HomeMy WebLinkAboutC35810 - PSA - APN 620-430-024 - CVWDCONTRACT NO. C35810
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZATION FOR THE MAYOR TO EXECUTE A
PURCHASE AND SALE AGREEMENT TO SELL ONE ACRE OF
THE CITY OF PALM DESERT PROPERTY, A PORTION OF APN:
620-430-024, TO THE COACHELLA VALLEY WATER DISTRICT
(CVWD)
SUBMITTED BY:
PROPERTY:
BUYER/SELLER
DATE:
CONTENTS:
Recommendation
By Minute Motion:
Rudy Acosta, Assistant City Manager
CVWD/City of Palm Desert
October 13, 2016
Agreement of Purchase and Sale and Escrow Instructions
Parcel/Site Map
1. Authorize the Mayor to execute a Purchase and
and escrow documents between the City of Pe
Valley Water District (CVWD) for the sale of a c
430-024 along Country Club Drive.
Envision Palm Desert
Not applicable to this transaction.
Background
Sale Agreement, Grant Deed
m Desert and the Coachella
ne-acre portion of APN: 620-
The subject property was originally listed on the Successor Agency to the Palm Desert
Redevelopment Agency's Long Range Property Management Plan (LRPMP) as the
9.34-acre Desert Willow Lot Pad 12(g) consisting of two 4.67 acre parcels (APN's: 620-
430-024 & 025) located on the north side of Country Club Drive, east of Portola Avenue,
with a land use designation as commercial/office use.
Staff Report
Authorize Purchase/Sale Agreement with City for one acre of APN: 620-430-024
October 13, 2016
Page 2 of 3
On April 4, 2016, the Oversight Board approved the formation and sale of a one -acre
portion of the total 9.34-acre site to the City of Palm Desert, thus reducing Lot Pad 12(g)
to 8.34 acres. Council may recall that the objective of this action was to establish a
separate one acre City owned lot that could be sold or transferred to the Coachella
Valley Water District for development of a future well site. The site is critical to CVWD's
plans for new well sites of sufficient size and location to accommodate the requirements
of Chromium 6 Extraction facilities.
Discussion
In the past year, City staff has worked with CVWD to identify the best location south of
Frank Sinatra Drive for a new well site. Recent testing of existing CVWD well sites in
the northern section of Palm Desert has revealed the need to treat well water for
remediation of Chromium 6 presence. CVWD has identified the Country Club Drive
property as feasible and optimum for a future well site.
Specifically, all new CVWD domestic water well sites will now be required to facilitate
the installation of Chromium 6 extraction equipment. In order to meet the new
requirements, sufficient area is needed for the transfer process and additional filtration
facilities. Therefore, the typical Y2 acre well site dimension no longer suffices.
The original concept of forming the one -acre Country Club well site was initiated by
Staff in the context of the City's acquisition of a CVWD (undeveloped) well site along
Dinah Shore Drive east of Monterey. CVWD has agreed to sell said well site on the
condition that the City of Palm Desert agree to sell the Country Club property and its
permitting as a well site facility. A separate staff report is included on this agenda to
address that specific action.
Upon Council authorization of both actions, and per the respective Purchase and Sale
Agreements, the transactions will be processed via concurrent escrow closings. The
sale price of the one -acre parcel is derived from the 'net difference' in land area
between the City Country Club property (one -acre) and the CVWD Dinah Shore
property (.67 acre) or .33 acre. The square foot value of the City property is $7.00/S.F.
Therefore, CVWD has agreed to a total purchase price of $100,650.00
G \Econ DevelopmentkRuoy Acosta\Stat1 Reports - 2016XSR 10 13.16 CVWD lac ooc
Staff Report
Authorize Purchase/Sale Agreement with City for one acre of APN: 620-430-024
October 13, 2016
Page 3 of 3
Fiscal Analvsis
Because City funds to purchase the site were appropriated from Unobligated General
Fund Reserve when purchased by the City, the sale proceeds of $100,650 will be
returned to the General Fund Reserves.
