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HomeMy WebLinkAboutOB-096RESOLUTION NO. OB- 096 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR PROPERTY LOCATED AT SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE, PALM DESERT, CA (APN 627-101-002, 017, 033, 038, 039, PROPERTIES 5a THROUGH 5e OF THE LONG RANGE PROPERTY MANAGEMENT PLAN) WITH THE CITY OF PALM DESERT RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011), as modified by the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency (the "Former Agency") was dissolved as of February 1, 2012 and the Successor Agency was established, and the Oversight Board to the Successor Agency (the "Oversight Board") was constituted. B. AB 1484 (enacted June 2012) amended and supplemented AB X1 26 (AB X1 26 and AB 1484, together, being referred to below as the "Dissolution Act"). C. Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency. D. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law. E. On May 5, 2014, the Oversight Board adopted Resolution No. OB-073, approving a Tong -range property management plan (the "LRPMP") which addresses the disposition of the real properties owned by the Successor Agency. F. As indicated in the DOF's letter dated June 2, 2014, the DOF has approved the LRPMP. G. Pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall govern, and supersede all other provisions of the Dissolution Act relating to, the disposition and use of the real property assets of the Former Agency. H. Pursuant to the approved LRPMP, the Oversight Board authorizes the execution of a Purchase and Sale Agreement (see Exhibit A) with The City of Palm Desert for Properties 5a through 5e of the LRPMP (APN 627-101-002, 017, 033, 038, 039) in the amount of $500,000.00 (fair market value). In accordance with the terms of California Health and Safety Code Section 34191.5(c)(2)(B), the proceeds of this property sale will distributed as property taxes to the affected taxing entities. -1- RESOLUTION NO. OB — 096 J. The Oversight Board is adopting this Resolution to direct the execution of the Purchase and Sale Agreement (see Exhibit A) with The City of Palm Desert for fair market value as directed by the approved LRPMP. K. Notice of the proposed action presented in this Resolution was posted on the Successor Agency's website (being a page on the City's website) and at three public places: beginning on September 30 , 2014. NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Oversight Board hereby authorizes and directs the Successor Agency to complete the execution of the Purchase and Sale Agreement (see Exhibit A) with The City of Palm Desert for fair market value as directed by the approved LRPMP. The Executive Director of the Successor Agency is hereby authorized to execute the Purchase and Sale Agreement to complete the disposition of the properties. Section 3. The members of the Oversight Board and officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution. Section 4. This Resolution shall become effective in accordance with HSC Section 34181(f). APPROVED and ADOPTED this 14th day of October , 2014. AYES: BUCK, CARVER, JONATHAN, LARSON, RODRIGUEZ, and SPIEGEL NOES: NONE ABSENT: KINNAMON ABSTAIN: NONE AROBER A. SPIEC�/t,4„).,., C ATTEST: RA H LLE D. KLASSE , SECRETARY OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY RESOLUTION NO. OB - 096 EXHIBIT A OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY PURCHASE AND SALE AGREEMENT FOR PROPERTY LOCATED AT SOUTHEAST CORDNER OF FRED WARING DRIVE AND SAN PABLO AVENUE, PALM DESERT, CA (APN 627-101-002, 017, 033, 038, 039, PROPERTIES 5a THROUGH 5e OF THE LONG RANGE ROPERTY MANAGEMENT PLAN) WITH THE CITY OF PALM DESERT -3- RESOLUTION NO. OB - 096 AGREEMENT OF PURCHASE ANI) SALE AND ESCROW INSTRUCTIONS Foresite Escrow ("Escrow") 41-995 Boardwalk, Ste G-2 Palm Desert, CA 92211 Attention: Esther Lopez, Escrow Officer ("Escrow Holder") Escrow No: THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is dated for reference purposes as of this day of , 2014 (the "Effective Date"), by and between the SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public entity ("Seller"), and CITY OF PALM DESERT, a California municipal corporation ("Buyer"). This Agreement is made with reference to the following facts: RECITALS A. Seller is the owner of certain real property located in the City of Palm Desert, Riverside County, California, commonly known as APNs: 627-101-002, 017, 033, 038 and 039 (except for portions of 627-101-038 and 039 previously transferred to Buyer) and more particularly described in Exhibit A attached hereto ("Property"). Reference herein to the Property includes all of Seller's right, title and interest in and to any and all improvements, fixtures, rights -of -way, utility rights, entitlements, claims or other benefits in any way connected with the Property. B. