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Home My WebLink AboutR26060A - Convey 1.88 Acres from Agency to City Contract No. R26060 CITY OF PALM DESERT AND PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE THE CHAIRMAN TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND A QUITCLAIM DEED CONVEYING 1.88 ACRES OF PROPERTY FROM THE REDEVELOPMENT AGENCY TO THE CITY OF PALM DESERT. SUBMITTED BY: John M. Wohlmuth, Executive Director DATE: June 11, 2009 CONTENTS: 1. Quitclaim Deed 2. Assignment and Assumption Agreement Recommendation By Minute Motion, that the Redevelopment Agency Board: 1. AUTHORIZE Chairman to execute a Quitclaim Deed conveying 1.88 acres of property from the Redevelopment Agency to the City of Palm Desert. 2. AUTHORIZE Chairman to execute an Assignment & Assumption Agreement between the Redevelopment Agency and the City of Palm Desert. Discussion In 2006, the Redevelopment Agency entered into a Disposition and Development Agreement with the Coachella Valley Water District (CVWD) for the conveyance of real property. CVWD obtained Agency property located on approximately 5.84 acres of vacant land at the southeast corner of Beacon Hill Drive and Hovley Lane. The District wanted this property to expand their current facilities that are adjacent to this parcel. In return, the Agency acquired approximately 1.88 acres of vacant land (i.e. Triangle Property) along Portola Avenue, adjoining the Marrakesh Country Club. Marrakesh Country Club representatives approached the Agency to request access onto the site for maintenance. The Agency subsequently entered into a License Agreement with Marrakesh Country Club. Marrakesh staff were permitted access to the site for the sole purpose of maintaining the Triangle Property free of trash, junk, and debris, to enhance its aesthetic appearance. Quitclaim Deed-Triangle Property June 11, 2009 Page 2 of 2 The Triangle Property was never conveyed from the Agency to the City. Staff is seeking authorization to allow the Agency Chairman to execute a Quitclaim Deed approving the transfer of the Triangle Property from the Redevelopment Agency to the City of Palm Desert. In addition, it is also recommended that the Agency execute an Assignment and Assumption Agreement, transferring its rights and obligations under the License Agreement to the City. Staff will provide written notice of the transfer of the property to Marrakesh pursuant to Section 3 of the License Agreement. Submitted by: Reviewed by: _ � `� .�-, � � Stephen Y. Aryan sti McCarthy Assistant to the City Manager Assist nt City Manage Re evelopment Approved by: J h M. Wohlmuth irman CITY C�1J�'C[L ACTiO1'�' - � -U Ae�t�izovrn � °��,�,��,�a _��_______ ��✓� BY RDA � RI:CCIVI:D _�3��;��:��% �.___._..,__._�._ _..___. _ ON �_ � �_a C� __v.__.__. ._.._.__.._ MEET[NG DATF � -Gq - ----- V�RIFIED BY ��'��_____ AY F.S:.L�.r.1-��r� ru�,�� F(�F�.�l�� x�l---- - NOES: nnF . __� ariginal on file with City Clerk's Office AIiSENT: -L`�on� ABSTAIN: VERIF[ED BY: �'-J� r� 4riginal on File with City Clerk's Office G:\CityMgr\Stephen Aryan�Agenda Reports\Fire Tax Increase.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260 Attn.: Stephen Aryan [SPACE ABOVE FOR RECORDER'S USE ONLY] APNs: 630-200-09 QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue& Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383. The Grantee in this conveyance is a California Public Entity. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title and interest in and to that certain real property located in the City of Palm Desert, County of Riverside, State of California, more particularly described as: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF BY METES AND BOUNDS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ON THE EASTERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER, 422.03 FEET; THENCE SOUTH 56°55'30" WEST, 773.22 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER; THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER, 654.87 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO PALO ALTO TOWN & COUNTRY VILLAGE, INC., A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED ONE- HALF (1/2) INTEREST, AND BOHANNON DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST, BY DEED RECORDED APRIL 23, 1974 AS 1NSTRUMENT NO. 47245 AND SEPTEMBER 27, 1974 AS 1NSTRUMENT NO. 125117, BOTH OF OFFICIAL RECORDS. P6402-0201\1 I 38195v l.doc SUBJECT to all covenants, conditions, restrictions, easements, reservations and rights-of-way that are appurtenant and of record. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: June , 2009 PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Name: Title: ATTEST.• P6402-0201U 138195v1.doc 2 STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On , before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public SEAL: P6402-020 l\I 138195v 1.doc CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated June _, 2009, from the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, to the CITY OF PALM DESERT, a municipal corporation, is hereby accepted by order of the City on June �_, 2009 and by the undersigned officer or agent on behalf of the City pursuant to the authority conferred by the City on , 2009, and the Agency consents to the recordation thereof by its duly authorized officer. Dated: June , 2009 CITY OF PALM DESERT, a municipal corporation By: Name: Title: ATTEST: P6402-0201\1138195v1.doc ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment Agreement") is entered into as of this day of June, 2009 (the `Bffective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic ("Assignor") and the CITY OF PALM DESERT, a municipal corporation ("Assignee"). THE PARTIES ENTER INTO THIS ASSIGNMENT AGREEMENT on the basis of the following facts, understandings and intentions: A. Assignor and Marrakesh Country Club, a California corporation ("Marrakesh") entered into that certain City of Palm Desert License Agreement dated as of December 14, 2006 (the "License Agreement"), whereby, subject to certain terms and conditions, Marrakesh agreed to use and maintain that certain parcel of real property, as more particularly described in the License Agreement. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the License Agreement. B. Assignor desires to assign to Assignee all of Assignor's rights, title, interests, and obligations in, to and under the License Agreement. C. As of the Effective Date, Assignee desires to assume and accept all of Assignar's rights, title, interests and obligations in, to and under the License Agreement. NOW THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Assi�nment by Assignor. Assignor shall and does hereby assign and transfer to Assignee all of Assignor's rights, title, interests and obligations in, to and under the License Agreement, and Assignee shall and does hereby accept Assignor's assignment and does hereby assume all of Assignor's rights, title, interests and obligations in, to and under the License Agreement. 2. Benefit. This Assignment Agreement and all of the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors, successors in trust and permitted assigns of the parties hereto. 3. Modifications. This Assignment Agreement may not be amended modified or otherwise changed in any manner except in writing and executed by the parties hereto. 4. Miscellaneous. This Assignment Agreement shall be governed and construed in accordance with the laws of the State of California. This Assignment Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument. P6402-0201\1138200v1.doc IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment Agreement as of the day and year first above written. ASSIGNOR: PALM DESERT REDEVELOPMENT AGENCY a public body, corporate and politic By: Name: By: Name: ATTEST: ASSIGNEE CITY OF PALM DESERT, a municipal corporation By: Name: By: Name: ATTEST: P6402-0201\1138200v1.doc 2