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HomeMy WebLinkAbout10/18/2006 - STAFF REPORTS - 2.K. �pALM SA c u m CITY COUNCIL STAFF REPORT DATE: September 8, 2006 CONSENT CALENDAR SUBJECT: LICENSE AGREEMENT WITH ROSENAU INVESTMENTS, INC. DBA PEPPER TREE INN, LLC FOR PLACEMENT OF LAWN CHAIR ON PRIVATE PROPERTY. FROM: David H. Ready, City Manager BY: Community & Economic Development SUMMARY This action is to approve the temporary placement of the artwork entitled "Lawn Chair" on private property located at 622 North Palm Canyon, near the Pepper Tree Inn. The Owner of the property is willing to enter into a License Agreement for Placement of Artwork on Private Property with the right to give a 30 day notice to remove Artwork at Owner's discretion. This property is currently a vacant, landscaped site for uptown development. RECOMMENDATION: 1) Adopt Minute Order No. approving License Agreement with Rosenau Investments, Inc. DBA Pepper Tree Inn, for placement of Lawn Chair on private property. 2) Authorize City Manager to execute all necessary documents. STAFF ANALYSIS: On November 10, 2005 the Public Arts Commission voted 4/1 to approve a recommendation to purchase artwork, entitled Lawn Chair. The Public Art Acquisition Subcommittee recommended placement of the sculpture in the public sidewalk area at the southeast corner of North Palm Canyon and Andreas Road. Based on the high profile downtown location, maintenance and public safety issues, the site was also reviewed by the Main Street Business Association, Parks and Recreation Commission and Planning Commission. The artwork and proposed location was reviewed by the Main Street Executive Board and General Membership at their January 5, 2006 meeting. On April 5, 2006 Council approved the purchase of the Artwork but denied the recommendation to place the Artwork at the site indicated on Palm Canyon Drive. Instead, Council advised that an alternate site be found. Item No. 2 L. K . City Council Staff Report October 18, 2006-- Page 2 License Agreement with Rosenau Investments, Inc. DBA Pepper Tree Inn, for placement of Lawn Chair on Private Property At the June 8, 2006 Public Arts Commission meeting the Commission voted to place the Artwork at the Pepper Tree Inn, located at 622 North Palm Canyon Drive with the stipulation that the piece not be placed on grass. The site is directly at the corner of Palm Canyon Drive and Granvia Valmonte. Then Vice-Chair Stern reported to the Commission at the July 13, 2006 meeting that the owner of Pepper Tree Inn is in favor of placing the public art piece "Lawn Chair" on his property in an area to be surrounded by decomposed granite. This is a future development site and will only serve as a temporary location for the Artwork. The Owner is willing to enter into a License Agreement for Placement of Artwork in which the Owner reserves the right to give the City a 30 day notice to remove the Artwork at his discretion if artwork impedes the development of this site; and, Owner will also be held harmless from and against any and all claims or liabilities arising from the placement of the Artwork on this site. The cost to install the artwork at this location is approximately $2,600 plus the cost to restore the site to its original state when the piece is removed. This involves the pad and the landscaping treatment. The Agreement provides that ownership and maintenance of the artwork remain with the City of Palm Springs. In accordance with the Public Arts Ordinance No. 1479 Chapter 3,37 the site meets the criterias under Section 3.37080 (a) Art Site Acceptability. FISCAL. IMPACT: Finance Director Review: There is no impact to the General Fund. The cost of installation shall be made from the Public