HomeMy WebLinkAboutA1997 - DANA TROUPE BIGELOW 344 360 RACQUET CLUB CS 5.0264 41-
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r\-,D Dana Troupe Bigelow
c/o Perrier, Dougherty & Cribbs W Dana Troupe Bigelow Zoning
Attorneys at Law contract re 5.0264 z/c for
3001 TaLhquitz-McCallum Way 344 & 360 W. Racquet club Rd.
Suite 205 AGREEMENT #1997(Orig 9-27-83)
Palm Springs, California 92262 CM signed 10-19-83
Recorded 11-1-83 #227596
Re: Rezoning of Properties owned by Dana Troupe Bigelow;
Planning Case No. 5 . 0264-CZ
Dear Mrs. Bigelow:
It is the intent of this letter to create a contract between
Dana Troupe Bigelow and the City of Palm Springs whereby the
City of Palm Springs agrees to rezone certain property now
held by Dana Troupe Bigelow and identified as County Asses-
sor ' s Parcel No. 504-140-011 and County Assessor' s Parcel
No. 504-140-012 from R-G-A(6) Cluster Residential to C-1
Central Retail Business.
Dana Troupe Bigelow warrants that she is the sole owner of
the subject properties; that she has the right and power to
enter into this contract, and upon entering into this con-
tract, the conditions and restrictions set forth herein
shall become binding on the subject properties . By execu-
tion of this document Dana Troupe Bigelow accepts and agrees
that these properties shall be subject to the following
conditions and restrictions :
1. Whenever said properties or any part thereof shall
be devoted to commercial use, either by so utilizing
the present structure or otherwise, said property shall
be subject to architectural review by the Architectural
Advisory Committee and the Planning Commission pursuant
to Zoning Ordinance Section 9403 . 00;
2 . The City Council has found that the subject
properties consist of two contiguous nonconforming
parcels , created prior to the adoption of this ordin-
ance which makes them nonconforming, which are held
Post Office Box 1786, Palm Springs. California 92263-1786
i i
by the same owner and that one such contiguous parcel
is not developed with a structure for which a permit
j has been issued by the City. Therefore, pursuant to
Zoning Ordinance Section 9404 . 022 such parcels shall
be merged and a parcel map shall be filed by the City
for such purpose and shall be processed in accordance
with the requirements of the Subdivision Ordinance.
No fee shall be required of the property owner for the
filing of this parcel map;
3 . Said parcel map shall include an offer of dedica-
tion by the property owner to the City of Palm Springs
of that portion of said properties which is adjacent
to Racquet Club Road and within 44 feet of the center-
line of Racquet Club Road. Said offer of dedication
shall be accepted by the City at such time as said
property, or any part thereof, shall be devoted to com-
mercial use;
4. The property owner shall enter into a covenant
with the City to install all necessary offsite improve-
ments, such as sidewalks and landscaping, as required
by the City Engineer. The duty to perform pursuant
to this covenant shall arise when the subject property,
or any part thereof, shall be devoted to commercial use;
5 . That structure now existing on the subject pro-
perties shall not be used for residential purposes
after ten years from the date the ordinance which
rezones this property becomes effective.
6. No structure shall hereafter be erected on the
subject properties whose height shall exceed 24 feet
except on approval of the Planning Commission.
7 . The parties contemplate that this agreement shall
be recorded in the official records of Riverside
County.
Stateof r- Ak1FOR/1IA Onthlsthe.«__dayof 1167:6QER 19", before me,
SS.
County of _� 1�r'BS'J AE 1 0 I E
the undersigned Notary Public, personally appeared
ut
' personally known to me
OFFICIAL SEAL ❑ proved tome on the basis of satisfactory evidence
OLIVE SMARSHALL AkE subscribed to the
to be the person(s)whose name(s)
ua. NOTARY PUBLIC . CALIFORNIA
RIVERSIDE COUNTY within instrument,and acknowledged that executed it.
x7;
My Comm. expires JUN 1D, im WITNESS my hand and official seal.
