HomeMy WebLinkAboutORD 932RECORDING 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
OOC a 2000-2437!'56
06/26/2000 08:06A Fee:NC
Page 1 of 21
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
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ORDINANCE NO. 932
(Title of Document)
,V
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY COUNCIL O F THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND PEARL INDUSTRIES, INC., FOR A 250-
UNIT CONTINUING CARE RETIREMENT COMMUNITY ON
10.3 ACRES ON THE WEST SIDE OF FAIRHAVEN DRIVE
SOUTH OF PARKVIEW DRIVE, 72-755 PARKVIEW DRIVE.
CASE NO. DA 99-3
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December , 1999, hold a duly noticed public hearing to consider the request by
PEARL INDUSTRIES, INC. for the project described above; and
WHEREAS, the Planning Commission by its Resolution No. 1958 has
recommended approval; 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. 97-18," in that the Director of Community Development has determined that
the project will not have a significant adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared;
WHEREAS, at said public hearing, City Council heard and considered all testimony
and arguments of all interested persons.
NOW, THEREFORE, BE IT ORDAINED 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 Development Agreement, "Exhibit "A" attached hereto, is hereby
approved.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be
in full force and effect thirty (30) days after its adoption.
4. That a Negative Declaration of Environmental Impact, Exhibit "B" attached
hereto, is hereby certified.
IIIIIIInI�uIINNINIUIBIIII�In�NIIIINIIIN °''''``•-
ORDINANCE NO. 932
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
13th day of January , 2000 by the following vote, to wit:
AYES: Benson, Kelly, Spiegel, Crites
NOES: Ferguson
ABSENT: None
ABSTAIN: None
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
EACH 08CUMUT TO WINCH TMIE UNTMUTE 10
ATTACHED, IS CERTIFIED TO K A FULL. TRUE AM
wpdocs\.srVeartord CORRECT COPY F THE OWNAl ON FILE UO ON
RECORD IN MY E.
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LA R. 61LU6AN, MY Clerk
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CITY COUNCIL ORDINANCE NO. 932
EXHIBIT A
SENIOR HOUSING DEVELOPMENT AGREEMENT
PEARL INDUSTRIES INC.
s-/y
THIS AGREEMENT is entered into this 4-3-rh day of
��y 2000, between Pearl Industries Inc. (hereinafter "Property Owner")
and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and
existing under the laws of the state of California.
RECITALS
This Agreement is predicated upon the following facts:
A. Government Code Sections 65864-65869.5 authorize the City to enter
into binding development agreements with persons having legal or equitable interests
in real property for the development of such property;
B. DEVELOPER is owner of certain real property located within the City of
Palm Desert, California, which property is described in Exhibit 1, attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been
granted approval of a precise plan/conditional use permit (PP/CUP 99-7) to construct
a 250 unit senior assisted living (age 62 and older) project and zone change to senior
overlay;
IIIRlfllullllllllllll�llllllllllll!IIIIRInllllll `'";"`:
CITY COUNCIL ORDINANCE NO. 932
C. The DEVELOPER has applied for precise plan/conditional use permit
approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay
District which allows for significant density increases in return for building specialized
housing designed and restricted to residents over age 62 years;
D. The City Council of City has found that the development agreement is
consistent with the General Plan and Senior Overlay; and
NOW, THEREFORE, the parties agree:
requires:
1. Definitions. In this Agreement, unless the context otherwise
(a) "City" is the City of Palm Desert.
(b) "Project" is the development to be constructed in the City
pursuant to Precise Plan/Conditional Use Permit 99-7.
(c) "Property Owner" means the person having a legal or
equitable interest in the real property as described in paragraph (3) and includes the
Property Owner's successor in interest.
(2).
(d) "Real Property" is the real property referred to in paragraph
(e) "Useful Life of the Project" is the greater of thirty (30) years
or the period of time which the Project remains habitable, with reasonable care and
maintenance, as determined by City.
(f) "Senior Citizen Household" means a maximum two person
2
CITY COUNCIL ORDINANCE NO. 932
household of which all members are 62 years of age or older.
2. Description of Real Property. The real property which is the subject
of this Agreement is described in Exhibit A.
3. Interest of Property Owner. Property Owner represents that he has
a full legal and equitable interest in the Real Property and that all other persons holding
legal or equitable interests in the Property are to be bound by the Agreement.
4. Assignment. The rights of the Property Owner under this
Agreement may be transferred or assigned; however, Property Owner will remain
responsible for all obligations under this Agreement unless the written consent of the
City is first obtained, which will not be unreasonably withheld.
5. Binding effect of Agreement. The burdens of this Agreement bind
and the benefits of the Agreement inure to the successors in interest to the parties to
it.
6. Relationship of parties. It is understood that the contractual
relationship between the City and Property Owner is such that the Owner is an
independent contractor and not the agent of the City.
7. Agreement by Property Owner and City.
(a) Property Owner has been granted permission by the City to
construct a 250 unit senior assisted living (age 62 years and older) project, a zone
change to senior overlay on the PROPERTY by Precise Plan/Conditional Use Permit 99-
7 City Council Resolution No. 00-05 . Chapter 25.52 requires senior projects to set
3
111111 HIM 111111111111111111111111111111111111111111
CITY COUNCIL ORDINANCE NO. 932
aside 25% of total project units as units affordable for very low, low and moderate
income senior households. These affordable units are required in exchange for
substantial density bonuses (project units in excess of base zone density) which have
historically ranged from 10 to 20 additional units per acre. The project is receiving a
density bonus of 18 units/acre or 159 of the 250 total project units. The project's
affordable housing requirement shall therefore be established at 62.5 units.
