HomeMy WebLinkAbout7/19/2000 - STAFF REPORTS (3) DATE: July 19, 2000
TO: Community Redevelopment Agency
FROM: Redevelopment Director
RELOCATION OF ACCESS EASEMENT ACROSS PLAZA THEATER COURTYARD, IN
SECTION 15,T. 4 S., R. 4 E; FILE R-00-014.
RECOMMENDATION:
It is recommended that the Agency authorize the relocation of an existing
pedestrian access easement across the Plaza Theater courtyard.
BACKGROUND:
Wessman Development ("Wessman") has submitted plans to renovate and
redevelop an existing building adjacent to the Plaza Theater courtyard,previously
known as "Louise's Pantry", into a new restaurant which offers outdoor seating.
At the time that the Louise's Pantry/Pop's properly was sold to Wessman, the
Agency reserved a ten footwide easement adjacent to the Louise's Pantry building
to allow for pedestrian access from Palm Canyon Drive to the entrance of the Plaza
Theater,which is still owned by the Agency and leased to the Palm Springs Follies.
In order to facilitate the request by Wessman to facilitate outdoor seating for the
restaurant tenant, the existing access easement must be relocated so that the
outdoor seating area would be adjacent to the building and not in the middle of the
courtyard. The intent is to relocate the ten foot wide easement ten feet to the
south and return the current ten foot easement to Wessman.
Because the existing handicapped access ramp to the Plaza Theater courtyard is
within the existing easement along the building,steps must be taken to ensure that
prior to relocation of the existing easement, Wessman constructs a new access
ramp within the relocated easement.
A resolution authorizing the execution of a Quitclaim Deed, releasing the current
easement across the Plaza Theater courtyard to John Wessman, and another
authorizing the acceptance of a new easement from John Wessman across the
courtyard is required for this process; the resolutions will prohibit the City Clerk
from recording the documents until such time that Wessman has constructed a
new access ramp within the relocated easement
APPR
John aymond Executive rre
Redevelopment oirfictor
ATTACHMENTS:
1. Resolution (2)
2. Quitclaim Deed
3. Grant of Easement with Legal Description, Exhibit"A"and Plat, Exhibit"B"
c o a-I
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS,CALIFORNIA,ACCEPTING
A GRANT OF EASEMENT FROM JOHN WESSMAN
ACROSS THE PLAZA THEATER COURTYARD, IN
SECTION 15, T. 4 S., R. 4 E; FILE R-00-014.
WHEREAS,the Community Redevelopment Agency of the City of Palm Springs reserved
unto Itself a ten-foot wide easement for ingress and egress across properly it granted to
John Wessman, pursuant to that Grant Deed, document 465160, recorded October 28,
1998; and
WHEREAS,John Wessman has proposed redevelopment of this property, including that
area reserved to the Community Redevelopment Agency of the City of Palm Springs as
an access easement; and
WHEREAS,John Wessman has proposed thatthe access easement be relocated ten feet
southeriy to allow for the redevelopment of the property; and
WHEREAS, to facilitate the relocation of this access easement, it is necessary for the
Community Redevelopment Agency of the City of Palm Springs to accept a new access
easement from John Wessman.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, that the Grant of Easement to the Community Redevelopment
Agency of the City of Palm Springs from John Wessman,for the purpose of Ingress and
egress across the Plaza Theater courtyard, is hereby accepted.