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer pursuant to the terms and conditions set forth in this Agreement. THE PARTIES AGREE AS FOLLOWS: 1. Purchase and Sale of Property. Upon the terms and conditions described below, Buyer agrees to purchase and Seller agrees to sell and convey the Property to Buyer. 2. Purchase Price. The purchase price for the Property will be an amount equal to Five Hundred Thousand Dollars ($500,000.00) ("Purchase Price"). The purchase price shall be paid in cash, and this Agreement is not subject to any financing contingency. 3. Payment of Purchase Price. Not later than two (2) business day prior to Closing, Buyer shall deposit with Escrow Holder in immediately available funds the Purchase Price, together with such other amounts, if any, as may be required in order to pay Buyer's share of prorations. RESOLUTION NO. OB - 096 4. Title. 4.1 Preliminary Title Report. Upon execution of this Agreement by both parties, Seller will order from Lawyer's Title Company (through its Riverside, California office — "Title Company") a preliminary title report, together with legible copies of all title exception documents described therein (collectively the "Report"). Within five (5) business days after Buyer's receipt or the Report, Buyer may object, by written notice to Seller, to any title exceptions which Buyer determines are unacceptable, in Buyer's sole discretion. Seller may thereafter elect, at its option and at its sole cost and expense, either to eliminate such title objections prior to or at the Close of Escrow, or not to do so. If Seller is unable or unwilling to eliminate any such title objections, Buyer may elect to terminate this Agreement. Alternatively, Buyer may elect to waive any such title objections and accept title to the Property subject to such matters. 4.2 Title Policy. At Close of Escrow, Seller will convey good and marketable title to the Property to Buyer as evidenced by a CLTA Standard Form Owners Policy of Title Insurance, or at Buyer's election and expense, an ALTA Extended Owner's Policy of Title Insurance, issued by the Title Company in an amount equal to the Purchase Price, and containing such endorsements (the "Endorsements") as Buyer may, at Buyer's expense, reasonably require ("Title Policy"). 5. f Intentionally Omittedl. 6. As Is Acceptance of Property. Buyer acknowledges that prior to Close of Escrow, it will have had the opportunity to conduct such tests and evaluations as it deems reasonably necessary in order to investigate the condition of the Property, including its environmental status. Buyer acknowledges that it is acquiring the Property in its "as is" condition with no warranty or representation from Seller regarding the physical condition of the Property, its environmental condition or its suitability for Buyer's intended purposes. Buyer acknowledges that it is acquiring the Property based solely in reliance on its own inspections and examination and its own evaluation of the Property. Buyer agrees that no representations, statements or warranties have at any time been made by Seller or its agents regarding the physical condition of the Property except as may be contained in this Agreement. Buyer acknowledges that there may be conditions affecting the Property unknown to Buyer that may adversely affect its value or use for Buyer's intended purposes. Buyer nevertheless waives any rights or recourse it may have with respect to such unknown conditions and any damage, loss, costs or expense related thereto, including rights accruing under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 2 G \Econ Dc.clupment\Martin Alvarez\SA Property Sales \SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9-26-14 doc RESOLUTION NO. OB - 096 Buyer acknowledges that it has either consulted with or had an opportunity to consult with legal counsel regarding the above waiver. The provisions of this Section 6 will survive Close of Escrow. Buyer Initials 7. Escrow. 7.1 Escrow Instructions. This Agreement shall constitute instructions of Buyer and Seller to Escrow Holder. The parties agree to execute such additional pro forma instructions as Escrow I-Iolder may reasonably require, however, in the event of a conflict, the terms and provisions of this Agreement shall govern. 7.2 Opening of Escrow. Upon execution of this Agreement, Buyer and Seller shall cause an escrow to be opened with Escrow holder by depositing with Escrow Holder a fully executed copy of this Agreement. Escrow shall be deemed opened as of the date this Agreement is deposited with Escrow Holder ("Escrow Opening"). 