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HomeMy WebLinkAboutORD 1164ORDINANCE NO. 1164 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT FUNDING COMPANY DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT AGREEMENT. CASE NO. DA 06-02 AMENDMENT 1: WHEREAS, the Planning Commission by its Resolution No. 2481 has recommended approval of said project; and WHEREAS, at said public hearings, said City Council heard and considered all testimony and arguments of all interested persons. WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That the Development Agreement 06-02 Amendment 1 by Ordinance No. 1164 is hereby approved. SECTION 2: The City Clerk of the City of Palm Desert, California, shall certify to the passage adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within the City of Palm Desert, and the same be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25th day of September, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: FINERTY, KELLY, and BENSON NONE FERGUSON and SPIEGEL NONE -4 1s. . M. BEM N, MAYOR [This page has intentionally been left blank.] ORDINANCE NO. i -i o4 RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: City of Palm Desert Attn: City Clerk 73-510 Fred Waring Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT NO FEE 6103 FOR THE GOVERNMENT CODE Space above this line for Recorder's use First Amendment to Development Agreement 06-02 This First Amendment to Development Agreement 06-02 (this "Amendment") is made and entered into this as of this 25th day ofseptembe2008 by and between the CITY OF PALM DESERT, a California Municipal Corporation ("City"), and PALM DESERT FUNDING COMPANY, L.P. A DELAWARE LIMITED PARTNERSHIP ("Developer") ("City and Developer are collectively "the Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California. RECITALS A. City and Developer entered into that certain Development Agreement 06-02 dated as of the 8th day of March 2007 and recorded on April 2, 2007 as Document Number 2007-0221432, and the official records of Riverside County, California (the "Agreement"). The Agreement was entered into to facilitate the development of certain real property (the "site") more particularly described in the Agreement. B. City and Developer now desire to amend the Agreement in the manner set forth herein pursuant to Section 2.2 of the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree to as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date which is two business days after the date which is thirty days after the date of final adoption by the City of the ordinance approving this Amendment ("Effective Date"). From and after the Effective Date, all references to the Agreement shall automatically be deemed to mean the Agreement as amended by this Amendment. ORDINANCE NO. 1164 2. Defined Terms: All capitalized terms used but not defined herein shall have the meeting set forth in the Agreement. 3. Effect on Site: This Amendment will bind the Site upon the Effective Date. 4. Amendment to Exhibit "A": Exhibit "A" legal description shall be revised by removing the properties described in Exhibit "AA", attached, from the Site. The properties described in Exhibit "AX shall no longer be a part of the property entitled and restricted under the terms of Development Agreement 06-02. 5. Covenants Run With Land: It is specifically understood and agreed by and between the Parties hereto that the Agreement and this Amendment shall not be severable from Developer's interest in the Site and the provisions of this Agreement as amended by this Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Amendment, and that thereafter the benefits and burdens •of the Agreement as amended by this Amendment shall bind and inure to all successors in interest to the Parties who require any interest in this Site. 6. Interpretation: This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. 7. Entire Agreement: This Amendment is executed in duplicate originals each of which is deemed to be an original. 