HomeMy WebLinkAbout10/19/2016 - STAFF REPORTS - 4.B. 4�*9
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cq</FORe`P City Council Staff Report
Date: October 19, 2016 UNFINISHED BUSINESS
Subject: ACCEPTANCE OF QUITCLAIM DEEDS TO EXTINGUISH
UNDERGROUND AIR SPACE EASEMENTS, ACCEPTANCE OF AN
ACCESS EASEMENT, AND GRANTING OF UNDERGROUND AIR
SPACE EASEMENTS WITH PALM SPRINGS PROMENADE, LLC,
ASSOCIATED WITH THE DOWNTOWN PALM SPRINGS PROJECT
From: David H. Ready, City Manager
Initiated by: Marcus L. Fuller, Assistant City Manager
SUMMARY
This action would facilitate the exchange of various air space easements, and
dedication of a new access easement, between the City and Palm Springs Promenade,
LLC, associated with the Downtown Palm Springs Project.
RECOMMENDATION:
1) Authorize the City Clerk to accept a Quitclaim Deed from Palm Springs
Promenade, LLC, to relinquish to the City of Palm Springs an existing
underground air space easement of 8,313 square feet within Belardo Road
identified as "Lot B Air-Space";
2) Authorize the City Clerk to accept a Quitclaim Deed from Palm Springs
Promenade, LLC, to relinquish to the City of Palm Springs an existing
underground air space easement of 1,364 square feet within Belardo Road
identified as "Lot C Air-Space Parcel 1";
3) Authorize the City Clerk to accept a Quitclaim Deed from Palm Springs
Promenade, LLC, to relinquish to the City of Palm Springs an existing
underground air space easement of 3,161 square feet within Belardo Road
identified as "Lot C and D Air-Space Parcel 2";
4) Authorize the City Clerk to accept an Access Easement from Palm Springs
Promenade, LLC, to the City of Palm Springs for vehicular and pedestrian access
purposes of 3,445 square feet for access to the surface parking lot located on
Tahquitz Canyon Way; �}
ITEM NO. �/
City Council Staff Report
October 19, 2016 - Page 2
Easement Exchange with Palm Springs Promenade, LLC
5) Authorize the City Manager to execute an Underground Air Space Easement
Deed granting to Palm Springs Promenade, LLC, an underground air space
easement of 4,418 square feet within Andreas Road to facilitate operation and
maintenance of existing underground parking facilities extending within Blocks A
and B of the Downtown Palm Springs Project;
6) Authorize the City Manager to execute an Underground Air Space Easement
Deed granting to Palm Springs Promenade, LLC, an underground air space
easement of 6,259 square feet to facilitate operation and maintenance of future
underground parking facilities extending within Blocks F and H-2 of the
Downtown Palm Springs Project;
3) Direct the City Clerk to record all documents with the Riverside County Recorder.
STAFF ANALYSIS:
On December 2, 2009, the City Council adopted Ordinance No. 1764, adopting the
Museum Market Plaza Specific Plan, Case No. 5.1204, (the "Specific Plan").
On September 7, 2011, the City Council adopted Resolution No. 23018, authorizing the
City and Palm Springs Promenade, LLC, (the "Developer") to enter into a Project
Financing Agreement ("PFA" — Agreement No. 6144) applicable to the financing,
development, redevelopment, creation and refurbishment of public and private
improvements within the Specific Plan area. The PFA included, among other things, a
Site Plan and Project Description depicting the proposed improvements, including new
public streets and new privately owned underground parking facilities.
On June 20, 2012, the City Council approved a Grant Deed between the City of Palm
Springs and Palm Springs Promenade, LLC, that conveyed certain real property
interests in parcels of land to the City within the Specific Plan, including fee interest in
the new public streets and underground air space easements for the City-owned
underground parking facilities. In order to accommodate new underground parking
facilities to be constructed by the Developer within the Specific Plan, certain
underground air space easements were reserved to the Developer within portions of
Andreas Road and Belardo Road.
As development of the Specific Plan has commenced, construction of the new
underground parking facilities have been completed within Blocks A and B of the
Specific Plan, and the originally proposed underground parking facility has increased in
size to provide additional parking spaces. Also, the Developer has determined it does
not require the use of the underground air space easements reserved within the Belardo
Road right-of-way owned by the City.
02
City Council Staff Report
October 19, 2016 - Page 3
Easement Exchange with Palm Springs Promenade, LLC
In reviewing the various easements established by the Grant Deed approved by City
Council in 2012, the City and Developer have determined that certain underground air
space easements may be extinguished, and additional underground air space
easements are required to accommodate the underground parking facilities within the
Specific Plan.
