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HomeMy WebLinkAboutCC RES 95-045- 00 RESOLUTION NO. 95-45 A RESOLUTION OF THE CITY OF PALM DESERT DECLARING THAT THE ACQUISITION OF FEE AND EASEMENT INTERESTS IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF THE INTERSTATE 10/COOK STREET OVERPASS AND RELATED PUBLIC ROADWAYS WHEREAS, the City of Palm Desert (the "City") proposes to acquire certain real property legally described as on Exhibit "A" attached hereto, in the City of Palm Desert, for purposes of construction of the Interstate 10/Cook Street Overpass and related public roadways, pursuant to the authority granted to it by Government Code Section 37350.5 and Health and Safety Code Section 33000 gt see.; and WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City scheduled a public hearing for June 7, 1995 at 9:00 a.m., at the City Council Chambers, located at 73-510 Fred Waring Drive in Palm Desert, California, and gave to each person who owns an interest in the property to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of Civil Procedure Section 1240.030; and WHEREAS, said hearing has been held by the City and each person who owns an interest in the property to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Code of Civil Procedure Section 1245.030; PAM67204 NOW, THEREFORE, THE CITY OF PALM DESERT RESOLVES AND DECLARES AS FOLLOWS: Section 1. Compliance with Code of Civil Procedure. There has been compliance by the City with the requirements of Code of Civil Procedure Section 1245.235 regarding notice and hearing. Section 2. Public Use. The public use for which the real property is to acquire vacant property for construction of the Interstate 10/Cook Street Overpass and related public roadways. Sections 37350.05, 37353 and 37356 of the California Government Code authorize the City to acquire by eminent domain property necessary for such purposes. Section 3. 9escription of Property. Attached and marked as Exhibit "A" is the legal description of the real property to be acquired by the City. Exhibit "A" describes the general location and extent of the property to be taken with sufficient detail for reasonable identification. Section 4. Findinas. The City hereby finds and determines each of the following: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; C. The real property described in the attached Exhibit "A" is necessary for the proposed project; and D. The offer required by Section 7267.2 of the California Government Code has been made. PAN67204 -2- Section 5. Some or all of the property to be acquired by the City may be subject to easements and rightsrof-way appropriated to existing public uses.' The legal descriptions of any such easements and rights -of -way are on file with the City which descriptions describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. Pursuant to Section 1240.610 of the Code of Civil Procedure, the City finds and determines that the herein described use or uses are more necessary than said existing public uses. In the event the herein described use or uses will not reasonably interfere with or impair the continuance of any said public use as it then exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the property subject to such existing public use, pursuant to Section 1240.510 of the Code of Civil Procedure. Section 6. Further Activities. Legal Counsel for the City is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City, by eminent domain, and legal counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as they may be authorized and required by law to take, and to make such security deposits as may be required by order of court, to permit the Agency to take possession of and use said real property at the earliest possible time. Legal counsel is further authorized to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the PAM67204 -3- condemnation action or other proceedings or transaction required to acquire the subject real property. ,Section 7. Zffective Date. This Resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this 7th day of June, 1995 by the following vote: AYES: BENSON, KELLY, SNYDER, SPIEGEL, CRITES NOES: NONE ABSTAINS: NONE NONE ABSENT: EST: SHEILA GI AN, Ci Clerk City of Palm Desert, California BUFORD ITES, Mayor Cit •f Palm Desert, California PAM67201. -4- Legal Description Cook Street @ I-10 in Palm Desert, California "Hawn" (Put. APN 653-410-004) PARCEL 30346-1: A parcel of land in Section 34, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being northerly of and contiguous to Varner Road and being further