HomeMy WebLinkAboutC29320 - DSUSD Xchange of Real Property Contract No. C29320
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Authorize the Mayor to Execute an Agreement for an Exchange of
Real Property with Desert Sands Unified School District, Execute a
Grant Deed to Convey Real Property, and Accept Two Grant
Deeds in the Exchange
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: November 12, 2009
CONTENTS: Agreement (including Grant Deeds)
Aerial Photograph
Vicinity Map
Recommendation
By Minute Motion:
1. Authorize the Mayor to Execute an Agreement for an exchange of real
property with Desert Sands Unified School District (DSUSD);
2. Execute a Grant Deed to convey real property; and
3. Accept Two Grant Deeds in the Exchange.
Backqround
The City of Palm Desert owns a strip of land on the east side of Palm Desert Middle
School that fronts along north-south Rutledge Way (the Rutledge Strip). DSUSD and
the City have a lease agreement where DSUSD uses the Rutledge Strip during the
school day and the City maintains and operates the Magnesia Falls City Park (Tot Lot)
and Olsen Field.
During 2006 and 2007, DSUSD hired a contractor to reconstruct and expand the Palm
Desert Middle School. A bus turn-out, garden, concrete sidewalks, and a retention
basin were constructed on the southerly portion of the City's strip of land. All
improvements except the retention basin were approved by the City. The retention
basin was constructed in the Rutledge Strip owned by the City without the City's
approval instead of on DSUSD's property. Subsequently, staff notified DSUSD that
Staff Report
Authorize Property Exchange with DSUSD
November 12, 2009
Page2of2
the basin had to be moved to the school property. DSUSD and City staff met to discuss
the issue on February 17, 2009. A suggestion was made that DSUSD would like to
exchange the Tot Lot for the retention basin.
The portion of land which the City proposes to convey to DSUSD contains 0.84 acres.
In return, DSUSD proposes to convey the Tot Lot to the City, which contains 1.04 acres.
The second 0.04-acre parcel is for the right-of-way needed by the City via a Grant
Deed for a vehicular turn-out on the south side of Magnesia Falls Drive. The land
exchange will allow DSUSD to keep the retention basin in its current location.
Therefore, staff recommends that, by Minute Motion, City Council authorize the Mayor
to execute an Agreement for an exchange of real property with DSUSD, execute a
Grant Deed to convey real property, and accept two Grant Deeds in the exchange.
Fiscal Analysis
Both the City and DSUSD, under the Agreement, concur that the value of the properties
involved in this exchange are approximately equal, given their relative size. Therefore,
City Council approval of Staff's recommendation would be a fiscally neutral action.
Submitted By: Depart e t ad:
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R. Page Garner, L.S Mark Gree ood, P.E.
Sr. Engineer/City Surveyor Director of Public Works
CTTY COUNCILA�ON
APPROVF,D v nF;l�*?F;n
Paul S. Gibson, Director of Finance R��,CCIVEU OTHER
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AGREEMENT FOR
EXCHANGE OF REALPROPERTY AND
CONSTRUCTION OF IMPROVEMENTS
THIS AGREEMENT is made this day of , 2009 (the"Effective
Date")by and between the Desert Sands Unified Schoo] District, a California public school
district located in the County of Riverside, California, (hereinafrer"District") and the City of
Palm Desert(hereinafter"City"). The District and the City aze referred to collectively herein as
the "Parties."
