds and all documents required to complete this purchase within five days after demand for deposit of such funds and documents, such demand to include a notice of the scheduled closing date. Concurrently therewith Buyer shall advise the escrow holder in writing of the manner in which title shall be taken. Buyer.shall be entitled to possession of the Property upon close.of escrow. "Close of escrow" shall mean the date that a deed to Buyer is filed for record in the Official Records of Riverside County. VI MISCELLANEOUS A. If Buyer fails to complete said purchase as herein provided by reason of any default by Buyer, if within 30 days from the date hereof Buyer fails to provide satisfactory evidence of financeability or if. Buyer fails to deposit funds and documents within five days after demand thereof as provided in the preceding paragraph, Seller shall be relieved from its obligation to sell the Property to Buyer. In the event, Buyer and Seller agree that it would be impractical or extremely difficult to fix actual damages in case of Buyer's default, that the amount of the deposit made upon execution of this Agreement is a reasonable estimate of the damages, and that Seller shall retain the deposit as its sole right to damages. If, within 30 days from the date hereof, Buyer notifies Seller that it has been unable to qualify for a loan to purchase the Property, then in such case Seller shall return .to Buyer the deposit set forth on the first page of this Agreement less escrow termination charges and credit report charges. B. If, through no fault of Buyer, escrow does not close within 180 days from the date hereof, escrow will be canceled without_ liability to either party and all monies in escrow will be returned to Buyer, except Buyer's escrow charges. C. Time is of the essence of.this Agreement. D. Buyer acknowledges that no representations have been made to Buyer or Seller or any of its agents as to any present..or prospective investment aspects or qualities of the Property. E. This document, together with any exhibits attached hereto or other matters incorporated by reference herein, contains the entire agreement between Buyer and Seller with relation to the matters contained herein. No statements promises or inducements, made by any party hereto or any agent of either party which is not contained in this document shall be valid or binding. This Agreement cannot be modified or amended in any way except by a written document signed by both parties. F. All notices to Buyer may be served in person or by regular, certified or registered mail to the address of Buyer set forth herein. Any notice sent by mail shall be deemed received two business days after deposit into the mail. VII ACCEPTANCE BY SELLER Seller is allowed 10 days to accept this offer. Upon acceptance by Seller, this Agreement shall constitute a contract for the sale of the Property upon the terms herein set forth. If this offer is not accepted, the deposit made hereunder shall be refunded. ---- Buyer The undersigned hereby accepts the foregoing offer. SILVER SPUR ASSOCIATES DATED: By Seller Sellcr's Agent 1 ' • I v' S Recording requested by and when recorded mail to: Agnew, Miller & Carlson 700 South Flower Street Suite 1600 Los Angeles; California 90017 Attention: Jerold L. ,Miles, Esq. DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS (Single Unit Buildings) (Ironwood Owners Association VII) Lots 1 through 37, inclusive, and Lots and of Tract 5565-1, as shown by map on file in Ma-p Book Pages _ through _ inclusive, Riverside County Records IRONWOOD COUNTRY CLUB. . 1977 O TABLE OF CONTENTS P A G E RECITALS: ARTICLE I. DEFINITION OF TERMS 1.01 Articles of Incorporation 1 1.02 Association 2 1.03 Board - 2 1.04 By-Laws 2 1.05 Common Areas 2 1.06 Community Facilities . 2 1.07 Declarant 2 1.08 Declaration 2 1.09 Ironwood Country Club. 2 1.10 Manager 2 1.11 . Master Association 2 1.12 Mortgagee 2 1.13 Improvements 2 1.14 Owner 3 1.15 Residential Lot 3 ARTICLE II. THE ASSOCIATION 2.01 Membership 3 v a PAGE 2.02- Voting Rights 3 2.03 Meetings of the Association 3 2.04 Authority and Duties of the Board 3 2.05 The Master Association 5 ARTICLE III. COMMON AREAS AND COMMUNITY FACILITIES 3.01 Ownership of Common Areas 5 3.02 Use of Community Facilities 5 3.03 Walkways 6 . 3.04 Maintenance 6 3.05 Cost of Maintenance 6 3.06 Easements 6 .3.07 External Common Areas 6 3.08 Continued Ownership of Common Areas and Community Facilities 7 ARTICLE IV. MAINTENANCE 4.01 Association Responsibility 7 4.02 Owner Responsibility 7 4.03 Right of Entry 7 ARTICLE V. INSURANCE 5.01 Fire and Casualty Insurance 8 a 5.02 Liability Insurance 8 ii .. PAGE ARTICLE VI. ASSESSMENTS 6.01 Monthly Maintenance Assessments 8 6.02 Special Assessments 9 6.03 Accounting 9 6.04 Creation of Lien 10 6.05 Enforcement of Lien 10 6.06 Waiver of Homestead Exemption 10 6.07 Sale of Residential Lot 10 6.08 Payment by Declarant Tl ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE 7.01 Appointment of Architectural Control Committee ll' 7.02 Duties of Architectural Control Committee 11 7.03 Submission of Plans 11 7.04 Approval of Plans 12 7.05 Standards for Disapproval . 12 7.06 Defects in Plans 12 7.07 Rules of Procedure 12 7.08 Filing Fees 12 q .' PAGE ARTICLE VIII. RESTRICTIONS ON USE AND OCCUPANCY 8.01 Single Family Use 12 8.02 Violation of Insurance Standards 13 8.03 Pets 13 8.04 Nuisance 13 8.05 Signs - 13 8.06 Rubbish 13 8.07 Laundry 13 8.08 Antennae 13 8.09 Racial Restrictions 13 8.10 Storage 14 8.11 Fires 14 8.12 Noises 14- 8.13 Lighting_ 14 8.14 Vehicles 14 ARTICLE IX. DAMAGE OR DESTRUCTION 9.01 Destruction of Residential Lot Improvements 14 9.02 Community Facilities 15 9.03 Special Assessments 15 9.04 Failure to Rebuild 15 9.05 Approval of Architectural Control Committee 15 PACE ARTICLE X. ANNEXATION OF ADDITIONAL PROPERTY 10.01 Right of Annexation 15 10.02 Conditions to Annexation 16 10.03 Effect of Annexation 16 ARTICLE XI. - EONDEMNATION 11.01 16 ARTICLE XII. PROTECTION OF_LENDERS 12.01 Mortgage Protection Clause 17 12.02 Amendments 17- - 12.03 Meetings 17 ARTICLE XIII. TERM - AMENDMENTS 13.01 Term 17 13.02 Amendments 18 ARTICLE,XIV. MISCELLANEOUS 14.01 Notices 19 14.02 Interpretive Provisions 19 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS. FOR LOTS 1 THROUGH 37, INCLUSIVE, AND LOTS A-A AND B-B OF TRACT 5565-1 THIS DECLARATION is made as of the day of , 1977 by SILVER SPUR ASSOCIATES ("Declarant"), a general partnership composed of IRONWOOD CORPORATION, a California corporation, and CAIRNTRUST COM- PANY, a Delaware corporation. RECITALS A. Declarant is the owner of certain real property (the "Real Property") - located in the City of Palm Desert, County of Riverside, State of California, de- scribed as follows: Lots 1 through. 37, inclusive and Lots A-A and B-B of Tract 5565-1, as shown by map on file in Map Book _; Pages _ through _ inclusive, Riverside County Records. B. It. is the desire and' intention of Declarant to sell and convey the Real Property and to impose on it mutual, beneficial restrictions under a•general plan of improvement for the benefit of the Real Property, the improvements and struc- tures thereon, and future owners thereof. NOW, THEREFORE, Declarant hereby declares -that all of the Real Property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the covenants, conditions and restrictions set forth in this Declaration, all of which are declared and agreed to be in furtherance of a plan for the development, improvement and sale of the Real Property and of enhancing and perfecting the value, desirability and attractiveness of the Real Property and every part thereof. All of the covenants, conditions and restrictions set forth in this Declaration shall run with the Real Property and each part thereof and shall be binding on all parties having or acquiring any right, title or interest in the Real Property, or any part thereof, and shall be for the benefit of each Owner of any portion of the Real Property, or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of the Owners thereof. ARTICLE 1. DEFINITION OF TERINIS 1.01 Articles of Incorporation. Articles of Incorporation of IRONWOOD OWNERS ASSOCIATION VII, a non-profit California corporation, as the same may be amended from time to time. 0 .a. } 1.02 Association. IRONWOOD OWNERS ASSOCIATION VII, a non-profit California corporation, the members of which shall be all of the several Owners of the Real Property. 1.03 Board. The duly elected Board of Directors of the Association. 1.04 By-Laws. The duly adopted By-Laws of the Association, as the same may be amended from time to time. 1.05 Common Areas. Lots A-A and B-B of Tract 5565-1 together with any additional common area lots hereafter annexed to the Real Property pursuant to Article X hereof. 1.06 Community Facilities. All facilities placed or erected on the Common Areas, including driveways, walkways, parking areas, storage and equipment areas or enclosures, community swimming pools, open spaces, planted and landscaped .,areas, landscape lighting, sprinkling systems and recreation areas, to which all Owners shall have access. 1.07 Declarant. Silver Spur Associates, its successors and assigns. 1.08 Declaration. This Declaration, as amended, changed or modified from time to time. 1.09 Ironwood Country Club. Areas D, E, H, J, K, L, P and O of that certain real property and the Improvements now or hereafter constructed. thereon together with certain other property adjacent thereto which has been leased from the Coachella Valley County Water District for golf course purposes, all of which property is located in the County of Riverside, State of California, which Declarant is _ developing as an integrated country club development. Said development and the hereinabove described ..areas are further described in Riverside County Conditional Use Case #1382 and Variance Case #1175, decided on May 2, 1972, which cases are referred to in Book 86, Page 160 of Supervisors' Minutes of the County of Riverside. A short form of the above referenced golf course lease was recorded on November 30, 1972 as Instrument #156001, Official Records of Riverside County.. 1.10 Manager. .The managing agent, if any, whether individual or corpo- rate, retained by Declarant, or by the Association and charged with the management, administration, maintenance and upkeep of the Real Property and the Improvements constructed thereon. 1.11 Master Association. Ironwood Master Maintenance Association, a non-profit California corporation, more fully described in Section 2.05 hereof. 1.12 Mortgagee. The beneficiary 'of a recorded deed of trust or the mort- gagee under a mortgage encumbering any part of the Real Property or the Improve- ments constructed thereon. 1.13 Improvements. All structures and construction of any kind, whether above or below the land surface, including but not limited to, buildincrs, outbuildings, utility lines, parking facilities and any other structures.ofzanv type or kind. 2 1.14 Owner. The record• fee owner, or owners, if more than one, of a Residential Lot, including Declarant, so long as any Residential Lots remain unsold. 1.15 Residential Lot. Any of Lots 1 through 37 of Tract 5565-1, together with any additional such lots hereafter annexed to the Real Property pursuant to Article X hereof. ARTICLE II. THE ASSOCIATION 2.01 Membership. Every Owner shall be a member of the Association. Status as an Owner is the sole qualification for membership, such membership being deemed an incident of ownership of a Residential Lot. However, not more than three Owners of any jointly owned Residential Lot may be issued membership in the Association. For purposes of this Section, a husband and wife who jointly. own an interest in a Residential Lot shall be deemed to be a single Owner. An individual's membership in the Association shall commence as of the date that he receives title to a Residential Lot and shall terminate upon the date of termination of his ownership of a Residential Lot. No Owner may transfer his membership in the Association separate from a conveyance of his Residential Lot, nor may an Owner transfer his Residential Lot separate from his membership in the Association. 2.02 Voting Rights. There shall be one vote allocated for each Residen- tial Lot. In the event a Residential Lot is owned by two or more persons, whether by joint tenancy, tenancy in common, or otherwise, the vote for such Residential Lot shall be exercised as the Owners therdof determine, but the vote attribu Lot- shall to such Residential Lot shall be cast by only one of the Owners of such Residential Lot who shall be designated by the several Owners of such Residential Lot. In the absence of such a designation by such Owners, and until such designation is made, the Board shall make such designation. 2.03 Meetings of the Association. An organizational meeting of the Association shall be held within the Ironwood Country. Club at a time to be deter- . mined by Declarant, within 45 days after the recordation of the conveyance of the Residential Lot which represents the 51st percentile interest of Residential Lots numbers 1 through 37, of Tract 5565-1 which lots are those authorized for sale under the first Department of Real Estate public report for the Real Property, but in no event later than six months from the date of recordation of the first conveyance of a Residential Lot. Notice of the time and place of such organizational meeting shall be specified in writing and given to each Owner by Declarant at least 10 days, and not more than 60 days prior to the date of said meeting. Thereafter, meetings of the Association shall be held as provided in Article VI of the By-Laws. 2.04 Authority and Duties of the Board. Subject to the provisions of this Declaration, the Articles of Incorporation arid the By-Laws, the Board shall have the authority to conduct all business affairs relating to the Real Property of common interest to all Owners. The powers and duties of the Board shall include, but .not be limited to, the following: O 3 (a) To enforce all of the applicable provisions of the By- Laws, the Articles of Incorporation and this Declaration. (b) To levy and collect .the maintenance charges and special assessments in the manner set forth in Article VI hereof and to make or authorize the expenditures therefrom as hereinafter described. (c) To contract for, and pay for the cost of providing all services and maintenance functions imposed on the Association pursuant to this Declaration, out of funds collected by the Board. (d) To contract for the services of a Manager to the extent deemed advisable by the Board, as well as such other _ personnel as the Board shall require in its discretion for the administration of this Declaration. and for the performance of. any or all of the obligations imposed upon the Association or the Board pursuant to this Declaration or the. Articles of Incorporation or the By-Laws. (e) To delegate any of the powers or duties imposed upon it herein to the Master Association or to such committees, officers or employees as the Board shall deem appropriate. (f) To secure a fidelity bond naming the Manager, and such other persons as may be designated by the Board, as principals and the Association as obligee. For the period from the date of the organizational meeting to the end of the " calendar year in which said meeting shall occur, such bond shall be in an amount equal to at least 10% of the estimated cash requirement for that period as determined hereunder. Each calendar year thereafter, such bond shall be in an amount equal to at least 10961 of the total sums collected by the Asso- ciation during the preceding calendar year. (g) To pay all real property taxes and assessments or similar levies assessed against the Common Areas or the Common Facilities by any governmental authority. (h) To pay a pro rata share of the cost of maintaining and repairing the private streets, security gates and other security services located within the Ironwood Country Club, whether or not included within the Real Propertv, as assessed to the Association or its members by the Master Association. (i) To purchase or hire any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations or insurance or to pay any other assessments which the Association is required to secure or pay for pursuant.to the 9 l 4 i terms of this Declaration, the By-Laws or the Articles of Incorporation or by law or which in the discretion of the Board shall be necessary or proper in order to carry out its obligations hereunder. However, if any such materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments are provided for or attributable to a specific Residential Lot, the cost thereof shall be specially assessed to the .Owner of. such Residential Lot. (j) To take such other action and incur such other obliga- tions, whether or not herein expressly specified, as shall be reasonably necessary to perform the Association's obligations hereunder. 2.05 The Master Association. Declarant has caused the formation of Ironwood Master Maintenance Association, a California non-profit corporation, and has imposed upon the Master .Association the responsibility of maintaining (i) all private streets within the Ironwood Country Club, (ii) the security gates located or to be located at the entrances to the Ironwood Country Club, and (iii) the. cost of providing security service to the Ironwood Country Club residents, owners and occupants. The allocation of such costs is set forth in a Master Declaration of Cove- nants, Conditions and Restrictions recorded January 10, 1974, as Instrument No. 3849, Official Records of Riverside County, California. The Declaration provides, inter alia, that the cost of maintaining the private streets and drives within the Ironwood Country Club other than Iron Tree and Mariposa Drives shall be assessed against the Owners of areas of Ironwood Country Club within which such private streets are located. Thus, the cost of maintaining those streets designated as Lots C, D, E and E' within Tract 5565-1 are the responsibility of the members of the Association. In addition, the members are responsible for a pro rata share of the cost of the other maintenance obligations of the Master Association. ARTICLE III. COMMON AREAS AND COMMUNITY FACILITIES 3.01 Ownership of Common Areas. Prior to the date of recordation of the first conveyance of a Residential Lot to an Owner, Declarant shall_ convey the Common Areas lien free to the Association. Such• conveyance shall reserve to Declarant the right to grant non-exclusive easements for the use of the Common Areas and Community Facilities to the Owners, such use to be subject to this Declaration and the rules for such use from time to time established by the Board, and shall further reserve the right to Declarant to grant easements for the purpose of installation and maintenance of utility lines and facilities. Thereafter, the Association shall hold and maintain the Common Areas and the Community Facilities for the benefit and use of all Owners. 3.02 Use of Community Facilities. Each Owner shall have the non- exclusive right to use and enjoy all Common Areas and all Community Facilities constructed thereon. Such right of use shall be deemed an incident of ownership of each Residential Lot and shall be appurtenant to and shall pass with the title to each Residential Lot. Such right of use shall be subject, however, to: i (a) the right of the Board to limit the number of guests of any Owner who may use the Common areas and Community Facilities constructed thereon; (b) the right of the Board to suspend Owners who may delinquent in the payment of their assessments from the use of the Common Areas and Community Facilities in accordance with the provisions of the By-Laws. 3.03. Walkways. . There shall be no obstruction of any pedestrian walkways located upon the Real Property or within the Ironwood Country Club for purposes of circulation of foot traffic or any interference with free use thereof except such obstruction as may be reasonably required in connection with repairs of such walkways. Use of all walkways within the Real Property shall be subject to regulation by rules adopted by the Association and furnished in writing to -the Owners. The Association shall promptly take such action as may be necessary to abate or enjoin any interference with or obstruction of the pedestrian walkways contrary to the provisions hereof and shall have a right of entry for purposes of removing the same. Any costs incurred by the Association in connection with such abatement, injunction or corrective work shall be specially assessed to the Owner or Owners responsible therefor. Free use of the pedestrian walkways and free circulation of foot traffic are essential elements of Declarant's plan for development of the Real Property and for the remainder of the land within the Ironwood Country Club and, in addition to all other remedies it may have at law and in equity, either the Association or Declarant may enjoin or abate by appropriate legal action any interference therewith or.obstruction thereof. 3.04 Maintenance. The Association shall have the obligation tQ maintain the Common Areas and the Community Facilities in the manner set forth in-Article IV hereof. 3.05 Cost of Maintenance. The cost of maintaining the Common Areas and the Community Facilities shall be borne by the Owners pro rata in the manner set forth in Article VI.hereof. 3.06 Easements. Exclusive easements shall be reserved from the Com- mon Areas for the benefit of each Residential Lot for construction and maintenance of screen walls, wing walls, air conditioning equipment, and other architectural features of each residential building as constructed by Declarant, provided that such easements shall not extend beyond 60 inches from the Residential Lot line. Further, each Residential Lot.shall have an easement for support and settlement where the residence built as a part of the original construction of homes within the project adjoins another Residential Lot. 3.07 External Common Arens. I'n addition to the Common Areas located within the Real Property, the Owners shall have the right to use any Common Areas which have been conveyed to the Master Association as well as certain private streets, walkways and utility lines and shall have the benefit of security -ates and other security services within other areas of the Ironwood Country Club. 'Mainten- ance of such facilities shall be the responsibility of the Master Association. The cost a 6 of such maintenance shall be assessed pro rota against the Association and against all other property owners or any other associations of property owners within the Ironwood 'Country Club in the manner set forth in the Master, Declaration of Covenants, Conditions and Restrictions described in Section 2.05 hereof. M8 Continued Ownership of Common Area and Community Facilities. The Association shall have no power, without the written consent of at least 75% of the Owners (other than Declarant) and the holders of at least 75% of all first trust deeds or mortgages of record which constitute a lien on any Residential Lot, by act or omission, to seek to. abandon, partition, subdivide, encumber, sell or transfer the Common Areas or Community Facilities. ARTICLE IV. MAINTENANCE 4.01 Association Responsibility. From and after the date of its organiza- tional meeting, the Association shall be responsible for the maintenance, supervision and repair of: (a) All Common Areas and all Community Facilities located thereon; (b) All landscaping, all driveways and surface parking areas within the Real Property and all water, sewage, elec- trical, telephone, gas, cable television and other utility lines and ,services within the Real Property, but •not those portions of such utility lines within any building located on a Residen- tial Lot; (c) The exterior and all roofs of all buildings constructed on any Residential Lot. Such responsibility shall be limited to normal and usual maintenance and shall not extend to repair of damage resulting from fire or other casualty or from the negligence or willful acts of the Owner thereof or his guests and invitees. In addition, the Association shall be responsible for the periodic removal of all trash and rubbish generated from any of the Common Areas, the Community Facilities or any Residential Lot and the Improvements located thereon. 4.02 Owner Responsibility. Each Owner shall be responsible for the maintenance of the interior as well as the structural portions of all buildings located on his Residential Lot. Areas within any carport or enclosed patio or yard shall be deemed interior areas for the purpose of this Section. Such responsibility shall also include all water, sewage, electrical, telephone, gas, cable television and other utility lines within the exterior walls of such buildings. 4.03 Right of Entry. The Beard shall have the authority to designate one or more qualified repairmen or other persons 'to enter upon and within any individual Residential Lot and residence thereon, in the presence of the Owner thereof or otherwise, to perform the maintenance or repair functions imposed upon the Association, or to abate any nuisance being conducted or maintained on any Resi- dential Lot in order to protect the property rights and lsest interests of the other Owners. Except in the event of any emergency, such entries shall be at a reasonable time upon reasonable notice to the Owner. 7 l � ARTICLE V. INSURANCE 5.01 Fire and Casualty Insurance. The Association shall maintain a blanket policy of fire insurance with extended coverage, including vandalism and malicious mischief for not less than 100% of the insurable value (based on current replacement cost) of all Community Facilities and of all Improvements constructed on any Residential Lot. If the Board deems it appropriate to do so, the Association may secure insurance against flood or earthquake damage or other perils commonly or frequently insured against. Said insurance shall name Declarant, each Owner and the Association as insured. All mortgagees shall also be named as additional insureds. The Association shall have no responsibility to insure any personal property owned by any Owner. All Improvements located on the Real Property shall be reappraised at least once every 12 months and the amount, nature and quality of insurance coverage shall be re-evaluated annually to insure full and adequate insurance coverage so that at no time will the Association or any Owner be deemed a co-insuror of any of the Improvements in the event of loss. In the event of damage to any Improvements covered by the insurance to be carried by the Association pursuant to this Section, the loss shall be adjusted as follows: In the event of damage to any Community Facilities, by the Board; and in the event of damage to any Improvements located on a Residential Lot, by the Owner thereof and by the Board, acting jointly. 5.02 Liability Insurance. In addition to the casualty insurance to be carried by the Association pursuant to Section 5.01 hereof, the Association shall take out and maintain: (a) A policy or policies of, liability insurance insuring Declarant, the Board, the Association, the Owners and the - Association's officers and employees against any liability incident to the ownership and use of the Common Areas and Community Facilities and any other property or interest owned by the Association, and including the personal liability expo- sure of the Owners with respect to such property. The limit of liability under such insurance shall not be less than $1,000,000 with respect to personal injury or death to any one or more persons or to damage to property. Such coverage shall be reviewed at least annually by the Board and increased at its discretion. Said insurance shall be issued on a comprehensive liability basis and shall provide a cross-liability endorsement, wherein the rights of a named insured under said insurance shall not be prejudiced as respects his, her or their action against another named insured. (b) Workmen's Compensation Insurance to the extent necessary to comply with any applicable laws. ARTICLE VI. ASSESS,ME%NTS 6.01 Monthly i�faintennrice :Assessments. The cost of providing the ser- vices, maintenance duties and other obligations imposed upon the Association pur- suant to this Declaration shall be assessed proportionatclj,aoainst all O«ncrs. Each s Owner, by the acceptance of a conveyance of a Residential Lot, shall be oblihated to pay his share of such costs. No Owner may avoid liability for his share of such costs by any waiver of the right to use the Common Areas or the Community Facilities. Until the organizational meeting of the Association is held, Declarant shall have full authority to establish and determine the amount of such monthly maintenance charge, such determination to be based upon Declarant's best bona fide estimate of the cost of providing such service. After the organizational meeting of the Association, the monthly maintenance charge will be determined by the Association. At least 60 days prior to the commencement of each calendar year, the Board shall prepare and submit to the Association a budget of the estimated costs and expenses to be incurred by the Association during such calendar year in performing its functions hereunder (including a reasonable allowance for overhead and delinquent accounts). Said budget shall be subject to the approval of the Association. The Board may not, without the vote or written assent of a majority of the P:lembers other than Declarant, impose a regular annual assessment per Residential Lot which is more than 20% greater than the regular assessment for the immediately preceding. fiscal year. When such budget has been approved, the Board shall determine the monthly maintenance charge to be .assessed to the Owner or Owners of each Residential Lot for the coming-year. The monthly maintenance charge shall be payable by each Owner in advance on the first day of the month following the recording of title to such Owner's Residential Lot, or the granting of possession thereof to him, whichever event shall first occur. All costs shall be assessed pro rata against the Owner of each Residential Lot, including Declarant, so long as Declarant shall own any of the Residential Lots. For the purpose of computing the assessments to be made hereunder, all Owners of a single Residential Lot shall be. deemed a single Owner. Should the Association fail to approve a budget and set the amount of monthly maintenance charges prior to the commencement of any calendar year, the Board shall continue to levy and collect monthly maintenance assessments at the level of the previous calendar year, plus an increase of not more than 10%, until the Association shall adopt a current budget. 