Arts Account#15 3 -4408-50015. ohn aym n , Director of Community Jennifer M nning Arts and Special Projects Coord for c o Develop vmt David H. Ready, Ci y Ma er Thomas J. Wil on, Assistant City Manager Attachments: Minute Order License Agreement for Placement of Artwork on Private Property RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF PALM SPRINGS City Clerk P.O. Box 2743 Palm Springs, CA 92263-2743 Space Above this Line Reserved for Use by Recorder LICENSE AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY This LICENSE AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY ("Agreement") is entered into as of , 2006 by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and ROSENAU INVESTMENTS, INC. DBA Pepper Tree Inn ("Owner"). RECITALS: A. The City has established a Public Arts Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art Ordinance") which authorizes the placement of works of art on appropriate private property which encourages public access and viewing of the artwork- B. Under the Public Art Fee Program, artwork may be acquired through the Public Arts Fund, either on City or private property, whether on loan, as a gift or purchase. C. The City has purchased a work of art and desires to have such work of art placed on the Owner's property in accordance with this Agreement and the City of Palm Springs Public Art Program. NOW THEREFORE, to comply with the requirements of the Public Art Ordinance, and for good and valuable consideration, the parties hereto hereby agree as follows: 1. Grant of License for Display of Public Art. Owner hereby grants and conveys to the City of Palm Springs a nonexclusive use of the Site (as shown in Exhibit "B") for purposes of displaying the Artwork and allowing the public access to the Site to view and enjoy the Artwork at reasonable times and in a reasonable manner ("License"), as described in Exhibit "B'; under the terms described in Section 4(b) of this Agreement. 2. Maintenance. The City shall provide all maintenance necessary as recommended by the artist with respect to the Artwork to preserve such Artwork in first class condition. City agrees to maintain the access paths, landscaping and other improvements to the Site. City shall repair and/or replace any damage to the Artwork within a reasonable time after such discovery. When necessary, City shall consult the artist or another competent Artwork conservationist or restoration specialist to determine the best methods of such restoration or repair. 3. Identification. The Artwork shall be identified by a plaque stating the artist's name, the title, the date the Artwork was completed and stating that the Artwork was funded through the City of Palm Springs Public Arts Program. The plaque will be placed in an appropriate location near the Artwork that facilitates viewing by the public. 4. City Representative. The City Manager, or his designee, a Contract Officer of the City ("City Manager"), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the City Manager shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 5. Owner and Representative. The Owner is the owner of certain property ("Property") generally known as the Pepper Tree Inn, as shown on Exhibit "B" attached hereto and incorporated herein. The Owner has agreed to a License Agreement for the placement of Artwork on a portion of the Owner's property which portion is generally depicted and described as the "Site" on Exhibit "B 6. Location and Removal of Artwork. In addition to any other remedies provided herein, in the event that the Artwork is destroyed, removed from the Site or improperly maintained by the City, the Owner may require that the City replace the Artwork with substitute Artwork of a comparable quality and value as determined at the sole discretion of the City, with consent of the Owner. The Owner may give the City a 30 day notice to remove Artwork at Owner's discretion. 