Loading...
HomeMy WebLinkAboutA7282 - $PE TRUST (KENNETH AND NICHOL DEGORGIO TRUSTEES) : CARPORT RELOCATION AGREEMENT VIA a u . 54 A T T ® Ea LENA D:WADE, ESQ. REPLY To: wade@sbemp.com Palm Springs, California ADMITTED IN CA May 15, 2019 Via Personal Delivery Jeff Ballinger, City Attorney City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Re: Carport Relocation Agreement Dear Mr.. Ballinger: Enclosed herewith please find the original Carport Relocation Agreement signed by the trustees of the $PE<I@L K Family Trust for the property located at 611 W. Leisure Way, Palm Springs. Once you have had all of the.necessary City representatives sign the Agreement, please return to me for recording. Please call or email me when the document is ready, I will have my assistant pick up the document. Thank you again for your assistance with this matter Sincerely-, SLOVAK BARON EMPEY MURPHY& PINKNEY LLP n, ,l By: Lena-D.-Wade Encl. SLO OAK BARON IEMPEY M, iURPHY P1 gZKNE+Y TEED 1800 E.Tahquitz Canyon Way 650 Town Center Drive,Suite 1400 2240 Fifth Avenue 103 Carnegie Center Blvd.,Suite 100 Chrysler Building Palm Springs,'Califoinia 92262 Costa Mesa,California 92626 San Diego,California 92101 Princeton,New Jersey 08540 . 405 Lexington Avenue,26"Flo T(760)322-2275•F(760)322-2107 T(714)435-9592 F(714)850-9011 - T(619)501-4540 T(609)955-3393•F(609)520-8731 New York,New York 10174 T(212)8294399 ��vesltre�g�a�®;<us RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: $pe<i@l K Family Trust c/o Kenneth DeGiorgio First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 The Above Blank Space Is for Recording Purposes. CARPORT RELOCATION AGREEMENT Property Address: 611 W.Leisure Way,Palm Springs, CA 92262 APN: 505-125-003=9 in the Official Records of the County Recorder of the County of Riverside Record Property Owner: $pe<i@l K Family Trust,Kenneth David DeGiorgio and Nichol Marie DeGiorgio,Trustees THIS CARPORT AND RELOCATION AGREEMENT ("Agreement") is made and entered this - tit day of May, 2019, by and between the$pe<i@l K Family Trust,Kenneth David DeGiorgio and Nichol Marie DeGiorgio, Trustees,hereinafter referred to as"OWNER", and the City of Palm Springs, a California charter city, hereinafter referred to as "CITY". OWNER and CITY are sometimes individually referred to as a"Party"and collectively as"Parties". RECITALS WHEREAS,OWNER is the fee simple owner of certain real property located within the City of Palm Springs,.Riverside County, California with a property address of 611 W. Leisure Way, Palm Springs, California("Property")and more particularly described as: LOT 55 OF TRACT 2094 AS PER MAP RECORDED IN BOOK 40, -PAGE(S) 72 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS,the residence on the Property was built in 1961 in the Vista Las Palmas neighborhood in Palm Springs, California. WHEREAS, on or about the time the residence was built on the Property,a carport was also built on the Property. 55575.18000\32028524.1 1 WHEREAS, CITY issued Permit No:B8500, dated August 1965, permitting the conversion of the original carport into a playroom. The current location of the carport is depicted in the diagram attached hereto as Exhibit"A"and incorporated herein by this reference. WHEREAS, according to CITY's records,the permit description contained in Permit No. B8500 is scant and imperfect,leading the Parties to�dispute whether the carport in its current location was permitted by Permit No.B8500.The relevant portions of the description contained therein is lacking in detail and much of it is illegible. WHEREAS, CITY subsequently made a curb cut for access to the existing carport. WHEREAS, CITY and OWNER acknowledge that the post on the northeast corner of the carport extends out diagonally from the top of the carport cover into CITY's right-of-way by approximately 12 inches. CITY and OWNER acknowledge and agree that OWNER shall move the post on the northeast corner of the carport out of CITY's right of way and onto the Property. WHEREAS,based upon the totality of the circumstances,the Parties agree that,following relocation of the carport as provided by this Agreement, the carport will be considered a properly permitted structure and,therefore,the carport will be entitled to remain in its.relocated location. NOW, THEREFORE, in consideration for the mutual covenants contained herein and as further consideration for CITY approving OWNER's request that CITY acknowledge that the carport on the Property in its relocated location will be lawfully permitted, and shall remain on the Property until Owner, its successors or assigns permanently remove the carport or receive-permission from CITY to relocate the carport and actually relocates the carport,the Parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein as if repeated in their entirety. 