HomeMy WebLinkAboutCC RES 2017-40RECORDING REQUESTED BY
FIRST AMERICAN TITLE INSURANCE CO.
NATIONAL COMMERCIAL SERVICES
OCS-4bo9z9-sa-I
When recorded mail to:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Ron Moreno
DOC # 2017-0237146
06/14/2017 09:29 AM Fees: S21.00
Page 1 of 3
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to tie County of Riverside for recording"
Receipted by: MARIA VICTORIA #411
RESOLUTION NO. 2017-40
RESOLUTION OF THE CITY COUNSIL OF THE CITY OF PALM DESERT, CALIFORNIA,
TERMINATING THE DAY CARE DEDICATION ON LOT 14, OF TRACT 33837-1, AS
SHOWN BY MAP ON FILE IN BOOK 402, PAGES 4 TIIROUGH 8 OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA
ORIGINAL
RECORDING REQUESTED BY
FIRSTAMERICAN TITLE INSURANCE CO.
NATIONAL COMMERCIAL SERVICES
When recorded mail to:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Ron Moreno
RESOLUTION NO. 2017-40
RESOLUTION OF "THE CITY COUNSIL OF THE CITY OF PALM DESERT, CALIFORNIA,
TERMINATING THE DAY CARE DEDICATION ON LOT 14, OF TRACT 33837-1, AS
SHOWN BY MAP ON FILE IN BOOK 402, PAGES 4 THROUGH 8 OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA
RESOLUTION NO. 2017 - 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, TERMINATING THE DAYCARE
DEDICATION ON LOT 14, OF TRACT 33837-1, AS SHOWN BY MAP
ON FILE IN BOOK 402 PAGES 4 THROUGH 8 OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, on December 8, 2005, the City adopted Resolution No. 05-105 of
the City Council of the City of Palm Desert (the "Resolution") for development of 79.6
acres of real property on Tract No. 33837-1.
WHEREAS, Item #14 of the Conditions for Approval of the Resolution required
that, among other things, up to two acres of Tract 33837-1 would be dedicated to the
City for use as a future day care facility, but that if the land dedicated for the daycare
facility "is not developed as a day care facility within five years of its dedication,
ownership shall revert to the apartment site for development thereon."
WHEREAS, on or about May 9, 2006, Tract Map 33837-1 was filed in the office
of the County Recorder of Riverside County, California fin Book 402, of Maps at Pages
4 through 8 inclusive 3. The Map included the following owner declaration ("Day Care
Dedication"):
"We hereby dedicate to the City of Palm Desert Lot 14 for day care
purposes as shown herein".
WHEREAS, Lot 14 was not developed as a daycare facility within five years of its
dedication.
WHEREAS, on or about November 2010, the City paid the Developer of
Tract 33837-1 $100,000.00 for the purchase of Lot 14.
WHEREAS, in 2014 a Subsequent Owner of the lot adjacent to Lot 14 filed suit
claiming it owned Lot 14 pursuant to a reversionary interest.
WHEREAS, The City, the Developer and the Subsequent Owner agreed to settle
all claims to Lot 14 by relocating and reducing the area of Lot 14 by a Lot Line
Adjustment and reimbursing the City a prorata share of the purchase price.
WHEREAS, in order to confirm title to the old Lot 14 in the Subsequent Owner,
the City agreed to terminate and abandon the day care dedication.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Palm Desert, California, as follows:
RESOLUTION NO. 2017 - 40
Section 1. The Day Care Dedication on Lot 14 of Tract 33837-1 is hereby
forever terminated and abandoned.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council held on this 25 day of Nay , 20 17 , by the following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
- �- C
RA HELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
(__4'4,::",___ -?:aa-t ‘4/._
/6AN C. HARNIK, MAYOR
EACH DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND
CORRECT COP • F THE ORIGINAL ON FILE AND ON
RECORD IN dip FICE.
Dated:
E D. KLASSEN, City Clerk
• .. 1. is
2
RESOLUTION NO. 2017 - 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, TERMINATING THE DAYCARE
DEDICATION ON LOT 14, OF TRACT 33837-1, AS SHOWN BY MAP
ON FILE IN BOOK 402 PAGES 4 THROUGH 8 OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, on December 8, 2005, the City adopted Resolution No. 05-105 of
the City Council of the City of Palm Desert (the "Resolution") for development of 79.6
acres of real property on Tract No. 33837-1.
WHEREAS, Item #14 of the Conditions for Approval of the Resolution required
that, among other things, up to two acres of Tract 33837-1 would be dedicated to the
City for use as a future day care facility, but that if the land dedicated for the daycare
facility "is not developed as a day care facility within five years of its dedication,
ownership shall revert to the apartment site for development thereon."
WHEREAS, on or about May 9, 2006, Tract Map 33837-1 was filed in the office
of the County Recorder of Riverside County, California ( in Book 402, of Maps at Pages
4 through 8 inclusive ). The Map included the following owner declaration ("Day Care
Dedication"):
"We hereby dedicate to the City of Palm Desert Lot 14 for day care
purposes as shown herein".
WHEREAS, Lot 14 was not developed as a daycare facility within five years of its
dedication.
WHEREAS, on or about November 2010, the City paid the Developer of
Tract 33837-1 $100,000.00 for the purchase of Lot 14.
WHEREAS, in 2014 a Subsequent Owner of the lot adjacent to Lot 14 filed suit
claiming it owned Lot 14 pursuant to a reversionary interest.
WHEREAS, The City, the Developer and the Subsequent Owner agreed to settle
all claims to Lot 14 by relocating and reducing the area of Lot 14 by a Lot Line
Adjustment and reimbursing the City a prorata share of the purchase price.
WHEREAS, in order to confirm title to the old Lot 14 in the Subsequent Owner,
the City agreed to terminate and abandon the day care dedication.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Palm Desert, California, as follows:
RESOLUTION NO. 2017 - 40
Section 1. The Day Care Dedication on Lot 14 of Tract 33837-1 is hereby
forever terminated and abandoned.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council held on this 25 day of may , 20 17 , by the following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and AARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
)
RA2HELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
N C. HARffIK, MAYOR
2