7.3 Close of Escrow; Closing Date. "Close of Escrow" shall mean the date on which the Grant Deed conveying title from Seller to Buyer is recorded in the Official Records of the County Recorder of Riverside County, California. The form of the Grant Deed will be as set forth in Exhibit B attached hereto. Provided that this Agreement is not earlier terminated pursuant to the terms and provisions hereof, and provided that all of the conditions precedent to the Close of Escrow set forth in this Agreement have been approved or waived as herein provided, Escrow shall close on or before thirty (30) days following the Escrow Opening ("Closing Date"). Seller may terminate this Agreement if Seller has performed its obligations hereunder, and failure to close Escrow results from a material default by Buyer. Buyer may terminate this Agreement if Buyer has performed its obligations hereunder, and failure to close Escrow results from a material default by Seller. By causing the Close of Escrow to occur, Escrow Holder shall be deemed to have irrevocably committed to cause the Title Company to issue the Title Policy to Buyer. If the County Recorder of Riverside County, California is closed on the last day for closing Escrow, then the parties agree that Escrow Holder shall have until the next day the Recorder is open to record the Grant Deed and close Escrow. 7.4 Documents and Funds from Buyer. Not later than two (2) business days prior to the Closing Date, Buyer will deliver or will assure that the following documents and funds have been delivered to Escrow Holder: (a) Purchase Price. The Purchase Price, as described in Section 2 above. (b) Preliminary Change of Ownership Statement. A Preliminary Change of Ownership Statement or in lieu thereof, the appropriate fee, to be provided to the Recorder's office at Close of Escrow. (c) Other Sums and Documents. All other sums and documents required by Escrow Holder according to this Agreement to carry out and close the Escrow. 3 G \Eton Development\Martin Alvarez\SA Property Sales\SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9.26-14 doc RESOLUTION NO. OB - 096 7.5 Documents and Funds from Seller. Not later than two (2) business day prior to the Closing Date, Seller will deliver or will assure that the following documents and Funds have been delivered to Escrow Holder: (a) Grant Deed. A fully executed and acknowledged Grant Deed conveying the Property to Buyer, or Buyer's nominees or assigns, in fee simple. (b) FIRPTA Affidavit. An original affidavit, using Escrow Holder's standard forms, certifying that Seller and this transaction are not subject to the withholding requirements of the Foreign Investment in Real Property Tax Act and equivalent California legislation. (c) Other Sums and Documents. All other documents and sums required by Escrow Holder according to this Agreement to carry out the Escrow and to issue the Title Policy to Buyer in the form required by Buyer. 7.6 Conditions to the Close of Escrow. Close of Escrow shall not take place unless and until: (a) Seller's Obligation. Seller's obligation to sell the Property to Buyer is contingent on the following: (i) Buyer shall have delivered the Purchase Price, less any credits described in this Agreement, for the Property. (ii) Buyer shall have timely performed all other obligations of Buyer under this Agreement. In the event that any of the foregoing conditions have not occurred or been satisfied or waived by the Closing Date, Seller shall be entitled to terminate this Agreement and, subject to the provisions of Section 7.9 below, any funds deposited by Buyer and any interest thereon will be returned to Buyer. (b) Buyer's Obligation. Buyer's obligation to purchase the Property is contingent on the following: (i) Buyer shall have approved or shall be deemed to have approved the Report for the Property pursuant to Section 4.1. (ii) Seller shall have delivered insured title to the Property on the terms required by Section 4. (iii) No loss or damage to the Property shall have occurred which would permit Buyer to terminate this Agreement pursuant to the provisions herein below. 4 G \Econ Development\Martin Al, arcz\SA Property Sales\SWC FW-SP'PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9-26-14 doc RESOLUTION NO. OB - 096 (iv) Seller shall have performed all of its other obligations under this Agreement. In the event that any of the foregoing conditions have not occurred or been satisfied or waived by the date(s) specified, Buyer shall be entitled to terminate this Agreement and, subject to the provisions of Section 7.9 below, any funds deposited by Buyer, and any interest thereon will be returned to Buyer. (c) Delivery of Sums and Documents. Both parties have deposited with Escrow Holder all sums and documents required by this Agreement. (d) Title Policy . The Title Company is prepared to issue the Title Policy to Buyer with title as described in Section 4 above. 