SRR Quiet Title - Notice of Pendency of Action 2020 - RecordedDocument-9077872-Page-1
Page 1 of 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: City Clerk
78495 Celle Tampico
La Quinta, CA 92253
DOC # 2020-0001333
01/02/2020 04:45 PM Fees: $0.00
Page 1 of 23
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to the County of Riverside for recording—
Receipted by: TERESA #134
NOTICE OF PENDENCY OF ACTION
Case Filed: December 3, 2019; Case No. RIC1905980
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
AND FOR DECLARATORY RELIEF
[Submitted for re-recording with cover sheet and document title]
APN: `777-490-024 — Parcel 1; APN: 777-490-023 — Parcel 2; APN: 777-060-008 — Parcel 3
THIS AREA FOR
RECORDERS
USE -ONLY
This document is exempt from payment of recording fee pursuant to
Government Code Sections 6103 and 27383
about:blank 1/2/2020
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Rutan & Tucker, LLP
attorneys at law
RUTAN & TUCKER, LLP
William H. Ihrke (State Bar No. 204063)
bihrke@rutan.com
Robert O. Owen (State Bar No. 126105)
bowen@rutan.com[
Travis Van Ligten (State Bar No. 301715)
tvanligten@rutan.com
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-1931
Telephone: 714-641-5100
Facsimile: 714-546-903 5
Attorneys for Plaintiff
Citv of La Ouinta
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
CITY OF LA QUINTA, a California charter
city,
Plaintiff,
vs.
LANDMARK LAND COMPANY OF
CALIFORNIA, INC., a Delaware corporation;
CHARLES R. RUBEY, a deceased individual,
THE TESTATE AND INTESTATE
SUCCESSORS OF CHARLES R. RUBEY,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; A. REED RUBEY,
a deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF A. REED
RUBEY, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH, OR UNDER SUCH PERSON;
MARY H. RUBEY, a deceased individual,
THE TESTATE AND INTESTATE
SUCCESSORS OF MARY H. RUBEY,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; ROSS H. LEE, a
deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF ROSS H.
LEE, BELIEVED TO BE DECEASED, AND
ALL PERSONS CLAIMING BY, THROUGH,
OR UNDER SUCH PERSON; HAZEL H.
LEE, a deceased individual, THE TESTATE
AND INTESTATE SUCCESSORS OF HAZEI
H. LEE, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
2545/015610-0065
13402730.2 al2/31/19
Case No. RIC 1905980
Judge: Hon. Craig Reimer
Dept. 1
Case Filed: December 3, 2019
NOTICE OF PENDENCY OF ACTION
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THROUGH, OR UNDER SUCH PERSON;
ROSS A. LEE a deceased individual, THE
TESTATE AND INTESTATE SUCCESSORS
OF ROSS A. LEE, BELIEVED TO BE
DECEASED, AND ALL PERSONS
CLAIMING BY, THROUGH, OR UNDER
SUCH PERSON; LORETTA M. LEE, a
deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF LORETTA
M. LEE, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH, OR UNDER SUCH PERSON;
EVA M. BARRETT, a deceased individual,
THE TESTATE AND INTESTATE
SUCCESSORS OF EVA M. BARRETT,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; KENNEDY BROS.,
a partnership; M. P. KENNEDY, a deceased
individual, THE TESTATE AND INTESTATE
SUCCESSORS OF M. KENNEDY,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; LEON KENNEDY,
a deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF L.
KENNEDY, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH, OR UNDER SUCH PERSON;
and ALL PERSONS UNKNOWN, CLAIMING
ANY LEGAL OR EQUITABLE RIGHT,
TITLE, LIEN, OR INTEREST IN THE REAL
PROPERTY DESCRIBED IN THIS
COMPLAINT ADVERSE TO PLAINTIFF'S
TITLE OR ANY CLOUD UPON
PLAINTIFF'S TITLE OR ANY CLOUD
UPON PLAINTIFF'S TITLE THERETO; and
DOES 1 THROUGH 50, inclusive,
Defendants.
Rutan & Tucker, LLP
attorneys at law
2545/015610-0065
134027302 a12/31/19
-2-
NOTICE OF PENDENCY OF ACTION
I
NOTICE IS HEREBY GIVEN that Plaintiff CITY OF LA QUINTA, a California Charter
2
City, commenced an action in the above -entitled matter in the Superior Court of the State of
3
California for the County of Riverside against the above -named defendants.
4
Through this action, the City asserts causes of action which affect title to or the right to
5
possession of the fee interest in certain real property situated in the County of Riverside, State of
6
California, but in no way impacting any rights or privileges retained by the Federal Government to
7
the All -American Canal (the "Subject Property"). The Subject Property's legal description is
8
attached hereto as Exhibit "A," and is depicted in the map attached hereto as Exhibit "B," to the
9
attached Complaint, which is attached as Exhibit 1 and incorporated herein by reference. The
10
property which is the subject of this action impacts real property located in the County of
11
Riverside with County of Riverside APN 777-490-024, APN 777-490-023, and APN 777-060-
12
008, and is located beneath the All -American Canal.
