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HomeMy WebLinkAbout2012 - 2012-0271146 - 6/6/2012 DOC # 2012-0271146 06/13/2012 10:13A Fee:NC Page 1 of 15 Recorded in official Records County of Riverside Larry W. Ward WHEN RECORDED RETURN TO: Assessor, County Clerk & Recorder City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII City of Palm Springs P.O. Box 2743 S R U PAGE SIZE DA MISC LONG RFD COPY Palm Springs, California 92263 REXAM /�(� M A L 466 426 PCOR NCOR ClM'1' UNI �/vv 'NUS CC' TITLE OF DOCUMENT: EASEMENT AGREEMENT Recording Requesting by and After Recording Return to: City Clerk City of Palm Springs P.O.Box 2743 Palm Springs,Ca 92263 (FOR RECORDERS USE ONLY) Pursuant to Government Code Section 6103,this doom out m being recorded as a benefit to the city of Palm Slump and recording fees shall not apply. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement") is made this 6th day of June, 2012, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Pacifica Colony Palms, LLC, a California limited liability company ("Owner")with reference to the following: A. Owner is the owner of that certain real property in the City of Palm Springs, California, commonly known as 572 North Indian Canyon Drive, Palm Springs, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Benefited Property"). B. Owner owns and operates a hotel on the Benefited Property pursuant to a conditional use permit("CUP")granted to Owner by the City in 2006. C. The CUP, as approved, shows that portions of the parking lot on the Benefited Property lie within the boundaries of adjacent property owned by the City. D. The City finds that Owner's continued operation of a hotel on the Benefited Property is a benefit to the City's economy in terms of jobs and transient occupancy tax. E. The City now desires to formally grant to Owner an easement over that certain property described on Exhibit "B" attached hereto and incorporated herein by this reference ("Easement Area"), for the purpose of maintaining thereon areas for landscaping, parking, ingress and egress as approved pursuant to the CUP in conjunction with the operation and maintenance of a hotel on the Benefited Property. F. The execution of this Agreement is exempt from CEQA as it will not result in any physical change to the environment and therefore it will not result in any environmental impact. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Easements. The City hereby grants to Owner, an exclusive easement ("Easement") over the Easement Area, which Easement shall be appurtenant to the Benefited Property, perpetual and irrevocable so long as the Benefited Property is used and maintained as a hotel. 2. Use of Easement. The Easement may be used by the owners, lessees, sublessees and invitees of the Benefited Property, their agents, employees, guests, invitees, � ' 4FaF tf1� 3F1111111111111111111111111111111111111111111111111111111 o customers, licensees; franchisees, suppliers, deliverymen, contractors and subcontractors, for purposes of landscaping, parking and motor vehicle and pedestrian ingress, egress and access to and from the Benefited Property consistent with the CUP. 3. Maintenance of Easement Areas. Owner, its successors and assigns, shall be responsible for ensuring that the Easement Area is at all times operated and maintained in a state of good order and repair, and in a neat, clean, safe, sanitary, operable and usable condition. In the event that Owner, or any of its successors in interest, fails to maintain the Easement Area as required herein, the City shall have the