HomeMy WebLinkAboutCC RES 89-006'i
R£SOIUTION N0. R9-6
A RESOIUT l ON OF TFIE C I TY COl1NC I L OF TFf C I TY OF PALM DESERT.
CALIFORNIA. TAKING CERTAIN ACTIOtiS [N COlM�CTION MITH CERTAIN
CI�IANCfS TO THE PROCEEOINGS FOR ASSESSMENT D[STR1C7 N0. 87-1.
RECITALS:
A. Pursuant to the Munlcipal Improvement Act of 1913, CalSfornia
Streets and Highways Code Section 10000, et se .(heretnafter the "1913 Act"),
the City Council of the City of Palm Oesert, by 1ts Resolution No. 88-73,
confirmed an assessment upon the assessable lots, pleces, and parcels of land 1n
Assessment Otstrtct No. 87-1.
B. Pursuant to the requirements of Section 10401 of the 1913 Act, the
assessment dlagram and assessment for Assessment Distrlct No. 87-1 Nere filed in
the office of the City Treasurer and tn the offlce of the C1ty Engineer and the
assessment dtagram and a notice of assessment were recorded 1n the office of the
County Recorder of the County of Riverside. Upon such recordatlon, the several
assessments assessed on the lots, pteces and pa�cels shown on the assessment
diagram became a 11en upon the lots or porttons of lots assessed, respectively.
C. [n order to complete the works of improvement for Assessment
District No. 87-1, it is necessary for the City to acquire a seWer easement
across certain property located on El Cortez Way. Pursuant to the provislons of
Californfa Code of Cfvfl Procedure Section 1230.010, et seq•. the City instituted
emtnent domatn proceedings for the acquisition of a seaer easement across a
vacant lot owned by Jack J. Blume and Eunice H. Blume, Trustees of the Blume 1988
Family Trust, dated January 26. 1988 (herelnafter the "Blumes") on E1 Cortez Way.
0. The Blumes have indicated their Willingness to exchange the parcel
of real property owned by them located within the boundaries of Assessment
District No. 87-1 (Assessor's Parcel No. 625-061-020; Assessment No. 11.022) for
a parcel of property of approxlrt►etely equal value oWned by the Ctty located
withtn the boundaries of Assessment District No. 87-1 (Assessor's Parcel No. 627-
052-032; Assessment No. 6.140). The Blumes have further indicated thelr
wt{lingness to take possesslon of the Cfty-owned parcel, subject to the
imposltlon of an assessment agalnst such parcel in the amount of =2,694.72.
NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
FIND, ORDER ANO RESOLVE AS FOLLOWS:
Section 1. Upon, and as a condition of, the exchange of parcels
descrtbed in Paragraph D, above, the City Councll hereby authorizes and directs
the City Engineet to modlfy the assessment filed in the offlce of the City
Treasurer and in the office of the City Engineer to reflect an assessment agatnst
Parcel No. 625-061-020 of Z0.00 and an assessment against Parcel No. 627-052-032
of �2,694.72.
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AGR�EMENT
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0�-349 RESOLUTION NO, gg_6
This Agreement is made and entered into as of the 18th
day of January, 1989, by and between the CITY OF PALM DESERT, a
municipal corporation, ("City"), on the one part, and JACK J.
BLUME AND EUNICE H. BLUME, TRUSTEES OF THE BLUME 1988 FAMILY
TRUST, DATED JANUARY 26, 1988 ("Blume") on the other part, with
respect to the following facts: �
RECITALS
A. On December 13, 1988, the City filed an action in
eminent domain, entitled City of Palm Desert v. Jack J. Blume and
Eunice H. Blume, Trustees of the Blume 1988 Family Trust, et �1.,
Riverside County Superior Court (Indio) Case No. 55690, to
acquire an easement in real property owned by Blume and located
on the northerly side of E1 �ortez Way, approximately 350 feet
easterly of Cabrillo Avenue, in Palm Desert California, and
legally described as Lot 7 in Block'I of Palma Village Unit
No. 6, as per Map recorded in Book ZO., Pages 81 to 83 of Maps, in
OFficial Records of Riverside County (hereinafter alternatively
referred to as the "E1 Cortez Property" or "the subject
property").
B. City is the owner of certain real property located
on Guadalupe Avenue in Palm Desert, California, and legally
described as Lot 278 of Palma Village Unit No. 12, as per map
recorded in Book 27, Pages 36 to 37 of Maps, Official Records of
Riverside County, California (the "City Property").
C. In thi$ Agreement, as to the Guadalupe Property,
City is the "transferring party" and Blume is the "acquiring
party," and as to the E1 Cortez Property, Blume is the
"transferring party" and City is the "acquiring party." The
Guadalupe Property and the E1 Cortez Property are sometimes
herein referred to as the "Properties."
