CC Resolution 2019-042 Sheppard Trust Property Sale APN: 777-174-001RESOLUTION NO. 2019 - 042
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
AN AGREEMENT FOR PURCHASE AND SALE AND
ESCROW INSTRUCTIONS BETWEEN THE CITY OF
LA QUINTA AND MICHAEL P. SHEPPARD AND
KAREN M. SHEPPARD DECLARATION OF TRUST
FOR CERTAIN VACANT PROPERTY IDENTIFIED
AS ASSESSOR’S PARCEL NUMBER (APN) 777-
174-001
WHEREAS, on October 21, 1991, the City Council adopted Resolution
No. 1995-075, approving the acquisition of certain real property described as
Lot 190, Desert Club Tract Unit No. 5, APN 769-041-001 (A11)), from Mr. and
Mrs. Irwin, ad Mr. Bateman, approximately 11,000 square feet, for a total cost
of $60,000; and
WHEREAS, on December 3, 1991, the City of La Quinta (the “City”), a
California municipal corporation, took ownership of the property and recorded
DOC # 418555 with the County of Riverside; and
WHEREAS, approximately 1,000 square feet of the acquired land was
used to facilitate the construction of a frontage road parallel to Washington
Street, between Avenida La Fonda and Avenida Nuestra, named Calle
Tamazula; and
WHEREAS, Michael P. Sheppard and Karen M. Sheppard Declaration of
Trust (“Buyer”) intend to purchase a vacant parcel identified as APN 777-174-
001 (“Property”), located at the corner of Avenida La Fonda and Calle
Tamazula, and will maintain the Property in it’s “As-is” condition to preserve
the mountain views from their adjacent residence, and agree to maintain the
Property to City Municipal Code standards; and
WHEREAS, the City wishes to sell the Property to the Buyer; and
WHEREAS, there is an appraisal of the current fair market value of
comparable properties indicating that the negotiated purchase price reflects
the current fair market value thereof; and
WHEREAS, the City now desires to authorize the City Manager to
authorize disposition of the Property for $135,000; and
Resolution No. 2019 - 042
La Fonda/Calle Tamazula - Agreement for Purchase and Sale and Escrow Instructions – Sheppard Trust
Adopted: October 1, 2019
Page 2 of 3
WHEREAS, the purchase and sale of the Property is subject to a
Purchase and Sale Agreement, attached to the staff report for this Resolution,
and on file with the City Clerk’s Office, and incorporated herein by reference;
and
WHEREAS, this Resolution has been reviewed with respect to
applicability of the California Environmental Quality Act (“CEQA”), the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et
seq., hereafter the “State CEQA Guidelines”), and the City’s environmental
guidelines; and
WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines,
the transfer of the Property is exempt from environmental review under CEQA
because the transfer will result in a continuation of the existing use for
development of single-family homes and is therefore exempt from
environmental review; and
WHEREAS, all of the prerequisites with respect to the approval of this
Resolution have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The City hereby approves the Purchase and Sale Agreement,
attached to the staff report for this Resolution and on file with the City Clerk’s
Office. The City consents to the City Manager and City Legal Counsel making
any final modifications to the Agreement that are consistent with the
substantive terms of the Agreement approved hereby, and to thereafter sign
the Agreement and transfer the property pursuant to a Grant Deed on behalf
of the City.
SECTION 3. The City Manager is authorized to effectuate the conveyances
described in Section 2, at such time as the conveyances is effectuated, and to
take such other and further actions, and execute such other and further
documents, as are necessary and proper in order to implement this Resolution
on behalf of the City.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2019 - 042
La Fonda/Calle Tamazula - Agreement for Purchase and Sale and Escrow Instructions - Sheppard Trust
Adopted: October 1, 2019
Page 3 of 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held this pt day of October, 2019, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
��✓� lINAEVANs, Mayor
City of La Quinta, California