Submitted By:
k1t / --
�n1 Ru Acosta, Assistant City. Manager
Reviewed:
Janet M` or , Director of Finance
Approved:
P
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Aylaian, City Ma
G 1Econ DeveiopmentlRuay AcostalStaH Reports - 20161SR 10 13 16 CVWD lac aoc
CONTRACT NO. C35810
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
Foresite Escrow Escrow No:
("Escrow")
41-995 Boardwalk, Ste G-2
Palm Desert, CA 92211
Attention: Esther Lopez, Escrow Officer
("Escrow Holder")
THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW
INSTRUCTIONS ("Agreement') is dated for reference purposes as of this
day of , 2016 (the "Effective Date"), by and between the CITY OF PALM
DESERT, a public entity ("Seller"), and COACHELLA VALLEY WATER DISTRICT, a
public agency of the State of California ("Buyer"). This Agreement is made with
reference to the following facts:
RECITALS
A. Seller is the owner of certain real property located in the City of Palm
Desert, Riverside County, California, commonly known as a 1 acre portion of APN: 620-
430-024 and more particularly described in Exhibit A attached hereto ("Property").
Reference herein to the Property includes all of Seller's right, title and interest in and to
any and all improvements, fixtures, rights -of -way, utility rights, entitlements, claims or
other benefits in any way connected with the Property.
B. Buyer is the owner of certain real property located in the City of Palm
Desert, Riverside County, California, commonly known as APN: 694-060-010 ("Dinah
Shore Property") and more particularly described in that certain Agreement of
Purchase and Sale and Escrow Instructions of even date by and between the City of
Palm Desert and Coachella Valley Water District ("Dinah Shore Purchase
Agreement")
C. Buyer desires to purchase the Property from Seller and Seller desires to
sell the Property to Buyer pursuant to the terms and conditions set forth in this
Agreement.
D. Through a separate but related transaction, Seller intends to purchase the
Dinah Shore Property from Buyer and Buyer intends to sell the Dinah Shore Property to
Seller pursuant to the terms and conditions set forth in the Dinah Shore Purchase
Agreement.
72500 00893\29145059.4
CONTRACT NO. C35810
THE PARTIES AGREE AS FOLLOWS:
1. Purchase and Sale of Property. Upon the terms and conditions described
below, Buyer agrees to purchase and Seller agrees to sell and convey the Property to
Buyer.
2. Purchase Price. The purchase price for the Property will be an amount
equal to One Hundred Thousand Six Hundred Fifty Dollars ($100,650.00) ("Purchase
Price"). The purchase price shall be paid in cash, and this Agreement is not subject to
any financing contingency. The parties acknowledge and agree that the Purchase Price
hereunder, when considered along with the purchase price in the related transaction
pursuant to the Dinah Shores Purchase Agreement, represents fair and reasonable
value.
3. Pavment of Purchase Price. Not later than two (2) business days prior to
Closing, Buyer shall deposit with Escrow Holder in immediately available funds the
Purchase Price, together with such other amounts, if any, as may be required in order to
pay Buyer's share of closing costs prorations.
4. Title.
4.1 Preliminary Title Report. Upon execution of this Agreement by both
parties, Seller will order from Fidelity National Title Company (through its Riverside,
California office — "Title Company") a preliminary title report, together with legible
copies of all title exception documents described therein (collectively the "Report").
Within five (5) business days after Buyer's receipt of the Report, Buyer may object, by
written notice to Seller, to any title exceptions which Buyer determines are
unacceptable, in Buyer's sole discretion. Seller may thereafter elect, at its option and at
its sole cost and expense, either to eliminate such title objections prior to or at the Close
of Escrow, or not to do so. Failure by Seller to elect in writing whether to eliminate title
objections will be deemed an election by Seller not to eliminate title objections. If Seller
is unable or unwilling to eliminate any such title objections, Buyer may elect to terminate
this Agreement. Alternatively, Buyer may elect to waive any such title objections and
accept title to the Property subject to such matters. The Closing Date (described in
Section 7.3 below) shall be extended if necessary in order to allow for the receipt,
review and notice of title objections and response thereto, as described in this Section
4.1.
