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HomeMy WebLinkAboutR24000 - Country Club HA, Inc. - Acquisition of Property - Contract No. R24000 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AGENCY BOARD APPROVAL OF THE ACQUISITION OF PROPERTY FROM THE PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION FOR USE IN THE 20-ACRE AFFORDABLE HOUSING PROJECT BETWEEN MERLE STREET AND 42ND AVENUE SUBMITTED BY: LAURI AYLAIAN, REDEVELOPMENT MANAGER SELLER: PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. 42-500 PORTOLA AVENUE PALM DESERT, CA 92260 DATE: AUGUST 25, 2005 CONTENTS: 1. PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. 2. SITE MAP Recommendation: By Minute Motion, that the Agency Board approve the acquisition of property from the Portola Country Club Homeowners Association, Inc., for use in the 20- Acre Affordable Housing Project and authorize Agency Chair to execute the Purchase and Sale Agreement and Escrow Instructions. Executive Summary: Approval of the staff recommendation allows the Agency to acquire property that will be used to enhance the 20-Acre Affordable Housing Project west of Hovley Gardens Apartments. The property will be acquired for $1.00 plus the Agency's commitment to construct a block wall along the boundary between the Portola Country Club and the affordable housing site. Background: The Agency has entered into a development agreement with ComDyn PD LLC to build 94 single family homes and 27 senior rental apartments on 20 acres of land between the Hovley Gardens Apartments and the Portola Country Club. A tentative tract map for the • Contract No. R24000 Staff Report Authorize Acquisition of Property from Portola Country Club for use in the 20-Acre Affordable Housing Project Page 2 of 2 August 25, 2005 project has been approved by the Palm Desert City Council. The tract map and the engineering completed to date anticipate that a narrow strip of land on the east of the Portola Country Club will be deeded to the Agency for use in the project. The agreement was reached in concept with the homeowners' association two years ago in response to suggestions made by residents and by the Redevelopment Agency staff. The strip of land, which varies in width but is no more than 15 feet wide, is currently unused and is separated from the properties of the individual homeowners by fencing, low walls, and oleander shrubs. Were the Agency to not acquire or use this property, it would become a maintenance problem for the homeowners' association in the future. Therefore, Agency staff proposes to purchase, and the homeowners' association has agreed to sell for $1.00, the strip of land in question under the condition that the Agency construct a six-foot high block wall between the new project and the back yards of the individual homeowners in the Portola Country Club. Construction of the new wall will require that the existing shrubbery, fencing, and low walls be demolished first. The end result will be an enhanced project for the affordable housing development and an improved wall condition for the homeowners, plus the elimination of a potential maintenance problem created by a very long, narrow strip of land bounded by a wall on one side and shrubbery and fencing on the other. Agency staff recommends approval of the subject Purchase and Sale Agreement so that development of the affordable housing project may continue as currently proposed. Submitted by: Department Head: Lauri Aylaian Dave Yrig , Redevelopment Manager Director o evelopment/Housing bl Approval: \ , . 4 ':: z/ ii .i//L n McCarthy, AC ` - :evelopment Paul S. Gibson, Director of Finance Carlos L. Orteg./xecutive Director G:\RDA\Beth Longman\Staft Reports Ayiaian'Ponofa CC Property Acq 082505.doc • • Contract No. R24000 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS(the "Agreement") is made and entered into as of ,2005(the"Effective Date"), by and between the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic(the "Buyer"), and the PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a California nonprofit mutual benefit corporation (the "Seller"), with respect to the following facts: RECITAL Seller is the owner of and desires to sell to Buyer that certain land situated in the City of Palm Desert, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Land"), together with all improvements thereon and all the rights and appurtenances pertaining to such property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of- way (collectively, the "Property"); NOW, THEREFORE, in