ADOPTED this day of , 2000.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENTAGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
By:
Assistant Secretary Executive Director
REVIEWED AND ADOPTED AS TO FORM:
t
R-00-014
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE RELEASE OF AN ACCESS
EASEMENT RESERVED TO THE AGENCY ACROSS THE
PLAZA THEATER COURTYARD, IN SECTION 15,T.4 S.,
R. 4 E; FILE R-00-014.
WHEREAS,the Community Redevelopment Agency of the City of Palm Springs reserved
unto itself a ten-foot wide easement for ingress and egress across property it granted to
John Wessman, pursuant to that Grant Deed, document 465160, recorded October 28,
1998; and
WHEREAS,John Wessman has proposed redevelopment of this property, including that
area reserved to the Community Redevelopment Agency of the City of Palm Springs as
an access easement; and
WHEREAS,John Wessman has proposed thatthe access easement be relocated ten feet
southerly to allow for the redevelopment of the property; and
WHEREAS, to facilitate the relocation of this access easement, it is necessary for the
Community Redevelopment Agency of the City of Palm Springs to release to John
Wessman the existing access easement
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, as follows:
Section1. Thatthe Community RedevelopmentAgency does hereby authorize
the execution of a Quitclaim Deed to release to John Wessman its
existing access easement reserved unto itself across the Plaza
Theater courtyard.
Section 2. That the City Clerk shall withhold the recordation of the Quitclaim
Deed releasing the Agency's access easement across the Plaza
Theater courtyard, until such time that a new access easement is
provided to and accepted by the Agency across the Plaza Theater
courtyard; and until such time that the City Engineer indicates an
acceptable access ramp to the PlazarTheater has been constructed
to his satisfaction within the relocated easement accepted by the
Agency.
ADOPTED this day of , 2000.
AYES:
NOES:
ABSENT:
ATTEST. COMMUNITY REDEVELOPMENTAGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
By:
Assistant Secretary c Executive Director
REVIEWED AND ADOPTED AS TO FORM:
R-00-014
CR�4 �•y
Recording
Requested by and
After Recording
Return to:
City Clerk
City of Palm Springs
Box 2743
Palm Springs.CA 92263 (FOR RECORDERS USE ONLY)
File No.R-00-014 NO DOCUMENTARY STAMPS NEEDED
GRANT OF EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, John Wessman, a married man as his
sole and separate property, "Grantor", hereby grants to, the Community Redevelopment Agency of the City of
Palm Springs, a public body,corporate and politic, a perpetual easement for ingress and egress, over and across
the real property in the City of Palm Springs, County of Riverside, State of California, described as follows:
Being over the land described in Exhibit "A" and shown on Exhibit"B" attached hereto and made a part hereof.
John Wessman, a married man as his sole
and separate property
elm 46—WSOO
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY SIGNER
County of )6we eslg J e, 9 INDWIDUAL(S)
`-� ❑ CORPORATE
On�LL/U a3 2000 before me, OFFICERS)
Data Name,Title of Officer TrME(S)
personally appeared VO`2�'l ��5�/yYJ 7 ❑ PARTNER(S)
NAME(S)OF SIGNERS) ❑ ATTORNEY-IN-FACT
� ❑ TRUSTEE(S)
($'personally known to me-OR- ❑proved to me on the basis of satisfactory ❑ SUBSCRIBING WITNESS
evidence to be the personso4whose name04 is/*F4 ❑ GUARDIAN/CONSERVATOR
subscribed to the within instrument and ❑ OTHER
acknowledged to me that he/tltsithWexecuted the
same in his/ies:!lbeis authorized capacity,and
his/has"r signature(4 on the instrument
MARTHA R.FHGt11NSlie n(O or the entity upon behalf of which the SIGNER IS RINRFSFNTING.
Commission f 11206 acted, executed the instrument.
s 1'v4 Noiory Public—
t Riverside Cotmly
MyC0mm.BQ*WDecV.7000 tress my hand and official seal.
Si nature of Notar
ATTENTION NOTARY. Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this
certificate to unauthorized document.
