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HomeMy WebLinkAboutQuitclaim Easement APN 627-261-006 - Parking StructureCITY OF PALM DESERT/SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZATION AND APPROVAL OF A CONVEYANCE OF A QUITCLAIM DEED TO THE CITY OF PALM DESERT RELATING TO AN EASEMENT ON CERTAIN REAL PROPERTY (KNOW AS APN 627-261- 006) THE PARKING STRUCTURE AT THE GARDENS ON EL PASEO SUBMITTED BY: Ruth Ann Moore, Economic Development Manager DATE: December 10, 2015 CONTENTS: Second Addendum to Easement Agreement SA Resolution No. 050 Resolution No. 2015-95 Quitclaim Deed Recommendation 1) That the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) waive further reading and adopt Resolution No. 05o authorizing and approving the conveyance of an easement agreement from the Successor Agency to the Palm Desert Redevelopment Agency to the City; 2) That the City Council waive further reading and adopt Resolution No. 2015-95 accepting the conveyance of an easement agreement from the Successor Agency to the Palm Desert Redevelopment Agency; 3) Authorize the City Attorney to make non-sustentative changes to all documents; and, 4) By Minute Motion: Authorize the Chair/Mayor to execute any and all documents necessary for the conveyance. Executive Summary: On June 4, 2014 the State of California Department of Finance (DOF) approved the Long Range Property Management Plan (LRPMP) for the Successor Agency to the Palm Desert Redevelopment Agency that authorized the transfer of the public parking easement agreement at The Gardens on EI Paseo. The above actions will formalize the conveyance of the easement agreement by SARDA and the acceptance of that agreement by The City. With the transfer of the easement agreement from SARDA to the City, the City will then have the right to oversee and amend the public easement agreement. Staff Report Conveyance of Gardens Parking December 10, 2015 Page 2 of 2 Discussion: Easement by SARDA to The City On April 15, 1999, the former Palm Desert Redevelopment Agency received an Easement Agreement over the parking structure at The Gardens on EI Paseo creating pubic parking for the shopping center and district for contributing financially to the construction of the parking structure. The agreement has been amended twice. The first amendment was in January of 2004 to create a storage area for the Courtesy Carts that are operated by the City. The second amendment was in June of 2008 allowing for the removal of parking spaces to expand Saks Fifth Avenue. The expansion did not occur. With the dissolution of the Redevelopment Agency and the creation of SADRA, the Long Range Property Management Plan (LRPMP) was submitted to the Department of Finance and approved on June 4, 2014. Within the LRPMP, a list of easements to be transferred to the City was included as part of the Plan. The easements have no monetary value but should remain with the City for oversight and any amendments that may be required in the future. This easement is being transfer now because it requires an amendment for the dedicated parking of a limited amount of vehicles. The remaining easements in the LRPMP will be transferred in 2016. Fiscal Analysis: The proposed conveyance of the easement agreement from SARDA to the City has no fiscal impact to the General Fund. � Sub ' by: � ' �� ut nn Moor Economic Development Manager Department H d: �-� � � � M in Alvarez :� Director of Economic Development � Rudy�Ccosta Assistant City Manager rova I : CITY Gt�U1�1C'�L✓AG"1'ION �� i �'J � � APP'ROVED bF.1VTL�1f,�, n M. Wohlmuth MLLT � � Manager/Executive Direct�ss NOESs .,L AB5EN'1'� G:\Econ Development\Martin Alvarez\SA Property OriS,iwnl on File wiW City CISe�k•� Otiid O � � � w � � U Q � .., U � .� � c'� 0 b� O C�*� C� J � RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attn: City Clerk's Office DOC # 2009-0130399 03/18/2009 08:00A Fee:NC Pag� 1 of 9 Reeorded in Official Reco�ds County of Riverside Lar�y W. Ward Assessor, County Clerk 8 Recorde� I IIIIII Illlfll IIII IIIII IIIIII III Ilillll III IIIII IIII 1111 'S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF CHG EXAM NLN r/ CV T: CTY UNI V�� [This instrument is exempt from Documentary Transfer Tax pursuant to Revenue and Taxation Code Section 11922 and is exempt from Recorder's Fees pursuant to Government Code Sections � 6103 and 27383J R /� IVI SECOND ADDENDUM TO EASEMENT AGREEMENT 062 This Second Addendum to Easement Agreement (this "Second Addendum") is made and entered into as of the 26 day of June , 2008, by and between the PALM DESERT REDEVELOPMENT AGENCY, a California public agency ("Agency"), and GARDENS SPE II LLC, a Delaware Limited Liability Company (the "Developer"). REC_ WHEREAS, Developer is the owner of that certain real property (the "Propert�'), located in the City of Palm Desert, California and more completely described in Exhibit "A" attached hereto and hereby made a part hereof; WHEREAS, Developer's predecessor in interest developed a shopping center which included, among other features, a parking structure (the "Shopping Center") upon the Property; WHEREAS, Developer's predecessor in interest and Agency previously entered into that certain Easement Agreement dated as of April 15, 1999 (the "Agreement") by which Developer granted to Agency a nonexclusive easement (defined and described in the Agreement as the "Easement") for public