ORD 504ORDINANCE NO. 504
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING AN
AMENDMENT TO A DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF LA QUINTA AND CP
DEVELOPMENT LA QUINTA, LLC.
CASE: DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO.4
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public
planning process, encouraging private participation and comprehensive planning,
and identifying the economic costs of such development; and
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 25' day of September, 2012, hold a duly noticed Public Hearing to consider
a recommendation on an amendment to a Development Agreement, and after
hearing and considering all testimony and arguments, did adopt Planning
Commission Resolution 2012-020, recommending to the City Council approval of
Development Agreement 2003-006 Amendment 4; and,
WHEREAS, the City Council of the City of La Quinta, California did, on the
16th day of October, 2012, hold a duly noticed Public Hearing to consider an
amendment to a Development Agreement by and among the City of La Quinta and
CP Development La Quinta, LLC for property located at the southeast corner of
Washington Street and Miles Avenue, with said amendment to be executed by La
Quinta Residence Limited Partnership, an assignee of CP Development La Quinta,
LLC; and
WHEREAS, the Planning Department published a public hearing notice in The
Desert Sun newspaper on October 5, 2012 as prescribed by the Municipal Code
regarding this proposal. Public hearing notices were also mailed to all property
owners within 500 feet of the project site; and,
WHEREAS, at said City Council Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons wanting to be heard,
said City Council did make the following mandatory findings to justify approving an
amendment to the Development Agreement:
Ordinance No. 504
Development Agreement 2603-006, Amendment No.4
CP Development La Quints, LLC / La Quinta Residence Limited Partnership
Adopted: November 6, 2012
Page 2
1. The proposed Development Agreement Amendment (Exhibit A) is
internally consistent with the goals, objectives, and policies of the
General Plan and Specific Plan 2001-055, in that it will result in
promoting residential development in a controlled and logical manner that
is compatible with the neighborhood.
2. The land uses authorized and regulations prescribed for the Development
Agreement Amendment are compatible with the zoning and its related
regulations applicable to the property.
3. The proposed Development Agreement Amendment conforms with the
public convenience and general welfare by providing for extensive public
improvements and conforms to good land use practice by encouraging a
long-range comprehensive approach to development of the site.
4. Approval of this Development Agreement Amendment will not be
detrimental to the health, safety and general welfare since adequate
provisions have been made in previous City approvals to provide for
necessary and desirable improvements which are incorporated herein.
5. Approval of this Development Agreement Amendment will not adversely
affect the orderly development of the subject or surrounding properties
nor preservation of area -wide property values, but rather will enhance
them by encouraging planned -phased growth.
6. Consideration of this Development Agreement Amendment has been
accomplished pursuant to California Government Code Section 65864 at
seq. and the City of La Quinta Municipal Code Section 9.250.030, which
governs Development Agreements.
WHEREAS, all actions required to be taken by the City precedent to the
adoption of this Ordinance have been regularly'and duly taken.
NOW, THEREFORE, the City Council of the City of La Quinta, California does
ordain as follows:
SECTION 1. APPROVAL. The City Council hereby approves and adopts the
Development Agreement Amendment in the form presented to the City Council
concurrent with the approval and adoption of this Ordinance, and authorizes and
directs the City Manager to sign the Development Agreement Amendment on
Ordinance No. 504
Development Agreement 2003-006, Amendment No.4
CP Development La Quinta, LLC / La Quinta Residence Limited Partnership
Adopted: November 6, 2012
Page 3
behalf of the City, and the City Clerk to record the Development Agreement
Amendment in the Official Records of Riverside County in accordance with
applicable law.