consideration of the terms and conditions of this Agreement and for other valuable consideration, the receipt of which is hereby acknowledged, the Buyer and Seller agree as follows: 1. Purchase and Sale. Subject to and in accordance with the terms and conditions hereinafter set forth, on the Close of Escrow(as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller. 2. Opening and Closing of Escrow. Within five (5)days after the Effective Date, an escrow (the "Escrow") with LandAmerica Southland Title, 72-880 Fred Waring Drive, Suite A-1, Palm Desert, CA 92260 (Escrow Officer: Gianna Bova; Phone: 760/568-3406; fax: 760/836-0256; Escrow No. PD11673GB) (the "Escrow Holder"). For the purposes of this Agreement, the Escrow shall be deemed to be opened on the date on which Escrow Holder shall have received a fully executed copy of this Agreement from Buyer and/or Seller. The "Close of Escrow"shall be the date that a grant deed for the Property in favor of Buyer is recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur on or before the date that is thirty(30)days after the Effective Date (the "Closing Date"). 3. Purchase Price; Construction Covenant. The purchase price for the Property to be paid by Buyer is the sum of One and No/100 Dollars ($1.00) (the "Purchase Price"). Buyer hereby agrees to construct, at Buyer's cost, a wall substantially as described on Exhibit "C" attached hereto. 4. Delivery of Documents on the Close of Escrow. a. On the Close of Escrow, Seller covenants and agrees to cause to be delivered to Buyer a duly executed and acknowledged Grant Deed in the form attached as Exhibit"B" attached hereto (the"Grant Deed")conveying P6402\0001\823346v I Contract No. R24000 to Buyer all of Seller's interest in the Property subject only to the Permitted Title Exceptions (as hereinafter defined) approved by Buyer, as provided below. b. At the Close of Escrow, Buyer shall receive the Title Policy (as defined in Section 5) issued by LandAmerica Southland Title, 650 East Hospitality Lane, Suite 280, San Bernardino, California 92408(Title Officer: Cher Fricks; Phone: 909/890-9129; fax: 909/890-1535) (the `Title Company") insuring in Buyer fee simple title to the Property, and Buyer's interest under the easements described in Section 7(c) below, free and clear of all liens and encumbrances other than the Permitted Title Exceptions (as defined in Section 5). 5. Title and Title Insurance. a. Within five (5) days after the Effective Date, Seller shall deliver to Buyer a preliminary report for the Property from Title Company together with copies of all instruments noted as exceptions therein(the "Preliminary Title Report") and Buyer shall have the option of ordering an ALTA survey for the Property pursuant to the terms set forth in Section 14 below (and, if so elected by Buyer but subject to obtaining the consent of the applicable owners,for all of the property that is subject to the easements described in Section 7(c) below)(the "Survey"). In the event any such property owner does not give its consent to such survey, Buyer may terminate this Agreement by written notice to Seller given prior to the Closing Date. b. Buyer shall have seven (7) days after the date of Buyer's receipt of the Preliminary Title Report or Survey, respectively, to disapprove any exceptions to title shown on the Preliminary Title Report or reflected on the Survey (collectively, "Disapproved Exceptions") and to provide Seller with notice of disapproval in writing describing the defect with reasonable particularity (the "Disapproval Notice"). Any exceptions to title not disapproved by Buyer within the applicable seven (7) day period shall be deemed approved. If Buyer disapproves any exceptions for the Property, or if Buyer disapproves any title exceptions for the property that is to be subject to the easements described in Section 7(c) below(based on any title report obtained by Buyer for such property or a portion thereof), Buyer may, in its sole and absolute discretion, terminate this Agreement by written notice to Seller given prior to the Closing Date. c. Buyer's fee title to the Property, and interest under the easements described in Section 7(c) below, shall be insured at the Close of Escrow by an CLTA Standard Coverage Owner's Policy of Title Insurance in the amount of $200,000, issued by Title Company (unless, at the option of Buyer, the title shall be insured by an ALTA Extended Coverage Owner's Policy of Title Insurance) (the "Title Policy"). The Title Policy shall insure Buyer's interests free and clear of all liens, encumbrances, restrictions, and rights-of-way of P6402\0001\823346v1 2 Contract No. R24000 record, subject only to the following permitted conditions of title (the "Permitted Title Exceptions"): i.The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and ii.Those title exceptions approved by Buyer pursuant to Section 5(b). Seller shall not encumber, sell or transfer, or agree to encumber, sell or transfer, the Property or any portion thereof or interest therein to any other party during the period from the Effective Date to the earlier of the Close of Escrow or the date of the termination of this Agreement. 