4.2 Title Policv. At Close of Escrow, Seller will convey good and
marketable title to the Property to Buyer as evidenced by a CLTA Standard Form
Owners Policy of Title Insurance, or at Buyer's election and expense, an ALTA
Extended Owner's Policy of Title Insurance, issued by the Title Company in an amount
equal to the Purchase Price, and containing such endorsements (the "Endorsements")
as Buyer may, at Buyer's expense, reasonably require ("Title Policy").
5. flntentionally Omittedj.
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CONTRACT NO. C35810
6. As Is Acceptance of Property. Buyer acknowledges that prior to Close of
Escrow, it will have had the opportunity to conduct such tests and evaluations as it
deems reasonably necessary in order to investigate the condition of the Property,
including its environmental status. Buyer acknowledges that it is acquiring the Property
in its "as is" condition with no warranty or representation from Seller regarding the
physical condition of the Property, its environmental condition or its suitability for
Buyer's intended purposes. Buyer acknowledges that it is acquiring the Property based
solely in reliance on its own inspections and examination and its own evaluation of the
Property. Buyer agrees that no representations, statements or warranties have at any
time been made by Seller or its agents regarding the physical condition of the Property
except as may be contained in this Agreement. Buyer acknowledges that there may be
conditions affecting the Property unknown to Buyer that may adversely affect its value
or use for Buyer's intended purposes. Buyer nevertheless waives any rights or
recourse it may have with respect to such unknown conditions and any damage, loss,
costs or expense related thereto, including rights accruing under California Civil Code §
1542, which provides:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known by him
or her must have materially affected his or her settlement
with the debtor."
Buyer acknowledges that it has either consulted with or had an opportunity to
consult with legal counsel regarding the above waiver. The provisions of this Section 6
will survive Close of Escrow.
Buyer Initials
7. Escrow.
7.1 Escrow Instructions. This Agreement shall constitute instructions of
Buyer and Seller to Escrow Holder. The parties agree to execute such additional pro
forma instructions as Escrow Holder may reasonably require, however, in the event of a
conflict, the terms and provisions of this Agreement shall govern.
7.2 Openinq of Escrow. Upon execution of this Agreement, Buyer and
Seller shall cause an escrow to be opened with Escrow Holder by depositing with
Escrow Holder a fully executed copy of this Agreement. Escrow shall be deemed
opened as of the date this Agreement is deposited with Escrow Holder ("Escrow
Opening").
7.3 Close of Escrow: Closinq Date. "Close of Escrow" shall mean the
date on which the Grant Deed conveying title from Seller to Buyer is recorded in the
Official Records of the County Recorder of Riverside County, California. The form of
the Grant Deed will be as set forth in Exhibit B attached hereto. Provided that this
72500 00893\29145059 4 3
CONTRACT NO. C35810
Agreement is not earlier terminated pursuant to the terms and provisions hereof, and
provided that all of the conditions precedent to the Close of Escrow set forth in this
Agreement have been approved or waived as herein provided, Escrow shall close on or
before thirty (30) days following the Escrow Opening ("Closing Date"). Seller may
terminate this Agreement if Seller has performed its obligations hereunder, and failure
to close Escrow results from a material default by Buyer. Buyer may terminate this
Agreement if Buyer has performed its obligations hereunder, and failure to close Escrow
results from a material default by Seller. By causing the Close of Escrow to occur,
Escrow Holder shall be deemed to have irrevocably committed to cause the Title
Company to issue the Title Policy to Buyer. If the County Recorder of Riverside County,
California is closed on the last day for closing Escrow, then the parties agree that
Escrow Holder shall have until the next day the Recorder is open to record the Grant
Deed and close Escrow.
7.4 Documents and Funds from Buver. Not later than two (2) business
days prior to the Closing Date, Buyer will deliver or will assure that the following
documents and funds have been delivered to Escrow Holder:
(a) Purchase Price. The Purchase Price, as described in
Section 2 above.
(b) Preliminary Change of Ownership Statement. A Preliminary
Change of Ownership Statement or in lieu thereof, the appropriate fee, to be provided to
the Recorder's office at Close of Escrow.
(c) Other Sums and Documents. All other sums and documents
required by Escrow Holder according to this Agreement to carry out and close the
Escrow.