(b) The Property Owner shall meet the affordable housing
requirement as follows:
i. Payment of $12,000 per affordable unit totaling
$750,000 to the City to be used for the purpose of providing very low, low and
moderate income senior housing. Payment shall be made in increments to the City
prior to obtaining a Certificate of Occupancy for each and every unit in the project at
the rate of $3,000.00 per unit.
(c) Property Owner shall not discriminate on the basis of race,
color or creed, sex, or national origin.
(d) Age limits. The minimum age for all PROJECT occupants
shall be 62 years old.
(e) Change in Project. No change, modification, revision or
alteration may be made in the approved precise plan without review and approval by
those agencies of the City approving the plan in the first instance. A change,
modification, revision or alteration in the approved precise plan/conditional use permit
4
HIM uti7iiiiunui�uumuuNuumui °,;_,
CITY COUNCIL ORDINANCE NO. 932
is not effective until the parties amend this AGREEMENT to incorporate it.
(f) Hold Harmless. Property Owner agrees to and shall hold the
City, its officers, agents, employees and representatives harmless from liability for
damage or claims for damage for personal injury including death and claims for
property damage which may arise from the direct or indirect operations of the Property
Owner or those of his contractor, subcontractor, agent, employee or other person
acting on his behalf which relates to the PROJECT. Property Owner agrees to and
shall defend the City and its officers, agents, employees and representatives from
actions for damages caused or alleged to have been caused by reason of Property
Owner's activities in connection with the PROJECT.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by reason of the
operation referred to in this paragraph, regardless of whether or not the City prepared,
supplied, or approved plans or specifications or both for the PROJECT.
Property Owner further agrees to indemnify, hold harmless,
pay all costs and provide a defense for City in any action challenging the validity of the
DEVELOPMENT AGREEMENT.
(g) Periodic Review of Compliance with Agreement.
i. City Planning Commission shall review this
DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a
possible breach of the terms of this AGREEMENT.
5
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CITY COUNCIL ORDINANCE NO. 932
(h) Amendment or Cancellation of Agreement. This
DEVELOPMENT AGREEMENT may be amended or canceled in whole or in part by
mutual consent of the parties and in the manner provided for in Government Code,
Sections 65868, 65867 and 65867.5.
(i) Enforcement. Unless amended or canceled as provided in
paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it
notwithstanding a change in the applicable general or specific plan, zoning,
subdivision, or building regulations adopted by City which alter or amend the rules,
regulations or policies governing permitted uses of the land, density, design,
improvement and construction standards and specifications.
(j) Events of default. Property Owner is in default under this
AGREEMENT upon the happening of one or more of the following events or conditions:
i. If a warranty, representation or statement made or
furnished by Property Owner to City is false or proves to have been false in any
material respect when it was made;
ii. A finding and determination by City made following
a periodic review under the procedure provided for in Government Code, Section
65865.1, that upon the basis of substantial evidence Property Owner has not complied
in good faith with any of the terms or conditions of this AGREEMENT.
lit. Property Owner's failure to maintain the Real Property
in substantially the same condition as it exists on the date that City issues the
6
CITY COUNCIL ORDINANCE NO. 932
Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good
and workmanlike manner any building which may be damaged or destroyed.
iv. Property Owner's failure to appear in and defend any
action or proceeding purporting to affect the rights or powers of City under the terms
of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including
attorneys' fees in a reasonable sum, in any such action or proceeding in which City
may appear.
(k) Procedure upon default. If, as a result of periodic review,
or other review of this AGREEMENT, the Planning Commission or City finds and
determines, on the basis of substantial evidence, that Property Owner has not
complied with the terms or conditions of this AGREEMENT, the Commission shall
notify the Property Owner or successor in interest as to the specific nature of
noncompliance, and describe the remedies required to achieve compliance. Property
Owner has thirty (30) days upon receipt of notification to take remedial actions. If
Property Owner fails to take remedial action within thirty (30) days, the Planning
Commission of City shall recommend to the City Council of City that this
DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth
in this paragraph be exercised by the City. If the City Council of City concurs with the
recommendation of the City's Planning Commission, the City Council may modify this
Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ
one or more of the remedies set forth in this paragraph. Proceedings before the City
7
..,, 4 57. 5,v.
CITY COUNCIL ORDINANCE NO. 932
Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal
Code of the City of Palm Desert. In the event of a default, City may employ one or
more of the following remedies, in its sole discretion:
i. City may revoke all previous approvals, entitlements
and permits granted by the City to Property Owner with respect to this PROJECT and
the subject Real Property.
ii. City may pursue all other legal or equitable remedies
City may have under California law or as set forth in this DEVELOPMENT AGREEMENT
and City shall be entitled to specific performance and enforcement of each and every
term, condition and covenant set forth herein.
(1) Damages upon Cancellation, Termination of Agreement. In
no event shall Property Owner be entitled to any damages against the City upon
modification, termination of this DEVELOPMENT AGREEMENT or exercise by City of
its rights under this DEVELOPMENT AGREEMENT.
