HomeMy WebLinkAboutORD 696ORDINANCE NO. 696
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PREANNEXATION
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM
DESERT AND RANCHO MIRAGE INDUSTRIAL PARK A
CALIFORNIA LIMITED PARTNERSHIP, RUYEN
INTERNATIONAL CORPORATION; HENRY MELBY, TRUSTEE OF
THE B.H. FORTNER TESTAMENTARY TRUST; AND BERNARD
AND JEANETT DEBONNE, FOR THE FUTURE DEVELOPMENT OF
REAL PROPERTY LOCATED WITHIN ANNEXATION NO. 30.
CASE NO. DA 92-3 PREANNEXATION DEVELOPMENT AGREEMENT
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 3rd day of December, 1992, hold a duly noticed public
hearing to consider the request of Rancho Mirage Industrial Park, a
California Limited Partnership, Ruyen International Corporation; Henry
Melby, Trustee of the B.H. Fortner Testamentary Trust; and Bernard and
Jeanett DeBonne, to consider the above mentioned project; and
WHEREAS, the planning commission did hold a duly noticed public
hearing on this matter on December 1, 1992 and has recommended approval
of said development agreement; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89," in that the director
of community development has determined that the project has been
previously assessed in reference to case C/Z 92-1, Ordinance No. 683,
and no further documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said city council did find the following:
1. That the development agreement is consistent with the
provisions of Section 25.37 Development Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the city council in this case.
2. That the city council does hereby approve the Development
Agreement, Exhibit W , between the City of Palm Desert and
Rancho Mirage Industrial Park, A California Limited
Partnership, Ruyen International Corporation; Henry Melby,
Trustee of the B.H. Fortner Testamentary Trust; and Bernard
and Jeanett DeBonne.
ORDINANCE NO. 696
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 17th day of December, 1992, by the
following vote, to wit:
AYES: KELLY, SNYDER, WILSON, BENSON
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
JEAN W. BENSON, Mayor
AKCTEST ://-�� /
SHEILA-i-/GILLI/ft, City Clerk
City of/Palm Dopbrt, California
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RECORDING REQI]ESTED BY AND
WHEN RECORDED RETURN TO:
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NANeHO MIRAOL, GAUPORNIA 92270
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DEVELOPMENT AGREEMENT
ENTERED INTO BE TWEE'N
THE CITY OF PALM DESERT
AND
RANCHO MIRAGE INDUSTRIAL PARK RUMEN
INTERNATIONAL CORP., HENRY MELBY, TRUSTEE OF THE
B. H. FORTNER TESTAMENTARY TRUST, MC- PROPERTIES,
MACLEOD-COUCH LAND CO. AND BERNARD AND
JE4 NNETT DEBONNF
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TABLE OF CONTENTS
RECITALS. . . . . . . . . . . . . . . . . . . . . . .
. . . 1
1.
DEFINITIONS . . . . . . . . . . . . . . . . . . .
. . . 5
2.
TERM. . . . . . . . . . . . . . . . . . . . . . .
. . . 7
3.
RESTRICTIONS ON DEVELOPMENT AND USE. . . . . . . .
. . 7
4.
DEVELOPMENT AND USE . . . . . . . . . . . . . . . .
. . . 9
5.
COMPLIANCE . . . . .. . . . . . . . . . . . .
. . . 15
6.
DEFAULT BY OWNERS . . . . . . . . . . . . .
15
7.
TIMING OF DEVELOPMENT . . . . . . . . . . . . . .
. . . 15
B.
DEFAULT BY THE CITY . . . . . . . . . . . . . . .
. . . 16
9.
INDEMNIFICATION . . . . . . . . . . . . . . . . . .
. . . 17
10.
SUPERSEDING STATE OR FEDERAL LAW. . . . . . . .
. . . 18
11.
SUCCESSORS AND ASSIGNS. . . . . . . . . . . . . .
. . . 19
12.
EQUITABLE SERVITUDES. . . . . . . . . . . . . . .
. . . 19
13.
NEGATION OF AGENCY, JOINT VENTURE'OR PARTNERSHIP.
20
14.
NOTICES AND OTHER COMMUNICATIONS. . . . . . . . .
. . .• 20
15.
ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . .
. . . 21
16.
APPLICABLE LAW. . . . . ' . . . . . ` . . . . . . . .
. 21
17.
VENUE . . . . . . . . . . . . . . . . . . . . . . .
. . . 21
18.
ATTORNEYS' FEES . . . . . . . . . . . . . . . . . .
. . . 22
19.
PARAGRAPH HEADINGS . . . . . . . . . . . . . . . . .
. . 22
20.
CONSTRUCTION . . . . . . . . . . . . . . . . . . . .
. . 22
21.
SURVIVAL. . . . . . . . . . . . . . . . . . . . . .
. . 22
22.
CALENDAR PERIODS. . . . . . . . . . . . . .
22
23.
SEVERABILITY. . . . . . . . . . . . . . . . . . . .
. . 22
24.
FURTHER ASSURANCES . . . . . . . . . . . . . . . . .
. . 23
•
25.
COVENANT OF•GOOD FAITH. . . . . . . . . . . . . . .
. . 23
i
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2 5 . COUNTERPARTS . . . . . . . . . . . . . . . . . . . . . . 23
27. INCORPORATION OF RECITALS. 23
28. EXHIBITS . . . . . . . . . . . . . . 24
29.• AMENDMENT. . . . . . . . 24
. . . . . . ... . ... . . . .
30. RECORDATION. . . 24
. . . . . . . . . . . . . . . . . . .
31. AGREEMENT BY OWNERS RE NEGATIVE DECLARATION,
NORTH SPHERE OF PREZONING, ANNEXATION OF OWNERS'
PROPERTY INTO THE CITY OF PALM DESERT 24
ii
DEVELOPMENT AGREEMENT 181069
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on
199�, between RANCHO MIRAGE INDUSTRIAL PARR, RUYEN
INTERNATIONAL CORP., HENRY MELBY, TRUSTEE OF THE B.H. FORTNER
TESTAMENTARY TRUST, MC -PROPERTIES, A CALIFORNIA PARTNERSHIP;
MACLEOD-COUCH LAND CO., A CALIFORNIA PARTNERSHIP, BERNARD AND
JEANNETT DEBONNE ("Owners"), and the CITY OF PALM DESERT, a
municipal corporation organized and existing under the laws of the
State of California (the "City"). Owner and the City are sometimes
collectively referred to herein as the "parties."
RECITALS
A. These Recitals refer to and utilize certain capitalized
terms which are defined in this Agreement. The parties intend to
refer to those definitions in conjunction with the use thereof in
these Recitals.
B. Government Code Sections 65864-65869.5 ("Development
Agreement Law") authorize the City to enter into binding
development agreements with persons having a legal or equitable
interest in real property for the development of Stich property, all
fo. the purpose of strengthening the public planning process,
encouraging private participation and comprehensive planning and
reducing the economic costs of such development.
C. Pursuant to Government Code Section 65865, the City has
adopted rules and regulations establishing procedures and
requirements for consideration of
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D. Owners are the owners of the real property described on
Exhibits "1", "2", 193" and 0#411, att-ached hereto and incorporated
herein by this reference (the "Property"). The Property is
currently located within the unincorporated area of Riverside
County, within the City sphere of influence. The City has
initiated proceedings for the annexation of the Property into the
corporate boundaries of the City in accordance with the Cortese -
Knox Act (Government Code Section 56000, et seq.), has certified
and approved a negative declaration pursuant to the California
Environmental Quality Act for prezoning, and has approved certain
pre -annexation zoning for the property (C/Z 92-1). Such annexation
proceedings will be completed following approval of this Agreement,
and this Agreement shall not be effective until such time as the
annexation proceedings are completed.