RECITALS
W HEREAS, the District recently completed construction of the Palm Desert Midd(e
School Project("ProjecY'); and
WHEREAS,the Project included construction of a retention basin on real property
owned by the City, as more fully described in the legal description attached hereto as Exhibit
"A" (alo�g with a(I easement and appurtenances thereto,the "City Property"); and
WHEREAS,the District owns certain real property in the vicinity ofthe Project,
including a Tot Lot and Right-of Way, as more fully described in the legal descriptions attached
hereto as Exhibit"B" ("District Tot Lot Property") and Exhibit"C" ("District Right-of-Way
Property") (hereinafter collectively referred to along with all easements and appurtenances
thereto as "District Property");
WHEREAS,the District desires to exchange the District Property for the City Property;
and
WHEREAS,the Parties have determined that the District Property and the City Property
are of equivalent value given the respective uses and locations of each; and
WHEREAS,pursuant to Education Code section 17536, et seq., the District is permitted
to exchange property with the City upon such terms and conditions as the Parties may agree; and
WHEREAS,pursuant to Govemment Code Section 37350 the City is permitted to
exchange property with the district;
NOW THEREFORE, in consideration of the covenants and agreements hereinafter set
foRh, the District and the City hereby agree as follows:
l. PROPERTY TO BE EXCHANGED
1.1 District Property. In exchange for the City Property, District shall convey to
City, subject to the terms and conditions set forth herein, fee simple title in the following:
Agreement for Hxchange of Real Property 1
146406V1 ❑
l.l.l The DistricY Tot Lot Property idenYified in the Legal Description attached
hereto as Exhibit"B"; and
11.2 The District Right of Way Property identified in the Legal Description
attached hereto as E�ibit"C".
1.2 City Property. In exchange for the identified interest in the District Property,
City shall convey to District, subject to the terms and conditions set forth herein, fee simple title
in the City Property identified in the Legal Description attached hereto as Exhibit"A".
1.3 Value of Properties to be Exchanged. The Parties agree that the value of the
District Property and the City Property aze approximately equal in light of the relative size,
location and use of each.
2. TITLE MATTERS
2.1 The District shall obtain, at its own expense, an updated title report on the City
Property, reflecting the current status of title on the property, together with all underlying
documents referred to therein.
2.2 The exchange is conditioned upon District's written approval of the Title RepoR
for the City Property and any supplements to the Title Report and the title insurer's issuance or
commitment to issue at DistricYs expense, an ALTA Owner's Tide Insurance Poticy in favor of
the District insuring title to the City Property in the amount of the value of the City Property
("Title Policy") and subject only to the following permitted exceptions ("Permitted Exceptions"):
2.2.1 The lien of current, non-delinquent real estate taxes and assessments on
the City Property, i£any;
2.2.2 The lien of any supplementa] taxes assessed on the City PropeRy, if any;
2.2.3 Any other matters requested, caused or approved in writing by the
appropriate party.
3. TIME AND MANNER OF EXCHANGE
3.1 Provided the requirements of section 2.2 are met,the exchange of properties
required pursuant to the Agreement shall be effectuated no later than fourteen (14) calendar days
afrer the EffecYive Date. In the event there shall be a delay in the District obtaining a title report
on the City Property pursuant to section 2.1, above,the date of the exchange shall be extended
for such time as is required for the title report to be obtained.
3.2 The exchange shall be by way of a simultaneous exchange of the deeds attached
hereto as Exhibits "D" (District Tot Lot Property) and "E" (District Right-of-Way Property) for
the deed attached hereto as Exhibit"F"(City Property).
3.3 Each party shall be entitled to record the deed or deeds received from the other
party upon receipt of same.
4. INDEMNITY
4.1 District's Iudemnity Obligation. To the fullest extent allowable by law, District
shall defend, indemnify City and hold City hannless from and against all claims, losses,
liabilities, costs and expenses caused by:
Agreement for Exchange of Rcal Property 2
146406V1 -
4.11 The acts or omissions of District, its officers, agents and/or employees
refating to the District Property and/or the City Property and committed prior to the exchange; or
4.1.2 The acts or omissions of District, its officers, agents and/or employees
relating to the City Property and committed subsequent to the exchange.
4.2 City's Indemnity Obligation. To the fullest extent allowable by law, City shall
defend, indemnify District and hold District harmless from and against all claims, losses,
liabilities, costs and expenses caused by:
4.2.1 The acts or omissions of City, its officers, agents and/or employees in
connection with the City Property and/or the District Property committed prior to the exchange;
or
4.2.2 The aets or omissions of City, its officers, agents and/or employees
relating to the District Property and committed subsequent to the exchange.
5. GENERAL PROVISIONS
5.1 Representations of the District. The District represents, covenants and warrants
to the City as follows:
51.1 Due Organization and Existence. The District is a public school district,
duly organized and existing under the Constitution and laws of the State of California.