8. Status of Agreement: Except as modified by this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] 2 ORDINANCE NO. 1164 IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the date and year first above written. City of Palm Desert, a California Municipal Corporation by: By: 0 Effective Datepctober 28 2008 eManBens , Mayor al esert ATTEST: achelle asse , City Clerk 'APPROVEDAS T& 40MI, f� Dave'J. Erwin, City Attorney DEVELOPER: Palm Desert Funding Company L.P. A Delaware Limited Partnership 3 ORDINANCE NO. 1164 State of California }SS } County of O�,¢iy6-0 } On t 1�20 © before me, k-e - n � a Notary Public, personally appeared �Yr�u✓ . �, ,E-�re•L% who proved to me on the basis of satisfactory evidence to be the personk8( whose name($ is/x-d'e"' subscribed to the within instrument and acknowledged to me that he/shle/they executed the same in his/Wr/thatr authorized capacity(jes'y, and that by his/their signature(,' on the instrument the person(sl, or the entity upon behalf of which the personal 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. e Grh7cemm"n if 1 M7�T NO" pwoo . Ct�MlorrNo Signature �, _���o �M►cen� �t� State of California }SS County of Riverside- } } On OC-eher /6 , 20 Cff , before me, /P 011) 6- M01-{,%)Qz , a Notary Public, personally appeared Jefin !J1 • 'rhsc>7 0,y1 0JWJ1--e D. K/cjWi , who proved to me on the basis of satisfactory evidence to be the person@) whose nam js ar subscribed to the within ' strument and acknowledged to me that h�/$fi the executed the same in qs/he t authorized capacity( , and that by hj'/I /thei signatures on the instrument the person s�j or the entity upon behalf of which the person sgacted, 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 bAt i 4 M. GLOPLA MARTINEZ Commission # 1697036 Z 4My Notary Public - CaliforniaRiverside County Comm. Expires Oct 29,201 ORDINANCE NO. 1164 501412638A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A"PORTION OF PARCEL 3, AS SHOWN ON .PARCEL MAP NO. 31730 FILED IN BOOK 211 PAGES 63 THROUGH 75, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PORTOLA AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID COLLEGE DRIVE NORTH 890S4'28" EAST 121.37 FEET; THENCE NORTH 00005132" WEST 54 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47041'41" WEST 45.19 FEET TO A LINE PARALLEL AND 38.00 FEET EAST OF THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID PARALLEL LINE, NORTH 00°05'32" WEST 110.11 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89054'28" EAST 97.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 45.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 65046'56" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY AND EASTERLY 71.68 FEET THROUGH A CENTRAL ANGLE OF 90016'08" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 34.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 24°29'12" EAST; THENCE ALONG SAID CURVE EASTERLY 14.69 FEET THROUGH A CENTRAL ANGLE OF 24023'40"; Continued on next page 5 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 501412638A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 THENCE TANGENT FROM SAID CURVE NORTH 89054'28" EAST 13.33 FEET; THENCE SOUTH 00005'32" EAST 126.81 FEET TO A LINE PARALLEL WITH AND 10 FEET NORTH OF THE SOUTHERLY LINE OF SAID PARCEL 3, SAID LINE ALSO BEING THE NORTHERLY RIGHTS) OF WAY LINE OF SAID COLLEGE DRIVE; THENCE SOUTH 89054'28" WEST 29.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 315.00 FEET; THENCE ALONG SAID CURVE WESTERLY 41.94 FEET THROUGH A CENTRAL ANGLE OF 07037'41" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 363.