7.7 Closing Procedure. Upon receipt of all funds and instruments described in this Section 7, and upon satisfaction or waiver of all contingencies and conditions set forth in this Agreement, Escrow Holder shall: (a) Record the Grant Deed. Record the Grant Deed in the Official Records of Riverside County, California. (b) Title Policy. Cause the Title Policy to be issued. (c) Purchase Price. Deliver the Purchase Price to Seller, less any costs and expenses shown on the closing statements approved by Seller and Buyer, which costs and expenses shall be disbursed as instructed by Seller and Buyer in escrow instructions delivered to Escrow Agent prior to the Closing Date. 7.8 Electronic/Counterpart Documents. In the event Buyer or Seller utilizes "facsimile" or other electronically transmitted signed documents, the parties hereby agree to accept and instruct Escrow Holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby agree, if requested by Escrow Holder, to provide to Escrow Holder within seventy-two (72) hours after transmission, such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that electronically transmitted documents bearing non -original signatures will not be accepted for recording and that the parties will provide originally executed documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize documents which have been signed by Buyer and Seller in counterparts. 7.9 Costs of Escrow and Closing Costs. Seller shall pay all of the Escrow Holder's fee, the costs and expenses associated with the Title Policy as described in Section 4, and any additional closing costs and charges relating to the closing of the sale of the Property. 7.10 Property Taxes and Assessments. Under Seller's ownership, the Property has not been subject to real property taxes or assessments. At the Close of Escrow, Buyer will become liable for all real property taxes and assessments (including any supplemental assessments) allocable to the Property after the Close of Escrow. 5 G 1Econ Development\Martin Alvarez'SA Property Sales\SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9-26-14 doc RESOLUTION NO. OB - 096 7.11 Brokers' Commissions. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. If any other broker or finder perfects a claim for a commission or finder's fee based upon any such contact, dealings or communication, then the party through whom such person makes its claim shall indemnify, hold harmless and defend the other party (the "Indemnified Party") from any and all costs, damages, claims, liabilities, losses, or expenses, (including without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Section shall survive termination of this Agreement and the Close of Escrow. 7.12 Possession. Possession of the Property shall be surrendered to Buyer at the Close of Escrow. 7.13 Report to IRS. After Close of Escrow and prior to the last date on which such report is required to be filed with Internal Revenue Service ("IRS"), and if such report is required pursuant to Section 6045(e) of the Internal Revenue Code, Escrow Holder shall report the gross proceeds of the purchase and sale of the Property to the IRS on Form 1099-B, W-9 or such other form(s) as may be specified by the IRS pursuant to said Section 6045(e). Concurrently with such filing, Escrow Holder shall deliver a copy thereof to Buyer and Seller. 8. Remedies for Default. If Seller defaults under this Agreement, Buyer may, at its option, terminate this Agreement or initiate an action for specific performance of this Agreement. 9. Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be (i) personally delivered, or (ii) sent by recognized overnight delivery service, mailed by certified or registered mail, return receipt requested, postage prepaid. Any such notice or communication shall be effective when received by the addressee or upon refusal of such delivery to the parties at the addresses indicated below: To Seller: `I'o Buyer: Successor Agency of the Palm Desert Redevelopment Agency c/o City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Executive Director City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager Any party may change its address by a notice given to the other party in the manner set forth above. 6 Cr \Leon Development \Martin Alvarez\SA Property Sales\SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9-26-14 doe RESOLUTION NO. OB - 096 10. Miscellaneous. 10.1 Integration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party. 