5.1.2 Authorization. The District has the full power and authority to enter into,
to execute and to deliver this Agreement,and to perform all of its duties and obligations
hereunder, and has duly authorized the execution of this Agreement.
5.1.3 No Violations. Neither the execution and delivery of this Agreement nor
the grant deeds to be provided hereunder, nor the fulfillment of or compliance with the terms and
conditions hereof or thereof,nor the consummation of the transactions contemplated hereby or
thereby, conflicts with or results in a breach of the terms, conditions or provisions of any
restriction or any agreement or instrument to which the District is now a party or by which fhe
District is bound, or constitutes a default under any of the foregoing, or results in the creation or
imposition of any lien, charge or encumbrance whatsoever upon the District Property.
5.1.4 No Litigation. To the DistricYs knowledge, there is no pending or
threatened action or proceeding before any court or federal, state, municipal, or other
govemment authority or administrative agency which will materially adversely affect the ability
of District to perform its obligations under this Agreement.
5.2 Representations of the City. The City represents, covenants and warrants to the
District as follows:
5.21 Due Orgauization and Existence. The City is a California charter city,
organized and existing under the Constitutioo and laws of the State of Califomia and its charter.
5.2.2 Authorization. The City has the full power and authority to enter into, to
execute and to deliver this Agreement, and to perform all of its duties and obligations hereunder,
and has duly authorized the execution of this Agreement.
5.2.3 No Violations. Neither the execution and delivery of this Agreement nor
A�reemen[for Exchange of Real Property 3
146406 V 1 -
the grant deed to be provided hereunder, nor the fulfillment of or compliance with the terms and
conditions hereof or thereof,nor the consummation of the transactions contemplated hereby or
ihereby, conflicts with or results in a breach of the terms, conditions or provisions of any
restriction or any agreement or instrument to which the Ciry is now a party or by which the City
is bound, or constitutes a deFault under any of the foregoing, or results in the creation or
imposition of any ]ien, charge or encumbrance whatsoever upon the City Properry.
5.2.4 No Litigation. To the City's knowledge, there is no pending or threatened
action or proceeding before any court or federal, state, municipal,or other govemment authority
or administrative agency which will materiatly adversely affect [he ability of City to perform its
obligations under this Agreement.
5.3 Right to Specific Performance. Neither Party waives the right of specific
performance if permitted by law. The parties expressly recognize that specific performance shall
be available to enforce performance of this Agreement.
5.4 Notices. All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed to have been received if given or delivered as indicated
below and to the parties at the address indicated below:
5.4.1 If notice is given by personal delivery thereof, it shall be considered
delivered on the day of delivery.
5.4.2 If notice is given by ovemight delivery service, it shall be considered
delivered one (1) day after the date deposited, as indicated by the delivery service.
5.4.3 If notice is given by depositing same in the United States mail, enclosed in
a sealed envelope, it s6all be considered delivered three (3) days after the date deposited, as
indicated by the postmazked date.
5.4.4 If notice is given by registered or certified mail with postage prepaid,
retum receipt requested, it shall be considered delivered on the day the notice is signed for.
If to District: If to City:
Desert Sands Unified School District City of Palm Desert
47-950 Dune Palms Road 73-510 Fred Waring Drive
La Quinta, CA 92253 Palm Desert, CA 92260
Attention: Peggy Reyes Attention: City Clerk
Director of Facilities .Phone: 760-346-0611
Telephone: (760) 777-4200 Fvc: 760-340-0574
With a copy to: With a copy to:
Miller Brown & Dannis Best, Best&Krieger
750 B Street, Suite 2310 74-760 Highway 1 I 1, Suite 200
San Diego, CA 92101 Indian Wells, CA 92210
Attention: Andra M. Donovan, Esq. Attention: David Erwin
Telephone: (619) 595-0202 TEL: 760-568-2611
Pacsimile: (619) 702-6202 FAX: 760-340-6698
Agreemen[for Exchange o(Aeal Property 4
146406V I _
The City and the District, by�otice given hereunder, may designate different addresses to which
subsequent notices, certificates or other communications will be sent.