6.02 Special Assessments. In addition to the monthly maintenance charge to be assessed against each Owner pursuant to Section 6.01, the Board may, from time to time, levy and collect special assessments to cover extraordinary charges or expenses not anticipated by the annual budget approved by the Association. Unless approved by a majority of the Owners, the aggregate of all special assessments levied in any calendar year shall not exceed 5% of the budgeted gross expenses of the Asso- ciation for such fiscal year. 6.03 Accounting. All funds collected by the Association shall be promptly deposited in a commercial bank account and/or in a savings and. loan account in an institution to be selected by the Board, or, prior to its election, by Declarant. Said account shall be designated "Ironwood Owners .Association VII, Maintenance Fund Account." No withdrawals shall be made from said account except to pay the obligations of the Association. Not later than 90 days after the end of each calendar year the Board shall distribute to each Owner an operating statement reflecting the income and expenditures of the ,:association for the previous calendar year. The Board shall maintain complete and accurate books and records of its income and expenses, in accordance with generally accepted accounting principles, consistently applied and shall file such tax returns and other reports ns shall be required by any governmental entity. The books and records shall be kept at the 9 I r office of the Association and shall be open for inspection by any Owner or by the holder of any first trust deed or mortgage 'of record at any time during normal business hours. 6.04 Creation of Lien. The monthly maintenance charge together with any special assessments which each Owner is obligated to pay shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default by any Owner in the payment of any installment of maintenance charges or special assessments, such amount, together with interest thereon at the. rate of 10% per annum, and together with all costs which may be incurred by the Association in the collection of such amount, together with reason- able attorneys' fees, shall be and become a lien upon the interest of the defaulting Owner in his Residential Lot upon the execution by the Association and the recording in the Riverside County Recorder's Office of a Notice of Assessment, setting forth the name of the defaulting Owner, the amount of the delinquency and the legal de- scription of his Residential Lot. Subject to the provisions of Article II hereof, such lien shall be deemed prior to any or all other liens hereafter encumbering the Resi- dential Lot regardless of the date of recordation of the assessment lien or such other liens, except (i) the lien for real property taxes and assessments, or (ii) the lien of a first deed .of trust or purchase money second deed of trust on the Residential Lot of the defaulting Owner. The Notice of Assessment shall not be filed for record unless and until the Association shall have delivered to said defaulting Owner, not less than 15 days prior to the recordation of such Notice of Assessment, a written notice of default and a demand upon the defaulting Owner to cure such default within said 15 days,.and the failure of the.defaulting .Owner to comply. A copy of any such notice shall be mailed to the holder of any first trust deed or mortgage .of record. constituting a lien on such Residential Lot. 6.05 Enforcement of Lien. Not less than 10 days, nor more than 180 days from the filing of any Notice of Assessment, the Association shall file for record a Notice of Default, and thereafter may cause the interest of said defaulting Owner to be sold in the same manner as a sale under the power of sale contained in mortgages and deeds of trust as provided by the Civil Code of the State of California, Section 2924 through 2924h or through judicial foreclosure. The sale of said interest must be held, or legal action to enforce a lien must be instituted, within one year from the recording of the Notice of Default, or said lien shall be deemed void and of no effect. If, in fact, any such sale is held, Declarant or any Owner may purchase thereat. If any legal action is filed to enforce the provisions of this Article, any judgment rendered against the defaulting Owner shall include all costs and expenses of such action, and all costs .and expenses of perfecting said lien and of said sale, plus reasonable attorney's fees incurred in prosecuting said action. If any such lien is cured prior to judgment of judicial foreclosure, the Association shall cause to be recorded a certificate setting forth the satisfaction of such claim and release of such lien, upon payment of actual expenses incurred and a reasonable attorney's fee, by such defaulting Owner. 6.06 Waiver of Homestead Exemption. Each Owner does hereby waive, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption laws of the State of California in effect at the time any assessments levied pursuant to this Section become dur or a lien therefgr is imposed. 6.07 Sale of Residential I,ot. Any Owner who sells his Residential Lot in good faith and for value shall be relieved of the obligation to pay .the maintenance . charges attributable to his Residential Lot as of the date of the recordation of the deed to such Residential Lot to his purchaser. Such obligation, together with any past due or delinquent obligations, shall thereupon pass to said purchaser and if not paid shall become a lien on such purchaser's Residential Lot in the same manner as a real property tax lien. i 6.08 Payment by Declarant. Declarant shall be obligated to pay the monthly maintenance charge for each unsold Residential Lot. Such obligation shall commence as of the first date that a maintenance charge is assessed against any Owner and shall continue as long as Declarant owns any Residential Lot, it being the intention that regular assessments against all Residential Lots shall commence on the first day of the month following the,closing of the first sale of a Residential Lot. ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE 7.01 Appointment of Architectural Control Committee. Three persons shall be appointed to act as an Architectural Control Committee to perform the functions set forth in this Article. Declarant shall have the sole right to appoint, replace and remove members (who need not be members of the Association) of the Architectural Control Committee until one (1) year from the date of the issuance of a Subdivision Public Report of the Department of Real Estate of the State of California covering any of the Residential Lots. Thereafter, Declarant shall also have the sole powec to appoint, replace and remove two (2) members of the Architectural Control Committee until the first to occur of (i) the sale of 90% of the Residential Lots approved for sale .pursuant to the Subdivision Public Report mentioned herein or (ii)- five (5) years from .the date of issuance of a Subdivision Public Report covering any of the Residential Lots. All other appointments to the Architectural Control Committee shall be made by the Board and must be members of the Association. Appointees of the Architectural Control Committee made by the Board may be replaced or removed at the pleasure of the Board. 7.0.2 Duties of Architectural Control Committee. All plans and speci- fications for any structure or improvement whatsoever to be erected on or moved upon or to any Residential Lot, and the proposed location thereof on any such Resi- dential Lot, and construction material, the roofs and exterior color schemes, any later changes or additions after initial approval thereof, and any remodeling, recon- struction, alterations or additions thereto on any such Residential Lot shall be subject to and shall require the approval in writing, before any such work is commenced, of the Architectural Control Committee. No fences, hedges, walls or plantings shall be placed or maintained upon the Common Areas by any owner without prior, written approval by the Architectural Control Committee. 7.03 Submission of Plans. There shall be submitted to the Architectural Control Committee two complete sets of plans and specifications for any and all proposed Improvements to be constructed on any Residential Lot, and no structures or improvements of any kind shall be erected, altered, placed or maintained upon any Residential Lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. Such plans shall include plot plans showing the location on the Residential Lot of the building, wall, fence or other a 11 ! / l structure proposed to be constructed, altered, placed or maintained thereon, together with the proposed construction material, color schemes for roofs, and exteriors thereof, and proposed landscape planting. 7.04 Approval of Plans. The Architectural Control Committee shell approve or disapprove plans, specifications and details within 30 days from the receipt thereof or shall notify the Owner submitting them that an additional period of time, not to exceed 30 days, is required for such approval or disapproval. Plans, specifications and details not approved or disapproved, or for which time is not extended within the time limits provided herein, shall be deemed approved as submitted. One set of said plans and specifications and details with the approval or disapproval of the Architectural Control Committee endorsed thereon shall be returned to the Owner submitting them and the other copy thereof shall be retained by the Architectural Control Committee for its permanent files. Applicants for Architectural Control Committee action may, but need not, be given the opportunity to be heard in support of their application. _ 7.05 Standards for Disapproval. The Architectural Control Committee shall have the right to disapprove any plans, specifications or details submitted to it if: (i) said plans do not comply with all of the provisions of this Declaration; (ii) the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of the Real Property or with the adjacent buildings or structures; (iii) the plans and specifications submitted are incomplete; or .(iv) the Architectural Control Committee deems the plans, specifications or details, or any part thereof, to be contrary to the best interest, welfare or rights of all or any of the other Owners. 7.06 Defects in Plans. Neither the Architectural Control Committee nor any architect or agent thereof or of Declarant shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications. 7.07 Rules of Procedure. The Architectural Control Committee may adopt rules and regulations from time to time establishing design criteria not in- consistent herewith. The address of the Architectural Control Committee shall be the address of the principal office of the Association. The current record of the names, qualifications and business addresses of the members of the Architectural Control Committee shall be kept there. The Architectural Control Committee shall meet at the convenience of the members thereof as often as necessary to transact its business, acting on the concurrence of two out of three members thereof. 7.08 Filing Pees. As a means of defraying its expenses, the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans to it in an amount to be fixed by the Board from time to time. No additional fee shall be required for resubmission of plans revised in accordance with Architectural Control Committee recommendations. ARTICLE Vill. RESTRICTIONS ON USE AND OCCUPANCY 8.01 Single Family Use. Each Residential Lo�shall be improved, used and 12 j occupied only .for single family dwelling residential purposes." Notwithstanding anything'to the contrary contained herein, Declarant shall be allowed to use buildings constructed on Residential Lots owned by it as sales models, conducting thereon, through agents or employees, sales activities usually associated with model units for a period.of five years from the date hereof. 8.02 Violation of Insurance Standards. No Residential Lot shall be oc- cupied or used for any purpose or in any manner which shall cause any Improvements constructed thereon to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California standard fire policy form, or cause any policy or policies representing such insurance to be canceled or suspended or the company issuing the same to refuse -renewal thereof. 8.03 Pets. Dogs, cats or usual and ordinary household pets may be kept in any dwelling unit contained within a Residential Lot, only in accordance -with rules made by the Board. Except as hereinabove provided, no animals, livestock, birds or poultry shall be kept or maintained on any Residential Lot. 8.04 Nuisance. No Residential Lot shall be used in such manner as to obstruct or interfere with the enjoyment of Owners of other Residential Lots .or annoy them by unreasonable noises or otherwise, nor shall any nuisance or illegal activity be committed or permitted to occur on any Residential Lot. The area of each-Residential Lot which.is not occupied by the building located thereon shall be landscaped in good taste and in .conformity with the .landscaping ,of the Common Areas. 8.05 Signs. No signor billboard of any kind shall be displayed by any Owner on any Residential Lot except signs of a customary and reasonable dimension advertising the sale or lease of such Residential Lot. For three years following the recording of this Declaration in the Official Records of Riverside County, California, Declarant shall have the right to construct such promotional signs or other sales aids, including a sales office, on or about any portion of the Real .Property owned by it, which Declarant shall deem reasonably necessary in_ connection with its, sale of Residential Lots. 8.06 Rubbish. . No part of the Real Property shall be used or.maintained as a dumping ground for rubbish. All trash, garbage or other waste shall be kept in sanitary containers and all such containers shall be maintained in good, clean condition. The containers shall be made of a material which does: not emit noise during handling. 8.07 Laundry. No laundry or wash shall be dried or hung outside of any building located on any Residential Lot. 8.08 Antennae. No .exterior antennae shall be permitted without the prior approval of the Architectural Control Board. No activity shall be conducted on any Residential Lot which interferes with television or radio reception on any other Residential Lot. 8.09 Racial Restrictions. No Owner shall execute or file for record any 4 13 ( instrument which imposes a restriction upon the sale, leasing or occupancy of his Residential Lot on the basis of race, color or creed. 8.10 Storage. No furniture, fixtures, appliances or other goods and chattels not in active use, shall be stored in any building or open area or on any Residential Lot or on any of the Common Areas in such manner that such material is visible from a neighboring Residential Lot or Lots or from the Common Areas. 8.11 Fires. There shall be no exterior fires, except barbeque and in- cinerator fires contained within facilities or receptacles and in improved areas. de- signated for such purposes. No Owner or Owners shall permit any conditions on his Residential Lot or Lots which creates a fire hazard or is in violation of fire pre- vention regulations. 8.12 Noises. No exterior horn, whistles, bells or other sound devices except security devices used exclusively to protect the security of the Real-Property, the Improvements located thereon and the Owners or occupants thereof shall be placed or used on any part of the Real Property. 8.13 Lighting. No exterior lighting of any sort shall be installed or main- tained on any building, the light source of which is visible from a neighboring Resi- dential Lot or the Common Areas, except as authorized by the Architectural Control Committee. 8.14 Vehicles. No resident shall park any automobile on any part of the Real Property except within carports,.garages or designated parking areas. No work- of automobile repair shall be performed anywhere within the Real Property except in emergency cases. No motorcycle, motor bike, golf cart or recreational vehicle may be operated within the Real Property except as authorized by the Board. No trucks, vans, campers or vehicles other than passenger cars or pickup or utility trucks with a capacity of one ton or less shall be parked, stored or in any manner kept or placed on any- Residential Lot -or_on any street within the Real Property except in locations designated by Declarant or, .after sale of all of the Residential Lots, by the Association or such other property owner's association as shall then be charged with the responsibility of maintenance of the streets within the Real Property. This restriction shall not, however, be deemed to prohibit commercial and construction vehicles in the ordinary course of business, from making deliveries or otherwise providing service to any Residential Lot or the Common Areas. ARTICLE IX DAMAGE OR DESTRUCTION 9.01 Destruction of Residential Lot Improvements. In the event of damage or destruction by fire or other casualty of any Improvements located on a Residential Lot, the Owner thereof shall, within six months thereafter, either: (i) diligently commence to rebuild the same in accordance with the terms hereof, or (ii) . clear and level the Residential Lot, removing all wreckage, debris and remains of the building or buildings therefrom and leave the same in a level, clean condition. Upon reconstruction, the building .shall be rebuilt substantially in accordance with the R 14 original plans and specifications therefor; provided, however, that the exterior appearance thereof shall substantially resemble the appearance in form and color that existed prior to such damage and destruction. Notwithstanding the foregoing, however, the Owner of such damaged building may reconstruct or repair.the same in accordance with new or changed plans and specifications with the prior written approval of the Architectural Control Committee. Subject to the rights of any mort- gagee of such Improvements, all insurance proceeds attributable to such damage or destruction shall be made available to the Owner thereof for such rebuilding. 9.02 Community Facilities. In the event of a total or partial destruction of any Community Facilities, and if the available proceeds of the insurance carried by the Association pursuant to Article V of this Declaration are sufficient to cover not less than 85% of the cost of repair.or reconstruction thereof, the same shall be promptly repaired and built, not less than 90 days from the date of such destruction, unless 75% or more of the Owners present, in person or by proxy, at a duly constituted meeting of the Association shall determine, by written and signed ballot, that such reconstruction shall not take place. If the- proceeds of such insurance are less than 85% of the cost of reconstruction, such reconstruction may nevertheless take place if, within 90 days from the date of such destruction, a majority of the Owners present and entitled to vote, in person or by proxy, at a duly constituted meeting of the Association determine that such reconstruction shall take place. 9.03 Special Assessments. If the Owners determine to rebuild in ac- cordance with the provisions.above, a special .assessment shall be assessed pro rata against the Owners in the manner set forth in Section 6.02 hereof to pay the cost of reconstruction over and above the insurance proceeds. In the event of the failure or refusal of any Owner to pay his proportionate share, the Association may record and thereafter foreclose a lien against such Owner's Residential Lot in the manner set forth in Sections 6.04 and 6.05 hereof. 9.04 Failure to Rebuild. If rebuilding of the Community Facilities shall not take place, any insurance proceeds received as a result of such damage or de- struction shall be distributed to the Owners (or their respective mortgagees) pro rata. 9.05 Approval of Architectural Control Committee. Any rebuilding, reconstruction, repair or restoration done pursuant to this Article must be done with the approval of the Architectural Control Committee. ARTICLE X ANNEXATION OF ADDITIONAL PROPERTY 10.01 Right of Annexation. Subject to the conditions hereinafter set forth, Declarant shall have the right to annex to the Real Property subject to this Declaration all or any portion of certain additional property, such additional property being described in Exhibit A attached hereto and by this reference incorporated herein. Said annexation may be accomplished by the recordation of an instrument entitled "Addendum to Declaration of Covenants, Conditions and Restrictions" in the official records of Riverside County, California and the delivery of a copy thereof to the Board of the Association. Said Addendum shall contain: 15 (a) A legal description of the property to be annexed to -this Declaration; and (b) A statement that Declarant intends by such recorda- tion to cause such annexation and thereby to subject the property to be annexed to the terms and provisions of this Declaration. 10.02 Conditions to Annexation. Declarant's right to effect such annexa- tion shall be,subject to the following conditions: (a) Such annexation shall occur prior to the third an- niversary of the original issuance of the then most recently issued Public Report of the Department of Real Estate for any portion of the Real Property. _ (b) A Final Subdivision Map describing the property to be annexed shall have been recorded in the official records of Riverside County. Such map shall show not more than 4 Residential Lots per gross acre. (c) The property to be annexed shall be zoned to permit the uses described in this Declaration. (d) The Residential Lots within the property to be an- nexed shall.be improved only with buildings which have been approved by the Architectural Control Committee and shall ' otherwise comply with the provisions of this Declaration. 10.03 Effect of Annexation. From and after the date of the recordation of the Addendum described in Section.10.01, and provided that the conditions set forth in Section 10.02 have been met, the Real Property so annexed shall be deemed to be a portion of the Real Property for all purposes. Thus, the Owners of each Residential Lot within the annexed property shall become members of the Association with identical voting rights as other members and with full right to use the Common Areas and Community Facilities. Such Owners shall also be responsible for the payment of assessments in the manner set forth in Section 6.01 hereof; provided however that Declarant's obligation, as Owner of the Residential Lots so annexed, to pay such monthly maintenance assessment on such annexed Residential Lots shall not commence until the first day of the month following the sale of any such annexed Residential Lots to a party other than Declarant. In addition, from and after the date of annexation, each Owner of Residential Lots 1 through 37 of Tract 5565-1 shall have the right to use any Common Areas or Community Facilities located on the annexed property. ARTICLE XI CONDEMNATION ll.01 In the event that an action for condemnation is proposed or com- menced by any governmental body having the right of eminent domain for the con- demnation of all or any part of the Common Areas or.C.ommunity Facilities, no 16 Owner shall be entitled to participate individually as a party in any proceedings relating to such condemnation, such right of participation .being herein reserved exclusively.to the Association which shall, in its name alone, represent the interests of all Owners. All proceeds from such action shall be retained by the Association to be used for restoring or rebuilding any Common Areas or Common Facilities as taken. Any excess beyond that-needed for such restoration or rebuilding shall be distributed to the Owners.(or their respective mortgagees) pro rata. ARTICLE XII. PROTECTION OF LENDERS 12XI Mortgage Protection Clause. No breach of the covenants or re- strictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but all of said covenants and restrictions together with any pre-existing liens for maintenance assessments shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or through a deed given in lieu thereof. If the holder of a first deed of trust or mortgage of record (meaning .any recorded deed of trust or mortgage with first priority over other deeds of trust or mortgages) or other purchaser or a Residential Lot obtains title to such Residential Lot as a result of foreclosure of any such first deed of trust or mortgage, neither such purchaser, nor his successors and assigns, shall be liable for .any pre- existing liens for maintenance charges assessed against such Residential Lot pursuant to Article VI hereof prior to such foreclosure but only for such charges assessed after such foreclosure. 12.02 Amendments. Subject .to the provisions of Article XIII hereof, no amendment to this Declaration shall affect in .any way the rights of the beneficiary of any such trust deed or mortgagee of any such mortgage, unless said beneficiary or mortgagee shall either join in the execution of such amendment, or approve the same in writing as a part of such amendment. 12.03 Meetings:-. Any lender with a secured interest in any Residential Lot may attend any meetings of the Association. 12.04 Notice of Default. Upon request, the holder of any first trust deed or mortgage of record shall be entitled to written notification from the Association of any default in the performance by any Owner of his obligations under this Declara- tion, the Articles, By-Laws or any duly and validly adopted action of the Board. ARTICLE XIII. TERM - AMENDMENTS 13.01 Term. The covenants, conditions and restrictions contained herein shall run with the land and shall be binding on all parties and all persons claiming under them until 50 years from the date of recordation of this Declaration in the Official Records of Riverside County, after which time this Declaration shall be automatically extended for successive periods of 20 years unless an instrument exe- cuted by 75% of the Owners shall be recorded at any time after the recordation of this Declaration., canceling .and terminating this Declaration. Recording of amend- ments to this Declaration pursuant to Section 12.02 hereof shall not be construed to C 17 i extend or alter the terms hereof unless said amendments specifically provide for the amendment of this Section. 13.02 Amendments. Except as set forth in Section 12.02 hereof, the Owners of 75% of the. Residential Lots may at any time and on 30 days' notice, modify, amend, augment or delete any of the provisions of this Declaration, provided, however, (a) That any of the . following amendments, to be. effective, must be approved in writing by the record holders of all encumbrances on such Lots at the time of such amendment: (i) Any amendment which affects or purports to affect the validity or priority of any encumbrances; or (ii) Any amendment which would necessitate mortgagee, after it has acquired a Residential Lot as set forth in Article XII, to pay any portion of any unpaid assessment or assessments accruing prior to such foreclosure, except as set forth in Section 12.01 hereof. (b) That. any of the following amendments, to be effec- tive, must be approved 'in writing by the Owners of at least 75% of the Residential Lots (other than Declarant) and by the holders of at least 75% of the first deed of trust or mortgages of record (based upon one vote for each mortgage or trust deed owned). (i) Any amendment which seeks to abandon, par- tition, subdivide, encumber, sell or transfer the Common Areas or Community Facilities owned by the Association for the benefit and*use"of all Owners, except as permitted in Section 3.01 herein; (ii) Any amendment which would change the method of determining the obligations; assessments, dues or other charges which may be levied against an Owner under Article VI herein; (iii) Any amendment which would change, waive or abandon the responsibilities of the Association under Section 4.01 herein; (iv) Any amendment which would affect the scheme of regulations set forth in Article VII herein; (v) Any amendment which would permit the Asso- ciation to fail to maintain the fire and extended coverage required by Section 5.01 or which would affect the amount and type of coverage required by Section 5.01 herein. 18 ARTICLE XIV. MISCELLANEOUS 1.1.01 Notices. All notices and communications desired or required to be sent or delivered hereunder shall be in writing and may be served personally, or shall be mailed, by certified or registered mail, return receipt requested, as ' follows: (a) If to Declarant, to Silver Spur Associates, 49- ' 200 Mariposa Drive, Palm Desert, California 92260, or at such other address or addresses as Declarant may designate in writing, from time to time, by giving notice thereof to all Owners, and the Association, in writing; (b) If to the Association, then to the secretary thereof at the office of the Association, or at such other address as may be designated in .writing by the Board from time to time, and of which Declarant and the secretary of the Association are advised in writing; (c) If to an Owner, to such Owner's address as carried on the books of the Association, or if no such address is available for any Owner, then to the address of such Owner's Residential Lot. 14.02 Interpretive Provisions. (a) As used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine shall include the feminine or neuter as the context may require. (b) The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the project for the mutual benefit of all Owners. (c) The provisions herein shall be deemed independent and severable, and the invalidity or partial invalidity or un- enforceability of any of the provisions hereof shall not affect the validity of the remaining provisions. (d) No waiver .of any breach of any of the covenants or restrictions of this Declaration shall constitute a waiver of any succeeding or preceding breach of the same, or any other covenant or restriction contained herein. 19 APPROVAL OF TRUST DEED BENEFICIARY BANK OF AMLERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association, being the beneficiary of a .Deed of Trust recorded 1977, as Instrument No. Official Records of Riverside County, California, in which Deed of Trust SILVER SPUR ASSOCIATES, a general partnership, is named as Trustor, does hereby approve the foregoing Declaration of Covenants, Conditions and Restrictions, and does hereby subject and subordinate the lien. of said Deed of Trust to the provisions of said Declaration, except as otherwise expressly provided therein, in the same manner as if the recording of said Declaration had occurred prior to the recording of said Deed of Trust. DATED: , 1977 BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By Louis Brandi e I STATE OF CALIFORNIA ) ss. COUNTY'OF RIVERSIDE ) On , 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared LOUIS BRANDI known to me to be the Manager of the Palm Desert branch of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, the, Association that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the Association therein named, and acknowledged to me that each Association executed the within instrument. WITNESS my hand and official seal. Notary Public in and for the State of California [SEAL) 0 1 . STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and known to ,me to be the Assistant Secretary of Ironwood Corporation, the corporation that executed the within instrument and.known to me to be the persons who executed the within instrument on behalf of said,corporation, said corporation being known to me to be one of the partners of Silver Spur Associates, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public 4 o .J 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (7I4) 346-0611 February 14, 1978 Mr. David J. Erwin 74-090 E1 Paseo Palm Desert , CA 92260 Re : Tracts 5565-1 and 2 Dear Dave : Will you kindly review and approve the en- closed Grant Deeds and C.C.