HomeMy WebLinkAbout2024-0084510 - APN Nos. 681-170-038 and 681-170-071zl_
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Clerk
Mr. Oscar Vasquez
EHOF CANYON VIEW, LLC
c/o Encore Capital Management
770 Tamalpais Drive — Suite 401 B
Corte Madera, CA 94925
2024-0084510
03/22/2024 12:32 P11 Fee: $ 40.00
Page 1 of 9
Recorded In Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1111 NNI'M }� SMull II
14 M.
Space Above This Line For Recorder's Use Only
Exempt from Recording Fees per Govt. Code §27383
RELEASE OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE (TRACT
MAP) AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY
UNDERGROUNDING UPON NOTICE (TRACT MAP)
THIS RELEASE OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE (TRACT MAP)
AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING
UPON NOTICE (TRACT MAP) ("Release") is executed as of this day of ,
2024 by the CITY OF PALM SPRINGS, a California charter city and municipal corporation
("City") and is made with reference to the following facts:
A. On or about January 31, 2019, the City entered into that certain "Settlement
Agreement and General Release" (the "Settlement") with EHOF Canyon View, LLC, a Delaware
limited liability company ("EHOF").
B. The Settlement applied to a property site (the "Property") located at the southwest
corner of East Palm Canyon Drive and Matthew Drive (APN Nos. 681-170-038 and 681-170-071),
more particularly described in the attached Exhibit "A", which provides the legal description of
the Property.
C. As part of the Settlement, EHOF agreed to record a covenant that would run with
the land, referenced in Section II(D)(d) of the Settlement as Exhibit `B", and titled
"AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS REGARDING PARTICIPATION IN DISTRICT FOR UTILITY
UNDERGROUNDING AND STREET IMPROVEMENTS" (the "Settlement Covenant").
D. Two covenants (the "2023 Covenants") "Declaration of Covenants, Conditions and
Restrictions to Install Street Improvement Upon Notice (Tract Map)" (Instrument No. 2023-
0372736), and "Declaration of Covenants, Conditions and Restrictions to Participate in District
for Utility Undergrounding Upon Notice (Tract Map)" (Instrument Nos. 2023-0372735) were
recorded against the property instead of the intended Settlement Covenant.
E. The parties, the City and EHOF, had intended to record the Settlement Covenant
and such covenant will be recorded with the County Recorder of Riverside County prior to
recordation of this instrument.
F. The Settlement Covenant has been recorded with the County Recorder of Riverside
County as "Agreement and Declaration of Covenants, Conditions and Restrictions Regarding
Participation in District for Utility Undergrounding and Street Improvements" with instrument
number 2024-0065387 on March 8`", 2024.
G. The City now desires to release the 2023 Covenants.
RELEASE OF THE 2023 COVENANTS
NOW THEREFORE, in consideration of the foregoing recitals, which are hereby
incorporated into this Release as if fully set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City further
agrees as follows:
Recitals. All recitals above are true, correct, and incorporated herein.
2. Release. The "Declaration of Covenants, Conditions and Restrictions to Install
Street Improvement Upon Notice (Tract Map)' (Instrument No. 2023-0372736) and "Declaration
of Covenants, Conditions and Restrictions to Participate in District for Utility Undergrounding
Upon Notice (Tract Map)' (Instrument No. 2023-0372735), each executed in favor of the City of
Palm Springs, are hereby terminated and released from the Property, and are of no further force or
effect.
IN WITNESS WHEREOF, the City has executed this Release as of the date set forth above.
CITY:
CITY OF PALM SPRINGS, a municipal
corporation
By: ✓ co C.`jktie�j
/ G}y m�jer-
Date: 3 L/ZZ
TTT—�
ATTEST:
City Clerk) (Z JJ \,) A
APPROVED AS TO FORM:
Je all' ge , Cit orney
EHOF:
EHOF CANYON VIEW, LLC, a
Delaware lim' ed liability company
By:
Osca asquez, Authorized Signatory
ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF #Q�19 )
MIS
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(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
MAY CHRIMME BALDWIN
• Notary Public - California
Marin Cwnry
Commission a 2375019
,My Comm. Expires Sep 13, 2025
(Seal)
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies ontythe identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Calif nia ii 1
Coun�tyyof �t ` ec 1AQi J} L A'
On 1' oxc11 9-1 • before me, iP.ri'f Lst
Date Here Insert Name and Me of the Offcer
personally appeared Sc;cryk l Skr1eS
Name(s) of Signer(s)
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 he/she/they executed the same in his/her/their
authorized capacity(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.
MENr ensi
Mowry Public - taIHarnia
Riverside Coumy
Commission N 2398347
My Comm. Expires Mar 2a, 2016
Place Notary Seal and/or Stamp Above
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
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ GaPe al
❑ Individual ttorney in Fact
❑ Trustee o Guardian or Conservator
❑ Other.