described as follows Beginning at a point which bears South 00°00'54" East, 53.13 feet from the Northeast section corner of said Section 33; thence the following courses: South 65°56'12" East 155.61 feet, to the beginning of a curve, concave southwesterly having a radius of 230.00 feet, through a central angle of 26°00'14" an arc length of 104.39 feet to a point of tangency; thence South 32°35'52" East, 87.35 feet to the beginning of a curve, concave southwesterly, having a radius of 365.00 feet; thence along said curve through a central angle of 14°41'12" an arc length of 93.56 feet to a point of tangency; thence South 13°05'27" East, 275.59 feet to the beginning of a curve concave northeasterly, having a radius of 946.00 feet; thence along said curve through a central angle of 30°12'11" an arc length of 498.67 feet to a point of tangency; thence South 49°40'22" East, 254.45 feet to a point on the northerly right-of-way of existing Varner Road as described in Deed recorded December 30,1958 in Book 2388, Page 100 in Official Records of said County; thence Westerly along said right-of-way North 54°32'30" West 917.26 feet to an angle point in said right-of-way; thence continuing along said right-of-way North 20°07'13" West, 81.37 feet and North 54°32'30" West 36.84 feet to the aforementioned Section line; thence northerly along said Section line North 00°00'54" West, 476.16 feet to the TRUE POINT OF BEGINNING. Contains 4.4308 acres (193,005.52 sq. ft) 30346.11GL Rev. 10-25-94 Page of 2 Page 5 of 7 Said parcel is shown Exh..,.. "B," attached hereto and by this reference made a part hereof. All bearings and distances in this description are grid values, based on the California coordinate system,. NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. The Grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor and the grantor's successors and assigns, hereby waives any &faiftts for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping Or maintenance of said highway. 30346-1.LGL Rev. 10-25-94 Page 2 of 2 Page 6 of 7 J.,egal Description Cook Street @ I-10 in Palm Desert, California "Hawn,. (Pm. APN 6.53-300-025 and 653-410-004) PARCEL 0382-004A: A parcel of land in Section 27 and 34, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being northerly of Varner Road and easterly of Chase School Road, and being furtherdescribed as follows: Beginning at a point on the northerly parcel line of that certain parcel shown in the Southwesterly portion of Section 27 per Record of Survey filed in Book 68, Page 2 of Official Records of said County, said point bearing North 00°18'37" West 310.39 feet and North 89°47'46" East 336.44 feet from the Southwest corner of said Section 27 and also being a point on the southerly parcel line of parcel 4 of Parcel Map 10525, per reap filed in Parcel Map Book 97, Page 33 of Official Records of said County; thence the following courses: continuing easterly along said parcel line North 89°47'46" East 157.88 feet, to the beginning of a non -tangent curve concave southwesterly, having a radius of 1044.00, a radial to said point bears North 38°23'35" East; thence southeasterly along said curve through a central angle of 26°45'56", an arc length of 487.70 feet to a point of tangency; thence South 24°50'29" East, 100.88 feet to the beginning of a curve concave southwesterly having a radius of 1244.00 feet; thence along said curve through a central angle of 18°16'57" an arc length of 396.95 feet to a point of tangency; thence south 06°3332" East 229.08 feet to the beginning of a curve concave northeasterly having a radius of 1156.00 feet; thence along said curve through a central angle of 47°58'58" an arc length of 968.10 feet to a point of tangency; thence South 54°32'30" East, 319.69 feet and South 35°27'30" West. 31.00 feet to a point on the northerly right-of-way line of Varner Road as described in a Deed to the State of California recorded December 30, 1958 in Book 2388 Page 100 of Official Records in the Office of the County Recorder of said County; thence northwesterly along said right-of-way North 54°32'30" West, 636.50 feet to the beginning of a non -tangent curve concave northeasterly, having a radius of 1224.00 feet, a radial to said point bean North 55°20'08" East; thence along said curve through a central angle of 28°06'20" . an arc length of 600.41 feet to a point of 382.004A.LGL Rev. 10-26.94 Page 1 of 2 Page 2 of 7 EXHIBIT /1- tangency; thence North 06°33'32" West, 229.08 feet to the beginning of a curve concave northeasterly, having a radius of 1176.00 feet, a radial to