&R' s for Ironwood Tracts 5565-o and 5565-2. Please return to me as soon as possible. Th n you, Paul A. illiams, Director Dept. of Environmental Services lm/pw/ks Enc. pad EN ViRONMENTAL £N GIN ECR/ ' COMMUNITY PLANNERS-DEVELOPM ENT ENGINEERS 73-893 HICHWAY 111 PALM DESERT, CALIFORNIA 92260 (714) 346. 61 65 February 13, 1978 RECEIVED FEB 14 1-973 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Mr. Paul Williams Director of Environmental Services City of Palm Desert, P: 0. Box 1648 Palm Desert, Calif. 92260 Dear Mr. Williams Re: Tracts 5565-1 and 5565-2 S03 0802 Enclosed for your review and approval as required by Tentative Map conditions are. copies of Declaration of "C. C. & R's." and sample conveyance documents for the subject tracts. - These documents are similar to those of previous Ironwood tracts approved by your office in the past. Copies of these documents are also being furnished to the City Engineer's office. Please indicate your approval of these documents at your earliest convenience., Sincerely, PACIFIC RIM ENVIRONMENTAL ENGINEERS D. H. Shayler DHS:jm Enclosures •w 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 5, 1978 Mr. Don Shayler Pacific Rim Environmental Engineers 73-893 Highway Ill Palm Desert, CA 92260 Dear Don: A review of our file i ica at the proposed street name in the first phase o Tract 556 n the Ironwood Country Club project is acceptable. ease revise all improvement plans and the tract map to show: Street "D" - Poinciana Place Yours very truly, Paul A. Williams, Director Dept. of Environmental Services lm/pw/ks cc: Building Dept. Public Works Dept. N. San Pedro pad 0 � ENVIRONMENTAL ENGINEER/ COMMUNITY PLANNERS'DEVELOPMENT ENGINEER{ - C w 73-893 HiC;HWAY 111 PALM DESERT, CALIFORNIA 92260 /I (714) 346- 6165 December 30, 1977 ( vYJ W Mr. Paul Williams Director of Environmental Services City of Palm Desert P. 0. Box 16118 Palm Desert, Calif. 92260 Dear Mr. Williams: Re: Tract 5565 Street Names (Ironwood) S03 0801 You will recall street names have been approved by your office for Phases 1 and 2 of this tract. The developer requests approval of "Poinciana Place" for the last unnamed street in this tract, which is shown as "D" Street on the Tentative Map. This name is consistent with the alphabetic and natural character of the Ironwood street names. Sincerely, PACIFIC RIM ENVIRONMENTAL ENGINEERS D. H. Shayler DHS:jm RECEIVED J A N 3 1. n ENVIRONMENTAL SERVICES I CITY OF PALM DESERT �1 Y. 1 • 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 November 18, 1977 Mr. Don Shayler % Pacific Rim Environmental Engineers 73-893 Highway 111 Palm Desert, Ca. 92260 Re: Tract 5565, Phase I : Street Names Dear Don : A review of our files indicates that the proposed street names for the first phase of Tract 5565 in the Ironwood Country Club project are acceptable. Please revise all improvement plans and the tract map to show: Street "A" Ribbonwood Court Street "B" - Silverleaf Court Street "C" - Rosewood Court Very truly yours, Paul A. Williams, Director Dept. of Environmental Services sf/pw/ks MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - AUGUST 17, 1977 1 :00 PM - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order by Chairman Berkey at 1 :00 p.m. in the Council Chambers in the Palm Desert City Hall . II . PLEDGE - Commissioner Kryder III. ROLL CALL Present: Commissioner KELLY Commissioner KRYDER Commissioner READING Commissioner SNYDER Chairman BERKEY Also Present: Ralph J. Cipriani - Acting Director of Environmental Services Sam Freed - Assistant Planner Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES A. MINUTES of the regular Planning Commission meeting of August 2, 1977 Commissioner Kelly requested that it be noted in the minutes that her absence from the meeting of August 2, 1977 be noted as an excused absence, also Com- missioner Readings absence should be noted as excused. Discussion followed regarding the completeness of the minutes and whether or not controversial cases should be presented in the minutes verbatium. It was decided that the tapes be kept indefinetly on cases that any Commissioner feels necessary-and i.t will be so noted in the minutes. The Commission reque ed that the tape of the August 2, 1977 meeting regard- ing Case No. TT 5565 and CUP 10-77 be retained indefinetly. A o-ti-on—of—Commissioner Kryder, seconded by Commissioner Kelly, to approve the minutes of August 2, 1977, as amended, carried unanimously. B. MINUTES of the special Planning Commission meeting of August 9, 1977 Commissioner Kelly requested that the following change be made: Page 1 , 2nd paragraph from the bottom, add the following sentence "To achieve this goal a density higher than PR-10, possibly PR-14, is requested. " A motion of Commissioner Kelly, seconded by Commissioner Reading, to approve the minutes of August 9, 1977, as amended, carried unanimously. V. WRITTEN COMMUNICATIONS A. Memorandum from the Design Review Board regarding the possibility of authorizing the Board to require approval of colors to be used prior to the repainting of any existing commercial structure. The Commission discussed the issue and made the following points: developers already have enough demands to meet, bring the issue before the public, is it legal to do so or would it take away property rights, would it give the ORB to much control , have available suggested color list, and if the problem arises of an existing building being painted an outrageous color handle it by speaking to the owner and usually the problem can be solved in most cases. k 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 November 18, 1977 Mr. Don Shayler Pacific Rim Environmental Engineers 73-893 Highway 111 Palm Desert, Ca. 92260 Re : Tract 5565, Phase I : Street Names Dear Don : A review of our files indicates that the proposed street names for the first phase of Tract 5565 in the Ironwood Country Club project are acceptable. Please revise all improvement plans and the tract map to show: Street "A" - Ribbonwood Court Street "B" - Silverleaf Court Street "C" - Rosewood Court Very truly yours, Paul A. Williams, Director Dept . of Environmental Services sf/pw/ks . LN VIRON}I I.NTwi LNLINLLn/ MAN U1 ­ 1MA COMMll,v ITY YLwNNLn{ ULVL1.01'fILHT LNCIN L.[R/ 73-893 HICHWAY 111 PALM DESERT, CALIFORNIA 92260 (714) 346- 6165 October 24,.'1977 Cityof Pal m Desert P. 0. Box 1648 Palm Desert, Calif. 92260 Attention: Mr. Paul Williams Gentlemen: Re: Tracts-5565=1 'and- 5565-2 .(Ironwood) S03 0802 . The developer proposes to use the following street names: "A" Street - Ribbonwood Court "B" Street - Silver,leaf Court "C" Street - Rosewood Court Please advise. th.is office of your approval of those names at your earliest convenience. Sincerely, PACIFIC RIM ENVIRONMENTAL ENGINEERS D. H. Shayler DHS:jm cc: Mr. R. L. Spicer RECEIVED NOV 1 a 1977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT 1 �V` C � o� o n= =P cD=cDr�f��: 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 August 30, 1977 Re: Tract No. 5565-1 ; 5565-2; 5565-3; 5565-4; 5565-5; 5565-6; 5565-7; & 5565. SAFECO Title Insurance Company Post Office Box 111 Riverside, California 92501 Dear Ms. Riggs: The subject property of the indicated tracts is designated PR-7 (Planned Residential District with a maximum average density of 7 dwelling units per gross acre). This zone permits planned residential developments such as the Ironwood Country Club project. The subject tracts are exempt from the provisions of CEQA as later phases of an on-going project for which an EIR has already been reviewed (case number Conditional Use Permit-1382). The City Council approved tentative Tract map no. 5565 on August 25, 1977 by Resolution No. 77-89, a copy of which is attached hereto. The subject tract is not affected by any geologic hazard zone. Fire protection for these tracts is provided by the County of Riverside, in conjunction with the California Division of Forestry. Very truly yours, Paul A. W lliams, Director Dept. of Environmental Services City of Palm Desert, California 11 Encls. d City of Palm Desert Planning Department The owners plan to record this large development in phases. The Department of Real Estate requires that letters obtained for the filing of a Subd. Public Report relate specifically to the tract involved. If it would facilitate matters on your end, we would appreciate a letter from your office showing all tract numbers; or if you would rather, a separate letter for each tract. We sincerely appreciate your assistance on these projects. 03 0 , SAFECO 4r SAFECO TITLE INSURANCE COMPANY BAFECO 3525 14TH STREET, P.O. BOX 111. RIVERSIDE, CALIFORNIA 92501 • (714) 804-1400 TITLE August 22, 1977 City of Palm Desert Planning Department 45-275 Prickly Pear Lane Palm Desert, CA 92260 RE: Tract No. 5565-1 / 5565-2 / 5565-3 / 5565-4 / 5565-5 / 5565-6 / 5565-7 Gentlemen; We are assisting the subdivider in his application for a Public Report from the California Department of Real Estate on the above referenced subdivision. In order to complete his filing, the following information will. be needed from your office: 1: The zoning of the subject ro er y, and of adjacent property, together with a statement of the uses permitted under this zoning.-- �.e a QSio•+►nQ.a�4 av��oPnr.¢ , Action taken to comply with CEQA, including a copy of any Negative Declaration filed.v+r�bL UeS� �� 3 , E iv Bence of teat4tjxt_ApprQXal of said subdivision, and any conditions imposed. Statement as to the effect of any Special Studies Zone for Geological Hazards on said property. We have enclosed swVAxama&a self-addressed envelope for your use in processing this request. Thank you for your assistance in this matter. Very truly yours, *.._*.* Does the City of Palm Desert Cy t is Riggs also provide Fire Protection Sub sion Department for these subdivisions? Encls. RECEIVED AUG 2 3 1977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT MEMBER: AMERICAN LAND TITLE ASSOCIATION • CALIFORNIA LANO TITLE ASSOCIATION V-101 115A i SAFECO TITLE INSURANCE COMPANY POST OFFICE BOX 111 RIVERSIDE, CALIFORNIA 92502 C, �- - PLANNING COMMISSION RESOLUTION NO. 265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT PLANNED RESI- DENTIAL SUBDIVISION ON 62 ACRES OF LAND GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE. CASE NO. TRACT 5565 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from SILVER SPUR ASSOCIATES, requesting approval of a 217-unit planned residential subdivision on 62 acres of land located in the PR-7 zone and situated southerly of and westerly of Irontree Drive, and more par- ticularly described as : A Portion of Section 32 T5S, R6E, SBB&M WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Impact Report was previously submitted for Conditional Use Permit 1382; further a Negative Declaration was made on this portion of the project by the Director of Environmental Services and the appeal period has expired; and WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted and the reports of the various reviewing agencies; and WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Municipal Code and the State of California Subdivision Map Act, as amended; and WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true., correct, and constitute the findings of the Commission in this case; 2. That it does hereby recommend approval to the City Council of the City of Palm Desert of the above-described Tentative Map No. 5565, subject to the fulfillment of the attached conditions. 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COIZIISSION ACTION DATE August 3, 1977 APPLICANT Silver Sour Assoc. P. 0. Box 1727 Palm Desert, Ca. 92260 CASE NO. : TT 5565 The Planning Co=ission of the City of Palm Desert has considered your request and taken the following action at its meeting of August 2, 1977 , CONTINUED TO , DENIED XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 265 PLACED ON THE AGENDA OF THE CITY COUNCIL OF -..H FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF Auq. 25th FOR PUBLIC HEARING. - Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS,. SECRETARY PALM DESERT PLANNING COM.TISSSION cc: Applicant C.V.C.W.D. PLANNING COMMISSION RESOLUTION 'NO. 265 JULY 5, 1977 CONDITIONS ,OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: 1 . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions f . of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedi- cation on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alterna- tives. The approval of the final street names shall be made by the Director of Environmental Services.. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force. 6• The C. C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. - b. Covenants and restrictions to be recorded. c. Management and maintenance agreement -to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. & The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the requirements prescribed by the City Fire Marshall". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all l.iens and encumbrances. CASE NO. TT 5565 PLANNING COMMISSION RESOLUTION NO. 265 FURTHER, BE IT RESOLVED that the recommended Conditions of Approval do include a recommendation to the City .Council that they require compliance to — Article 26. 15 of the City's Subdivision Ordinance by dedicating land as specified by Special Condition of Approval No. 2. PASSED, APPROVED, and ADOPTED at a continued meeting of the Palm Desert Planning Commission held on this 2nd day of August, 1977, by the following vote, to wit: AYES: BERKEY, SNYDER, KRYDER NOES: NONE ABSENT: KELLY, READING ABSTAIN: NONE GEORGE BERKEY, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 265 CONDITIONS OF APPROVAL TT 5565 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the development of this tract. 14. The construction of all private streets shall be inspected by the . Engineering Department and a Standard Inspection Fee shall be paid. _ 15. Install safety lighting along frontage of Portola as approved by the - City Engineer. 16. Drainage facilities satisfactory to the City Engineer shall be pro- vided. These shall be sufficient to maintain at least one lane of traf- fic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100- year storm. II. SPECIAL CONDITIONS: 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the appli- cant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the re- cordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a future improvement agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5, Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshall . 7. ;All plans and development shall conform to the City of Palm Desert Master Plan of Drainage. 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any building permits are issued for TT 5565. -2- PLANNING COMMISSION RESOLUTION NO. 265 CONDITONS OF APPROVAL TT 5565 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall consist of a solid six foot masonry wall . 11 . Sidewalks shall be installed along the south side of Portola Avenue between Irontree Drive and Mariposa Drive. Such sidewalks shall conform to the specifications and requirements of the City Engineer. 12. A Final Map shall not be approved covering any portion of the area in- cluded in this Tentative Map until the questions concerning the rout- ing of exterior drainage are resolved to the satisfaction of the City for that particular area. If required by the City, a revised tentative map shall be filed. 13. Such other conditions as may be adopted by the City Council upon re- commendation of the City Engineer. 14. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of measurement. 15. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along ap- proved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and. heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 16. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Mar- shal for review. Upon approval , one copy will be sent to the Building Department, and the original .will be returned to the developer. 17. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal ." ' f i -3- Case No. TT5565 August 19, 1977 Page Two III. BACKGROUND: (Continued) K. Proposed Street Improvements: - extension of Portola Avenue to Irontree Drive - extension of Irontree Drive to Portola Avenue - extension of Boxthorn Lane including construction of two cul-de-sacs not named as yet - extension of Foxtail Lane including construction of two traffic circles and one cul-de-sac not named as yet - extension of Mariposa, including construction of one cul-de-sac and one traffic circle - construction of a new street and cul-de-sac north of Mariposa Drive and south of Irontree Drive, not named as yet - extension of Quercus Lane and construction of one cul-de-sac. IV. DISCUSSION: Tract No. 5565 is the most recent phase of the Ironwood Country Club develop- ment. This phase consists of 217 single-story detached and duplex homes to be located on approximately 62 acres. The density of this phase is approxi- mately 3.5 dwelling units per acre, far below the density permitted in the PR-7 zone. The design of this phase is similar to the previous phases Tract No. 5554 and Tract No. 5796. With the exception of Portola Avenue, all streets and access easements will be constructed and maintained as private streets and drives by property owners ' associations in accordance with covenants, con- ditions, and restrictions as in previous phases. On-site storm waters are proposed to be carried by the private street system, with residences being elevated above flowing water levels as they are in the existing phases. Potential off-site drainage from the west will be intercepted by an adjacent golf fairway and .subsequently routed to adjacent streets. Land- scaping and golf course improvements are proposed to be constructed adjacent to the existing levee in order to serve as a buffer area for additional drain- age protection. The applicant is proposing to record and construct the subject tract at one time. Staff had originally recommended to the Planning Commission that they deny the request for approval of the Tentative Tract without prejudice. Staff believed that in light of the City Engineer's Memorandum of June 28, 1977 which implied that the pending report on Storm Drainage and Flood Control being contracted for by the CVCWD might affect the design of the proposed tract and in light of the City Fire Marshal 's letter of June 21 , 1977 which indicated that fire protection is inadequate in the subject area and addi-. tional development in the area would be detrimental to the public safety, there was no alternative but to recommend denial without prejudice. At the Au- gust 2, 1977 Public Hearing, the Tentative Tract was approved by Planning Commission Resolution No. 265 subject to a revised set of conditions which now contained a new Special Condition No. 12 which satisfied both the Com- mission and the City Engineer that concerns regarding flood control issues would be addressed. As the City Fire Marshal was unable to be present at the August 2, 1977 Public Hearing, it was difficult to determine whether the addition of several new conditions would address the concern of the City Fire Marshal regarding inadequate fire protection in the subject area. A subsequent meeting between Staff and the City Fire Marshal indicated that the City Fire Marshal was clearly not satisfied that. Special Conditions No. 14. 15, 16 and 17 contained in Planning Commission Resolution No. 265 properly addressed his previously expressed concern regarding the inadequacy of fire protection. CITY OF PALM DESERT STAFF REPORT To: Honorable Mayor and Members of the City Council Report On: Tentative Tract for a Single-story 217-Unit Condominium Development Applicant: SILVER SPUR ASSOCIATES Case No. : TT 5565 I. REQUEST: Request for approval of a Tentative Tract for a single-story, 217-unit condominium development on approximately 62 acres of land located southerly of and westerly of Irontree (private street) Drive and being a portion of the Ironwood Country Club in the PR-7 (Planned Residential-Maximum 7 Dwell- ing Units Per Acre) Zone District. II. STAFF RECOMMENDATION: By Resolution No. 77-89 , approve the Tentative Tract subject to compliance to conditions. Justification is based upon the following: 1 . Planning Commission recommendation of approval by Resolution No. 265. 2. The subject Tentative Map does comply with the adopted Palm Desert General Plan. 3. The subject Tentative Map does substantially comply with. the City of Palm Desert Code and the State of California Subdivision Map Act, as amended. - III. BACKGROUND: A. Location: Southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club. B. Size: 62 Acres C. Number of Units: 217 D. Density: 3.5 Dwelling Units Per Acre E. Type of Units: This project will contain 217 condominium type dwellings in both single-family detached and duplex structures. F. EIR Finding: The provisions of CEQA have been complied with, and there has been no substantial change in either the project or the circumstances under which the project is to be undertaken. G. Existing Zoning: PR-7 H. Adjacent Zoning: PR-7 and PR-7,D I. General Plan: The Palm Desert General Plan indicates this area to be potential medium density residential (5-7 dwelling units per acre) . J. Proposed Lots: Typical duplex lots will contain between 4,000 and 4,500 square feet. Typical single-family detached lots will con- tain between 5,000 and 6,000 square feet. Case No. TT5565 August 19, 1977 Page Three IV. DISCUSSION: (Continued) Since the August 2nd Public Hearing, staff has met with the City fire Marshal , City Manager, a representative of the City Engineer and the applicant in an attempt to resolve most of the problems associated with the case. Staff is confident that the proposed modifications to the Conditions of Approval which were approved by Planning Commission Resolution No. 265, which are described below, will adequately address the two major issues ; storm water flow and fire protection. Staff is, therefore, recommending that the City Council ap- prove the Tentative Tract subject to a revised set of Conditions of Approval to be modified as follows: r A revised Standard Condition No. 15 to read as follows: Install traffic safety lighting along frontage of Portola as approved by the City Engineer. A new Special Condition No. 7 to read as follows: Drainage facilities shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top . the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from drainage area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainage, dated June 1976. This sche- dule for construction shall be subject to approval of the City. A new Special Condition No. 8 to read as follows: Applicant shall fully improve Portola Avenue on the south side bet- ween Mariposa and Irontree Drive. From the outset of construction of the tract complete dust control shall be maintained. A modified Special Condition No. 9 to read as follows: Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. A revised Special Condition No. 10 to read as follows: -Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board Process. A new Special Condition No. 12 to read as follows: Approval of each final map will require certification from the CVCWD that the tract is safe from exterior storm water risk. The deletion of Special Condition No. 13, resulting in Special Condition No. 14 becoming No. 13 Special Condition No. 15 becoming No. 14 Special Condition No. 16 becoming No. 15 The deletion of Special Condition No. 17 resulting in A new Special Condition No. 16 to read as follows: Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. Case No.. TT5565 August 19, 1977 Page Four IV. DISCUSSION : (Continued) A New Special Condition No. 17 to read as follows: Storage space for a minimum of eight (8) automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. V. . CONTENTS: A. Suggested City Council Resolution 77-89 B. Report of Planning Commission Action C. Planning Commission Resolution No. 265 D. Correspondence from Outside Agencies and Departments E. Correspondence received from interested citizens INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: City Engineer 0- SUBJECT: Public Works Comments - Tentative Tract 5565 DATE: June 28, 1977 This tract is located in an area subject to flooding. A portion of the proposed tract was covered by flood waters during last SeptembW s storm. Other portions were severely threatened. As a result of the recent flood, the CVCWD has retained Bechtel Corp. to prepare recommendations for flood control measures. Their study includes the flood control channel bordering the proposed tract on the south. Action shall not be taken on this tract until that study is complete and the flood control needs for the upper cone have been defined. This application should be tabled or denied without prejudice until the area wide flood control matters can be resolved. I DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE 1..-•t,;,. _ (-OVNT}. :J�� :�{{-f` CALIFORNIA DIVISION OF FORESTRY t:trl:t:S:lit.' r... DAVID L. FLAKE COUNTY FIRE WARDEN P.O. 80X 248 210 WEST SAN JACINTO STREET ' PERRIS, CALIFORNIA 92370 \.J TELEPHONE (714) 657-3183 June 21 , 1977 Paul A. Williams Director of Environmental Services City of Palm Desert RE: Tentative Tract n5565 Dear Mr. Williams: After reviewing this tentative tract I think your department and the Plan- ning Commission should realize that the fire protection in this area is rapidly becoming inadequate. The Ironwood Country Club area is located five miles from the Palm Desert Fire Station and the fire equipment must pull a long grade up Highway 74 and Portola Avenue to reach the development. The response time for our fire engine to reach Ironwood Country Club -ranges from 10 to 14 minutes depending on the time of day and the traffic flow. As the Fire Marshal for the City of Palm Desert I am greatly concerned about the safety of our citizens and future home buyers that will be coming to our City. I am sure the people who plan on purchasing these homes are assuming that an adequate level of fire protection is being furnished. If we continue to allow developments such as the Ironwood Country Club to expand on the southern city limits, not only will the property owners at Ironwood suffer from long response times but the entire City will be paying higher fire insurance rates for the deficiencies charged to the Fire Department because of long response times by fire equipment. In the interest of public safety I would hope the Planning Commission will continue this case until such time as the City implements a plan for improved fire protection. For further information refer to the Palm Desert Fire Protection report of March, 1977. If your department and the Planning Commission think this project should be approved without having adequate fire protection the following should be provided: I . Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of 1 RE: Tentative Traci 45565 Page 2 measurement. 2'. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant.. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal ." Very truly yours, Bud Engel Fire Marshal BE/ks i lF SOUTHERN CALIFORNIA !gas COMPANY R.W. RIODELL 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA , • Eastern Division Distribution Planning Supervisor Mailing Address P. O. BOX 2200. RIVERSIDE. CALIFORNIA 92506 June 9, 1977 Location of Wearest Gas fain: Portola & Quercus Land and at Mariposa Dr. & Irontree Dr. City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: TT 5565, Ironwood Country Club This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the projact could be provided from an existing main vrithout any significant impact on the environment. The service would be in ac_ordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arraiUements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of .gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas service will be provided in accord-'nce with revised conditions. ;de have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular protect. If you desire further infotimation on any of our energy conservation programs , please contact this office for assistance. RE CE IV ED JUN101977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT PLANNINNG COMNdISSION RESOLD ION NO. 255 A RESOLUTION' OF THE PLANNING COMINISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDING'S AND RECOiMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT PLNINED RESI- DENTIAL SUBDIVISION ON 62 ACRES OF LAND GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF. IRONTREE DRIVE. CASE NO. TRACT 5565 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from SILVER SPUR ASSOCIATES, requesting approval of a 217-unit planned residential subdivision on 62 acres of land located in the PR-7 zone and situated southerly of and westerly of Irontree Drive, and more par- ticularly described as: A Portion of Section 32 T5S, R6E, SBB&i,l WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Impact Report was previously submitted for Conditional Use Permit 1382; further a Negative Declaration was made on this portion of the project by the Director-of Environmental Services and the appeal period has expired; and WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted and the reports of.-.the various reviewing agencies; and WHEREAS, the Planning Commission did find that the subject Tentative i^ap does substantially comply with the City of Palm Desert Municipal Code and the State of California Subdivision Map Act, as amended; and WHEREAS, the Planning Commission did find that the subject Tentative t'ap does comply with the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true, correct, and constitute the findings of the Commission in this case; 2. That it does hereby recommend approval to the City Council of the City of Palm Desert of the above-described Tentative Map No. 5565, subject to the fulfillment of the attached conditions. CAS` r�e. 5 PLANNING COMMMISSION' RsoLUTIO O. FURTHER, BE IT RESOLVED that the recommended Conditions of Approval do include a recommendation to the City Council that they require compliance to Article 26. 15 of the City's Subdivision Ordinance by dedicating land as specified by Special Condition of Approval No. 2. PASSED, APPROVED, and ADOPTED at a continued meeting of the Palm Desert Planning Commission held on this 2nd day of August, 1977, by the following vote , to wit: AYES: BERKEY, SNYDER, KRYDER NOES: NONE ABSENT : KELLY, READING ABSTAIN: NONE GEORGE BERKEY, CHAIRMAN ATTEST: PAUL A. 'WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION i PLAN"iING CC'<MISSI'ON RESOLUTION 71C. 265 — JULY 5, 1477 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STAIIARD CONDITION ,: I . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedi- cation on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alterna- tives. The approval of the final street names shall be made by the Director of Environmental Services.. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force . 6. The C. C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement .to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings , and adequate fire hydrants with required fire flo,vs shall be installed as recommended by the Fire Department. 8. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the requirements prescribed by the City Fire Marshall ". r 9. Improvement plans for water and se,;ier system shall meet the requirements of the respective service districts. i 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances-. i '. ' IN'G CC"MIS IC RE 0 L,-,.