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 07'032110" WEST; THENCE ALONG SAID CURVE WESTERLY 48.33 FEET THROUGH A CENTRAL ANGLE OF 07037'41"; THENCE TANGENT FROM SAID CURVE SOUTH 89054'28" WEST 31.88 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page 6 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 SEC. 33, T. 4S. , R. 6E. 50 0 50 100 150 SCALE: 1"=50' W� WJ W LOT"H" O V 50' P. 0. C. QL J W .c) Lnz OQQ boo 38' PARCEL 3 PARCEL MAP J17JO O P.M.B. 211/63-75 5 � WELL SITE I 0.554 AC. T. P. 0. B. 7 1 N1U O N,�a C�[ NI ^� O NI N� NI 11 i� SOUTHERL Y LINE OF / PARCEL J TEMPORARY ACCESS —� EASEMENT 0 I NORTHERL Y RIGHT -OF -WA Y LINE OF COLLEGE DRIVE O CIL COLLEGE DRIVE DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 N89'54'28"E -- 121.37' 2 N00 05 32 W -- 54.00' 3 N47'41 41 W -- 45.19' 4 NOO'05'32 W -- 110.11' 5 N89'54'28"E -- 97.33' 6 90 16 08 45.50 71.68' 7 24 23'40' 34.50' 14.69' 8 N89 54 28'E -- 13.33' 9 S00'05'32"E -- 126.81' 10 S89 54'28 W -- 29.98' 11 0737'41" 315.00' 41.94' 12 07'37'41" 363.00' 48.33' 13 S89'54'285 -- 31.88' EXHIBIT "B" PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR WELL SITE PURPOSES. 00 rn N _ DENOTES TEMPORARY ACCESS EASEMENT L _'J RECORDED ON AS 2 10 INSTRUMENT N0. 0 s SHEET 1 OF 1 SHEET PLANNING ■ DESIGN ■ CONSTRUCTION / 74-130 CO WMY CLLH DRNE, " TE 201 n PALM DESERT, CALFOMA 92260--"6W / CONSULTING 76c s4e-7461• FAX 780.346.8713 • wrwABF cam DATE: MAY 8, 2007 JN: 20-1CO707-05 7 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 501418444A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4, AS SHOWN ON PARCEL MAP NO. 31730, FILED IN BOOK 211 PAGES 63 THROUGH 75, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF GERALD FORD DRIVE AND PACIFIC AVENUE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID GERALD FORD DRIVE, NORTH 89056107" EAST 373.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1000 FEET; THENCE ALONG SAID CURVE EASTERLY 523.05 FEET THROUGH A CENTRAL ANGLE OF 29058'07"• THENCE LEAVING SAID CENTERLINE RADIALLY FROM SAID CURVE SOUTH 29054'14" WEST 95 FEET TO THE TERMINUS OF A CURVE LYING 95 FEET SOUTHERLY AND CONCENTRIC WITH THE SAID CENTERLINE OF GERALD FORD DRIVE, BEING A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 905 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 29054'14" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CURVE SOUTHEASTERLY 189.39 FEET THROUGH A CENTRAL ANGLE OF 11059'26"; THENCE NON -TANGENT FROM SAID CURVE SOUTH 22013'53" WEST 139.12 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 283 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 22013153" WEST; THENCE ALONG SAID CURVE WESTERLY 102.99 FEET THROUGH A CENTRAL ANGLE OF 20051'05" THENCE NON -TANGENT FROM SAID CURVE NORTH 00003'53" WEST 218.67 Continued on next page 8 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 501418444A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page 9 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 SEC. 33, T. 4S. , R. 6E. TEMPORARY ACCESS EASEMENT N41°53'40"E (R) O5 N22"13'53"E (R) �O ® WELL SITE L � 0.552 AC. \��- O . P. 0. B. 1 1S29"54_14"W �R) O c° PARCEL 4 a PARCEL MAP 31730 P.M.B. 211163-75 0 1. "-SO1022'4s"W �RI ----- V SCALE: 1 "=100' I 75 ' � � Z o 100 0 100 200 SCALE: 1"=100' WESTERL Y L INE 01 11 — — —t r OF PARCEL 4 EASTERLY RIGHT-OF-WAY J -,I- LINE OF PACIFIC A VENUE th P. 0. C. C/L PACIFIC AVENUE -; DENOTES TEMPORARY ACCESS EASEMENT RECORDED ON L---J INSTRUMENT NO. I EXHIBIT "B " PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR WELL SITE PURPOSES. DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 N89 56'07 E -- 373.93' 2 29 58 07 1000.00 523.05' 3 S29'54'14"W -- 95.00 4 11'59'26" 1 905.00' 189.39' 5 S22'13'53'W R -- 139.12' 6 20 51'05 283.00' 102.99' 7 N00'03'53'W -- 218.67 AS SHEET 1 OF 1 SHEET PF PLANNING ■ DESIGN 0 CONSTRUCTION 74-130 COUNTRY CLUB DRIVE `+UTE 201 p PALM DESERT, CALFCANA 92260-'6W CONSULTING 760-3a6-7461• F 760..J4 AMS • w Al Fcw, 2 CATE: ,VAY 8, 2C07 JN: 20-100707-016 9 j 10 Exhibit "AA" of DA 06-02 Amd I RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - 6103 OF THE GOVT. CODE DOC # 2008-0559022 10/17/2008 08:00A Fee:NC Page 1 of 14 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIII IIIIIII III IIIIIII IIIII IIII IIIIII III IIIII 11111111 S R U PAGE SIZE DA MISC LONG RFD COPY T - - --1-T M A L 465 426 PCOR NCOR SMFHUNI r EXAM 5 fdf {(, CG T: CTYV✓ First Amendment to 553 