13
This action was filed against the above -named Defendants on December 3, 2019. The
14
Complaint sets forth the specific claims for quiet title and declaratory relief. This notice of
1.5
pendency of action is recorded pursuant to Code of Civil Procedure section 761.010.
16
17
Dated: December 31, 2019 RUTAN & TUCKER, LLP
WILLIAM H. IHRKE
18
ROBERT O. OWEN
TRAVIS VAN LIGTEN
19
20
By:
Travis Van Ligten
21
Attorneys for Plaintiff
22
23
24
25
26
27
28
Rutan & Tucker, LLP
-3-
attorneys at law
134027302 a12/31/19 4s2o19610-0o6s NOTICE OF PENDENCY OF ACTION
13
0.0 a00/00/00
1
2
3
4
5
6
7
8
9
10
11'
12
13
14
15,
16
17
18
19
20
21
22
23
24
25
26
27
28
RUTAN & TUCKER, LLP
William H. Ihrke (State Bar No. 204063)
bihrke@rutan.com
Robert 0. Owen (State Bar No. 126105)
bowen@rutan. com[
Travis Van Ligtcn (State Bar No. 301715)
tvanligten@rutan.com
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-1931
Telephone: 714-641-5100
Facsimile: 714-546-903 5
Attorneys for Plaintiff
City of La Ouinta
FILED
Superior Court of California
County of Riverside
12/3/2019
C. Ortiz
Electronically Filed
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
CITY OF LA QUINTA, a California charter
city,
Plaintiff,
vs.
LANDMARK LAND COMPANY OF
CALIFORNIA, INC., a Delaware corporation;
CHARLES R. RUBEY, a deceased individual,
THE TESTATE AND INTESTATE
SUCCESSORS OF CHARLES R, RUBEY,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; A. REED RUBEY,
a deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF A. REED
RUBEY, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH, OR UNDER SUCH PERSON;
MARY H. RUBEY, a deceased individual,
THE TESTATE AND INTESTATE
SUCCESSORS OF MARY H. RUBEY,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; ROSS IL LEE, a
deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF ROSS H.
LEE, BELIEVED TO BE DECEASED, AND
ALL PERSONS CLAIMING BY, THROUGH,
OR UNDER SUCH PERSON; HAZEL H.
LEE, a deceased individual, THE TESTATE
AND INTESTATE SUCCESSORS OF HAZE[
H. LEE, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
•
Judge:
*1 #•
PROPERTY 1 FOR DECLARATORY
RELIEF
Rutan R Tucker, LLP
attorneys't law COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
254i/015610-0065
13399901.4 all/2?n9 DECLARATORY RELIEF
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THROUGH, OR UNDER SUCH PERSON;
ROSS A. LEE a deceased individual, THE
TESTATE AND INTESTATE SUCCESSORS
OF ROSS A. LEE, BELIEVED TO BE
DECEASED, AND ALL PERSONS
CLAIMING BY, THROUGH, OR UNDER
SUCH PERSON; LORETTA M. LEE, a
deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF LORETTA
M. LEE, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH, OR UNDER SUCH PERSON;
EVA M. BARRETT, a deceased individual,
THE TESTATE AND INTESTATE
SUCCESSORS OF EVA M. BARRETT,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; KENNEDY BROS.,
a partnership; M. P. KENNEDY, a deceased
individual, THE TESTATE AND INTESTATE
SUCCESSORS OF M. KENNEDY,
BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR
UNDER SUCH PERSON; LEON KENNEDY,
a deceased individual, THE TESTATE AND
INTESTATE SUCCESSORS OF L,
KENNEDY, BELIEVED TO BE DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH, OR UNDER SUCH PERSON;
and ALL PERSONS UNKNOWN, CLAIMING
ANY LEGAL OR EQUITABLE RIGHT,
TITLE, LIEN, OR INTEREST IN THE REAL
PROPERTY DESCRIBED IN THIS
COMPLAINT ADVERSE TO PLAINTIFF'S
TITLE OR ANY CLOUD UPON
PLAINTIFF'S TITLE OR ANY CLOUD
UPON PLAINTIFF'S TITLE THERETO; and
DOES 1 THROUGH 50, inclusive,
Defendants.
Rutan & Tucker, LLP
attorneys at law
-2-
2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901.4 al1/27/19 DECLARATORY RELIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Rutan & Tucker, LLP
attorneys at law
INTRODUCTION:
1, Plaintiff CITY OF LA QUINTA ("City" or "Plaintiff") is the record owner of
certain real property in the City of La Quinta, County of Riverside, State of California, that
surrounds the All American Canal (the "Canal") (the "Project Property").
2. Since originally taking possession of the Project Property in 2002 (via its
predecessors -in -interest, the La Quinta Redevelopment Agency, a now dissolved public agency
["LQRA"] and La Quinta Successor Agency ["SA"]), the City, and its predecessors -in -interest,
have operated under the belief that they were the fee owners of record of the fee interest of the real
property underlying the Canal (the "Subject Property") as well, but subject to the Federal
governments' right-of-way operate the Canal. Pursuant to this claim of right, the City has
consented to the construction and maintenance of certain bridges over the Canal, and performed a
variety of maintenance and improvement activities near the Subject Property to further exclude the
general public from interfering with the Subject Property.