said point bears North 83°26'28" East; thence northwesterly along said curve through a central angle of 51°04'16" an arc length of 1048.24 feet; to a point of non -tangency; and the True Point of Beginning. Contains 3.7837 Acres (164,817.59 sq. ft) Alt bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382-004A.LGL Rev. 10-26-94 Page 2 of 2 Pace 3 of 7 Legal Description Cook Street @ I-10 in Palm Desert, California "Hawn" (Ptn. APN 653-300-025 and 653-410-004) PARCEL 0382-004B: A parcel of land in Section 27, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being northerly of Varner Road and easterly of Chase School Road, and being described as follows: Beginning at the southwest corner of said Section 27; thence northerly along the westerly section line of said section North 0°18'37" West, 149.47 feet to the True Point of Beginning; thence the following courses: continuing along said westerly section line North 0°18'37" West, 160.92 feet; thence leaving said Section line, along the southerly boundary line of that certain property shown on Parcel Map 10525, per map filed in Parcel Map Book 97, Page 33. of said Official Maps of said County; thence easterly along said line, North 89°47'46" East, 37.74 feet; thence leaving the aforementioned said southerly boundary along the arc of a curve concave westerly, having a radius of 1920.00 feet, a radial to said point bears south 79°34'22"East; thence through a central angle of 4°55'55" in a southerly direction a distance of 165.27 feet to the point of intersection with the aforementioned westerly section line and the TRUE POINT OF BEGINNING. Contains 0.0742 Acres (3232.26 sq. ft.). All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 332-004B.LGL Rev. 10-26-94 Page 1 of 1 Page 4 of 7 LeEai Descrintion Cook Street @ 1-10 in Palm Desert, California "Hawn" (Ptn. APN 653-300-025 and 653-410-004) PARCEL 0382-004C: A parcel of land in Sections 27 and 34, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being nonherly of Varner Road and easterly of Chase School Road, and being further described as follows: Beginning at a point on the northerly parcel line of that certain parcel shown in the Southwesterly portion of Section 27 per Record of Survey filed in Book 68, Page 2 of Official Records of said County, said point bearing North 00°18'37" West 310.39 feet and North 89°47'46" East 288.70 feet from the Southwest corner of said Section 27 and also being a point on the southerly parcel line of parcel 4 of Parcel Map 10525, per map filed in Parcel Map Book 97, Page 33 of Official Records of said County; thence the following courses: leaving said parcel line southeasterly along the arc of a non -tangent curve, concave westerly having a radius of 1151.00 feet, a radial to said point bears North 30°22'O1" East; thence along the arc of said curve through a central angle of 53°04'27", 1066.19 feet; thence South 6°33'32" East 229.08 feet to the beginning of a curve concave northeasterly, having a radius of 1249.00 feet; thence along said curve through a central angle of 28°06'20" a distance of 612.68 feet; thence South 34°39'52" East 36.50 feet to- a point on the northerly right-of-way line of Varner Road as described in a Deed to the State of California recorded December 30, 1958 in Book 2388 Page 100 of Official Records in the Office of the County Recorder of said County; thence southeasterly along said right-of-way South 54°32'30" East, 73.53 feet to the beginning of a non - tangent curve concave northeasterly, having a radius of 1224.00 feet, a radial to said point bears North 55°20'08" East; thence along said curve through a central angle of 28°06'20" an arc length of 600.41 feet to a point of tangency; thence North 06°33'32" West, 229.08 feet to the beginning of a curve concave northeasterly, having a radius of 1176.00 feet, a radial to said point bears North 83°26'28" East; thence northwesterly along said curve through a central angle of 51°04'16" 382-OO4CLGL Rev. 10-26-94 Page 1 of 2 an arc length of 1048.24 feet; to a point of non -tangency; said point also being on the aforemen- tioned southerly parcel line of said Parcel .4; thence westerly along said parcel line South 89°47'46" West 47.74 feet to the True Point of Beginning. Contains 1.1270 Acres (49094.10 sq. ft) All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382-004CLGL Rev. 10-26-94 Page 2 of 2 Legal Description Cook Street @ I-10 in Palm Desert, California "Perrbs" (Pm. APN 653-300-017) PARCEL 0382-003A: A parcel of land lying in Section 27, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being