E. Owners' properties are currently zoned as follows under
the County of Riverside Land Use Ordinance and General Plan:
Name Legal Description of Property gmim
Rancho Mirage See Exhibit 1 Attached C-P-S and IP
Industrial Park
R1,yen International See Exhibit 1 Attached C-P-S and IP
Corp.
Henry Melby, Trustee
of the B.H. Fortner
Testamentary Trust
MC Properties/
MacLeod -Couch Land Co.
Bernard and Jeannett
DeBonne
See Exhibit 2 Attached IP
See Exhibit 3 Attached
See Exhibit 4 Attached IP
Prior to approving such zoning, the County performed all required
environmental analysis in accordance with CEQA.
rrirage.&4/ts/12-28-92 2
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F. On July 28, 1992, the County of Riverside approved
Tentative Commercial Parcel Map 24255, subject to conditions, with
respect to certain property owned by Rancho Mirage Industrial Park
and Ruyen International Corp. legally described as:
Assessor's Parcel Nos. 653-250-005, 653-250-
006, 653-250-010, 653-250-014, 653-250-015,
653-250-016, 653-250-017; 653-250-018, and
653-250-019 (hereafter referred to as the
RMIP/Ruyen Property).
Prior to approving P.M. 24255, the County performed all
required environmental analysis in accordance with CEQA.
G. The County of Riverside has previously approved Parcel
Map 27419, subject to conditions, with respect to certain property
owned by Henry Melby, as Trustee of the A.H. Fortner Testamentary
Trust, legally described as:
Assessor's Parcel No. 653-250-011
Prior to approving Parcel Map 27419, the County performed all
required environmental analysis in accordance with CEQA.
H. Owners intend to use their property for industrial,
commercial or for less intensive commercial and/or residential
uses, and seek certainty in the approval of the industrial,
commercial, or residential uses of their property and with respect
to the development of their property.
I. In partial consideration of, and in order to implement
that
certain Settlement Agreement
and
Mutual Release between the
City
and Rancho Mirage Industrial
Park
dated 'December 17, 1992,
the City and Owners have entered into this Agreement relating to
The Property, and proceedings have been taken in accordance with
the development agreement law and the City' s rules and regu l ati ons .
rwirage.da4/ts/12-28-92 3
282069
J. The City Council has found that this Agreement is
consistent with the City's general plan, as amended (the "General
Plan"), and any applicable Specific Plan.
K. On lu-,ember 11 , 1992, the City Council of the City
adopted Ordinance No. &9c/% approving this Agreement with Owners.
L. The "Development Criteria" as defined and specified below
implement the goals and policies of the City's General Plan and
provide balanced and diversified land uses in order to maintain the
overall quality of life and of the environment within the City, and
impose appropriate standards and requirements with respect to land
development and usage of The Property.
M. By adopting this Agreement, the City Council has elected
to exercise certain governmental powers at the present time rather
than deferring such actions until an undetermined future date and
has done so intending to bind the City and the City Council and
intending to limit the City's future exercise of certain
governmental powers, to the extent permitted by law. This
Agreement has undergone extensive review by the City's staff, the
Planning Commission of the City, and the City Council and has been
found to be fair, just and reasonable and in the best interest of
the citizens of the City and the public health, safety and welfare.
IN CONSIDERATION OF THE RECITALS AND THE MUTUAL COVENANTS AND
CONDTTIONS OF THIS AGREEMENT, the parties agree as follows:
rmirage.daVl.-'12-28-92 4
AGREEMENT
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1. DEFINITIONS.
1.1 "Agreement" is this Development Agreement.
1.2 "Agreement Date" is the date this Agreement is executed
by the City.
1.3 "CEQA" is the California Environmental Quality Act,
Public Resources Code Section 21000, et seq.
1.4 "City" is the City of Palm Desert, California.
1.5 "County" is the County of Riverside, California.
1.6 "Development Criteria" are:
(a) As to Assessor's Parcel Nos.: 653-250-005, 653-250-
006, 653-250-010, 653-250-014, 653-250-015, 653-250-016, 653-250-
017, 653-250-018, and 653-250-019 (RMIP/Ruyen Property):
The County of Riverside approved zoning (C-P-S and
I-P) approved by CZ 5017 and permitted by EIR 166 as well as the
cor,diti.ons of approval for Tentative Commercial Parcel Map 24255,
amended no. 2, with respect to Assessor's Parcel Nos. 653-250-005,
653-250-006, 653-250-010, 653-250-014, 653-250-015, 653-250-016,
653-250-017, 653-250-018, and 653-250-019 approved by the County of
Riverside on July 28, 1992;
(b) As to Assessor's Parcel No.: 653-250-011-5 (Property
of the B.H. Fortner Testamentary Trust:
The County of Riverside Conditions of Approval with
respect to Tentative Parcel Map No. 27419 (Fortner Trust) approved
by the County on July 21, 1992;
reirage da4/ts/12-28 92 5
D
181069
(c) The terms and conditions of any additional pre -
annexation agreements entered into by the City and the Owners of
the Properties specified on Exhibits "1", "211, "3" and "4".
(d) Subject to 1.6(a), (b) and (c) above, all of those
ordinances, resolutions, codes, rules, regulations and official
policies of the City governing the development and use of the
Property including, without limitation, the permitted uses of the
Property, the density or intensity of use, the maximum height and
size of proposed buildings, the provisions for reservation of
dedication of land for public purposes, and the design, improvement
and construction standards and 6pecifications otherwise applicable
to the development of the Property, as they may now exist or as
they may be changed from time to time by the City.
1.7 "Effective Date" is that date which is the later to occur
of the followii,g: (a) the expiration date for the filing of a
referendum petition cr,,llenging the ordinance approving* this
Agreement if no such petition is filed by such date, (b) the date
that the results of a referendum ele(:Lion are declared approving
this Agreement, if a referendum petition is filed within the
applicable peri,)d, or (c) the date the Property is annexed into the
City.
1.8 "Owners" are Rancho Mirage Industrial Park, Ruyen
International Corp., Henry Melby, Trustee of the B.H. Fortner
Testamentary Ti:ist, MC-Properties/MacLeod-Couch Land Co. and
Bernard and Jeannett DeBonne and their successors in interest to
all or any part of the Property.
reirag• da4/ts/12-28 92 6
181069
1.9 "Property" is all of the real property and any
improvements thereon described in Exhibits "1", "211, "3" and "4"
•
attached hereto and incorporated herein by this reference.
2. TERM.
2.1 Unless earlier terminated as provided in this Agreement,
this Agreement will commence on the date the Property is annexed
into the City and will continue for a period of ten (10) years
thereafter.
2.2 In accordance with Government Code §65865(b), the
Property shall be annexed into the City within one (1) year after
the date the Agreement is signed unless such time period is
extended by further agreement of the parties. However, City will
exercise its best efforts to complete annexation of the Property,
in accordance with the terms and conditions of this Agreement and
any additional pre -annexation agreements entered into between City
and Owners, within six months from the effective date of this
Agreement.
3. RESTRICTIONS ON DEVELOPMENT AND USE.
The development and use of the Property, including the density
or intensity of use, the maximum height and size of proposed
buildings, building setback requirements, parking requirements and
provisions for reservation or dedication of land for public
purposes, will be governed by the Development Criteria as defined
in Paragraph 1.6(a)(b)(c) and (d) above. The City acknowledges and
agrees that the Development Criteria specifically permit the
development and use of the Rancho Mirage Industrial Park - Ruyen
International Corp. Property as allowed under the County's C-P-S
rwirage.da4/ts/12-28-92 7
lsloss
and I-P zones (County of Riverside EIR No. 166 and CZ 5017). The
City further acknowledges and agrees that the Development Criteria
specifically permit the division of Assessor's Parcel No. 653-250-
006, owned by Rancho Mirage Industrial Park and Ruyen International
Corp., (consisting of one hundred sixty nine point and four tenths
[169.4] acres) into one hundred (100) commercial lots, subject to
the conditions of County's Commercial Parcel Map No. 24255,
amendment no. 2. The City finally acknowledges and agrees that the
Development Criteria specifically permit the division of that
Property owned by Henry Melby as Trustee of the B.H. Fortner
Testamentary Trust legally described on Exhibit 2 as permitted by
Riverside County Parcel Map No. 27419, subject to those conditions
imposed by the County.