3. The City recently learned that it has been alleged the City is not the current owner
of record of the fee interest in the Subject Property. The City, having conducted due diligence, has
also learned that many of the record interest -holders are now deceased. Some purported record
interest -holders cannot be located.
4. As more specifically alleged below, Plaintiff and Plaintiff's immediate
predecessors -in -interest have asserted exclusive control over the fee ownership interest in the
Subject Property since as far back as 2002, to the exclusion of the other record interest -holders for
the statutory five-year period, such that the Plaintiff is entitled to judgment for adverse possession
as alleged herein. The City seeks to perfect title to the entirety of the Subject Property as against
the Defendants named herein. This action is brought pursuant to the adverse possession statutes in
California Code of Civil Procedure section 315, et seq.
THE PROPERTY INTEREST AT ISSUE
5. The Subject Property consists of the fee interest ownership of the land underlying
the Canal, subject to the entirety of the Federal government's right-of-way interest over the Canal
(the "Federal Interest").
-3-
2545/015610-oohs COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901.4 al1/27/19 DECLARATORY RELIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
1E1
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. The Subject Property specifically consists of the fee interest ownership of the land
underlying three separate parcels of real property all located in the City of La Quinta, County of
Riverside, State of California, located on the following parcels: Assessor's Parcel Number
("APN") 777-490-024 ("Parcel I"), APN 777-490-023 ("Parcel 2"), and APN 777-060-008
("Parcel 3").
7. The Subject Property's legal description is attached hereto as Exhibit A to this
Complaint. A map depicting the Subject Property and surrounding properties is also attached
hereto as Exhibit B.
8. Prior to filing this Complaint, Plaintiff commissioned preliminary title to determine
who may have an interest in any portion of the Subject Property (the "Reports"). The Reports
identified all the individuals and entities who are currently shown as having record titled to an
ownership interest in the Subject Property according to the records maintained by the Riverside
County Recorder's Office.
9. A copy of the Reports will be kept by Mr. Robert 0. Owen at the law offices of
Rutan & Tucker, LLP, 611 Anton Blvd., Suite 1400, Costa Mesa, CA, 92626, for inspection, use
and copy by the parties to this action.
THE PARTIES
10. Plaintiff CITY OF LA QUINTA is a California charter city organized, existing and
operating under the laws of the State of California.
11. Plaintiff is informed and believes, and based thereon alleges, that Defendant
CHARLES R. RUBEY, believed to be deceased, and THE TESTATE AND INTESTATE
SUCCESSORS OF CHARLES R. RUBEY, BELIEVED TO BE DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH, OR UNDER SUCH PERSON, may assert an interest in
the Subject Property, specifically a portion of the Subject Property that is located on Parcel 1.
12, Plaintiff is informed and believes, and based thereon alleges, that Defendants A.
REED RUBEY and MARY H. RUBEY, as husband and wife and as joint tenants, both believed to
be deceased, and/or THE TESTATE AND INTESTATE SUCCESSORS OF A. REED RUBEY,
BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH, OR
Rutan & Tucker, LLP
attorneys at /aw
-4-
2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901.4 a]1/2?/19 DECLARATORY RELIEF
I
UNDER SUCH PERSON, and/or THE TESTATE AND INTESTATE SUCCESSORS OF
2
MARY H. RUBEY, BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY,
3
THROUGH, OR UNDER SUCH PERSON, may assert an interest in the Subject Property,
4
specifically a portion of the Subject Property that is located on Parcel 1.
5
13. Plaintiff is informed and believes, and based thereon alleges, that Defendants
6
ROSS H. LEE and HAZEL H. LEE, as husband and wife and as joint tenants, both believed to be
7
deceased, and/or THE TESTATE AND INTESTATE SUCCESSORS OF ROSS H. LEE,
8
BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH, OR
9
UNDER SUCH PERSON, and/or THE TESTATE AND INTESTATE SUCCESSORS OF
10
HAZEL H. LEE, BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY,
11
THROUGH, OR UNDER SUCH PERSON, may assert an interest in the Subject Property,
12
specifically a portion of the Subject Property that is located on Parcel 1.
13
14. Plaintiff is informed and believes, and based thereon alleges, that Defendants
14
ROSS A. LEE and LORETTA M. LEE, as husband and wife and as joint tenants, both believed to
15
be deceased, and/or THE TESTATE AND INTESTATE SUCCESSORS OF ROSS A. LEE,
16
BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH, OR
17
UNDER SUCH PERSON, and/or THE TESTATE AND INTESTATE SUCCESSORS OF
18
LORETTA M. LEE, BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY,
19
THROUGH, OR UNDER SUCH PERSON, may assert an interest in the Subject Property,
20
specifically a portion of the Subject Property that is located on Parcel 1.