5.5 Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon City and District and their respective successors,transferees and assigns.
5.6 No Additional Waiver Implied by One Waiver. In the event any provision
contained in this Agreement should be waived, or should be breached by either party and
thereafter waived by the other party, such waiver shall be limited to the particulaz breach so
waived and shall not be deemed to waive any other breach hereunder.
5.7 Severability. In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, unless elimination of such invalid provision
materially alters the rights and obligations embodied in this Agreement.
5.8 Amendments, Changes and Modifications. This Agreement may not be
amended, changed, modified, altered or terminated without the written agreement of both Parties
hereto.
5.9 Ezecution i� Coauterparts. This Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
5.10 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Califomia and venued in fhe County of Riverside.
5.11 Attorney's Fees. In any action or proceeding brought by either paRy regarding
this Agreement, each pazty shall bear the cost of its own attomeys' fees.
512 Captions. The captions or headings in this Agreement are for convenience only
and in no way detine, limit or describe the scope or intent of any provisions or sections of this
Agreement.
5.13 Prior Agreements. This Agreement and the atfached e�ibits including the
deeds referenced herein and the attached eachibits, constitute the entire agreement between the
parties and supersede all prior discussions, negotiations and agreements, whether oral or written.
514 Farther Assurances. Parties shall promptly execute and deliver all documents
and instruments reasonably requested to give effect to the provisions of this Agreement.
515 Recitals Incorporated. The Recitals set forth at the beginning of this Agreement
are hereby incorporated into its terms and provisions by this reference.
5.16 Force Majeure. A party shall be excused from the performance of any obligation
imposed in this Agreement and the e�ibits hereto for any period and to the extent that a party is
prevented from perForming such obligation, in whole or in part, as a result of delays caused by
the other party or third parties, a govemmental agency or entity, an act of God, waz, terrorism,
civil disturbance, forces of nature, fire, flood, earthquake, strikes or lockouts , and such non
performance will not be a default hereunder or a grounds for termination of this Agreement.
Agreement for Eschangc of Real Proper[y 5
146406V t _
5.17 Interpretation. Neither of the Parties hereto, nor their respective counsel, shall
be deemed the drafters of this Agreement for purposes of construing the provisions hereof. The
language in all parts of this Agreement shall in all cases be construed according to its fair
meaning, not stricdy for or against either of the Parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective officers who are duly authorized, as of the Effective Date.
ACCEPTED AND AGREED on the date indicated below:
Dated: /�� Z3 -' , 2009 Dated: , 2009
Desert Sands Uni�ed School District City of Palm Desert
By: C.vY?o �rr By:
Name: Cvnthia McDaniel Print Name: Robert A. Spiegel
Title: Assistant Suoerintendent Print Title: Mayor
Agrecmcnt for Exchangc of Real Property 6
146406 V I -
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On �c�iib2r �.3 �,0�°i before me, �.v,czla c SCui�St'��c� , Notary
Public, personally appeared C;,nC�d �'�r_�tani�( , who proved'to me on the
basis of satisfactory evidence to be t e person whose name is subscribed to the within
instrument and acknowledged to me that s/he executed the same in kis/her authorized
capacity, and that by#ris/her signature on the instrument, the person, or the entity upon
behalf of which the person 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 conect.
..
WITNESS my hand and official seal.
I:N..�t.m.+v��1
LUCILA ESCARSEGA� Signature ofNotary P�c
COMM.i•t88351�
NOTARV PUBUC o CAl1FOWKd �j
RNERSIDECOUNTY -�
Comm.Eup.SEPT.29,2073
134499-2
EXHIBIT "A"
LEGAL DESCRIPTION OF CITY PROPERTY
Aereement for Exchange oCReal Propeny 7
I46406 V 1 =
EXHIBIT"A-1"
LEGAL DESCRIPTION
CITY OF PALM DESERT BASIN PARCEL
Being a portion of Lot 173 of Tract 8237 in the City of Palm Desert, County of Riverside,
State of Califomia, as filed in Book 92, Pages 3-5 inclusive, of Maps in the office of the
County Recorder of said County, tying in the southwest quarter of Section 16,Township
5 South,Range 7 East, SBM,more particularly described as follows:
All of Lot 173,excepting therefrom the north 446.00 feet of said Lot 173.