(m) Attorney's fees and costs. If legal action by either party is
brought because of breach of this AGREEMENT or to enforce a provision of this
AGREEMENT, the prevailing party is entitled to reasonable attorneys' fees and court
costs.
(n) Notices. All notices required or provided for under this
DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by
certified mail, postage prepared. Notice required to be given to City shall be addressed
g
II�IIINIAII�AIn�IhInIIININIVInllllllllll � F4 517 5 E.
CITY COUNCIL ORDINANCE NO. 932
as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California
92260.
Notices required to be given to Property Owner shall be
addressed as follows: Pearl Industries Inc., 66 Alviso Drive, Camarillo, CA 93010.
A party may change the address by giving notice in writing
to the other party and therefore notices shall be addressed and transmitted to the new
address.
(o) Rules of Construction and Miscellaneous Items.
i. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "may" is permissive.
ii. If a part of this AGREEMENT is held to be invalid, the
remainder of this AGREEMENT is not affected.
iii. If there is more than one signer of this AGREEMENT
their obligations are joint and several.
iv. The time limits set forth in this AGREEMENT may be
extended by mutual consent of the parties in accordance with the procedures for
adoption of an agreement.
(p) Duration of Agreement. This AGREEMENT shall expire only
upon total destruction of the apartment project which is the subject of this
DEVELOPMENT AGREEMENT.
(q) Applicable Law. This AGREEMENT shall be construed
9
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CITY COUNCIL ORDINANCE NO. 932
according to the laws of the State of California.
(r) Severability. If any portion of this AGREEMENT is for any
reason held to be unenforceable, such determination shall not affect the validity of the
remaining portions.
(s) Authority. Each of the parties hereto covenants and agrees
that it has the legal capacity to enter into this AGREEMENT contained herein, that each
AGREEMENT is binding upon that party and that this AGREEMENT is executed by a
duly authorized official acting in his official capacity.
II��IU�IIINI�IIIIIIIIIInIIIIIIInIIIIINI "`0 24"56
CITY COUNCIL ORDINANCE NO. 932
IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed
by the parties on the day and year first above written.
Approved as form:
City Attorn
CITY OF PALM DESER
A MunicipWct
gy:
Attest:
EARV WDUSTIRIEVANC.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
On this -6- d day of
Public in and for said State, persona y appeared _
known to me or proved to me on the basis of satisf,
who executed the within instrument on behalf of _
acknowledged to me that —
TONIA M. BUSTAMA TE
•- COMM. #12406M
I
�' Notary PuNio-Cal fomia CejAJ
RMERSOX COUNTY
My Caren Exp. Nov. 4, 2003
Ai�-b
2000, before me, a Notary
Iry evide re to be the person
'A/7/ t-.�Ig,I , and
executed the sa
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OIEB-15-00 TUE 12 : 21 PM LAW OFF ICE OF L. E. ELDRED FAX NO. 7607735897 P. 07
EXHIBIT A
Legal Descriptions
Parcel 1 (640-040-01)
TIIAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOU'1'FIRAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE,
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SEC1'ION;
'I'11 F.NCE SOUTH 89 DEGRI;�h',S 15' WEST ON THE NORTH LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUAl2'rFR OF
SAID SECTION, 420 FEET TO THE TRUE POINT OF BEGINNING;
'I'I=1h NCH. SOUTH 0 DEGREES 6' 30" FAST, 441.18 FEET;
THENCE SOUTH 89 DEGREES 15' WFST, 240 FEET;
THENCE NORTH 0 DEGREES 6' 30" WEST, 441.18 FEET TO THE
NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOU`1'I-I13AST QUARTER OF SAID SECTION;
THENCE NORTH 89 DEGREES I5' FAST, ON THE NORTH LINE OF
'rim., SOUTHWEST QUARTER OFTHR SOUTHEAST QUARTER OF
SAIL) SECTION, 240 FEET TO THE TRUE POINTOF BEGINNING:
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE
COUNTY OF RIVERSIDE, BY DEED RECORDED JANUARY 20, 1964
AS INSTRUMENT NO. 7625 OF OFFICIAL RECORDS OF RIVER,SIDFF,
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE; NORTHWEST CORNER OF THAT PARCEI.
CONVEYED TO W. CLYDE BALL, BY DEED RECORDED JANUARY
9, 1962 IN BOOK 3053 PAGE 95 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA; SAID CORNER BEING ON
14M NORTH LINE OF SAID SOUTHWEST QUARTER, OF THE
SOUTHEAST QUARTER, DISTANTNORTH 89 DEGREES 15' EAST,
668.261~EET FROM THE NORTHWEST CORNER THEREOF;
IIIRIRIUIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIPIIIIIIIII "`" ' <••
12 : 21 PM LAW OFFICE OF L. E. ELDRED FAX NO. 7607735897
'ENC} NORTH 89 DEGREE'S 15' EAST, ON SAID NORTH LINE,
4wJ FEET TO THE: NOKTI-IEAST CORNER OF SAID PARCEL;
THENCE, SOUTH 0 DEGREES 6'30" FAST, ON THE EAST LINE
THEREON, 29,71 FEET;
THENCE SOUTH 85 DEGREE'S 13' 34" WEST, 240,79 FEET TO THE
WEST LINE OF SAID PARCEL;
THENCE NORTH 0 DEGREES 06' 30" WEST, ON SAID WEST LINE,
46.61 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYED TO THE- CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAI.