� ! S ,"� � Lei IG,i '!0. 255 CONDITIONS OF APP :OVAL i, 5569, 12. Area shall be annexed to the Coachella Valley Stor,-.rater Unit of "he Coachella Valley County dater District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the development of this tract. 14. The construction of all private streets shall be inspected by the ment and a Standard Inspection Fee shall be paid. Engineering Depart _ 15. Install safety lighting along frontage of Portola as approved by the City Engineer. 16. Drainage facilities satisfactory to the City Engineer shall be pro- vided. These shall be sufficient to maintain at least one lane of traf- fic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allo,,yed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100- year storm. II. SPECIAL CONUITIONS: 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the appli- cant. Such committment shall be made prior to submittal of the Final Tract Mao and transfer of title shall occur in conjunction with the re- cordation of the Final Piap or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a future improvement agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25. 32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshall . 7. All plans and development shall conform to the City of Palm Desert i"?aster Plan of Drainage. 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. 9. Landscaping along the south side of Portola Avenue between ;Mariposa and Quercus Lane shall be completed before any building permits are issued for TT 5565. -2- l RESOLUTION r10. 26r u,iS 0r APPRO'.=.L TT 5505 i 10. Fencing along the south side of Portoia Avenue between irontree Drive and Quercus Lane shall consist of a solid six foot masonry wail . 11 . Sidewalks shall be installed along the south side of Portola Avenue between lrontree Drive and Mariposa Drive. Such Sidewalks shall con or7 ( to the specifications and requirements of the City Engineer. I 12. A Final 11ap shall not be approved covering any portion of the area in- eluded in this Tentative Map until the questions concerning the rout- ing of exterior drainage are resolved to the satisfaction of the City for that particular area. If required by the City, a revised tentative map shall be filed. , 13. Such other conditions as may be adopted by the City Council upon re- commendation of the City Engineer. 14. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of measurement. 15. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along ap- proved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces `of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from-each hydrant. 16. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Mar- shal for review. Upon approval , one copy will be sent to the Buildina Department, and the original will be returned to the developer. 17. The water system plan shall be signed by a registered civil engineer and approved by the grater company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal . " r I -3- (, rr tl J UN 2 2 1978 PPPFPF= June 21, 1978 PALM DESERT CITY HALL CITY CLERK'S OFFICE The Honorable City Council City of Palm Desert P. O. Box 1977 Palm Desert, California 99260 Dear Members of the Council: Re: Tentative Tract 5565 The undersigned respectfully requests an 18-month extension for filing of final maps within Tentative Tract 5565 from August 25, 2978 to February 25, 1980 . Sincerely, SILVER SPUR ASSOCIATES A General Partnership By IRONWOOD CORPORATION Managing General Partner ((ff 111 I t By ,,1 R. L. 'Spi Cr r, President RLS :vb IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 RESOLUTION NO. 78-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA , ACCEPTING THE OFFER OF A PARK SITE OF APPROXIMATELY 15 ACRES FROM THE SILVER SPUR ASSOCIATES , DETERMINING THAT THE SAID DEDICATION ;MEETS THE TOTAL PUBLIC FACILITIES REQUIREMENT FOR THE- PROJECT KNOWN AS IRONWOOD, PURSUANT TO CHAPTER 26 .48 OF THE MUNICIPAL CODE AND AUTHORIZE THE MAYOR TO ENTER INTO ESCROW ON _ THE OFFER AND EXECUTE THE RELATED AGREEMENT. WHEREAS , the Chapter 26 .48 of the Palm Desert municipal Code requires that a minimum of five percent of the land within any subdivision be given to the City as a dedication or as a fee for public facilities purposes; and, WHEREAS, on large projects, which are self-contained and developed incrementally as many subdivisions, the dedication of small individual portions of each subdivision would not provide the City with any usable property to meet the public facilities needs of the project or the community; and, . WHEREAS, the Council believes that an early agreement by the City and developers of large projects to dedicate property of sufficient size and location, in compliance with the City ' s General Plan, to meet or exceed the required for the total project under Chapter 26.48 of the Muncipal Code would be a more logical and reasonable procedure; and, WHEREAS, the Ironwood Country Club - Silver Spur Associates Developers, is such a project; and, WHEREAS , the City Council and Silver Spur Associates have reached an agreement as to a specific site within the Ironwood holdings which would more than satisfy the requirements of Chapter 26. 48 of the IMuncipal Code; and, WHEREAS said site, being 15 . 3 acres more or less located easterly of and adjacent to the intersection of Chia Drive and Skyward Way has been determined by the City Council as the appropriate dedication to fulfill the total requirement of the Ironwood project and provide a two and three tenths acre credit , which would be available and applicable to additional real property which may be subsequently acquired by Silver Spur Associates; and, WHEREAS , said determination is based upon five percent of the remaining developable acres within the Ironwood Project as of August 1, 1977 which is determined to be 261. 83 acres; and, WHEREAS, Silver Spur Associates, by a letter dated march 23 , 1978, did make the above described offer which the City Council did accept by a unanimous minute motion at its regularly scheduled meeting of March 23, 1978; and, WHEREAS , an agreement and escrow instructions , attached hereto and labeled Exhibit A, was developed which include a number of commitments on the part of the City and Silver Spur Associates including the above described commitment . NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert , California, as follows : 1 . That the above recitations are true , correct , and constitute the findings of the Council in this matter. 2 . The public facilities needs of the Ironwood Country Club would be best met by the acceptance of an individual park site at the proposed location . 3. The Mayor is hereby authorized to execute the attached agreement and escrow instructions . RESOLUTION NO. 78-92 Page Two 4 . The City Clerk . is hereby directed to provide all necessary documentation to the escrow company and sufficiently indicate the fulfillment of the City ' s obligations under Paragraph 3 of the Agreement and Escrow Instructions. 5. The Director of Finance is hereby directed to provide the fees as specified in Section 5 of the Agreement and Escrow Instructions to the escrow company. j PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council held on this 13th day of July, 1978 by the following vote, to wit : AYES: Brush, McPherson , Newbrander, Wilson & Mullins NOES : None ABSENT: None ABSTAIN: None ( l �EDLSA 'D D. MULLINS, Mayor r ATTEST: SHEILA R. GILLIGAN, Citq Clerk i CITY COUNCIL RESOLUTION NO. 79- 51 S � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH SILVER SPUR ASSOCIATES FOR IRONWOOD PARK AS ACCEPTED BY CITY COUNCIL RESOLUTION NO. 78-92. WHEREAS, The City Council had previously accepted an offer for a 15-acre park site for Silver Spur Associates by Resolution No. 78-92 subject to conditions; and, WHEREAS, the conditions attached to the offer were not sufficiently clear to allow completion of the transfer; and, WHEREAS, Silver Spur Associates have submitted a First Amendment , attached hereto as Exhibit A, which would clarify these areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert , California, as follows: 1 . The FIRST AMENDMENT is hereby approved. 2. The Mayor is hereby authorized to execute the Amendment on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, ,held on this th day of 1979, by the following vote, to wit : AYES : NOES: ABSENT: ABSTAIN: EDWARD D . MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA /ss H 1 1 (T -L FIRST A11ENDIMEN`I' TO AGREEMENT AND ESCROW -INSTRUCTIONS BETWEEN CITY OF PALM DESERT AND SILVER SPUR ASSOCIATES THIS FIRST AMENDMENT to that certain Agreement and Escrow Instructions entered into as of July 14 , 1978, by and between the City of Palm Desert, California (the"City") , a municipal corporation, and Silver Spur Associates, a general partnership by Ironwood Corporation its managing general partner ( "Ironwood") is made in respect of the following facts: A. In order to satisfy certain conditions to the City's approval of Tentative Tract Map for Tract No. 5565, Ironwood and the City entered into the Agreement referred to above. B. Portions of the Agreement relating to the convey- ance of certain land for use as a fire station and public roadway have been fully performed as of the date hereof and remaining portions relating to the conveyance of certain land for purposes of a public park, together with other obligations of Ironwood, remain to be performed. C. The land. to be conveyed as the site for the public park contains certain areas in which Ironwood may subsequently construct water wells and water pipelines for the purpose of supplying irrigation water to improved residential real property developed by Ironwood and the parties, in the Agreement referred to above, evidenced their mutual intention to provide a means for Ironwood to construct water wells and pipelines in these areas by permitting Ironwood to reserve easements over appropriate portions of the park site to be conveyed to the City pursuant to said Agree- ment. Subsequent to the date of execution of the Agreement, Iron- wood and the City have discovered that it is presently not feasible for Ironwood to obtain corresponding easements over adjacent private property- to enable it to construct pipelines to convey the water that may be produced from wells in the park site to the improved real property which Ironwood has and continues to develop. D. To enable Ironwood to convey the park site and to pro- _ vide a means for continued accessibility to water well sites that may be developed thereon, Ironwood and the City have agreed that i Ironwood shall receive, for purposes of conveying the water from the park site to other portions of the improved real property developed by Ironwood appropriate easements over streets which have previously been deeded in fee to the City. E. To evidence this agreement and to modify the afore- said Agreement between Ironwood and the City to reflect this under- standing, Ironwood and the City desire to enter into this first amendment to the aforesaid Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, the City and Ironwood agree that the above-referenced Agreement shall. be amended in the following respects : 1. Section 3 shall be amended by adding thereto the following paragraph (d) evidencing the obligation of the City to grant easements over certain streets: " (d) Grant easements to Ironwood for the purpose of installing and maintaining one or more pipelines to carry water from one or more wells which may be constructed on the easement, or any portion thereof, reserved in the grant deed in the form attached as Exhibit C to this Agreement, as amended, said easements to be evidenced by an easement deed in substantially the form of Exhibit F to this Agreement, as amended, said pipeline or pipelines to be located at such place or places within the real property subject to the easement granted by the easement deed attached as Exhibit F, said real property burdened by the easement more parti- cularly described in Exhibit F, but commonly known by the street names of Little Bend Trail , Silver Spur Trail, Buckboard Trail and Arrow Trail, as well as the easterly 20 feet of that certain real property described on the grant deed attached hereto as Exhibit A. " 2. Paragraph (b) of Section 6 is amended to read in its entirety as follows: " (b) At the closing, the City' s title to the real property shall be insured by a CLTA Owner's Policy of Title Insur- ance issued by TI with liability in an amount to be determined by the City showing title to the real property vested in the City subject to the matter set forth in paragraph (a) above to the easements rgsgrved in the grant deed attached as Exhibit C. " -2- -rr?- IG 12;,14 C AND WHEN RECORDED NAIL TO 4 AIL TAX S7ATEAL TS TO F CITY OF PALM DESERT P.O. Box 1977 L Palm Desert, CA. 92260 SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed TO 192t CA t t2.74/ THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. The undersigned grantor(s) declare(s): Documentary transfer tax is S ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SILVER SPUR ASSOCIATES , a General Partnership, by IRONWOOD CORPORATION, Managing General Partner, a corporation organized under the laws of the State of California hereby GRANTS to the CITY OF PALM DESERT, a municipal corporation, for park purposes, the following described real property in the City of Palm Desert, County of Riverside . , State of California: That parcel of land, consisting of 15 acres , more or less , more particularly described on SCHEDULE C-1 attached hereto and made a part hereof, reserving to Grantor the easements x adxl)xxf.mheduanc �xra � ctc�xg , x�xcxctx};ts Which affect the portions of the aforesaid real property as more fully- described in Schedule C-2. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its president and Secretary thereunto duly authorized. Dated: STATE OF CALIFORNIA 1 I COUNTY OF SS. By President On before me, the under- B signed. a Notary Public in,and for said State. personally appeared y Secretary . known to me to be the President, and SILVER SPUR ASSOCIATES , a General known to me to be Partnership, by IRONWOOD CORPORA— Secretary of the Corporation that executed the TI ON, Managing General Partner within Instrument. kltnwn to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me Iltar such Corporation executed the within Instru ment pursuant to its ljy•laws or a resolution of its board of directors. WITNESS my hand and official seal. t Signature_ _ EXHIBIT C (This are• for oRietol nol aril •eaq Title-.. ()t,1,•r \`.L------ — --- -- ----- - .Escrow_ or Vo. n Nn._------------ -- — 3. The form of grant deed by which Ironwood will grant to the City the park site is amended to read in its entirety as set forth on amended Exhibit C, attached to this First Amendment. 4. There shall be added to the Agreement a new Exhibit F. in the form attached hereto as Exhibit F. 5. Except as amended, the remaining terms of the above- referenced Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this First Amendment this day of 1979. Attest: CITY OF PALM DESERT, a Municipal corporation, by City Clerk Mayor ApprovecL-�; to form: i City Attorney SILVER SPUR ASSOCIATES, a general partnership, by IRONWOOD CORPORATION, its managing general partner, By R. L. Spicer, President -3- D E S C R I P T I O N THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS : THE EASTERLY 15 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 29 , TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN: EXCEPTING THEREFROM THE NORTHERLY 330 FEET THEREOF: ALSO EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION. EXCEPT FROM SAID 15 ACRES THE WEST 100 FEET OF THE SOUTH 100 FEET OF THE NORTH 430 FEET . THEREOF. A PORTION OF SAID PROPERTY IS INCLUDED WITHIN LOT "G" OF SILVER SPUR RANCH UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 30 PAGES 52, 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THE LOCATION OF THIS LAND IS GENERALLY SHOWN ON ATTACHED APPENDIX C-2-B SCHEDULE C-1 In conveying the real property by the grant deed to which this schedule is attached, Grantor reserves , for itself, its •agents , assigns, successors in interest and other persons it may designate , an easement over the real property more specifically described on Appendix C-2-A attached hereto for purposes of constructing and maintaining one or more water wells at such place or places as Grantor may determine and installing and maintaining one or more pipelines to carry water from such well or wells, said pipeline or pipelines to be located at such place or places as Grantor shall determine. Grantor reserves the right of ingress and egress to, over and under the land subject to this easement and contiguous portions of the real property conveyed by the Grant Deed to which this Schedule is attached for itself, its agents , and other per- sons whom it may designate for purposes of erecting, building or placing pumping and similar equipment as may be required in the construction and use of the water well (s) and for purposes of constructing, installing, repairing and maintaining the water wells and pipelines . The easement herein reserved is for the benefit of and is an appurtenance to each parcel of land and the improvements constructed or to be constructed thereon, located within that certain development in the City of Palm Desert, Cali- fornia, commonly known as the Ironwood Country Club. It is in- tended to be appurtenant to and run with the land and shall bind and inure to the benefit of the successors in interest and assignees of the parties hereto. The location of the easements is generally shown on attached Appendix C-2-B. SCHEDULE C-2 T' DESCRIPTION 1. (Little Bend Trail on Park Site Frontage) That portion of Lot "G" lying within the West one-half of the Southeast one-quarter of the Southwest one-quarter of Section 29, Township 5 South, Range 6 East, San Bernardino Base and Meridian, as shown by map of Silver Spur Ranch Unit No. 1 filed in Book 30, Pages 52-54 of Maps, Records of Riverside County. 2 . (100 x 100 Foot Net Area at Southwest Corner of Park Site) The Southerly 160 feet of the Westerly 150 feet of the East 15 acres of the following described property: The South one-half of the Southwest one-quarter of Section 29, Township 5 South, Range 6 East, San Bernar- dino Base and Meridian; EXCEPTING the Northerly 330 feet; - ALSO EXCEPTING the East one-half of the South- east one-quarter of the Southwest one-quarter of said Section. EXCEPTING therefrom the Westerly 50 feet and the Southerly 60 feet thereof. 3. (Westerly 50 Feet of Park Site) The Westerly 50 feet of the East 15 acres of the following described property: The South one-half of the Southwest one-quarter of Section 29, Township 5 South, Range 6 East, San Bernar- dino Base and Meridian; EXCEPTING the Northerly 330 feet; ALSO EXCEPTING the East one-half of the Southeast quarter of the Southwest quarter of, said Section. EXCEPTING therefrom the following described portion: Beginning at a point 330 feet South of the Northwest corner of and on the West line of the Southeast _ APPENDIX C-2-A, Page 1 of 2 one-quarter of the Southwest one-quarter; thence East 100 feet along a line parallel to the North line of said Southeast one--quarter of the Southwest one-quarter; thence South 100 feet, along a line parallelfto the West line of said Southeast one- quarter of the Southwest one-quarter; thence West 100 feet to the West line of said one-quarter; thence North 100 feet along the West line of said Southeast quarter of the Southwest one-quarter to the point of beginning. 4. (100 x 100 Foot Area Adjacent to Well Site) The Northerly 200 feet of the Westerly 100 feet of the East 15 acres of the following described property: The South one-half of the Southwest one-quarter of Section 29, Township 5 South, Range 6 East, San Bernardino Base and Meridian; EXCEPTING the Northerly 330 feet; ALSO EXCEPTING the East one-half of the Southeast one-quarter of the Southwest one-quarter of said Section. EXCEPTING therefrom the following described portion: Beginning at a point 330 feet South of the Northwest corner of and on the West line of the Southeast quarter of the Southwest one-quarter; thence East 100 feet along a line parallel to the North line of said South- east one-quarter of the Southwest one-quarter; thence South 100 feet, along a line parallel to the West line of said Southeast one-quarter of the Southwest one- quarter; thence West 100 feet to the West line of said one-quarter; thence North 100 feet along the West line of said Southeast one-quarter of the Southwest one-quarter to the point of beginning. The location of the easements is generally shown on attached Appendix C-2-B. APPENDIX C-2-A, Page 2 of 2 Rrcor 7.i.n 3 �: _c�>>ested i-)y and :hen i.-ecorc3ed w.ai_l t(D : I):onwood Country C1103 49-200 Mariposa Palm Desert, CA 92260 Attention : R.E. Tuve•11 Mail tax statements to : Ironwood Country Club 49-200 Mariposa - Palm Desert, CA 92260 Attention: R.E. Tuvell EASEMENT DEED FOR VALUABLE CONSIDERATION, the City of Palm Desert, California a Municipal corporation ( "Grantor") hereby grants to Silver Spur Associates, a California general partnership, composed of Ironwood Corporation, a California corporation, and Cairntrust Company, a Delaware corporation, ( "Grantee") an easement, over, under and across those certain -parcels of real property described more specifically on Exhibits F-1 and F-2, attached hereto, for the purposes of constructing, installing and maintaining one or more pipelines to carry water from water wells constructed or to be constructed by the Grantee or other existing or future wells constructed on land located on a northerly and westerly direction fro{n the land burdened by the easement hereby granted, said pipeline or pipelines to be located at such place or places as the Grantee may determine within the real property burdened by these easements. Grantee shall have the right of ingress and egress to, over and under the land subject to the easements hereby granted and contiquous portions of the real property owned by Grantor for the benefit of Grantee, its agents and other persons whom it may designate, for purposes of constructing, installing, repairing and maintaining such pipelines and related equipment. The easements hereby granted are for the benefit of and are appurtenant to each parcel of land and the improvements constructed or to be constructed thereon, located within that certain development in the City of Palm Desert, California, commonly known as the Ironwood Country Club. This easement shall be an easement running with the land and shall be bind- ing upon the successors and assigns of Grantor and Grantee. IN WITNESS. WHEREOF, Grantor has executed this Easement Deed as of the day .of 1979. ATTEST: CITY OF PALM DESERT, a Municipal Corporation City Clerk By Mayor Approved as to form: City Attorney EXHIBIT F c a • 71-4 1 \ j YI -Z t mv n Zl lh 6 � �Es�i C'4LCLEC. S , , i�gTErD DE3iYlf (a,cWiz ) j3Zs POLE /,yE � �.. Mf-'C L.EC EL- I � I I i f i . 3 I ' 1 ' •� i vl 4- INn 1 1 140 rh IL �. - �i - -- - -- i ct Tv IT ra I >C, <o ,. eo V1, ( - N I - _ i _ - - -- j. DESCRIPTION (Streets in Silver Spur_ Ranch Subdivisions) 1. Lot "A" (Little Bend Trail) as shown by map of Silver .Spur Ranch Unit No. 1 as filed in Book 30 , Pages 52-54 of Maps, Records of Riverside County. 2 . Lots "E" (Silver Spur Trail) , "G" (Buckboard Trail) , and "A" (Arrow Trail) as shown by map of Silver Spur Ranch Unit No. 2 as filed in Book 33, Pages 2 and 3 of Maps, Records of Riverside County. 3. Lot "A" . (Buckboard Trail) as shown by Map of Tract 2521 filed in Book 47, Pages 39 and 40 of Maps, Records of Riverside County. 4. (Easterly 20 Feet of Fire Station Site) The Easterly 20 feet of that portion of the Southwest one-quarter of the Northwest one-quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base .and Meridian, described as follows : BEGINNING at the Northeast corner of Parcel 1 as shown by Record of Survey filed in Book 59, Pages 39-42 of Records of Survey, Records of Riverside County; THENCE South 00 44 ' 49" East, along the Easterly line of said Parcel 1 and Southerly prolongation thereof, 233.47 feet; THENCE South 870 37' 17" West, 9. 78 feet; THENCE North 590 10' 46" West, 394 . 72 feet to a point on a 544 foot tangent curve concave to the Southwest; THENCE Northwesterly along said curve through a central angle of 7° 30 ' 2711 , 71. 28 feet to a point on the North line of said Parcel 1. THENCE North 891 53 ' 22" West, along the North line of said Parcel 1, 409. 13 feet to the point of beginning. The location of the easements is generally shown on Exhibit F-2-A and F-2-B. EXHIBIT F-1 ORIGINAL OFFER �D. w Tt7 710 tm— rT-` r3 N, N N m D a o r' w fi o r y N.T.S. At In 0 ow. �N by - n - r a " � ti\t. c-N rn W cn - Ni w b T 7p �p m is --t n o •RY• Z N 0 713 rn 'SSA'v!1'� 4/.42 �p r- [� i A CA o � z � N n S 7 ♦ 1 i EAST LIIJr P,.(zGE't At0'+4'4Tv4 233.4-7 r March 23, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Dear Members of the Council: In accordance with the Subdivision Provisions of the Municipal Code and the proposed Parks and Recreation Element of the Palm Desert General Plan, Silver Spur Associates wishes to offer a site within its 15 acre property located generally between Haystack Road and Little Bend Trail subject to certain conditions listed below; and to other conditions currently being discussed with Mr. Paul Williams , Director of Environmental Services, which are in the nature of details relating to timing, the sequence of partial conveyances and other technical matters which will require some additional time to properly define. It is expected that all such details can be resolved within 30 days . This offer is based upon the following assumptions and conditions: 1. IRONWOOD'S current and projected park requirement will not exceed 13 acres for the total development, the boundaries of which are defined on Exhibit "A" , dated 2/28/72, to Conditional Use Permit 1382 . 2. Any surplus of land dedicated for a park in excess of the 13 acre requirement can be credited to the park requirement of any additional land that Silver Spur Associates may acquire. 3. A site not exceeding 10,000 S.F. will be reserved for a water well and pumping system to provide additional irrigation water for IRONWOOD. In addition, the City will obtain a utility ease- ment in which a water transmission pipe can be located to provide a connection between the well-site and IRONWOOD'S northerly property line. IRON'VVOOD 49-200 MARIPOSA DRIVE PALNvt DESERT CALIFORNIA 92260 (714) 346-0551 The Honorable City Council -2- March 23, 1978 The dedication of this 13 acre site will fully satisfy present and future requirements and no further requirements including site improvements, maintenance or other fees will be imposed. Sincerely yours, SILVER SPUR ASSOCIATES, A General Partnership By: IRONWOOD CORPORATION, Managing General Partner 1 , By: R. L. S�icer, President RLS/jmc -. "s:'._�#::'�'� - r."•`=aJ -w-. .�, `. riti-�:ra..:'1.i`r 1.-i-. .n.: v l'�:.t..-.: _>.e-�_ Y - t,:_ -_•�.. �`FY�i4n'.sy�v:.a.-T•�.weV.a+✓`-+-+Y^'Y"C_ s.-��e _e•• ~a+•_�_r_ aI'v� �" ] `�. +•. � _ .. Qq v 'b 'I 1 f 2 ti �J 4 Q C. i 41 'I n W a ;� _; _.+:; .� x = a i_;'3 tiYw� ^,cam `• � n (,� { n +a �o� i � j{ • V v 1 e R� r' 1ppc� C� LETTER OF JUSTIFICATION FOR AMENDMENT April 30, 1979 Mr. Paul Williams, Director of Environmental Services City of Palm Desert 45-275 Prickley Pear Lane Palm Desert, Ca. 92260 Re: Amended Agreement for Park Site Dear Mr. Williams: Please find enclosed a First Amendment to the Agreement relating to the park site. There are two principal reasons for amending the original agreement. As you may recall, at the time the Agreement was entered into we both expected that an easement could , be obtained across private property (Tentative Tract 13581) for water lines to connect the potential wells within the park site to Ironwood Country Club. Since such an easement was not forthcoming, the alternative is ' to construct the water lines in public streets through Silver Spur Ranch and thus the Amendment provides for this. It also includes an easement on the easterly 20 feet of the fire station site which would be used only if' we are subsequently successful in obtaining the easement in Tentative Tract 13581. The other principal reason for this Amendment is to precisely identify the easements within the park site which may in the future contain water wells and pipelines. If the enclosed documents are satisfactory, I will have an original grant deed prepared and executed and original easement deeds prepared for the City to execute. IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 April 30, 1979 Mr. Paul Williams Page 2 If I can be of any assistance, please do not hesitate to call me. Very truly yours, I R. L. icer President Enclosures RLS/ss . J P,ES0LU T TON `10. 77-39 A RESOLUTION OF THE CITY COUNCIL OF THIE CITY OF PALM DESERT, CALIFORNIA, SETTI';G FORTH ITS FINDINGS AND APPROVING A TENTATIVE MAP TO ALLOtJ FOR DEVELOPMENT OF A 217-UNIT C051DOMINIUM PP•OJECT ON A.PPROXIMATEL`! 62 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IP,ONTP,EE DRIVE AND BEING A PORTION OF THE IRONWOOD COUNTRY CLUB. CASE NO. TT 5565 iWHEREAS, the City Council of the City of Palm Desert, d did recei ,✓e a verified application from SILVER SPUR ASSOCIATES requesting approval of a Tentative P1ap to allow for development of a 217-Unit Condominium Project on approximately 62 acres of land, generally located southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club more particularly described as: APN 631-250-002, 008, O11 APN 631-270-008, 018 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" in that the Director of Environmental Services has determined that an Environmental impact Report is unneeded to meet the requirements of CEQ,A as the proposed tract is part of an ongoing project and there has been no substantial change in either the project or the circum- stances under which the project is to be undertaken, and; WHEREAS, the City Council did take into consideration the Tentative ,"lap as sub- mitted, and the reports of the various reviewing agencies, and; WHEREAS, the City Council did find that the subject Tentative Map does sub- stantially comply with the City of Palm Desert Code, and the State of California Sub- division Map Act, as amended; WHEREAS, the Planning Commission did find that the Subject Tentative Map does comply with the adopted General Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; - 2. That it does hereby approve the above described Tentative Map No. TT 5565, subject to fulfillment of the attached conditions: PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on the 25th day of August, 1977, by the following vote , to wit: AYES: McPherson, Wilson & Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: None A�NS, DWARD D. MUyor ii l-- ATTEST: v ) SHEILA R. GILLI AN, City - erk RESOL: 1ON NO. 7 7- 3> CO'+'DI IONS OF APPRO'VI_',L CASE '10_ TrAC; 5565 I. STANDARD CONDITIONS: I . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedica- tion on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the. Director of Envircn- mental Services. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements , limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force. 6. The C.C. & R's for this development shall be submitted to the City Attorney for reviewand approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project. will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c.. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during construction period , the subdivider shall maintain passable vehicular access to all buildings , and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the re— quirements prescribed by the City Fire Marshal ". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easement required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 12. Area shall be annexed to the Coachella Valley Storniater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1332 shall be met as a part of the develop- ment of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. I� R ES0L- 1 i Vil 7i 0. 7✓-,`J'_' CONDITIONS OF APPRO'.,,- CASE '10. `T 5565 I . STANDARD COND ITT OiS (Continued) 15. Install traffic sa ty ghting along frontage of Portola as a:,crovea Iv/ the City Engineer. II. SPECIAL CONDITIONS: I . The total number of dwelling unit lots shall be limited to 217 . 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Mao and transfer of tital shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a Future Improvement Agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval o.f the City Fire Marshal . 7. Drainage facilities shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 1C0-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from Drainage Area No. 5. Said drainaae area is described in the Proposed City Master Plan of Drainaae dated June, 1976. This schedule for construction shall be subject to approval of the City. 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. From the outset of construction of the tract, complete dust control shall be maintained. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board process. 11 . Sidewalks shall be the subject of a Future Improvement Agreement executed prior to approval of Final Tract Map for their installation within a period of five (5) years if determined by Council to be necessary, and subject to review in all events ay the end of five years to determine if installation is necessary at all . The Future Improvement Agreement shall be subject to approval by the City Attorney. 12. Approval of each final map will require certification from the C.rl.C.!J.D. that the tract is safe from exterior storm water risk. 13. Install a water system capable of delivering 2000 GPM fire flow for a t,.,Io (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 1 P.ESOLUTiOiJ ,JO. 77-89 CONDI T;C'JS OF APPROVAL CAS_" lir. TT 550 �Iane ill ee iI . SPECIAL CON DITTOIS : (Continued) 14. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to an building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 15. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 16. Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm. Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recor- dation of the Final Map or at a later date to be specified by the City of Palm Desert. 17. Storage space fora minimum of eight (8) automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. i CITY OF PALM DESERT STAFF REPORT To: Honorable Mayor and Members of the City Council Report On: Tentative Tract for a Single-story 217-Unit Condominium Development Applicant: SILVER SPUR ASSOCIATES Case No. : TT 5565 I. REQUEST: Request for approval of. a Tentative Tract for a single-story, 217-unit condominium development on approximately 62 acres of land located southerly of and westerly of Irontree (private street) Drive and being a portion of the Ironwood Country Club in the PR-7 (Planned Residential-(Iaximum 7 Dwell - ing Units Per Acre) Zone District. II . STAFF RECOMMENDATION: By Resolution No. 77ti9 , approve the Tentative Tract subject to compliance to conditions. Justification is based upon the following: 1 . Planning Commission recommendation of approval by Resolution No. 265. 2. The subject Tentative Map does comply with the adopted Palm Desert General Plan. 3. The subject Tentative Map .does substantially comply with the City of Palm Desert Code and the State of California Subdivision Map Act, as amended. III. BACKGROUND: A. Location: Southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club. B. Size: 62 Acres C. Number of Units: 217 D. Density: 3.5 Dwelling Units Per Acre E. Type of Units: This project will contain 217 condominium type dwellings in both single-family detached and duplex structures. F. EIR Finding: The provisions of CEQA .have been complied with, and there has been no substantial change in either the project or the circumstances under which the project is to be undertaken. G. Existing Zoning: PR-7 H. Adjacent Zoning: PR-7 and PR-7,D I. General Plan: The Palm Desert General Plan indicates this area to be potential medium density residential (5-7 d,.velling units per ,acre) . J. Proposed Lots : Typical duplex lots will contain between 4,000 and 4,500 square feet. Typical single-family detached lots will con- tain between 5,000 and 6,000 square feet. Case No. 75565 August 19, 1977 Page Two IIl. BACKGROUND: (Continued) K. Proposed Street Improvements : - extension of Portola Avenue to Irontree Drive - extension of Irontree Drive to Portola Avenue - extension of Boxthorn Lane including construction of two cul-de-sacs not named as yet - extension of Foxtail Lane including construction of two traffic circles and one cul-de-sac not named as yet - extension of Mariposa, including construction of one cul -de-sac and one traffic circle - construction of a new street and cul-de-sac north of Mariposa Drive and south of Irontree Drive, not named as yet - extension of Quercus Lane and construction of one cul-de-sac. IV. DISCUSSION: Tract No. 5565 is the most recent phase of the Ironwood Country Club develop- ment. This phase consists of 217 single-story detached and duplex homes to be located on approximately 62 acres. The density of this phase is approxi- mately 3.5 dwelling units per acre, far below the density permitted in the PR-7 zone. The design of this phase is similar to the previous phases Tract No. 5554 and Tract No. 5796. With the exception of Portola Avenue, all streets and access easements will be constructed and maintained as private streets and drives by property owners ' associations in accordance with covenants, con- ditions, and restrictions as in previous phases. On-site storm waters are proposed to be carried by the private street system, with residences being elevated above flowing water levels as they are in the existing phases. Potential off-site drainage from the west will be intercepted by an adjacent golf fairway and subsequently routed to adjacent streets. Land- scaping and golf course improvements are proposed to be constructed adjacent to the existing levee in order to. serve as a buffer area for additional drain- age protection. The applicant is proposing to record and construct the subject tract at one time. Staff had originally recommended to the Planning Commission that they deny the request for approval of the Tentative Tract without prejudice. Staff, believed that in light of the City Engineer's Memorandum of June 28, 1977 which implied that the pending report on Storm Drainage and Flood Control being contracted for by the CVCWD might affect the design of the proposed tract and in light of the City Fire Marshal 's letter of June 21 , 1977 which indicated that fire protection is inadequate in the subject area and addi- tional development in the area would be detrimental to the public safety, there was no alternative but to recommend denial without prejudice. At the Au- gust 2, 1977 Public Hearing, the Tentative Tract was approved by Planning Commission Resolution No. 265 subject to a revised set of conditions which now contained a new Special Condition No. 12 which satisfied both the Com- mission and the City Engineer that concerns regarding flood control issues :could be addressed. As the City Fire Marshal was unable to be present at the August 2, 1977 Public Hearing, it was difficult to determine whether the addition of several new conditions would address the concern of the City Fire Marshal regarding inadequate fire protection in the subject area. A subsequent meeting between Staff and the City Fire Marshal indicated that the City Fire Marshal was clearly not satisfied that Special Conditions No. 14. 15, 16 and 17 contained in Planning Commission Resolution No. 265 properly addressed his previously expressed concern regarding the inadequacy of fire protection. Case No. TT5565 August 19, 1977 Page 7- IV. DISCiiSS1ON: C Since the August 2nd Public Nearing, staff has met with the City -Fire i'darshal City Manager, a representative of the City Engineer and the applicant in an attempt to resolve most of the problems associated with the case. Staff is confident that the proposed modifications to the Conditions of Approval which were approved by Planning Commission Resolution No. 265, which are described below, will adequately address the two major issues; storm water flow and fire protection. Staff is , therefore, recommending that the City Council ap- prove the Tentative Tract subject to a revised set of Conditions of Approval to be modified as follows: A revised Standard Condition No. 15 to read as follows : Install traffic safety lighting along frontage of Portola as approved by the City Engineer. A new Special Condition No. 7 to read as follows: Drainage facilities shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. . Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from drainage area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainaae, dated June 1976. This sche- dule for construction shall be subject to approval of the City. A new Special Condition No. 8 to read as follows: Applicant shall fully improve Portola Avenue on the south side bet- ween Mariposa and Irontree Drive. From the outset of construction of the tract complete dust control shall be maintained. A modified Special Condition No. 9 to read as follows: Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. A revised Special Condition No. 10 to read as follows : Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board Process. A new Special Condition No. 12 to read as follows : Approval of each final map will require certification from the CVCWD that the tract is safe from exterior storm water risk. The deletion of Special Condition No. 13 , resulting in Special Condition No. 14 becoming No. 13 Special Condition No. 15 becoming No. 14 Special Condition No. 16 becoming No. 15 The deletion of Special Condition No. 17 resulting in A new Special Condition No. 16 to read as follows: Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. Case No. TT 5-5-6J August 19, 1977 Pace IV. DISCUSSION : (Continued) A New Special Condition No. 17 to read as follows : Storage space for a minimum of eight automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. V. CONTENTS: A. Suggested City Council Resolution 77-89 B. . Report of Planning Commission Action C. Planning Commission Resolution No. 265 D. Correspondence from Outside Agencies and Departments E. Correspondence received from interested citizens . '. �. ESTABLISHED IN 1918 AS A PUBLIC A Y W . COACH ELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 • TELEPHONE(7I4)398-2651 DIRECTORS OFFICERS RAYMOND R. RUMMONDS, PRESIDENT - - LOWELL O. WEEKS, GENERAL MANAGER-CHIEF ENGINEER C.J. FROST H. LEACH, VICE PRESIDENT -" OLE J. NORDLAND, SECRETARY C.J. F0.OD - WALTER R. WRIGHT. AUDITOR WILLIS CODE GAS - - June 15, 1977 REDWINE AND SHERRILL, ATTORNEYS WILLIAM B. GARDNER � ' • File: 0163. 11 1 , Department of Environmental Services 4 City of Palm Desert . P. 0. Box 1648 Palm Desert, California 92260 Re: Tract TT5565 Sec. 32, T5S, R6E Gentlemen: This area is protected from stormwater flows by a system of channels and dikes built and maintained by this District. This area may be considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to said area in accordance with the currently prevailing regulations of this District. This area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. Very trufly yours, i' , Z LL� ut•� , Z }. '~•,S � �yi��y,' L , �E� � '�.� � �Z��T'-;'l'.~ S .:ti��x i .-C Lowe -0. Weeks . General Manager-Chief L gineer KEH:vh cc: Health Department 46-209 Oasis St. Indio, California 92201 RMGC9VED JUN 171977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT • , 5 ii�i�I2:?9.TF'...��:�..T'Jf3= iL'r..�:5i�.'•�17�1 L:� �".'?L'u=i:}3Tl:;a 83.793 AVENUE 17•IN'010,CAUFDRNIA 9"1201 -714 341.2711 IN REPLY REFER TO June 13, 1977 6761E Department of Environmental Services P. 0. Box 1648 Palm Desert, California 92260 Attention Paul A. Williams Gentlemen Reference Case No. TT 5565 (Ironwood C. C. ) The General Telephone Company will provide the telephone distribution facilities to and within the subject tract in accordance with its cur- rent tariffs as approved by the California Public Utilities Com:rission. The developer will be required to deposit the full cost of these facili- ties under certain conditions as outlined in the above mentioned tariffs. These facilities will be underground unless extreme or unusual conditions arise. No single subdivision will affect the telephone rates as rates are developed over a large base. We have no expertise on the asthetic impact of trenching and cannot comment on this subject except to state that the distribution facilities will be placed in a joint trench with other utilities wherever possible. Sincerely yours RECEIVED Engineer III JUN 14 1977 ENVIRONMLN7AL SL.,VICES EAO:GJC CITY OF PALM DESERT Enclosures A,)art of General Tetephona&Electronics , I = � Desert Sands Unified School District m 6ERMUDA DUNES o r INDIAN WELLS H 83-049 AVENUE 46 INDIO. CALIFORNIA 92201 • (714) 347.8632 PALM DESERT ., . . LA OUINTA �a - �p.%0 INDIO y'D .. - .- .. June 15,.:1977 y Re CASE N0: TT 5 Paul A. Wi11iams '^ Director of Environmental Services ` ' _- City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 - Dear Sir: Tentative Tract Map, CASE NO: TT 5565, has been examined and the Desert Sands Unified School District staff believes that no significant number of persons of school age will: , reside in the tract as it is described. Sincerely, Harold Schoenfeld, Sup ntendent By: ger M. Harlow, Coordinator r•. -, ild Welfare and Attendance T Y RMH/br ; s • .. _ REC -C � AIN 171977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT " ALEXANDER BOWIE 610 NEWPORT CENTER DRIVE • SUITE 1220 NEWPORT BEACH,CALIFORNIA 92660 June 30, 1977 Mr. R. L. Spicer, President IRONWOOD COUNTRY CLUB 73-590 Dalea Lane BOY 1727 Palm Desert, CA 92260 Dear Mr. Spicer: Previously, I received information pertaining to my condominium at Ironwood Country Club from Mr. Richard Weagley, President of the Board of Directors of Ironwood Owners Association R2. I had made it a point since purchasing my condominium to remain detached from the activities of the community association and I think, to a large degree, from matters pertaining to the development of your Project herein referred to as . Ironwood Country Club. From time to time, you hear many people complain about certain activities either at the golf course or in regard to Ironwood Country Club. I think that these comments, in part, relate to the Club facilities being operated as a public restaurant and the golf course being operated as a public facility although it was my understanding at the time I purchased my condo- minium that it was a private club for which I was required to purchase a membership. The effect of this is to overload the facilities as far as those who like to play golf and tennis at their convenience and under desirable circumstances. The people that I am personally acquainted with who have become quite irritated and concerned over this have done so over outside public use of private facilities intended for use by condo- minium owners. The result of this has been for them to attempt to have the community association RECEIVED JUL - 51977 ENVIRONMENTAL SERVICI S CITY OF PALM DESERT Mr. R. L. Spicer June 30 , 1977 Page Two restrict the ability of people to rent their condominiums except on terms and conditions acceptable to the community association. I doubt that this is within the powers of the community association although I have not looked at the covenants, conditions and restrictions nor any other documents. I don't know that I am necessarily opposed to it, however, it does diminish the value of the condominium purchased by someone as the person that might purchase my condominium might feel otherwise. Hence, it would seem that now or in the near future, this is going to have to be resolved, if necessary, by the initiation of a declaratory relief action involving the community association as well as your business concern which has formulated and marketed this particular project. Rather than people becoming unhappy with their ability to use the recreational facilities at Ironwood, it would seem more desirable to ensure that adequate recreational facilities are constructed, operated and maintained for the people who purchase a condominium. The Club should not be conducted as a public facility. Obviously, one way of doing this would be to charge the members fees for use of the Club in order to generate enough money so that it would not be necessary for the Club to open its facilities to the general public in order to minimize what no doubt is a negative cash flow. Also this would mean that people who use the golf facilities a great deal would be paying the cost of operating those facilities which they use. As a nongolfer and somebody who probably uses the golf course no more than a dozen times in any one year, it would seem to me that I am subsidizing their activities while their solution to the problem is to restrict the ability of someone such as myself to rent my condominium except on terms and conditions as satisfactory to them. The present limitation might be something to which I would not object at this point in time, whereas, if this is permissible it would be equally permissible to establish a Mr. R. L. Spicer June 30 , 1977 Page Three minimum two week or thirty day or two month rule. Assuming any authority to do so which I doubt, threw to four days would be all that I think is reasonable. It would be my belief that as items pertaining to future development at Ironwood Country Club are considered for approval by the City of Palm Desert, such as Tract 5565 , it would be necessary to condition any further development at Ironwood Country Club on concurrent resolution of this problem or concurrent construction of substantial additional recreational facilities so those who have been sufficiently inconvenienced to attempt to take this rather stringent action by the community association will have a more realistic solution to their problem. Toward this end, the last time I was in Palm Desert I went to the City of Palm Desert and requested a copy of the Environmental Impact Report (EIR) on Ironwood Country Club as I thought that it would more adequately describe I me the overall concept for the development of Ironwood Country Club. There. is not a copy in existence at the City Hall. Would you please send me a copy to review--I will return it to you. I wanted to try to find out whether it really was the type of development which I thought I had purchased or whether it was contemplated to be a public golf course, public restaurant-type of operation. I was advised that the County of Riverside did an EIR in 1972 or 1973. I do not think this will suffice. I do not concur in the conclusion that the previous EIR is adequate for approval of further segments of the Project at this time. In order for such to be the case, it will necessitate a finding that there is no substantial change in the project nor any sub- stantial change in the circumstances in which the Project is situated. That is not the case from a factual standpoint and the EIR is intended to Mr. R. L. Spicer June 30, 1977 Page Four ad=ess exactly the type of problem which has precipitated the action of Ironwood Owners Association #2. Very truly yours, By Alexander Bowie AB:ds cc: Mr. Paul Williams City of Palm Desert Mr. Ray Poliquin Director Ironwood Owners' Assoc. #2 Mr. Richard Weagley 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(TI4) 346-0611 nA x *44 Brown, James, Bro ell, Robert., ,Devries-, �a Ary an/an et al 9454 Wdeverllif. 90212 V0T C. _'eFF .�j1"1b� 'O.S.POSTAGE AUG 977 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 " - -. ��KI+;>� "�• ,� TELEPHONE(714) 346-06117. ` / i.i .•v.�. .s.k:�;•. :: LE AS UNABLE t:5 i'it f•�y1;'.• e( t s �-GHVvAfiD + i Raymond and Kri ine Malz2Y' •- ...,,, '( 13-065 Mindanao y "'•""'"--- ••-"...�•. ,_,,„• Marina el Rey, Ca if. 90291 f 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: August 9, 1977 LEGAL NOTICE CITY of PALM DESERT TENTATIVE TRACT MAP FOR A 217-UNIT MEDIUM DENSITY RESIDENTIAL PROJECT, PART OF THE IRONWOOD COUNTRY CLUB DEVELOPMENT. + CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by SILVER SPUR ASSOCIATES for approval of a Tentative Tract Map for a 217-Unit Medium Density Residential project, part of the Ironwood Country Club Development, more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 AVENUE f // /'lti c .•—. ;�_ �% {off /..J / a-y;':,\ ill .'-°a,!,I_•a•ce // CARRIAGE TRAIL) a -- --- . _, - TT 5565 In KA RECEIVED AUG 16 IS77 ENVIRONMENTALC OF PALM DESERT SERVICES SAID Public Hearing will be held on -:Thursday, August 25, 1977 at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT PUBLISH: August 11 , 1977 Palm Desert Post h RESOLUTION NO. 77-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT CONDOMINIUM PROJECT ON APPROXIMATELY 62 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE AND BEING A PORTION OF THE IRONWOOD COUNTRY CLUB. CASE NO. TT 5565 WHEREAS, the City Council of the City of Palm Desert, did receive a verified application from SILVER. SPUR ASSOCIATES requesting approval of a Tentative Map to allow for development of a 217-Unit Condominium Project on approximately 62 acres of land, generally located southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" in that the Director of Environmental Services has determined that an Environmental Impact Report is unneeded to meet the requirements of CEQA as the proposed tract is part of an ongoing project and there has been no substantial change in either the project or the circum- stances under which the project is to be undertaken, and; WHEREAS, the City Council did take into consideration the Tentative Map as sub- mitted, and the reports of the various reviewing agencies, and; WHEREAS, the City Council did find that the subject Tentative Map does sub- stantially comply with the City of Palm Desert Code, and the State of California Sub- division Map Act, as amended; t WHEREAS, the Planning Commission did find that the Subject Tentative Map does l comply with the adopted General Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That it does hereby approve the above described Tentative Map No. TT 5565, subject to fulfillment of the attached conditions: PASSED, APPROVED and ADOPTED at a regular meeti.ng .of the Palm Desert City Council held on the 25th day of August, 1977, by the following vote, to wit: AYES: McPherson, Wilson & Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: None D R4DLflaw , Mayor ATTEST: SHEILA R. GILLI AN, City Werk y� ^ RESOLUTION NO. 77- 89 August 25, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: 1 . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedica- tion on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the Director of Environ- mental Services. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force. 6. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and .purposes of the approval : a. The document to convey title. b. Covenants and .restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the re- quirements prescribed by the City Fire Marshal ". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All-dedicated land and/or easement required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the develop- ment of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. RESOLUTION NO. 77-89 CONDITIONS OF APPROVAL CASE 'NO. TT 5565 Page Two I. STANDARD CONDITIONS: (Continued) 15. Install traffic safety lighting along frontage of Portola as approved by the City Engineer. II. SPECIAL CONDITIONS: 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of tital shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a Future Improvement Agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshal . 7. Drainage facilities shall be .sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from Drainage Area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainage dated June, 1976. This schedule for construction shall be subject to approval of the City. 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. From the outset of construction of the tract, complete dust control shall be maintained. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board process. 11 . Sidewalks shall be the subject of a Future Improvement Agreement executed prior to approval of Final Tract Map for their installation within a period of five (5) years if determined by Council to be necessary, and subject to review in all events ay the end of five years to determine if installation is necessary at all . The Future Improvement Agreement shall be subject to approval by the City Attorney. 12. Approval of each final map will require certification from the C.V.C.W.D. that the tract is safe from exterior storm water risk. 13. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. RESOLUTION NO. 77-89 CONDITIONS OF APPROVAL CASE NO. TT 5565 Page Three II . SPECIAL CONDITIONS: (Continued) 14. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 15. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 16. Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recor- dation of the Final Map or at a later date to be specified by the City of Palm Desert. 17. Storage space for a minimum of eight (8) automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. RESOLUTION NO. 77- 89 August 25, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: I . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedica- tion on the Final Map, accept at the intersection of Irontree Drive. 4. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the Director of Environ- mental Services. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements , limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force. 6. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : Ca. The document to convey title. b. Covenants and .restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the re- quirements prescribed by the City Fire Marshal ". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All -dedicated land and/or easement required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met as a part of the develop- ment of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. RESOLUTION NO. 77-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT CONDOMINIUM PROJECT ON APPROXIMATELY 62 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE AND BEING A PORTION OF THE IRONWOOD COUNTRY CLUB. CASE NO. TT 5565 WHEREAS, the .City Council of the City of Palm Desert, did receive a verified application from SILVER, SPUR ASSOCIATES requesting approval of a Tentative Map to allow for development of a 217-Unit Condominium Project on approximately 62 acres of land, generally located southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" in that the Director of Environmental Services has determined that an Environmental Impact Report is unneeded to meet the requirements of CEQA as the proposed tract is part of an ongoing project and there has been no substantial change in either the project or the circum- stances under which the project is to be undertaken, and; WHEREAS, the City Council did take into consideration the Tentative Map as sub- mitted, and the reports of the various reviewing agencies, and; WHEREAS, the City Council did find that the subject Tentative Map does sub- stantially comply with the City of Palm Desert Code, and the State of California Sub- ( division Map Act, as amended; WHEREAS, the Planning Commission did find that the Subject Tentative Map does t comply with the adopted General Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That it does hereby approve the above described Tentative Map No. TT 5565, subject to fulfillment of the attached conditions: PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on the 25th day of August, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: f EDWARD D. MULLINS, Mayor �_ . ATTEST: SHEILA R. GILLIGAN, City Clerk RESOLUTION NO. 77-89 CONDITIONS OF APPROVAL CASE NO. TT 5565 Page Three II. SPECIAL CONDITIONS: (Continued) 14. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. Y C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 15. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan .to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 16. Applicant shall commit in writing to dedication to the City a lot of one acre minimum size for the purpose of constructing a fire station in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recor- dation of the Final Map or at a later date to be specified by the City of Palm Desert. 17. Storage space fora minimum of eight (8) automobiles shall be provided on Irontree Drive between the Irontree entrance gate and Portola. RESOLUTION NO. 77-89 CONDITIONS OF APPROVAL CASE NO. TT 5565 Page Two I. STANDARD CONDITIONS: (Continued) 15. Install traffic safety lighting along frontage of Portola as approved by the City Engineer. 16. Drainage facilities satisfactory to the City Engineer shall be provided. These shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. II. SPECIAL CONDITIONS: 11. The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the applicant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the recordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a future improvement agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshal. 7. Drainage facilities shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. The developers shall install drainage facilities satisfactory to the City Engineer to carry runoff from drainage area No. 5. Said drainage area is described in the Proposed City Master Plan of Drainage, dated June 1976. This schedule for construction shall be subject to approval of the City. 8. Applicant shall fully improve Portola Avenue on the south side between Mari- posa and Irontree Drive. From the outset of construction of the tract com- plete dust control shall be maintained. 9. Landscaping along the south side of Portola Avenue between Mariposa and Quercus Lane shall be completed before any occupancy permits are issued for TT 5565. 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall be subject to the Design Review Board process. 11 . Sidewalks shall be installed along the south side of Portola Avenue between Irontree Drive and Mariposa Drive. Such sidewalks shall conform to the specifications and requirements of the City Engineer. 12. Approval of each final map will require certification from the C.V.C.W.D. that the tract is safe from exterior storm water risk. 13. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. , r 4 a tAe � /Z e-e) tae C,;el . got �.�, >: I?�v of�.�i Can �*" I�' _ _ .. 