Contauung 0.84 Acres,more or less.
See exhibit"A-2"attached hereto and made a part hereof.
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EXHIBIT "B"
LEGAL DESCRIPTION OF DISTRICT TOT LOT PROPERTY
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I46406 V 1 �
EXHIBIT"B-1"
LEGAL DESCRIPTTON
DSUSD PALM DESERT MIDDLE SCROOL TOT LOT
Being a portion of the southwest quarter oFSection 16,Tow�ship 5 South, Range 6 East, S.B.M.,
in the City of Palm Desert, County of Riverside, State of Califomia, more particularly described
as fo(lows:
Commencing at the northwest comer of the southwest quarter of said Section 16,T.5 S., R.6 E.,
said comer being the centerline intersection of Portola Avenue and Magnesia Falls Ddve;
Thence North 89°52'35" East, along the centerline of Magnesia Falls Drive, being the north tine
of the southwest quarter of said Section I6,a distance of 923.51 feet;
Thence South 00°07'25" East, a distance of 5025 feet to a point on the southerly right of way
line of Magnesia Falls Drive, said point being the Point of Beginni�g;
Thence South 00°07'25" East, a distance of 104.50 feet to the beginning of a curve concave to
the northeast,having a radius of 115.00 feet;
Thence southerly along the arc of said curve, an arc length of 47.54 feet, through a central angle
of 23°41'l6"to the point of tangency of said curve;
Thence South 23°48'41" East, a distance of 5.65 feet to the beginning of a curve concave to the
northeast,having a radius of 175.00 feet,
Thence southerly along the arc o£said curve, an arc length of I I1.27 feet through a central angle
of 36°25'44",to the point of tangency of said curve;
Thence South 60°14'25" East, a distance of 7.85 feet to the beginning of a curve concave to the
north,having a radius of 50.00 feet;
Thence easterly along the arc of said curve,an arc length of 6233 feet,through a cenual angle of
71°25'46",to the point oE fangency af said curve;
Thence North 48°l9'49" East, a distance of 19.14 fee[to the beginning of a curve concave to Ihe
northwest, having a radius of 140.00 feet;
Thence northerly along the arc of said curve, an arc length of]06.76 feet,through a centraf angle
of 43°41'32", to tHe point of tangency of said curve;
Thence North 04°38'17"East, a distance of 49.47 feet;
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line of Magnesia Falls Drive, being 50.25 feet in half width;
Thence South 89°52'35"West, along the southerly right of way line of Magnesia Falls Drive, a
distance of 215.00 feet the Point of Beginning.
Containing 1.04 acres,more or less.
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EXFIIBIT "C"
LEGAL DESCRIPTION OF DISTRICT RIGHT-OF-WAY PROPERTY
Agreement for Exchan�e of Real Property 9
146406V 1 -
EXFIIBIT "Gl"
LEGAL DESCRIPTiON
MAGNESIA FALLS DRIVE
Being a portion of the southwest quarter of Section 16, Township 5 South, Range 6 East, San
Bemardino Meridian, in the City of Palm Desert, County of Riverside, State of CaliComia, more
}iarticularly described as follows:
Commencing at the Northwest corner of the Southwest %< of Section 16, Township 5 South,
Range 6 East, San Bernardino Meridian, said corner being the centerline intersection of Por[ola
Avenue and Magnes'ra Falls Drive;
Thence North 89°52'35" East along the centerline of Magnesia Falls Drive, bcing the north linc
of thc souYhwest quarter of said Section 16,a distance o£109.23 feet;
Thence, South 00°07'25" East a distance of 50.25 fect to a point on thc southerly right of way
line of Magnesia Falls Drive, said point being the Point of Beginning;
Thence North 89°52'35" East atong said right of way line, a distance of 313.18 feet to a point of
cusp on a curve concave to the south having a radius of 122.00 feet and a central aogle of
L4°28'34", from which a radial linc bears North 00°OT25"West;
Thcnce westerly along said curve, a distance of 30.82 feet to a point of reverse curvature, a radial
line through said point bears South 14°35'S9"East;
Thence westerly a distance of 30.82 feet along said curve concave to the north, having a radius
of 122.00 feet and a ceutral angle of 14°28'34";
Thence South 89°52'35" West tangent to said curve, a distance of 191.19 feet to the beginning of
a tangent curve concave to the north, having a radius of 122.00 feet and a central angle of
14°28'34";
Thence westerly a distance of 30.82 feet along said curve to a point of reverse curvature, a radial
line through said poinf bears North 14°2P09" East;
Thence westerly a distance of 30.82 feet along said curve concave to the south, having a radius
of 122.00 feet and a central angle of 14°28'34" to the Point of Beginning.