Excepi with regard to those aspects of the development of the
Property which are address-�1 in finis Agreement, the parties
acknc;wledge and agree that other aspects of the development of the
Property, such as signage, architectural review and art in public
placer, may require the exercise of discretion by the City and
that those aspects of the development of Property will be
subject to the City's reasonable review and approval as set forth
in the City's ordinances, resolutions, rules and regulations, as
they exist at the time of approval. However, zoning and land use
designations are fixed by this Agreement, as are tract maps and use
permits specifically named and menti caned in this Agreement and such
aspects of development are hereby fixed and are not subject to
ordinances, resolutions, rules, regulations and policies in effect
at the time of development.
rnirage.dW is/12 28-92 8
4 . DEVELOPMENT AND USE,
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4.1 Rancho Mirage Industrial Park, Ruyen International Corp.,
Henry Melby, Trustee of the B.H. Fortner Testamentary Trust, MC-
Properties/MacLeod-Couch Land Co. and Bernard and Jeannett DeBonne
will have the vested right to develop their Property to the extent
covered by and in accordance with the Development Criteria and this
Agreement.
4.2 Traffic lights are proposed to be installed by certain
Owners at the intersection of Monterey Avenue and the roadway which
the Owners MC-Properties/MacLeod-Couch Land Co. propose to use as
the principal access into their Property. Such access roadway is
currently designed to proceed in an East/West direction, to
approximately the Easterly boundary line of the MC-
Properties/MacLeod-Couch property and to thereafter proceed
Northeasterly to intersect Dinah Shore Drive at right angles. The
area where such Northeasterly turn in the roadway is proposed is
owned by Monterey Palms, a California Limited Partnership
("Monterey Palms"). To the extent that such principal access
roadway crosses or must be constructed on property owned by
Monterey Palms, City shall cooperate with MC-Properties/MacLeod-
Couch Land Co. to acquire the necessary right-of-way through the
exercise of City's powers of eminent domain if MC -Properties and/or
MacLt:od-Couch are, after reasonable efforts, unable to purchase the
right-of-way necessary for the construction and maintenance of the
roadway. City shall be reimbursed for the costs of any such
eminent domain proceedings by MC-Properties/MacLeod-Couch. The
City agrees to cooperate in good faith to obtain the placement of
mirage.& 4/ts/1. 28 92 9
181069
traffic lights and the installation of a left turn lane or lanes at
such intersection with Monterey. If the City requests the
installation of the traffic signal prior to the time the MC-
Properties/MacLeod-Couch property, or some portion thereof, is
developed, the City shall be responsible for the cost to install
the traffic lights and left turn lane or lanes. Otherwise, MC-
Properties/MacLeod-Couch shall be responsible for such costs and
agree to }participate in an assessment district for such
improvements if the City elects to form one.
4.3 Dinah Shore Drive is proposed to be extended to the
Northerly projection of Portola Drive, as required by the
provisions of Parcel Map No. 24255. This means that a portion of
such extended Dinah Shore Drive must cross over and/or be
constructed on property owned by Monterey Palms. Additionally,
certain cul-de-sacs must be extended into or constructed upon
property owned by Monterey Palms in connection with the development
of Parcel Map Nos. 24255 and 27419. The City agrees that the MC-
Properties/MacLeod-Couch principal access roadway may be designed
so that it intersects with Dinah Shore Drive at the conjunction of
said road with such extended Dinah Shore Drive. The City shall not
be responsible for the cost to extend Dinah Shore Drive. To the
extent that the extension of Dinah Shore Drive is situated or must
be constructed upon property owned by Monterey Palms, and/or to the
extent that any cul-de-sac must be ,onstructed or is situated upon
property owned by Monterey Palms as required by Parcel Map 24255,
if Rancho Mirage Industrial Park and/or Ruyen are reasonably unable
to purchase such right-of-way from Monterey Palms, City shall
rmirage.dW is/12 28-92 10
181069
cooperate with Rancho Mirage Industrial Park and/or Ruyen by
acquiring such right-of-way under the power of eminent domain. The
costs of any such eminent domain action and any award made to
Monterey Palms in such action shall be paid by Rancho Mirage
Industriiil Park and/or Ruyen.
4.3.1 To the extent that the conditions of Parcel Map
27419 require that any streets or cul-de-sacs be constructed and/or
maintained by Henry Melby, Trustee of the B. H. Fortner
Testamentary Trust, upon property owned by Monterey Palms, if the
said Henry Melby is reasonably unable to purchase such right-of-way
from Monterey Palms, City shall cooperate with Henry Melby by
acquiring such right-of-way under the power of eminent domain. The
costs of any such eminent domain action and any award made to
Monterey Palms in such action shall be paid by Henry Melby.
4.4 Portola Avenue shall be constructed and extended at the
expense of the City or other third parties other than Owners, from
its present terminus to the Easterly terminus of Dinah Shore Drive
as reflected by the Conditions of Approval to the aforesaid Parcel
Map No. 24255. Said terminus is located at the Easterly boundary
of the Monterey Palms property Northerly of its South boundary.
This construction and extension shall occur on or before the
development of the property adjacent to the extended portion of
Portola Avenue but in all events it shall be completed no later
than the date on which Dinah Shore Drive is constructed and
completed by Rancho Mirage In.iust c iul Park and Ruyen as required by
the conditions of approval for Parcel Kip 24255. It is agreed that
the City may use any means in its discretion to fund the cost of
mirage .1a4/ts/12 28 92 11
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the extension of Portola Avenue as called for in this paragraph so
long as Owners are not required to fund this improvement either
directly or indirectly through fees, assessments or any other
means.
For purposes of this Paragraph 4.4, "Construction of and
extension of rurtola Avenue" may be accomplished by the City by the
construction of the east one-half street section of extended
Portola Avenue, which proposed one-half street extension is located
on property currently owj�,d by the Palm Desert Redevelopment
Agency. This construction and extension is found and is deemed by
the City as "an acceptable service level" with respect to the
extended Portola Avenue as called for under the terms of that
certain settlement agreement between Rancho Mirage Industrial Park
and the City of Rancho Mirage with respect to a settlement of that
action entitled Rancho Mirage Industrial Park, et al. v. City of
Rancho Mirage, Case No. Indio 65168, filed in the Superior Court,
County of Riverside, or as may be required under the Conditions of
Approval relative to Parcel Map Nos. 24255 and/or 27419. The City
shall indemnify and save R int-ho Mirage Industrial Park and/or Ruyen
free and harmless from any suit brought wh.i ;i challenges this
finding. The City shall require that the west one-half of the
Portola Avenue extension be completed upon development of the
property west of and adjacent to such extension, pursuant to the
terms of this paragraph. As none of Owners' properties are
adjacent to the proposed extension of Portola Avenue, Owners in no
event shall be required to pay for or otherwise share, either
rsirage.dl )/ts/12-28-92 12
181069
directly or indirectly, in the cost of the construction and
extension of Portola Avenue.
4.5 To the extent not already accomplished, City shall
prezone the Rancho Mirage Industrial Park - Ruyen International
Corp. Property so that zoning proposed by the City shall conform
essentially with the zoning which has been established by the
County pursuant to Riverside County Change of Zone 5017.