1 -a. _ -oa Pie, "Vol, INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of City Council FROM: City Engineer SUBJECT: Conditions of Approval Tentative Tract 5565 - DATE: August 8, 1977 Ironwood This tract lies within an area of the City that will be directly affected by any major flood control measures which may be taken in the future to control runoff from the drainage area south of the existing CVCWD levee. As I indicated in my memorandum to the Director of Environmental Services on June 28, action on this tract should not be taken until the Bechtel Study is complete and the flood control needs for the upper cone have been defined. Based on that recommendation, no Conditions of Approval from this Department were included in the Staff Report considered by the Planning Commission. When it became apparent that the Bechtel Report would not be issued on schedule (August 1 ), we met with the developer and drafted Special Conditions 12 & 13. These conditions, which were mutually agreeable, were recommended to the Planning Commission in order to allow the developer to move ahead with certain processing steps which are contingent on an approved Tentative Map. The Commission agreed. Any physical construction by the developer, prior to resolution of the flood control questions, is entirely at his risk. As authorized by Condition No. 13, I recommend the following additional items be included in the Conditions of Approval for Tentative Tract 5565. 18. All phasing of development shall be subject to approval of the City Engineer. 19. Stacking space for a minimum of eight (8) automobiles shall be provided off Portola Avenue at.the Ironwood entrance, VLO. Two (2) lanes of paved roadway shall be constructed on Portola Avenue between Mariposa Drive and Irontree Drive as part of the first phase of construction to control dust, if that section of Portola is being used for vehicular travel whether project connected or not. Al . The street pattern shall be modified to eliminate the four-way intersections at Foxtail Lane and Quereus Lane, Mariposa Drive and Quereus and Mariposa Drive and "D" Street as required by the Subdivision Ordinance (Section 26.13-1 .03) . 22. Developer shall install drainage facilities t* fac gy doe the .City Engineer to carry runoff from drainage area No. 5o escri a in "t�ie`Pr�iosed City Master Plan of Drainage, dated June 1976. This schedu_l.e-for construction shall be subject to approval of the City. CITY of PALM DESERT STAFF REPORT To: Planning Commission Report On: Tentative Tract for a Single-Story, 217-Unit Condominium Development Applicant: SILVER SPUR ASSOCIATES Case No. : TT 5565 I. REQUEST: Request for approval of a Tentative Tract for a single-story, 217-unit condominium development on approximately 62 acres of land located southerly of and westerly of Irontree (private street) Drive and being a portion of the Ironwood Country Club in the PR-7 (Planned Residential-Maximum 7 Dwelling Units Per Acre) Zone District. II . ,c STAFF RECOMMENDATION: EDeny. the--request "by_Planning:_Commiss'ion Resolution-No Justification i`s-- based upon the-fo ffd ng _- J -� Seti last 'of un e sio _ Request--was `approved"by Plamm�g.rCommi-scion Resolution No. 265 with revised. c'ondi ti-ons _ III. BACKGROUND: A. Location: Southerly of and westerly of Irontree Drive and being a portion of Ironwood Country Club. B. Size: 62 Acres C. Number of Units: 217 D. Density: 3.5 Dwelling Units Per Acre E. Type of Units: This project will contain 217 condominium type dwellings in both single-family detached and duplex structures. F. EIR Finding: The provisions of CEQA have been complied with, and there has been no substantial change in either the project or the circumstances under which the project is to be under- taken. G. Existing Zoning: PR-7 H. Adjacent Zoning: PR-7 and PR-7,D I. General Plan: The Palm Desert General Plan indicates this area to be potential medium density residential (5-7 dwelling units per acre) . J. Proposed Lots: Typical duplex lots will contain between 4,000 and 4,500 square feet. Typical single-family detached lots will con- tain between 5,000 and 6,000 square feet. i •' Planning Commission Staff Report Case No. : _TT 5565 1..A.ug4ust 2,1 T,7 Page Two III. BACKGROUND (continued) K. Proposed Street Improvements: - extension of Portola Avenue to Irontree Drive - extension of Irontree Drive to Portola Avenue - extension of Boxthorn Lane including construction of two cul-de-sacs not named as yet - extension of Foxtail Lane including construction of two traffic circles and one cul-de-sac not named as yet extension of Mariposa , including construction of one cul-de-sac and one traffic circle - construction of a new street and cul-de-sac north of Mariposa Drive and south of Irontree Drive, not named as yet - extension of Quercus Lane and construction of one cul-de-sac. IV. DISCUSSION: Tract No. 5565 is the most recent phase of the Ironwood Country Club develop- ment. This phase consists of 217 single-story detached and duplex homes to be located on approximately 62 acres. The density of this phase is approxi- mately 3.5 dwelling units per acre, far below the density permitted in the PR-7 zone. The design. of this phase is similar to the previous phases Tract No. 5554 and Tract No. 5796. With the exception of Portola Avenue, all streets and access easements will be constructed and maintained as private streets and drives by property owners' associations in accordance with covenants, con- ditions, and restrictions as in previous phases. On-site storm waters are proposed to be carried by the private street system, with residences being elevated above flowing water levels as they are in the existing phases: Potential off-site drainage from the west will be intercepted by an adjacent golf fairway and subsequently routed to adjacent streets. Land- scaping and golf course improvements are proposed to be constructed adjacent to the existing levee in order to serve as a buffer area for additional drainage protection. The applicant is proposing to record and construct the subject tract at one time. The Commission will have to consider the City Fire Marshall 's concern regarding fire protection (see attached letter) when reviewing this .case and determine the most appropriate procedure to follow in order to mitigate the fire protection problem* Another primary concern regarding the subject case at this time is the area of required park dedication. It appears to staff that the present phase of Ironwood Country Club Development represents a pivotal point with regard to park facilities. Special Condition No. 2 attempts to address this concern. * The Fire Marshall has indicated that fire protection on the south side of Palm Desert is rapidly becoming inadequate and with growth continuingy at its present pace, the situation will only deteriorate further. Staff believes the applicant should be required to provide an approved plan of adequate fire protection prior to the recordation of any Final Map for Tract 5565 for the following reasons: A Planning Commission Staff Report Case No. TT 5565 (Au,gust- 2;' .1977 Page Three 1. To insure the health, safety, and general welfare of the residents of Ironwood. 2. To insure that other residents of Palm Desert outside of Ironwood are not burdened by higher fire insurance rates due to the long response time for fire engines to reach Ironwood. Under California State Law, the City of Palm Desert must take action regarding the subject Tentative Tract within 50 days of the date the said tract was ac- cepted by the City unless the applicant agrees to a continuance. As a result, when the Planning Commission meets on August 2nd, the Commission must either approve or reject the Tentative Tract, unless the applicant agrees to another continuance. In light of the City Engineer's .Memorandum of June 28, 1977 which implies that the pending report on Storm Drainage and Flood Control being contracted for by the Coachella Valley County Water District, may affect the design of the subject tract and in light of the .City Fire Marshal 's letter of June 21 , 1977, which indicated that fire protection is inadequate in the sub- ject area and additional development in the area would be detrimental to the public safety, the Land Division Committee has no alternative, but to recommend denial without prejudice to the Planning Commission if the applicant rejects the notion of an additional continuance. Denial without prejudice would enable the applicant to reapply at such time when the two principal issues have been resolved without enduring the 12 month waiting period normally required for reapplication. PLANNING COMMISSION RESOLUTION No. 265 JULY 5, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 5565 I. STANDARD CONDITIONS: 1 . All improvements shall conform to the requirements of the City Standard Specifications and the City Engineer. 2. Tract shall be processed in accordance with all applicable provisions of Ordinance 125, the Subdivision Ordinance. 3. Access rights to Portola Avenue shall be offered to the City as a dedi- cation on the Final Map, accept at the intersection of Iro tree Drive. 4. Prior to submittal of the Final Map, the applicant shall plovide the City with a list of proposed street names with at least three alterna- tives. The- approval of the final street names shall be mace by the Director of Environmental Services... 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force . 6. The C. C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of ny building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8, The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 5565 is in accordance with the requirements prescribed by the City Fire Marshall". 9. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 11 . All dedicated land and/or easements required by this approval shall - be granted to the City of Palm Desert, without cost to the City and free of ` all liens and encumbrances. PLANNING COMMISSION RESOLUTION NO. 265 CONDITIONS OF APPROVAL TT 5565 12. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 13. All requirements of Case No. CUP 1382 shall be met-as a part of the _ development of this tract. 14. The construction of all private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. _ 15. I long frontage of Portola as approved by the City Engineer. 16. Drainage facilities - he—C-its-Engineer~sh�N—be-pxa- ,vi-de�" TheseAshall be sufficient to maintain at least one lane of traf- fic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100- year storm. II. SPECIAL CONDITIONS: 1 . The total number of dwelling unit lots shall be limited to 217. 2. In order to meet the neighborhood and public facilities requirement of the Subdivision Ordinance, applicant shall commit in writing to dedication of required park land for this phase of the development in the future at a mutually agreeable location to the City of Palm Desert and the appli- cant. Such committment shall be made prior to submittal of the Final Tract Map and transfer of title shall occur in conjunction with the re- cordation of the Final Map or at a later date to be specified by the City of Palm Desert. 3. Applicant shall enter into a future improvement agreement to participate in the signalization of the Irontree Drive and Portola Avenue intersection on the basis of up to one-third participation in the cost of installation of the signal at such time as traffic signal warrants are met. 4. Existing on-site overhead utility distribution lines shall be undergrounded per the requirements of Article 25.32-6 of the Palm Desert Zoning Ordinance. 5. Any and all on-site storage yards shall be eliminated at time of completion. 6. Plans for the Security Gate Complex at Irontree Drive and Portola Avenue shall have the approval of the City Fire Marshall . 7. All plans and development shall conform to the City of Palm Desert Master Plan of Drainage. 8. Applicant shall fully improve Portola Avenue on the south side between Mariposa and Irontree Drive. Ktora"N 9. Landscaping along the south side of Portola Avenu between Mariposa and Quercus Lane shall be completed before any g permits are issued for TT 5565. -2- PLANNING COMMISSION RESOLUTION NO. 265 CONDITONS OF APPROVAL TT 5565 10. Fencing along the south side of Portola Avenue between Irontree Drive and Quercus Lane shall consist of a solid six foot masonry wall . 11 . Sidewalks shall be installed along the south side of Portola Avenue between Irontree Drive and Mariposa Drive. Such sidewalks shall conform to the specifications and requirements of the City Engineer. 12. A Final Map shall not be approved covering any portion of the area in- cluded in this Tentative Map until the questions concerning the rout- ing of exterior drainage are resolved to the satisfaction of the City for that particular area. If required by the City, a revised tentative map shall be filed. '13. Such other conditions as may be adopted by the City Council upon re- commendation of the City Engineer. 14. Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of measurement. 5. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along ap- proved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and. heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. - 16. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Mar- shal for review. Upon approval , one copy will be sent to the Building Department, and the original .will be returned to the developer. 17. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal ." - -3- PLANNING COMMISSION RESOLUTION NO. 265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 217-UNIT PLANNED RESI- DENTIAL SUBDIVISION ON 62 ACRES OF LAND GENERALLY LOCATED SOUTHERLY OF AND WESTERLY OF IRONTREE DRIVE. CASE NO. TRACT 5565 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from SILVER SPUR ASSOCIATES, requesting approval of a 217-unit planned residential subdivision on 62 acres of land located in the PR-7 zone and situated southerly of and westerly of Irontree Drive, and more par- ticularly described as: A Portion of Section 32 T5S, R6E, SBB&M WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Impact Report was previously submitted for Conditional Use Permit 1382; further a Negative Declaration was made on this portion of the project by the Director of Environmental Services and the appeal period has expired; and WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted and the reports of the various reviewing agencies; and WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Municipal Code and the State of California Subdivision Map Act, as amended; and WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true., correct, and constitute the findings of the Commission in this case; 2. That it does hereby recommend approval to the City Council of the City of Palm Desert of the above-described Tentative Map No. 5565, subject to the fulfillment of the attached conditions. l CASE NO. TT 5565 PLANNING COMMISSION RESOLUTION NO. 265 FURTHER, BE IT RESOLVED that the recommended Conditions of Approval do include a recommendation to the City Council that they require compliance to — Article 26.15 of the City's Subdivision Ordinance by dedicating land as specified by Special Condition of Approval No. 2. PASSED, APPROVED, and ADOPTED at a continued meeting of the Palm Desert Planning Commission held on this 2nd day of August,. .1977, by the following vote, to wit: AYES: BERKEY, SNYDER, KRYDER NOES: NONE ABSENT: KELLY, READING ABSTAIN: NONE GEORGE BERKEY, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: City Engineer SUBJECT: public Works Comments -- Tentative Tract 5565 DATE: June 28, 1977 This tract is located in an area subject to flooding.. A portion of the proposed tract was covered by flood waters during last SeptembW s storm. Other portions were severely threatened. As a result of .the recent flood, the CVCWD has retained Bechtel Corp.. to prepare recommendations for flood control measures: Their. study includes the flood control channel bordering the proposed tract on the south. Action shall not be taken on this tract until that study is complete and the flood control needs for the upper cone have been defined. This application should be tabled or denied without prejudice until the area wide flood control matters can be resolved.. f. / C✓✓ (� .jtK1, 1W Wtl-�eMits shall be 4-ssued^until the questions concerning the routing exterior drainage are resolved to the satisfaction of the City,, If required by the City, a revised tentative map shall be filed. Such other conditions as may be adopted by the City Council upon recommendation of the City Engineer. SOUTHERN CALIFORNIA CGS COfl/I 'ANY 3700 CENTRAL AVENUE RIVERSIDE, CALIFORNIA R.W. RIDDELL Eastern Division Distribution Planning Supervisor - Mailing Address P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92506 June 9, 1977 Location of Nearest Gas Main: Portola & Quercus Land and at — Mariposa Dr. & Irontree Dr. City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: TT 5565, Ironwood_ Country Club This letter is not to be interpreted as a contractual commitment to serve the .proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be provided from an existing main :•rithout any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of .gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under -which service is available, gas service will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please contact this office for assistance. RECEIVE ® JUN 101977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT 133-793 AVENUE 47-IN1D10,C•v_IFDRNIA 92,201 -714 347-2711 IN REPLY REFER TO June 13, 1977 6761 E Department of Environmental Services P. 0. Box 1648 Palm Desert., California 92260 Attention Paul A. Williams Gentlemen Reference Case No. TT 5565 (Ironwood C. C. ) The General Telephone Company will provide the telephone distribution facilities to and within the subject tract in accordance with its cur- rent tariffs as approved by the California .Public Utilities Comr,:ission. The developer will be required to deposit the full cost of these facili- ties under certain conditions as outlined in the above mentioned tariffs. These facilities will be underground unless extreme or unusual conditions arise.. No single subdivision will affect the telephone rates as rates are developed over a large base. We have no expertise on the asthetic impact of trenching and cannot comfient on this subject except to state that the distribution facilities will be placed in a joint trench with other utilities wherever possible. Sincerely yours RECEIVED . A. OTTE Engineer III JUN 14 1977 ENVIRONMENTAL SE—VICES EAO:GJC CITY OF PALM DESERT Enclosures - I i.part of Generi:!Telephone&Electronics - QrD OUN14ESTABLISHED IN 1918 AS A PUBLIC A, Y �,S'T,1 COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1056 COACHELLA, CALIFORNIA 92236 • TELEPHONE(714)398-2651 DIRECTORS OFFICERS RAYMOND R. RUMMONDS,PRESIDENT LOWELL O. WEEKS, GENERAL MANAGER-CHIEF ENGINEER GEORGE H. LEACH, VICE PRESIDENT OLE J. NORDLAND, SECRETARY C.J. FROST WALTER R. WRIGHT. AUDITOR TELLIS CODEKAS June 1 S, 1977 REDWINE AND SHERRILL. ATTORNEYS WILLIAM R. GARDNER File: 0163. 11 Department of Environmental Services City of Palm Desert . P. 0. Box 1648 Palm Desert, California 92260 Re: Tract TT5565 Sec. 32, T5S, RISE Gentlemen: This area is protected from stormwater flows by a system of channels and dikes built and maintained by this District. This area may be considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to said area in accordance with the currently prevailing regulations of this District. This area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. Very truly yours,, y Lowe —0. Weeks General Manager-Chief tngineer KEH:vh cc: Health Department' 46-209 Oasis St. Indio, California 92201 RECEIVED JUN 171977 r ENVIRONMENTAL SERVICES CITY OF PALM DESERT %f1Ep s Desert Sands Unified School District ' w BERMUDA DUNES IC-1 INDIAN WELLS y 83-049 AVEN4E 46 INDIO, CAL}FORNIA 92201 (714) 347.8631 Ij PALM DESERT y IA OUINTA fd0 INDIO y' ' June 15, 1977` . Re: CASE NO: TT.5565 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane'- Palm Desert, California 92260 Dear Sir: Tentative Tract Map, CASE NO: _ TT 5565, has been examined and the Desert Sands Unified School District staff believes that no significant number of persons of school age will: - reside in the tract as it is described. Sincerely, Harold Schoenfeld, Sup ntendent By: ger M. Harlow, Coordinator. i_ld Welfare and Attendance RMH/br r RECEIVED JUN 171977 ENVIRONMENTAL SERVICES- CI7Y OF PALM DESERT' DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE ^ ram --.�. ('(1 L•NTP a� •(;•} CALIFORNIA DIVISION OF FORESTRY z RIVi",BSIDE v :., ; DAVID L. FLAKE COUNTY FIRE WARDEN P.O. BOX 248 ,4 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 June 21 , 1977 Paul A. Williams Director of Environmental Services City of Palm Desert RE: Tentative Tract #5565 Dear Mr. Williams: After reviewing this tentative tract I think your department and the Plan- ning Commission should realize that the fire protection in this area is rapidly becoming inadequate. The Ironwood Country Club area is located five miles from the Palm Desert Fire Station and the fire equipment must pull a long grade up Highway 74 and Portola Avenue to reach the development: The response time for our fire engine to reach Ironwood Country Club -ranges from 10 to 14 minutes depending on the time of day and the traffic flow. As the Fire Marshal for the City of Palm Desert I am greatly concerned about the safety of our citizens and future home buyers that will be coming to our City. I am sure the people who plan on purchasing these homes are assuming that an adequate level of fire protection is being furnished. If we continue to allow developments such as the Ironwood Country Club to expand on the southern city limits, not only will the property owners at Ironwood suffer from long response times but the entire City will be paying higher fire insurance rates for the deficiencies charged to the Fire Department because of long response times by fire equipment. In the interest of public safety I would hope the Planning Commission will continue this case until such time as the City implements a plan for improved fire protection. For further information refer to the Palm Desert Fire Protection report of March, 1977. If your department and the Planning Commission think this project should be approved without having adequate fire protection the following should be provided: 1 . Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of RE: Tentative Trace 6565 Page 2 measurement. 2'. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located' closer than 25 feet to any building. B. Exterior surfaces of. hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant.. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal . " Very truly yours, Bud Engel Fire Marshal BE/ks ALEXANDER BOWIE 610 NEWPORT CENTER DRIVE - SUITE 1220 - NEWPORT BEACH,CALIFORNIA 92660 - - - June 30, 1977 { 1 Mr. R. L. Spicer, President IRONWOOD COUNTRY CLUB 73-590 Dalea Lane Box 1727 Palm Desert, •CA 92260 Dear Mr. Spicer: Previously, I received information pertaining to my condominium at Ironwood Country Club from Mr. Richard Weagley, President of the Board of Directors of Ironwood Owners Association #2. I had made it a point since purchasing my condominium to remain detached from the activities of the community association and I think, to a large degree, from matters pertaining to the development of your. Project herein referred to as Ironwood Country Club. From time to time;, you hear many people complain about certain activities either at the golf course or in regard to Ironwood Country Club. I think that these comments, in part, relate to the Club facilities being operated as a public restaurant and the golf course being operated as a public facility although it was my understanding at the time I purchased my condo- minium that it was a private club for which I was required to purchase a membership. The effect of this is to overload the facilities as far as those who like to play golf and tennis at their convenience and under desirable circumstances. The people that I am personally acquainted with who have become quite irritated and concerned over this have done so over outside public use. of private facilities intended for use by condo- minium owners. The result of this has been for them to attempt to have the community association RECEIVED JUL - 51077 ENVIRONMENTAL SERVIC S CITY OF PALM DESERT I Mr. R. L. Spicer June 30, 1977 Page Two restrict the ability of people to rent their condominiums except on terms and conditions acceptable to the community association. I doubt that this is within the powers of the community association although I have not looked at the covenants, conditions and restrictions nor any other documents. I don't know that I am necessarily opposed to it, however, it does diminish the value of the condominium purchased by someone as the person that might purchase my condominium might feel otherwise. Hence, it would seem that now or in the near future, this is going to have to be resolved, if necessary, by the initiation of a declaratory relief action involving the community association as well as your business concern which has formulated and marketed this particular project. Rather than people becoming unhappy with their ability to use the recreational facilities at Ironwood, it would seem more desirable to ensure that adequate recreational facilities are constructed, operated and maintained for the people who purchase a condominium. The Club should not be conducted as a public facility. Obviously, one way of doing this would be to charge the members fees for use of the Club in order to generate enough money so that it would not be necessary for the Club to open its facilities to the general public in order to minimize what no doubt is a negative cash flow. Also this would mean that people who use the golf facilities a great deal would be paying the cost of operating those facilities, which they use. As a nongolfer and somebody who probably uses the golf course no more than a dozen times in any one year, it would seem to me that I am subsidizing their activities while their solution to the problem is to restrict the ability of someone such as myself to rent my condominium except on terms and conditions as satisfactory to them. The present limitation might be something to which I would not object at this point in time, whereas, if this is permissible it would be equally permissible to establish a Mr. R. L. Spicer June 30, 1977 Page Three minimum two week or thirty day or two month rule. Assuming any authority to do so which I doubt, three to four days would be all that I think is reasonable. It would be my belief that as items pertaining to future development at Ironwood Country Club are considered for approval by the City of Palm Desert, such as Tract 5565, it would be necessary to condition any further development at Ironwood Country Club on concurrent resolution of this problem or concurrent construction of substantial additional recreational facilities so those who have been sufficiently inconvenienced to attempt to take this rather stringent action by the community association will have. a more realistic solution to their problem. Toward this end, the last time I was in Palm Desert I went to the City of Palm Desert and requested a copy of the Environmental Impact Report (EIR) on ironwood Country Club as I thought that it would. more adequately describe for me the overall concept for the development of Ironwood Country Club. There' is not a copy in existence at the City Hall. Would you please send me a copy to review--I will return it to you. I wanted to try to find out whether it really was the type of development which I thought I had purchased or whether it was contemplated to be a public golf course, public restaurant-type of operation. I was advised that the County of Riverside did an EIR. in 1972. or 1973. I do not think this will suffice. I do not concur in the conclusion that the previous EIR is adequate for approval of further segments of the Project at this time. In order for such to be the case, it will necessitate a finding that there is no substantial change in the project nor any sub- stantial change in the circumstances in which the Project is situated.. That is not the case from a factual standpoint and the EIR is intended to Mr. R. L. Spicer June 30, 1977 Page Four address exactly the type of problem which has precipitated the action of Ironwood Owners Association #2. Very truly yours, By Alexander Bowie AB:ds cc: Mr. Paul Williams City of Palm Desert Mr. Ray Poliquin Director Ironwood Owners' Assoc. #2 Mr. Richard Weagley 4� �I �I \z � -------- - - - - --- - Ili - - 27 17 h I �r — -- — i-yo-- - � ,��� -- —a :— --------- ---- — ✓�-- 'I it �I III - 1i _ I i PROOF OF PUBS.—ATION This__ice is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAj ss County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- City of Palm Desert lation, published weekly, in Palm Desert, County of -------------------------------------------------------------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Case No . TT 5565 Court of the County of Riverside, State of California, -------------------------------—-------- ----- - —------------- under date of October 5, 1964, Case Number 83658; LEGALNOTICE Y ofTENTATIVE TRAC MAP FOR LM DESERT MEDIUM that the notice, of which the annexed is a printed copy, DIENONw000co UNTl2v CLUOJECDEVELOPMENT.E has been published in each regular and entire issue of Not CASE NO.TT SW ice is hereby given that a Public Hearing will be held before the Palm Desert City Council to consider a request by SILVER said newspaper and not in an supplement thereof on SPUR ASSOCIATES for appprroval of a Tentative Tract Map for a Y PP 217-Unit Medium Density Residential protect, part of the Iron- wood Country Club Development, more particularly described the following dates to-wit: as` AFN 631.250 002,ooa,on APN 631-270-008,018 8/11 ----------------------------------- I certify (or declare) under penalty or perjury that the foregoing is true and correct. \ SAID Public Hearing will be held on Thursday,August 25,1977 /y1 , at 7:00 P.M. in the Council Chambers in the Palm Desert City JHall,45-275 Prickly Pear Lane,Palm Desert,California,.at which 1 time and place,all Interested persons are invited to attend and be ------ ---------------------- heard. . ;,: Si nature y Dated: August 9,1977 , g SHEILA R.GILLIGAN - City Clerk City of Palm Desert .1.PDP-8/11t1 August. 11 Date-------------- -- -------- ------------ ----------- 197-_— at Palm Desert, California PROOF OF PUBLL.ATION This_-ice is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAl SS. County of Riverside j I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- Cft-- of Pal 17Desertlation, published weekly, in Palm Desert, County of - -- ------------------ — ---- --------- ---------------—------ Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior m 5565 Court of the County of Riverside, State of California, ---------------------------- under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed IS a rented CO CITY of PALM DESERT p copy TENTATIVE TRACT MAP FOR A 217-UNIT MEDPUM DENSITY RESIDENTIAL PROJECT,PART OF THE r------- has been published in each regular and entire issue of I IRONWOOD COUNTRY CLUB DEVELOPMENT. CASE NO:TT SW Notice is hereby given that a Public Hearing will be held before said newspaper and not in any supplement thereof on the Palm Desert City Council to consider a request by SILVER SPUR ASSOCIATES for approval of a Tentative Tract Map for a'the followingdates to-wit: 217-unit Medium Density Residential project,part of.