parking purposes over the parking structure (defined and described in the Agreement as the "Parking Areas"); WHEREAS, Developer and Agency previously entered into that certain Addendum to Easement Agreement dated as of January 8, 2004 (the "Addendum") by which Developer granted to Agency an expansion of the Easement to permit the Agency to construct and operate a vehicle storage facility on a portion of the Parking Areas to serve the City of Palm Desert's El Paseo Courtesy Shuttle Program (defined and described in the Addendum as the "Storage Easement"); Second Addendum to Easement Agreement (6-19-08) doc (2) �' � � p 0 WHEREAS, on February 28, 2008, May 22, 2008 and June 12, 2008, the City of Palm Desert adopted a series of approvals and entitlements (the "Approvals") to permit Developer to expand the existing Saks Fifth Avenue Building at the Shopping Center and to modify the Parking Areas (the "Project"). Included within such approvals was the approval, execution and recording of that certain Development Agreement by and between the City of Palm Desert and Gardens SPE II, LLC (the "Development Agreement"); and WHEREAS, the Project is consistent with the Easement and the Storage Easement. However, in order to bring the Easement and Storage Easement into conformity with the Project, the Approvals and the Development Agreement, the Agency and Developer desire by this Second Addendum to amend and modify the Agreement and Addendum in accordance with the terms contained herein. NOW, THEREFORE, in consideration of the foregoing, the covenants and promises as set forth herein, and other good and valuable consideration, Developer and Agency agree as follows: 1. Recitals. The above recitals are true and correct. 2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. 3. Certain Ag�reements Inapplicable. The Agreement is hereby amended to remove any and all reference to "that certain Amended and Restated Development Agreement between the City of Palm Desert, California and Developer's predecessor in interest dated Apri14, 1995" and "that certain Amended and Restated Disposition, Development and Implementation Agreement between Developer's predecessor-in-interest and Agency, dated April 4, 1995" since both of these Agreements have expired by their own terms and aze of no further force and effect. 4. Parkin� Site Plan. Paragraph 1 of the Agreement references a certain Pazking Management Plan attached to the Agreement as Exhibit C which may be modified in writing by the Agency and Developer. In light of the Project, the Parking Site Plan attached as Exhibit 1 to the Parking Management Plan is hereby replaced in full with the "Project Parking Site Plan" attached hereto as Exhibit "B". 5. Prioritv of Development AQreement and Project Anvrovals. In applying the terms and provisions of the various agreements and approvals between the Developer, the City and the Agency relative to the subject of parking in the Parking Areas, the terms of the Development Agreement and Project Approvals shall apply, control and govern over any other inconsistent terms and provisions of the Easement, Addendum, or Parking Management Plan. 6. Prioritv of Easement and Addendum. Except as modified or amended by this Second Addendum, the terms of the Easement and Addendum continue to be and are in full force and effect. � , . � � 7. Miscellaneous. A. Amendment. This Second Addendum may be modified only in writing, signed by the parties in interest at the time of the modification. B. Severability. The invalidity or unenforceability of any provision of this Second Addendum, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. C. Recordation. Promptly following the execution of this Agreement, Agency shall cause this Second Addendum to be recorded in the Official Records of Riverside County, California. D. Notice. Any written notice required to be given under the Easement, the Addendum, the Parking Management Plan or this Second Addendum may be given by either personal delivery, by Federal Express (or other reputable overnight courier service (collectively, "Courier")), or by mail. If given by Courier, such notice shall be deemed to have been properly given on the business day immediately following the date same is deposited with such Courier for next-day delivery. If given by mail, such notice shall be deemed to have been properly given forty-eight (48) hours after the time that the same is deposited in the United States mail, certified, or registered, return receipt requested, postage prepaid, addressed as follows (or at such address as either Party may otherwise designate in writing to the other Party): To Developer: Gardens SPE II, LLC c/o Davis Street Land Company 622 Davis Street, Suite 200 Evanston, Illinois 60201 Attn: Robert Perlmutter To Agency: Redevelopment Agency City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Executive Director E. Entire Ag;eement. This Second Addendum contains the entire agreement between Developer and Agency as to the subject matter hereof and supersedes all prior agreements, oral or written, with respect thereto. F. Authoritv. Each Party represents and warrants that it has the sole right and exclusive authority to enter into this 5econd Addendum. G. Counterparts. T'his Second Addendum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. . � � IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to be executed as of the date first above written. DEVELOPER: Gardens SPE II, LLC, a Delaware limited liability company B}Y (�'/����7� Robert Perlmutter Its: Manager AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT, CALIFORNIA, a public agency organized and existing under the laws of the State of California By: Robert A. Spiegel, C ai Attest: �� ,�I������ � � � - � 4 , . � � STATE OF ILLINOIS COUNTY OF COOK On M42u+ 3 , 20� before me, K� µ,g 6ci.