21
15, Plaintiff is informed and believes, and based thereon alleges, that Defendant
22
LANDMARK LAND COMPANY OF CALIFORNIA, INC., a Delaware corporation
23
("Landmark"), may assert an interest in the Subject Property, specifically a portion of the Subject
24
Property that is located on Parcel 2. Based on records pulled from the California Secretary of
25
State's website, Plaintiff is informed and believes, and based thereon alleges that Landmark has
26
surrendered its corporate status.
27
16. Plaintiff is informed and believes, and based thereon alleges, that Defendants EVA
28
M. BARRF,TT, believed to be deceased, and THE TESTATE AND INTESTATE SUCCESSORS
Rutan & Tucker, LLP
attorneys at law
-5
COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
2545/015610-0065
13399901.4 a11/27/19 DECLARATORY RELIEF
I
OF EVA M. BARRETT, BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING
2
BY, THROUGH, OR UNDER SUCH PERSON, may assert an interest in the Subject Property,
3
specifically a portion of the Subject Property that is located on Parcel 3.
4
17. Plaintiff is informed and believes, and based thereon alleges, that Defendant
5
KENNEDY BROS., a partnership ("Kennedy Bros"), was a general partnership consisting of two
6
individuals, M. P. KENNEDY ("M. Kennedy") and LEON KENNEDY ("L. Kennedy"). Plaintiff
7
is informed and believes, and based thereon alleges, that M. Kennedy and L. Kennedy are
8
deceased. Plaintiff is informed and believes that Kennedy Bros, and therefore M. Kennedy and L.
9
Kennedy, and/or THE TESTATE AND INTESTATE SUCCESSORS OF M. KENNEDY,
10
BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH, OR
I 1
UNDER SUCH PERSON, and/or THE TESTATE AND INTESTATE SUCCESSORS OF L.
12
KENNEDY, BELIEVED TO BE DECEASED, AND ALL PERSONS CLAIMING BY,
13
THROUGH, OR UNDER SUCH PERSON, may assert an interest in the Subject Property,
14
specifically a portion of the Subject Property that is located on Parcel 3.
15
18. The Plaintiff is informed and believes and based thereon alleges that non-party the
16
United States Department of Interior ("Bureau") is a federal agency, that owns and operates the
17
All American Canal, which runs over the Subject Property pursuant to a right-of-way easement
18
benefitting the Bureau (the aforementioned Federal Interest).
19
19. The Plaintiff is informed and believes and, based thereon, alleges that non-party
20
Coachella Valley Water District ("CVWD") is a special utility district that is formed, organized,
21
and operated pursuant to the laws and regulations of the State of California. CVWD operates and
22
manages the Canal under a separate agreement with the Bureau, pursuant to the Federal Interest,
23
20. The Plaintiff is informed and believes, and based thereon alleges, that Defendants
24
named herein as "ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE
25
RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL PROPERTY DESCRIBED IN
26
THIS COMPLAINT ADVERSE TO PLAINTIFF'S TITLE OR ANY CLOUD UPON
27
PLAINTIFF'S TITLE THERETO" are unknown to the City. ("Unknown Defendants.") Such
28
Defendants may claim some right, title, estate, lien, or interest in the City's real property described
Rutan & Tucker, LLP
attorneys at law
-6-
2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901 A al rz7/19 DECLARATORY RELIEF
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in this Complaint adverse to the City's title, and their claims constitute a cloud on the City's title
to its property.
21. The Plaintiff is unaware of the true names and capacities of DEFENDANTS DOES
1 THROUGH 50, inclusive, and therefore sues these Defendants by such fictitious names. ("Doe
Defendants.") The City will amend this Complaint to show the true names and capacities of such
fictitiously -named Defendants when the same have been ascertained or upon proof at trial. The
Plaintiff is informed and believes, and based thereon alleges, that each of the fictitiously -named
Defendants is legally responsible for the events alleged herein.
22, The Plaintiff is informed and believes, and based thereon alleges, that at all relevant
times the actually and fictitiously -named Defendants were acting as the agents, servants,
employees, alter egos, successors -in -interest, or predecessors -in -interest of the remaining
Defendants, and were acting within the scope of such relationship with the knowledge, express or
implied, of each of the other Defendants.
23. All references in this Complaint to "Defendants" shall be deemed to include all
Defendants, including Unknown Defendants and Doe Defendants, unless otherwise specified
herein.
VENUE
24. Venue is proper in this Court under Code of Civil Procedure section 760.050(a),
because the real property that is the subject of this action is located in the County of Riverside,
State of California.
GENERAL ALLEGATIONS
25. In 2002, the LQRA purchased and took possession of the Project Property.
26, The LQRA's Successor Agency ultimately conveyed title to the Project Property to
the City pursuant to applicable law and via a quitclaim deed (Riverside County Recorder's Office
Instrument No. 2014-0334259 ("Quitclaim Deed")), on September 2, 2014.
27. Since originally taking possession of the Project Property in 2002, the City, and its
predecessors -in -interest, have operated under the belief that they were the fee owners of record of
the Subject Property, subject to the Federal Interest retained by the Bureau.
Rutan & Tucker, LLP
attorneys at law
-7-
254s/o15610-oohs COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901.4 a11127l19 DECLARATORY RELIEF
1 28. At the time of taking possession of the Project Property, the City asserted exclusive
2 control of the fee interest of the Subject Property, subject to the rights retained by the Bureau.