°the Iron-" wood Country Club Development, more particularly:described as: APN 631-250-002;008�011 APN 631-270-008,018 •`" - IT-A—d dr �T7 r y Id 4 1 certify (or declare) under penalty or perjury that the - ?T 5s6s. foregoing is true and correct. c.,—A Pal '�Haf l a7:0n d lace,in al Interested Labe ncil arsons arrs e inv,SAID Put)]Ic Hearing will be held on ited tm De rt whlc ___✓ J�t/ _ ________ Hall, nd pl ce,all Pear Lane,Palm Desert,Invited California,d-ondb Y— P persons o�ttend,and Signature . Heard. , Dated: August 9,1977 4 `� r SHEILA R.GILLIGAN City Clerk - City of Palm Desert ,r August 9-9- — — — T Date -------— — — 197---- at Palm Desert, California Legal Notices, � ,Titzrr �r. Case N,. r SS6S tor. a Plannin}, Commission Public Hearing to be held on were mailed to the names on the attached list on the--following date:, 77 Marcie K. Johnson Planning Secretary 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: August 9, 1977 �r LEGAL NOTICE - - - - — CITY of PALM DESERT TENTATIVE TRACT MAP FOR A 217-UNIT MEDIUM DENSITY RESIDENTIAL PROJECT, PART OF THE IRONWOOD COUNTRY CLUB DEVELOPMENT. CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert . City Council - to consider a request by SILVER SPUR ASSOCIATES for approval of a Tentative Tract Map for a 217-Unit Medium Density Residential project, part of the Ironwood Country Club Development, more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 AVENuE OC Lvri -� \ .: "__�:__`ICI � • it CARRIAGE TRAIL) ---�?t_____ 0 HfiLL4 �TT 5565 �. AA Cyr C SAID Public Hearing will be held on�TThurs'day,_.August.-25', _197.7�at 7:00 p.m. in the Council Chambers in the Palm Desert Ci y Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, CITY CLERK CITY -OF PALM DESERT PUBLISH: AAugust .1.1 ,. -1977,% Palm Desert Post INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of City Council FROM: City Engineer SUBJECT: Conditions of Approval - Tentative Tract 5565 - DATE: August 8, 1977 Ironwood This tract lies within an area of the City that will be directly affected by any major flood control measures which may be taken in the future to control runoff from the drainage area south of the existing CVCWD levee. As I indicated in my memorandum to the Director of Environmental Services on June 28, action on this tract should not be taken until the Bechtel Study is complete and the flood control needs for the upper cone have been defined. Based on that recommendation, no Conditions of Approval from this Department were included in the Staff Report considered by the Planning Commission, When it became apparent that the Bechtel Report would not be issued on schedule (August 1 ), we met with the developer and drafted Special Conditions 12 & 13. These conditions, which were mutually agreeable, were recommended to the Planning Commission in order to allow the developer to move .ahead with certain processing steps which are contingent on an approved Tentative Map. The Commission agreed. Any physical construction by the developer, prior to resolution of the flood control questions, is entirely at his risk. As authorized by Condition No. 13, I recommend the following additional items be included in the Conditions of Approval for Tentative Tract 5565. 18. All phasing of development shall be subject to approval of the City Engineer. 19. Stacking space for a minimum of eight (8) automobiles shall be provided off Portola Avenue at the Ironwood entrance, 20. Two (2) lanes of paved roadway shall be constructed on Portola Avenue between Mariposa Drive and Irontree Drive as part of the first phase of construction to control dust, if that section of Portola is being used for vehicular travel whether project connected or not. 21 . The street pattern shall be modified to eliminate the four-way intersections at Foxtail Lane and Quereus Lane, Mariposa Drive and Quereus and Mariposa Drive and "D" Street as required by the Subdivision Ordinance (Section 26.13-1 .03) . 22. Developer shall install drainage facilities satisfactory to the City Engineer to carry runoff from drainage area No. 5 as described in the Proposed City Master Plan of Drainage, dated June 1976. This schedule for construction shall be subject to approval of the City. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALI FORNIA 92260 TELEPHONE (714) 346-0611 June 21, 1977 Mr. Alexander Bowie 610 Newport Center Drive, Suite .61O Newport Beach, California 92660 Re: Tract 5565 Dear Mr. Bowie: A print of the tentative tract map for Tract 5565, Ironwood Country Club, is being forwarded to you per your request of June 17, 1977. A colored site plan showing a more precise picture of what the project will look like upon construction will be displayed at the Public Hearing before the Palm Desert Planning Commission at 7:00 p.m. on July 5, 1977. An EIR was prepared for the overall project conditional use permit. Since the tract is in conformance, no additional en- vironmental documentation is required pursuant to CEQA. The original EIR is on file with the Riverside County Planning Com- mission. If you have any further questions, please don't hesitate to call . Vey truly yours, PAUL A. WILLIAMS, DIRECTOR Department of Environmental Services City of Palm Desert, California Enclosure (as noted) PAW/mkj ALEXANDER BOWIE 610 NEWPORT CENTER DRIVE • SUITE 1220 A LAW CORPORATION NEWPORT BEACH, CALIFORNIA 92660 AREA CODE 714 TELEPHONE 644-931I ALEXANDER BOWIE CLAYTON H. PARKER SPENCER E. COVERT, JR. REF. OUR FILE NANCY C. SHANAHAN STEPHANIE L. SCHER ROBERT A. RYAN, JR. June 17, 1977 Mr. Paul A. Williams, Secretary Palm Desert Planning Commission City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Tentative Tract Map for a 217-Unit Medium Density Residential Project, Part of the Ironwood Country Club Development Case No. TT 5565 Dear Mr. Williams: Being the owner of a condominium in the Ironwood Country Club Development, I would appreciate receiving a copy of the tentative tract map and the Environmental Impact Report (EIR) relative to the above referenced item. Should there be any difficulty in .my obtaining this information, please let me know at your earliest convenience. Very truly yours, ALEXANDER BOWIE A Law Corporation B � Y J� Alexander Bowie AB:ds RECEIVED JUN201977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT ' 0 OOD June 6 , 1977 Planning Commission City of Palm Desert P . 0 . Box 1648 Palm Desert, California 92260 Re : Tentative Map Tract 5565 Dear Members of the Commission: Enclosed for filing are a completed application form , 30 copies of the Tentative Map for Tract 5565 , a $792 . 50 check for the required filing fee , and a list of property owners within 300 feet of the project . No environmental assessment form is enclosed as instructed by your office , as this project is considered exempt by virtue of previous filings . Tract 5565 is the newest increment of the Ironwood Country Club development , containing 217 single-story detached and duplex homes on approximately 62 acres . Land planning , architectural , and land- scaping details of this tract are shown by exhibits filed with your office on June 2 , 1977 for preliminary design review approval . It is our understanding that these exhibits and the Tentative Map will all be considered by your Commission at the July 5 , 1977 meeting , and by the City Council on July 28 , 1977 . This project is very similar in nature to Tracts 5554 and 5796 , previous increments at Ironwood, which were recently approved by the City of Palm Desert and are presently in various stages of construction . Proposed tree planting , landscaping , irrigation , and grading are shown by the Design Review exhibits described above on file with your office . Access easements will be constructed per previous increments and maintained as private drives by property owners ' associations in accordance with covenants , conditions , and restrictions virtually identical with those recorded for Tract 5796 on file in your office . It is proposed that this tract be recorded and constructed at one time . In the event marketing , financing , legal , or other considerations require phasing in increments , we will seek City approval of such phasing into units . IRONWOOD 48-870 PORTOLA AVENUE BOX 1727 PALM DESERT C)ALIFORNIA 92260 (714) 346-0551 June 6 , 1977 -2- Planning Commission On-site storm waters are proposed to be carried by the private street system , with homes being elevated above flowing water levels. Potential off-site drainage from the .west will be inter- cepted by an adjacent golf fairway and routed to adjacent streets clear of housing structures . The tract is protected by the existing Dead Indian Creek channel and levee system from off-site flows south of the tract. Landscaping and golf course improvements are proposed to be constructed adjacent to the levee at approximately its existing elevation (15 to 20 feet above the channel ) to create a buffer area to enhance views and to provide additional drainage protection . The levee will be used for golf purposes and will be planted and maintained as golf fairway , thus affording increased resistance to erosion- by stormwaters . No housing development is proposed at this time adjacent to the easterly end of this levee until the ultimate channel design is determined by the flood control agency. A written statement from the County Health Officer concerning sewage disposal is not enclosed ; this statement was waived by Planning Director Paul Williams , as the project will be connected to the Coachella Valley County Water District sewerage system. City Engineer Hunter Cook has waived a preliminary soils report for the Tentative Map stage . We do not propose to dedicate a portion of this particular phase , which is within the guarded and gated security system of Ironwood , to public park use . We are willing , however , to meet the ordinance requirement by either payment of fees or committing in writing to dedication, of required park land for this phase in the future at a location mutually agreeable to the City and ourselves . Sincerely , SILVER SPUR ASSOCIATES , a General Partnership . by Ironwood Corporation , Managing Partner 11 j4li "u R . L . Sp cer Presiden enclosures jmc =� 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING C012MISSION ACTION DATE August 3, 1977 APPLICANT Silver Spur Assoc. P. 0. Box 1727 Palm Desert, Ca. 92260 CASE No. : TT 5565 e Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of August 2, 1977 , CONTINUED TO , DENIED XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 265 PLACED ON THE AGENDA OF THE CITY COUNCIL OF � FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF Aug. 25th FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING CODLIISSSION cc: Applicant C.V.C.W.D. 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE July 6, 1977 APPLICANT Silver Spur Assoc. P. 0. Box 1727 Palm Desert, Ca. 92260 CASE NO. : TT 5565 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 5, 1977 . XXX CONTINUED TO Aug. 2, 1977 DENIED APPROVED BY PLANNING COMMISSION RESOLUTION NO. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSSION -cc: Applicant C.V.C.W.D. File �i6��f' Off° Trn ���®IP{�o ❑� JUN 1 5,77 45-275 PRICKLY PEAR LANE PALM DESERT,CAUFORNIA92260 A 04 ' « P.B. GR u V• ix TELEPHONE(714) 346-0611 �uN�3191 Brown, J mes, Br Hell , Rovert, Devries, ce et �Nv,RONM p pEac ' 9454 st l Wi shrBoulevard OF. Beverl Nil fs, CA. 9D212 a "at1 L L ER:;^cLE LLGI "LE TJ F0R'.'1F,f U R£T U R ; U 'tl 2 I I R t � `V'- d.6159� �1b dS�i.bn�'Ml .JJdJLeJ��17:l50 - 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(714) 346-0611 - _ MOVED 1 ,Mal.zo, :.a. dnd and Kristine 13- Min anao Way Marina del Rpy, CA. 90291 1 a'a 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 Date: June 13, 1977 LEGAL NOTICE CITY of PALM DESERT TENTATIVE TRACT MAP FOR A 217-UNIT MEDIUM DENSITY . RESIDENTIAL PROJECT, PART OF THE IRONWOOD COUNTRY CLUB DEVELOPMENT. CASE NO. TT 5565 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SILVER SPUR ASSOCIATES for approval of a Tentative Tract Map for a 217-Unit Medium Density Residential project, part of the Ironwood Country Club Development, more particularly described as: APN 631-250-002, 008, 011 APN 631-270-008, 018 . „t w�tlr-LJP[ / J 1 GR — AVE`UE loll' .l 1 11 11 f 011 r1 IT• —�` CARRIAGE TRAIL) -- TT 5565 SAID Public Hearing will be held on Tuesday, July 5, 1977, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PUBLISH: June 16, 1977 Palm Desert Post Y'✓ti 1 R.ti AS:Yµ� V�'�L'�4 •�t 11�J 4If� $�.....<':l9 !�b 8� F�.':` ?�.3�L..�L �.+1..]fl lti 53-793 AVENUE 47- 1F:D10,C',!JFOR1;A 92201 -714 347-2711 IN REPLY REFER TO June 13, 1977 6761E Department of Environmental Services P. 0. Box 1648 Palm Desert, California 92260 Attention Paul A. Williams Gentlemen Reference Case No. TT 5565 (Ironwood C. C. ) The General Telephone Company will provide the telephone distribution facilities to and within the subject tract in accordance with its cur- rent tariffs as approved by the California Public Utilities Commission. The developer will be required to deposit the full cost of these facili— ties under certain conditions as outlined in the above mentioned tariffs. These facilities will be underground unless extreme or unusual conditions arise. No single subdivision will affect the telephone rates as rates are developed over a large base. We have no expertise on the asthetic impact of trenching and cannot comment on this subject except to state that the distribution facilities will be placed in a joint trench with other utilities wherever possible. Sincerely yours RECEIVED Engineer III J U N 14 1977 ENVIRONMENTAL SE,.-/ICES EAO:GJC CITY OF PALM DESERT Enclosures A,apt of Gene;al Telf:phona�Elec>ronics ._ rz} 6 9 DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE C UNTY - _• CALIFORNIA DIVISION OF FORESTRY or RIVERSIDE.,.,. :., DAVID L. FLAKE P.O. eox zae COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 June 21 , 1977 Paul A. Williams Director of Environmental Services City of Palm Desert RE: CTentative Tract #5565 i Dear Mr. Williams: After reviewing this tentative tract I think your department and the Plan- ning Commission should realize that the fire protection in this area is rapidly becoming inadequate. 01 The Ironwood Country Club area is located five miles from the Palm Desert Fire Station and the fire equipment must pull a long grade up Highway 74 and Portbl-a Avenue to reach the development!, The response time for our fire engine to reach Ironwood Country Club-ranges from 10 to 14 minutes depending on the time of day and the traffic flow. As the Fire Marshal for the City of Palm Desert I am greatly concerned about the safety of our citizens and future home buyers that will be coming to our City. I am sure the people who plan on purchasing these homes are assuming that an adequate level of fire protection is being furnished. If we continue to allow developments such as the Ironwood Country Club to expand on the southern city limits, not only will the property owners at Ironwood suffer from long response times but the entire City will be paying higher fire insurance rates for the deficiencies charged to the Fire Department because of long response times by fire equipment. In the interest of public safety I would hope the Planning Commission will continue this case until such time as the City implements a plan for improved fire protection. For further information refer to the Palm Desert Fire Protection report of March, 1977. If your department and the Planning Commission think this project should be approved without having adequate fire protection the following should be provided: 1 . Install a water system capable of delivering 2000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The com- putation shall be based upon a minimum of 20 psi residual operating pres- sure in the supply main from which the flow is measured at the time of 'f RE: Tentative Traces, #5565 Page 2 measurement. 2*. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in TT 5565 is in accordance with the requirements prescribed by the Fire Marshal . " Very truly yours, Bud Engel Fire Marshal BE/ks INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: City Engineer SUBJECT: Public Works Comments - Tentative Tract 5565 DATE: June 28, 1977 This tract is located in an area subject to flooding. A portion of the proposed tract was covered by flood waters during last September's storm. Other portions were severely.threatened. As a result of the recent flood, the CVCWD has retained Bechtel Corp.. to prepare .recommendations for flood control measures. Their study includes the flood control channel bordering the proposed tract on the south. Action shall not be taken on this tract until that study is complete and the flood control needs for the upper cone have been defined. This application should be tabled or denied without prejudice until the area wide flood control matters can be resolved. SOUTHERN CALIFORNIA gas COMPANY R.W. RIDDELL 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA Eastern Division Distribution Planning Supervisor - Mailing Address P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92506 June 9, 1977 Location of Nearest Gas Main: Portola & Quercus Land and at Mariposa Dr. & Irontree Dr. City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: TT 5565, Ironwood Country Club This letter is riot to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent i, to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the proiLct could be provided fr•otii an existing marl 'vlithout any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of .gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the Jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies tare any action which affects gas supply or the condition under :,'rich service is available, gas service will be provided in accordance ;�lith revised conditions. We have developed several programs which are ava liable, upon request, to provide assistance in selecting the mos-i; effective applications of energy conservation techniques for a particular project. If you desire further infortiiation on any of our energy conservation programs , please contact t',nis office for assistance. RECEIVED JUN 101977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT J*%f1ED s a \II//ice`-o Desert Sands Unified School District UI 6ERMUDA DUNES C r INDIAN WELLS H 83-049 AVENYF 46 INDIO, CALIFORNIA 92201 • -(714) 347.8632 {L PALM DESERT y _ LA OUINTA INDIO June 15, 1977 Re: CASE NO: TT 5565 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Dear Sir: Tentative Tract Map, CASE NO: TT 5565, has been examined and the Desert Sands Unified School District staff believes that no significant number of persons of school age will reside in the tract as it is described. Sincerely, Harold Schoenfeld, Sup ntendent By: ger M. Harlow, Coordinator ild Welfare and Attendance RMH/br RECENT JUN 171977 ENVIRONMENTAL SERVICES- CITY OF PALM DESERT PO U N!y ESTABLISHED IN 1918 AS A PUBLIC, CY Qa�5 COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE(714)398-2651 DIRECTORS OFFICERS RAYMOND R. RUMMONDS, PRESIDENT LOWELL O. WEEKS, GENERAL MANAGER-CHIEF ENGINEER GEORGE H. LEACH, VICE PRESIDENT OLE J. NORDLAND, SECRETARY C. J. FROST Q'7 WALTER R. WRIGHT, AUDITOR TELL IS CODEKAS June 15, 1977 REDWINE AND SHERRILL, ATTORNEYS WILLIAM B. GARDNER File: 0163. 11 Department of Environmental Services City of Palm Desert P. 0. Box 1648 Palm Desert, California 92260 Re: Tract TT5565 Sec. 32, T5S, R6E Gentlemen: This area is protected from stormwater flows by a system of channels and dikes built and maintained by this District. This area may be considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to said area in accordance with the currently prevailing regulations of this District. This area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. Very truly yours, Lowe 0. Weeks General Manager-Chief ngineer KEH:vh cc: Health Department 46-209 Oasis St. Indio, California 92201 RECEIVE ® JUN 171977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT PROOF OF PUBL.,,ATION This_,ace is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAj SS. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- Cittr of Palm Desertlation, published weekly, in Palm Desert, County of --- -- --- --------------------------------------_------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, D�__ �` 5� --------- -- under date of October 5, 1964, Case Number 83658; - LEGALNOTICE• �'• - that the notice, of which the annexed is a printed copy, CITY OF PALM DESERT; TENTATIVE TRACT MAP FOR A 217-UNIT MEDfUM,DENSI- TY RESIDENTIAL PROJECT PART OFTHE IRONWOOD has been published in each regular and entire issue of COUNTRY CLUB DEVELOPMENT.CASE . . Notice is hereby�JWen that a Public Hearing will be�held�� ¢fore said newspaper and not in any supplement thereof on the POIM Desert 65 Planning Comrnissiorf to consider a req st by SILVER SPUR ASSOCIATES for approval.bf d Terftative�f{TTract. the following dates to-wit: Map for a 217-Unit Medium Density.Residential proiecTiKport of g the Ironwood Country Club Development,mdre particularly de- scribed as: APN 631-250-002,008,$ ' APN 631-270-00010i ,. --- -------61 6 I certifyor declare under penalty or perjury that the ( ) P tY Pe I rY foregoing is true and correct. TT 5565 cy�yht` , ///////// �```, Cy�n 'L.'�v. C f// ���'.'..�F � E/v`� ----— �4f SAID Public Hearing*wlli be held on Tueetl-'y JI nature 7.00 p.m.in the Council Chambers in the Palm Desert City Hall, 4S-275 Prickly Pear Lane,Palm Desert,California;,atwhich time and place all interested persons are invited Jo attend and be heard. PAULA.WILLIAMS - Secretary Palm Desert --, Planning Commission Date-----------J-une- 1-6----------------------------__ 197_7 - - - PDP-6n6n at Palm Desert, California 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : TT 5565 Project: Ironwood Country Club Applicant: SILVER SPUR ASSOCIATION Enclosed please find materials describing a project for which the following is being requested: Approval of a Tentative Tract Map for a 217-unit medium density residential project, part of the Ironwood Country Club Development. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc. ) Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. June 24 , 1977, in order to be discussed by the Land Division Committee at their meeting of June 29th . The Land Division Committee (comprised of Director of Environmental Services, City Building Official , City Engineer, Fire Marshal and a representative of CVCWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. Very truly yours, Paul A. Williams Director of Environmental Services PAW/ks PLEASE RETURN MAP WITH COMMENTS _RCULATION LIST FOR ALL CASES Circulation of. Tentative Maps, Parcel Maps, CUP's, GPA's, etc: REVIEW COMMITTEE: /1. Palm Desert Director of Environmental Services - Paul Williams � -. Palm Desert Director of Building & Safety - Jim Hill �� Palm Desert City Engineer - Hunter Cook :4 Palm Desert Fire Marshall - Bud Engel 5. Robert P. Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext 267) ./6'. Lloyd Rogers Supervisor - Riverside County Health Department County Administration Building, Room 107 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext 287) �7. Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C..W.D, ) P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) 8. R. E. Deffebach Director - District 8 California Department of Transportation P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4578) 9. Harry Schmitz Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 (Phone: 345-2831) i 10. Gerald Dupree Director of Planning City of Rancho Mirage ! 69-825 Highway 111 Rancho Mirage, California 92270 (Phone: 328-8871) Vdl. Kermit Martin Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) 12�Chuck Morris General Telephone Company 62-147 Desertaire Road F Joshua Tree,. California 92252 (Phone: 366-8389) 13.u/'d R. W. Riddell i. Engineering Department Southern California Gas Company P. 0. Box 2200 f Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) Ci r_cal ati o-i_ist for All Cases Page Two 14. Roger Harlow Director - Pupil Personnel Service ✓ Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) 15. Jim Langdon Palm Desert Disposal Services, Inc. 36-711 Cathedral Canyon Drive P. 0. Drawer LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687) 16. Stanley Sayles f President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone: 346-6338) 17. Moe Kazem Regional Water Quality Control Board Colorado River Basin Region P. 0. Drawer I Indio, California 92201 (Phone: 347-4011) 18. Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) i 19. Joe Benes ! Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 (Phone: 346-6111) 21. Roger Streeter Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) 22. James Whitehead € Superintendent - District 6 I State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) 236-7411) { 1 r t i i t t _ r t i E - LZ Sid If 9 Wa dvN S.yoSs3SSd 9616 w d Zb-lb/69 `Ob/Sd S/lJ L9-99192 A!N ?90.9 ON/ ioo-1 F Lb�d /F �--„ 5L8t� doW /a���d 1I �LL C116 Wd OF•6Z�_.__61 �O oFTZ S91 g 9 .ii J El , !. . s,/.l�i ' 00� 0 6O E.r', � 6 A .Y 'a. S 00'OSL_'d' 96'Zb a'Y NjfiOVbL'6 dH o ^ z5 TF 0m /'✓ - '3„tF,8S,F6N ' tof F pOs B68 � 'Y ppb� -F,VF!'F 5. W �VL/O of iY ZS05 1 ZSOS W1 cc z s' p��°4 my/ ov6c sb O g O $ 7 O7'd£'91 / � Sze? F/b °0. \ • £ cbv/Gb�� 9 / Yiy 107 SZF izoti �gb6� o l 107 60Y SOYlF7 Wi-74AYp.L9iVC �1 o s616'Ad S2E 1.9v9919 LP Z /07 E -id'LY9Oi 07 ' �I ' f'r1ef��7L Y OOb=„/ . o ro Zstx1 y4� ^ iodf °� / Z 5,L-z _ ONO BEf Z6 9L Z/ '-�7i%ZF ES,S e69S � S!/6 Wd m " a \li -79&,sg1 `or 0-7S ./o ow S ro8l ooei " "q -1 6-S'Z I Ilk t G - - _ - tTS.Q7 .Cr6.o•P h . Qo a • C s b o r b � �� o •Q� R.+e��a � n O� � OW a•3 Im 1�p O o � m r v a ° r s ` b R� e � V r ,- mom; 0 NO'oe'w 0 � � b ob e �atep• b O � n a Q1 \ 6 o \ � a F n t 06Z�' , J \ N ro 2 b b 0 i o g v ro ' o . m w a O m 9 b g O ' f v n V . 0) t �1 i 1^ L ' } q t co - 4 T� _I.- •_y. All w tag i S ary r� y 4 $ a ' (aAP > ^ r� 1 p G >e, ` °4 0 n 44 o v z_ G) 4 1 t Al ' 9� f{ �;of *h 'P � � �.,�' � ti•` -$ f �4't . f F � j r i � p ,n III IT Q O y is A o V o tn` O O, .Q P • o y a Ij tr✓ O � O a � In to t0 N 0 O Aa a O a — - - O O O . I - � I a I y� I n�a I �Q� I •�j� ..ai le�i's VI IRONTREE MANAGEMENT COMPANY INC. February 6 , 1987 f L. Vincent Mayell 1200 Quail St. , Suite 290 Newport Beach, CA 92660 Re: Ironwood Association #8 Dear Mr. Mayell: Please be advised that your request for permission to develop lots 162-169, tract 5565-4 , Ironwood Country Club, Palm Desert, California, in accordance with plans as submitted is approved. Permission is also granted for the installation and use of a small trailer during the course of construction. You may access surrounding common areas for reasons related to routine and normal construction activity. The aforementioned approvals are granted contingent upon your willingness to coordinate your activities and those of your subcontractors closely with the Associations management company and landscape maintenance contractor to ensure a minimum amount of inconvenience to existing owners. Enclosed please find a copy of a letter sent this date to General Escrow advising them of the maintenance asses men situ tion. If we can be -of- furthQx , assis ance pleas call. V ry ruly Youx David 4N. e(gnecle Manager DNM:dd cc : Board of Directors 42-600 BOB HOPE DRIVE, SUITE 401 I RANCHO MIRAGE, CALIFORNIA 92270 I(619)346-1194 IN THE CITY OF PALM DESERT, CALIFORNIA SHEET I OF 2 SHEETS TRACT 551455 � 2 RECORDERS CERTIFICATE /9 f File df � day o A PORTION OF ThE W. HALF OF SECTION 32, T.5S., R.6 E., S.B.B. b� M. hs in Book of , of,Wage `' 50 LOTS . /O. 98 ACRES of the reauesf of the coup/y C/erk. PACIFIC RIM ENVIRONMENTAL ENGINEERS. DECEMBER, 1977 Fee; wo. Ba/ogih, County Recorder. rVO. ay. OWNERS CERTIFICATE ENGINEERS CERTIFICATE subdn. S'tee We hereby certify that we ore the Owners o{ the land iivc/uded /hereby certify t,�vt /arn a Registered Civi/ En %Weer of fhe within t/�e Subdivision ahown hereon; that we are the ors/y ,r�ersor�s State of California aria' that this rnap cor754st1i7y of two <Z>. s�--ees CITY CLERKS CERTIFICATE whose consent !s r7ecessory to puss a clear title to saAY ?and, and <, sUrvPy mode under my supervision G�cembPr that eve consent to the mokiny v,170e recordir� of this subdivision of/977, that a// rr��>n✓rr�Pnts showr7 hereon ortuo//y ek/sf 0r70' /, sfiei% R. 6 //�qar�, Act�iay City C/er.F of soil Ciyy of Mop os shown withni? fhe colored Border /ii7� .4ve hereby reserve their,t�sitions ore cclrrect/y shown, or w%// be irlp/oce wii`hii? ore Palm do hereby ccrfify that this rnop Wos ,vreser�ted unto ourselves, our successors and ossi' ns the right` of use of Lo fs B yevv o"" f recordation ,af thrs mop. The wi//rr�oruments be suffsc�ent to the council of sofa' City o{ Po/rn desert of o requ/or 6 fhru I"ir�c/usive, os ,private drives fort o benefit of OUrSE'/veS /o er�ob/e the surriey to be retroceq'. The survEy is true a.�d meeting or7 the d4y of and Me /of ow17e,-s Ot" this tract, 70 he used cornrnon with comp/efe os 5hcw",2. that 1hereupo.7 sold C/ty COunc/% o'id ay on order duly others. passed and entered, approve soya' mop, Opted � 7 , i9�'�__ O.</ shoy/er Gt7ted this day of ,/9 .Peg/stered C.E. leO39 Shei/o �P G�%/igon City C/Pr/C C%1y O�`•Po/rr� A�serf S�lever Spur Assoc/ates , a genera/ ,00rt/Iership d y Ironwood Corporation , � ' o Californ%O Corporofion, �.• CITY ENGINEERS CERTIFICATE �t,bnoginy partner Pres/ nt /hereby certify th71' /hove exarnli7ed this mop and found/�` Y'o be subslontio//y the some o.s it opceoreod on the/, <7tiie mop of Tract 5565 Qs filed , amended and opproried dy the City G'CX//�Ci/ 0,-2 August- as /977 a'a/e A&el 2s,9ugust /978; that o/rprari/sror�s of oP,r,'/: ob/e stole 10W c✓r2o' G`ity �Pegu/ofior�s/gone TAX COLLECTORS CERTIFICATE been complied wife , o170' that /orr� satisfied th/s rngp is technically corrFct. / hereby cerfify that According to the records of this office, as of this dote, there ore r>o /i'er�s agoins t fhe Doled ,/9 ,property shown ors fhe within mop {or unpo�d Stole, City Er7g1i?eer RC46 County, G/un1,c1pv/ or loco/ tuxes, or special ossessr,�Pnl-s /.9 - - Covnf y ro,( Co/%cfor A�i KNOWL EDGEMENTS ay ; oeo u/y Stole of Co/fornio SS County On this 7)t4 day of )%hr(Wiy , /9 1B , before rrie Borfiara lqg o Notary Pub/ic �n and for said county ar�d sole,Persona//y Qpoeored R L• SOiCer known to m SOILS REPORT e to be the Oresirlent and known ro me to oe the of Ironwood A , nar soy'/ re art jvas TAX BOND CERTIFICATE Coroorotibn, the Corp ration that executed the w/thln Instrument and known y P ,oreparecy'by Soi%, Geology to me fo be the persons who executed the Avifh-ln instrument on behalf rest/nq Gor�su/ta.ots, /r7G. on Sep," /, 1977, cis required by The flea/th ano, Sof<�ty code, dos.signedChiisftarl, ,CIE 2233dZ /here ! certify that o bond %r� the sum of has been of said corporation, soia� lorporo Lion beli?q known tome to be orle of the 7 executed and fi/Pd w✓fh f/�e Board of Suaerv�sors of /•fie ortners of S//vet Sour Associates, the ortnershi that eXecufed the Wllbin Istrument, and acknoov/ed ed to me that such Coe oration executed fhe County of Ole Co/i{orniv, condi"tinned upon the poyrnenf 9 p of a// AOa-es, slate, Caivnty, A-141nic%,vo% or /oc% and o//specr4/ same os such ,t7ortner and that such ,nSrtnership executed the some, assessments co//ecteo' os taxes, which of the time of f%/%n9 fitness my hand and ot'ficio/ sea/ of this mop with the Count �Pecorder ore a /ier� a oinst My Commission Expires AW, 22. 