described as that certain southwesterly portion of Lot 4 of Parcel Map 10525, per map filed in Parcel Map Book 97, Page 33 of Official Maps of said County being further described as: Beginning at a point on the southerly line of said Parcel 4, said point bearing South 89°47'46" West 142.72 feet from the Southeast corner of said parcel; thence the following courses: Continuing along said southerly parcel line South 89°47'46" West. 157.88 feet; thence leaving said parcel line along the arc of a non -tangent curve concave southwesterly, having a radius of 1176.00 feet, a radial to said point bears North 32°22'12" East; thence westerly along the arc of said curve through a central angle of 12°10'18" a distance of 249.82 feet to a point of non - tangency; thence South 85°17'40" West, 35.94 feet and South 59°35'17" West 26.16 feet to a point on the easterly right-of-way line of existing Chase School Road as shown on the aforementioned Parcel Map; thence northerly along said right -of -line North 00°18'37" West, 151.50 feet; thence leaving said right-of-way line, South 34°00'53" East 29.05 feet to the beginning of a non -tangent curve, concave southwesterly, having a radius of 1268.00 feet, a radial to said point bears North 16°38'21" East; thence easterly along the arc of said curve through a central angle of 21°45'14" a distance of 481.43 feet to the TRUE POINT OF BEGINNING. Said parcel contains 0.8821 Acres. (38,424.28 sq. ft.) All bearings and distances in this description are grid values, based on the California 382.003A.LGL Rev. 10-23-94 EXHIBIT tiP Leval Descrivtiort Cook Street @ I-10 in Palm Desert, California "Perms" (Ptn. APN 653-300-017) PARCEL 0382-003 C . (remainder) A parcel of land lying in Section 27, Township 4 South, Range 6 East, San Bernardino Base and Meridian. County of Riverside, State of California. being described as a portion of Lot 4 of Parcel Map 10525, per map filed in Parcel Map Book 97, Page 33 of Official Maps of said County being further described as: Beginning at a point on the southerly line of said Parcel 4, said point bearing South 89°47'46" West 142.72 feet from the Southeast comer of said parcel; thence the following courses: Continuing along said southerly parcel line South 89°47'46" West, 157.88 feet; thence leaving said parcel line along the arc of a non -tangent curve concave southwesterly, having a radius of 1176.00 feet., a radial to said point bears North 32°22'12" East; thence westerly along the arc of said curve through a central angle of 12°10'18" a distance of 249.82 feet to a point of non - tangency; thence South 85°17'40" West. 35.94 feet and South 59°35'17" West 26.16 feet to a point on the easterly right-of-way line of existing Chase School Road as shown on the afore- mentioned Parcel Map; thence Southerly along said westerly parcel line of said parcel 4, south 0°18'37" East 95.23 feet to the southwesterly corner of said parcel; thence along the southerly line of parcel 4, North 89°47'46" East, 281.44 feet to the True Point of Beginning. Said parcel contains 0.4532 Acres (19,741.39 sq. ft.) All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382-O03C.LGL Rev. 10.26.94 Page 1 of 1 Legal Description Cook Street @ I-10 in Palm Desert, California "TMP" (Ptn. of APN 653-390-005 and 653-280-005) PARCEL 30344-1: A parcel of land in Sections 28 and 33, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being that portion of said Sections east and north of Chase School Road and Varner Road, respectively, and being further described as follows: Beginning at a point which bears South 00°00'54" East, 53.13 feet from the Northeast section corner of said Section 33; Continuing along said Section line South 00°00'54" East, 476.16 feet to a point on the Northerly right-of-way of Varner Road as described in Deed recorded November 21, 1958, in Book 226B. Page 212 of Official Records in the Office of the County Recorder of said County; thence following said right-of-way line in a Northwesterly direction the following. courses: North 54°32'30" West, 33.15 feet; South 78°29'57" West, 62.93 feet; North 54°32'30" West 1468.60 feet; thence leaving said right-of-way line the following courses: South 59°22'51" East. 466.30 feet to the beginning of a curve concave northerly, having a radius of 750.00 feet a radial to said point bears South 30°55'40" West; thence along said curve through a central angle of 24°59'56" an arc length of 327.23 feet to a point of non -tangency; thence North 86°20'22" East, 140.60 feet and North 80°07'49" East, 119.00 feet to the beginning of a curve, concave northwesterly, having a radius of 96.00 feet; thence along said curve through a central angle of 49°13'00" an arc length of 82.46 feet; thence North 30°54'49" East, 48.32 feet; South 66°14'35" East, 204.24 feet; South 19°40'39" West, 24.51 feet; South 13°42'16" East, 36.28 feet, and South 65°56'12" East, 43.75 feet to the TRUE POINT OF BEGINNING. Page 1 of 2 30344-11CL Rev.10-25-94 EXHIBIT A- Contains 6.1753 Acres (268.997.97 sq. ft.) All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. The Grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. 