3 Pursuant to this right, the City has actively pursued, among other development improvements,
4 road and utility infrastructure to be installed on the Project Property and Subject Property.
5 29. Since 2002, Plaintiff and Plaintiff's predecessors -in -interest, and its agents, assigns,
6 and/or invitees have entered onto the Subject Property to construct, maintain and repair various
7 improvements within the Subject Property, including the construction and maintenance of certain
8 bridge crossings over and across the Subject Property.
9 30, Plaintiff is informed and believes, and based thereon alleges, that the Canal
10 operates on the Subject Property pursuant to a right-of-way easement that was created when the
11 federal government conveyed the land surrounding the Canal, and the land underlying the Canal,
12 to a private party. Plaintiff is not attempting by this Complaint or through this action to impact the
13 federal government's real property rights attached to the Canal. Further, should the City prevail in
14 this action, the City's fee ownership of the Canal shall remain subject to the rights of the federal
15 government.
16 31. The Plaintiff is informed and believes and on that basis alleges that CVWD
17 operates the Canal pursuant to a contract it has with the Bureau. Plaintiff is not attempting by this
18 Complaint or through this action to impact CVWD's rights to operate the Canal pursuant to a
19 contract it has with the Bureau. Further, should the City prevail in this action, the City's fee
20 ownership of the Canal shall remain subject to CVWD's rights pursuant to that contract with the
21 Bureau,
22 32. Aside from the Bureau and CVWD, the Plaintiff is unaware of any other entity that
23 alleges any right of access to the Subject Property, including the Canal, other than those
24 Defendants named as parties herein.
25 33. The Plaintiff is informed and believes and on that basis alleges that CVWD, and the
26 Bureau through CVWD have consented in the City's sought after relief in this action.
27 34. Plaintiff is informed and believes, and based thereon alleges, that at no time
28 relevant herein have any property or municipal taxes been levied against the Subject Property.
Rutan & Tucker, LLP -$-
attorneys at law 2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901.4 a11/27/19 DECLARATORY RELIEF
21
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Plaintiff is informed and believes, and based thereon alleges, that Riverside County's official
records indicate that the United States government is the owner of the Subject Property for the
purposes of property taxes. Plaintiff, as 'a California municipal corporation, is also exempt from
property or municipal taxes on real property
35. In December 2018, the City learned for the first time that it has been alleged that
the City is not the current owner of record of the fee interest in the Subject Property. Since
becoming aware of these allegations, the City learned that many of the record interest -holders are
now deceased, others cannot be located, and others reject their alleged interest in the Subject
Property.
FIRST CAUSE OF ACTION
(Quiet Title via Adverse Possession — CCP § 325 et seq. — Against All Defendants)
36. Plaintiff incorporates by this reference each and every allegation set forth in
Paragraphs 1 through 35, inclusive, of this Complaint, as if set forth in full herein.
37, At all relevant times, and during the time period City owned and controlled the
Subject Property; indeed, Plaintiff and Plaintiff s predecessors -in -interest, and its agents, assigns,
and/or invitees have entered onto the Subject Property to construct, maintain and repair various
improvements within the Subj ect Property, including the construction and maintenance of certain
bridge crossings over and across the Subject Property. These activities took, and take, place on
the Subject Property to which Plaintiff seeks title by adverse possession, and constitutes
substantial improvements within the meaning of Code of Civil Procedure section 325(a)(2).
38, At all relevant times, and for a minimum of five years, the City has presented itself
as the sole owner of the Subject Property, and has consistently claimed a right to exclusive
ownership and control of the same. For instance, the City has made repeated decisions in its
proprietary capacity to develop or make improvements to the Subject Property.
39. Plaintiff is informed and believes, and based thereon alleges, that at no time
relevant herein has any entity paid any property taxes for the Subject Property. Further, to the
extent any such taxes were levied, the City, as a municipal corporation, is exempt from paying
those taxes, and therefore, the City need not demonstrate it paid property and municipal taxes in
Rutin & Tucker, LLP
attorneys of law
E
2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901.4 211/27/19 DECLARATORY RELIEF
1
2
3
4
5
6
7
8
9
10
11'
12
13
14
15
16
17
18'
19
20
21
22
23
24
25
26
27
28
order to acquire title to the Subject Property by adverse possession.
40, Plaintiff, itself, has established the elements necessary to obtain title to the Property
by adverse possession. Plaintiff seeks judgment in its favor, and against Defendants, for adverse
possession, in order that title to the Subject Property shall be clarified to vest exclusively in the
name of Plaintiff.
SECOND CAUSE OF ACTION
(Declaratory Relief — Against All Defendants)
41, Plaintiff incorporates by this reference each and every allegation set forth in
Paragraphs 1 through 40, inclusive, of this Complaint, as if set forth in full herein.
42, An actual controversy has arisen and now exists between the Plaintiff and
Defendants concerning their respective rights and duties as to the Subject Property. The City
contends that is the rightful fee owner for the Subject Property, due to its long-term possession and
control of the Subject Property.