Containing 0.04 Acres, morc or less. _
See Exhibit"G2"attached hereto and made a part hereof. �� �AND sG
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EXHIBIT "D"
GRANT DEED FOR DISTRICT TOT LOT PROPERTY
Agreement for Exchange of Real Property 10
I46406V I -
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Palm Desert Civic Center
73-510 Fred Waring Drive
Paim Desert, CA 92260
Attention: City Clerk, Palm Desert
ABOVE SPACE POR RGCORDGR'S USE
NO RECORllING FEE REQUIRED:
EXEMPT PURSUAN"f TO GOVEIWMEN'1'
CODE$ECTION 27383
GRANT DEED
Tax Parcel No.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
DESERT SANDS iJNIFIED SCHOOL DISTRICT, a California public school district
("Grantor"), hereby grants to the CITY OF PALM DESERT, a Califomia municipal
corporation fee title co the following described real property situated in the County of
Riverside, State oPCalifornia:
See Exhibits "A"and"B" attached hereto and made a part hereof
IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and
this instrument to be executed by its duly authorized officer.
DESERT SANDS UNIFIED SCHOOL
DISTRICT, a California pub(ic school district,
BY� C.���Y�a',�C��
i
Name: Cindy McDaniel
Dated: ��"Z3"�� Title: Assistant Superintendent , Business Svc:
LEGAL DESCRIPTION
DSUSD PALM DESERT NIIDDLE SCHOOL TOT LOT
Being a portion of[he southwest quarter of Section 16,Township 5 South, Range 6 East,S.B.M.,
in the City of Palm Desert, County of Riverside, State of Califomia, more particulazly described
as follows:
Commencing at the northwest comer of the southwest quarter of said Section 16,T.5 S., R.6 E.,
said comer being the centerline intersection of Portola Avenue and Magnesia Falls Drive;
Thence North 89°52'35" East, along the centerline of Magnesia Falls Drive, being the north line
of the southwest quarter of said Section 16,a distance of 923.51 feet;
Thence South 00°07'25" East, a distance of 50.25 feet to a point on ffie southerly dght of way
line of Magnesia Falls Drive, said point being the Poi�t of Beginning;
Thence South 00°07'25" East, a distance of 104.50 feet to the beginning of a curve concave to
the northeast,having a radius of 115.00 feet;
Thence southerly along the aze of said curve, an arc length of 47.54 feet, through a central angle
of 23°41'16"to the point of tangency of said curve;
Thence South 23°48'41" East, a distance of 5.65 feet to the beginning of a curve concave to the
northeast,having a radius of 175.00 feet,
Thence southerly along the arc of said curve, an are tength oF 1 I 1.27 feet through a central angle
of 36°25'44",to the point of tangency of said curve;
Thence South 60°14'25" East, a distance of 7.85 feet to the beginning of a curve concave to the
north,liaving a radius of 50.00 feet;
Thence easterly along the arc of said curve, an azc length of 6233 feet, through a central angle of
71°25'46",to the point of tangency af said curve;
Thence North 48°19'49" East, a distance of 19.14 feet to the beginning of a curve concave to the
northwest,having a radius of 140.00 feet;
Thence northerly along the arc of said curve, an azc length of 106J6 feet, through a cen[ral angle
of 43°41'32", to tbe point of tangency of said curve;
I'hence North 04°38'17"East,a distance of 49.47 feet;
EPIC ENGINEERS
101 E.Redlands BIvQ Suite l46 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869
GRANT DEED-EXHIBIT "A" (1 OF 2)
Thence North 00°07'25"West, a distance of 80.I3 feet to a point on the southerly right of way
line of Magnesia Falls Drive,being 50.25 feet in half width;
Thence South 89°52'35"West,along the southerly aght of way line of Magnesia Falls Drive, a
distance of 215.00 feet the Point of Beginning. .