�-I A I��rtLray- , a Notary Public, personally appeared iZ v t3 r�-r f�+zc�.w,rE�t , 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. Signature q� OFFICIAL SEAL KM�EltIY A MARTIN pOTAM /t�IC - 3TA7E GF �LM01� 11r OOMMNplp'I�O�n1l1! STATE OF CALIFORNIA COUNTY OF RNERSIDE On Y►?Q�Ch /I 20 Q9 , before me, /Yi . C-�(�-il�l.. �i41�i�'1P�- , a Notary Public, personally appeazed��A.SoJeqe/ ar�f li[tchP(Ie�.��sSen , who proved to me on the basis of satisfactory evidence to be e person(�js whose name(� i+�/�subscribed to the within instrument and acknowledged to me tbat h,b/s�fe/� executed the same in hi�/l�er/�i authorized capacity(�s, , and that by hj,�/�er t e signature�on the instrument the personQ,�, or the entity upon behalf of which the person� acted, executed the instrument. I certify under PENALTY OF PERJiJRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . Signature ' M. GLORIA MAkTINEt Commission #► 1697036 � � Notary Publ� - Califomla � Rivaalda Counly My Comm. Expkea Od 29, 201 _____ _ _.....�,�_ �J � EXHIBIT "A" LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY The Gardens on El Paseo Shopping Center: PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RNERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Assessors Parcel Number: 627-261-006-4 ,. • � � EXHIBIT "B" PROJECT PARI�NG SITE PLAN RESOLUTION NO. SA-RDA 050 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING AND APPROVING THE CONVEYANCE OF A QUITCLAIM DEED TO THE CITY OF PALM DESERT RELATING TO AN EASEMENT ON CERTAIN REAL PROPERTY KNOWN AS A.P.N. 627-261-006 RECITALS: WHEREAS, AB X1 26 and AB X1 27 were signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code), including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85"). WHEREAS, The City Council of the City of Palm Desert (the "City") made an election to serve as the Successor Agency to the Palm Desert Redevelopment Agency (the "Agency") under Part 1.85 (the "Successor Agency"). WHEREAS, The City Council, acting as the governing board for the Successor Agency, established rules and regulations applicable to the governance and operation of the Successor Agency, and pursuant to such resolution provided that the Successor Agency will be governed by a Board of Directors (the "Board") consisting of the members of the City Council of the City. WHEREAS, The Long Range Property Management Plan was approved by the State of California Department of Finance on June 2, 2014 allowing for the conveyance of the easements granted to the Agency pursuant to that certain Easement Agreement dated as of April 15, 1999 (as amended from time to time, the "Easement Agreement"), between The Gardens on EI Paseo LLC, a Delaware limited liability company (the "Developer"), as the successor-in-interest to EI Paseo Properties Limited Partnership, a Delaware Limited Partnership, by which Developer's predecessor granted to Agency a nonexclusive easement for public parking purposes over the parking structure as described in the Easement Agreement. WHEREAS, the Board desires to authorize and approve the conveyance of the interests in the real property described in the Quitclaim Deed attached hereto as Exhibit A. The form of the deed may be subject to minor, non-substantive amendments as approved by legal counsel to the Successor Agency. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: 72500.00000�21965 884.1 Resolution No. SA-RDA 050 Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Board hereby authorizes and approves the conveyance of the interests in real property described in the Quitclaim Deed and authorizes and directs the Chair to execute and deliver the Quitclaim Deed. Section 3. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers or staff are hereby ratified and confirmed. PASSED, APPROVED, AND ADOPTED this day of . 2015. AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY -2- Resolution No. SA-RDA 050 ATTACHMENT "A" FORM OF QUITCLAIM DEED -3- Resolution No. SA-RDA 050 Quitclaim Deed As to Form RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] 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 Section 6103. The SUCCESSOR AGENCY TO 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, obligations, and interest in, under, and to that certain Easement Agreement dated April 15, 1999, and recorded on April 30, 1999 as Document No. 1999-186557 in the official records of Riverside County, California, as amended by that certain Addendum to Easement Agreement, dated January 8, 2004, and recorded on April 9, 2004, as Document No. 2004-0258852 in the official records of Riverside County, California, and as further amended by that certain Second Addendum to Easement Agreement dated as of June 26, 2008, and recorded on March 18, 2009, as Document No. 2009-0130399 in the official records of Riverside County, California (as amended, the "Easement Agreement"), which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: . 