D. City wishes to exchanqe the Guadalupe Property for
the El Cortez Property, and elume wishes to exchange the E1
Cartez Property for the Guadalupe Property in settlement of the
above described eminent domain action and in full and total
payment vf any and all claims, including but not limited to
attorneys fees and costs and expert witness fees, arising from
the City's acquisition of the subject property.
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NOW, TFiEREFORE, the parties hereto do hereby agree as
follows:
1.� Exchan4e Aqreement.
� Subject to and in accordance with the terms and
conditions hereinafter set forth, Blume ag'rees to transfer the E1
Cortez Property to City in exchange for the Guadalupe Property,
and City agrees to transfer the Guadalupe Property to Blume in
exchange for the E1 Cortez Property, on the terms and subject to
the conditions described herein.
2. Closinq Date.
The Closing Date shall be January 20, 1989, at which
time a grant deed for the Guadalupe Property in favor of Blume
and a grant deed for the E1 Cortez Property in favvr of City
shall be recorded fn the Riverside County Recorder's office. At
least two days prior to the Closing Date, each transferring party
shall deliver a grant deed to the relevant property in recordable
form to Lincoln Title Company ("Title Company"j, 6820 Indiana
Avenue, Suite 140, Riverside, California 92506, attention A1
Gudel, regardinq Order No. 12405-7, with instructions to record
the deeds when Title Company is able to issue to City its title
insurance policy hereinafter described.
3. Delivery of Documents on the Closing Date.
(a)" On the Closing Date, Blume covenants and
�, agrees to convey to City fee simple title in the E1 Cortez
Property subject only to liens, encumbrances, easements,
restrictions and rights of way of record shown on Title Insurance
Company of Minnesota ("Title �ompany") Litigation Guaranty
No. 12405-7 dated October 28, 1988 (the "Litigation Guaranty").
Blume covenants and agrees to pay prior to the Closing Date the
entire second installment of 1988-1989 real property taxes and
assessments currently affecting the E1 Cortez Property, which
otherwise might not be due until April 10, 1989.
(b) On the Closing Date, City covenants and
agrees to convey to Blume fee simple title in the Guadalupe
Property subject only to liens, encumbrances, easements,
restrictions and rights of way of record as of the date hereof.
4. Title and Title Insurance.
Neither transferring party shall be required to deliver
title insurance to the acquiring party. Each acquiring party
shall have the o.ption of purchasing title insurance as to the
property it is acquiring at the acquiring party's sole cost and
expense. City has elected to purchase at its sole cost and
expense a CLT� Owner's Policy of Title Insurance on the E1 Cortez
Property showing title to be free of liens, encumbrances,
covenants, conditions and restrictions except for those items
shown on the Litigation Guaranty.
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890118 sas A180.DVT(0)
RESOLUTION NO. 89-6
5. �„nspections.
(a) Upon prior reasonable'notice, City, and its
respective assignees, attorneys, accountants and other ....
representatives shall have the right to enter upon the E1 Cortez
Property from time to time while this Agreement is in effect to
make inspections, geological and soil tests, and other
examinations of such property, so long as such entry or inspec-
tion does not unreasonably interfere with the operation or use of
such property. City hereby indemnifies and forever saves Blume,
and its successors and assigns, free and harmless from and
against, without limitation, any and all liability, loss damaqe,
and costs and expenses, demands, causes of action, claims, or
judgments, as a result of any accident or other occurrence at the
E1 Cortez Property which i� in any way connected with City's
entrance onto and/or occupation of.such property pursuant to this
Section. �
(b) Upon prior reasonable notice, Hlume, and its
respective assignees, attorneys,�accountants and other
representatives shall have the right to enter upon the Guadalupe
Praperty frem time to time while this Agreement is in effect to
make inspections, geological and soil tests, and other
examinations of such property, so long as such entry or inspec-
tion does not unreasonably interfere with the operation or use of
such property. Blume hereby indemnifies and forever saves City,
and its successors and assigns, free and harmless from and
against, without limitation, any and all liability, loss damage,
and costs and expenses, demands, causes of action, claims, or
judgments, as a result of any accident or other occurrence at the
Guadalupe Property which is in any way connected with Blume's
entrance onto and/or occUpation of such property pursuant.•to this
Section.
6. Ind�mnification.
(a) Blume hereby agrees to indemnify City
against, and to hold City harmless and, at the option of City,
defend City with counsel a�proved by City, from all liabilities,
losses, damages, costs and expenses, including without limitation
legal fees and disbursements, incurred by City by reason of any
claims or litigation relating to the,El Cortez Property and
arising from acts, occurrences or matters that took place prior
to the time title to the E1 Cortez Property is transferred to
City on the Closing Date.