Containing 1.04 acres,more or less.
�Q LAND SG
See exhibit"B-2"attached hereto and made a paR hereof. �?`'��I. �' POf�L
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GRANT DEED -EXHIBIT "A" (2 OF 2)
� - --�- - - - - - - - - -
� $ MAGNESIA FALlS DRIVE g
�Ti�35'E 92351' ^I� _ T _ _
� �(� • j `[HAGNESIA FALLS OflIVE
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CURVEDATATABiE ���o'� D P�l��
SEGMENT ARC TANGENT RADIUS DELTA J' ;
C1 47.54' 21.12' 115.00" 23'41Y6' �
CZ 111.27' S7.59' 175.00' 36 25'f4' i� �`'NO'TM7 +F
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REDLANDS,CA 97373 FAX 908•792-BB� �QQ��T LOT SFIEET.• 1 OF 1
GRANT DEED - EXHIBIT "B"
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On �G�`D(� � d..bo� , before me, LU41�. �ScGrs�eSa , Notary
Public, personafly appeared C'�r�u (41��ccni.�_Q , who prove to me on the
basis of satisfactory evidence to be t e person whose name is subscribed to the within
insirument and acknowledged to me that s/he executed the same ind�is/her authorized
capacity, and that by-k+s/her signature on the instrument, the person, or the entity upon
behalf of which the person 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.
LUCILA ESCARSEGA Signature of Not ublic
� ' COMM.#1863577
r�or�nrrueuc•cauwrww �'
RIVERSIDE COUPITY
Comm.Exp.SEPT.29,2013
EXHIBIT "E"
GRANT DEED FOR DISTRICT RIGHT OF WAY PROPERTY
Agreemem for Exchangc of Rcal Property 1 1
146406V1 �_
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Cit Clerk, Palm Desert
ABOVE SPACE FOR RECORDER'S USE
NO RECORDMG FEE RF,QUIRED:
EXEMPTPURSUANTTO GOVERN�/ENT
CODE SECTION 2�J$3
GRANT DEED
Tax Parcel No.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
DESERT SANDS iJNIFIED SCHOOL DISTRICT, a California public school district
("Grantor") hereby grants to THE CITY OF PALM DESERT, a Califomia municipal
corporation, fee title to the following described real property situated in the County of
Riverside, State of California:
See Exhibits"A" and "B" attached hereto and made a part hereof
IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and
this instrument to be executed by its duly authorized officer.
DESERT SANDS UNLFIED SCHOOL
DISTRICT, a Califomia public school district,
BY� ���^�s ��S��i7(..�
Name: Cindy McDaniel
Dated: ��� Z3 � ' Title: A�.G; .Granr Snnarintandant , Business Svc,
LEGAL DESCRIPTION
MAGNESIA FALLS DRIVE
Being a portion of the southwest quarter of Section 16, Township 5 South, Range 6 East, San
Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of Califomia, more
particulazly described as follows:
Commencing at the Northwest comer of the Southwest '/< of Section 16, Township 5 South,
Range 6 East, San Bernazdino Meridian, said comer being the centerline intersection of Portola
Avenue and Magnesia Falls Drive;
Thence North 89°52'35" East along the centerline of Magnesia Falls Drive, being the north line
of the southwest quarter of said Section 16, a distance of 10923 feet;
Thence, South 00°07'25" East a distance of 50.25 feet to a point on the southerly right of way
line of Magnesia Falls Drive, said point being the Point of Beginning;
Thence North 89°52'3S' East along said right of way line, a distance of 313.18 feet to a point of
cusp on a curve concave to the south having a radius of 122.00 feet and a central angle of
14°28'34", &om which a radial line bears North 00°07'25"West;
Thence westerly along said curve, a distance of 30.82 feet to a point of reverse curvature, a radial
line tluough said point beazs South 14°35'S9"East;
Thence westerly a distance of 30.82 feet along said curve concave to the north, having a radius
of 122.00 feet and a central angle of 14°28'34";
Thence South 89°52'35" West tangent to said curve, a distance of 191.19 feet to the beginning of
a tangent curve concave to the north, having a radius of 122.00 feet and a central angle of
14°28'34';
Thence westerly a distance of 30.82 feet along said curve to a point of reverse curvature, a radial
line through said point beazs North 14°21'09"East;
Thence westerly a distance of 30.82 feet along said curve concave to the south, having a radius
of 122.00 feet and a central angle of 14°28'34"to the Point of Beginning.