2. OWNER shall move the post on the northeast corner of the carport onto the OWNER's Property within forty-five (45) days following the date of.execution of this Agreement,at OWNER's sole expense. OWNER shall also reconstruct the carport cover so that the southern end of.the carport cover is located,ten.(10)'or more feet from the adjoining property's property-line within forty-five (45) days following the date.of execution of this Agreement at OWNER's sole expense. Thereafter, the City shall deem the carport a lawfully permitted carport. OWNER shall maintain the carport in a clean and safe condition, including,but not limited to,changing the carport cover and making necessary repairs,from time.to time,without additional approval of CITY. 3. All individuals signing this Agreement have the legal authority and capacity to enter into this Agreement. 4. This-Agreement shall be recorded at OWNER's sole expense and shall inure to the benefit of and be binding upon OWNER's successors, heirs, 'executors, administrators, representatives,assigns;and all other persons or entities acquiring an interest thereunder,and this Agreement shall constitute a covenant running with the land in perpetuity. 5. This Agreement and the provisions contained herein shall be construed, controlled; and interpreted according to the laws of the State of California and all applicable and duly adopted ordinances, regulations, and policies of Riverside County and CITY now in effect and those hereinafter adopted. 55575.18000\32028524.1 2 6. The location for settlement of any claims, controversies, disputes, arising out of or relating, directly or indirectly,to any part of this Agreement or any breach hereof,shall be in Riverside County, California. 7. In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the prevailing party in such dispute shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorney's fees. 8. This Agreement constitutes the entire Agreement between the Parties with respect to the specific matters contained herein and supersedes all previous discussions,understandings, and agreements. Any amendments to or waivers of the provisions contained herein shall be made by the Parties in writing. 9. If any sentence,phrase,paragraph,provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed an independent provision and-such holding shall not affect the validity of the remaining portions hereto. IN FITNESS.WHEREOF, the Parties-have executed this Agreement on the day and year first written above. CITY OF PALM SPRINGS, CALIFORNIA OWNE 6 B � B ` �del ate[ RORRMT r`"``"T Icy $PE<I@L K FAMILY TRUST, A Kenneth David DeGiorgio,Trustee ATTEST: By $PE<I@L K FAMILY TRUST By Nichol Marie DeGiorgio,Trustee THO City Clerk).C,'+y of W-M SPfNg APPROVED AS TO FORM: Jef ey Balli er ty Attor CtiA) of PoIM f+n'A l 55575.18000\32028524.1 3 .f•�• a t f •a-: f p o 4 ��.. �r.:A\�- �' `� {S`�, f ,,. -�' � , '�`• *,, I � � i ,yr. , _ f . a ,. � �� , .� ,�•� Mt4;"y` � � cilia. 1 + ` ` '4 y Google l ` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On lye/ before me, MichdIp- 7Y1ompsovl , Date Here Insert Name and Title of the Officer personally appeared �CGnn.2-1-VI �°�t III tah U eA d /�/�cam.0 l f'1 iortt i u 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLETHOMPSON WITNESS my hand and official seal. Notary Public—California z Orange County D j Commission#2187675 My Comm.Expires Mar 23,2021 Signature Sig ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 r. , rrr rr. �• r i o 0 ;�`lkv+..r � .' y�. 1 i 1'+..'��4 Ir ,-•a� �~^` �{{#�"Y_"� _ tee— ��'��.xr `�: +'[;-11,�i� �j rl.�.�+ .:��`t • ' r tre AOK 5.1 7�w If © �,. - j,f/•eSt _ r`; ��� .` �,�.�r•,. j{� �,�� _�! • _ash. Coe 16 lAr 2D s._.. Goog•I d �x _ caws r,<r, i;�u.• nrr i,w u,; t45 F. .■ dx 1 0 • ❑ � 5/i