Notary's Signature
GENERAL ACKNOWLEDGMENT FORM
U �
C O V E N A N T
(To Install Street Improvements Upon Notice ��g c
�, $_ Va
` `
WHEREAS , the undersigned I
r DANA TROUPE BIGELOW
hereby represents and warrants that she is the record owner of
the following real property in the Citv of Palm Springs , California:
Legal Description:
County Assessor ' s Parcel No. 504-140-011
and
County Assessor ' s Parcel No. 504-140-012
Street Address:
360 W. Racquet Club Road
and
344 W. Racquet Club Road
AND WHEREAS, the undersigned has requested the City of Palm
Springs to rezone said property from R-G-A(6) Cluster Residential
to C-1 Central Retail Business; and
WHEREAS, as a condition to the rezoning of said real property,
the undersigned has agreed to enter into a covenant with the City
of Palm Springs to install all necessary offsite improvements,
such as sidewalks and landscaping, as required by the City Engineer
when said property, or any part thereof, shall be devoted to
commercial use;
NOW, THEREFORE, in consideration of the foregoing and the
rezoning of said property by the City of Palm Springs from R-G-A(6)
Cluster Residential to C-1 Central Retail Business, the under-
signed hereby covenants , promises and agrees with said city as
follows :
1 . Within ninety (90) days after mailing or personal delivery of
official notice from the Director of Community Development or
other officer or employee of the City of Palm Springs authorized
to give such notice to the then record owners , addressed to- the
mailing address of the aforesaid real property or personally
delivered to the record owners, requiring construction or installa-
tion of such offsite improvements, the undersigned or the succes-
sors in interest of the undersigned shall apply for all necessary
permits therefor, and at their sole expense shall commence or
cause to be commenced the installation of said offsite improve-
ments. The work of constructing or installing such offsite
improvements shall be prosecuted diligently to completion. All of
such improvements shall be completed and ready for final inspec-
tion and acceptance by the City of Palm Springs within 120 days
after the mailing or other delivery of said notice.
2 . If the City of Palm Springs elects to install or cause said
offsite improvements to be installed alone or as part of a larger
project through an improvement district, assessment district,
benefit area or any other plan or procedure provided by law for
the installation and financing of public improvements, the under-
signed for herself and her successors in interest agrees to
participate in and pay their proportionate share of the costs
thereof and hereby waives the owner ' s right to protest the forma-
tion of any assessment district or imposition of assessment under
the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 and under any other special assessment pro-
cedure to which the Act applies.
3 . The warranties and covenants herein contained are hereby
acknowledged to be for the benefit of the above described parcels
p� of real property as well as of surrounding properties and shall be
and remain in effect until all or any part thereof is eliminated
or affected or expressly released by appropriate action of the
(� City of Palm Springs and are intended to be and shall continue to
be covenants running with the land hereinabove described and shall
be binding upon the legal representatives, successors and assigns
of the undersigned. The City of Palm Springs shall have the right
to enforce this agreement by legal action for specific performance
or by any other appropriate legal remedy or action; and in event
of default by the undersigned, the City of Palm Springs may, at
its option, enter the property and cause the required work and
construction to be accomplished and in such event the costs and
expenses reasonably incurred by the City shall be assessed as a
lien against the property, which may be foreclosed upon in and by
an appropriate judicial action in order to collect the amounts
due.
4 . Should legal action be brought by the City of Palm Springs in
order to enforce any provision of this instrument, the City shall
be entitled to recover in connection with any such suit a reasonable
attorney' s fee.
DATED:
Approved for rec r tion :
Date:
QSs,S/ CITY ATTORNEY
(INDIVIDUAL) (CORPORATION)
TATE OF CALIFORNIqq � +
OUNTY OF {� / t/t=2Sl Pr} SS. STATE OF CALIFORNIA j SS.
COUNTY OF
n . Q.G.T.... /,c/. 1�/�3 On ................"........ .^fore me, the undersigned, a Notary Public in and for said ........
before me, the undersigned, a Notary Public in and for sai(
ounty and State, personally appeared................. Count and State, personally a
n T Y P Y PPcnred.-----.._.................•--.--
._. ................----,�... NLQ..-...K.. i71. .t.f. w l.(�...... known to me to be the.....---.................---
... ......... ... ........... ...President
.. ........ . . __.................. ... .......................
........ .............................-.. and ....................................-' .
. ... ................ ................... ........................_......................... .... known to me to be............... . ......_.... -------
--......Secretary o
gown to me to be the person
ibscrib .. whose name....../s ..._. the Corporation that executed the within Instrument, knowr
d to the wtthin Instrument and acknowledged---that to me to be the persons who executed the within Instrumem
on behalf of the Cm poridon therein named, and neknowledget
-------------xNC--_..........executed the some. to me that such Corporation executed the within Instrument
ITNESS my hand and official seal. Pursuant to its by-laws or a resolution of its board of directors
WITNESS my hand and official seal.
leap ,. ./...1.- /WRLR-C�../�/�� (Seal)
Notary Public in and for sold County and State......... ................
...-........... .................... ..................
. ...-........__...........a--te-----
Notary Public in and for said County and Slate.
y 1 OFFICIAL SEAL
Li 11 OLIVE 5 MARSHALL
4•' NOTARY PUBLIC • CALIFORNIA
.N RIVERSIDE COUNTY
My Comm. expires JUN 10, 19"
STATE OF CALIFORN ,
I SS.
County of
ON Tins day of---.--, 19_, before me,
a Notary Public in and for said County and State, personally appeared
known to me,
to be one of the partners of the partnership that executed the within instrument,
and acknowledged to me that such partnership executed the same.