7. Indemnification. The City hereby agrees to indemnify, defend, and hold harmless the Owner from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of City, its agents, employees, or contractors, or from the existence of the Artwork on the Site, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attorneys' fees, but excluding such Claims or Liabilities resulting from the negligence or willful misconduct of the Owner, its officers, agents, representatives, or employees. S. Compliance with _the Law. City hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the display of Artwork on the Site or to the use or manner of use of the Site. Without in any 2 i ( .)i-) 1003/029/28303 02 way limiting the foregoing, City agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, etseq.). 9. Successors and Assigns. The rights and obligations of Owner under this Agreement shall be applicable to Owner's successors and assigns. 10. Integration. This Agreement and other documents expressly incorporated herein by reference contain the entire and exclusive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 11. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 12. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. 3 1003/029/23303.02 i IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" ROSENAU INVESTMENTS, INC. DBA PEPPER TREE INN By Robert Rosenau Its: Owner By: Name: Robert Rosenau Its: Owner "CITY" CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: By: City Clerk City Manager APPROVED AS TO FORM: I 4 1003/029I28303.02 EXHIBIT "A" (Artwork) 1� i ,i e �1 ti 4 'l 5 - ` 1003/029/28303.02 EXHIBIT "B" ART WORK EASEMENT 6 1003/029/28303 02 Exhibit "B-2" (SPECIAL REQUIREMENTS) 7 1003/029/28303.02 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally appeared personally known to me (or 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. WITNESS my hand and official seal. Notary Public (SEAL) 1003/039/2R303.02 EXHIBIT "A" PUBLIC ART EASEMENT LEGAhpESCR_IPTION: BEING A PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 05.18, RECORDED AUGUST 4, 2006, AS INSTRUMENT NO. 2006-0573887, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DECRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1, THENCE S00°00TO"W A DISTANCE OF 103.73' FEET TO THE TRUE POINT OF BEGINNING; THENCE S45010'00"E, A DISTANCE OF 23.75' FEET; THENCE S89040'00"W, A DISTANCE OF 8.39" FEET; THENCE N45010'00"W, A DISTANCE OF 11.92' FEET; THENCE N00°00'00"E, A DISTANCE OF 8.39" FEET TO THE TRUE POINT OF BEGINNING. p FESSIo/v �O �� J. 84 � rn * No, C-28931 Exp.03-31-2007 • S>.9j, CSVI�- F OF CNUFO DATE, FILE No.: SHEET No.: 1 OF 1 EXHIBIT "B" NW COR. PCL 1 LLA# 05-18 a P.O.B. I W I W I I � I I Lu p I `' o 001 Q of 10 PARCEL 1 LOT LINE ADJUSTMENT NO. 05-18 of lb z RECORDED 8/4/2006, AS INSTRUMENT I I N0. 2006-0573887 J I I I c I IO Z I I � I I p Z I I I TI fr T.P.O.B. I � l `® _ L _ /W - -�----- GRANVIA VALMONTE 12'� PROF�sslo7,�c rv0 O J. Bq rn NO. DELTA RADIUS LENGTH TANGENT * No. C-28931 70 S45'10'00"E 23.75' S Exp.03-31-2007 F' (2) S89'40'00•w 8.39, �,9 j� C IV I`- 0 N4570'00•w 11.92' OF CPIOF O4 NOO'00'00•E 8.39' DATE: DESIGN BY: SCALE: FILE NO.: PUBLIC ART JRM NTS EASEMENT PLAT CHECKED 9Y: DATE SHEET NO.: 1 OF 1 r -2 . . - _ OOC ss 200�-05"73$87 08/04/2006 Conformed Copy Recording Has not been compared with original Requested by and Larry W Ward After Recording County of Riverside Return to. Assessor, County Clerk d Recorder Public Works and Engineering Department City of Palm Springs cic— Box 2743 Palm Springs, CA 92263 (FOR RECORDERS USE ONLY) File No. LLA 05-18 NO DOCUMENTARY STAMPS NEEDED DTT = $0 GRANT DEED For a Valuable Consideration, receipt of which is hereby acknowledged, -Rosenau Investments, Inc7.