7.5 Documents and Funds from Seller. Not later than two (2) business
days prior to the Closing Date, Seller will deliver or will assure that the following
documents and funds have been delivered to Escrow Holder:
(a) Grant Deed. A fully executed and acknowledged Grant
Deed conveying the Property to Buyer, or Buyer's nominees or assigns, in fee simple.
(b) FIRPTA Affidavit. An original affidavit, using Escrow
Holder's standard forms, certifying that Seller and this transaction are not subject to the
withholding requirements of the Foreign Investment in Real Property Tax Act and
equivalent California legislation.
(c) Other Sums and Documents. All other documents and sums
required by Escrow Holder according to this Agreement to carry out the Escrow and to
issue the Title Policy to Buyer in the form required by Buyer.
7.6 Conditions to the Close of Escrow. Close of Escrow shall not take
place unless and until:
72500 00893\29145059 4 4
CONTRACT NO. C35810
(a) Seller's Obliqation. Seller's obligation to sell the Property to
Buyer is contingent on the following:
(i) Buyer shall have delivered the Purchase Price, less
any credits described in this Agreement, for the
Property.
(ii) Buyer shall have timely performed all other
obligations of Buyer under this Agreement.
In the event that any of the foregoing conditions have not
occurred or been satisfied or waived by the Closing Date, Seller shall be entitled to
terminate this Agreement and, subject to the provisions of Section 7.9 below, any funds
deposited by Buyer and any interest thereon will be returned to Buyer.
(b) Buver's Obligation. Buyer's obligation to purchase the
Property is contingent on the following:
(i) Buyer shall have approved or shall be deemed to
have approved the Report for the Property pursuant
to Section 4.1.
(ii) Seller shall have delivered insured title to the Property
on the terms required by Section 4.
(iii) No loss or damage to the Property shall have
occurred which would permit Buyer to terminate this
Agreement pursuant to the provisions herein below.
(iv) Seller shall have performed all of its other obligations
under this Agreement.
(v) Escrow regarding the Dinah Shore Property pursuant
to the Dinah Shore Purchase Agreement shall close
and the transactions contemplated thereby shall be
complete prior to or contemporaneous with the Close
of Escrow hereunder.
In the event that any of the foregoing conditions have not
occurred or been satisfied or waived by the date(s) specified, Buyer shall be entitled to
terminate this Agreement and, subject to the provisions of Section 7.9 below, any funds
deposited by Buyer, and any interest thereon will be returned to Buyer.
(c) Delivery of Sums and Documents. Both parties have
deposited with Escrow Holder all sums and documents required by this Agreement.
(d) Title Policv. The Title Company is prepared to issue the Title
Policy to Buyer with title as described in Section 4 above.
72500 00893\29145059A 5
CONTRACT NO. C35810
7.7 Closinq Procedure. Upon receipt of all funds and instruments
described in this Section 7, and upon satisfaction or waiver of all contingencies and
conditions set forth in this Agreement, Escrow Holder shall:
(a) Record the Grant Deed. Record the Grant Deed in the
Official Records of Riverside County, California.
(b) Title Policv. Cause the Title Policy to be issued.
(c) Purchase Price. Deliver the Purchase Price to Seller, less
any costs and expenses shown on the closing statements approved by Seller and
Buyer, which costs and expenses shall be disbursed as instructed by Seller and Buyer
in escrow instructions delivered to Escrow Agent prior to the Closing Date.
7.8 Electronic/Counterpart Documents. In the event Buyer or Seller
utilizes "facsimile" or other electronically transmitted signed documents, the parties
hereby agree to accept and instruct Escrow Holder to rely upon such documents as if
they bore original signatures. Buyer and Seller hereby agree, if requested by Escrow
Holder, to provide to Escrow Holder within seventy-two (72) hours after transmission,
such documents bearing the original signatures. Buyer and Seller further acknowledge
and agree that electronically transmitted documents bearing non -original signatures will
not be accepted for recording and that the parties will provide originally executed
documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize
documents which have been signed by Buyer and Seller in counterparts.