IN WITNESS WImIEOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
Notary Publk to and for mid County and State
ACKNOWLEDGMENT—PAnTH[nf HIP—WOLCOTrz FORM 235 5.43,
'RETURN T0:
C11Y CLERK ORDINANCE NO. 1200 o Y tJ
CITY OF PALM SPRINGS k v
RQH 1786 AN ORDINANCE OF THE CITY OF PALM SPRINGS , o � N
CALIFORNIA, AMENDING THE ZONING MAP BY a $
P,AImM SRRI�IGS, CA. 92263
REZONING CERTAIN PROPERTY IN SECTION 3 >
W � o
^' Ic m
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA DOES
�r ORDAIN AS FOLLOWS :
SECTION 1 . Pursuant to Section 9406 . 00 of the Palm Springs Zoning
Ordinance, the official Zoning Map of the City of Palm Springs,
referred to therein is hereby amended as follows :
Zone Changes
The parcels of property legally shown on the attached
Exhibit "A" are rezoned as shown on said Exhibit.
SECTION 2 . Upon adoption of this ordinance the above described
properties shall be subject to the following conditions and restric-
tions:
1. Whenever said properties or any part thereof shall be
devoted to commercial use, either by so utilizing the present
structure or otherwise, said property shall be subject to
architectural review by the Architectural Advisory Committee
and the Planning Commission pursuant to Zoning Ordinance
Section 9403 . 00;
2 . The City Council finds that the subject properties consist
of two contiguous nonconforming parcels, created prior to the
adoption of this ordinance which makes them nonconforming,
which are held by the same owner and that one such contiguous -
parcel is not developed w=th_ a_structure_ for which a permit
- has been issued by the city. Therefore, pursuant to Zoning
Ordinance Section 9404 . 022 such parcels shall be merged and
a parcel map shall be filed by the city for such purpose and
shall be processed in accordance with the requirements of
the Subdivision Ordinance. No fee shall be required of the
property owner for the filing of this parcel map;
3 . Said parcel map shall include an offer of dedication by
the property owner to the City of Palm Springs of that portion
of said properties which is adjacent to Racquet Club Road and
within 44 feet of the centerline of Racquet Club Road. Said
offer of dedication shall be accepted by the city at such time
as said property, or any part thereof, shall be devoted to
commercial use;
4 . The property owner shall enter into a covenant with the
city to install all necessary offsite improvements, such as
sidewalks and landscaping, as required by the City Engineer .
The duty to perform pursuant to this covenant shall arise
when the subject property, or any part thereof , shall be
devoted to commercial use;
5. That structure now existing on the subject properties
shall not be used for residential purposes after ten years
from the date this ordinance becomes effective;
6 . No structure shall hereafter be erected on the subject
properties whose height shall exceed 24 feet except on
approval of the Planning Commission.
5:
ORD. NO. 1200
Page 2 .
CIIIZ
C?
SECTION 3 . EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause the same or
a summary thereof or a display advertisement, duly prepared according
to law, to be published in accordance with law. .
ADOPTED this 19th day of October , 1963 .
AYES : Councilmembers Doyle, Maryanov, Smith and Mayor Bogert
NOES : Councilmember Foster
ABSENT: None
ATTE$T�y CITY OF PALM SPRINGS , ORNIA
City Clerk Mayo
REVIEWED 5 APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1200 was duly adopted by the City Council
of the City of Palm Springs, California in a meeting thereof held on the 19th day of
October, 1983, and that same was duly published in THE DESERT SUN, a newspaper of
general circulation on October 26, 1983.
- - — �� �dUDITH SUMICH
City Clerk
,LRrI)I _r-xIIrY THAT iHF roREEGOING Is A IRUL Culls• wn
:I i�`:AVCC Nn d 0-------------_ DULY ADOPTED BY THE
-I OI I I IB' CITY OF PhLRd SPRINGS IN A IMEETING
lif Jq` '- DAYOI'ftt ;X -/— 3.
CALIFORN
IA
1111S _����- DAY OP Q r-7 y
rI'r'v OF PAT N SPRIVC,& CAi.TPORNiW
EXHIBIT "A"
ru
-
c'� I
CHANGE FROM LOT5 i LOT
R-G-A(6) TO C- 1
/00' /00 - -- I---
�j Loom I S 00JE4 "DAVOry
a Tll SLOT/2 LOT13iLOT/4
N I
RACQUET CLUB FjOir
D. OAo cl
R-I - C FRP
\\` &D 'po,oR•G-A (6)
-ALVAA DO —ROAD R- G-A (6)
0 R-G•A(6)1
1 c-DRa c «DAD R_2 R-2
406 z R-G -A (6)
lz DAD
c" R-G.A (6;
ZONING ANDS' SITE '.
VICINITY 1p "
o 0% H N J
R'G"A(6) R-2
C ITY OF PALM SPRINGS_
CASE NO. 5.0264-CUP APPROVED BY PLAN, COMM. DATE
APPLICANT 0. Troupe APPROVED BY COUNCIL DATE
REMARKS Section 3 ORD. NO. 1200 RESOL. NO. -