43, A judicial declaration is necessary and appropriate at this time under the
circumstances in order that the City and Defendants may ascertain their rights and powers with
respect to the ownership of the interest in the Subject Property.
WHEREFORE, Plaintiff City of La Quinta prays for judgment as follows:
1. As to the First Cause of Action:
(a) For a judgment that the Plaintiff is the exclusive owner of the fee interest in
the Subject Property, and has the exclusive right to occupy, possess, use, and exclude all
others from such area, subject to the Bureau's easement rights and any Canal operation
agreement between the Bureau and CVWD; and
(b) For a judgment that, except for the Bureau's easement rights, Defendants
have no real property interest or rights, legal or equitable, in the Subject Property.
2. As to the Second Cause of Action:
(a) For a declaration pursuant to Code of Civil Procedure section 1060 that the
City holds title to the fee interest in the Subject Property; and
(b) For a declaration pursuant to Code of Civil Procedure section 1060 that,
Rutan & Tucker, LLP
attorneys at law
-10-
2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901,4 al/27/19 DECLARATORY RELIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
except for the Bureau's easement rights, Defendants have no real property interest or
rights, legal or equitable, in the Subject Property.
3. As to both causes of action:
(a) For costs of suit incurred herein; and
(b) For such other and further relief as the Court deems just and proper.
Dated: November 27, 2019
RUTAN & TUCKER, LLP
WILLIAM H. IHRKE
ROBERT 0. OWEN
TRAVIS VAN LIGTEN
By:
TRAMS VAN LIGTEN
Attorneys for Plaintiff,
City of La Quinta
Rutan & Tucker, LLP -1 1-
attorneys at law 2545/015610-0065 COMPLAINT TO QUIET TITLE TO REAL PROPERTY AND FOR
13399901 A al va7/19 DECLARATORY RELIEF
RUSH#
EXHIBIT'A'
LEGAL DESCRIPTION
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION
OF REAL PROPERTY LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER, THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER AND GOVERNMENT LOTS 2 AND 3, ALL IN SECTION 8,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 8, AS SHOWN BY MAP FOR
PARCEL MAP NO, 37207 RECORDED IN BOOK 242 OF PARCEL MAPS, PAGES 72 THROUGH
87, INCLUSIVE, RECORDS OF THE RIVERSIDE COUNTY RECORDER;
THENCE S 02°12'49' E (SHOWN AS S02°13'02 E PER PARCEL MAP NO. 33367 RECORDED IN
BOOK 224 OF PARCEL MAPS, PAGES 24 THROUGH 35, INCLUSIVE, RECORDS OF RIVERSIDE
COUNTY RECORDER) ALONG THE CENTERLINE OF JEFFERSON STREET AS SHOWN BY
SAID PARCEL MAP NO. 37207, A DISTANCE OF 1322.82 FEET TO ITS INTERSECTION WITH
THE EASTERLY PROLONGATION OF THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 8, SAID NORTH LINE BEING THE NORTH LINE OF
THAT STRIP SHOWN AS "NOT A PART"- ALL AMERICAN CANAL, ON SAID PARCEL MAP NO.
37207, AND BEING THE SAME LINE AS SHOWN BY SAID PARCEL MAP NO. 33367;
THENCE, LEAVING SAID CENTERLINE OF JEFFERSON STREET, S 89°53'06" W (S89-52'48"W
PER SAID PARCEL MAP NO, 33367) A DISTANCE OF 60.01 FEET ALONG SAID EASTERLY
PROLONGATION TO THE SOUTHEAST CORNER OF PARCEL 15 OF SAID PARCEL MAP NO.
37207, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF "B" STREET, PARCEL "L"
OF SAID PARCEL MAP NO. 33367, THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING, S 89°53'06" W (S89°52'48"W PER SAID PARCEL MAP NO. 33367) A
DISTANCE OF 2632.98 FEET ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE
NORTHEAST QUARTER, TO ITS INTERSECTION WITH THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 8, AS SHOWN BY SAID PARCEL MAP NO. 37207;
THENCE S 00°00'04" E ALONG SAID WEST LINE OF NORTHWEST QUARTER A DISTANCE OF
1320,62 FEET;
THENCE S 89"55'14" W A DISTANCE OF 20.00 FEET TO ITS INTERSECTION WITH A LINE 20
FEET WESTERLY OF AND PARALLEL WITH (AS MEASURED AT RIGHT ANGLES) THE WEST
LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8;
THE FOLLOWING 8 COURSES ARE ALONG A LINE 140.00 WESTERLY OF AND
PARALLEL WITH (AS MEASURED AT RIGHT ANGLES) THE WEST LINE OF PARCEL 19
AS SHOWN BY SAID PARCEL MAP NO. 37207, SAID 8 COURSES ALSO BEING THE
WEST LINE THE ALL AMERICAN CANAL RIGHT-OF-WAY;
THENCE S 00°00'04" E ALONG SAID PARALLEL LINE A DISTANCE OF 420.73 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS
OF 796.20 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF
396.08 FEET, THROUGH A CENTRAL ANGLE OF 28°30'09" TO THE BEGINNING OF A TANGENT
LINE;
Page 1 of 3
EXHIBIT'A'
LEGAL DESCRIPTION
THENCE S 28°30'13" E ALONG SAID LINE A DISTANCE OF 73.62 FEET TO THE BEGINNING OF
A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 636,20 FEET;
THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AN
ARC LENGTH OF 625.27 FEET, THROUGH A CENTRAL ANGLE OF 56°18'42" TO THE
BEGINNING OF A TANGENT LINE;
THENCE S 27°48'29" W ALONG SAID LINE A DISTANCE OF 276.51 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1352.40
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 161.61 FEET,
THROUGH A CENTRAL ANGLE OF 06°50'48" TO THE BEGINNING OF A TANGENT LINE;
THENCE S 34°39'17" W ALONG SAID LINE A DISTANCE OF 808.84 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1512.40
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 131.91 FEET,
THROUGH A CENTRAL ANGLE OF 04059'50", TO ITS INTERSECTION WITH THE WESTERLY
EXTENSION OF THE SOUTH LINE OF SAID PARCEL 19 OF PARCEL MAP NO. 37207, BEING
THE SOUTH LINE OF GOVERNMENT LOT 2 (AND THE SOUTH LINE OF SAID SECTION 8), TO
WHICH INTERSECTION POINT A RADIAL LINE BEARS N60°20'33"W;
THENCE N 89041'41" E ALONG THE SAID SOUTH LINE A DISTANCE OF 164.44 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL 19 OF PARCEL MAP NO, 37207, BEING ON A NON -
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1372.40 FEET, SAID
NON -TANGENT CURVE LYING 140.00 FEET SOUTHEASTERLY OF AND CONCENTRIC WITH
THE PREVIOUS DESCRIBED CURVED COURSE, A RADIAL LINE TO SAID INTERSECTION
BEARS N56°54'43"W; AND THE BEGINNING OF THE EAST LINE OF THE ALL AMERICAN
CANAL RIGHT-OF-WAY, 140,00 FEET WIDE;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 37.52 FEET THROUGH
A CENTRAL ANGLE OF 01 °34'00" TO THE BEGINNING OF A TANGENT LINE;
THENCE N 34°39'17" E ALONG SAID LINE A DISTANCE OF 808.84 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1492,40
FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 178,34 FEET
THROUGH A CENTRAL ANGLE OF 06°50'48" TO THE BEGINNING OF A TANGENT LINE;
THENCE N 27°48'29" E ALONG SAID LINE A DISTANCE OF 276.51 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 776.20
FEET;
THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE AN
ARC LENGTH OF 762.87 FEET THROUGH A CENTRAL ANGLE OF 56°18'42" TO THE
BEGINNING OF A TANGENT LINE;
THENCE N 28'30'13" E ALONG SAID LINE A DISTANCE OF 73.62 FEET TO THE BEGINNING OF
A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 656,20 FEET;
Page 2of3
EXHIBIT'A'
LEGAL DESCRIPTION
THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF
323.08 FEET THROUGH A CENTRAL ANGLE OF 28°30'09" TO THE BEGINNING OF A TANGENT
LINE;
THENCE N 00°00'04" W ALONG SAID LINE A DISTANCE OF 420.77 FEET AND THE END OF 140
WIDE RIGHT-OF-WAY;
THENCE S 89°55'14" W A DISTANCE OF 10.00 FEET TO ITS INTERSECTION WITH A LINE
110.00 FEET EAST OF AND PARALLEL WITH THE SAID WEST LINE OF THE NORTHEAST
QUARTER;
THENCE N 00°00'04" W ALONG SAID PARALLEL LINE A DISTANCE OF 954.83 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 236.48 FEET;
THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF
370.99 FEET THROUGH A CENTRAL ANGLE OF 89°53'10" TO THE BEGINNING OF A TANGENT
LINE LYING 130.00 FEET SOUTHERLY OF AND PARALLEL WITH (AS MEASURED AT RIGHT
ANGLES), THE SAID NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER;
THENCE N 890 53'06' E (N89°52 48'E PER SAID PARCEL MAP NO. 33367) ALONG SAID
PARALLEL LINE A DISTANCE OF 2291.99 FEET TO THE NORTHEAST CORNER OF PARCEL 14
OF SAID PARCEL MAP NO. 37207, ALSO BEING THE NORTHEAST CORNER OF PARCEL 12
OF SAID PARCEL MAP NO. 33367, AND A POINT ON THE WESTERLY LINE OF JEFFERSON
STREET;
THENCE N 02°12'49" W (NO2°13'02'W PER PARCEL MAP NO. 33367) ALONG SAID WESTERLY
LINE OF JEFFERSON STREET AS SHOWN BY PARCEL MAP NO.37207, A DISTANCE OF 130.09
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 20,435 ACRES, MORE OR LESS.
ALL SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND EASEMENTS OF
RECORD.
SEE EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
NV5 INC,:
P EPARED BY ME OR UNDER MY DIRECTION:
?� �/// 7/�
JAY S, FAHRION DATE
PLS NO, 8207
Page 3 of 3
EXHIBIT "B"
\
'--
AVENUE 52 5
4
���
\��
8 —
- - -
1 8
9
- -
\
\
;
i-
I P.O.B.