4.6 Tht. General Plan of the City, as adopted by the City at
the time of annexation, shall be consistent with all zoning
permitted by the County's Change of Zone 5017 (C/Z 5017), this
Development Agreement and any other pre -annexation agreement
entered into between the City, MC-Properties/MacLeod-Couch Land Co.
and Bernard and Jeannett DeBonne.
4.7 Prior to annexation, Owners properties shall be pre -
zoned in accordance with this Agreement and shall be thus zoned
upon annexation to City.
City and Owners Henry Melby, Trustee of the B.H. •Fortner
Testamentary Trust, MC-Properties/MacLeod-Couch Land Co. and
Bernard and Jeannett DeBonne all agree that City and such Owners
may determine to enter into additional future pre -annexation
agreements. City agrees to negotiate with such Owners, in good
faith, with respect to such future pre -annexation agreements.
Those agreements, if entered into, shall contain a term of ten (10)
years from the date the Property is annexed into the City, unless
earlier terminated as provided in those agreements.
4.8 In connk,ction with County's Parcel Map No. 24255 and
County's Parcel Map No. 27419, upon annexation to the City, the
ru rage.da4/ts/12-28 92 13
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City shall approve new parcel maps within ninety (90) days of
completion of annexation proceedings, upon the same terms and
conditions as these maps approved by the County. Fees, costs and
all other charges of any kind or nature whatsoever relative to such
new parcel maps shall be waived by the City. It is understood by
the parties that the purpose of this paragraph is to give the
developers of Parcel Map Nos. 24255 and 27419 a full two-year
initial period of time to develop their properties following
completion of the annexation proceedings. In addition, City agrees
that after expiration of the initial two (2) year period of time
after annexation Owners may apply to extend Parcel Maps Nos. 24255
and 27419 for an additional eight (8) years in accordance with
Government Code Section 66452.6(a). Fees, costs and all other
charges of any kind or nature whatsoever relative to such
extensions or applications therefore shall be waived by City.
4.9 Because of current property boundaries, Parcel Maps Nos.
24255 and 27419 create four odd -shaped or odd -sized lots, two
located within the boundaries of each parcel map. Owners Rancho
Mirage Industrial Park, Ruyen, and Henry Melby, Trustee of the B.
H. Fortner Testamentary Trust, desire to trade land so that each
will have two standard sive and shape lots within the boundaries of
their respective parcel maps. Therefore, City agrees to process
and approve lot line adjustments for those four lots within six
months after completion of annexation of the properties to the City
and agrees to waive all fees, charges and costs which otherwise
would be charged to Owners for these lot line adjustments. Owners
Rancho Mirage Industrial Park, Ruyen and Henry Melby, Trustee of
rmirage.&4/ts/12-28 92 14
181069
the B. H. Fortner Testamentary Trust will file applications for
these lot line adjustments within 45 days after completion of
annexation.
5. COMPLIANCE.
The City will periodically review this Agreement as provided
in Section 65865.1 of the Government Code and the City Municipal
Code, to ascertain Owners, good faith ct)mpliance with the
provisions of this Agreement. Owners will be given notice of such
periodic reviews, which shall occur no more frequently than once
every two years, and shall be given the opportunity to participate
in these reviews and to request a hearing before the City Council
on any recommendations or conclusions made by City staff at the
conclusion of such reviews.
6. DEFAULT BY OWNERS.
If the City does not rind g,,)od faith com}liance with the
provisions of this Agreement by Owners, then the City will have all
of the remedies which are provided in the City Municipal Code and
will comply with all of the procedures which are provided in
Section 65865.1 of the Government Code and the City Municipal Code.
In the event of default by an Owner or Owners, City may enforce
this Agreement only as against the defaulting Owner or Owners and
has no rights or remedies as against those owners not in default.
7. TIMING OF DEVELOPMENT.
The parties acknowledge that Owners cannot at this time
predict when or the rate at which phases of the Property will be
developed. Such decisions depend upon numerous factors which are
not within the control of Owners, such as market orientation and
rriraUe.da4/ts/12-28-92 15
181069
demand, interest rates, absorption, completion and other similar
factors. Since the California Supreme Court held in Pardee
Construction Co. v. _City of Camarillo (1984 ) 37 Cal . 3d 465 that the
failure of the parties therein to provide for the timing of
development resulted in a later adopted initiative restricting the
timing of development to prevail over such parties' agreement, it
is the parties' intent to cure that deficiency by acknowledging and
providing that Owners shall have the right to develop the Property
in such order and at such rate and at such times as Owners deem
appropriate within the exercise of their subjective business
j udgmE-.., t .
B. DEFAULT BY THE CITY.
If the City fails to perform any of its obligations as
provided in this Agreement and fails to cure its nonperformance
within 30 days after n�itice of nonperformance is given by owners,
then the City will be in default and Owners will have all of the
remedies which are available to them, individually or collectively,
at law or in equity; provided, however, that if the City's failure
to perfori<< cannot reasonably be cured within such 30 day period,
then the City will not be in default of this Agreement if it
commences to cure its nonperformance within such 30 day period and
thereafter diligently and in good faith prosecutes such cure to
completion. Without limiting the effect of the foregoing, the
parties acknowledge and agree that the sub;ect patter of this
Agreement is unique and that money damages may be inadequate to
compensate Owners and therefore, at the election of Owners, this
Agreement may be specifically enforced.
rmirage.da4/ts/12-28-92 16
181®69
This agreement is severable and is enforceable by the Owners
individually only as to that Owner's property which is subject to
this agreement.
9. INDEMNIFICATION.
(a) Owners will defend, indemnify and hold the City and
its elected officials, officers and employees free and harmless
from any loss, cost or liability (including, without limitation,
liability arising from injury or damage to persons or property,
including wrongful death and worker's compensation claims) which
results from (i) any failure on the part of Owners to take any
action which they are required to take as provided in this
Agreement; (ii) any action taken by Owners which they are
prohibited from taking as provided in this Agreement and (iii) any
claim which results from any willful or negligent act or omission
of Owners.
(b) The City will defend, indemnify and hold Owners and
their trustees, beneficiaries, shareholders, directors, officers
and employees free and harmless from any and all loss, cost or
liability (including, without limitation, liability arising from
injury or damage to persons or property, including wrongful death
and worker's compensation claims) which results from (i) any
failure on the part of the City to take any action which it is
required to take as provided in this Agreement, (ii) any action
taken by the City which it is prohibited from taking as provided in
this Agreement and (iii) any claim which results from any willful
or negligent act or omission of the City.
rairage.da4/ts/12-28-92 17
181069
(c) Included in the scope of the foregoing
indemnifications will be all damages and claims for damages which
are suffered or alleged to have been suffered by reason of the
matters which are the subject of the applicable indemnification and
all of the associated legal fees and court costs. Without limiting
the effect of the foregoing, the ind,.:nnifying party will have the
right to defend against any claim with respect to which it i.s
indemnifying the other party, using legal counsel of its choice.
10. SUPERSEDING STATE OR FEDERAI, LAW.
If any state or federal law or regulation which is enacted or
adopted after the Effective Date of this Agreement or any other
action of any governmental entity which is not under the City's
control, prevents or precludes compliance with any provision of
this Agreement, then such provision of this Agreement will be
modified or suspended only to the extent and for the time it is
nece.,sary to achieve compliance with such law, regulat.i.)n or *other
governmental action and the remaining provisions of this Agreement
will continue in full force and effect and the parties will
negotiate in good faith for such amendments to this Agreement as
may be necessary to achieve its intent, notwithstanding the
existence of such. state or federal Law or regulation or other
governmental action. On the repeal of auy such law, regulation or
other governmental action or on the occurrence of any other
circumstance which removes the effect of the same on this
Agreement, the provisions of this Agreement will be automatically
restored to their full original effect and any amendment to this
reirage.da4/ta/12-28-92 18
181069
Agreement which the parties have entered into as a result of any
such law, regulation or other governmental action, will terminate.
