HomeMy WebLinkAboutRES 2022-054' RESOLUTION NO. 2022-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING A PURCHASE AND SALE AGREEMENT
BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY, AS SELLER, AND THE CITY OF PALM
DESERT, AS PURCHASER, IN CONNECTION WITH PROPERTY
OWNED BY THE SUCCESSOR AGENCY LOCATED SOUTH OF
GERALD FORD DRIVE AND WEST OF PORTOLA ROAD AND
IDENTIFIED AS THE APPROXIMATELY 1.342-ACRE PORTION OF
APN 694-310-006, AND TAKING RELATED ACTIONS
RECITALS:
A. Pursuant to AB X1 26 (which became effective in June 2011) (as
subsequently amended, the "Dissolution Act") and the California Supreme Court's
decision in Califomia Redevelopment Association, et al. v. Ana Matosantos, et al., 53
Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency ("Former Agency') was
dissolved as of February 1, 2012, and the City of Palm Desert elected to serve as the
successor agency to the Former Agency ("Successor Agency"); and
B. Pursuant to the Dissolution Act, properties of the Former Agency,
' including the property located South of Gerald Ford Drive and West of Por ola Road and
identified as the approximately 1.342-acre portion of APN 694-310-006 in the City of
Palm Desert ("Property") transferred to the Successor Agency by operation of law and
the Successor Agency owns the Property in fee simple. The Property is more
particularly described on Exhibit "A," attached hereto and incorporated herein and
shown on Exhibit "I" attached hereto and incorporated herein; and
C. On December 9, 2015, the California Department of Finance ("DOF")
approved the Successor Agency's Long Range Property Management Plan, as
amended ("LRPMP"), prepared pursuant to Health and Safety Code Section 34191.5,
which includes the Property and requires the Successor Agency to sell the Property;
and
D. The City Council desires to adopt this Resolution to approve the City's
purchase of the Property from the Successor Agency for its fair market value pursuant
to the Purchase and Sale Agreement by and between the Successor Agency and the
City attached hereto as Exhibit "C" and incorporated herein; and
E. Under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm
Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed
project and said application has complied with the requirements of the "City of Palm
' Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the
Director of Development Services has determined that the project will not have a
significant impact on the environment and that the project is categorically exempt under
RESOLUTION NO. 2022-54
Article 19, Section 15312 Surplus Government Property Sales (Class 12) of the CEQA '
Guidelines, as the project is consists of sales of surplus land, the project is not located
in an area of statewide, regional, or areawide concern, as identified in Section
15206(b)(4), and the project is not subject to any of the exceptions for categorical
exemptions identified in CEQA Guidelines Section 15300.2; therefore, no further
environmental review is necessary; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part
of this Resolution.
SECTION 2. The Purchase and Sale Agreement in the form attached hereto as
Exhibit "C" is hereby approved. The City Manager of the City is hereby authorized to
execute and deliver, for and in the name of the City, the Purchase and Sale Agreement
in substantially such form, with changes therein as the City Manager may approve (such
approval to be conclusively evidenced by the execution and delivery thereof).
SECTION 3. The officers and staff of the City are hereby authorized, jointly and
severally, to take any other such actions as they deem necessary or proper to
effectuate the purposes of this Resolution and the Purchase and Sale Agreement, and
all actions previously taken are hereby ratified. '
SECTION 4. The proposed project has been reviewed pursuant to the
requirements of California Environmental Quality Act (CEQA) and the State CEQA
Guidelines. The Project is exempt from CEQA pursuant Guidelines Section 15312,
Surplus Government Property Sales The project is the sale a 1.342-acre parcel, The
City Council, based on the staff report and materials and testimony presented during the
hearing, based on its own independent judgment, hereby finds that no further
environmental review is required because the project is exempt from CEQA pursuant to
CEQA Guidelines Section 15312.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and
the same shall take effect and be in force.