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2 (640-040-012)
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDINO BASE AND MERTI)IAN,
DESCRIBED AS FOLLOWS:
BF,GINNING AT THE NORTHWEST CORNER OF PALM DELI.
ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 21 PAGE 66 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALTFORNIA;
'I'I-IF:NCF: SOUTH 0 DEGREES 06' 30" EAST, 441.18 FRE l;
TI-IF;NCL' SOUTI189 DEGREES 15' 00" WEST, 420 FF-ET;
THENCE NORTH 01)EGRLES 06' 30" WEST, 441.18 FEET;
THENCE NORTH 89 DEGREES 15' 00" EAST, 420 FEET TO THE
POIN'r OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYED TO THE CITY OF PALM
DESERT 13Y FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALlFORNIA.
PARCEL 3 (640-040-013)
THAT PORTION OF THE SOUTHWEST QUAR'r1,'It OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
;µ
w.
N
r2:2� NM LAW OFF ICE OF L. E. ELDRED FAX NO, 7607736897 P. 09
RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION;
TIIENCE SOUTH 0 DEGREES 6' 30" EAST, ON THE EAST LINE OF
'1'1.IE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION,
441,82 FEET TO THE TRUE POINT OF BEGINNING;
'I'HE.NCE SOUTH 89 DEGREES 15' WEST, 330 FEET;
'I'HENCR SOUTH 0 DEGREES 6' 30" EAST, 163.33 FEET;
THENCE NORTH 89 DEGREES 15' EAST, 330 FEET TO THE PAST
LINE, OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTPR OF SAID SECTION;
THENCE NORTH 0 DEGREES 6' 30" WEST, ON SAID EAST LINE
163.33 FEET TO THE TRUE POINT OF BEGINNING.
RXCHPT THAT PORTION AS CONVEYED TO THE CITY OF PALM
DhSERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CAI,IFORNIA.
Parcel 4 (640-040-014)
THAT PORTION OIL THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER Oh' THE
SOUTHWEST QUARTER OF THE, SOUTHEAST QUARTER OF ,SAID
SECTION;
'I'I-ENCH SOUTH 0 DEGREES 6' 30" EAST, ON THh EAST LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION, 605.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 15' WEST, 330 FEET;
THENCE SOUTH 0 DEGREES 6' 30" FAST, 163,33 FEET;
'" IIIIIIIIIIIIIII IIIIIIIIINIIIII '' =�`
3
2Z rM LAW OFFICE OF L, E. ELDRED FAX NO. 7607735897 P, 10
THENCE. NORTH 89 DEGREES 15' EAST, 330 FEET TO THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION;
THENCE NORTH 0 DEGREES 6' 30" WEST, ON SAID EAST LINE,
163.33 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYHD TO THE CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RECORDS Or RIVERSIDE COUNTY, CALIFORNIA.
IIIIII IIIINI "�'`'`
4
. _. _.... _. . . _— ... ... ..I - u..a.0 . Alit nV. I VU 1 1 JJUU 1 F. 1 1
EXHIBIT B
LEGAI, DESCRIPTION
Parcel 5 (640-040-015)
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 FAST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION;
THENCE SOUTH 0 DEGREES 6' 30" EAST, ON THE EAST LINE OIL
,rHE SOUTHWEST QUARTER OF THE SOUTHEASTQUARTER OF
SAID SECTION, 768.48 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 15' WEST, 330 FEKI ; .
THENCE SOUTH 0 DEGREES 6' 30" EAST, 163.34 HFl✓'1';
THENCE NORTH 89 DEGREES 15' EAST, 330 mifa TO THE EAST
LINE OF THE ,SOUTHWEST QUARTER OF THE SOUT[Ih:AS'I'
QUARTER OF SAID SECTION;
THENCE NORTH 0 DEGREES 6' 30" WEST, ON SAID EAST LINE,
163.34 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYED TO THE CITY OF PALM
DESERT BY FINAL ORDER OLD CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL.
RECORDS OF RIVERSIDE. COUNTY, CALIFORNIA AND AS
AUGMENTED BY.
THE NORTH 74.00 FEET OF THAT PORTION OF THE SOUTHEAST
QUARTER OFTHE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 6 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING
'I'0 TIIE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
uwiuiNuuNimiiNuiuiuiimuumuu�mii .,
_C III Ln" Vf 1' I UL VI' L. L. LLUALU f f1A 11U, I UU I 1 JJ00 I f . 1C
BEGINNING AT SOUTHWEST CORNER OF PALM DELL ESTATES,
AS PER MAP RECORDED IN BOOK 21, PAGE 66, OF MAPS, INTHE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE SOUTH 890 12' WEST ALONG THU. SOUTH LINE OF TM,
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER, 330.00 FEET;
'J"HENCE NORTH 00 06' 30" WEST AND PARALLEL WITH THE
WEST LINE OF SAID PALM DELL ESTATES, 396.00 FEET;
THENCE NORTH 890 12' FAST AND PARALLEL WITH THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
(QUARTER OF THE: SOUTHEAST QUARTER ON SAID SECTION,
330.00 FEET TO THE POINT IN THE WEST LINE OF SAID PALM
DELI., ESTATES;
rrffI?NCE SOUTH 00 06' 30" EAST, ALONG SAID WEST LINE, 396.00
FEET TO THE POINT OF BF?GINNING.