I NORTHEAST
I CORNER OF
zo
! PARCEL MAP No, 83367) SEC, 8
^'
I
I \Fp PARCEL
15
PARCEL 15
In\\gyp
P
c
\\
NORTH LINE OF THE
�
Ln
S� OF THE NEB+, SEC, 8
N
O
(1/16TH LINE, RK8, 224/24-35)
I
Z
PARCEL 8
N89'53'06 "E
60.01'
zL�
I
T.P.O.B.
I I
1 PAR. 21) I
N89'53'06 E 2632,98 (PAR. 'L' 1
r\ N," �`\ \\\ \\\\\\\\ i\\\\\\\ \\\\ \(\it\\\i\\\\ ji\\\\ i\\\\ \i, \\\\\i\\\\\\\ti\� 1\\ 1
\I�V1A AIA N. 1A11111C 1ANk,AA ANANAA i\ii1AA\l\llAAt1'1AlilAAloll S1AA1Al1AAlAgAAAV111A41=A,AAAAIAA1.-
1 N89'53'06°E 2291.99' 1J0.09'
" m
vv\`
130.00' WIDE NO2'12'49'W
L=370.99'
\\'\
R=236.48'
4=89'53'10"
\� PAR, 12
'z
`
0
\1 a - PARCEL
9 NN\ J
o
o
\` m
PARCEL 14
O\'l\\
un
O
\
N
E
WIDE
( P.M,8, 224 / 24 - 36)
I
1
�
NB9'55'14°E
�
\\\ N89'55'14"E
'
a` i 10.00
` PARCEL 19
— - - —20.00
140' WIDE
NEX OF SWX
SEC. 8 r' \ ` NWI/a OF SEA/
\ N\`i\ o SEC. 8
SHEET 2OF2
Niv�S
DESCRIBED IN ATTACHED EXH. 'A' LEGAL DESCRIPTION;
CONTAINS 20,435 ACRES, MORE OR LESS
0 250 500
--I
1" = 500'
PORTIONS OF OF SEC. 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M.
CITY OF
LA U I TA SHEET NUMBER
NIMSILVERROCK GOLF COURSE 1
EXHIBIT'B' - PLAT OF 2 SHEETS
42-829 COCK STREET, SUITE 104 PALM DESERT, CA 92211 JOB NUMBER
760,341.3101 TEL 760.341.5999 FAX WWW.NVS.COM PREPARED FOR: CITY OF LA QUINTA DATE SUBMITTED: APR. 2019 1 226716-0000027.10
i
I
I
I
I
� 1
------ 8 9
17 16
N60'20'33'W RAO,
CURVE DATA
CURVE LENGTH RADIUS DELTA
Cl
J96.08'
796,20'
28'30'09"
C2
625.27'
636.20'
56'18'42"
C3
161.61'
1352.40'
06'50'48°
C4
111.91'
1512.40'
04'59'50"
C5
37.53'
1372.40'
01'34'00°
C6
178.34'
1492.40'
06'50'48"
C7
762.87'
776.20'
56'18'42'
C8
326.43'
656.20'
28'30'09°
EXHIBIT B
PLAT
SEE SHEET 1 OF 2
N89'55' 14 °E ` + N89'55' 14 "E
20.00' \\\1\ / - 10.00' PARCEL 19 - — - - -
140' WIDE
0 0 ++ o 0
NEB/4 OF SW�Y4 si
SEC. 8 \
73.62'
N28'30'13"W
+
N27'48'29°Ei i
276.51
GOV'T LOT\\;,\'y
2 Y
140' WIDE
Al
I I
I
r� I
O' I rn
_ rri
N28'30'13"W ` A AC I DO
I I
PARCRL 10 ��(j �\J I z
n ps ( PARGrL MAP No, 33367 J
I
( P..M,5, 224 / 2-4 86 J
— 276,51'
N27'48'29 "E . I
GOV'T LOT
NW1/a OF SEAY4
SEC 8
PARC1 L 19lb
i SOUTH
LINE OE SEC. 8
-------
N56'5443"W RAD. AVENUE 54
164.44' NB9'41 '41 "E
K�� 5
DESCRIBED IN ATTACHED EXH. 'A' LEGAL DESCRIPTION;
""" CONTAINS 20.435 ACRES, MORE OR LESS
0 250 Soo
1" = 500'
PORTIONS OF OF SEC. 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.I.
CITY OF LA QUINTA SHEET NUMBER
NIV15
SILVERROCK GOLF COURSE
EXHIBIT'B' - PLAT OF 2 SHEETS
42-829 COOK STREET, SUITE 104 PALM DESERT, CA 92211 JOB NUMBER
760.341,3101 TEL 760.341.5999 FAX WWw,NVS.COM PREPARED FOR: CITY OF LA QUINTA DATE SUBMITTED: APR. 2019 226716-0000027,10
APN: 777-490-023 – Parcel 2
APN: 777-060-008 – Parcel 3
APN: 777-490-024
Parcel 1