SECTION 2. ENVIRONMENTAL. The La Quinta Planning Department has prepared
Environmental Assessment 201 1-617 for this project, in compliance with the
requirements of the California Environmental Quality Act (CEQA). The Planning
Director has determined that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in this case because
revisions in the project have been made by or agreed to by the project proponent
and mitigation measures have been incorporated. Therefore, the Planning Director
recommended that a Mitigated Negative Declaration of environmental impact and
associated Mitigation Monitoring Program be adopted and -the City Council did
adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior
to this action; and,
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of
this Ordinance, and shall cause the same to be posted in at least three public
places designated by resolution of the City Council, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered into the Book of
Ordinances of this City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6th day of November 2012, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
C�U)()Jo-'L
DON AD PH, Wayor
City of La Quinta, California
Ordinance No. 504
Development Agreement 2003-006, Amendment No.4
CP Development La Quints, LLC / La Quints Residence Limited Partnership
Adopted: November 6, 2012
Page 4
ATTEST:
Susan Maysels, City erk
City of La�Quinta, California
(City, Seal) \`
APPROVED AS 7O=F&M:
l
M./Kithbrine Jen[�oy(, City A
City of La Quint alifornia
Ordinance No. 504
Development Agreement 2003-006, Amendment No.4
CP Development La Quinta, LLC / La Quints Residence Limited Partnership
Adopted: November 6, 2012
Page 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ►
CITY OF LA QUINTA ►
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 504 that
was introduced at a regular meeting on the 16th day of October, 2012, and was
adopted at a regular meeting held on the 6" day of November 2012, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution 2006-1 15.
SUSAN MAYSELS, CVy Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on November 8th, 2012, pursuant
to City Council Resolution.
SUSAN MAYSELS, C Clerk
City of La Quinta, California
EXHIBIT A
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Attn: Citv Clerk
(Exempt from Recording Fee per Go 't Code § 27383)
AMENDMENT NO.4 TO DEVELOPMENT AGREEMENT
This AMENDMENT NO.4 TO DEVELOPMENT AGREEMENT ("Amendment.
No. 4") is made and entered into as of , 2012 C Effecti*e Date") by and
between the CITY OF LA QUINTA, a California municipal corporation and charter city
organized and existing under the Constitution of the State of California (the "City"), and
LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited
liability company ('Developer").
RECITALS:
A. On or about December 18, 2003, the former La Quinta Redevelopment Agency
("Agency'? and CP Development La Quinta, LLC, a California limited liability company (the
"Original Developer"), .entered into that certain Disposition and Development Agreement (the
"Original DDA"), pursuant to which the Agency sold to the Original Developer that certain real
property located southeast of the Miles Avenue and Washington Street intersection in the City'of
La Quinta,. California 92253 (the "Site"), and the Original Developer agreed to construct,
complete, and operate thereon a commercial project containing a medical officetsurgical facility,
a development containing sanctuary villas, a mid -price suites hotel, a resort -style
condominium/casitas development, two (2) sit-down restaurants, and two (2) single-family
residential developments, with forty (40) of the single-family homes restricted for sale to
income -eligible buyers at restricted sales prices (collectively, the "Original Project').
B. The Original DDA has been amended on six (6) occasions, on or about October
28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20,
2006, on or about August 23, 2007, and on or about March 19, 2008 (collectively, the "Prior
DDA Amendments"). The Original DDA, as amended by the Prior DDA Amendments, is
hereinafter referred to as the "DDA," and the Original Project, as amended by the Prior DDA
Amendments, is hereinafter referred to as the "Project."
C. Concurrently with the execution of the Original DDA; the City and the Original
Developer entered into that certain Development Agreement dated December 18, 2003, and
recorded against the Site on January 5, 2004, as Instrument No. 2004-0005256in the Official
Records of the County of Riverside (the "Official Records"), for among other purposes,
UVOI5610-0061
31V303.2 a09n1l12
identifying the terms, conditions, and regulations for the construction of the Original Project (the.
"Original Development Agreement").
D.. City and the Original Developer have previously amended the Original
Development Agreement on three (3) occasions for purposes of modifying the Original
Development Agreement consistent with the Prior DDA Amendments, as follows: (i) on or about
October 28, 2004, City and the Original Developer entered into that certain Amendment No. 1 to
Development Agreement, which was recorded in the Official Records on November 8, 2004, as
Instrument No. 2004-0885063, (ii) on or about November 17, 2005, City and the Original
Developer entered into that certain Amendment No. 2 to Development Agreement, which was
recorded in the Official Records on December 19, 2005, as Instrument No. 2005-1045418, and
(iii) on or about May 6, 2008, City and the Original Developer entered into that certain
Amendment No. 3 to Development Agreement, which was recorded in the Official Records on
June 4, 2008, as Instrument No. 20OM303530 (collectively, the "Prior Development
Agreement Amendments'). The Original Development Agreement, as amended by the Prior
Development Agreement Amendments, is hereinafter referred to as the "Development
Agreement.",
E. On or about April 4, 2005, Parcel Map No. 31116, in the City of La Quints, was
filed in the Official Records of the County of Riverside in Book 212 of Parcel Maps at pages 60-
66, inclusive (the "Parcel Map'). The Parcel Map created legal parcels within the Site,
including but not limited to "Parcel 8," which was originally designated for development of a
sixty (60) unit single family residential development, and "Parcel 6" and "Parcel 7," which were
originally intended' for development of medical office buildings. Pursuant to Lot Line
Adjustment No. 2006-452, processed. through the City by the Original Developer, said
"Parcel 6, "Parml 7," and "Parcel 8" were merged into "Parcel A" and "Parcel B."