TIM CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Si ne s Other Than Named Above
EXEIIBTT "A"
LEGAL DESCRIPTION:
COURT YARD EASEMENT:
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS
TOWNSITE,RECORDED IN BOOK 09 AT PAGE 432,RECORDS OF SAN DIEGO
COUNTY CALIFORNIA,DESCRIBED AS FOLLOW;
COMMENCING AT THE NORTH WEST CORNER SAID BLOCK 27,THENCE SOUTH 00°-
08'-25"EAST ALONG THE WEST LINE OF SAID BLOCK 27 A DISTANCE OF 145.00
FEET TO THE TRUE POINT OFBEGINNING;
THENCE CONTINUING SOUTH 00°-08'-25"EAST ALONG SAID WEST LINE,A
DISTANCE OF 10.00 FEET;
THENCE NORTH 89°-52'-00"EAST AND PARALLEL TO THE NORTH LINE OF SAID
BLOCK 27,A DISTANCE OF 62.12 FEET;
THENCE NORTH 00-08'-25"WEST AND PARALLEL TO THE WEST LINE OF SAID
BLOCK 27,A DISTANCE OF 10.00 FEET;
THENCE SOUTH 89-52'-00"WEST AND PARALLEL TO SAID NORTH LINE OF BLOCK
27,A DISTANCE OF 62.12 FEET TO THE POINT OF BEGINNING.
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LINE DATA
BEARING DISTANCE
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Qi N 89052'00"E 1 62. 12 E*6aa0
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EXHIBIT " B "
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CITY OF PALM SPRINGS
JO L. ANBORN DATE
PORTION OF BLOCK 27. PALM SPRINGS TOWNSITE P.L.S. 4146
oeslGN BY: SCALE
MAP BOOK 9. PAGE 432. SAN DIEGO COUNTY CA .
D.G.H. 1'-100'
ECKED BY:
J.L.S. MO- 00-187
Recording
Requested by and
After Recording
Return to:
City Clerk
City of Palm Springs
Box 2743
Palm Sorin¢s,CA 92263 (FOR RECORDERS USE ONLY)
File No.R-00-014 NO DOCUMENTARY STAMPS NEEDED
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged, the Community Redevelopment Agency
of the City of Palm Springs, a public body, corporate and politic, by virtue of Resolution No. of the
Community Redevelopment Agency, does hereby remise, release and forever quitclaim to John Wessman, a
married man as his sole and separate property, all the Agency's right, title and interest in and to the ingress and
egress easement reserved by that certain Grant Deed, recorded October 28, 1998, as Document 465160 of
Official Records of Riverside County, California, described as follows:
That portion of Block 27 of Palm Springs, as shown by Map on file in Book 9,Page 432 of Maps,
Records of San Diego County, California, described as follows:
Beginning at a point on the West line of said Block 27, a distance South 00'08'00" East, 135.00
feet from the Northwest corner of said Block 27; thence along said West line, South 00°08'00"
East, 10.00 feet; thence parallel with the North line of said Block 27, North 89052'00" East,
62.12 feet; thence, parallel with the West line of said Block 27, North 00008'00" West, 10.00
feet; thence, parallel with the North line of said Block 27, South 89'52'00" West, 62.12 feet, to
the point of beginning.
In witness whereof, the Executive Director and Assistant Secretary of the Agency executed this instrument, this
19°i day of July, 2000.
Community Redevelopment Agency of the City of
Palm Springs, a public body, corporate and politic
By By
Assistant Secretary Executive Director
hot
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY SIGNER
County of ❑ INDIVIDUAL(S)
❑ CORPORATE
On before me, OFFICERS)
Die Name,Title of Officer TITLES)
personally appeared ❑ PARTNER(S)
NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑personally known to me-OR- ❑proved to me on the basis of satisfactory ❑ SUBSCRIBING WITNESS
evidence to be the persons(s)whose name(s)is/are ❑ GUARDIAN/CONSERVATOR
subscribed to the within instrument and ❑ OTHER
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 SIGNER IS REPRESENTING:
persons(s)acted,executed the instrument.
Witness my hand and official seal.
Signature of Notary
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 Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Si nor s)Other Than Named Above
CR,R AID