30344-11GL Rev. 10.25.94 Page 2 of 2 Legal Description Cook Street @ I-10 in Palm Desert, California ".IMP" (Portion of APN. 653-280-005) PARCEL 0382-002A: A parcel of land in Section 28, Township 4 South, Range 6 East., San Bernardino Base and Meridian, County of Riverside, State of California, being described as that portion of the southeast quarter (SE 1/4) of said Section 28 lying easterly of Chase School Road and northerly of Varner Road, and being further described as follows: Beginning at southeasterly lot corner of Lot 78, Tract 16293 per map filed in Miscellaneous Map Book 116, Pages 51 through 56 of Official Records of said County said point also being on the northerly right-of-way line of Varner Road per said map; thence the following courses: North 00°18'36" West 32.98 feet to the beginning of a non -tangent curve, a radial to said point. bears North 23°45'58" East; thence southeasterly along the arc of said curve, having a radius of 956.00 feet through a central angle of 22°21'41", a distance of 373.11 feet to a point of compound curve, a radial to said point bears South 01°24'17" West; thence along the arc of said curve, having a radius of 806.00 feet and through a central angle of 25°09'52" a distance of 354.66 feet to a point of tangency; thence North 66°14'25" East to the beginning of a curve concave northerly, having a radius of 1068.00 feet; thence along the arc of said curve, through a central angle of 23°05'15", a distance of 430.35 feet, to a point of non -tangency; thence the following courses: North 47°20'40" East 30.48 feet; to the beginning of a non -tangent curve concave westerly. having a radius of 1545.00 feet, a radial to said point bears North 84°58'52" West; thence along the arc of said curve. through a central angle of 4°19'45" a distance of 143.70 feet; thence North 89°41'23" East, 55.00 feet; said point also being a point on the easterly section line of said Section 28; thence southerly along said Section line South 0°18'37" East 720.70 feet to the southeasterly section comer of Section 28. said comer also being the common corner of Sections 382-002A.LCL Rev. 10.25-94 Pip 1 of 2 27, 33 and 34 of said township and ranee; thence along the easterly section line of said Section 33, South 0°00'55" East 53.13 feet; thence leaving said section line the following courses: North 65°56'12" West 43.75 feet; North 13°42'16" West 36.28 feet; North 19°40'39" East 24.51 feet; and North 66°14'35" West 24.54 feet to the beginning of a curve concave westerly, having a radius of 1150.00 feet, a radial to said point bears North 60°17'44" West; thence northerly along the arc of said curve through a central angle of 16°23'33" a distance 329.02 feet to a point of non -tangency; thence North 40°40'36" West 33.66. and North 61°05'35" West, 48.09 feet to the beginning of a non -tangent curve, concave southeasterly having a radius of 976.00; a radial to said point bears North 05°38'11" West; thence along the arc of said curve through a central angle of 13°57'21" a distance of 237.73 feet to a point of non -tangency; thence south 70°24'28" West 207.56 feet; to the beginning of a curve, concave northerly and having a radius of 1024.00 feet, a radial to said point bears North 19°35'32" West; thence westerly along the arc of said curve. through a central angle of 35°04'41" a distance of 626.92 feet to a point of tangency; thence. North 74°30'51" West, 70.74 feet and South 19°25'15" West, 5.56 feet to a point on the northerly right-of-way line of Varner Road as described in said deed to the State of California recorded February 2, 1956 in Book 2368, Page 2I2 of Official Records of said County; thence westerly along said right-of-way line North 54°32'30" West, 50.91 feet to an angle point in said right-of- way; thence Nonh 0°18'36" West, 35.74 feet to the TRUE POINT OF BEGINNING. Said parcel contains 4.8940 Acres (213.183.10 sq. ft.) All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382- 32A.LGL Rev. 10.25-94 Pate 2 of 2 Legal Description