EXCEPT THAT PORTION CONVEYED TO THE CITY OF PALM
DESERT BY DEED RECORDED SEPTEM13ER 14, 1988 AS
INSTRUMENT NO.264262, OFFICIAL. RECORDS.
7
ORDINANCE NO. 932
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
APPLICANT/PROJECT SPONSOR: Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250-unit continuing care senior(age 62 and
older) retirement community on 10.3 acres on the west side of Fairhaven Drive south of
Parkview Drive, 72-755 Parkview Drive.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
qP DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
,:;.F...
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY COUNCIL O F THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND PEARL INDUSTRIES, INC., FOR A 250-
UNIT CONTINUING CARE RETIREMENT COMMUNITY ON
10.3 ACRES ON THE WEST SIDE OF FAIRHAVEN DRIVE
SOUTH OF PARKVIEW DRIVE, 72-755 PARKVIEW DRIVE.
CASE NO. DA 99-3
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December , 1999, hold a duly noticed public hearing to consider the request by
PEARL INDUSTRIES, INC. for the project described above; and
WHEREAS, the Planning Commission by its Resolution No. 1958 has
recommended approval; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined that
the project will not have a significant adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared;
WHEREAS, at said public hearing, City Council heard and considered all testimony
and arguments of all interested persons.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Development Agreement, "Exhibit "A" attached hereto, is hereby
approved.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be
in full force and effect thirty (30) days after its adoption.
4. That a Negative Declaration of Environmental Impact, Exhibit "B" attached
hereto, is hereby certified.
ORDINANCE NO. 932
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
13th day of January , Moo by the following vote, to wit:
AYES: Benson, Kelly, Spiegel, Crites
NOES: Ferguson
ABSENT: None
ABSTAIN: None
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
wpdocs\sr\pead.ord
2
ORDINANCE NO. 932
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
A_ PPLICANT/PROJECT SPONSOR: Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250-unit continuing care senior(age 62 and
older) retirement community on 10.3 acres on the west side of Fairhaven Drive south of
Parkview Drive, 72-755 Parkview Drive.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
l C Oo
P ILIP EMELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY COUNCIL ORDINANCE NO. 932
EXHIBIT A
SENIOR HOUSING DEVELOPMENT AGREEMENT
PEARL INDUSTRIES INC.
f-�4
THIS AGREEMENT is entered into this '-r-h day of
Weary 2000, between Pearl Industries Inc. (hereinafter "Property Owner")
and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and
existing under the laws of the state of California.
RECITALS
This Agreement is predicated upon the following facts:
A. Government Code Sections 65864-65869.5 authorize the City to enter
into binding development agreements with persons having legal or equitable interests
in real property for the development of such property;
B. DEVELOPER is owner of certain real property located within the City of
Palm Desert, California, which property is described in Exhibit 1, attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been
granted approval of a precise plan/conditional use permit (PP/CUP 99-7) to construct
a 250 unit senior assisted living (age 62 and older) project and zone change to senior
overlay;
CITY COUNCIL ORDINANCE NO. 932
C. The DEVELOPER has applied for precise plan/conditional use permit
approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay
District which allows for significant density increases in return for building specialized
housing designed and restricted to residents over age 62 years;
D. The City Council of City has found that the development agreement is
consistent with the General Plan and Senior Overlay; and
NOW, THEREFORE, the parties agree:
1. Definitions. In this Agreement, unless the context otherwise
requires:
(a) "City" is the City of Palm Desert.
(b) "Project" is the development to be constructed in the City
pursuant to Precise Plan/Conditional Use Permit 99-7.
(c) "Property Owner" means the person having a legal or
equitable interest in the real property as described in paragraph (3) and includes the
Property Owner's successor in interest.
(d) "Real Property" is the real property referred to in paragraph
(2).
(e) "Useful Life of the Project" is the greater of thirty (30) years
or the period of time which the Project remains habitable, with reasonable care and
maintenance, as determined by City.
(f) "Senior Citizen Household" means a maximum two person
ri
CITY COUNCIL ORDINANCE NO. 932
household of which all members are 62 years of age or older.
2. Description of Real Prooerty. The real property which is the subject
of this Agreement is described in Exhibit A.
3. Interest of Property Owner. Property Owner represents that he has
a full legal and equitable interest in the Real Property and that all other persons holding
legal or equitable interests in the Property are to be bound by the Agreement.
4. Assignment. The rights of the Property Owner under this
Agreement may be transferred or assigned; however, Property Owner will remain
responsible for all obligations under this Agreement unless the written consent of the
City is first obtained, which will not be unreasonably withheld.
5. Binding effect of Agreement. The burdens of this Agreement bind
and the benefits of the Agreement inure to the successors in interest to the parties to
it.
6. Relationship of parties. It is understood that the contractual
relationship between the City and Property Owner is such that the Owner is an
independent contractor and not the agent of the City.