11. SUCCESSORS AND ASSIGNS.
All of the provisions of this Agreement will inure to the
benefit of and will bind the parties and their respective
successors and assigns and all other persons or entities which
acquire all or any part of the Property. Without limiting the
effect of the foregoing, Owners will have the right to assign any
of their rights or delegate any of their obligations as provided in
this Agreement to or for the benefit of any person or entity which
owns or leases any part of the Property.
12. EOL)ITABLE SERVITUDES OF ASSIGNMENT.
All of the provisions of this Agreement shall be enforceable
as equitable servitudes and shall constitute covenants running with
the land as provided in the applicable law. The rights and
obligations of Owners under this Agreement may be transferred or
assigned, provided such transfer or assignment is made in
connection with the transfer, assignment, sale or lease of all or
a portion of the Property. During the terms of this Agreement, any
such assignee or transferee shall observe and perform all of the
duties and obligations of the particular Owner making such
assignment contained in this Agreement as such duties and
obligations pertain to the portion of the Property so transferred
or assigned. Owners shall give to the City a notice within thirty
(30) days after any such sale, assignment or transfer.
reirage.d24/ts/12-28-92 19
13. NEGATION OF AGENCY, JOINT VENTURE OR PARTNERSHIP. 381069
Th(: parties acknowledge that in entering into this Agreement,
they are acting as independent entities and not as agents of the
other in any respect. The parties hereby renounce the existence of
any form of joint venture or partnership among or between them and
agree that nothing in this Agreement will be construed as making
them joint venturers or partners.
14. NOTICES AND OTHER COMMUNICATIONS.
All notices or other communications which are required or
permitted to be given to the parties will be in writing and will be
given either by personal service or by mailing the same by
certified or registered mail, postage prepaid, return receipt
requested, or overnight mail delivery service, addressed as
follows:
PITY
CITY Or PALM DESERT
73-510 Fred Waring
Palm Desert, CA 922GO
Attn: Carlos Ortega
Owners
Rancho Mirage Industrial Park
Ruyon International Corp.
323 W. Court St., #403
San Bernardino, CA 92401
Attn: H. M. Peccorini
COPY
Best, Best & Krieger
39700 Bob Hope Drive, #312
Rancho Mirage, CA 92270
Attn: Douglas S. Phillips
COPY
Cynthia Ludvigsen
P. 0. Box 409
San Bernardino, CA 92402
Henry Melby, Trustee of the Steve Fortner
B. H. Fortner Testamentary Trust 1033 Cornell Dr.
121 W. Lexington Burbank, CA 91504
Glendale, CA 91209-3310
MC Properties/
MacLeod -Couch Land Co.
777 So. Pacific Coast Highway
Suite 204
Solano Beach, CA 92075
James M. Schlecht
Schlecht, Shevlin &
Shoenberger, a Law Corp.
Box 1906
Palm Springs, CA 92263
�tiirage.daVtshe-28-82 20
t
181069
Mr. & Mrs. Bernard DeBonne Dick Smith
P. O. Box 1935 Smith, Peroni & Fox
Palm '-esert, CA 92261 960 Tahquitz Canyon Way
Suite 103
Palm Springs, CA 92262
If any such notice or other communication is given by personal
delivery, then it will be deemed given as of the date of delivery.
If any such notice or other communication is given by mail, then it
will be deemed given as of the date of rt::.ieipt, rejection or return
undelivered. Addressees to which notices or other communications
may be delivered, may be changed from time to time by a notice
which is given as provided in this paragraph 13.
15. ESTOPPEL CERTIFICATES.
At the request of either party, the other party will, within
10 days, certify in writing that, to the best of its knowledge, (a)
this Agreement is in full force and effect and is a binding
obligation of the certifying party, (b) this Agreement has not been
amended or modified, except as is expressly provided in' such
estoppel certificate and (c) no default in the performance of the
requesting party's obligations as provided in this Agreement
exists, except as is expressly provided in such estoppel
certificate.
16. APPLICABLE LAW.
This Agreement will be construed and enforced as provided in
California law.
17. VENUE.
Any legal action with respect to this Agreement will be
brought in either Riverside Superior Court or in the United States
District Court for the Central District of California.
rrirage.&4/ts/12 28-92 21
181069
18. ATTORNEYS' FEES.
If legal action is taken to enforce or interpret any provision
of this Agreement, then the prevailing party in such action will be
entitled to recover from the losing party all attorneys' fees,
court costs and necessary disbursements in connection with such
action.
19. PARAGRAPH HEADINGS.
The paragraph headings of this Agreement are for convenience
only and are not a part of and are not intended to govern, limit or
aid in the interpretation of any provision of this Agreement.
20. CONSTRUCTION.
In all cases, the language in this Agreement will be construed
simply, according to its fair meaning and not strictly for or
against either party, it being agreed that the parties or their
agents have participated in the preparation of this Agreement.
21. SURVIVAL.
Each and every covenant in this Agreement will survive the
execution and delivery of this Agreement for the benefit of the
parties and their successors and assigns.
22. CAI.FNDAR PERIODS.
All references in this Agreement to "years", "quarters",
"months" and "days" will be deemed to be to references to calendar
years, quarters, months and days.
23. SEVERABTLITY.
Every provision of this Agreement is and will be construed to
be a separate and independent covenant. If any provision of this
Agreement or the application of the same is, to any extent, found
rnirage.da4/ts/12 2N-92 22
181069
to be invalid or unenforceable, then the remainder of this
Agreement or the application of such provision to circumstances
other than those to which it is invalid or unenforceable, will not
be affected by the same and each provision of this Agreement will
be valid and will be enforced to the extent permitted by the law
and the parties will negotiate in good faith for such amendments to
this Agreement as may be necessary to achieve its intent,
notwithstanding such invalidity or unenf+)rceability.
24. FURTHER ASSURANCES.
Whenever and aq often as it is requested to do so by the other
party, each party will execute, acknowledge and deliver or cause to
be executed, acknowledged or delivered, any and all such further
documents as may be necessary, expedient or proper in order to
achieve the intent of this Agreement.
25. COVENANT OF GOOD FAITH.
In exercising the i r rights and in performing their obligations
as provided in this Agreement, the parties will cooperate with one
another in good faith, so the intent of this Agreement can be
attained.
26. COUNTERPARTS.
This Agreement m,-,y be executed in counterparts, each of which
will be deemed to be an origi it for all purposes and all such
counterparts will constitute one and the same agreement.
27. INCORPORATION OF Pl:CITALS.
The "Recitals" in this Agreement are material and are
incorporated by reference as though fully set forth hereof. Each
recital of fact concerning the parties will be conclusive between
rmirage.da4/ts/12-28 92 23
181069
them and such facts will be incontestable in the event of any
dispute between them with respect to such facts. Neither party
will introduce any evidence in a court or administrative proceeding
which would in any way serve to dispute any such recited fact.
28. EXHIBITS.
Any Exhibits to this Agreement are incorporated by reference
as though fully set forth herein.
29. AMENDMENT.
No amendment or waiver of any term of this Agreement will be
binding on the City unless and until it has been approved and has
become effective as provided in Section 65868 of the Government
Code and pursuant to the City Municipal Code and Regulation, or on
Owners, unless and until it has been executed by Owners.
30. RECORDATION.
No later than 10 days after the Effective Date of this
Agreement, the City will, at its cost, record this Agreement in the
Official Records of the Riverside County Recorder, as provided in
Section 65868.5 of the Government Code and as provided by the City
Municipal Code.
31. AGREEMENT BY OWNERS RE NEGATIVE DECLARATION, NORTH SPHERE OF
PREZONING. ANNEXATION OF OWNERS' PROPERTY INTO THE CITY OF PALM
DESERT.