- (b) City hereby agrees to indemnify Blume and to
hold Blume harmless and, at the optiion of Blume, defend Blume
with counsel approved by E31ume, from all liabilities, losses,
damages, costs and expenses, including without Limitation legal
fees and disbursements, incurred by Blume by reason of any claims
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890118 sas A180.DPT(0)
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or litigation relating to the Guadalupe Property and arising from
acts, occurrences or matters that took place prior to the time
title to the Guadalupe Property is transferred to Blume on the
Closing Date. '
7. Warrantv Regardinct Condition of Propertv.
• Blume warrants and represents to City that there is not
now nor will there be when the E1 Cortez Property is delivered to
City any toxic or hazardous substances or wastes on the El Cortez
Property. City warrants and represents that there is not noW nor
wil�l there be when the Guadalupe Property is delivered to Blume
any toxic or hazardous substances or wastes on the Guadalupe
Property.
8. Citv's Continqencies.
For the benefit of City, City's obligation to
consummate the exchange of the Guadalupe Yroperty for the E1
Cortez Property shall be contingent upon the occurrence of all of
the following (or City's written waiver thereof, it being agreed
that City can waive any or all such contingencies) on or before
the Closing Date: ,
(a) That as of the�Closing Date the
representations and warranties of Blume contained in this
�, Agreement are all either true and correct or, to the extent that
is not the case, have been waived by City; and
(b) Title Company can issue in favor of City a
policy of title insurance covering the El Cortez Property in the
condition described in Section 4(a) hereof with liability equal
to $21,000.00 (being the appraised value of the E1 Cor�ez•
Property as described in that certain appraisal from Metzger and
Associates as of May 16, 1988).
9. Blume's Cont�ngencies.
For the benefit of Blume, Blume's obligation to
cons�smmate the exchange of the El Cortez Property for the
Guadalupe Property shall be contingent upon the occurrence of the
following (or Blume's written waiver thereof, it being agreed
that Blume can waive any or all such�contingencies) on or before
the Closing Date:
. Ttiat as of the Closing Date the representations
and warranties of City assigned to Blume by this Agreement are
all either true and correct or, to the extent that is not the
case, have been waived by f3lume.
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890118 sas A180.UPT(0>
RESOLUTION NO. 89-6
10. Taxes and Assessments.
'Hlume�• cvvenantsT-and,•aqzees�to: pay;•r prior�xto�th�'�Cloeinq� �
Date , the entire' second" instaTlmerit: of�"'1'�88-1989 real �property Y
�'�axes and"assessments �curre"ntly� �affecting'-the E1�� Cortez' Prope•rty,
�-wiiich'� otherwise might not be due until'':.�April,_.10;_.1989: If City
advances any such amounts on behalf of Blume, Blume�shall.
reimburse the Gity for such amounts within ten (10) days after
receipt of a statement therefor from the_ City. �';.Blume., agrees�; that:�
on.,the Closing Date an assessment in-sthe�sum�.of�;,$2,,�,694..�7�2;�sha11�
'�� be;.'`record'`e`d' aga'inst � tfie''`Guadalupe__ Property,,:as .part . of. Asse'ssmen _�
.-.. .� . . a � -_._:�..,�,:..
District No`.� 87=1: . " � � •
11. Notices.
All notices and demands shall be given in writing by
certified mail, postage prepaid, and return receipt requested, or
by person�l delivery. Notices shall be considered given upon the
earlier of (i) personal delivery or (ii) two (2) business days
follcwing deposit into the U. S. mail; or (iii) receipt of a
facsimile copy of such notice. Notices shall be addressed as
provided below 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: �
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Sondra Sullivan
with a copy to: Daniel P. Torres
Richards, Watson & Gershon
333 So. Fiope Street, 38th Floor
Los Angeles, California 90071
Blume: Jzck and Eunice Blume
6556 Corbin Ave.
Reseda,,California 91335
12. Time of Essence.
Blume and City hereby acknowledge
IS STRICTLY OF THE ESSENCE with respect to
condition, obligation and provision herein
TIMELY and FULLY perform any of the terms,
tions or provisions hereof by City or Blume
material breach of and a default under this
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and agree that TIME
each and every term,
and the failure to
conditions, obliga-
shall constitute a
Agreement.
890118 sas A180.DPT(0)
13. Counterparts and Facsimile.
This Agreement may be executed simultaneously or in
counterparts, each of which shall be deemed an original, but all
of which together shall constitute one and the same Agreement.
All parties shall consider receipt of facsimile copies of
original instruments as original instruments of the parties
hereto. .
14. Applicable Law.
� This Agreement shall be construed and interpreted
under, and governed and enforced according to the laws of the
State of California.