7. Agreement by Property Owner and City.
(a) Property Owner has been granted permission by the City to
construct a 250 unit senior assisted living (age 62 years and older) project, a zone
change to senior overlay on the PROPERTY by Precise Plan/Conditional Use Permit 99-
7 City Council Resolution No. 00-05 . Chapter 25.52 requires senior projects to set
3
CITY COUNCIL ORDINANCE NO. 932
aside 25 % of total project units as units affordable for very low, low and moderate
income senior households. These affordable units are required in exchange for
substantial density bonuses (project units in excess of base zone density) which have
historically ranged from 10 to 20 additional units per acre. The project is receiving a
density bonus of 18 units/acre or 159 of the 250 total project units. The project's
affordable housing requirement shall therefore be established at 62.5 units.
(b) The Property Owner shall meet the affordable housing
requirement as follows:
i. Payment of $12,000 per affordable unit totaling
$750,000 to the City to be used for the purpose of providing very low, low and
moderate income senior housing. Payment shall be made in increments to the City
prior to obtaining a Certificate of Occupancy for each and every unit in the project at
the rate of $3,000.00 per unit.
(c► Property Owner shall not discriminate on the basis of race,
color or creed, sex, or national origin.
(d) Age limits. The minimum age for all PROJECT occupants
shall be 62 years old.
(e) Change in Project. No change, modification, revision or
alteration may be made in the approved precise plan without review and approval by
those agencies of the City approving the plan in the first instance. A change,
modification, revision or alteration in the approved precise plan/conditional use permit
.19
CITY COUNCIL ORDINANCE NO. 932
is not effective until the parties amend this AGREEMENT to incorporate it.
(f) Hold Harmless. Property Owner agrees to and shall hold the
City, its officers, agents, employees and representatives harmless from liability for
damage or claims for damage for personal injury including death and claims for
property damage which may arise from the direct or indirect operations of the Property
Owner or those of his contractor, subcontractor, agent, employee or other person
acting on his behalf which relates to the PROJECT. Property Owner agrees to and
shall defend the City and its officers, agents, employees and representatives from
actions for damages caused or alleged to have been caused by reason of Property
Owner's activities in connection with the PROJECT.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by reason of the
operation referred to in this paragraph, regardless of whether or not the City prepared,
supplied, or approved plans or specifications or both for the PROJECT.
Property Owner further agrees to indemnify, hold harmless,
pay all costs and provide a defense for City in any action challenging the validity of the
DEVELOPMENT AGREEMENT.
(g) Periodic Review of Compliance with Agreement.
i. City Planning Commission shall review this
DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a
possible breach of the terms of this AGREEMENT.
5
CITY COUNCIL ORDINANCE NO. 932
(h) Amendment or Cancellation of Agreement. This
DEVELOPMENT AGREEMENT may be amended or canceled in whole or in part by
mutual consent of the parties and in the manner provided for in Government Code,
Sections 65868, 65867 and 65867.5.
Enforcement. Unless amended or canceled as provided in
paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it
notwithstanding 'a change in the applicable general or specific plan, zoning,
subdivision, or building regulations adopted by City which alter or amend the rules,
regulations or policies governing permitted uses of the land, density, design,
improvement and construction standards and specifications.
(j) Events of default. Property Owner is in default under this
AGREEMENT upon the happening of one or more of the following events or conditions:
i. If a warranty, representation or statement made or
furnished by Property Owner to City is false or proves to have been false in any
material respect when it was made;
ii. A finding and determination by City made following
a periodic review under the procedure provided for in Government Code, Section
65865.1, that upon the basis of substantial evidence Property Owner has not complied
in good faith with any of the terms or conditions of this AGREEMENT.
iii. Property Owner's failure to maintain the Real Property
in substantially the same condition as it exists on the date that City issues the
rol
CITY COUNCIL ORDINANCE NO. 932
Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good
and workmanlike manner any building which may be damaged or destroyed.
iv. Property Owner's failure to appear in and defend any
action or proceeding purporting to affect the rights or powers of City under the terms
of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including
attorneys' fees in a reasonable sum, in any such action or proceeding in which City
may appear.
(k) Procedure upon default. If, as a result of periodic review,
or other review of this AGREEMENT, the Planning Commission or City finds and
determines, on the basis of substantial evidence, that Property Owner has not
complied with the terms or conditions of this AGREEMENT, the Commission shall
notify the Property Owner or successor in interest as to the specific nature of
noncompliance, and describe the remedies required to achieve compliance. Property
Owner has thirty (30) days upon receipt of notification to take remedial actions. If
Property Owner fails to take remedial action within thirty (30) days, the Planning
Commission of City shall recommend to the City Council of City that this
DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth
in this paragraph be exercised by the City. If the City Council of City concurs with the
recommendation of the City's Planning Commission, the City Council may modify this
Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ
one or more of the remedies set forth in this paragraph. Proceedings before the City
7
CITY COUNCIL ORDINANCE NO. 932
Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal
Code of the City of Palm Desert. In the event of a default, City may employ one or
more of the following remedies, in its sole discretion:
i. City may revoke all previous approvals, entitlements
and permits granted by the City to Property Owner with respect to this PROJECT and
the subject Real Property.
ii. City may pursue all other legal or equitable remedies
City may have under California law or as set forth in this DEVELOPMENT AGREEMENT
and City shall be entitled to specific performance and enforcement of each and every
term, condition and covenant set forth herein.
(1) Damages upon Cancellation. Termination of Agreement. In
no event shall Property Owner be entitled to any damages against the City upon
modification, termination of this DEVELOPMENT AGREEMENT or exercise by City of
its rights under this DEVELOPMENT AGREEMENT.