right, but not the obligation, to notify in writing the Owner of such failure, and, if such failure has not been corrected within a reasonable period of time after delivery of such notice, but in any event not longer than 30 days thereafter, the City (its agents, employees and contractors) shall have the right, but not the obligation, to go upon the Easement Area and bring such area into compliance with the requirements of this Agreement, and charge and hold the Owner responsible for all costs and expenses reasonably incurred in connection therewith. 4. Insurance. Owner shall be responsible for obtaining and maintaining its own policy of liability insurance to cover activities and occurrences on the Easement Area. Said insurance shall name the City as an additional insured, and provide that it may not be cancelled without less than 30 days prior notice to the City. 5. Indemnification. In consideration for the grant of easement contained herein, Owner agrees, for itself and its successors and assigns, that it shall indemnify, defend and hold the City, its officers, employees, agents and servants harmless from any and all liability, claim, action or cost which any of them may incur to the extent caused by Owner, its agents, servants, employees, customers, invitees and/or guests entering onto the Easement Area. 6. Authority of the Parties. In executing this Agreement, the Parties hereby warrant and represent that this agreement has been duly approved, all necessary consents have been obtained, and the execution of this agreement does not conflict or otherwise violate any other agreements or undertakings by which either of the Parties are bound. 7. General Provisions. The general provisions set forth below shall be applicable. A. Attorney's Fees . In the event of any litigation arising out of or relating to this Agreement, or the breach or performance of it, the prevailing party shall be entitled to recover reasonable attorneys fees and court costs incurred in connection therewith. B. Binding on Successors . This Agreement and the Easement granted herein shall run with the land, and be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. C. Effect of Unenforceable Terms . In the event any term, provision, covenant or condition contained herein is held invalid, void or otherwise unenforceable by any court of competent jurisdiction, such decision shall not affect the remaining terms. D. Governing Law . This Agreement, and the rights and obligations of the parties hereunder, shall be construed, governed and enforced in accordance with the laws of the State of California. zy ¢ 11111111111111111111111111111111I1II11111111 III eE11 30f1s6,F E. Remedies. In the event of any breach or violation by any Owner, or any of such Owner's authorized users, the City shall have the right, but not the obligation, to initiate action by proceedings at law or in equity to enjoin such breach or violation and/or recover all damages incurred in connection therewith. In the event the Benefited Property ceases to be used or maintained as a hotel for six or more months, this easement shall terminate. All remedies shall be cumulative and not exclusive. F. Time of Essence . Time is of the essence of this Agreement and each and every term and provision hereof. G. Exhibits and Recitals . All exhibits and recitals referenced herein are incorporated into this Agreement as though set forth in full. H. Counterparts. This Agreement may be signed in counterparts and shall be effective as though signed with one document. IN WITNESS WHEREOF, the parties have executed this Agreement and made it effective as of the date of recording with the Official Records of Riverside County, California. CITY OF PALM SPRINGS, a California charter city and municipal corporation David Ready, C ATTEST: mes Thompson, City Clerk ,J APPR V S TO FORM Douglas Holland, City Attorney Pacifica Colony Palms LLC, A California limited liability company By: Its: IIIII IIIIIII IIIII IIIII II IIIIIIII III III IIIII IIII IIII FaF 2©1 45 40 ff 115 .