Neither Petitioner nor Owners nor their agents, consultants,
servants, attorneys or representatives shall in any way object to
or take any actions whatsoever in opposition to or challenge the
Negative Declaration for City's Case No. C/Z 92-1, the North Sphere
Pre -zoning or the annexation of Petitioner's property or Owners'
roirage. da4Its/12-28-92 24
181069
Property into the City of Palm Desert. Further, Petitioner and/or
Owners at the request of City, shall take all reasonable steps to
support the City's proposed annexation before any public body,
including, but not limited to, the Local Agency Formation
Commission.
CITY
CITYY .r PALM DESRT,, /
By:
f
�-�
By: CITY;
B Y :
SHEILA GI IGAN, ty Clerk
City of alm Des rt
APPR. = D SUBSTANCE:
By:�
Douglas . Phillips
Deputy City Attorney
OWNERS:
RUYEN INTERNTI+
a
RANCHO
MIRAG
,CORP
I DUSTR L PARK,
Delawar C o
j
a Californi
By
i it�d p rtnership,
SUSCO, if 'rni
j
By_-
jam,
Corpor t ' , j n al Partner
/H;-,J . P�rccorini,
Secretary
Assistan
By:
H. LNi. `Pec o ini, President
By
BRION CORPORATION, a California
on, General Partner
Crr'�
By:
_
Shin Hsu, President
(Signature Page
Continues)
-
25
181069
HENRY MELBY, TRUSTEE OF THE
B . H . FORTNER TESTAMENTARY TRUST
By.
MC -Properties, a California
Partnership
By
MacLeod -Couch Land Co., a
ANNETT DEBONNE
AVPROVE'D AS TO FORM AND SUBSTANCE:
0, , &a_,S�ACSL�
Cynt is Ludvigsen
Att ley for Owners, Rancho
Mirage Industrial Park and
Ruyen International, Inc.
i i3
F4fS M . lSCHL CHT
Attorney for Owners, MC -Properties
and Macleod -Couch Land Co.
rmirage.da•1/ts/12-28-92 26
• ALL-PURPOSE CERTIFICATE
State of California } 181069
C. I. County of Riverside }
On before me, M-9- .- ra` ¢a Notary Public in and for saidState, personally
appeared 7�5e-oY1 01-i 1 16�Y1 lti
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) -whose name(E}is/aresubscribed
a to the within instrument and acknowledged to me that4ie/she/they-executed the same in lamer/dwir-authorized capacity(ies), and
that by hisAcr/their signature(s}on the instrument the person(4 or the entity upon behalf of which the persons}acted, executed
the instrument.
0 1• WITNESS my hand and official seal. OFFCM sfiu
MC ELLE E. SKKAmSTAD
s NalaY Pubtic cAlorrir
t ' PRRiCIPAL OPFICE Rr
RIVERSIDE COI14, 1
y` Signature r m C mmission Ex it Nov t4, t495 (Seal))
b ALL-PURPOSE CERTIFICATE
State of California )
County of Riverside }
odd , before me, al I lUY 1E-11f C NotaryPublic in and for said State, personally
appeared _ VAQ 1 lCl i I I \'O,C'. V
•personally known tome {or proved to me on the basis of satisfactory evidence) to be the person name(s)-is/armsubscribed
to the within instrument and acknowledged to me that he f she/they executed the same in authorized capacity(ies), and
that by-his/her/their signature(4on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
OFFICIAL SM '
WITNESS my hand and official seal.
Notar
{ —
tUE� 1�k
YRCOUNTY
ynmi.395
sinn Ex.MSignatur�)T&4 Cf �6CU1YC—t2
(Seal))
0
STATE OF CALIFPRNIA Iss.
COUNTY OF } 181069
oO q before me,
U /
personally appeared
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
a
a` instrument and acknowledged to me that he/sheA4wexecuted the same in his/heFAMirauthorized capacity(ies),
and that by his/herAtheirsignature(s) on the instrument the person(s) or the entity upon behalf of which the
m
U)
person(s) acted, executed the instrument.
WITNESS my hand and official seal. CAROL K. DfNNEY l
f - COMM. .+
Signature (A COMM- PUBLIC 9 CALIFORNIA6m
r SAN BERNARDINO COUNTY = I ��j/� �� -my Ex ores March
is r Ikiy"gt I. 1996 1
�14 S
State of California 03.15 County of Los Angeles 18101169
On February 10,1993, before me, RANDALL MELBY, personally appeared HENRY MELBY, personally
known to me, or (proved to me on the basis of satisfactory evidence) to be the person whose name
Is subscribed to the within instrument, and acknowledged to me that he executed the same In his
authorized capecity(ies), and that by his signature on the Instrument the person(s), or the entity upon
behalf of which th n(s) acted, executed the Instrument.
WITNES and and official seal.
Notary's Signature
t �
.....»........»»......»....N...»»._
OFFiCIA
. L SEAL;
s; WARY PCBIIG • GIlIrORNiA =
T
fital
S ANGELESOCOUNTY
C0.�miss�o�
... V Co Ptes March 31.1995.'
Dec/• cu �r 181069
CERTIFICATE OF ACKNOWLEDGMENT
go
j1 �993 !%RaN, MyroaV
State of California
On I / AAM before me, 50R)O Q[:
SS.
(date) (name and If[ It of officer)
County of SFMnI 171t�
�upytlC,
•
ersonally appeared
'
WYAM M.6. Oman
pulebi rdEX
personally known to me )
to be the person(t) whose named is/am subscribed tothe within instrument :
and acknowledged to me that he/shFgpp executed the same in his/hem*rir
APHIRE MANN •
0Comm,
authorized capacity(i=� and that by his/t signatures) on the instru-
095e040 ���}}
WST
•ARY PUBLIC - CALIFORNI/�
ment the person(, or the entity upon behalf of which the person(a) acted, :
BAN DIEGO COUNTY ttJJJJJ
executed the instrument. •
anmE.ptrgaAlv.S 1g9!]+
J
WITNESS my hand and official seal.
'
Notary's �Signature
.............................. ............... ........ ............ ............ •.•..•...... 0.1..9.... to. .......... •••.... •••.:
e `' • STATE OF CALIFfj��RNIA �J )SS. 191069
COUNTY OF fld�r. ,ir7Yl �i1a.2�4 �C�LG� _ )
O 4f before me
personally appeared
w
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/a w-subscribed to the within
:y
instrument and acknowledged to me that he/egeM:ielrexecuted the same in his/herf0*0 authorized capacity(ies)•
and that by hisArer/lheir signatures) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
i �. CAROL K. DENNEY
WITNES4�A
d and official seal. :- COMM. # 959961 rn
y NOTARY PUBLIC - CALIFORNIA tr
Signatur l�L2ti SAN BERNARDINO COUNTY
` 'Tti p��/yam �Y �mmisslon Expires March it 1996
mil/ � is r ecir
GERTIFffATE OF ACKNOW GMENT r 181069
•r
................................................................•0............................State of California On r�Aetf rIQbefore me. - 6APu�l U M%A,Aj97-#4KQ
(dale) (name and title of officer)
SS.