(m) Attorney's fees and costs. If legal action by either party is
brought because of breach of this AGREEMENT or to enforce a provision of this
AGREEMENT, the prevailing party is entitled to reasonable attorneys' fees and court
costs.
(n) Notices. All notices required or provided for under this
DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by
certified mail, postage prepared. Notice required to be given to City shall be addressed
8
CITY COUNCIL ORDINANCE NO. 932
as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California
92260.
Notices required to be given to Property Owner shall be
addressed as follows: Pearl Industries Inc., 66 Alviso Drive, Camarillo, CA 93010.
A party may change the address by giving notice in writing
to the other party and therefore notices shall be addressed and transmitted to the new
address.
(o) Rules of Construction and Miscellaneous Items.
i. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "may" is permissive.
ii. If a part of this AGREEMENT is held to be invalid, the
remainder of this AGREEMENT is not affected.
iii. If there is more than one signer of this AGREEMENT
their obligations are joint and several.
iv. The time limits set forth in this AGREEMENT may be
extended by mutual consent of the parties in accordance with the procedures for
adoption of an agreement.
(p) Duration of Agreement. This AGREEMENT shall expire only
upon total destruction of the apartment project which is the subject of this
DEVELOPMENT AGREEMENT.
(q) Applicable Law. This AGREEMENT shall be construed
9
CITY COUNCIL ORDINANCE NO. 932
according to the laws of the State of California.
(r) Severability. If any portion of this AGREEMENT is for any
reason held to be unenforceable, such determination shall not affect the validity of the
remaining portions.
(s) Authority. Each of the parties hereto covenants and agrees
that it has the legal capacity to enter into this AGREEMENT contained herein, that each
AGREEMENT is binding upon that party and that this AGREEMENT is executed by a
duly authorized official acting in his official capacity.
CITY COUNCIL ORDINANCE NO. 932
IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed
by the parties on the day and year first above written.
Approved as to form: CITY OF PALM DESERT
A Municipal Co p at' n
By.
City AtfornW
Attest: a _
PEARL\4NDUSTRI
By:—D4A,I ih
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
On this 67 71 day of
Public in and for said State, perso Ily appeared
known to me or proved to me on the basis of satis
who executed the within instrument on behalf of
acknowledged to me that
TONK M. BUSTAMAME
COMM.012400M m
N
WLRMSIDE COUNTY
MY coma ft Nov. 4► 2003
2000, before mega Notary
evi ence tA be the person
VAA0 Ali, A�- . , and
ted the
i
d- I b UU TUE 12 .'21 PM LAW OFF ICE OF L. E. ELDRED
FAX NO.
7607736897
P. 07
Parcel 1(640-040-01)
EXHIBIT A
Legal Descriptions
'I'11A'I' PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTE-IRAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 LEAST, SAN. BERNARDINO BASE AND MERIDIAN,
I)hSCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SEC_'HON;
'I'lIRNCE SOUTH 89 DEGREES 15' WEST ON THE NORTH LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION, 420 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 0 DEGREES 6' 3T !?AST, 441.18 FEET;
THENCE SOUTH 89 DECREES 15' WPS'I', 240 FEET;
THENCE NORTH 0 DEGREES 6' 30" WEST, 441,18 FFE'1' TO THE
NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOU` HEJAST QUARTER OF SAID SECTION;
THENCE NORTH 89 DEGREES 15' FAST, ON THE NORTH LINE OF
'f l Ii:, SOUTHWEST QUARTER ON THI± SOUTHEAST QUARTER OF
SAID SECTION, 240 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE
COUNTY OF RIVERSIDE, BY DEED RECORDED JANUARY 20, 1964
AS INSTRUMENT NO.7625 OF OFFICIAL RECORDS OF RIVIF.RS11)H
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE, NORTHWEST CORNER OTC THAT PARCE1.
CONVEYED TO W. CLYDE BALL, BY DEED RECORDED JANUARY
9, 1962 IN BOOK 3053 PAGE 95 OF OFFICIAL, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA; SAID CORNER BRING ON
111F. NORTH LINE OF SAID SOUTHWEST QUARTER ON nip,
SOUTHEAST QUARTER, DISTANT NOWVH 89 DEGREES 15' EAST,
668.26 FEET FROM THE NORTHWEST CORNER THEREOF;
1
12: 21 PM LAW OFF 1 CE OF L. E. ELDRED FAX N0, 7607736897
IENCE NORTH 89 DEGREES 15' EAST, ON SAID NORTH LINE,
4-,0 FEET TO THE. NOIZTI.IEAST CORNER OF SAID PARCEL;
THENCE, SOUTH 0 DEGREES 6'30" FAST, ON THE EAST LINE
THEREOF, 29,71 FEET;
THENCE SOUTH 85 DEGREES 13' 34" WEST, 240.79 FEET TO THE
WEST LINE OF SAID PARCEL;
THENCE NORTH 0 DEGREES 06' 30" WEST, ON SAID WEST LINE,
46.61 f;ERT TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYED TO THE: CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL.