-,-a California Corporation Hereby GRANT(S) to Rosenau Investments, Inc., a California Corporation That certain property in the City of Palm Springs, County of Riverside, State of California being Approved Legal Description Lot"A" and Lot"B" of that certain Owner's Certificate of Lot Line Adjustment No, LLA 05-18 as more particularly described in Exhibit"A"attached hereto and made a part hereof, comprising 2 pages. Note' This grant deed implements the revised lot configurations pursuant to Lot Line Adjustment No. LLA 05-18 as approved by the City of Palm Springs. The primary function of the d ed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66412(d), and to perfect the intent of the Lot Line Adjustment No. LLA 05-18 as approved.All property subject to this lot line adjustment is owned by a single entity; hence ownership conveyance is a nonessential secondary function of this deed. Date. _ ~���/ Rosenau Investments, Inc., a California corporation By�GGcGI `�� `✓Id' ur �c l .�zyri Robert R_ Rosenau, President OWNER'S AFFIDAVIT FOR LOT LINE ADJUSTMENT IN ACCORDANCE WITH CITY OF PALM SPRINGS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA We, the undersigned, do hereby certify that we are all and the only parties having any record title interest in the property as described in the attached description and plat and do hereby approve of,join in, and consent to the preparation and execution of this Affidavit for Lot Line Adjustment as described in the attached description and plat. Owner5igriature Owner Signature IO2rZT- ) S42 Print Name Print Name STATE OF CALIFORNIA } } 5S COUNTY OF RIVERSIDE On t O before me,! 1�1i em DATE personally appeared n AV proved to me on the basis of satisfactory evidence to be the person(&) whose name(,&) is/are subscribed to the within instrument and acknowledged to me that he/sHeAhey executed the same in his/he#their authorized :.d wlCoinm DE ACAMpA9416 : capacity(+ , and that by his/He#t}ieir signature(&) on the Notary P do Coon, c yPNem instrument the person(&) acted, executed the instrument. C Cornrr a ioo�xp 'jy My Co 13.on Expues May,i32008 7 , """""""'= Witne s y h and officialt l. Signature of Notary ALL-PURPOSE ACKNOWLEDGMEry r State of CAPACITY CLAIMED BY County of SIGNER R��arside. b On Mo,14 31, aoobbefore Me, rr�e R ne Nof f b c ❑ INDIVIDUAL(S) Date Name, Title of Officer ❑CORPORATE personally appeared Ro6e,6-R.ROSEr1Cdt — OFFICER(S)NAME(S) OF SIGNER(S) TITLE(S) -$pe ❑PARTNER(S) -OR— ❑ATTORNEY-IN-FACT proved to me on the basis of satisfactory evidence to be the ❑TRUSTEE(S) personsH whose name(&) is/aft subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in ❑ SUBSCRIBING WITNESS hisAk4erl44eif authorized capacity(ies , and that by his/her/their signature(s}-on the instrument the person(e}or the entity upon ❑ GUARDIAN/CONSERVATOR behalf of which the persons(&] acted, executed the instrument. ❑OTHER Witness my hand and official seal. — ft r CARWROVNEY SIGNER IS REPRESENTING: Caemikuon N 16"583 Nofty ft"c-COWOM10 Rb jkJo Coufly MyComm.F�Y�t MaR6,201 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: Signer(s) Other Than Named Above I(We), the undersigned, as beneficiary(ies) of Trust Deed(s) recorded as Instrument No. dated , do hereby approve of,join in, and consent to the preparation and execution of this certificate for Lot Line Adjustment in the attached description and plat. Signature Company Name in Name& Title Address STAT } } SS COUNTY OF } On ore me, DATE NAME,TITLE OF OFFICER personally appeared ❑ personally known to me OR ❑ pro