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RESOLUTION NO. 2022-54
PASSED, APPROVED, AND ADOPTED on this 231d day of June, 2022, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
d '
C. HARNIK, MAYOR
ATTEST:
Z"v
IONY JIA el' CLERK
OF PAL DESER CALIFORNIA
W
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RESOLUTION NO. 2022-54
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY t
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:
PARCEL "A":
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A
PORTION OF PARCEL "B" OF PARCEL MAP WAIVER 21-0009, RECORDED APRIL
7, 2022, AS DOCUMENT NO. 0167200, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 4
NORTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "B"'
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "B", THROUGH THE
FOLLOWING FOUR (4) COURSES:
THENCE SOUTH 000001-14" EAST, A DISTANCE OF 20.00 FEET;
THENCE SOUTH 89055'15" WEST, A DISTANCE OF 220.85 FEET;
THENCE SOUTH 00001'14" EAST, A DISTANCE OF 591.70 FEET; '
THENCE NORTH 89055'15" EAST, A DISTANCE OF 6.45 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 00003'36" WEST, A DISTANCE OF
354.13 FEET;
THENCE NORTH 89056'24" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE
WESTERLY LINE OF SAID PARCEL "B", SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF PARCEL "A" OF SAID PARCEL MAP WAIVER 21-0009;
THENCE NORTH 00003'36" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL "B",
A DISTANCE OF 942.64 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 47023'23" WEST, A
DISTANCE OF 34.01 FEET TO THE NORTHERLY LINE OF SAID PARCEL "B", SAID
LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF GERALD FORD DRIVE;
HENCE NORTH 89055'15" EAST, ALONG SAID NORTHERLY LINE A DISTANCE OF 298.60
FEET, TO THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF- WAY
OF RECORD.
CONTAINING 58,446 SQUARE FEET OR 1.342 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. '
RESOLUTION NO. 2022-54
EXHIBIT "B"
DEPICTION OF SUBJECT PROPERTY
EXHIBIT °B°
RIGHT-OF-WAY DEDICATION
(GERALD FORD DRIVE)
GERALD FORD DRIVE-^� NE COB.
_ — PAR. 'B'
ll�a VIv—
EXISTING _
!s l2 0 L1) 1
R/W AND
N'LY LINE 52.88• ETY LINE p
OF PAR. 'A' PAR. 'B'
PARCEL 'A' o m 69b
58,446 SO. Ff. n c 'jNj
1.342 AC. o ^o PQ2
o I
NW 1/4
NE 1/4
SEC. 32
W'LY LINE 10 0' 200' 400'
PAR. 'B' r
.2
N N a \
.,, O SCALE 1'-200'
1�
PAR. "A" \'
P.M.W. 21-0009
DOC. N0.-------
REC. _//_, O.R.
DATED:
60'
a O O ^
o a B 319/61-63
o
o ti a
o�
E
PAR. "B"
P.M.W. 21-0009
DOC. N0.--------_--.
REC. __/__/____, O.R.
® INDICATES DEDICATION
446 S0. Fr. FT.
1.3
7.342 AC. MORE OR LESS
() RECORD DATA PER
P.M.W. 21-0009
LINE
.B.'
DETAIL 'A'
NOT TO SCALE
LINE DATA
NO.
BEARING
LENGTH
L1
S 00'01 14 E
20.00
LP'
S 89'S515' W
220.85
L3
N 89'5515 E
6.45
L4
S OD'0336 W
354.13
LS
N 89'56 24' W
60.00
L6
N W
25
4T2355
34.01
17
13'
N 89'E
298.60
MSA CONSULTING, INC.
> 200BOBH HOPCIVIE
iVF, RANCH G>LAND SU RVE O
34200 BOB HOPE DONE, RANCHO MC MOE, CA 9ZZ)0
760320.9811 MSACON9ULTINOINC.COM 01
RESOLUTION NO. 2022-54
EXHIBIT "C"
PURCHASE AND SALE AGREEMENT
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into
as of 2022, by and between the Successor Agency to the Palm Desert
Redevelopment Agency, a public body (hereinafter referred to as the "Seller'), and the City of
Patin Desert, a municipal corporation (hereinafter referred to as the "Buyer"), with respect to the
following facts:
RECITALS
A. Seller is the owner of certain unimproved real property ("Property") located in the
City of Palm Desert, County of Riverside, State of California, described in Exhibit A attached
hereto and incorporated herein by this reference.
B. By this Agreement, Seller is agreeing to sell the Property to Buyer in accordance
with the terms hereof.
NOW, THEREFORE, the partieshereto do hereby agree as follows:
1. Purchase and Sale. Subject to and in accordance with, the terms and conditions.
hereinafter set forth, on or before (the "Closing Date"), Seller '
agrees to sell to Buyer,.ana Buyer agrees to purchase. from Seller, fee simple title to the Property,
including all existing improvements located thereon.
2. Purchase Price. The purchase price for the Property to be, paid by -Buyer is the
sum of FIFTY THOUSAND Dollars ($50,000) (the "Purchase Price'). The Purchase Price shall
be payable by Buyer in the form of cash on or before the Closing Date.