County of �IEEao
Qu t�
personally appeared ;
r
1'fIYRoN�1lfAnt�oa.(7E 2ks.� Q�(NCLM0D"C.4I,Also�o.
personally known to me acYory evt e )
to be the person(4whose name(o istaee subscribed to the within instrument
I;
and acknowledged to me that he/se}a executed the same in his/hedthrir :
r SAPHIRE MANN ;
authorized capacity(las), and that by his/hea signature(*) on the instru-
0 t =m..0 590400 n
CAUFO
"i)
ment the person(, or the entity upon behalf of which the person(IL acted,
"NDIEGOCOUNTY
executed the instrument. ;
urcamlREllplr,,Atar.e,ls2s�
WITNESS my hand and official seal. :
Notary's Signature y
Stateof CaT fornia
Riverside
County of
3/19/93 before me, Martha A. Hesse, Notary
101 (DATE) (NAME. TITLE OF OFFICER - I E . '.IANE DOE. NOTARY Puauc-iPU b 1.
personally appeared Bernard Debonne
(NAME(S) OF SIGNER(S)l
CTpersonally known to me - OR -
iWP.'.y
F.ViRT! 4 A. HISSE
r:OT. Ke PUBLIC - CALIFORNIA
fdVERS1DE COUNTY
Cemm. Expires April 23,195
❑ proved to me on the basis of satisfactory evidence
to be the person• whose name0q is/4 sub-
scribed to the within instrument and acknowledged
to me that he/may executed the same in
Lhis/herghVw-signature;K
� authorized capacity(resj, and that by
on the instrument the
onor the entity upon behalf of which the
on acted, executed the instrument.
ess my hand and official seal. i
RIGHT THUMBPRINT tOP ZONAL)
W
181069
2E
CL
s=
0
C
CAPACITY CLAIMED BY SIGNER(S)
ff INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
❑ PARTNER(S) (TITLE($)I
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER 1S REPRESENTING:
(NAME OF PERSONISI OR ENTITY(IESI)
(SEAL) (SIGNATURE OF NOTARY) I
ATTENTION NOTARY: The information requested below is OPTIONAL. 11 could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Title or Type of Document Dev. . Agreement
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signers) Other Than Named Above
WOLCOTTS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACfr1YREPRESENTATIONIFINGERPRWT—Rev 12.92 C-1992 WOLCOTTS FORMS. INC.
i
I
State of ral i f orn i s
tounty of lR-;xo r s ; d A
On 3/31/93 before me,Martha A. Hesse, Notary Public
(DATE) (NAME. TITLE OF OFFICER • I E , JANE DOE. NOTARY PUBLC')
personally appeared Jeannette Debonne
(NAME(S) OF SIGNER(S))
RIGHT THUMBPRINT (OPTIONAL)
cc
1810 69
0
0
APACITY CLAIMED BY SIGNER(S)
INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
D PARTNER(S) (nnE(s)K
personally known to me - OR - O proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT
to be the personM whose nameo&is/AM sub- ❑ TRUSTEE(S)
scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR
to me that /she/fb4 executed the same in ❑ OTHER:
OFFICIAL SEAL der/tom authorized capacity(WQ, and that by
•� r D,���T)IAA. HESSE bWherltjw6 signature(s) on the instrument the
persons, or the entity upon behalf of which the SIGNER IS REPRESENTING:
NOTP.Rv PUBLIC -CALIFORNIA
RIVERSIDE COUNTY personJo acted, executed the instrument. (:VANE OF PERSON(S) OR ENTITY(IEs))
NIy Comm. Expires Apnl 23.199 Witness my hand and official seal.
(SEAL) (SIGNATURE OF NOTARY)
ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Development Agreement City of P.D
MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above c
I/
FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYtREPRESENTATION/FINGERPRINT—Rev 12-92
0
W992 WOLCOTTS FORMS. INC.
181069
EXHIBIT "A"
Legal Description
The Southwest quarter of the Northwest quarter of Section 29, Tbwnship 4 South,
Range 6 East, San Bernardino Base and Meridian, according to the Official Plat
thereof.
EXCEPIM4G therefran the Northerly 100 feet of the Easterly 200 feet thereof.
ALSO EXCEFrING therefrom the Westerly 55 feet as conveyed to the County of
Riverside, by deed recorded August 21, 1985 as Instrument No. 187127, of Official
Records.
PARCH 2:
rMe Southerly 100 feet of the Westerly 200 feet of the Northwest quarter of the
Northwest quarter of Section 29, Township 4 South, Range 6 West, San Bernardino
Base and Meridian, according to the Official Plat thereof.
EXC EPI"11JG therefrom a 1/3 interest in the well located thereon.
ALSO EXC EPriNG therefrom the Westerly 55 feet: as conveyed to the County of
Riverside by deed recorded August 21, 1985 as Instnment No. 187127.
ALSO EXCEPTING therefrom that portion lying within that portion of the Northwest
quarter of Section 29, Township 4 south, Range 6 East, San Bernardino Base and
Meridian, more particularly described as follows:
CCt1iDX'ING at the Northwest corner of said Section 29, thence South 00' O1' 01"
East, 55.00 feet along the West line of said Section 29; thence North 89. 58' 50;
East, 90.00 feet to the true point of beginning; thence continuing North 89' 58'
50" East, 218.06 feet to the beginning of a tangent curve, concave Southerly,
having a radius of 1945.00 feet, a line radial to said point bears South 00' O1'
loll East; thence Southeasterly along said curve through a central angle of 38'
45' 52" an arc distance of 1315.92 feet; thence South 05, 15' 22" East, 33.09
feet; thence South 40. 44' 34" West, 10.65 feet to the beginning of a tangent
curve, concave Easterly, having a radius of 1044.00 feet, a line radial to said
point bears South 49' 15' 26" East; thence Southwesterly along said curve through
a central angle of 40' 49' 55" an arc distance of 744.01 feet; thence south 00,
05' 21" East, 58.58 feet; thence South 44' 56' 24" West, 32.54 feet; thence South
89' 58' 10" West, 1155.81 feet; thence North 45' 01' 26" West, 32.53 feet; thence
North 00' 01' 01" West, 1188.20 feet; thence North 44' 58' 55" East 32.53 feet to
the true point of beginning.
Page 1 of 4
Of
181069
PARCEL 3:
7 he Northwest quarter of the Northwest quarter of Section 29, Township 4 South,
Range 6 East, San Bernardino Base and Meridian, according to Official Plat
thereof.
EXCEPTM4G the Southerly 100 feet of the Westerly 200 feet th�f;
ALSO EXCEFI* NG the North half of the Northwest quarter of the Northwest quarter
Of Section 29.
ALSO EXCEPTING therefrom the Westerly 55 feet as conveyed to the County of
Riverside by deed recorded August 21, 1985 as Instnamnt No. 187126.
ALSO EXC EPrING therefrom that portion lying within that portion of the Northwest
quarter of Section 29, Township 4 South, Range 6 East, San Bernardino B3Se and
Meridian, more particularly described as follows:
O(aN4ENCING at the Northwest corner of said Section 29, thence South 00' 01, 01"
East, 55.00 feet along the West line of said Section 29; thence North 89' 58' 50"
East, 90.00 feet to the true point of beginning; thence continuing North 89. 58'
50" East, 218.06 feet to the beginning of a tangent curve, concave Southerly,
having a radius of 1945.00 feet, a line radial to said point bears South 00. 01'
10" East; thence Southeasterly along said curve
through
45' 52" an arc distance of 1315.92 feet; a central angle o3 38
� „ thence South 05' 15' 22" East, 3.09
feet; thence South 40 44 34 West, 10.65 feet to the beginning of a tangent
curve, concave Easterly, having a radius of 1044.00 feet, a line radial to said
Point bears South 49. 15' 26" East; thence Southwesterly along said curve thrz
a central angle of 40' 49' 55" an arc distance of 744.01 feet; thence South 00'
05' 21" East, 58.58 feet; thence South 44' 56' 24" West, 32.54 feet; thence South
89' 58' 10" West, 1155.81 feet; thence North 45' 01' 26" West, 32.53 feet; thence
North 00' 01' 01" West, 1188.20 feet; thence North 44' 58' 5511, East, 32.53 feet
to the true point of beginning,
The North half of the Northwest quarter of the Northwest
Township 4 South, Range 6 East q of Section 29,
San Bernardino Base and Meridian. According to
the Official Plat thereof,
EXCEPTING therefrom the Westerly 55 feet as conveyed to the County of Riverside
by did recorded August 21, 1985 as Instrument No. 187125.