F. On or about July 1, 2011, CP sold and Developer purchased "Parcel B" for the
purpose. of Developer's construction thereon of (i) a one hundred thirty-two (132) suite
retirement community, (ii) four (4) single story duplex cottages, (iii) a. seventy-two (72) suite
assisted living community, and (iv) a thirty-two (32) bed memory can facility (collectively, the
"Senior Living Facility"). "Parcel B" is legally described in Exhibit "A', which is attached .
hereto and incorporated herein by this reference.
G. On June 28, 2011, the Governor signed Assembly Bill 26 -C ABx1 26') and
companion bill Assembly Bill 27 ("ABil 27") from the 2011-12 First Extraordinary Session of
the California Legislature. ABxl 26 immediately suspended all redevelopment agency activities,
except continued performance of "enforceable obligations; and set forth a process to dissolve
redevelopment agencies and end redevelopment in California. ABxi 27 provided a "voluntary
alternative redevelopment program," which would have allowed redevelopment agencies to
remain in existence and continue redevelopment, if remittance payments were made to cover the
State of California's budget shortfall for fiscal year 2011-12 and were made in subsequent fiscal
years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABx1 26
and ABxl 27. The California Supreme Court upheld the constitutionality of ABxl 26, revising
the effective dates of certain provisions, and struck down as unconstitutional ABxl 27.
(Californla Redeevelopment,4ssn: v Matosantos (2011) 53 Cal.0 231 ("CRA Case"). ABxl 26
is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension
provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code.
zursmz
azp03.2x sr
.owrrnz -2-
Under the CRA Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to
Health and Safety Code section 341710), added by Part 1.85 of Division 24, and City Council
Resolution No. 2012-002, the City is the "successor agency" to the former Agency.
H. On June 27, 2012, the Governor signed Assembly Bill 1484 from the 2011-2012
Regular Session of the California Legislature ("AB 1484"), which established that successor
agencies are separate legal entities from the entities that provide for their governance. As a
result of AB 1484, the successor agency to the former Agency is now formally the "City as
Successor Agency to the La Quinta Redevelopment Agency" (the "Successor Agency").
I. Concurrently herewith, Developer has submitted and the City has processed, an
amendment to the Center Point Specific Plan, also known as Specific Plan No. SP2001-055, as
previously amended (the "Specific Plan'), to modify the uses permitted on certain portions of
the Site (the "2011 Specific Plan Amendment"), and (ii) the Developer has submitted to the
Successor Agency, for approval, that certain Amendment No. 7 to Disposition and Development
Agreement ("Amendment No. 7 to DDA") to modify the residential component of the Project to
provide for the development of the Senior Living Facility.
J. The City and Developer now desire to amend the Development Agreement to
modify the description of the Project and certain obligations of the Developer set forth therein.
The parties contemplate that, concurrently with the City Council's consideration of this
Amendment No. 4, (i) the City Council will consider the 2011 Specific Plan Amendment, and
(ii) the Successor Agency will consider Amendment No. 7 to DDA.
K. The City Council has determined that this Amendment No. 4 is consistent with
the City's General Plan and the Specific Plan, as amended by the 2011 Specific Plan
Amendment, including the goals and objectives thereof.
L. All actions taken by City have been duly taken in accordance with all applicable
legal requirements, including the California Environmental Quality Act (Public Resources Code
Section 21000, . et seq.) ("CEQA"), and all other requirements for notice, public hearings,
findings, votes and other procedural matters.