7.9 Costs of Escrow and Closinq Costs. Buyer will pay one-half of
Escrow Holder's fee, and any additional costs and charges customarily charged to
buyers in accordance with common escrow practices in Riverside County. Seller shall
pay one-half of Escrow Holder's fee, the costs and expenses associated with the Title
Policy as described in Section 4. Due to the status of Buyer and Seller as public
agencies, no recording fee will be payable (pursuant to Government Code Section
27383) and no documentary transfer tax will be payable (pursuant to Revenue &
Taxation Code Section 11922). Any additional costs and charges customarily charged
to sellers in accordance with common escrow practices in Riverside County.
7.10 Propertv Taxes and Assessments. Under Seller's ownership, the
Property has not been subject to real property taxes or assessments. At the Close of
Escrow, Buyer will become liable for all real property taxes and assessments (including
any supplemental assessments) allocable to the Property after the Close of Escrow.
7.11 Brokers' Commissions. Neither party has had any contact or
dealings regarding the Property, or any communication in connection with the subject
matter of this transaction, through any real estate broker or other person who can claim
a right to a commission or finder's fee in connection with the sale contemplated herein.
If any other broker or finder perfects a claim for a commission or finder's fee based
upon any such contact, dealings or communication, then the party through whom such
person makes its claim shall indemnify, hold harmless and defend the other party
72500 00893\29145059 4 6
CONTRACT NO. C35810
(the "Indemnified Party") from any and all costs, damages, claims, liabilities, losses, or
expenses, (including without limitation, reasonable attorneys' fees and disbursements)
incurred by the Indemnified Party in defending against the claim. The provisions of this
Section shall survive termination of this Agreement and the Close of Escrow.
7.12 Possession. Possession of the Property shall be surrendered to
Buyer at the Close of Escrow.
7.13 Report to IRS. After Close of Escrow and prior to the last date on
which such report is required to be filed with Internal Revenue Service ("IRS"), and if
such report is required pursuant to Section 6045(e) of the Internal Revenue Code,
Escrow Holder shall report the gross proceeds of the purchase and sale of the Property
to the IRS on Form 1099-13, W-9 or such other form(s) as may be specified by the IRS
pursuant to said Section 6045(e). Concurrently with such filing, Escrow Holder shall
deliver a copy thereof to Buyer and Seller.
8. Remedies for Default. If Seller defaults under this Agreement, Buyer may,
at its option, terminate this Agreement or initiate an action for specific performance of
this Agreement.
9. Notices. Any and all notices required or permitted to be given hereunder
shall be in writing and shall be (i) personally delivered, or (ii) sent by recognized
overnight delivery service, mailed by certified or registered mail, return receipt
requested, postage prepaid. Any such notice or communication shall be effective when
received by the addressee or upon refusal of such delivery to the parties at the
addresses indicated below:
To Seller: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Manager
To Buyer: Coachella Valley Water District
75515 Hovley Lane East
Palm Desert, CA 92211
Attn: Jim Barrett, General Manager
Any party may change its address by a notice given to the other party in the manner set
forth above.
10. Miscellaneous.
10.1 Integration. This Agreement supersedes all prior agreements and
understandings between the parties relating to the subject matter hereof. Neither of the
parties has relied upon any oral or written representation or oral or written information
given to it by any representative of the other party.
72500 00893\291 45059 4 7
CONTRACT NO. C35810
10.2 Binding Effect. This Agreement shall bind and inure to the benefit
of the parties, their respective heirs, successors and assigns.
10.3 Amendment/Modification. No change or modification of the terms
or provisions of this Agreement shall be deemed valid unless in writing and signed by
both parties.
10.4 Governinq LawNenue. This Agreement shall be construed,
interpreted and applied in accordance with the laws of the State of California. Any
litigation or arbitration regarding the Property or this Agreement will be brought in
Riverside County Superior Court or conducted in Riverside County.
10.5 Business Days. Reference herein to "business days" means any
day excluding Saturday, Sunday and any day which is a legal holiday under the laws of
the State of California or in the City of Palm Desert.
10.6 Waiver. No waiver of any breach or default shall be construed as a
continuing waiver of any provision or as a waiver of any other or subsequent breach of
any provision contained in this Agreement.
10.7 Attorneys' Fees. In the event of any action or proceeding to
enforce or construe any of the provisions of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to reasonable attorneys' fees and costs.