to m the basis of satisfactory evidence to be persons) wh name(s) is/are subscribed to the within instrument an acknowledged to me that he/she/they executed the sa in his/her/their authorized capacity(ies), and that by his/her 7 signature(s) on the instrument the person(s), or the entity u behalf of which the person(s) acted, executed the instrume Witness my hand and official seal. Signature of Notary The Engineering Division has examined this Lot Line Adjustment in conformance with Section 66412 (d) of the Government Code of a State of California. APPROVED: _ �� DATE: 3( �� Marcus Fuller, Assistant Director of Public Works /Assistant City Engineer The Planning Department has reviewed this application and finds it consistent with previous Planning Commissionqactinon the subject property.APPROVED= DATE: lJ°C ig Ewctor of Planning Services Rv 6ex h$ This application Lot Line Adjustment is in accordance with Section 9.60.090 of Palm Springs Subdivision Ordinance- Notary Statements for Asst. Dir. of Public Works and Dir. of Planning on followin a e State of California ) )ss_ County of Riverside ) On J4 a aCbo before me, Carrie Rovncv.Notary Public Date Name and Title ofoffieer personally appeared _____ ____ Edward Robertson---- -- --------- -----; Namc(s)of Signer(s) personally known to me to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that Cps SOY y he/shohhcy executed the same in his/hcr/tiv+, authorized m4z� * 16 capacity(ies),and that by his/Ittrfthcirsignatures(s)on the tlyb� brNa instrument the persons) or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my an and offcial seal —Sigaatum.ofxolary Publi State of California ) )ss. County of Riverside ) On Sub 31 , a00 before me, _ Carrie RovnU,Notate Public Date Name and Title of Officer personally appeared---- -- —Marcus Fuller---------------- — -- Name(s)ofSigner(s) ® personally known to me to be the person(o whose name(s)is/are subscribed to the within instrument and acknowledged to me that C+UlRE RO'171EY he/shc7 h executed the same in his/herhhenr authorized . ► Cet"AMIcn• 161E5e3 capacity(ics),and that by his/herhheir signatures(s)on the c "wO instrument the person(s), or the entity upon behalf of �h�"m•eyww�26.201 which the person(s)acted,executed the instrument. WITNESS my hand an cial seal i tic -,� - *0_%WaF�_ LARRY W. WARD POlion ro 1io.7s1 COUNTY OF RIVERSIDE Rrvasuk,CA92502.0751 ASSESSOR-COUNTY CLERK-RECORDER (9s1)496-7000 hup 1/rrvcrsdc a5rc1k1w c m NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 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: �� S A)�V Commission M Place of Execution: ' �� n ���`� , CA 1 Date Commission Expires: (74, /-0 C Date- All[a Signature.- Print Name: ncs lscr-nsax>=o(Rev olrzaos) ,. EXHIBIT "A" LOT LINE, ADJUSTMENT LLA NO. 05-18 APPROVED LEGAL DESCRIPTION PARCELI; BEING A PORTION OF PARCEL"B"OF LOT LINE ADJUSTMENT NO. 03-001, RECORDED MAY 9,2003,AS INSTRUMENT NO, 2003-337371,OFFICIAL RECORDS OF RIVERSIDE COUNTY CALIFORNIA,MORE PARTICULARY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL."B", THENCE NORTH 890-40'- 00"EAST ALONG THE NORTH LINE OF SAID PARCEL"B"A DISTANCE OF 58.33 FEET; THENCE SOUTH A DISTANCE OF 39.00 FEET; THENCE NORTH 890-00'-00"EAST A DISTANCE OF 40.59 FEET; THENCE SOUTH 000-1T-17"EAST A DISTANCE OF 29.81 ITEM" THENCE SOUTH 89042'43"WEST A DISTANCE OF 6.07 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 18.