3. Delivery.of Documents on the Closing Date. As apart of this purchase and sale,
Seller covenants and agrees to cause to be delivered to Buyer a duly executed and acknowledged
grant deed in the form attached hereto as Exhibit B ("the "Grant Deed'D conveying to Buyer all.
of Seller's interest in the Property, and an assignment of leases pertaining to any lease of said
property.
4. Authorization to Record Documents and Disburse Funds. Seller shall cause the
Grant Deed to be recorded in the Official Records of Riverside County. Buyer shall pay the
Purchase Price on the Closing Date, provided Seller shall have provided the executed Grant
Deed, and other necessary and customary documents for recording the same.
5. Charges and Proration. Any real estate taxes and any other governmental
charges, regular assessments, or impositions against the Property on the basis of the fiscal year or
calendar year for which assessed; shall be pro -rated as of the Closing`Date. If the Closing Date
shall occur before the tax�rate is fixed, the apportionment of taxes on the Closing Date shall be.
based on the tax rate for the next'. preceding year applied to the latest -assessed valuationafter the
tax rate is fixed,, which assessed valuation shall be based on the. Property's assessed value prior
to the Closing Date, and Buyer and Seller shall, when the tax rate,is fixed, make any necessary
adjustment: All proration shall be determined on the basis of a360-day year.
RESOLUTION NO. 2022-54
6. Default. In.the event ofabreach or default under this Agreement by either Seller
or Buyer, the non -defaulting party.;shall have the right to terminate thisAgreenient by delivering.
written notice thereof to the defaulting party. Such termination by a non -defaulting party shall
be. without prejudice to the non -defaulting party's rights and remedies against the defaulting
party at.law or equity.
7. Notices. All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered givenupon theearlier of (a) personal delivery or (b) two (2) business days following
deposit in the United States mail, postage prepaid, certified or registered, return receipt
requested, Notices shall be.. addressed as provided in the addressesset forth in the preamble for
the respective party; provided that if any,party gives notice in writing of a change of name or
address,, notices to. such party shall "thereafter, be given as demanded in that notice.
8. Amendments. Any amendments to this Agreement shall beeffective only when.
duly executed by Seller and.Buyer.
9. Counternarts. This Agreement may be executed in counterparts, each of which,
when taken together; shall constitute one original Agreement.
10. Time is of the Essence. The parties hereto agree that time is of the essence with
respect to each term, condition and covenant hereof.
11. Entire Agreement. This Agreement, together with all exhibits hereto; integrates.
all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
' negotiations or previous agreements Between the, parties or their predecessors in. interest with
respect to all or any part of the subject matter hereof.
12. Severability. Invalidation of any of the terms, conditions, covenants, or other
provisions contained herein by judgment, or court order shall in no way affect any of the other
terms, conditions, covenant's, or provisions hereof, and the sameshall remain in full force and
effect.
13. No Third Party Beneficiary Rights. This Agreement is entered into, for the sole
benefit of Seller and Buyer and no other parties are intended to be direct or incidental
beneficiaries of this. Agreement and no third party shall have any right in, under or to this
Agreement.
14. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
15.. Further Documents. Each party will, wherever and as often as it shall be
requested by the other party, execute, acknowledge, and deliver, or cause to be executed,
acknowledged, and delivered, such; further instruments and documents, as may reasonably be
necessary in order to complete the sale; conveyance; and transfer herein provided and to do any
and all other acts and to execute, acknowledge, and deliver any and all documents as may be
requested inorder to carry out the intent and purpose of this Agreement:
-2-
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RESOLUTION NO. 2022-54
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first above written..
BUYER: CITY OF PALM. DESERT,
a municipal corporation
ATTEST:
City Clerk
By:
Name:
SELLER: SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY,
a public body
By:
Name:
Title:
ATTEST: '
Secretary
.3..
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RESOLUTION NO. 2022-54
r-,
EXHIBIT A
Legal Description
[To be provided by Seller],
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RESOLUTION NO. 2022-54
EXHIBIT B
Form of Grant Deed
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
Attention:
APN:
This Grant Deed is exempt from California documentary transfer tax
pursuant to Section 11928of the California Revenue and Taxation Code
and from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California
Government Code.
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
FOR A VALUABLE CONSIDERATION, .receipt of which is hereby acknowledged,
THE SUCCESSOR AGENCY TO THE PALM.DESERTDEVELOPMENT AGENCY, a ,
public body ("Grantor"), hereby GRANTS to THE CITY OF PALM DESERT, a:municipal
corporation ("Grantee") the land (the "Land') located in the City of Palm Desert, County of
Riverside, State of California, as described in Exhibit "A" hereto, SUBJECT TO all easements,
covenants, conditions, restrictions, and rights of way of record.