�fl E. Remedies. In the event of any breach or violation by any Owner, or any of such Owner's authorized users, the City shall have the right; but not the obligation, to initiate action by proceedings at law or in equity to enjoin such breach or violation and/or recover all damages incurred in connection therewith. In the event the Benefited Property ceases to be used or maintained as a hotel for six or more months, this easement shall terminate. All remedies shall be cumulative and not exclusive. F. Time of Essence . Time is of the essence of this Agreement and each and every term and provision hereof. G. Exhibits and Recitals . All exhibits and recitals referenced herein are incorporated into this Agreement as though set forth in full. H. Counterparts. This Agreement may be signed in counterparts and shall be effective as though signed with one document. IN WITNESS WHEREOF, the parties have executed this Agreement and made it effective as of the date of recording with the Official Records of Riverside County, California. CITY OF PALM SPRINGS, a California charter city and municipal corporation David Ready, Ci a ATTEST: mes Thompson, City Clerk APPR V S TO FORM Douglas'Holland, City Attorney Pacifica Colony Palms LLC, A California limited liability company By: Its: MAC% p I(IIIII IIIIIII IIIII IIIII II(IIIIIII IIIII III IIIII IIII IIII roc,/lyl ,10 13H Of Pacifica Colony Palms LLC, A California limited liability company �G By: Andre Carpiac Its Managing Member III II I IIIII I I II I IIII I IIIII III II II I II III �i 16 of R27145 °F "F 5 ALL-PURPOSE ACKNOWLEDGMENT STATE OF } } SS COUNTY OF er d e } On\) a nc a n(a before me, n-c�. tl Notary Public, DATE personally appeared :11�c ,Z'J who proved to me on the basis of satisfactory evidence to be the persons)whose name(a) is/a;&subscribed to the within instrument and acknowledged to me that he/shefthep executed the same in hislke#their•authorized capacity(L*, and that by his/ber##ieir signatures(s) on the instrument the person(*, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caldomia that the foregoing paragraph is true and correct. (Seal) WITNESS my hand and official seal. LeO"PulNc=Caft" Signature of Notary RWMI tCowly Comm. Die 17 t ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Documents ,.5 ,,w-z J A c r o. Mgt - s ti a n MUST BE ATTACHED V"'. ^fay TO THE DOCUMENT Number of Pages I DATE of DOCUMENT J aa, DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ,/ IIII II III IIIII I II I III I IIII III II II IIII III re, '- f'15 F 08 Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: B. O'Camb Commission#: 1961163 Place of Execution: Riverside County, California Date Commission Expires: December 17, 2015 Date: June 12, 2012 Signature: A�.k.�R�lcuww�ti Lucille E. Swanner LES\RECORDMG CLA ICAT10N RE ILLEGIBLE NOTARY SEAL III III IH III I IIII II III II III Fas.