HomeMy WebLinkAboutItem 2A - Attachment B - Legal Definition, Description, & Depiction of APN 513-144-012 (Exhibit A to Resolution of Necessity)55575.38270\42938684.1
Legal Definition of Property to be Acquired
The following is the definition of legal rights to be acquired by the City of Palm Springs
(“City”) for its proposed Plaza Theatre Restoration Project (“Project”):
As to Assessor Parcel Number 513-144-012 (the “Burdened Parcel”)
“Permanent Access Easement” refers to a non-exclusive permanent access easement in
favor of the City and to its successors, and assigns, with the right to forever construct, maintain,
improve, alter, relocate, inspect, occupy, and use for the purpose of providing safe, code-compliant
ingress and egress to and from the adjacent property, currently referred to as the Plaza Theatre and
known as Assessor Parcel number 513-144-010 (the “Benefited Parcel”), including the right to
use the Permanent Access Easement area for gathering, staging, holding events, hosting VIP
reception areas, conducting special events, and any other related or accessory uses that may be
deemed by the City to be necessary or convenient for the operation or use of the Benefited Parcel
and other public uses, as determined necessary or convenient by the City together with all
necessary rights incidental thereto, on, over, under, and across the Permanent Access Easement
Area in connection with the exercise of any easement rights described herein.
The owner, its lessees, assigns and successors may not erect or construct, or permit to be
erected or constructed, any building, structure or improvement on, over, or under any portion of
the Permanent Access Easement, or plant trees or any other vegetation on any portion of the
Permanent Access Easement except with the prior written consent of the City or its successors and
assigns.
The owner, its lessees, assigns and successors may not place or permit or cause to be placed
any furniture, fixtures or equipment on, in, over, under or across the Permanent Access Easement
area if the placement of such items interferes with the City’s purpose and use of the Permanent
Access Easement.
The City has the right to clean, trim, cut or clear away any trees, brush, or other vegetation
from time to time as determined in its sole discretion, without payment of additional compensation.
The City has the right to remove, clean or clear away and dispose of any items, fixtures or
equipment located in the Permanent Access Easement Area as determined in its sole discretion,
without payment of additional compensation.
No other easements, licenses, or rights of way may be granted on, under or over the
Permanent Access Easement area without the prior written consent of the City or its successors
and assigns.
The owner, its lessees, assigns and successors shall not cause, directly, indirectly or
negligently, any interference with or harm to the rights conveyed hereunder.
The owner, its lessees, assigns and successors will not allow any change in surface or
subsurface conditions including but not limited to placing fences, trees, walls, buildings, structures
earth fills, excavations, construction of loading surcharge on or over the Permanent Access
Easement area without prior written approval of the City.
55575.38270\42938684.1
The owner, its lessees, assigns and successors shall not cause, directly, indirectly or
negligently, any interference with or harm to the rights conveyed hereunder.
PAGE 1 OF 2
EXHIBIT “A”
PUBLIC ACCESS EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF BLOCK 27 OF PALM SPRINGS, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP OF PALM SPRINGS
IN BOOK 9, PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 27;
THENCE SOUTH 00° 08' 00" EAST, A DISTANCE 137.10 FEET, ALONG THE WEST LINE OF
SAID BLOCK 27, ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF PALM
CANYON DRIVE, SHOWN AS MAIN STREET, 40.00 FEET IN HALF-WIDTH, ON SAID MAP
OF PALM SPRINGS, TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE OF BLOCK 27 AND SAID EASTERLY RIGHT-OF-WAY
LINE, NORTH 89° 52' 00" EAST, PARALLEL WITH THE NORTH LINE OF SAID BLOCK 27, A
DISTANCE OF 52.12 FEET;
THENCE NORTH 00° 08' 00" WEST, PARALLEL WITH THE WEST LINE OF SAID BLOCK 27,
A DISTANCE OF 2.10 FEET;
THENCE NORTH 89° 52' 00" EAST, PARALLEL WITH THE NORTH LINE OF SAID BLOCK 27,
A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00° 08' 00" EAST, PARALLEL WITH THE WEST LINE OF SAID BLOCK 27, A
DISTANCE OF 24.20 FEET;
THENCE SOUTH 89° 52' 00" WEST, PARALLEL WITH THE NORTH LINE OF SAID BLOCK
27, A DISTANCE OF 10.00 FEET;
THENCE NORTH 00° 08' 00" WEST, PARALLEL WITH THE WEST LINE OF SAID BLOCK 27,
A DISTANCE OF 2.10 FEET;
THENCE SOUTH 89° 52' 00" WEST, PARALLEL WITH THE NORTH LINE OF SAID BLOCK
27, A DISTANCE OF 52.12 FEET, TO A POINT ON THE WEST LINE OF SAID BLOCK 27, AND
SAID EASTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE;
THENCE NORTH 00° 08' 00" WEST, ALONG SAID WEST LINE AND SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING.
THE AREA OF THIS EASEMENT CONTAINS 1,284.40 SQUARE FEET (0.03 ACRES), MORE
OR LESS.
SEE ATTACHED EXHIBIT “B” HEREWITH AND BY REFERENCE MADE A PART THEREOF.
PAGE 2 OF 2
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
___________________________________________
ROBERT C. OLLERTON, P.L.S. 7731
DATE: _______________
11/18/2024
CL
WELWOOD MURRAY LIBRARY
PLAZA THEATRE
APN: 513-144-006
APN: 513-144-002
APN: 513-144-010APN: 513-144-012
APN: 513-144-011
APN: 513-144-013
AP
N
:
5
1
3
-
1
4
4
-
0
0
7
AP
N
:
5
1
3
-
1
4
4
-
0
0
1
APN: 513-144-009
CL
11/18/2024