10.2 Binding Effect. This Agreement shall bind and inure to the benefit of the parties, their respective heirs, successors and assigns. 10.3 Amendment/Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties. 10.4 Governing Law/Venue. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. Any litigation or arbitration regarding the Property or this Agreement will be brought in Riverside County Superior Court or conducted in Riverside County. 10.5 Business Days. Reference herein to "business days" means any day excluding Saturday, Sunday and any day which is a legal holiday under the laws of the State of California or in the City of Palm Desert. 10.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. 10.7 Attorneys' Fees. In the event of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to reasonable attorneys' fees and costs. 10.8 Assignability. Any assignment of Buyer's rights under this Agreement shall require the prior written consent of Seller, which Seller may grant or withhold in its sole discretion. 10.9 Time of the Essence. Time is of the essence of this Agreement. 10.10 Escrow Agent. Escrow Agent shall conduct the Close of Escrow in accordance with the terms and provisions of the escrow instructions to be given to Escrow Agent by the parties in a form consistent with this Agreement. To the extent of any conflict or inconsistency between the terms and provisions of this Agreement and the escrow instructions, the terms of this Agreement shall control. 10.11 Exhibits. All Exhibits which are referred to herein and which are attached hereto or bound separately and initialed by the parties are expressly made and constitute a part of this Agreement. 7 G \Econ Development\Martin Alvarez\SA Property SalesASWC PW-SP'PD - SARI)A - Purchase and Sale Agreement (San Pablo)Rev9-26.14 doc RESOLUTION NO. OB - 096 10.12 Counterparts. This Agreement may be executed in counterparts and when so executed by the parties, shall become binding upon them and each such counterpart will be an original document. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS 8 G Tcon Development\Martin Alvarez\SA Property Sales\SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9-26- 14 doc RESOLUTION NO. OB - 096 SELLER: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY By: Name: John M. Wohlmuth Its: Executive Director BUYER: CITY OF PALM DESERT, a California municipal corporation By: John M. Wohlmuth, City Manager ATTEST: APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP Rachelle Klassen, City Clerk David J. Erwin, City Attorney 9 G \hcon Development)Manrn Alvarez\SA Properly Sales\SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pablo)Rev9.26-14 doc RESOLUTION NO. OB - 096 CONSENT AND ACKNOWLEDGMENT OF ESCROW HOLDER Escrow IIolder hereby agrees to (i) accept the foregoing Agreement, (ii) act as the Escrow Holder under said Agreement and (iii) be bound by said Agreement in the performance of its duties as Escrow IIolder. Escrow Holder acknowledges receipt on the date hereof' of originals or counterparts of the foregoing Agreement fully executed by Seller and Buyer. Dated: Escrow IIolder advises the parties that the date of the Opening of Escrow is , 2014. , 2014 FORESITE ESCROW By: Its: Escrow Officer 10 G \Econ Doelopnrent\Manm Alvarez\SA Property Sales\SWC FW-SP\PD - SARDA - Purchase and Sale Agreement (San Pahlo)Rev9-26-14 doc RESOLUTION NO. OB - 096 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY "I'I Ili LAND REFERRED To HEREIN BELOW IS SITUATED IN "11IE CITY (W PALM I)IiSI;RT, ('OIJNI'Y OP RIVERSIDE, S'I'A'I'Ii OF CALIFORNIA, ANI) IS DESCRIBED AS FOLLOWS: Exhibit A 72500.00000\9290195.2 RESOLUTION NO. OB - 096 EXHIBIT "A" In the City of Palm Desert, of Riverside County, California, and also being in a portion of the northeast quarter of Section 20, Township 5 South, Range 6 East, San Bernardino Meridian, Parcel 1: (A.P.N. 627-101-017) All that portion of Lot 1 of Palma Village Groves, as per map filed in Book 20, Page 51, of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at a point on the south line of said Lot 1, which bears North 89° 44' East, 156.5 feet from the southwest corner thereof, said point being also the southeast corner of that certain parcel of land conveyed to Signal Pipeline Construction Co., a partnership, by deed recorded March 1, 1948, in Book 899, Page 27 of Official Records of said Riverside County; Thence North 89° 44' East, along the south line of said Lot 1 to the southwest corner of Lot 13 of Palm Village Garden Tract No. 2 as shown by map on file in Book 22, Page 50 of Maps, in the office of the County Recorder of said Riverside County; Then North 0° 13' West along the west line of