HomeMy WebLinkAboutCC RES 2015-95RESOLUTION NO. 2015-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ACCEPTING QUITCLAIM DEED CONVEYED TO THE CITY
OF PALM DESERT FROM THE SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
WHEREAS, The Palm Desert Redevelopment Agency ("Agency") previously
entered into that certain Easement Agreement dated as of April 15, 1999 (as amended
from time to time, the "Easement Agreement"), between The Gardens on El Paseo LLC,
a Delaware limited liability company (the "Developer"), as the successor -in -interest to El
Paseo Properties Limited Partnership, a Delaware Limited Partnership, by which
Developer's predecessor granted to Agency a nonexclusive easement for public parking
purposes over the parking structure as described in the Agreement; and
WHEREAS, the Successor Agency to the Palm Desert Redevelopment Agency
(as the successor -in -interest to the Agency) desires to convey its right, title, obligations
and interest in the Easement Agreement to the City pursuant to a quitclaim deed, the
form of which is attached hereto as Exhibit A (the "Quitclaim Deed"); and
WHEREAS, the City Council desires to accept the interest in real property
conveyed by the Quitclaim Deed;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Desert that the City hereby accepts the interests in real property conveyed by the
Quitclaim Deed attached hereto as Exhibit A. The form of the deed may be subject to
minor, non -substantive amendments as approved by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed
to execute the Certificate of Acceptance for the above referenced deed on behalf of the
City, and the Mayor and the officers and staff of the City are hereby authorized to take
such other actions as are necessary to carry out the direction as set forth in this
Resolution.
RESOLUTION NO. 2015-95
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
on this 10th day of December, 2015, by the following vote:
AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIE L, M OR
ATTEST:
H LLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2015-95
EXHIBIT A
FORM OF QUITCLAIM DEED
RESOLUTION NO. 2015-95
QUITCLAIM DEED AS TO FORM
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, Califomia 92260
Attention: City Clerk's Office
[SPACE ABOVE FOR RECORDER'S USE ONLY]
QUITCLAIM DEED
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation
Code Section 11922, and exempt from Recording Fees pursuant to California Government
Code Section 6103.
The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a
public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER
QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title,
obligations, and interest in, under, and to that certain Easement Agreement dated April 15,
1999, and recorded on April 30, 1999 as Document No. 1999-186557 in the official records of
Riverside County, California, as amended by that certain Addendum to Easement Agreement,
dated January 8, 2004, and recorded on April 9, 2004, as Document No. 2004-0258852 in the
official records of Riverside County, California, and as further amended by that certain Second
Addendum to Easement Agreement dated as of June 26, 2008, and recorded on March 18,
2009, as Document No. 2009-0130399 in the official records of Riverside County, California (as
amended, the "Easement Agreement"), which Easement Agreement pertains to that certain
real property located in the County of Riverside, State of California, more particularly described
on Exhibit A attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the
date set forth below.
Dated: , 2015
SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY, a public body,
corporate and politic
By:
Robert A. Spiegel, Chair
72500.00000\21933484.1
RESOLUTION NO. 2015-95
QUITCLAIM DEED AS TO FORM
ACKNOWLEDGEMENT
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)
72500.00000\21933484.1
RESOLUTION NO. 2015-95
QUITCLAIM DEED AS TO FORM
CERTIFICATE OF ACCEPTANCE •�
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Palm Desert by that
certain Quitclaim Deed dated , 2015, executed by the Successor Agency to the
Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the
City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to
the Palm Desert Redevelopment Agency meeting held on , 2015, and the grantee
consents to recordation thereof by its duly authorized officer.
CITY OF PALM DESERT, a municipal
corporation
By:
ACKNOWLEDGEMENT
Robert A. Spiegel, Mayor
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/arc 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
72500.00000\21933484.1
(Seal)
RESOLUTION NO. 2015-95
QUITCLAIM DEED AS TO FORM
EXHIBIT A
LEGAL DESCRIPTION
PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN
BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
EXCEPTING ONE -SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL
DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA,
RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA
Assessor's Parcel Number: 627-261-006-4
72500.00000\21933484.1