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86°-22'- 33"AND A LENGTH OF 27.14 FEET; THENCE SOUTH 890-30'-00" WEST A DISTANCE OF 5,56 FEET; THENCE SOUTH 000-30'-00"BAST A DISTANCE OF 9.85 FEET; THENCE NORTH 890-30'-00"EAST A DISTANCE OF 3.00 FEET,TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°-00'- 00"AND A LENGTH OF 3,14 FEET; THENCE SOUTH 000-30'-00"EAST A DISTANCE OF 23.07 FEET TO THE SOUTHERLY LINE OF SAID PARCEL"B"; THE FOLLOWING THREE COURSES BEING ALONG THE SOUTHERLY AND WESTERLY LINE OF SAID PARCEL"B", THENCE SOUTH 890AO'-00"WEST A DISTANCE OF 66.41 FEET; THENCE NORTH 450-10'00"WEST A DISTANCE OF 1192 FEET; THENCE NORTH A DISTANCE OF 112.12 FEET TO THE POINT OF BEGHNNING. SAID PARCEL CONTAINS 9,082 SQ. FT. (0.209 AC) PARCEL2: BEING A PORTION OF PARCEL"B"OF LOT LINE ADJUSTMENT NO.03-001, RECORDED MAY 9,2003,AS INSTRUMENT NO.2003-337371,OFFICIAL RECORDS OF RIVERSIDE COUNTY CALIFORNIA, TOGETHER WITH PARCEL 1 OF PARCEL MERGER 06-01, RECORDED O 27 Z Oaf / 2006 AS INSTRUMENT NO,2006 ^05-79 FJjC- RECORDS OF RIVERSIDE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"B", THENCE NORTH 89°- 40'-00"EAST ALONG THE NORTH LINE OF SAID PARCEL"B"A DISTANCE OF 58.33 FEET TO THE TRUE POINT OF BE, THENCE SOUTH A DISTANCE OF 39.00 FEET; THENCE NORT14 890-40'-00"EAST A DISTANCE OF 40.59 FEET; THENCE SOUTH 000-17'-17"BAST A DISTANCE OF 29.81 FEET; TfWNCE SOUTH 890-42'43" WEST A DISTANCE OF 6,07 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 18.00 FEET; PAGE LLA 06- PARCEL2 CON THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86°-22'- 33"AND A LENGTH OF 27.14 FEET; T14ENCE SOUTH 890-30'-00"WEST A DISTANCE OF 5.56 FEET; THENCE SOUTH 000-30'-00"EAST A DISTANCE OF 9.85 FEET; THENCE NORTH 890-30'-00"EAST A DISTANCE OF 3.00 FEET,TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE T14ROUGII A CENTRAL ANGLE OF 90°-00'- 00"AND A LENGTH OF 3.14 FEET; THENCE SOUTH 000-30'-00"EAST A DISTANCE:OF 23.07 FEET TO THE SOUTHERLY LINE OF SAID PARCEL"B'; THE FOLLOWING THREE COURSES BEING ALONG THE SOUTHERLY, EASTERLY LINE OF SAID PARCEL"B", AND THE EASTERLY LINE OF SAID LOT MERGER 06-01 RECORDED 01), 0 60ig AS INSTRUMENT NO.2006 THENCE NORTH 890-40'-00"EAST A DIS ANCE OF 173.31 FEET; TT•IENCE NORTH 446-48'00"EAST A DISTANCE OF 18.82 FEET; THENCE NORTH 000-04'-00"WEST A DISTANCE OF 227.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL MERGER06-01,THE FOLLOWING THREE COURSES BEING ALONG THE NORTH AND WEST LINE OF SAID PARCEL MERGER 06-01; THENCE SOUTH 890-40'-00"WEST DISTANCE OF 208.27 FEET; THENCE SOUTH A DISTANCE OF 120.00 FEET THENCE NORTH 890-10'-00"EAST A DISTANCE OF 5.43 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 27,227 SQ. FT. (0.625 AC.) PREP BY SA AX, C. � y\ONp4I-AIyOs G I L. SANBORN �� J.L.SANBORN 94 0 12106 WO 05-242 O mC cc a No.L84146 0 NT Expires 6.30-08 a �TFOF CA4�FOP I EXHIBIT 'B " 1 i I G� O�P�ES 0 E 45.00 57.90' N 89040'00"E 5QR�61h 208.27' I 45.00 __-p_ I c a -� o a �p 4 LIMES TO BE ADJUSTED 0` N O 06 F f7 6y Z O 11 LOT 19 1 ���GE0 U Z 1 = --__- 57.90' __ p4 �O V G PO p � cV TPOB � 0 EGG � PCL 2 ® I x [V _N --- - ------- ---0 Z y /� 0 W U U � n 9 (� P/'117C1 - L p p , as ! v v ti 0.209 CR S 0.625 ACRES o N ao ad p 9,082 SF, 6 27,227 SF. ro� z 5 3 7 a0� 4 2 PARCEL 'B" d 50.00 LLA 03-001 �z ' 1 i j 66,41 173.31 ® N 89040 00 E 239.72 12.00 w GRANVIA VALMONTE i ~ off• N Sp W 4�Sy���, 4Ng 4GFC rl Q a C L S. 4146 (�J E%P. 6/30/06 I 0� of cn>_�F � I i PAW APPROVED: u� i CITY OF PALM SPRINGS I 9ATE PUBLIC WORKS & ENGINEERING 778, DEPARTMENT j&t ()IqbfoFt OF PUBLIC WORKS/ P.L.S. ASST- CITY ENGINEER PARCEL MERGER DESIGN BY: SCALE: FILE NO-: LEGAL DESCRIPTION: DH 1" = 60' LLA 05-18 CHECKED BY: W.O. I SHEET HO.: SEE EXHIBIT "A" i JLS 05-242 1 OF 2 i - -- --------------- - - '' EXHIBIT '3 " I i DATA i Q DELTA/BEARING I RADIUS LEN./DIST. TANGENT 1 N 00030'00'W 23.07' 2 90,00,00" 2.00' 3.14' 2.00' Q N 89030'00"E 3.00' 4 N 00°30'00"W 9.85, 5 N 89030'00"E 5.56' 6 86022'33" 18.00' 27.14' 16.90' 7 N 89 042'43"E 6.07' I 8 N 00017'17"W 29.81' s N 89040'00"E 40.59' 10 NORTH 39.00' 11 N 