Cook Street @ I-10 in Palm Desert, California "TMP" (Portion of APN 653-280-005) PARCEL 0382-002B: (TCE) A parcel of land in Section 28, Township 4 South, Range 6 East, San Bernardino Bale and Meridian, County of Riverside, State of California, being described as: Beginning at the southwest corner of Lot 78 of Tract 16293, per reap filed in Miscellaneous Map Book 116, Pages 51 through 56, Official Records of said County; thence the following courses: North 0°18'36" West along said lot line 36.27 feet; thence leaving said lot line, along the arc of a curve concave northerly, having a radius of 923.00 feet, a radial to said point bears South 24°41'05" West; thence easterly along said curve through a central angle of 0°40'59" a distance of 11.00 feet; thence along a non -tangent line South 0°18'36" East 36.08 feet to the beginning of a curve concave northerly, having a radius of 956.00 feet, a radial to said point bears South 23°06'41" West; thence westerly along the arc of said curve through a central angle of 0°39'17" a distance of 10.92 feet to the True Point of B ginning. Said parcel contains 0.0083 Acres. (361.76 sq. ft.) MI bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382-00231GL Rev. 10.25-94 Pace 1 of 1 Legal Description Cook Street @ I-10 in • Palm Desert, California "TMP" (Portion of APN 653-280-005) PARCEL 0382-002C: • A parcel of land in Section 28, Township 4 South, Range 6 East, San Bernardino Base and Meridian, County of Riverside, State of California, being described as that portion of the southeast quarter (SE I/4) of said Section 28 lying easterly of Chase School Road and northerly of Varner Road, and being further described as follows: Beginning at a point which bears South 00°18'36" West 35.74 feet and South 54°32'30" East 50.91 feet from the southeasterly corner of Lot 78, Tract 16293, per map filed said point also being on the northerly right-of-way line of Varner Road as described in deed to the State of California recorded November 21, 1958 in Book 2368, Page 212, Official Records of said County; thence the following courses: leaving said right-of-way line South 59°22'51" East 55.36 feet; South 74°30'51" East 17.68 feet; to the beginning of a curve, concave northerly, having a radius of 1044.00 feet a radial to said point bears South 15°29'09" West, thence easterly along the arc of said curve through a central angle of 35°04'41" a distance of 639.17 feet; thence North 70°24'28" East 207.56 feet to the beginning of a curve concave southerly, having a radius of 956.00 feet; a radial to said point bears North 19°35'32" West; thence easterly along said curve through a central angle of 13°35'03" an arc length of 226.66 feet; thence South 61°01'35" East 38.24 feet, and South 40°40'36" East 44.28 feet to the beginning of a curve concave westerly, having a radius of 1150.00 feet, a radial to said point bears North 76°41'17" West; thence northerly along the arc of said curve through a central angle of 1°13'21" a distance 24.54 feet to po:-t of non -tangency; thence North 40°40'36" West 33.66 and North 61°O1'35" West, 48.09 feet to the beginning of a non -tangent curve, concave southeasterly having a radius of 976.00; 382-002CILL Rev. 10-25-94 Pap 1 of 2 a radial to said point bears North 05°38'11" West; thence along the arc of said curve through a central angle of 13°57'21" a distance of 237.73 feat to a point of non -tangency; thence south 70°24'28" West 207.56 feet; to the beginning of a curve, concave northerly and having a radius of 1024.00 feet, a radial to said point bears North 19°35'32" West; thence westerly along the arc of said curve, through a central angle of 35°04'41" a distance of 626.92 feet to a point of tangency; thence, North 74°30'51" West, 70.74 feet and South 19°25'15" West, 5.56 feet a point on the northerly right-of-way line of Varner Road and the True Point of Beginning. Said parcel contains 0.5541 Acres (24,135 sq. ft.); All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382-002C1GL Rev. 10.25.94 Page 2 of 2 Legal Description Cook Street at I-10 in Palm Desert, California (TMP) Parcel 0382-002D: (Drainaoe Easement) A parcel of land in the SE 1/4 of Section 28, Township 4 South, Range 6 East, SBBM, County of Riverside, State of California, being described as follows: Beginning at a point which bears North 105.31 feet and West 227.20 feet from the Southeast corner of said Section 28, said point also being an angle point in the (future) right-of-way line of Interstate Highway 10 (I-10); thence the following courses: Northerly along a curve, concavewesterly, having