10.8 Assignability. Any assignment of Buyer's rights under this
Agreement shall require the prior written consent of Seller, which Seller may grant or
withhold in its sole discretion.
10.9 Time of the Essence. Time is of the essence of this Agreement.
10.10 Escrow Agent. Escrow Agent shall conduct the Close of Escrow in
accordance with the terms and provisions of the escrow instructions to be given to
Escrow Agent by the parties in a form consistent with this Agreement. To the extent of
any conflict or inconsistency between the terms and provisions of this Agreement and
the escrow instructions, the terms of this Agreement shall control.
10.11 Exhibits. All Exhibits which are referred to herein and which are
attached hereto or bound separately and initialed by the parties are expressly made and
constitute a part of this Agreement.
10.12 Counterparts. This Agreement may be executed in counterparts
and when so executed by the parties, shall become binding upon them and each such
counterpart will be an original document.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
72500.00893\29145059.4 8
CONTRACT NO. C35810
SELLER:
CITY OF PALM DESERT,
A California municipal corporation
By:
Name: Robert A. Spiegel
Its: Mayor
BUYER:
COACHELLA VALLEY WATER
DISTRICT,
a public agency of the State of
California
ATTEST:
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
Rachelle Klassen, City Clerk Robert W. Hargreaves, City Attorney
72500 00893\29145059.4 9
CONTRACT NO. C35810
CONSENT AND ACKNOWLEDGMENT OF ESCROW HOLDER
Escrow Holder hereby agrees to (i) accept the foregoing Agreement, (ii) act as
the Escrow Holder under said Agreement and (iii) be bound by said Agreement in the
performance of its duties as Escrow Holder.
Escrow Holder acknowledges receipt on the date hereof of originals or
counterparts of the foregoing Agreement fully executed by Seller and Buyer.
Escrow Holder advises the parties that the date of the Opening of Escrow is
, 2016.
Dated: , 2016 FORESITE ESCROW
By:
Its: Escrow Officer
72500 00893\291 a50594 10
CONTRACT NO. C35810
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM DESERT, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS. -
[NEED LEGAL DESCRIPTION TO RELATE TO 1 ACRE PARCEL BEING CONVEYED -
LEGAL DESCRIPTION IN TITLE REPORT IS FOR ENTIRE PARCEL.]
72500 00893Q29145059 4
CONTRACT NO. C35810
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL
Being a portion of the east half of the southeast quarter of the southwest quarter of the
southwest quarter of Section 4, Township 5 South, Range 6 East, San Bernardino Meridian,
in the City of Palm Desert, County of Riverside, State of California, according to an official
plat filed in the District Land Office, more thoroughly described as follows:
The westerly 150.00 feet (measured at right angles) of the southerly 345.29 feet (measured
at right angles) of said east half of the southeast quarter of the southwest quarter of the
southwest quarter of Section 4, T. 5 S., R. 6 E., S.B.M.;
EXCEPTING THEREFROM the southerly 55.00 feet.
PARCEL A CONTAINING 1.00 acre, more or less.
AS SHOWN ON EXHIBIT "B" attached hereto and by this reference made a part hereof.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record, if any.
This legal description and accompanying plat were prepared by me or under my direction in
conformance with the requirements of the Professional Land Surveyors Act.
Christopher L. Alberts, PLS 8508
/c�- Z�/6
Date
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Page 1 of 1
CONTRACT NO. C35810
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I N T E R N AT 1 0 N A L
i 74130 Country Club Drive, Suite 201
Palm Desert, CA 92260
www.mbakerintl.com
o:760-346-7481 f:760-346-B315
JN: 152394
CONTRACT NO. C35810
EXHIBIT B
GRANT DEED
[See Attached]
72500 00893\29145059 4
No Recording Fee Pursuant to Gov't Code §27383
No Documentary Transfer Tax Pursuant to
California Revenue & Taxation Code §11922
RECORDING REQUESTED BY:
CITY OF PALM DESERT
73510 Fred Waring Drive
Palm Desert, CA 92260
WHEN RECORDED RETURN TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, CA 92236
APN: 620-430-024 Above Space for Recorder's Use FILE:
TRA: 018-201
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF PALM DESERT, a California municipal corporation ("Grantor"), hereby grants
to COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California
("Grantee"), the following described real property (the "Property") situated in the City
of Palm Desert, County of Riverside, State of California:
SEE EXHIBIT "A" ATTACHED HERETO
IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and
this instrument to be executed by its duly authorized officer.