89040'00"E 5.43' I12 N 89°40'00"E 58.33' U31 N 45010'00"W 11.92' I I I II APPROVED: 3 (� x CITY OF PALM SPRINGS ° PUBLIC WORKS & ENGINEERING 67 DEPARTMENT RE oe Pus WORKS/ P9Ls. ASST. CITY ENOINEER PARCEL MERGER DEOGN 9Y: SCAM: FILE No.: �cu oEscRiPnoN: OH 1" = 60, LLA 05-18 SEE EXHIBIT" "A" CHECKED BY: W.O. / SHEET No,; JLS 05-242 2 OF 2 '._77 Lawn Chair Byr Blue McRight Venice, Califonia Artist's Statement Maintenance "Lawn Chair' — a sculpture which is also Minimal maintenance. the artificial grass can a unique piece of outdoor "furniture" — be hosed down or brushed as necessary. All re-presents the familiar American lawn in an the steel has a natural finish that has been unexpected form and context. The work allowed to rust naturally. the rust will not engages the senses and imaginations of affect the structural integrity for many years, diverse viewers, both pedestrian and especially in dry climate. If desired, the steel vehicular, creating a place that becomes an structure could also be periodically coated important visual and experiental focal point. with linseed oil or a paste of linseed and Larger than life, the scale of the work wax. embodies a subtle exaggeration that enhances it's reading in the public realm. Production Time Material Available now for purchase. 3/8" hot rolled plate steel armature with an Price equally sturdy supporting frame made of $8,000.00 plus tax 1' x 3" x 1/4" tube steel. the plate steel recNning surface is permanently upholstered Delivery & Installation with artificial grass (approx. 2" nap). The turf About $2,000.00 for installation template, is attached to the steel with heavy duty footings and placement. Artist will come to construction adhesive. All the turf edges are Palm Springs to supervise placement and wrapped over the edges of the steel installation of sculpture. armature onto the underside of the Chair. On the underside the edges are covered 9 with steel trim strips that are bolted through the turf into the steel an-nature. Size Weight — 5 feet Width — 3 feet 6 inches Length — 7 feet 6 inches Footprint Approx. 4 x 6 feet Pad Size 4 footings, each 12" x12" x18" deep; each with cast-in threaded 1" rod 1", approx 2' long Edition Unique I Page 1 of I ILA a J11 „'C .'��• �•' � rj_ „��. :� ��'� d _ M'An ? .7 k ° ky ,• , yy ', Li�` ^ m^*!�r7 1. \ .- !'�h: ._. ... 'ry as°.try.U I T-.•.r-u. ,�, . i, a„,• �. � - „ ',Ili":j; �•��i�., - •�I I �• ... r�,. h � ,� eK•r-r, yX• u-, ... .I �`rr ... �\ r ,.1 - qi r^ l �t d.• Imz er ,.o +rti hcL�_006 ` A ..Mm,.,..ppr...,., _:,CIG:w}'°r•.""..''. O�`pgini S'a A Scale: V = 64 ' 4 d X s rw CityG155 •f+ r (� . Copyriatt ©2004.U gVs Reserved • '+�'-�_ :°' The it cmmntlon curtained herein isthe ro I etar property d the ecrAn UAcrs supple ed under li ense and 4'F may rot be reproduced except as licensed by Cigtal Map Products littp://mapSLdigitaimapcentral-com/production/CityGIS5/CityGIS5_5.17.2/index-litrnl 6/28/2006 PALMANY0N1 4,- DRIVE 0 qca.. 9+ :: ,: = E: 6+hG + NUS rnm Yy f I. a I r u /. �,• N t2 �6 ~ TIC4,79 �y + III z I � I I aU � _ I + •�I I Ui i I rr •�_ 18 26 1'C � .'',I { IEu,� w N I a + 6 I "� 30' I ro PAC CP I + 1+ I • : 8 + + 2 TC82f,83 TV s . 7 i 3' 8308 IC k +r3'"s s + r / / • .. hs nIRT ff� r •_:__ 8239 Fl v el 6f1 TC IFCX� �r CA MINUTE ORDER NO. APPROVING THE LICENSE AGREEMENT WITH ROSENAU INVESTMENTS, INC. DBA PEPPER TREE INN, FOR THE PLACEMENT OF THE SCULPTURE LAWN CHAIR ON PRIVATE PROPERTY. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving the License Agreement with Rosenau Investments, Inc. DBA Pepper Tree Inn, for the pbcement of the sculpture Lawn Chair on private property, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th day of October 2006_ James Thompson, City Clerk