15. Entire Agreement.
This Agreement supersedes any prior agreement, oral or
written, and contains the entire agreement between the parties
hereto on the subject matter hereof. No subsequent agreement,
representation or promise made by�either party hereto, or by or
to any employee, officer, agent or representative of either
party, shall be of any effect unless it is in writing and
executed by the party�to be bound thereby. Any amendments to
this Agreement shall be effective only when dul�� executed and
delivered by City �nd Blume.
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� 16. Construction..
This Agreement shal.l be construed as a whole and in
accordance with its fair meaning. Captions and organization are
for convenience and shall not be used in construing meaning. The
parties hereto throuqh their re�pect�ve legal counsel have
reviewed and revised this Agreement and, accordingly, any rule of
construction to the effect that ambiguities are to be resolved
against the drafting, party shall not apply in the interpretation
of this Agreement or any amendments or exhibits thereto.
17. No Waiver.
The waiver by either party of the performance of any
covenant, condition or promise, shall not invalidate this Agree-
ment, nor shall it be considered a waiver of any other covenant,
condition or promise. The waiver by either party of the time for
performing any act shall not constitute a waiver of time for per-
for.ming any otlier act or an identical act required to be per-
formed at a later time. The exercise of any remedy provided in
this Agreement shall not be a waiver of any remedy provided by
law, and the proviisions.in this Agreement for any remedy shall
not exclude any other remedy unless it is expressly excluded.
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RESOLUTION NO. 89-6
18. Attornev's Fees; Remedies.
should either party hereto.institute any action or pro-
ceeding in court to enforce any provision'hereof by reason of an
alleged breach of any provision of this Agreement, or for rescis-
sion or declaratory relief, the prevailing party shall be
entitled to receive from the losing party such amount as the
court may adjudge to be the actual amount of attorney's fees
incurred for the services renderecl to the prevailing party in
such action or proceeding.
19. Brokers.
The parties warrant to one another that neither has
retained nor fs obligated to pay any real estate broker for
brol;erage services in connection with the exchange of the Proper-
ties, or any portion thereof, or-with this Agreement, and each
party hereby agree to indemnify and hold the other harmless in
the event any claim for a fee is made against the other party for
any claim for a cor,►mission arising from the actions of such
party.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed as of the date first above written.
JACK J. BLUME AND EUNICE H. CITY OF PALM
BLUME, TRUSTEES OF THE BLUME
1988 FAMILY TRUST, DATED
JANUARY 26, 1988 By:
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,�Jack J. Blume, Trustee
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BY : ����v `�i�/
Eunice H. Blume, Trustee
Attest:
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890118 sas A180.DPT(0)
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Ordtr No.
Escrow No.
� toa�i No.
� LIP•lt��LP�! �� i�i LE
� WHEN RECORDED MAIL TO:
� Jack J. Bluma and Eunice H. Blume,
'Trustees of the Blume 1988 Eamily
Trust, dated January 26, 1988
6556 Corbin Avenus
Reaeda, CA 91335
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
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S�ACE ABOVE TMIS LINE FOR RECONOEN'S U88
DOCUI4IENTARY TRAf�SFER TAX 5..�.�.s.�.Q.
...... Compuud on th� eonsfd�r�tlon or vNu� of pop�r�Y cam�yW; Ofl
...... Compuud on th� consld�nNon or vdu� Ia� Il�m or �ncumbrurcn
rrndnlny �t tfm� ot ul�.
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Slpn— •tu� G�el�r�nt or A/�nt O�ur IM ua — f Irm Nun•
GRANT DEED
� FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Palm Desert, a
municipal corporation
hereby GRANT�S) to Jack J. Blume and Eunice H. Blume, Trustees of the Blume 1988 Family
TruSt, dated January 26, 1988
the rcal property in the City ot Palm Desert
Caunty ot Riverside , State of Celliomia, described ss
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• , Lot 278 in Palma Village Unit No. 12, as per map recorded in Book 27, Pages 36 and Sfa
, of Maps, 3n Official Records of Riverside County.
THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT THE PAGE NUMBER IN THE LEGAL DESCRIPTI�N.
Daied Janua;y 19. 1989
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STATE OF CALIFORNIA 16s.
COUNTY OF —)
belo�e me, Ihe underslgned, a Nolary Public In and lor aald Slate, per-
�Onally �DPeared
personelly known lo mu (or proved lo me on Iho Aasia ol �aUsleclory
evldence) ta be If+e person�s) whose name�s) Is/are subscribed lo the
wlthin Insliumenl and acknowledged lo me Ilial he/shc/they execuled
�hR Sanll.
WITNESS my hand and ollicial seal.
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City Clerk