� 1.of 15 13N STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) On June 12, 2012, before me, Lucille E. Swanner, Notary Public, personally appeared BRITTEN SHUFORD who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person 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. AI. i pQ DC✓vlms w LUCILLE E. SWARRER SIGNATURE OF NOTARY < Commission# 1890448 _ `� Notary public•California i Riverside County My Comm.Expires May 21,2014 IIII II I IIIII II I II I IIIII II II II III IIII rF, 1f 2N 2 1©413A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California County of l�© � -nG�Zs I On f0 `7 Z before me, lk O(7 I 0 R • 505AJ a At w4�.,. Date Here Insert Name and Title of the Officer personally appeared k o s-r ?i"O ac— Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s(whose name(sf is/arcf subscribed to the within instrument and acknowledged to me that he/shd tbeff executed the same in his/her/ter authorized capacity(jK, and that by his/heflthehr signature(s) on the instrument the person($), or the entity upon behalf of which the MVE R.so person(4 acted, executed the instrument. Caanissbn f 1931819� No"pok-caorft I certify under PENALTY OF PERJURY under the Lot I Ca" laws of the State of California that the foregoing 8,gis paragraph is true and correct. WITNESS my hand and official seal. Signature. V�yyIt�CXL—�� Place Notary Seal Above OPTIONAL Signature of Notary Public� Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner—El Limited [I General Top or momb here ❑ Partner — ❑Limited ❑General rop or rhumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-80M76-6827) Item#5907 1111III1IIE111III1IIIIIIIII1111I111 1111 es201e f15 R EXHIBIT "A" Lots 1-6, inclusive, Block G, and a portion of Lot "E", shown as Via Colusa on Palm Springs Estates, on file in Map Book 15, Page 43, official records of Riverside County Recorder, Riverside, California. 6 iIIIIIIIIIIIIII IIII IIIIIIIIII IIIII II III 05 0 31i11�G£115 R EXHIBIT W LEGAL DESCRIPTION OF EASEMENT AREA THOSE PORTIONS OF LOT 'F' (GRAN VIA VALMONTE, 65 FEET IN WIDTH) AND LOT 'H' (VIA CHICA, 50 FEET IN WIDTH) OF PALM SPRINGS ESTATES, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: EASEMENT PARCEL 'A': BEGINNING AT A POINT IN THE NORTH LINE OF LOT 1 OF BLOCK 'G' OF SAID PALM SPRINGS ESTATES LYING THEREON N89'59'34"E 11 .83 FEET FROM THE EASTERLY TERMINUS OF THE CURVE IN SAID LOT HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID NORTH LINE OF SAID LOT 1 AND THE NORTH LINE OF LOT 6 OF SAID PALM SPRINGS ESTATES N89'59'34"E 154.00 FEET; THENCE NO'00'26"W 20.00 FEET; THENCE S89'59'34"W 154.00 FEET; THENCE SO'00'26"E 20.00 FEET TO SAID POINT OF BEGINNING. SAID EASEMENT PARCEL 'A' CONTAINS 3,080 SQUARE FEET, MORE OR LESS. EASEMENT PARCEL 'B': BEGINNING AT A POINT IN THE EAST LINE OF LOT 6 OF BLOCK 'G' OF SAID PALM SPRINGS ESTATES BEING THE SOUTHERLY TERMINUS OF A CURVE IN SAID LOT HAVING A RADIUS OF 75.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT AND OF LOTS 5 AND 4 IN SAID BLOCK 'G' OF SAID PALM SPRINGS ESTATES S0001 '21 "E 192.49 FEET TO A TANGENT CURVE IN SAID EAST LINE, SAID CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'50'15" AN ARC LENGTH OF 75.50 FEET TO A NON TANGENT LINE, A RADIAL LINE OF SAID CURVE AT SAID NON TANGENT LINE BEARING N61'08'24"E; THENCE ALONG SAID NON TANGENT LINE N49'29'47"E 7.15 FEET TO A POINT ON A NON TANGENT CURVE BEING CONCENTRIC WITH LAST SAID CURVE, AND HAVING A RADIUS OF 143.00 FEET AND BEING CONCAVE EASTERLY, A RADIAL LINE OF SAID CURVE AT SAID POINT BEARING N61'43'07"E; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'15'32" AN ARC LENGTH OF 70.53 FEET TO A TANGENT LINE PARALLEL WITH AND 7.