a radius of 1150.00 feet, a radial to said point bears South 60°17'44" East; thence along the arc of said curve through a central angle of 16°23'33" a distance of 329.02 feet to the TRUE POINT OF BEGINNING; thence, North 40°40'36" West, 33.66 feet; North 61°01'35" West, 48.09 feet to the beginning of a not -tangent curve, concave southerly, having a radius of 976.00 feet, a radial to said point bears North 5°38'11" West; thence along the arc of said curve through a central angle of 3°17'33" a distance of 56.09 feet; thence South 8°55'44" East, 30.00 feet to a point of non -tangency on a curve being concave southerly and having a radius of 946.00 feet, a radial to said point bears North 8°55'44" West; thence along the arc of said curve through a central angle of 5°05'03" a distance of 83.94 feet; thence South 40°40'36" East, 44.02 feet to a point of cusp on a non -tangent curve, being concave westerly and having a radius of 1150.00 feet; thence northerly along the arc of said curve through a central angle of 0°36'49" a distance of 12.32 feet to the TRUE POINT OF BEGINNING Said parcel contains 2685.47 sq. ft. All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. Said parcel contains 1347.28 sq. ft. 3173\LEGALS • Legal Description Cook Street at I-10 in Palm Desert, California • (TMP) Parcel 0382-002E (Drainage Easement) A strip of land, 15.00 feet in width, being a portion of the southeast one - quarter (SE 1/4) of Section 28, Township 4 South, Range 6 East, SBBM, County of Riverside, State of California, being described as follows: Beginning at the southeasterly lot corner of Lot 78, Tract 16293 per map filed in Miscellaneous Map Book 116, pages 51 through 56 of official records of said county, said point also being on the northerly right-of-way line of Varner Road as shown on said map; thence South 00°18'36" East, 35.74 feet to an angle point in the said northerly right-of-way line; thence South 54°32'30" East, 50.91 feet along said right-of-way line; thence leaving said line, North 19°26'15" East 5.56 feet and South 74°30'51" East, 70.74 feet to the beginning of a curve, concave northerly and having a radius of 1024.00 feet, a radial to said point bears North 19°35'32" West; thence easterly along said curve through a central angle of 9°05'11" a distance of 162.39 feet to the TRUE POINT OF BEGINNING; thence the following courses: South 5'58'48" West, 86.41 feet; South 59°22'51" East, 16.50 feet; North 5°58'48" West, 93.29 feet; and North 84°01'12" West, 15.00 feet to the TRUE POINT OF BEGINNING Said parcel contains 1347.28 sq. ft. All bearings and distances in this description are grid values, based on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by.0.99997731. 3173\LEGALS psi Description Cook Street ( J-10 in Palm Desert, California (APN 653-620-047) PARCEL 0382-001 A: A patcei of land in Section 28, Township 4 South. Range 6 East, San Bernardino Base and Meridian in the County of Riverside, State of California, also being a portion of Lot 78, Tract 16293, per map filed in Map Book 116, Pages 51 through 56 of Official Maps of said Riverside County, being further described as follows: Beginning at the southeast corner of Lot 78 of said Tract 16293, said point being on the northerly right-of-way line of Varner Road as dedicated to the County of Riverside on said tract map; thence along said right-of-way line North 54'32'30" West a distance of 523.91 feet; thence Ieaving said right-of-way northeasterly along the arc of a curve concave southeasterly, having a radius of 7458.00 feet and a central angle of 01'08'46", a distance of 149.18 feet to a point of tangency, a radial to said point bears South 34°18'44" West; thence South 55°41'16" East 180.93 feet to the beginning of a curve concave southeasterly, having a radius of 958.00 feet and a central angle of 9°33'50"; thence along the arc of said curve 159.91 feet to a point of non - tangency; thence South 72°41'37" Eat 16.53 feet to a point an the easterly line of aforementioned Lot 78; thence along said easterly lot line South 0'18'36" East 32.98 feet to the True Point of &tam= Said parcel contains 0.0707 Acres (3077.60 sq. ft.) Said parcel is further delineated on Exhibit "B." attached hereto and by this reference made a part 3$241AiOL Rev. 10.25.94 Pate Iof2 Pace 2 of 4 hereof. . All bearings and distances in this description are grid values, bond on the California coordinate system, NAD 27, Zone 6. To obtain ground distances, divide the grid distances given herein by 0.99997731. 382-00 t A.LGL Rev_ 1 o-23.44 Page 2 of 2 Page 3 of 4