DATED: 2016 GRANTOR:
CITY OF PALM DESERT, a California
municipal corporation
By:
Name:
Title:
Doc. No.
72500 00893\291.150>9.1
CONTRACT NO. C35810
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me,
Notary Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
72500 00893\29145059A 2
CONTRACT NO. C35810
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A
Being a portion of the east half of the southeast quarter of the southwest quarter of the
southwest quarter of Section 4, Township 5 South, Range 6 East, San Bernardino Meridian,
in the City of Palm Desert, County of Riverside, State of California, according to an official
plat filed in the District Land Office, more thoroughly described as follows:
The westerly 150.00 feet (measured at right angles) of the southerly 345.29 feet (measured
at right angles) of said east half of the southeast quarter of the southwest quarter of the
southwest quarter of Section 4, T. 5 S., R. 6 E , S.B.M.;
EXCEPTING THEREFROM the southerly 55.00 feet.
PARCEL A CONTAINING 1.00 acre, more or less.
AS SHOWN ON EXHIBIT "B" attached hereto and by this reference made a part hereof.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record, if any.
This legal description and accompanying plat were prepared by me or under my direction in
conformance with the requirements of the Pro;essional Land Surveyors Act.
✓) _
Christopher L. Alberts, PLS 8508
/Y-1?-16
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CONTRACT NO. C35810
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NOTE:
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PER P.M.B. 208166-67.
PLAT TO ACCOMPANY A LEGAL DESCRIPTh
FOR A WELL SITE — PARCEL A.
LOCATED IN THE SW 1/4 OF SECTION 4, T.5S., R.6E., S,B.M.
H:\MATA\i52394\CAW\ B.DWG PAULGA.RNER 3/17/`f 4:29 om
INTERNATIONAL
74130 Country Club Drive, Suite 201
Palm Desert, CA 92260
www.mbakerintl.com
o 760-346-7481 1: 760-346-8315
J�N: 1'52�94
Recording requested by and
when recorded return to:
Coachella Valley Water District
Post Office Box 1058
Coachella, California 92236
RESOLUTION
It was moved by Director Nelson, seconded by Director Pack, and carried unanimously that the
General Manager, or his/her designee is hereby authorized, on behalf of COACHELLA VALLEY
WATER DISTRICT, to accept offers of dedication of easements and to execute the applicable
acceptance certificate or acceptance resolution, which may be required to be conveyed to CVWD for
real property underlying Facilities. Said transfers and conveyances may be required to be provided
through dedication by final parcel/tract map or dedication by separate instrument/document. Such
dedication requirements may be imposed under the discretion of the General Manager, or his/her
designee, pursuant to the applicable rules and regulations of CVWD.
As of the effective date of Resolution 2015-23, the provisions of this Resolution shall be deemed
to supersede, and otherwise be controlling, over Resolution 78-248. As a result, the Board hereby
consolidates into this one Resolution the authority for accepting offers of dedication of fee title and
casements, and the execution of the applicable acceptance certificate or acceptance resolution, which
may be required to be provided to CVWD.
STATE 01- CALIFORNIA )
COACHELLA VALLEY WATER DISTRICT ) ss.
OFFICE OF TI IE SECRETARY )
I. SYLVIA BERMUDEZ, Clerk of the Board of Directors of the Coachella Valley Water District,
DO HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by said Board at a
regular meeting thereof duly held and convened at its office at Palm Desert, California, on the 10`'
day of February, 2015, at which meeting all Directors were present and acting throughout.
I further certify that by authority of said Resolution I accept and consent to the recording of the
attached Grant Deed to Coachella Valley Water District, dated , executed by , ,
concerning a portion of the quarter of section township south, range
east, San Bernardino Base and Meridian, for purposes.
Dated this day of
Sylvia Bermudez
Clerk of the Board
ATTEST
Maricela Cabral
Board Administrative Assistant 11
APN 620430-024
72500 00893\291450594