Development Agreement 06-02 Between the City of Palm Desert, California and Palm Desert Funding Company, L.P a Delaware Limited Partnership ORDINANCE NO. 1164 (Case Nos. DA 06-02 Amendment 1 and MISC 08-301) Dated: September 25, 2008 (Title of Document) M r� 7 UJ C-17 L'Jt.:f i C 1:: 0 [This page has intentionally been left blank.] ORDINANCE NO. i -i v4 RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: City of Palm Desert Attn: City Clerk 73-510 Fred Waring Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT NO FEE 6103 FOR THE GOVERNMENT CODE Space above this line for Recorder's use First Amendment to Development Agreement 06-02 This First Amendment to Development Agreement 06-02 (this "Amendment,,) is made and entered into this as of this 25th day of SeptemtM8 by and between the CITY OF PALM DESERT, a California Municipal Corporation ("City"), and PALM DESERT FUNDING COMPANY, L.P. A DELAWARE LIMITED PARTNERSHIP ("Developer') ("City and Developer are collectively "the Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California. RECITALS A. City and Developer entered into that certain Development Agreement 06-02 dated as of the 8th day of March 2007 and recorded on April 2, 2007 as Document Number 2007-0221432, and the official records of Riverside County, California (the "Agreement"). The Agreement was entered into to facilitate the development of certain real property (the "site") more particularly described in the Agreement. B. City and Developer now desire to amend the Agreement in the manner set forth herein pursuant to Section 2.2 of the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree to as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date which is two business days after the date which is thirty days after the date of final adoption by the City of the ordinance approving this Amendment ("Effective Date"). From and after the Effective Date, all references to the Agreement shall automatically be deemed to mean the Agreement as amended by this Amendment. ORDINANCE NO. 1164 2. Defined Terms: All capitalized terms used but not defined herein shall have the meeting set forth in the Agreement. 3. Effect on Site: This Amendment will bind the Site upon the Effective Date. 4. Amendment to Exhibit "A": Exhibit "A" legal description shall be revised by removing the properties described in Exhibit "AX, attached, from the Site. The properties described in Exhibit "AX shall no longer be a part of the property entitled and restricted under the terms of Development Agreement 06-02. 5. Covenants Run With Land: It is specifically understood and agreed by and between the Parties hereto that the Agreement and this Amendment shall not be severable from Developer's interest in the Site and the provisions of this Agreement as amended by this Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Amendment, and that thereafter the benefits and burdens -of the Agreement as amended by this Amendment shall bind and inure to all successors in interest to the Parties who require any interest in this Site. 6. Interpretation: This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. 7. Entire Agreement: This Amendment is executed in duplicate originals each of which is deemed to be an original. 8. Status of Agreement: Except as modified by this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] 2 ORDINANCE NO. 1164 IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the date and year first above written. City of Pn Desert, a California Municipal Corporation by: Jean M. Bens6n, Mayor City of Palm Desert TTEST: maAm-le. m+ APPROVED AS TO FORM: Dave J Envfii, City Attorney DEVELOPER: Palm esert Funding Company L.P. A Del are Limited Partnership Effective Date: October 2-ft08 BY:1 11U(/ It' M10 E{'oY� � tv���� G� /A•L� ITS: �@'V7�f'G1N(» t`� ►5 r� 3 ORDINANCE NO. 1164 State of California )SS County of On _ !,.�'.,.� I% 200Y, before me, Ya Notary Public, personally appeared-771v/.q c' f /VIlle400, , 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. � o Signature.