198p y 9 said ,property Glut r�ol yet payable and sofa'bond has been Notary Pub/lc in and for sod Cou ty ENDORSEMENTS approved by salad Board of Superv/sots. and Stote NONE Doted ,/9 Dono/d O. .Sii//ivar� County C/erk And eX-of{icio C/erk of the Board of saber vi sots By' Deputy FEB 2 4 ,M7g S03-Od02 IN THE CITY OF PALM DESERT, CALIFORNIA SHEET I OF 3 SHEETS TRA c " RECORDERS CERTIFICATE A PORTION OF THE W HALF OF SECTION 32, T.5S., R.6E., S RB.8 M. Filed this day of ,r9 , of .M. in Book of 37 LOTS ACRES o/ the -eQuest of the County Clerk. PACIFIC RIM ENVIRONMENTAL ENGINEERS. DECEMBER, 1977 Fee; , ow Balogh, Countyic'eca-a'er. OWNERS CERTIFICATE ENGINEERS CERTIFICATE Subdn. G tee We hereby cerll fy that we ore lh e Owners of fhe /and ri7C/uded /hereby certify li :> am a Reg/s/ered Civi/ 6- 1;,7eer of the w/lhii7 fhe �Tubalillslon shown hereon; that we vre t/fe on/y persons stole of Co/iforr�/o o� I =Hof fhis map cor�srsfrhg of fhre�<3� sheets CITY CLERKS CERTIFICATE whose Consent iS' neCessory to ,a0Ss O clear fit/e to saioy /and, and correctly represena"' c vPy mode u170'gr my s410ervIs10,07 December fhaf we consenl to fhe 47r7o' recordinq of fhis selbo'ivision of/977,• fhol a// rl7. . �enls shown hereon acfuo//y eXi.sl Orrd .Jcf/in Cif y Clerk ofSor'd G/fy of Map os shown wllhii7 the co%red Border /ilne . wehereby'offer to their posJlrons are c ' //y shotarr�, or xri// be lnplace withri� .one po/m'vesert, do hereby certl fy that this mQp yiUS presei7ted Pub/ic use for street purposes the area designoleo' os Lot 77; ,45 o year of recaeolallon - j 1.'71.5 rnop• The ,nona1??e171s will beSufficiCnf to the Councr%of solo' Gify of Po/m L1C5erf of a regular corno'itron of de�ayrcafion of Lot r"lForfo/a Ave.4 the owners of lands fo enable fhE' -Survey be re/raced. The Survey IS true 0170" meo/d7q thereof held on the- day Of /9?�, and obuflii�g this hrghwoy and durii�q such time Zvi// hove r7o rights of comp/ete as shown that thereupon sold city counc�/ a'ia, by oh order ctu/y access exCepl the trove/ 41s shown /iereon, passed and entered, approve said rnoo, gnoy did occep/•, Ale hereby reserve unto ourselves, our successors and assigns the right ors behalf of the ,oub/rc , the forego�r�g dedication. of use of Lots :4"ono' C"'thru f me/wive, as prwofe cy' fives for the Gbfed �C� 1 — /9_.�C _ o..� sha /er Ooted fhr's benefit o{ourSP'ves pnd the Lot owners of th/5 tr(7d, to be used rid Registered C.E. r803 cor».no17 wrfh others, sh ei/a R. Gi//igor� Ar7y, than e ri2 the o/ignrr�er�t or t�v1; yth of Lot'"r" �Poriwa qve J that City c%rk resu/ls rrn ehe vacallon thereof sha// terrnii?ate the corrdi>`ron of access City of Po/m Desert rrghfs as ho the part pacotEa', .CITY ENGINEEtS CERTIFICATE /hereby certify 117;t i hove examined this mop and hound Si%ver spur Associates , o genero/ ,00rinershlP be SUbstOn/ro//y the;.a<.�ine os /l a peorea'on the lento1'i✓e rnc.?p of rroct 5565 os fi%d . amended an0' approved by the City Coarpci/ on lugusl 2s, i9 77 Z5Auqusl/•97e,' that49/rorrwood cornorofior , o//prove ions of Q TAX COLLECTORS CERTIFICATE o Co/ifornr'o ccrporol/on Poi 1 r Monogir�g Poriner Ares/ er77' been comp/ie w o' r 41 th ' ; old of /om sofrsf/Pd this -nap /S lechrnrca//y correct / hereby certify fhol accoro'li29g to fhe records of fhis office, as of MIS dole, there are no /i'ens- agoinsT the Doled --------,/9--- _ Property show.? on Me wilhiY? '-nap for unpaid Sfole, City Engineer R.C.E• County, Mun Ciao/ Or /oca/ f0Xe5, or special assessments C:�/CPC-ed o5 foxes, exceof faxes or specr4/ assessments _ _ ,v L.), , cry gut no'yer ,oc?you%,'E, wh�ci� } ore esf�rr�ol ed to be pole4' ,/.9 county ToX collector ay oevufy ACKNOWLEDGEMENTS SOILS REPORT" Stole ofco/ forn%O '4 preiir771401­y .50,. ~reporl was prepored by Soi/, Geo%ogy TAX BOND CERTIFICATE County Of Ide } of reslli?q Con Su/fa;r>s, /nc. on Sept /, /977, as reQaired 6 the h'eo/lh and Safi ty Code, and s�9ned by C/�or/et 1/ �iiftian, ,PEE. 2?33d i hereby ctrt�fy /hot a bond d-7 the sum of hos been Or�ora flQ executed ar?d {i/ed with The Booed of Sunervi'sors of fhe on fhis day ofu�� — , /9Z, before fine 9ry County of �Piverside Ca/iforn�o, condifionedupon the poyrnent o Notary Public in ono, for solo' county and Slole, of o// tOXBS, y,stole Count Municiool, or /oca/ and a//.pecra/ ,oerson4//y appeorecy R L. Sp/cer /mown fo rrye to be /he /'resider,, assessrnenls co/%cted os loxes, which of me time of fi%ii�y and known fo me fo be the of /rory,vood of fhis map with fhe County Recorder ore o lien against Corporation, fhe Corporation mal execuled the wllhli? known Soid ,property but not yet pay06/e ohd sold bond has been to me fo be fhe persons who execuled fhe wifhri� instrument or, behalf ENDORSEMEI4TS approved by so�o' Boora' of -supervisors• of said corporafion, solo' Corpora lion beri7g known to me lobe one of the — poi117ers of Si/ver spur 4s5ocr4tes, fhe porfrershrb lhol executed the wi/hyi7 /nSfrUmen/, aryd ackrroAlledged to me that such corporofion execuled fhe - -- Doted ,/9 Doiio/d D. e- an or! some as such ,partner away Moll such porfnershrp executed fhe same, County C/elk and BX-Off/cr•o fitness n7 y hand Ono, offi•G i�o/ sea/ C/elk of fhe Board of sup erYr so rs My Comm/SS/on Expires �— • By.• Deputy Nolory Pub/ic in and /-or said County on or Sta t e FEB 2 4 1978 Soi- Oeoz SHEET 1 OF 2 SHEETS IN THE CITY OF PALM DESERT, CALIFORNIA OWNERS CERTIFICATE TRA CT 5565 RECORDERS CERTIFICATE We hereby certify that we are the Owners of the land included within the Filed this �_ day of 19 , Subdivision shown hereon; that we are the only persons whose consent is at : 15 M. in Book �_ of -re 1�1'Ia� S necessary to pass a clear title to said land, and that we consent to the A PORTION OF THE SOUTH HALF OF SECTI ON 32 , T5S . , R6E . , S . B . B . & M ' making and recording of this Subdivision Map as shown within the colored at Page S $L at the request of the County Clerk. border line. We hereby reserve unto ourselves, our successors and assigns 24 LOTS 4 . 65 ACRES Fee: $? 0 a---• Donald D. Sullivan, County Recorder the right of use of Lot "R" as a private drive for the benefit of ourselves and the lot owners of this tract, to be used in common with others. DESCOVE , INC . OCTOBER , 1978 No. g (p0,30(e BY: TdWero_ C.• • CONSULTING ENGINEERS Subdn. G' tee Title Insurance and Trust Co. Si leer Spur Associates, A General Partnership - i By Ironwood Corporation, ' Managing Partner By: President SAFECO Title Insurance Company, A California Corporation, as Trustee By: By: CITY CLERKS CERTIFICATE U S LIFE Corporation of California, _ ENGINEERS CERTIFICATE 1 , Sheila R. Gilligan, City Clerk of said City of Palm Desert, : . - A California Corporation, as Trustee By: Q ss�srgar iaE two- I hereby certify that I am a Registered Civil Engineer of the State do hereby certify that this map was presented to the Council of of California and that this map consisting of two (2) sheets correctly said City of Palm Desert at a regular meeting thereof held on the BY represents a survey made under my su ervision in October of 1978; that °a Ass t Secki.►R a day of No✓E/YlBE _ all monuments shown hereon actually exist and their positions are -3�� Y � 199$ , and that thereupon said shown, or will be in place within one year of recordation of this map. City Council did by an order duly passed and entered, approve said The monuments will be sufficient to enable the survey to be retraced. map. The survey is true and complete as shown. fi a Dated this /sT day of GZ�CfiylBc�.q 19 78 Dated AV. I 19 D. H. Shayler Registered C.E. 18039" ACKNOWLEDGEMENTS She�Ia �Ci ligan STATE OF CALIFORNIA SS . City Clerk, City of Palm Desert ) _ COUNTY OF ) L- On th is day of 1VV y 6r 19 before me, $QrbvrQ J. t a Notary Public in and for said County and State , personally appeared R. L. Spicer, known to me to be the President of CITY ENGINEERS CERTIFICATE Ironwood Corporation, the Corporation that executed the within instrument TAX COLLECTORS CERTIFICATE and known to me to be the person who executed the within instrument on behalf I hereby certify that I have examined this map and found it to be of the said Corporation, said Corporation being known to me to be one of the substantially the same as it appeared on the Tentative Map of Tract I hereby certify that according to the records of this office, partners of Silver Spur Associates, the partnership that executed the within 5565 as filed, amended and approved by the City Council on August 25, as of this date, there are no liens against the property shown on instrument, and acknowledged to me that such Corporation executed the same as 1977, the expiration date being August 25, 1978; that all provisions the within map for unpaid State, County, Municipal or local taxes, such partner and that such Partnership executed the same. of applicable State law and City regulations have been complied with, or special assessments collected as taxes. Witness my hand and official seal . and that I am satisfied this map is technically correct. Dated E�; A!�:g ;' 19 7j,. My Commission expires April Z9 /98� Dated �++ME-% � ► 19�. ��,'� T �aGL City Engineer, R.C.E. S 1 Z"T 1) ONNA BOUER /3f1 B COCK County Tax Col lector Notary Public in and for saiA BY `�' hi ��� - Deputy County and State ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS STATE OF CALIFORNIA ) SS . STATE OF CALIFORNIA ) SS . COUNTY OF kos Rn9e/tS ) COUNTY OF I * ) On thiso29 to- day of ouGm ber , 19*, before me UlndN Solander SO I LS REPORT On this Q day of 'e' 197t before me V40 f.M a Notary Public in and for said County and State, personally A preliminary soil report was prepared by Soil , Geology and Testing a Notary Public in and for said County and State, personally )� and Consultants, Inc. , on September 1 , 1977 as required by the Health and appeared / ,�%,ar /� �ui;1�O known to me to be the SS� ViCc r pan Safety Code, and signed by Charles H. Christian, R.C.E. 22330. appeared Q�� , �t4joM 4 known to me to be theMA , and of the US LIFE , known to me to be the Ssl� C/'G ary 1w. known to me to be the SIA ,s� � of the SAFECO Cor or tion that executed the within Instrument, known to me to be the persons who Title 1.4surance Company, the Corporation that executed the within Instrument, executed the within Instrument on behalf of the said Corporation, and acknowledged k to me that such Corporation executed the within Instrument pursuant to its by-laws known to me to be the persons who executed the within Instrument on behalf of the or a resolution of its Board of Directors. said Corporation, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors. Witness my hand and official seal . Witness my hand and official seal . D/ My Commission expires SIGNATURE OMISSIONS My Commission expires None N o�ar �Pb �ci 5nd �rsi d OL County and State i A - ANDL Not ry- 'Public in and for said * F County and State . `' ' ;F S E C,n�m�s�, j} � t r °s h uemDer r� 41 l 1 1 _. f SHEET 2 OF 2 SHEETS IN THE CITY OF PALM DESERT, CALIFORNIA TRACT E- --�}f #. A PORT/ON OF THE SOUTH HALF OF SECTION 32, T5S., R.6E., S.B.& a M. 24 LOTS 4.65 ACRES SrArE' /Xwr. ENGINEERS NOTES . OCTOBER 1978 Q BASIS OF BEAR/NGS IS • POINCIANA PLACE DESCOVE INC BEING .V22041'29'W PER MB CONSUL TING ENGINEERS 2- • iNDICATE5 COPERWELD MONUMENT FLUSH 0 TAGGED RCE 18039 PER MB 9817/-73 UIVLE55 OTHERWISE NOTED. ' 3_2'x2"Y18"REDWOOD STAKES FLUSH TAGGED RCE/8039 HAYSTACA' ROAD AT ALL LOT CORNERS UNLESS OTHERWISE NOTED NO. R A , L T ° J 370.00 6 54 2 9u 44-61 2 2.33 � O RD. \ 2 1000.00 2°26'08° 42.5-1 21. 26- 4-65. 00 10 02 30 81.50 40.85 �Q ACE s, ;. ;:, 1 4 465.00 I° 58� 19" 16.00 8.00 R�°`� o k ld '1 ,a•o // /� I�NA TR. 5565-5 �- , . - -t- - \ ••-' ��. \ / / '�' $u>":tiw-. X� s � AO GPI E OS OC N6i °! L6 `\ \/ b ++.".. $.� +w,� °,� * ,'- �t * .. «.w. .., e#a+. ._. - w.wr M.5565 4 �� J`O \ \ ':�,,a , A� ..t-•4y z _�.r" ,i.. e,. _ ,.-__.. 'v.M -'.`-. r\ O - \\� at Y/CINIrY MAP °' �'° 6 0 4 \ \; / -;,ti // NO SCA LE A=2s017 � � ,/ s `op00 060 .�I $ o� �� ��y +(� ��• 0 p0 CO y o \ < y ►5 0 a \ ,;_ r=e»'N��9/z�- Da 1(��� �Q• $04$ s; !�� Op �0, 55T 75.57 IV-Ile e6 {� �► 6.00 6 S $ \ 1,L I s '�"E �_roo•'sY y�'vo h (n �'' ;�/ �fji ?I.� o moo, , \ \� /,�/-_ ('dw�� '` 10 P 9�1 /�\ .//�' • ° co 00 � � 5� �_ -'r97Lj- � .pp N 00 .c ` \ '-;�• _ - 0 p0 / i 00 00 00 a_ 4 �\ \ a ° o o /�,� $ _FD. COPPER WELD HIANUMEAIT FL USN \ -/ 0 0� °° ° �:� Oj�i °Op° ,E , j6 \ TAGGED RCE /8039 1°�°act �s ' V �O ,v61°18 �/H PER MB / - -<+ ._ �.,\� �E SFr �'�► oo '� D o� >� ,,.Z/0 � � f p0 h ti O � _ 101.18 40 10 v . •� ."- , . gs°�t '/ '� tio -� _ 40yso��-„ O B•s'pp ,,2.35 '�'�i. r` ^167 � �� \ / L� b po yd op .vrrsSbe-vez - . ;,- t,♦ _;�� L V 6 p' p' 412.76 yo.00 1✓18 ? `'- ;f; \ . �, •Cp Cep/ 9b �� �� 0 40 yp p0 ti_\ \ Zoy \ / 00 .010 A0 _FQ CONC. MONUMENT IM WELL W.I. o yD.pO � y0.00 !'Oo � N7B IS ` / T4GGE0 .RCE IB039 1 I '6 2y r38 wit cy 01 \• // PER MB / r •'-. - e" «'ems - Z �;' 9 .. 1 LOT `c � I ; Jv so9-o9os DI S OWNERS CERTIFICATE IN THE CITY OF PALM DESERT, CALIFORNIA SHEET ] OF 3 SHEETS We hereby certify that we are the Owners of the land included within the Subdivision shown hereon ; that we are the only persons whose consent is - 4 necessary to pass a clear title to said land, and that we consent to the TRACT RECORDERS CERTIFICATE R making and recording of this Subdivision Map as shown within the colored Filed this �_ day of D e�. 19 border line. We hereby reserve unto ourselves, our successors and assigns the right of use of Lots "M", "N", 11011, "P" and "T" as private drives for A PORTION OF THE SOUTH HALF OF SECTION 32 , TSS . , R6E . , S . B . B . & M . the benefit of ourselves and the lot owners of this tract, to be used in at ; �5 f0 M. in Book of d , common with others. 54 LOTS 12 . 59 ACRES ' at Pages at the request of the County Clerk. i Silver Spur Associates , DESCOVE , I NC . OCTOBER, 1978 A General Partnership CONSULTING ENGINEERS Fee: $ L}. Q Donald D. Sullivan, County Recorder By Ironwood Corporation, No• ,)(o 03 05 By: ra mena- L. 9 14 Managing Partner By: President Subdn. G' tee Title Insurance and Trust Company SAFECO Title Insurance Company, A California Corporation, as Trustee By. ' By: A x . US LIFE Corporation of California, A California Corporation, as Trustee By: CITY CLERKS CERTIFICATE ssisT9..Till GE P ENGINEERS CERTIFICATE By: I hereby certify that I am a Registered Civil Engineer of the State I , Sheila R. Gilligan, City Clerk of said City of Palm Desert, ss tLee-a& V%0 of California and that this map consisting of three (3) sheets correctly do hereby certify that this map was presented to the Council ° represents a survey made under my supervision in October of 1978; that all of said City of Palm Desert at a regular meeting thereof held r '' .. monuments shown hereon actually exist and their positions are correctly t;:..� shown, or wi 11 be in place wi thin one year of recordation of this map. on the s0 r� day of 1978, and that The monuments will be sufficient to enable the survey to be retraced, thereupon said City Council did by an order duly passed and The survey is true and complete as shown. entered, approve saiA map. Dated this /J� day of ✓ pECE/YlBE.Q _, 19�8 Dated o1( 14 , i9A D.N. Sha le r � Registered C.E. 180390 ' Sheila R. Gil igan s City Clerk, City of Palm Desert ACKNOWLEDGEMENTS STATE OF CALIFORNIA ) COUNTY OF ) SS . th On this j(g - day of 014,01776er- , 197, before me, Mpn3el10 TAX COLLECTORS CERTIFICATE a Notary Public in and for said County and State, CITY ENGINEERS CERTIFICATE personally appeared R. L. Spicer, known to me to be the President of - I hereby certify that according to the records of this office, Ironwood Corporation, the Corporation that executed the within instrument I hereby certify that I have examined this map and found it to be as of this date, there are no liens against the property shown on and known to me to be the person who executed the within instrument on behalf substantially the same as it appeared on the Tentative Map of Tract the within map for unpaid State, County, Municipal or local taxes , of the said Corporation, said Corporation being known to me to be one of the 5565 as filed, amended and approved by the City Council on August 25, or special assessments collected as taxes. partners of Silver Spur Associates, the partnership that executed the within 1977, the expiration date being February 25, 1980, that all provisions instrument, and acknowledged to me that such Corporation executed the same as of applicable State law and City regulations have been complied with , such partner and that such Partnership executed the same. and that I am satisfied this map is technically correct. Dated: _7,�^G�ii�.= �_°� 197�. Witness my hand and official seal . c 19 dietle� IJOh 1' ;?0 UE/i 4.�gC0:A', County Tax Collector Dated �t�C��.nPS _c? 1 , My Commission expires _Ard Z9 1992 City Engineer, R. .E.�7z-r _-T-- gzt By: %�-1 y��-- , Deputy Notary Public in and for said County and State ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS STATE OF CALIFORNIA ) SS . STATE OF CALIFORNIA ) SS . COUNTY OF /-os An9G/GS ) ��� SOILS REPORT COUNTY OF ) On this �9�'day of 10-yernber 19 '79l , before me (G/Gr)d!l lar)a(eY A preliminary soil report was prepared by Soil , Geology and On this 10 day of 19��t' , before me ,/�. Testing Consultants , Inc. on September 1 , 1977, as required by the —fin ael �G a Notary Public in and for said County and State, personally Health and Safety Code, and signed by Charles H. Christian , R.C.E. a Notary Public in and for said County and State, personally '��/ ��330' R [_ _} t appeared 4-c QOroc �. ���//u�, known to me to be the ASS . V/CG Q►'esio�tn� and appeared IY, � known to me to be the 'f r/f�E �� and C9U 4 karimore- known to me to be the /'iSsi. seCre &,r of the US LIFE r A A� ftr. o Corporation that executed the within Instrument, known to me to b the persons who �QSI L. 'Jor 1�os known to me to be the rf the SAFECO - executed the within Instrument on behalf of the said Corporation, and acknowledged flit e Insurance Company, the Corporation that executed the within Instrument, to me that such Corporation executed the within Instrument pursuant to its by-laws known to me to be the persons who executed the within Instrument on behalf of the or a resolution of its Board of Directors. said Corporation, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors. Witness my hand and official seal . My Commission expires -20 - Witness my hand and official seal . NN My Commission expires SIGNATURE OMISSIONS `1l� s� J None Notary Public in and for said Notary Public in and for said z County and State County and State -4- IN THE CITY OF PA LM DESERT, CALIFORNIA SHEET 2 of 3 SHE TRA 0 T 5565 ti, � , Fo sro SU/e vEY �tlD/(/UME/c/T oE,e C/TYOF PAL,c fOESEe7- 4<�Z ",9A PORTION OF THE SOUTH HALF SEC. 32, T.5S-, R.6E. , S.B. B. b1c M. ir � e , PE,e �t.lB 98�7/-73 �� T l 57ACRESSI-1 ST �� „ tL;/ 54 LOTS 2. DESCOVE, INC. OC TOBER , 1978 CONSULTING ENGINEERS. , � ,FO /% /. P cv.. 05 ♦ p� TAG GEO eCE /8039 CU�21/E DA TA �/a ♦ �' / PE2 MB 781,6,!7 A/o. QAD/US d L T ♦ / ♦ ' / 2038.00 3° .32' 0/ 125. 69 — ��� 3 ZO¢8.00 .3° 30,O/" 126.31 — ��// 4 00,9000 .3° 32,0/" /28.28 5 500 /BD°W'00" /5 — _ c�; "�:-- "'',' ti// / / �, �6s e o, �0/ ooao Q� v (° 3700 7Z 00 D 7 ell& 50 Zlo.88 �- / 7.62 oo�� �=zo3800 a ; �� \\ VC^ � B 2500 88¢5'DO' 38.73 24.Q6 ��1} / / \\h hh ��S ' 000 i6 zo�� 4i2Q - ` r� '! 9 25.00 90°00 DO' 39.27 _ 25,00 s V /0 2039.00 2031'23 99.75 44.88 C \ / /5000_0 /°4/'32' 74.30 V o00000 000 �h.\�0 00 a-z3 �3- c'gs o ��/ _ —_ — /2 37QOD a54'29;' 44.6/ 22.33 p \ > o c ¢ /3 /000 00 �°o o =72 s E — 2 2(o'O8 42.5/ 0 0°,6 oo-�_ _ } f � f �-_¢�3�3 4 2500 g/°4/'49" 35.(05 2/.!02 _y ='�:• / / ' a r� �'�6s o Q 0 �(°� � a- IS. _\ 2 ,-:,,; 4 T= /5 /9lo2OD 2°37 3Z 89. 9/ 44.910 p , o �ti c a is /� ZO8-00 /04.62 52.32 k cs o"o p o Bas _ - / �: �10 moo. E n� p7- •• �` a, �' .. ,C oGo 0o h Z '0� � 3ga9e_ / o o ° w O_ N o d 6 h 0 3' ao o 0 00 o �� o �% "Soo . ' o 3 / - °, _ e 800 �J �� p �►� 00 ¢3Oo O Q° t •+ �� ip o'�Zi O k N / e00 QO `Z''�o00 tih o o °DO h� / h 0 ;� Qi 0 30 �' 4 99 0 48 oh% ;�/ 0 v w� ` / / h V�t�/ (�✓ /6Se O'oo ¢s �l �� hJiO f� {+.e I 4- Q --� / �/� O •v o 00, OO 00 j "10 tp\/. o ° VV O O O po p0' 7¢00 coM"o/v , r �¢�06 ti� o 00° <� \ // // OJ h �ti/� CSOO LOT �( G //^. 9��6 ¢So6 ' � � � Q° y'00 \ / / �� 00 �57/ I. 483 AV, v�6�22 0� �gpo0 5 5504 � 'o. ti/�10 O ty W A \o N790 \ g'S pO O 50.00 4 D 00 45 00 3S po"yY \ \ �X 0000 b 900 o N 9/0°S5 O°/ �Q o 1 al o 4°p0 o a$ Q` b a o o e ` s- E,t/G I�(/EE,e S ,Uo rES g10° O a 0 ` p hp r� uo oo_ 00 Q D +� 4 u 00 ,� p ¢� o�h 3, o 0 0 ,o° /. BASIS OF BEA,e1"0S /S T//E CEA/r25-e- / So oo• �0 00 ,00 a Y�110 00 �(015 o \ io /85 /8� 4 h �83 h aW .hohh 1 °o o h p �, G/.VE OF",4A61oOSA O,e/!�� B,61,U\0 4°' - °' gO �8G h °� h °� 0 � lQ' d/O .92 00'E PE,Ce "B791e;'6, 67 o M 2. o A/491CATES SET 5rAA/Z7A,ej9 �� � / 0 �.00 \a o 0o IB$ w v h hh 0 _ sae vE Y "OAJ61 ./6'Al r oE,e C/TY OF e R e 4 w r o 0 0 �o +, PAL/lit OESE,e T STD M-/ TAGQED SDI, �B 90$ a�j 5 E C9� 3 'Q9 °� 0 O� 39.94 40 00 9i 7B (�' \� 45 'q 23 ` (/8B'SS'Oo E 79,94\0% '�'7q o3s o sp 0p Y �.0 E /8039. ti 9��8 / 3. o //(/O/CATES SET COPPE.eWELO O 0 w = 7i9 77 �-`o's� (S TD. 'B'"A�4,ovU/L eAl r)FG USh/ PE,e 9 ° �' a 6Q. "� T' s' �2/I/E",2S/OE CO. STD. Alo 90. STA"PED ` Fa Sve✓CY tlD/l/U.(ifE�t/T \ \ ` o8_,y6S6 c w I �Z 90�'39 SS �ti 22" ` /OG°O7'02'" C.OT Mii S2pi2 �� �� / OQ G v 50 `A CG PE,e C/TY OF PAID-�DESEQ7" P (v5 D 3i'' L = Aso.x ss9zs 4. 2 ~X2 /8",eEOw000 STAKE, FLUSf/, E2 MB 9817/-73 \ $�= IQ1 $$ a m°j NjA o,ji1 /0-5 q35' r_¢6¢0-�,� T \ �\ TAGGEO ,e.C.E. /8039, SET ATAGL LOT \ ,3 Q9 o \ CD,emee T U.(/L ESS OT-1-leR V/SE .(/OTED. °° ry ,\ I .S • /�l/D/GATES FO"140 CoPPE,2h/EGD x/�3 0_ 3$ 3'°°0 354 0o G/i(/� DA TA (v ♦�� (STD B MO.t/UMEi(/T)SrA"16 A2 ,e. C.E. _ Aio BEAe%t/G 6e) /8039, FGa,5W, OE,2 "B 98 7/- 73, 20 ��8°/�'D8"E OTf/E,2K//SE it/OT 49 �\ 3� Al16°38'52 1 -- '1 Fo sro. sU,2�EY.t�ovU.(�1E.t/r 1 ;y \ `moo R�ems,, to it//I°28'34'E y / PE,2 A-/B 98l7/-73 " " — - -- ---- - - so3-off 711 IN THE C I T Y OF PA L M DESER T. CA L/FORNIA SHEET 3 OF 3 SHEETS TRACT FLUSH, STA,ISPED 2C.E 19039 A POR T ION OF THE SOUTH HALF SEC. 32, T.5S., R.6 E., S.B.B. b� M. a o, 54 LOTS /2.57 ACRES DESCOVE, INC. OC TOBER , 19 78 2 CONSUL TING ENGINEERS. j -- Ni v. 0i o,� ° a�, CUQ I/E DA TA �t.ARIPO.SA A10. QAD/US 4 L T _ 95-00 __ 7.3.00 �ie/VG UO 32DOE 2g¢ fit. _.� v Ae _BOO o0 2% Dry' 2 300 00 /7°34'23" 92.0/ 46.37 � 10 .(/O°32'G�O'E -- --- . 3 /00.00 /7049�27�' M �► // 8 ¢33 moo s a 4 /50.00 /7 49 27 4&,,1P6 23.52 5 2500 &9°OS'58/1 n _ 3 - -30./7 / 7. 23 n �'��/ ; LOT T. ,, p; !io -�, �2 93�s73 �,�� 3¢.OD (9°08'S8" /.03 _ 4 23.43 � Y `^� ��*� � � 7 342.00 /8°04'00" /O 7.84 54.3 7 l UO'�z'OD' //9.24 7 �6 ( a 9 2 'ram -- - -o i l vo`3z oo E.e, ao°3z'oo;,E 3T �, s 8 3400 l04 53 03 38 50 2/.l0/ l / Oi 3B" --- - - ��----------- Y o iBs.00 0;.3.7� � � �p ti �.�Q o -- o � / 50.0 ¢(0.00 42.00 4500 'v�6 Opt l 8� �'boo// N`Jy6 P\� 6.r o --- - - - - 73°32�2/ 32 09 /g. ,$ 0 9F 8: 13' 30 3 x Q o O 372.00 /B O¢ OD"' //7-30 o0 380.00 w pl% 4 4 0 ^ �320rj Y s6 �o �� ,� /2 ?-500 95°31008 4171 27. 57 3 35.00 90 OO OO 54 98 35.00 /63 164 165 - - - - ti�0 ,�; o Vq �o� `\moo /4 3_/.06 __ ..,, •• 0 \ A �- o e._ - N _ 5 3 G10 9/°/D'S%" 45 p �.. o o 97 2b-4 -- .d . ¢ o, ti 0 I o o N lly, 0 sm 8 .. I n op �0� o /l0 2080.00 --3°/5'S7" ►� ti 1 \ - //B.5l0 59.30 ' ' D �l o / 7 3 700 72°OO'O 7" 461.50-- TAGGED ,e CE /8039 / I ��� ^ �. o_ 00 c _ 2/o.fj8 PE2 .�B 78,'lolo l0 7<� ` ' � �0 1 z � i � � h ��i n9 � � 5 0 �* /8 25 00 70°Z/'5o"' 30. 70 \ 0 33.00 ¢2.00 d 5 w - ------- - , � 14�.00 � e w o_ 0 �� _ / 762 a o 9 2049,00 o Q o5 06 �6 '0 00 00 N � O -- --- ------ a- i - �__ - -- - 1 0/ 20 Z038.00 3 /5 57 ' \ I 0 i `V 0 .00 0 N �r �9 i 2`� 3 B5 Z N v� 2/ 380.00 o -, - ----- �� , 00 ° 'v� s.o� c 2°Do /8 „ N i0 �\ �o°0 22,a� 4 22 380.00 0 0�'/ � 00 -� � y -- ----- 8 39 /8 5740 28.?(o �� f I� ° 5 COr(.1/t.10�t/ - \ �� g0 a w N s \ j /! cam• o00a , 9 50.00 \\Q s .11a3 LOT G G Z°4 z m N �Z 00 c _4 AO I \9 3t3 28 33 l08 2� 4 93 AC.. 40ce // 2� � m vo°4� aa'E ioaoo 00 m /2 ° 00 0 0 2 ¢, 32' 000 3 ti o'Y ay'E/2, g� 00 0 0 - o o e5 ��� , 2, / m / ,00 00 � go. z o N � a000 „Zq••'" I °qi l 50Op 0 ��o" N22 cy� oo p q0� s.^° 2 I % .10°¢744'E >0000 �I 06�00 z ��o ova o 40004/'Z9 °¢l1- ' g� .240 �a 00L�f9 �00 L' •� I ,, b � .p � � 3 �� 4h Q �l4 -m 2a � 3�P /2 0�. N 22 05 32' o �'� J 000�a P � �4.01 W r� V i h \U ^ N 060 06 to O b 0 � + v� \ z s o� o CD3 0 00 °h0 /g1 \ o Q O h o 00 A o P o CA 10� P-0 3� 6�8Q �9 LA45 DATA LIVE PA TA 0 0 2"s 6 '�' s, ``\\G 0 �0 _ lVa BLAB/(/G A/o. BEA2//(/G Q 0 6 ° so 00 00 0 0� % �0 9?S7 mooQ/ 2 Al 89°25 00 Wl2) /lo ic/ 7(0°2l0' 46"W/2l oIti 0 .v 0 2/09 3 Al 7/ 024'06 "W(,2) a sss �6 3^0 �00 ¢ Al4.3°42'57 /,vE' �' o ah ���, ,, �, a �, S /t/�2°4< '42°w(,e) s6 e S o ADD - yT 0 / o 00 �3 6 >V 28°/7'37'"lWl,2) _ - - /2 ti 70°-3 '5/ Wle) _ 1 /4 Al O° 3Z'OO"E S03-0804 6 yy .r.. u.+, ,;;. ,2' . - .::: i+. ..,. fit` ., ' t S -' f ZI +.,.._ :. ...+.. _ t E r, r J I 7 ` I �oT5 Box t ;R W,4 X, J T J i PORT•OLA THow � A Sf � L/3 � �7 I LA: '- 75 � dz�83I IRo/VTPEE �R : A vE. Cup - - — - — - -ZA/ s -- — 5,640 S60 — - - — J -- — -- Li✓ Lo r 130 - , EX lST/N6 GROUND Z427- -' /7; ST LOTS TENTATIVE MAP NOTES SSO- I I SSO V I 'SEC. A -,9 1 . Owner - Developer: Silver Spur Associates _ L0T5 P. 0. Box 1727 O / 2 3 S i 7 3 I Palm Desert Calif. 92260 � I I � '9B- %99 Lem SQO 2. Tentative Map prepared b Pacific Rim project p p 540 - P Y per ro ect planner's site tan. 3, Area: Approx. 62 Ac. 217 D. U. Proposed (3.5 per Ac.) 0 t cg O 4. Utilities: Power - So. Calif. Edison Co. 00 I` PROF/GE Sc.ALcS - Telephone - General Telephone Co. a. -- -- S30 Natural 1 Gas - So. Calif. Gas Co. fM e ,O --- -- 530 -- Water - C. V. C. W. D. Sevier - C. V. C . W. D. Sanitary sewers x Z02' /OZ 5T0� - I 5. Public schools: Desert Sands Unified S20 College of the Desert Zorl p per Co. Std's, and previous units 6. Access Easements A.E . ) to be improved h with curb and gutter and 2 1/2" A.C. on comp. S.G. at 2% cross-slope. 8 9 /0 /1 /Z /3 �+d /S /6 /7 /B l9 20 Z/ z2 23 za zs 1G 17 SGO I �' � 7. Proposed land use - Planned Residential Development (C.U.P. Case 1382) per architectural drawings submitted concurrently. 8. Zoning PR-7 (No change proposed) \ - --- All utilities immediately available to site. New utilities to be Ex/ST/NG GRO!//VD underground. Existing aerial power line to be removed. 10. Size, configuration, and location of residential and common lots subject to modification on final map per architectural , title, maintenance, and covenant requirements . - - a r e � _ --k- � TO Otc C - + F l 1 . t Min. Bldg. se--back ck 10 from access easements. Min. Bld separation 10' r _ .. 41 SEC. B—g 530 --- -- � SYO \ \ E')JARrlyJSq � OR Zp 11-7 1 a a 14 y'-ter•-- 3 s _ � \ — s- 1 7 A.C + C ENTER SEC r/O N 32 r y u 1 ' ° _ 14 Ll 145 'ice' �- -- ►--- ,y 1 N_ V i C E„ J. I / /5 /S � 1 �/ i veo 15,8 Z06 4C �9 C.;� rzos EXIS'T//V G ` ' •'210 / /6 3 Z0.3 I 213 20 /6 4+1 200 r A 136 134 f v 5 �4i /T! ' �P /9/ 190, /B Q ' \ �, is �.'• / // 1 \_f f•i• ,.1 C+. L•'• /� _ � � � .-, `._.\ / �� IOU , / • ' �p \J � / 7 � . 17 32 / 7 174 131 300 O .--t J s�4 �'R ' 306 3z i_—� /�; 3 /75 /76 rt \/ < (� _� (� l �7 1` /29 /2B Z ►. \ 0 •x L 1�r i Jzc /84 J L 69 y s6o _ /78 179 i 1 70 o - r 4. 85 �� l - Jo s� 14, �;k J 34 89 �¢ s 1+ I v -s J- o v , ' si SO c 73 83 0 9/ /22 �,-2 ; 1 ! J SB 32 3 v 1 .92 ��\ j , �ZO // \ Ali •� S3 8Z - - 63 , ,k 93 -�•-' -" �' •' '�`~ ��C(/ � - �' ~_ �2 �� ` � I f � \ _� �- =r J - �'�. 75 B/ r� �% Q /p3 /Q F - _` \ I \ \ �� \1 �� \ ( ✓ S 80 J 95 6 ' S 3 y TG 0 :2 < ` ��t` 3 -� ti 79 law MESV19 W_ ; � t8 3�E45 l y7 98 /0 _„ /3 0 f/S Shoaiiz ar6.w 1� 4 27. \`2��9,C, over i \ V �� / _1 EX/5T/Nv .4r/?;'A I O / _J T YRI C,q L. STREET SEC T/0 N , - 'I 5s �. --' (/7JL/T/�S T� BE � / I - - 23 I REMO VEO /T go TO BE P = 37 - - � 36 3� �� � S /y y� x . . • ..�.- �� • � r 8 r 0` �� �� `2 3330 .29 3/ 1 .�2 oo �� VICINITY MAP o HAYSTACK ROAD P05S/8LE ' O R10 i-A + �' S FuTUR£ I I 741 NJ W% CoR. 5,Ca 332 -- -- 401o45 40fo4St SOfo60 ' DUPLEX DETACHED Q ED T rPICA L L 0 T CON F16 URA TIONS Ll LJ SECTION 32, T5S. PBS BALM OESERTs CALIF, I .. _ 0 O C s I rchitecture cA LE-�► L�. � L �W F� ►R I� L D � ,� I,�T _ . _ 17848 SKY PARK BLVD. 17848 SKY PARK BLVD. .� , ...... 1 = 100 IRVINE CALIF. IRVINE , CALIF. ........................... ... .......... ......... .*­-.-.....- . . .......... .......... CITY OF • PALM DESERT D SHEET ivil EngineeringATE . N . o� I RIASSOCIATESoDEPARTV!: IT I ! ► . . ._ Landsca a Arc it ctu ENVIR wL h e re �1TH .ruNE 3, i_9 77 EXHIBIT 73m 893 HIGHWAY 111 836 MONTGOMERY ST REVISIONS . PALM DESERT, CALIF. FRANCISCO, . SAN CALIF. JOB No S 03 0801 63/- 46 SHEE r.R. A, 1805 s 0• 6 E. r of 3 POR. NW 114 SEC. 32, T SS., 1 5554 TR• �1 25 e 9' 1 1 AL' °'' 'a A a, O.8O 0 A j' 8 $O 4 of g e L , q/" � 1" /00, a S� A . o� R IlpO 1 30 P OfLot .V� 28 29 s !s y 1 27 s 01 1 e / a 3/ z w /l o J7.fi ss.,r o f s MMON ,,,5 �f,y " L,i _1 Co /ee /oe 32 + 1'- j Sift 9 A� 14 !! ti ? e tiler �° 4 r,1 m 25 „ ° ° SEE SHEET 2 o COMMON LOT ' `• (7 B 5S,{ 33 • ' .)S y2 a lS 41� cl.ol r.s\ + v 1- tR So i° 43•b3 0 5 n 24 76 ° / P 4 11)° °o /3 o ti ry`C ? ,ee 1.BOAc. 4=•03 / , --- -- - + 12 O 23' t ° \O D 54 34 /0 la.is 16 M1 o *v .r l�• s b c r _ k9 n =e �y �� el;,ti Soy v'O` eo.oS 3Jr ' •Lt �I r 7,- lob.8 t6. '• Y . 2/ a TRsO53 r COMMON LOT /8 36 4 1e xf �''1 r°° 7 75 6 'S ti w N/9 °w20 `o ° •+4s 37 x 4 i °o J L79Ae. ® L, o 4 \ 446 2 S¢ sy i° ''1.9L �3s.•6 M h �,i w ? 9b •o y J.r� r Yi",J ---{.✓. 8 o.9oAC �Z.it 35.°i a 5 4 :a a 2 .g to © 10 =.34 e 1✓ 1 %3 5 � e L 25 f >J �s L.O S T boj4 8 3i.i 1 3f•� DATE pLONo. NEWNo. py S e Jl1 {e ON TA, 6 34 o3f.o• ;19t 3j9� i5.��1 44 pf 8 a •e� 7 '� a: /G / � � 3�.', '� N 9 i/ � 31.1, 31.0 i li „ 3su 9 3,6� A Sc. M n 1 10 + °i '�� •d I.,,j 5+['f9�d 4 ,j ? '3 /` • 73 31.i, ,n W J/e.7 ,.i, `31.�, it•*i 1 e I /.Fl •Z ; '. �/ `'3 �'qz 3S•• c _ 71 /� ro 3s ,fi ;a /9 5554 f° ° J8 M.B. �l/5 �5 �s. 2 7 ie.e �i '� -�72 js `,� zs ` 33 ).rt 35• "-Zr- 7, /6 .•°f 9 o Z • e - ---�a- 76 �f �s r, , A 3.37Ae ee? ` /4 ?f..8 s 2/ -- Ir - � a � 2 •_ - --- - , 3 r r Pt3 .9,'•z•, 4, '�,� N l3 ,./ D4r J �77 ` � 3*•° . oY 1y `1J . `= j4 %107 22 ' • . 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QJ S' ® 9 y1• n 1.56 AC e w 5 r 61 v v 3 9 0.88 AC (] 1 "' 15 : �: 103 e * 92 * ~�� " e r7 Lj° .75 r O 106 7' '3.31.n oA AC 60 r� 37 i `� 38 3S' `J h m N �' 102 •d 1.26 is,t7 L : ° 0 1 LS./ �.�7 33.fs 3f.•t a N 47 �, a ,�• e .'. 59 .sj4 n33.so 31.�, �48 N .46 /c ` 1Q1 4 [i : �f.r� 1i.94 1 p 50 49 e T w j.e \ J 93 i •�`� 4� 91 / :e 1; * 94 v Sri.. ` �eJ ?1 N �•, D.Se 33.Lo 't'0o° iCs 632 _ 200 �►J W `g9 `� 3s, 55 oSq ,� ' 3, °' " e• 58 + 53 w ,k ,s =z.,s q bi '� 46 :• r 95 W 57 l� � 3y c- " ,/.7 ZI E ti 7 96 v n98� 9 � •� �r � .. i6�• �`J 3S<d 3f.et td o� ✓tib `cJ sdf 3 - c= O •a j3 i 11 / 9 C LGJ-T x. 25 M.B. 79/22 24 rroCt 5053 455E5SOR'S MAPBK 631 PG44 RIVERSIDE COuIvrr CALIF ♦� I N � 8.1973 5 � n 7 Q I /6.25Ao•{ SEE MA P_ _ /3 I �/ I / I 0.82 Ac f zo•4�G5 9S 161,2. BO 58.50 5. 89'5S'ZS"E p4T£ OLD N* "003 doXWf 27 � J� - _1t 1m � `` MB 79/22-24 rroct No 5053 MAP 6C IQ6.25 ASSERIVERS/AE COMM GaL/F - - n.,en• G.L.O.: R/S 25/40; 2-C-59 y _ - 00 e .'1 ,K r r 000 J��51!�. 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