All deeds, leases or contracts entered into by Grantee, its successors and assigns,
or any successor -in -interest to all or any portion, of or interest in the Land shall contain or be
subject to substantially the following nondiscrimination or non -segregation clauses:
1. In deeds: `The grantee- herein covenants by and for and all persons
.claiming under or through them, that there shall be nodiscrimination
against or segregation of, any person or group or persons on account of.
any basis listed in subdivision (a) or (d) of Section 12955 of the. California
Government Code, as those bases are defined in Sections 12926, 12926:,1,.
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955,.
and Section 12955.2'ofthe California Government Code, inthe sale, lease,.
sublease, transfer, use, occupancy, tenure or -enjoyment of the land herein
conveyed, nor shall the grantee himself, establish or permit any such
practice or practices of discrimination or segregation with reference to the -
selection, location, number, use or occupancy of tenants, lessees,
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RESOLUTION NO. 2022-54
subtenants, sublessees or vendees in the land herein conveyed. The
'foregoing covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to
familial status, said paragraph. shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the California
Government Code. With respect to familial status,. nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the California .Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section. 51 and Section 1360 of the
California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California. Government Code shall apply tosaid paragraph."
2. In leases; "The lessee herein covenants by and for himself,, his heirs,
executors„ administrators and assigns, and all persons claiming under or
through him, mid that this lease is made and accepted upon and subject to
the following conditions:
That there shall be no discrimination againstor segregation of, any person
or group orpersons on account of any basis listed in subdivision (a) or(d)
of Section .12955 of the California Govemment Code, as those bases are
defined in. Sections 12926, 12926.1, subdivision (m)'and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the California
Government -Code, in the leasing; subleasing, transferring, use, or
enjoyment of the land herein leased nor shall the lessee himself,or any
' person claiming under or throughhim, establish or permit .any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use or' occupancy of tenants, lessees,
subtenants, sublessees or vendees in the land herein leased.
Notwithstanding the immediately preceding paragraph, with respect to
.familial status, said paragraph shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the California
Government Code. With respect to familial. status, nothing in said
paragraph shall be construed to .affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of theCalifornia Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
California,Civil Code :and subdivisions (a),.(o)and (p) of Section 12955 of
the. California Government'Code shall apply to: said paragraph."
3. In contracts: "Mere shall be no discrimination against or segregation of,
any person or group or persons on account of any basis listed in.
subdivision (a) or (d) of Section 12955 of the California Government
Code, as those bases are defined in Sections 12926, 12926.1, subdivision
(m)'and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the California Government, Code, in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land, nor shall the
M
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RESOLUTION NO. 2022-54
transferee himself or any person claiming under or through him, establish
or permir any such practice or practices of discrimination or segregation.
with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants; -sublessees or vendees in the land.
Notwithstanding .the 'immediately preceding paragraph, with respect to
familial status, said paragraph shall not be construed to apply to. housing
for older persons, as defined in Section 12955.9 of the California
Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the California Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
California Civil Coderand subdivisions (n); (o)-and (p).of Section.12955 of
the CaliforniaGovernment Code shall apply tosaidparagraph,"
All covenants contained in this Grant Deed'shall run with the land and shall be binding
for the benefit of the Grantor and the Grantee and their successors and assigns and such
covenants shall run in favor of the Grantor and the Grantee and for the entire period during.
which the covenants shall be in force and effect, without regard to. whether the. Grantor is or
remains an owner of any land, adjacent to the Land, or interest in such land.or any other land. The
Grantor, in the event of any breach of any such covenants, shallhave the right to exercise all of
the rights and remedies available under the Agreement or this Grant Deed, or at law or in equity:.
The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable
only by the Grantor and the Grantee, and their successors and assigns.
IN WITNESS WHEREOF, Grantor has executed this Grant: Deed as of the date set forth '
below.
Dated: .20
GRANTOR: SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY,
a public body
ATTEST:
Secretary
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By:
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RESOLUTION NO. 2022-54
CALIFORNIA ALL-PURPOS&ACKNOWLEDGMENT
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,
(Wn name and title fthe officer)
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 thewithin instrument and, acknowledged to me that helshe/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 theentity upon behalf of which theperson(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.
1`6401-0001\167166 1.doc
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RESOLUTION NO. 2022-54
Exhibit A
LEGAL DESCRIPTION
[To be provided]
P6401-000112671327v 1. d oc