ALSO EXCEPTING therefrom that portion lying within that portion of the Northwest
quarter of Section 29, Township 4 South, Range 6 East, San Bernardino Base and
Meridian, more particularly described as follows:
Page 2 of 4
181069
C1'ri4MC W. at the Northwest corner of said Section 29, thence South 00' 01, 01"
East, 55.00 feet along the West line of said Section 29; thence North 89' Me 50"
East, 90.00 feet to the true point of beginning, thence continuing
50" East, 218.06 feet to the North 89 58
beginning of a tangent curve, concave Southerly,
having a radius of 194.5.00 feet, a line radial to said point bears South 00. O1'
10" East; thence Southeasterly along said curve through a central angle of 38'
45' 52" an arc distance of 1315.92 feet; thence South 05' 15' 22" East
feet; thence South 40' 44' 34" West, 10.65 feet to the beginning of a tangent
curve, concave Easterly, having a radius of 1044.00 feet, a line radial to said
point bears South 49' 15' 26" East; thence Southwesterly along said curve
through a central angle of 40• 49' 55" an arc distance of 744.01 feet; thence
South 00' 05' 21" East, 58.58 feet; thence South 44' 56' 24" West, 32.54 feet;
thence South 89' 58' 10" West, 1155.81 feet; thence North 45' Olt 26" West, 32.53
feet; thence North 00'. O1' 01" West, 1188.20 feet; thence North 44. 58' 5511,
East 32.53 feet to the true point of beginning.
That portion of the Northeast quarter of the Northwest quarter of Section 29,
Township 4 South, Range 6 East, San Bernardino Base and Meridian, according to
Official Plat thereof, lying Southwesterly of the Southern Pacific Railroad
Company right of way, 200 feet in width as reserved in and deed recorded January
23, 1912, in Book 652, Page 138 of Deeds, Riverside County Records.
ALSO EXC EPT Ian therefrc m that portion lying within that portion of the Northwest
quarter of Section 29, Township 4 South, Range 6 East, San Bernardino Base and
Meridian, more particularly described as follows.
CCH-ENCING at the Northwest corner of said Section 29, thence South 00' O1' Ol"
East, 55.00 feet along the West line of said Section 29; thence North 89. 58' 50"
East, 90.00 feet to the true point of beginning; thence continuing North 89' 58'
50" East, 218.06 feet to the beginning of a tangent curve, concave Southerly,
having a radius of 1945.00 feet, a line radial to said ,
10" F-st; thence Southeasterl alo said curve point bears South 00 38
y � through a central angle of 38'
451 52" an arc distance of 1315.92 feet; thence South 05' 15' 22" East, 33.09
feet; thence South 40' 44' 34" West, 10.65 feet to the beginning of a tangent
curve, concave Easterly, having a radius of 1044.00 feet, a line radial to said
Point bears South 49' 15' 26" East; thence Southwesterly along said curve through
a central angle of 40' 49' 55" an arc distance of 744.01 feet; thence South 00'
05' 21" East, 58.58 feet; thence South 44. 56' 24" West, 32.54 feet; thence South
89' 58' 10" West, 1155.81 feet; thence North 45' O1' 26" West, 32.53 feet; thence
North 00' 01' 01" West, 1188.20 feet; thence North 44' 58' 5511, East 32.53 feet
to the true point of beginning.
The North one-half of the Southeast quarter of the Northwest quarter of Section
29, Township 4 South, Range 6 East, San Bernardino Base and Meridian, according
to .Official Plat thereof.
Page 3 of 4
1
m
PARCEL 7 :
The Northerly 100 feet of the Easterly 200 feet of the Southwest quarter of the
Northwest quarter of Section 29, Township 4 South, Range 6 Fast, San Berrasdino
Base and Meridian.
PARCEL 8:
That portion of the Northwest quarter of Section 29, Township 4 South, Range 6
East, San Base and Meridian, more particularly described as follows:
CU14EICING at the Northwest corner of said Section 29, then South 00- Olt O1"
East, 55.00 feet along the West line of said Section 29; thence North 89- S8' S0"
Fast, 90.00 feet, to the true point of beginning; thence continuing North 89. 58'
50" East, 218.06 feet to the beginning of a tangent curve, concave Southerly,
having a radius of 1945.00 feet, line radial to said point bears South 00. Olt
10" East; then Southeasterly along said curve through a central angle of 38. 45'
52" an arc distance of 1315.92 feet; thence Swath 05' 15' 22" East, 33.09 feet;
thence South 40 • 44' 34" West, 10.65 feet to the beginning of a tangent carve,
concave Easterly, having a radius of 1044.00 feet, a line radial to said point
bears South 490 15' 26" East; then Southwesterly along said curve through a
.central angle of 40' 49' 55" an arc distance of 744.01 feet; then South 000 05'
21" East, 58.58 feet; then South 440 56' 24" West, 32.54 feet; then South 890
58' loll West, 1155.81 feet; then North 45' O1' 26" West, 32.53 feet; then North
00* 01' 01" West, 1188.20 feet; then North 44' 58' 55" East 32.53 feet to the
true point of beginning.
Page 4 of 4
a
181069
(Property owned by Henry Melby, Trustee of
the B. H. Fortner Testamentary Trust)
Real property located in the unincorporated area of the County of
Riverside, State of California, described as:
H. Melby
The East 1400 feet, as measured along the
South line of that portion of the Northeast
quarter of Section 29, Township 4 South, Range
6 East, SAN BERNARDINO BASE AND MERIDIAN, as
shown by United States Government Survey,
which lies Southwesterly of the Southwesterly
line of the strip of land 200 feet wide
reserved by the Southern Pacific Railroad
Company in Deed recorded March 23, 1912 in
Book 347, page 127 of Deeds, Riverside County
Records.
14 1r
181069
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE UNINCORPORATED AREA OF
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCELI:
THE NORTHERLY 455 FEET OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP
4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856;
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS, AND OTHER HYDROCARBON
SUBSTANCES AND ALL OTHER MINERALS UNDERLYING SAID LAND AS RESERVED IN
DEED FROM CHESTER W. FROUDE AND GLADYS R. FROUDE, HUSBAND AND WIFE, TO
BLANCHE STEPHEN, AN UNMARRIED WOMAN;
ALSO EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT
RIGHT ANGLES) CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT
RECORDED JULY 25, 1985, AS INSTRUMENT NO. 163780 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2:
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT
SURVEY;
EXCEPTING THEREFROM THE SOUTH 1470 FEET AND THE NORTH 455 FEET THEREOF;
EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT RIGHT
ANGLES CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED
JULY 25, 1985, AS INSTRUMENT NO. 163781 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
McLeod -Couch
EXHIBIT "3"
r
Debonrie
The South. half of the Southeast quarter of the
Northwest quarter of Section 29, Township 4
South, Range 6 East, San Bernardino Base and
Meridian.
Together with a 20 foot easement for ingress
and egress along the South line of the
Southwest quarter of the Northwest quarter of
Section 29, Township 4 South, Range 6 East,
San Bernardino Base and Meridian.
^ 1
EXHIBIT
181069
. 653 — 25 . T, C. A. 061-104 181069
0 61- 019 N//2 SEC. .
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181069 .140tice: This Is nelthtr a plat nor a survey. ;t
is furnished merely a$ a convenience to aid yc,
in locating the land indicated hereon wir,. �81p69
fetervnce to streets and other land. No liability
is assumed by reason of any reliance hereon."
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ASSESSOR'S M-4P 'CA. 553 & .25
RIVERSIDE COUNTY CALIF, pt