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES FROM, SAID EASTERLY LINE OF SAID LOTS 4, 5 AND 6; THENCE ALONG SAID PARALLEL LINE NO'01 '21 "W 202.42 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 80.00 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35'19'01 " AN ARC LENGTH OF 49.31 FEET TO A RADIAL LINE OF SAID CURVE BEARING S54'39'38"W; THENCE ALONG SAID RADIAL LINE S54'39'38"W 12.70 FEET TO A POINT ON THE CURVING NORTHEASTERLY LINE OF SAID LOT 6 OF BLOCK 'G' HAVING A RADIUS OF 75.00 FEET AND BEING CONCAVE SOUTHWESTERLY, A RADIAL EXHIBIT "B" PAGE 1 OF 2 PAGES ICI III II IIII IitI IIII III III II III III rc..2Nl1 of115 (i 3 EXHIBIT 'B' CONTINUED: LINE OF SAID CURVE BEARING S49'20'47"W; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40'37'52" AN ARC LENGTH OF 53.19 FEET TO SAID POINT OF BEGINNING. SAID EASEMENT PARCEL 'B' CONTAINS 2,407 SQUARE FEET, MORE OR LESS SEE TWO SHEET "EXHIBIT MAP" ATTACHMENT TO EXHIBIT "B" FOR INFORMATIONAL PURPOSES MADE A PART HEREOF BY REFERENCE HEREIN. LAND SURVEYOR'S STATEMENT: THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTIONS IN CONFORMANCE WITH PROVISIONS OF THE LAND SURVEYORS' ACT OF THE STATE OF CALIFORNIA. `i\CNAL LANDVNVID SG ------------ ROBERT D. HENNON, PLS 5573 r° �� 5<^ `o LICENSE EXPIRES 9-30-2013 a o L.S. NO.o A 5573 2 sr 9-3v �P 4�OF CALF EXHIBIT "B" PAGE 2 OF 2 PAGES DATE: JUN 2, 2012 M p p®�p 601 E. GLENOAKS BL. #208 THOM. GDE: 786-E1 H �V U V II�9 GLENDALE, CALIFORNIA 91207 FILE: 2248-1.DWG Surveying & Mapping Inc. (818)243-0640 WEB: HENNON.COM PROJECT NO: 2248 1 7 EMAIL: HENNON®AOL.COM III llll I'll I IIII III Il II III II es 1- 0,1A, t<a oCAL 5 1 " 3030' so' ATTACHMENT TO EXHIBIT " B" EX III Ou MAP P SHT. 1 OF 2 SHTS I N D I A N G=� C A N Y O N 582.93' S0r03'OCrE (BASIS OF BEARINGS PER TR) 225.38' 1 357.55' CENTERLINE D R L=23.57' R=15.00' A=W02'34" o �00 SO'03'00"E 310.04' O N � r- DNo PROPERTY LINE - -- �Op`—I�— Z�— Gz cn m j 11.83' .� ° iF m�A mm - +n m �r POINT OF Z� N mom BEGINNING m z z 'x-0 z� 01 D 0 \ 65 A o 0 z 0 m mz 1 m z V) 7.50'mz 0 cor r i (o, Z 0,z F:9 m1 -0 u'�o _ tO cn czm a: I -� co 4P c0 wz cr p\ W w m IN 0) C m=m I 20.00' r 1 0 `n HEREIN DESCR/BED r— o I n co EASEMENT PAR. A �i D 0 0 C I —0 AREA=3,080 SQ.FT. h, rsl > OD�32.50' 32.50' LOT LINE 1 LOT LINE (r m W�p r - -- - -I - - - - - - -- - - - - - - - - - 0 I rn�p m ul I 0 N. LINE OF LOTS 0 I 1 & 6, BLK G, 1 PALM SPRINGS Z C3� ESTATES, MB 15/43 I � i 20.00' N900'26"W M DATE: JUN 2, 2012 M p p 601 E. GLENOAKS BL. #208 THOM. GDE: 786-E1 II II NN®N ®9 GLENDALE, CALIFORNIA 91207 FILE: 2248-1.DWG Surveying & Mapping, Inc. (818)243-0640 WEB: HENNON.COM PROJECT NO: 2248 7 EMAIL: NENNON®AOL.COM III II III III II I II I I I I III IIII I III II 01 ee, z4o F f 15 F DATE: JUN 2, 2012 L9�W,pILg®pll 601 E. GLENOAKS EL. #208 THOM. GDE: 786-El H NN N GLENDALE• CALIFORNIA 91207 FlLE: 2248-1.OWG Surveying & Mapping, Inc. (818)243-0640 WEB: HENNOWCOM _ PROD. NO. : 2248 EMAIL: HENNOWAOL.COM N 00 nC4 O \ Q0 \p� NpOD J \� U N fn II II �� t-0\ tow J \ \ ® a i\ oo O M/a �0y\\ _______ LOT LINE 00 z X N - V I A �, C H I C A _ 1L I r i }-�i u� - NO.01'19"W 199.99, N o CENTERLINE - R�125 I L �Oh � N � — \5/ NO.01'21"W 202.42' p LOT LINE \% _ /��o I S90 j'21"E 192.49' PROPERTY LINE p0 rr0 I o I I moo /W �1 rn \ I I �I Z �l 1 I I M o t�l — ~ \\ ������s°� wi p 2 i HEREIN DESCR/BED, it Zip 0. 6I I EASEMENT PAR. B I M Q �A � Z e�\ .a 0 "'I I�Z I AREA=2,407 SQ.FT. I � N Jv i zd`^ — .�.oN\\r $, ° a Z IZ I omu1� 11 �� 9 O dz a I-G$] Zuj c Gol w1No� A ZI? �W to LJ r J I' o6zlm m 4 �a Z G \Ba;U J •oo CLml3 - 33a Za d r-• 10 w v v' ' w $ J � I �Qa Z\ wd0oZ ��� J � w w I Lr) ry L L O i I •• V) uj ------- LOT LINE- j B L("1cK i � I k ow -- ---- !J -- ---------------- zx T