M. On 2012, the City Council adopted its Ordinance No.
approving this Amendment No. 4. Unless otherwise specified herein, all capitalized terms in this
Amendment No. 4 shall have the meaning ascribed in the Development Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by this reference, and for valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The Development Agreement is hereby amended as follows:
1.1 To replace Section 3.1(C) with the following:..
81=15616OD61
3127303.2 &"21112 _ -3- .
(C) a retirement living facility ("Senior Living Facility'), to
be constructed on Parcel B of Lot Lime Adjustment No. 2006-452 in the City of
La. Quints; with
(i) a 132-suite retirement community; and
(ii) four single -story duplex cottages; and
(iii) a 72-suite assisted living community; and
(iv) a 32-bed memory care facility;
2. This Amendment No. 4 shall .not be effective unless and until C) the Successor
Agency has approved Amendment No. 7 to DDA, and the Successor Agency and Developer
have executed Amendment No. 7 to DDA, and (ii) Developer and the Original Developer have
executed an assignment and assumption agreement, in a form approved by the City Attorney,
pursuant to which the Original Developer assigns to the Developer and the Developer assumes
from the Original Developer all of the Original Developer's rights and obligations under the DA
with respect to Parcel B and the Senior Living Facility.
3. Except as otherwise expressly provided in this Amendment No. 4, all of the terms
and conditions of the Development Agreement shall remain in full force and effect.
4. In the event of any action between City and Developer seeking enforcement of
any of the terms and conditions to this Amendment No. 4, the prevailing party in such action
shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and
expenses, including without limitation its expert witness fees and reasonable attorney's fees.
5. This Amendment No..4 shall be construed according to its fair meaning and as if
prepared by both parties hereto.
6. This Amendment No. 4 shall be governed by the internal laws of the State of
California and any question arising hereunder shall be construed or determined according to such
law. The Superior Court of the State of California in and for the County of Riverside, or such
other appropriate court in such county, shall have exclusive jurisdiction of any litigation between
the parties concerning this. Amendment No. 4. Service of process on City shall be made in
accordance with California law. Service of process on Developer shall be made in any manner
permitted by California law and shall be effective whether served inside or outside California.
7. Time is of the essence of this Amendment No. 4 and of each and every term and
provision hereof.
8. A waiver of a provision hereof; or modification of say provision herein contained;
shall be effective only if said waiver or modification is in writing, and signed by both City and
Developer. No waiver of any breach or default by any party hereto shall be considered to be a
waiver of any breach or default unless expressly provided herein or in the waiver.
9. Signatures of the parties transmitted by facsimile shall be deemed binding.
However, each party agrees to submit their original signature to the other parry within five (5)
business days after execution hereof,
sevolwla.00sl
31273032 &MI/12 4-
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10. This Amendment No. 4 may be executed in counterparts, each of which, when
this Amendment No. 4 has been signed by all the parties hereto, shall be deemed an original, and
i
such counterparts shall constitute one and the same instrument.
11. The Person(s) executing this Amendment No. 4. on behalf of each of the parties
hereto represent and warrant that (i) such party is duty organized and existing„ (u) they are duly
authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so
executing this Amendment No. 4 such party is formally bound to the provisions of.this
Amendment No' 4, and (iv). the entering into this Amendment No. 4 does not violate any
provision of any other agreement to which such party is bound.
[Signatures on next page]
887/015610-0061
31273032aOMI/12 -5-
IN WITNESS WHEREOF, City and Developer each hereby represents that it has read
this Amendment No. 4, understands it, and hereby executes this Amendment No. 4 to be
effective as of the day and year first written above.
"Developer"
LA QUINTA RETIREMENT RESIDENCE
LUMTED PARTNERSHIP, a Washington
limited partnership
By: La Quinta GP LLC, a Washington limited
liability company
Its: General Partner
By: Hawthorn Management Services
Corp., a Washington ration
Its: Manager/&
Date: O Est- 2012 By:
Barton G. Colson
Its: President
Katy„
CITY OF LA QUINTA, a California
municipal corporation and charter city .