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2 (640-040-012)
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
HF?GINNING AT THE NORTHWEST CORNER OF PALM DELL
ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 21 PAGE 66 O
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
'I'HF:NCE; SOUTH 0 DEGREES 06' 30" PAST, 441.18 FEET;
TFIF:NCE SOUTH 89 DEGREES 15' 00" WEST, 420 FEET;
THENCE NORTH 0 DEGREES 06' 30" WEST, 441.18 FEET;
THENCE, NORTH 89 DEGREES 15' 00" EAST, 420 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT POWHON AS CONVEYED TO THE CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CAI,IFORNIA.
PARCEL 3 (640-040-013)
THAT PORTION OF THE SOUTHWEST QUARTER OF TE M
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
P. 08
2
12"22 NCI LAW OFFICE OF L. E. ELDRED
FAX N0, 7607735897
P. 09
RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN,
DESCR113ED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTHWEST QUAICI'HR OF THE SOUTHEAST QUARTER OF SAID
SECUON;
' HENCE SOUTH 0 DEGREES 6' 30" EAST, ON THE BAST LINE OF
''I'l-LE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION,
441.82 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 15' WEST, 330 FEET;
'1'HENCR SOUTH 0 DEGREES 6' 30" EAST, 163.33 FEET;
THENCE NORTH 89 DEGREES 15' EAST, 330 FEET TO THE FAST
LINK; OF THE SOUTHWEST QUARTER OF THE. SOUTHEAST
QUAR'fF.R OF SAID SECTION;
THENCE NORTH 0 DEGREES 6' 30" WEST, ON SAID LAST LINE
163.33 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPT THAT PORTION AS CONVEYED TO THE CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
Parcel 4 (640-040-014)
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDINO BASE AND MRR1DIAN,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF 'lIM
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION;
THENCE SOUTH 0 DEGREES 6' 30" EAST, ON THE.' FAST L1NH OF
TI19 SOUTHWEST QUARTER OF'1'HF, SOUTHEAST QUARTER OF
SAID SECTION, 605.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 15' WEST, 330 FEET;
THENCE SOUTH 0 DEGREES 6' 30" FAST, 163.33 FEET;
3
Z f'M
LAW OFFICE OF L. E. ELDRED FAX NO. 7607735897
P, 10
THENCE NORTH 89 DEGREES 15' EAST, 330 FEET TO THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION;
THENCE NORTH 0 DEGREES 6- 30" WEST, ON SAID EAST LINE,
163.33 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYED TO THE CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RECORDS Or RIVERSIDE COUNTY, CALIFORNIA.
4
__ _ �.. ..• ... �.� �.�.✓1.►.V l IAll IW. I VV I I J.JUU I
EXHIBIT B
LEGAL DESCRIPTION
Parcel 5 (640-040-015)
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDIN'O BASS AND MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION;
THENCE SOUTH 0 DEGREES 6' 30" EAST, ON THE EASTIANI3 OIL
THE SOUTHWEST QUARTER OF THE SOUTHEASTQUARTEER OF
SAID SEC'11ON, 768.48 FEET TO THE TRUE POINT OF BE -GINNING;
THENCE SOUTH 89 DEGREES 15' WEST, 3301^ER ;
THENCE SOUTH 0 DEGREES 6' 30" EAST, 163:34 FEET;
THENCE NORTH 89 DEGREES 15' EAST, 330 Np.,Kr T'O THE EAST
LINE OF THE ,SOUTHWEST QUARTER OI' THE SOU'I'Hh:AS'I'
QUARTER OF SAID SECTION;
THENCE NORTH 0 DEGREES 6' 30" WEST, ON SAID EAST LINE,
163.34 FEET TO THE.TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION AS CONVEYED TO THE CITY OF PALM
DESERT BY FINAL ORDER OF CONDEMNATION RECORDED
JANUARY 31, 1989 AS INSTRUMENT NO. 131638 OF OFFICIAL
RE -CORDS OF RIVERSIDl? COUNTY, CALIFORNIA AND AS
AUGMENTED BY.
THE NORTH 74.00 FEET OF THAT PORTION OF THE SOUTHEAST
QUARTER ON'1THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUAIZTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 6 EAST,
SAN BERNARDINO MERIDIAN, IN TFIR CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOIJ,OWS:
1
LLLI 1"iu� zlcxJ
_G 1 If LLILt VCI' L UL Vf Li Lo LLI)MIJ r nA PIU. I UU I I JJ001
BEGINNING AT SOUTHWEST CORNER OF PALM DELL ESTATES,
AS PER MAP RECORDED IN BOOK 21, PAGE 66, OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE SOUTH 890 12' WEST ALONG THE SOUTH LINE OF THE
,SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER, 330.00 FEET;
'J"HENCE NORTH 00 06' 30" WEST AND PARALLEL WITH THE
WEST LINE OF SAID PALM DELL ESTATES, 396.00 FEET;
TIIENCE NORTH 890 12' FAST AND PARALLEL WITF! TIITs SOUTH
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION,
330.00 FEET TO THE POINT IN THE WEST LINE OF SAID PALM
DELI. F.S1'ATES;
THENCE SOUTH 00 06' 30" EAST, ALONG SAID WEST LINE, 396.00
FEET TO THE POINTOrs H FIG INNING.
EXCEPT, THAT PORTION CONVEYED TO THE CITY OP PALM
•1)FS1;RT BY DEED RECORDED SEPTEMBER 14, 1988 AS
INSTRUMENT NO.264262, OFFICIAL RECORDS.
2