said Lot 13 of said Palm Village Garden Tract No. 2, 154 feet to the northwest corner of said Lot 13; Thence South 89° 44' West along the westerly extension of the north line of said Lot 13, to the northeast corner of that certain said parcel of land conveyed to Signal Pipeline Construction Co. by deed recorded March 1, 1948, in Book 899, Page 27; Thence along the east line of said parcel of land per said deed South 0° 02' West to the Point of Beginning. Containing 0.21 acres, more or Tess. Parcel 2: (A.P.N. 627-101-002) All that portion of Lot 1 of Palma Village Groves, as shown by Map on file in Book 20, Page 51 of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at the northwest corner of Lot 13 of Palm Village Garden Tract No. 2, as shown by map on file in Book 22, Page 50 of Maps, in the office of the County Recorder of said Riverside County; Thence South 89° 44' West along the westerly extension of the north line of said Lot 13 of said Palm Village Garden Tract No. 2, to the southeast corner of that certain parcel of RESOLUTION NO. OB - 096 EXHIBIT "A" Continued land conveyed to Aubrey Wardman, a married man, by Deed recorded October 7, 1949, in Book 1113, Page 535 of Official Records of said Riverside County; Thence North 0° 02' East along the easterly line of said parcel as conveyed to Aubrey Wardman, to the southerly line of Lot A (Fred Waring Drive/44'h Avenue) of said Palma Village Groves; Thence North 89° 46' East along the southerly line of said Lot A (Fred Waring Drive/44th Avenue), 106.91 feet, more or Tess, to the westerly line of that certain parcel of land conveyed to Rock Hume and Grace Hume, husband and wife, by Deed recorded March 29, 1049, in Book 1063, Page 172 of Official Records of said Riverside County; Thence South 00° 13' East along said westerly line of that certain parcel as conveyed to Rock Hume and Grace Hume, husband and wife, to a point on the north line of said Lot 13 of said Palm Village Garden Tract No. 2; Thence South 89° 44' West along the northerly line of said Lot 13, a distance of 50 feet to the Point of Beginning. Containing 0.36 acres, more or Tess. Parcel 3: (A.P.N. 627-101-039) That portion of Lot 1 of Palma Village Groves, as shown by map on file in Book 20, Page 51 of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at a point on the west line of said Lot 1, 154 feet north of the southwest corner thereof, said point being the northwest corner of that certain parcel of land conveyed to Signal Pipeline Construction Co., a partnership, by Deed recorded March 1, 1948, in Book 899, Page 27 of Official Records of said Riverside County; Thence North 89° 44' East, along the northerly line of said parcel as conveyed, 156.5 feet, to the northeast corner thereof; Thence North 0° 02' East to a point on the north line of said Lot; Thence South 89° 46' west along the north line of said Lot to the northwest corner thereof; Thence South 0° 02' West along the west line of said Lot to the Point of Beginning; EXCEPTING THEREFROM the easterly 75 feet as measured along the northerly line thereof; RESOLUTION NO. OB - 096 EXHIBIT "A" Continued ALSO EXCEPTING THEREFROM that certain portion of land described in the Quitclaim Deed to the City of Palm Desert recorded July 21, 2014, as Document No. 2014-0268935, Official Records of said Riverside County; ALSO EXCEPTING THEREFROM all that certain parcel of land described in the document recorded June 22, 1983, as Instrument No. 124086, Official Records of said Riverside County. Containing 0.16 acres, more or less. Parcel 4: (A.P.N. 627-101-033) The easterly 75 feet as measured along the northerly line of the following described property: That portion of Lot 1 of Palma Village Groves, as shown by Map on file in Book 20, Page 51 of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at a point on the west line of said Lot 1, 154 feet North of the southwest corner thereof, said point being the northwest corner of that certain parcel of land conveyed to Signal Pipeline Construction Co., a partnership, by Deed recorded March 1, 1948, in Book 899, Page 27 of Official Records of said Riverside County; Thence North 89° 44' East, along the northerly line of said parcel as conveyed, 156.5 feet, to the northeast corner thereof; Thence North 0° 02' East to a point on the north line of said Lot; Thence South 89° 46' West along the north line of said Lot to the northwest corner thereof; Thence South 0° 02' West along the west line of said Lot to the Point of Beginning. Containing 0.25 acres, more or Tess. Parcel 5: (A.P.N. 627-101-038) All of that portion of Lot 1 of Palma Village Groves, as per map filed in Book 20, Page 51 of maps, in the Office of the County Recorder of said Riverside