6. Deposit of Documents and Funds in Escrow. a. Seller and Buyer, as applicable, hereby covenant and agree to deliver to Escrow Holder at least one(1)day prior to the Close of Escrow the following instruments, documents, and funds, the delivery of each of which shall be a condition of the Close of Escrow. b. Seller shall deliver: i. The Grant Deed duly executed and acknowledged by Seller; ii. A Withholding Exemption Certificate Form 593-C as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller; iii. A Certification of Non-Foreign Status in accordance with Internal Revenue Code Section 1445 duly executed by Seller; and iv. Such funds as are required to pay for charges payable by Seller hereunder. c. Buyer shall deliver: i. The Purchase Price together with such funds as are required to pay for costs and expenses payable by Buyer hereunder; ii. A Certificate of Acceptance (for the Grant Deed), duly executed by Buyer and acknowledged. iii. Such proof of Buyer's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. P6402\0001\823346v1 3 • Contract No. R24000 d. Buyer, Seller or the applicable property owners shall deliver the easements described in Section 7(c) below, duly executed and acknowledged by the applicable property owners (the "Easements"). 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the Grand Deed and Easements and disburse the funds and distribute the documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. The Title Company can issue in favor of Buyer the Title Policy, with a liability in the amount of$200,000, showing fee title to the Property vested in Buyer, and insuring Buyer's interests under the Easements, subject only to the • Permitted Title Exceptions. b. Seller and Buyer (and/or other property owners) shall have deposited in Escrow the documents and funds required pursuant to Section 6; c. Buyer has obtained from the owners of the parcels described on Exhibit "D" construction, maintenance and encroachment easements acceptable to Buyer for the construction maintenance and encroachment of the concrete block wall that will be primarily located on the Property, and such easements shall be recorded concurrently with the Close of Escrow and shall be insured by the Title Policy(subject to the Permitted Exceptions, if applicable, and any other title exceptions expressly approved by Buyer in writing). Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for the issuance of the Title Policy. 8. Escrow Charges and Prorations. a. Buyer shall pay (i) all of the escrow fees and charges of Escrow Holder, (ii) the cost of the premium for the Title Policy in excess of the premium for a CLTA Standard Coverage policy, if any, (iii)the cost of all endorsements to the Title Policy, and (iv) all costs and charges for the recordation of the Grant Deed and Easements. If the Escrow shall fail to close for any reason other than Seller's or Buyer's default, Buyer shall pay one-half (1/2) of any applicable Escrow cancellation charges. If the Escrow shall fail to close due to Seller's default, Seller shall pay all Escrow cancellation charges. If the Escrow shall fail to close due to Buyer's default, Buyer will pay all Escrow cancellation charges. b. Taxes and assessments shall be apportioned and prorated with respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with title to the Property during the entire day upon which the Close of Escrow occurs. (If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller shall be charged at the Close of Escrow an amount equal to that portion of such P6402\0001\823346v1 4 • Contract No. R24000 taxes and assessments which relates to the period before the Close of Escrow and Buyer shall pay the taxes and assessments prior to their becoming delinquent.) Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed shall be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties shall make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. All delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property shall be paid by Seller. c. All prorations shall be determined on the basis of a 360-day year. The provisions of this Section 8 shall survive the Close of Escrow. 9. Buyer's Conditions. Buyer's obligations under this Agreement are expressly made subject to the following conditions precedent solely for the benefit of Buyer. The Close of Escrow and Buyer's obligation to consummate the purchase of Property shall be contingent upon and subject to written notice to Escrow Holder by Buyer of the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. Buyer's obtaining a satisfactory commitment issued by Title Company to issue the Title Policy in favor of Buyer with a liability amount in the amount of $200,000 showing Buyer's fee interest in the Property(and Buyer's interests under the Easements) subject only to the Permitted Title Exceptions, and being otherwise in accordance with the provisions of Section 5 of this Agreement, and expressly insuring against the claims of any persons in possession of all or any part of the Property and the claims of any mechanics or materialmen. b. Seller's delivery of all documents required to be delivered by Seller pursuant to Section 6 hereof. c. Buyer's inspection of the Property, including preparing a survey(if elected by Buyer), inspection of soils conditions and the environmental condition of the Property. If all the foregoing conditions precedent have not been either met to Buyer's sole satisfaction or expressly waived in writing by Buyer on or before the respective dates set forth therein, or if no date is set forth therein on or prior to the Close of Escrow, then this Agreement shall, at the option of Buyer, become null and void, in which event, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder. 10. Seller's Contingencies. For the benefit of Seller, the Close of Escrow and Seller's obligation to consummate the sale of the Property shall be contingent upon and subject to written notice to the Escrow Holder by Seller of the occurrence of all of the P6402\0001\823346v1 5 • •• Contract No. R24000 following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow: a. Deposit by Buyer of any and all sums to be deposited by Buyer in Escrow in accordance with the requirements hereof. b. Buyer's delivery of all documents required to be delivered by Buyer pursuant to Section 6 hereof. 11. Survey. Buyer may, at Buyer's sole cost and expense, enter onto the Property to inspect the condition of the Property and/or perform an ALTA survey of the Property. If the survey shows any easements that would materially and adversely affect Buyer's intended use of the Property or the property that will be subject to the easements described in Section 7(c), then Buyer shall have the right to terminate this Agreement, in which event, except as expressly set forth in this Agreement, neither party shall have any further rights, duties or obligations hereunder. 12. Default. In the event of a breach or default under this Agreement by either Seller or Buyer, the non-defaulting party shall have the right to terminate this Agreement and the Escrow for the purchase and sale of the Property by delivering written notice thereof to the defaulting party and to Escrow Holder. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies against the defaulting party at law or equity. 13. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260 • Attn.: Ms. Lauri Aylaian, Redevelopment Manager Phone:(760) 346-0611 Fax: (760) 341-6372 Seller: Portola Country Club Homeowner's Association 42-500 Portola Avenue Palm Desert, California 92260 Phone: 760/346-5481 Fax: 760/779-1761 P6402\0001\823346v1 6 • Contract No. R24000 Escrow Holder: LandAmerica Southland Title 72-880 Fred Waring Drive, Suite A-1 Palm Desert, CA 92260 Attn: Gianna Bova, Escrow Officer Phone: 760/568-3406 Fax: 760/836-0256 14. Time is of the Essence. The parties hereto agree that time is of the essence with respect to each term, condition and covenant hereof. 15. Successors and Assigns. The provisions of this Agreement are expressly binding upon, and shall inure to the benefit of, the parties hereto and their successors in interest and assigns. 16. Entire Agreement. This Agreement, together with all exhibits hereto, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 17. Severability. Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by judgment or court order shall in no way affect any of the other terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and effect. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Seller and Buyer and deposited with Escrow Holder. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. P6402\0001\823346v1 7 • Contract No. R24000 20. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of this Agreement, facsimile signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. BUYER: SELLER: • PALM DESERT REDEVELOPMENT PORTOLA COUNTRY CLUB AGENCY, a public body, corporate and HOMEOWNERS ASSOCIATION, INC., politic a California nonprofit mutual benefit corporation By By:��'j�,,,� . . va_z./) Print Name: Print Name lt/at v.. Gt,Tch` A4 a Title: Title: Attest: Rachelle D. Klassen, Secretary P6402\0001\82 3 346v 1 8 • Contract No. R24000 EXHIBIT "A" Legal Description of the Land That certain land in the City of Palm Desert, County of Riverside, State of California described as follows: Lot"0", as shown on amended Tract No. 11215-1, on file in Book 103, Pages 31 through 37, inclusive, of Maps; Together with those portions of Lots "A", "AA" and "FF", as shown on Tract No. 4399, on file in Book 77, Pages 31 through 36, inclusive, of Maps, and that portion of Parcel "C" of Parcel Map Waiver No. 03-01, recorded April 7, 2003, as instrument No. 2003-242503, all of records of Riverside County, described as a whole as follows: Commencing at northeast corner of said Parcel "C"; Thence south 00°02'48" west a distance of 199.75 feet along the easterly line of said Parcel "C" to the true point of beginning; Thence continuing along said easterly line, south 00°02'48" west a distance of 1,102.99 feet to a line that is parallel with and 33.00 feet northerly of the centerline of Merle Drive, as shown on said Tract No. 4399; Thence along said parallel line and continuing westerly along the southerly line of said Lot "FF", south 89°48'10" west a distance of 46.25 feet; Thence leaving said southerly line north 00°16'08" east a distance of 157.03 feet; Thence north 50°00'09" west a distance of 18.74 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 80.00 feet, a radial line passing through said point bears north 89°57'05" west, said point also being the southwesterly-most corner of said Parcel "C"; Thence along the westerly line of said Parcel "C" through the following four courses: Thence northerly along the arc of said curve, through a central angle of 12°51'04", an arc distance of 17.94 feet; Thence tangent to last mentioned curve, north 12°48'08" west a distance of 50.00 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 75.00 feet; Thence northeasterly along the arc of said curve, through a central angle of 91°18'43", an arc distance of 119.53 feet to an angle point in said westerly line of Parcel "C", a radial line passing through said point bears north 11°29'25" west; P6402'\0001\8 23346v 1 A-1 Contract No. R24000 Thence non-tangent to last mentioned curve, north 00°02'48" east a distance of 777.42 feet to the northeast corner of lot 61 of said amended Tract No. 11215-1; Thence south 89°57'12" east a distance of 15.00 feet to the point of beginning. Subject to existing easements, covenants, rights and rights-of-way of record. Containing 29,522 square feet or 0.678 acres, more or less. P 6402\0001\823346v 1 A-2 Contract No. R24000 EXHIBIT "B" FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: PALM DESERT REDEVELOPMENT AGENCY 73-510 Fred Waring Drive Palm Desert, California 92260 Attn.: Gloria Martinez [SPACE ABOVE FOR RECORDER'S USE ONLY] GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: This transfer is exempt from documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a California nonprofit mutual benefit corporation ("Grantor") hereby grants to the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, certain real property located in the City of Palm Desert, County of Riverside, State of California, more particularly described on "Exhibit A" attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: 60T.li, , 2005 PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a California nonprofit mutual benefit corporation By: "l/in-, e9-lL-( ,'qy6 - Attest: Print Name: dt/A4 .. urc�;M.0 Title: City Clerk P6402\0001\823346v 1 B-1 Contract No. R24000 STATE OF c ',Fo,PNM ) ) ss. COUNTY OF teli/AeS/DDE' ) On the Cg day of&tar' , 2005, before me,Alf, / ewe personally appeared(i),/,[iAa r. GurcH ye selr p- t e-f (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sloe executed the same in his/firer