organized and existing under the Constitution
of the State of California
Date: 2012 By:
Frank J. Spevacek, City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
M. Katherine Jenson, City Attorney
31273032.osmn2 -6-
��
State of )
County of+av me VRR k )
OnAb4ki /0 j beforeme, Win R. EiO'wS
Notary Public, personally appeared &4M cz, <IDsat w w and We of the officer)who proved to me on the basis of satisfactory evidence to be the personal whose nameA is/ere
subscribed to the within -instrument and acknowledged to me that helshekhey executed the same
in hisAwxAkeir authorized capacity(ies), and that by hisilierkheir signaturox on the instrument
the persof}W,, or the entity upon behalf of which the personXCted, 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
Si afore N �
gn
State of California
County of Riverside
On
before me,
NOTARY PUBLIC
STATE OF WASHINGTON
ROBIN R. GOINS
COIItlD"00 26.2015-
(insert woe and Me of the officer)
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 hatshe/they executed the same
in his/her/their authorized eapacity(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
633/D15610.0061
3137303.1s09/71/12 - - -7-
(Seal)
LEGAL DESCRIPTION OF PARCEL B
Reai prape ty in the City of La Qum, County of Rhmrside, Slate of Callbnla, described as .
rdlows:
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO.2006-452 AS EVIDENCED BY D MENT
RECORDED APRIL 19, 2006 AS INSTRUMENT NO.2006.02OD726 OF OFFICIAL RECORt$S, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IN THE CITY OF LA QU TTA, COUNTY OF RIVMSIDE, STATE OF CALTFORNIA, PARCEL 8
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO.3111.6, AS SHOWN BY MAP
ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE
COUNTY RECORDS, BEING IN THE SOU H HALF OF SECTION 191 TOWNSHIP 5 SOUTH, RANGE
7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS .FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL. 8;
THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID
PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES:
(1) NORTH 43° 56' 44" EAST, A DISTANCE OF M65 FEET;
(2) THENCE NORTH 00012' 13" WEST, A DISTANCE OF 790.73 FEET;
(3) THENCE SOUTH 8r 47' 47" WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A
TANGENT CARVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF 80.00 FEET;
(4) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A -CENTRAL ANGLE
OF 450 27 41; AN ARC DISTANCE OF 63.48 FEET,
(5) THENCE TANGENT TO SAID CURVE NORTH 440 44' 32" WEST, A DISTANCE OF 91.61 MET
TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 440.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 490
W 37" EAST;
THENCE SOUMWESTERLY ALONG THE ARC OF SAID. CURVE AND CONTINUING ALONG SAID
NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7,
THROUGH A CENTRAL ANGLE OF 236 S4' 45", AN ARC DISTANCE OF 183.63 FEET TO THE
BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWEST' ny, HAVING A RADR S OF
840.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 2911` 52" EAST,
THENCE SOUIFRNESTERLY ALONG THE ARC OF SAID CURVE AND CONTDNUiNG ALONG SAID
NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 040 02' 08", AN ARC
DISTANCE OF 59.16 FEET TRH THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL
71
8MIS610aa1
312M12AM1112
THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 7 THROUGH THE FOLLOWING THREE
(3) COURSES- .
(1) SOUTH 160 37 14" EAST AND NON -TANGENT TO LAST SAID CURVE, AS DISTANCE OF 55.87
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF
250.00 FIST,
(2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
20° 4P 2201 AN ARC DISTANCE OF 90.27 FEET;
(3) THENCE TANGENT TO SAID CURVE SOUTH 040 02' 06' WEST, A DISTANCE OF 333.46 FEET
TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 8;
THENCE LEAVING SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION AND
SAID SOUTHWESTERLY LINE OF PARCEL 8, SOUTH Sp ICY 13" EAST, A DISTANCE Of 592.88
FEETT+O THE POINT OF BEGINNING.
EXCEPTING THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE, HEREIN
DESCRIBED ALL INTEREST OF THE AGENCY IN OIL GAS,. HYDROCARBON SUBSTANCES AND
MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET
BELOW THE SURFACE, TOG£IHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE
AND OCCUPY ALL PARTS OFTHE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET
BELOW THE. SURFACE THEROF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE
EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR
MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT
TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THtROF WITHIN FIVE
HUNDRED (500) FEET OF THE SURFACE FOR ANY. PURPOSE OR PURPOSES WHA7SOEYER, OR
TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE 70 THE USE OR
ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA QUINTA
REDEVELOPMENT AGENCY, RECORDED DEC EMBER 09, 2004 AS INSTRUMENT NO.04.979137 .
OF OFFICIAL RECORDS.
APN: 604-630.027-6
31273 3.2.M1
II37307.i a09R1/I2 -2-
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