02019 National Notary Association
of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited
❑ General
❑ Individual
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1: (APN: 681-170-038)
THAT PORTION OF THE NORTH 1/2 OF THE SOUTHEAST'% OF SECTION 30,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
MARKED BY A UNITED STATES GOVERNMENT LAND OFFICE BRASS CAP;
THENCE NORTH 0004'27" WEST, ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION, 353.00 FEET;
THENCE SOUTH 89051'42" EAST, 240.00 FEET;
THENCE CONTINUING SOUTH 89051'42" EAST, 117.32 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90015'58" AN ARC DISTANCE OF 472.63 FEET TO THE END
THEREOF;
THENCE TANGENT TO SAID LAST MENTIONED CURVE NORTH 0007'40"
WEST, 0.61 FEET MORE OR LESS TO A POINT ON THE NORTHERLY LINE
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION; SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ALONG SAID NORTHERLY LINE NORTH 8905212Cr
EAST, 369.62 FEET;
THENCE SOUTH 72058'49" EAST 358.32 FEET ALONG A LINE WHICH IS
EXTENDED, WOULD INTERSECTTHE EASTERLY LINE OFTHE NORTH HALF
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 169.86 FEET NORTHERLY THEREON FROM THE
SOUTHEASTERLY CORNER THEREOF;
THENCE SOUTH 0008-18" WEST, 552.76 FEET TO A POINT ON THE
SOUTHERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
55575.18120\420719101
THE SOUTHEAST QUARTER OF SAID SECTION, DISTANT WESTERLY
THEREON NORTH 89051'42" WEST, 1263.26 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
THENCE WESTERLYALONG SAID SOUTHERLY LINE NORTH 89051'42" WEST,
52.41 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THE NORTH
HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION MARKED BY A UNITED STATES INDIAN SURVEY CAPPED
PIPE;
THENCE CONTINUING NORTH 89051'42" WEST ALONG THE SOUTH LINE
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION, 657.20 FEET, MORE OR LESS
TO A POINT ON A LINE WHICH BEARS SOUTH 0°07'40" EAST, 655.01 FEET
FROM THE TRUE POINT OF BEGINNING,
THENCE NORTHERLY ON SAID LINE NORTH 0007'40" WEST, 655.01 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPT THE INTERESTAS CONVEYED TO THE CITY OF PALM SPRINGS,
CALIFORNIA, A MUNICIPAL CORPORATION, IN DEED RECORDED
AUGUST 9, 1968 AS INSTRUMENT NO. 77325, OF OFFICIAL RECORDS,
WHICH INTEREST IS RECITED AS "A RIGHT OF WAY IN FEE" AND TO THE
PORTION OF SAID LAND LYING WITHIN THE FOLLOWING DESCRIBED:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF
THE NORTH HALF OF THE SOUTHEAST QUARTER;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE
NORTH HALF OF THE SOUTHEAST QUARTER, SOUTH 89°51'42" EAST,
615.05 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89051'42" EAST ALONG SAID SOUTHERLY
LINE 88.00 FEET;
THENCE NORTH 0007'40" WEST 655.21 FEET TO THE NORTHERLY LINE
OF SAID NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89052'20" WEST 44.00 FEET;
THENCE SOUTH 00007'40" EAST 0.61 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
300.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 31 °25'29", 164.54 FEET TO A POINT ON
THE ARC OF SAID CURVE, A RADIAL LINE PASSING THROUGH SAID
POINT BEARS SOUTH 58042'11" EAST; THENCE SOUTH 00007'40" EAST,
497.78 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2: (APN: 681-170-071)
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE NORTHERLY ON THE EAST LINE OF SAID SOUTHEAST QUARTER,
NORTH 0000425" EAST, 169.86 FEET;
THENCE NORTH 72059'49" WEST, 1319.83 FEET TO THE NORTHEAST
CORNER OF THE LAND CONVEYED TO CORBIN PALMS REALTY CO., A
CALIFORNIA CORPORATION, IN DEED RECORDED MAY 28, 1965 AS
INSTRUMENT NO. 62799, OF OFFICIAL RECORDS, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE SOUTH ON THE EASTERLY LINE OF THE LAND CONVEYED TO
SAID CORBIN PALMS REALTY CO., A CALIFORNIA CORPORATION, IN THE
DEED LAST ABOVE MENTIONED SOUTH 00008-18" WEST, 552.76 FEET TO
THE SOUTHERLY LINE OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE EASTERLY ON LAST SAID SOUTHERLY LINE, SOUTH 89051-42"
EAST, 208.57 FEET TO THE WESTERLY CORNER OF THE LAND CONVEYED
TO MATHEW J. DRAGICEVICH, ET UX., IN DEED RECORDED JANUARY 9,
1978 IN BOOK 1978 PAGE 3454, OF OFFICIAL RECORDS, SAID CORNER
BEING THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHEASTERLY, 382.94 FEET ON SAID CURVE TO A POINT OF
TANGENT ON THE NORTHWEST LINE OF THE LAND CONVEYED TO PAUL
LAURAN LAZIER, ET UX, IN DEED RECORDED JANUARY 7, 1966 AS
INSTRUMENT NO. 2270, OF OFFICIAL RECORDS;
THENCE NORTHEASTERLY ON THE LAST SAID NORTHWESTERLY LINE
AND ITS NORTHEASTERLY EXTENSION, NORTH 17000" 1" EAST 181.38
FEET;
THENCE NORTH 72059'49" WEST, 572.93 FEET TO THE TRUE POINT OF
BEGINNING