-- J State of California )SS County of ki ucrs"Cie- }) KATHY� pI Commission # 178976g Notary Public • California Orange County My Comm. FxDkes Feb 8, 2012 On 666ber 1 C7 , 20OR, before me, W. ()'10ri& M,!f1iiez , a Notary Public, personally appeared -lean M. 13& S(91 1,7d ffadTe7Te-D-.K a ,� , who proved to me on the basis of satisfactory evidence to be the person(D) whose nam 4 a�' subscribed to the within ' trument and acknowledged to me that hh executed the same in WOler the' authorized capacity le , and that by h�g/* I signatureo on the instrument the personal, or the entity upon behalf of which e personeacted, 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. Signatt n M. GLORIA MARTINEZ Commission # 1697036 -,r Notary Public - California Riverside County My Comm. Expires Oct 29,201 OfJ ORDINANCE NO. 1164 501412638A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A"PORTION OF PARCEL 3, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211 PAGES 63 THROUGH 75, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PORTOLA AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID COLLEGE DRIVE NORTH 89054'28" EAST 121.37 FEET; THENCE NORTH 00005132" WEST 54 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47041141" WEST 45.19 FEET TO A LINE PARALLEL AND 38.00 FEET EAST OF THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID PARALLEL LINE, NORTH 00-05'3211 FEET; WEST 110.11 THENCE LEAVING SAID PARALLEL LINE, NORTH 89054'28" EAST 97.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 45.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 65046156" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY AND EASTERLY 71.68 FEET THROUGH A CENTRAL ANGLE OF 90016'08" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 34.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 24029112" EAST; THENCE ALONG SAID CURVE EASTERLY 14.69 FEET THROUGH A CENTRAL ANGLE OF 24023'40"; Continued on next page 5 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 501412638A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 THENCE TANGENT FROM SAID CURVE NORTH 89054128" EAST 13.33 FEET; THENCE SOUTH 00005132" EAST 126.81 FEET TO A LINE PARALLEL WITH AND 10 FEET NORTH OF THE SOUTHERLY LINE OF SAID PARCEL 3, SAID LINE ALSO BEING THE NORTHERLY RIGHT(S) OF WAY LINE OF SAID COLLEGE DRIVE; THENCE SOUTH 89054128" WEST 29.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 315.00 FEET; THENCE ALONG SAID CURVE WESTERLY 41.94 FEET THROUGH A CENTRAL ANGLE OF 07037'41" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 363.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 07'032110" WEST; THENCE ALONG SAID CURVE WESTERLY 48.33 FEET THROUGH A CENTRAL ANGLE OF 07037'41"; THENCE TANGENT FROM SAID CURVE SOUTH 89054'28" WEST 31.88 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page t 6 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 SEC. 33, T. 4S. , R. 6E. 50 0 50 100 150 SCALE: 1"=50' PARCEL 3 PARCEL MAP 31730 O P.M.B. 211163-75 56 � Qob6,-i � w WJ �65i 38' h L0T„H., WELL SITE 1 0.554 AC. 4" vI'i I 50' J T, P. 0. B. c� 13 3 O 12 �l LI NIU Ia O CL NI rn 01 10 11 TEMPORARY ACCESS - EASEMENT OI NORTHERLY RIGHT -OF -NAY O LINE OF COLLEGE DRIVE 1 P. 0. c. C L COLLEGE DRIVE EXHIBIT "B " PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR WELL SITE PURPOSES. SOUTHERL Y L INE OF PARCEL 3 DENOTES TEMPORARY ACCESS EASEMENT � �1 RECORDED ON AS L_ — J INSTRUMENT NO. SHEET 1 OF 1 SHEET f PLANNING ■ CE9iON ■ CON9TglJCT,pN / n h 8 r ■ ■ 74-M COLUMy CLLB DFM Sure 201 n 7ALM AcERT.y6LA 97YlVU CONSULTING 760-:l-780_3I. COM DATE: MAY 8, 2007 JN 20-100707-05 i 7 Exhibit "AA" of DA 06-02 Amd I ORDINANCE NO. 1164 501418444A Policy NO.