authorized capacity and that by his/l/ef signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. '��;,�o..,� MaRsf�w i_irnE Commission#1363623 kat% ?i��''�� Notary Public-California � Riverside loun_ty_My Comm.ExpireAug 1,2006I Notary Public - - - - '" — — SEAL: STATE OF ) ss. COUNTY OF ) On the day of , 2005, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed 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. WITNESS my hand and official seal. • Notary Public SEAL: P 6402\0001"823346v 1 B-2 Contract No. R24000 EXHIBIT A to Grant Deed Legal Description of Property That certain land in the City of Palm Desert, County of Riverside, State of California described as follows: Lot "0", as shown on amended Tract No. 11215-1, on file in Book 103, Pages 31 through 37, inclusive, of Maps; Together with those portions of Lots "A", "AA" and "FF", as shown on Tract No. 4399, on file in Book 77, Pages 31 through 36, inclusive, of Maps, and that portion of Parcel "C" of Parcel Map Waiver No. 03-01, recorded April 7, 2003, as instrument No. 2003-242503, all of records of Riverside County, described as a whole as follows: Commencing at northeast corner of said Parcel "C"; Thence south 00°02'48" west a distance of 199.75 feet along the easterly line of said Parcel "C" to the true point of beginning; Thence continuing along said easterly line, south 00°02'48" west a distance of 1,102.99 feet to a line that is parallel with and 33.00 feet northerly of the centerline of Merle Drive, as shown on said Tract No. 4399; Thence along said parallel line and continuing westerly along the southerly line of said Lot "FF", south 89°48'10" west a distance of 46.25 feet; Thence leaving said southerly line north 00°16'08" east a distance of 157.03 feet; Thence north 50°00'09" west a distance of 18.74 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 80.00 feet, a radial line passing through said point bears north 89°57'05" west, said point also being the southwesterly-most corner of said Parcel "C"; Thence along the westerly line of said Parcel "C" through the following four courses: Thence northerly along the arc of said curve, through a central angle of 12°51'04", an arc distance of 17.94 feet; Thence tangent to last mentioned curve, north 12°48'08" west a distance of 50.00 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 75.00 feet; P6402\0001\823346v1 B-3 Contract No. R24000 Thence northeasterly along the arc of said curve, through a central angle of 91°18'43", an arc distance of 119.53 feet to an angle point in said westerly line of Parcel "C", a radial line passing through said point bears north 11°29'25" west; Thence non-tangent to last mentioned curve, north 00°02'48" east a distance of 777.42 feet to the northeast corner of lot 61 of said amended Tract No. 11215-1; Thence south 89°57'12" east a distance of 15.00 feet to the point of beginning. Subject to existing easements, covenants, rights and rights-of-way of record. Containing 29,522 square feet or 0.678 acres, more or less. • P6402',.0001\823 346v 1 B-4 Contract No. R24000 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed dated , 2005, from the PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer or agent on behalf of the Palm Desert Redevelopment Agency pursuant to authority conferred by resolution of the board of the Palm Desert Redevelopment Agency, adopted on , 2005, and the grantee consents to recordation thereof by its duly authorized officer. PALM DESERT REDEVELOPMENT AGENCY BY: Name: Title: DATED: , 2005 P6402\0001\823346v1 B-5 Contract No. R24000 EXHIBIT "D" PARCELS THAT ARE TO BE SUBJECT TO EASEMENTS (IF SO ELECTED BY BUYER) APN STREET ADDRESS 624-060-021 74-492 Azurite Circle 624-060-022 74-498 Azurite Circle 624-060-023 74-504 Azurite Circle 624-060-024 74-510 Azurite Circle 624-060-025 74-516 Azurite Circle 624-060-026 74-522 Azurite Circle 624-060-027 74-528 Azurite Circle 624-060-028 74-534 Azurite Circle 624-060-086 None 624-090-004 74-604 Azurite Circle 624-090-005 74-596 Azurite Circle 624-090-006 74-588 Azurite Circle 624-090-007 74-582 Azurite Circle 624-090-008 74-576 Azurite Circle 624-090-009 74-570 Azurite Circle 624-090-010 74-564 Azurite Circle 624-090-011 74-558 Azurite Circle 624-090-012 74-552 Azurite Circle 624-090-013 74-546 Azurite Circle 624-090-014 74-540 Azurite Circle P6402\0001\823346v1 D-1 Attachment to 25 August 2005 Staff Report Portola Gxnitry Club Land Acquisition 621-7B POR.NE!/4, NWI/4,SEC. /6 T5S.R.6E. 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