2015 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic � Susan Marie Weber, Chair 72500.00000�21933484.1 Resolution No. SA—RDA 050 ACKNOWLEDGEMENT Quitclaim Deed As to Form A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF On before me, , 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. Signature (Seal) 72500.00000�21933484.1 Resolution No. SA—RDA 050 Quitclaim Deed As to Form CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2015, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2015, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation � Susan Marie Weber, Mayor ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, , 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. Signature (Seal) 72500.00000�21933484.1 Resolution No. SA-RDA 050 EXHIBIT A LEGAL DESCRIPTION PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA Assessor's Parcel Number: 627-261-006-4 72500.00000�21933484. I RESOLUTION NO. 2015-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ACCEPTING QUITCLAIM DEED CONVEYED TO THE CITY OF PALM DESERT FROM THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY WHEREAS, The Palm Desert Redevelopment Agency ("Agency") previously entered into that certain Easement Agreement dated as of April 15, 1999 (as amended from time to time, the "Easement Agreement"), between The Gardens on EI Paseo LLC, a Delaware limited liability company (the "Developer"), as the successor-in-interest to EI Paseo Properties Limited Partnership, a Delaware Limited Partnership, by which Developer's predecessor granted to Agency a nonexclusive easement for public parking purposes over the parking structure as described in the Agreement; and WHEREAS, the Successor Agency to the Palm Desert Redevelopment Agency (as the successor-in-interest to the Agency) desires to convey its right, title, obligations and interest in the Easement Agreement to the City pursuant to a quitclaim deed, the form of which is attached hereto as Exhibit A(the "Quitclaim Deed"); and WHEREAS, the City Council desires to accept the interest in real property conveyed by the Quitclaim Deed; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert that the City hereby accepts the interests in real property conveyed by the Quitclaim Deed attached hereto as Exhibit A. The form of the deed may be subject to minor, non-substantive amendments as approved by the City Attorney. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the Certificate of Acceptance for the above referenced deed on behalf of the City, and the Mayor and the officers and staff of the City are hereby authorized to take such other actions as are necessary to carry out the direction as set forth in this Resolution. Resolution No. 2015-95 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, on this day of December, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Resolution No. 2015-95 EXHIBIT A QUITCLAIM DEED Resolution No. 2015-95 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] 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 Section 6103. The SUCCESSOR AGENCY TO 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, obligations, and interest in, under, and to that certain Easement Agreement dated April 15, 1999, and recorded on April 30, 1999 as Document No. 1999-186557 in the official records of Riverside County, California, as amended by that certain Addendum to Easement Agreement, dated January 8, 2004, and recorded on April 9, 2004, as Document No. 2004-0258852 in the official records of Riverside County, California, and as further amended by that certain Second Addendum to Easement Agreement dated as of June 26, 2008, and recorded on March 18, 2009, as Document No. 2009-0130399 in the official records of Riverside County, California (as amended, the "Easement Agreement"), which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2015 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic � Susan Marie Weber, Chair 72500.00000�21933484.1 Resolution No. 2015-95 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, , 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 offcial seal. Signature (Sea]) 72500.00000�21933484.1 Resolution No. 2015-95 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2015, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2015, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation : Susan Marie Weber, Mayor ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, , 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), ar 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. Signature (Seal) 72500.00000�21933484.1 Resolution No. 2015-95 EXHIBIT A LEGAL DESCRIPTION PARCELS 1 AND 2 OF PARCEL MAP NO. 4655 IN THE CITY OF PALM DESERT COUNTY OF RIVERSIDE, BOOK 7, PAGE 42 OF CALIFORNIA. , , STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA Assessor's Parcel Number: 627-261-006-4 72500.00000�21933484.1 � � � , ��_ p � �= � � \ i i i i i i i i i i i , i i � i i ; , , ; i i i � i i i i i � � ;,' o� �� �� ; s� � � i �_ — --_— ,__ _ _ _ _ _. _ _ _ _ _ �rx�3nao�avd rms _ _ _ _._..----._._.._.._ ...._._._ ___..__--------- �,i-- — -- - �--- — - - —� �- /' I�- I � � � r� -- � �I I I I I I I�-T - i - L�Ll1�_L I i i i I t 1_1..LL1� -- i - — j - �TTl fiTil �Ti�17��`T� - , - IIIIIIIIII IIIIIIII -- i " �lilililil�111111'1 � o I - ��������������_11�1� �� �� � ��7 �T7Ti1-TT TTTP - 3 � ! 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