County, described as follows: Beginning at the southwest corner of said Lot 1; Thence North 89° 44' East, on the southerly line of said Lot, 156.5 feet; RESOLUTION NO. OB - 096 EXHIBIT "A" Continued Thence North 00° 02' East 154 feet; Thence South 89° 44" West, 156.5 feet to a point on the westerly line of said Lot 1; Thence South 00° 02' West, on said westerly line, 154 feet to the Point of Beginning. EXCEPTING THEREFROM all that certain parcel of land described in the document recorded June 22, 1983, as Instrument No. 124083, Official Records of said Riverside County; ALSO EXCEPTING THEREFROM that certain portion of land described in the Quitclaim Deed to the City of Palm Desert recorded July 21, 2014, as Document No. 2014-0268935, Official Records of said Riverside County. Containing 0.46 acres, more or Tess. Total net area of Parcels 1 through 5 inclusive is 1.45 acres, more or less. 7 /• / Q (%' 1 R. PAGE GARNER, L City Surveyor City of Palm Desert Date RESOLUTION NO. OB - 096 EX1-11131T 13 GRANT DEED [Sec Attached] Exhibit 1 to Grant Deed 72500.00000\9290195 2 RESOLUTION NO. OB — 096 Exhibit "B" Form of Grant Dccd RECORDING REQUESTED I3Y: SUCCESSOR AGENCY TO "I1IIs PALM DESERT REDEVELOPMENT AGENCY c/o CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: City Clerk WI IEN RECORI)ED REFURN "fO: ('ITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: City Clerk Exempt from Recording Fees Pursuant to G.C. 6103 APN: 627-101-002, 017, 033, 038 and 039 Above Space for Recorder's Use Documentary transfer tax is $0.00 Exempt from Documentary Transfer Taxes Pursuant to R & T Code Section 11922 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public entity ("Grantor"), hereby grants to CITY OF PALM DESERT, a California municipal corporation ("Grantee"), the following described real property (the "Property") situated in the City of Palm Desert, County of Riverside, State of California: See Exhibit A attached hereto. AND excepting therefrom any public rights of way or easements. IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument to be executed by its duly authorized officer. DATED: , 2014 GRANTOR: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY By: Name: John M. Wohlmuth Its: Executive Director RESOLUTION NO. OB - 096 ACKNOWLEDGEMENT 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. WI"INESS my hand and official seal. Signature (Seal) RESOLUTION NO. OB - 096 EXHIBIT B - Grant Deed EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TI-IE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: RESOLUTION NO. OB - 096 EXHIBIT B - Grant Deed EXHIBIT "A" In the City of Palm Desert, of Riverside County, California, and also being in a portion of the northeast quarter of Section 20, Township 5 South, Range 6 East, San Bernardino Meridian, Parcel 1: (A.P.N. 627-101-017) All that portion of Lot 1 of Palma Village Groves, as per map filed in Book 20, Page 51, of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at a point on the south line of said Lot 1, which bears North 89° 44' East, 156.5 feet from the southwest corner thereof, said point being also the southeast corner of that certain parcel of land conveyed to Signal Pipeline Construction Co., a partnership, by deed recorded March 1, 1948, in Book 899, Page 27 of Official Records of said Riverside County; Thence North 89° 44' East, along the south line of said Lot 1 to the southwest corner of Lot 13 of Palm Village Garden Tract No. 2 as shown by map on file in Book 22, Page 50 of Maps, in the office of the County Recorder of said Riverside County; Then North 0° 13' West along the west line of said Lot 13 of said Palm Village Garden Tract No. 2, 154 feet to the northwest corner of said Lot 13; Thence South 89° 44' West along the westerly extension of the north line of said Lot 13, to the northeast corner of that certain said parcel of land conveyed to Signal Pipeline Construction Co. by deed recorded March 1, 1948, in Book 899, Page 27; Thence along the east line of said parcel of land per said deed South 0° 02' West to the Point of Beginning. Containing 0.21 acres, more or less. Parcel 2: (A.P.N. 627-101-002) All that portion of Lot 1 of Palma Village Groves, as shown by Map on file in Book 20, Page 51 of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at the northwest corner of Lot 13 of Palm Village Garden Tract No. 2, as shown by map on file in Book 22, Page 50 of Maps, in the office of the County Recorder of said Riverside County; Thence South 89° 44' West along the westerly extension of the north line of said Lot 13 of said Palm Village Garden Tract No. 2, to the southeast corner of that certain parcel of RESOLUTION NO. OB - 096 EXHIBIT B - Grant Deed EXHIBIT "A" Continued land conveyed to Aubrey Wardman, a married man, by Deed recorded October 7, 1949, in Book 1113, Page 535 of Official Records of said Riverside County; Thence North 0° 02' East along the easterly line of said parcel as conveyed to Aubrey Wardman, to the southerly line of Lot A (Fred Waring Drive/44th Avenue) of said Palma Village Groves; Thence North 89° 46' East along the southerly line of said Lot A (Fred Waring Drive/44th Avenue), 106.91 feet, more or Tess, to the westerly line of that certain parcel of land conveyed to Rock Hume and Grace Hume, husband and wife, by Deed recorded March 29, 1049, in Book 1063, Page 172 of Official Records of said Riverside County; Thence South 00° 13' East along said westerly line of that certain parcel as conveyed to Rock Hume and Grace Hume, husband and wife, to a point on the north line of said Lot 13 of said Palm Village Garden Tract No. 2; Thence South 89° 44' West along the northerly line of said Lot 13, a distance of 50 feet to the Point of Beginning. Containing 0.36 acres, more or less. Parcel 3: (A. P. N. 627-101-039) That portion of Lot 1 of Palma Village Groves, as shown by map on file in Book 20, Page 51 of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at a point on the west line of said Lot 1, 154 feet north of the southwest corner thereof, said point being the northwest corner of that certain parcel of land conveyed to Signal Pipeline Construction Co., a partnership, by Deed recorded March 1, 1948, in Book 899, Page 27 of Official Records of said Riverside County; Thence North 89° 44' East, along the northerly line of said parcel as conveyed, 156.5 feet, to the northeast corner thereof; Thence North 0° 02' East to a point on the north line of said Lot; Thence South 89° 46' west along the north line of said Lot to the northwest corner thereof; Thence South 0° 02' West along the west line of said Lot to the Point of Beginning; EXCEPTING THEREFROM the easterly 75 feet as measured along the northerly line thereof; RESOLUTION NO. OB - 096 EXHIBIT B - Grant Deed EXHIBIT "A" Continued ALSO EXCEPTING THEREFROM that certain portion of land described in the Quitclaim Deed to the City of Palm Desert recorded July 21, 2014, as Document No. 2014-0268935, Official Records of said Riverside County; ALSO EXCEPTING THEREFROM all that certain parcel of land described in the document recorded June 22, 1983, as Instrument No. 124086, Official Records of said Riverside County. Containing 0.16 acres, more or Tess. Parcel 4: (A.P.N. 627-101-033) The easterly 75 feet as measured along the northerly line of the following described property: That portion of Lot 1 of Palma Village Groves, as shown by Map on file in Book 20, Page 51 of Maps, in the office of the County Recorder of said Riverside County, described as follows: Beginning at a point on the west line of said Lot 1, 154 feet North of the southwest corner thereof, said point being the northwest corner of that certain parcel of land conveyed to Signal Pipeline Construction Co., a partnership, by Deed recorded March 1, 1948, in Book 899, Page 27 of Official Records of said Riverside County; Thence North 89° 44' East, along the northerly line of said parcel as conveyed, 156.5 feet, to the northeast corner thereof; Thence North 0° 02' East to a point on the north line of said Lot; Thence South 89° 46' West along the north line of said Lot to the northwest corner thereof; Thence South 0° 02' West along the west line of said Lot to the Point of Beginning. Containing 0.25 acres, more or Tess. Parcel 5: (A.P.N. 627-101-038) All of that portion of Lot 1 of Palma Village Groves, as per map filed in Book 20, Page 51 of maps, in the Office of the County Recorder of said Riverside County, described as follows: Beginning at the southwest corner of said Lot 1; Thence North 89° 44' East, on the southerly line of said Lot, 156.5 feet; RESOLUTION NO. OB - 096 EXHIBIT B - Grant Deed EXHIBIT "A" Continued Thence North 00° 02' East 154 feet; Thence South 89° 44" West, 156.5 feet to a point on the westerly line of said Lot 1; Thence South 00° 02' West, on said westerly line, 154 feet to the Point of Beginning. EXCEPTING THEREFROM all that certain parcel of land described in the document recorded June 22, 1983, as Instrument No. 124083, Official Records of said Riverside County; ALSO EXCEPTING THEREFROM that certain portion of land described in the Quitclaim Deed to the City of Palm Desert recorded July 21, 2014, as Document No. 2014-0268935, Official Records of said Riverside County. Containing 0.46 acres, more or less. Total net area of Parcels 1 through 5 inclusive is 1.45 acres, more or Tess. R. PAGE GARNER, L.S. City Surveyor City of Palm Desert /.'// Jret- Date