Containing 0.04 Acres, more or less. _
See E�chibit"C-2"attached hereto and made a part hereo£ �� ��� SG
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� R=122.00' T=15.49' Fk122.00' T=15.49'
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GRANT DEED - EXHIBIT "B"
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On �ca-o{,aa; �-3� ��"� before me, �u�u l=Scc�rS� a , Notary
Public, personally appeared C,�dy (nc�kr,�y i , who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within
instrume�t and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
�9�LcUt-�
Signature of Notary blic
LUCILA ESCARSEGA
COMM.#7883517
worakv vueuc•cauwrwu �
RIVERSIDE COUNTY +
Comm.Exp.SEPT.29,2013
EXHIBIT °'F"
GRANT DEED FOR CITY PROPERTY
A�reemen[for Ezchange oCReal Propeny 12
146406V1 �-
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Desert Sands Unified School District
47-950 Dune Palms Road
La Quinta, CA 92253
Attention: Peggy Reyes, Director of
Facilities
ABOVE SPACE FOR RECORDFR'S USE
NO RECORDMG FEE REQUIRED:
LXER�T PURSUANT TO GOVERNIv�M
CODE SECTION 273$3
GRANT DEED
Ta;c Parcel No.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF PALM DESERT, a California municipal corporation ("Grantor''), hereby
grants to the DESERT SANDS LTNIFIED SCHOOL DISTRICT, a California public
school district, fee simple title to the following described real property situated in the
County of Riverside, State of California:
See Exhibits"A" and "B" attached hereto and made a part hereof
IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and
this instrument to be executed by its duly authorized officer.
CITY OF PALM DESERT,
a Califomia municipal corporation,
By:
Name: Robert A. SQie�el
Dated: Title: Mayor
134499-2
LEGAL DESCRIPTION
CITY OF PALM DESERT BASIN PARCEL
Being a portion of Lot 173 of Tract 8237 in the City of Palm Desert, County of Riverside,
State of Califomia, as filed in Book 92,Pages 3-5 inclusive, of Maps in the o�ce of the
County Recorder of said County, lying in the southwest quarter of Section 16, Township
5 South,Range 7 East, SBM,more particularly described as follows:
All of Lot 173,excepting therefrom the north 446.00 feet of said Lot 173.
Containing 0.84 Acres,more or less.
See exhibit"A-2"attached hereto and made a part hereof.
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GRANT DEED - EXHIBIT"A"
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o e MAGNEStA FALLS DR/VE Q
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��� �0N�°�� DATE: 10/6/2D09
�t�7 E.RmLANDS BOULEVARD C17Y OF PAL.M DESERT
surre�ae � sos-�sz•ss� BASIN PARCEL • sca�e i'= ioo'
REDLANDS.CA 92373 FAX 909-782.gB89 Sfi`£f.' 1 OF 1
GRANT DEED-EXHIBIT "B"
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On before me, , Notary
Public, personally appeared , who 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 s/he execuYed the same in his/her authorized
capacity, and that by his/her signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ofNotary Public
134499-2
City �f Palin Desert ArcIMS 1VIap Output Page 1 of 1
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