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the St County of Riverside, ate of California, City of PALM DESERT, described as follows: THAT CERTAIN PARCEL OF LAND SITUATED IN COUNTY OF RIVERSIDE, STATE OTHE CITY OF F CALIFORNIA, BEING A PORTION NDESERT, PARCEL 4, AS SHOWN ON PARCEL MAP NO. 31730, FILED IN BOOK 211 PAGES 63 THROUGH 75, COUNTY, OF PARCEL MAPS, RECORDS OF RIVERSIDE CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF GERALD FORD DRIVE AND PACIFIC AVENUE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID GERALD FORD DRIVE, 89056'07" EAST 373.93 FEET TO THE BEGINNING OF ATANGNORTH CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1000FEET; CURVE THENCE ALONG SAID CURVE EASTERLY 523.05 FEET THROUGH A CENTRAL ANGLE OF 29058107"; THENCE LEAVING SAID CENTERLINE RADIALLY FROM S 29054'14" WEST 95 FEET TO THE TERMINUS OF SAID CURVE SOUTH CURVE SOUTHERLY AND CONCENTRIC WITH THE SAID CENTERLINE OFLYING 95 FEET FORD DRIVE, BEING A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 905 FEET SAID CURVE FROM SAID POINT BEARS SOUTH 29°54'141, WEST, LINE OF POINT ALSO BEING THE TRUE POINT OF BEGINNING;SAID THENCE ALONG SAID CURVE SOUTHEASTERLY 189.39 FEET THROUGH A CENTRAL ANGLE OF 11059126"; THENCE NON -TANGENT FROM SAID CURVE SOUTH 22013'53" WEST 13_9. FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWE TERLYI2 AND HAVING A RADIUS OF 283 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 22-131531, WEST; THENCE ALONG SAID CURVE WESTERLY 102.99 FEET THROUGH A CENTRAL ANGLE OF 20051'05"; THENCE NON -TANGENT FROM SAID CURVE NORTH 00003' " 53 WEST 218.67 Continued on next page 8 Exhibit "AA'r 01 DA 06-02 Amd I ORDINANCE NO. 1164 501418444A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page 9 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE NO. 1164 SEC. .33, T. 4S. , R. 6E. TEMPORARY ACCESS EASEMENT A; O3 � v y O Q z J �1' � J � CCCWSSS 75 ' N41°53'40"E LRJ /N22°13'53"E (R) ----- ® WELL SITE 1- �0 0.552 AC. 0 I T. P. 0. B. jS29°54'14"W LR� PARCEL 4 PARCEL MAP 31730 P.M.B. 211/63-75 SO1°22'48"W JRJ SCALE: 1 "=100' 100 0 100 200 300 SCALE: 1"=100' WESTERL Y L INE OF PARCEL 4 EASTERLY RIGHT-OF-WAY q. L INE OF PACIFIC AVENUE `n CIL PACIFIC A VENUE DATA TABLE ® BEARING/DELTA I RADIUS LENGTH 1 N89 56 07 E -- 373.93' 2 29 58 07 1000.00 523.05 3 S29 54 14 W -- 95.00 4 11'59'26" 1 905.00 189.39' 5 1 S22'13 53 W R -- 139.12 6 20 51'05" 283.00- 102.99 7 N00 03 53 W -- 218.67 --� DENOTES TEMPORARY ACCESS EASEMENT RECORDED ON ASrl ' ' V INSTRUMENT NO. EXHIBIT "B" PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR WELL SITE PURPOSES. SHEET 1 OF 1 SHEET PLANNING ■ DESIGN IS CONSTRUCTION 74-:10 COLM MY CLUB OWA--- "UM 201 wom PALM WWRT. CALOCMWA 92260-:636 i C O N S U LT I N O 760-346-74e1- FAX 760.3".&N3 . w JFM F— t DATE: NAY 8, 2G07 JN: 20-100707-06 i 10 Exhibit "AA" of DA 06-02 Amd 1 o° c� of4 GARY L. ORSO Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (909) 486-7000 yam, http://riverside.asrclkrec.com NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Commission M Place of Execution: Kathy Randolph 1789762 Orange County Date Commission Expires: February 8, 2012 Date: 66ober /0 f 2609 Signature: Print Name: M. `G ria Martinez ACR 186P-AS4RE0 (Est. 05/2003) ORDINANCE NO. 1164 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT FUNDING COMPANY DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT AGREEMENT. CASE NO. DA 06-02 AMENDMENT 1: WHEREAS, the Planning Commission by its Resolution No. 2481 has recommended approval of said project; and WHEREAS, at said public hearings, said City Council heard and considered all testimony and arguments of all interested persons. WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That the Development Agreement 06-02 Amendment 1 by Ordinance No. 1164 is hereby approved. SECTION 2: The City Clerk of the City of Palm Desert, California, shall certify to the passage adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within the City of Palm Desert, and the same be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25th day of September, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: FINERTY, KELLY, and BENSON NONE FERGUSON and SPIEGEL NONE ft M. BEW N, MAYOR EOCH DOCUMENT TO WHICH THIS CERTIFICATE 13 ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND ON RECORD IN MY OFFICE.