Staff has identified six easement exchanges between the City and Developer that are
recommended to implement the final configuration of existing and proposed
underground parking facilities, and to perfect vehicular access to the City-owned
surface parking lot on Tahquitz Canyon Way. The six easement exchanges are
described as follows:
1 . Relinquishment to the City of Palm Springs of an existing underground air space
easement of 8,313 square feet within Belardo Road identified as "Lot B Air-Space";
2. Relinquishment to the City of Palm Springs of an existing underground air space
easement of 1,364 square feet within Belardo Road identified as "Lot C Air-Space
Parcel 1";
3. Relinquishment to the City of Palm Springs of an existing underground air space
easement of 3,161 square feet within Belardo Road identified as "Lot C and D Air-
Space Parcel 2";
4. Dedication to the City of Palm Springs of an Access Easement of 3,445 square feet
for vehicular access to the surface parking lot located on Tahquitz Canyon Way;
5. Dedication to Palm Springs Promenade, LLC, of an Underground Air Space
Easement of 4,418 square feet within Andreas Road for underground parking
facilities;
6. Dedication to Palm Springs Promenade, LLC, of an Underground Air Space
Easement of 6,259 square feet within Block H-2 for underground parking facilities
The easement exchange will benefit the City by relinquishing or dedicating to the City a
total of 16,283 square feet of real property, whereas the Developer will benefit by
acquiring 10,677 square feet of underground air space easement rights. The easement
exchange is necessary to facilitate the final development of the Specific Plan as
approved by the City Council
Figure 1 on the next page provides an overall depiction of the various easement
exchanges between the City and Developer.
The various easement documents are included as attachments to this report.
03
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City Council Staff Report
October 19, 2016 - Page 5
Easement Exchange with Palm Springs Promenade, LLC
ENVIRONMENTAL IMPACT:
On November 18, 2009, the City Council adopted Resolution No. 22625, certifying the
FEIR (State Clearing House No. 2008061084) for the Museum Market Plaza Specific
Plan (Case No. 5.1204), including amendments to the 2007 General Plan and Palm
Springs Zoning Code, making certain findings relating to the environmental effects
identified in the FEIR, and adopting a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program. The City Council subsequently
reaffirmed and re-adopted Resolution No. 22625 on December 2, 2009.
The action to exchange the easements between the City and Developer implement the
Specific Plan, and no further action with regard to CEQA is required.
FISCAL IMPACT:
There is no cost to the City associated with the exchange of easements with the
Developer.
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., P
Assistant City Manager/City Engineer City Manager
Do glas Holland, Esq.
City Attorney
Attachments:
1. Quitclaim Deed for "Lot B Air-Space";
2. Quitclaim Deed for "Lot C Air-Space Parcel 1";
3. Quitclaim Deed for "Lot C and D Air-Space Parcel 2';
4. Access Easement for surface parking lot located on Tahquitz Canyon Way;
5. Underground Air Space Easement Deed within Andreas Road;
6. Underground Air Space Easement Deed within Block H-2
05
ATTACHMENT 1
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged, Palm Springs
Promenade, LLC, a California limited liability company, (hereinafter "Grantor"),
does hereby remise, release and quitclaim to the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, (hereinafter "Grantee"), that
certain air space easement identified as "Lot B Air-Space" extending underneath the
real property in the City of Palm Springs, Riverside County, California, more particularly
described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated
herein by this reference.
It is the intent of this Quitclaim Deed to relinquish to Grantee all of Grantor's right, title
and interest associated with the underground air space easement identified as "Lot B
Air-Space" retained for the benefit of Grantor by that certain Grant Deed recorded June
27, 2012, as Document No. 2012-0298855, records of Riverside County.
GRANTOR: Palm Springs Promenade,
LLC, a California limited liability
company
Dated:
John Wessman, Manager
07
CAL"F1111 A ALL-P1>RPO86 ACKNOWLiDOMiKT CIVIL CODE§1189
A notary public a 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 before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satalactory evidence to be the person(s) whose name(s) islare
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
Signature of Notary Public
Place Notary Seat 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:
Capacitypes)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:
02016 National Notary Association-www.Nat"Notaty.org- 1-800-US NOTARY(1400-876-6827) hem ar5N7
08
EXHIBIT "A"
LOT B AIR-SPACE
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 20326 AS FILED IN PARCEL
MAP BOOK 133 AT PAGES 81 THROUGH 85 INCLUSIVE,RIVERSIDE COUNTY
RECORDS,DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF NORTH PALM CANYON
DRIVE AND TAHQUITZ CANYON WAY AS SHOWN ON SAID PARCEL MAP, THENCE
SOUTH 890-50'-25"WEST ALONG THE CENTERLINE OF SAID TAHQUITZ CANYON
WAY,A DISTANCE OF 324.08 FEET;
THENCE NORTH 000-08'-00"WEST,A DISTANCE OF 44.00 FEET TO THE NORTH LINE
OF SAID TAHQUITZ CANYON WAY AND THE SOUTH LINE OF SAID PARCEL 1
THENCE CONTINUING NORTH 00°-08'-00"WEST,A DISTANCE OF 7.60 FEET TO THE
TR UE POINT OF BEGINNING,
THENCE SOUTH 890-50'-25"WEST,A DISTANCE OF 41.00 FEET;
THENCE NORTH 000-08'-00"WEST,A DISTANCE OF 201.05 FEET;
THENCE NORTH 890-52'-00"EAST,A DISTANCE OF 31.00 FEET;
THENCE NORTH 000-08'-00"WEST,A DISTANCE OF 5.70 FEET;
THENCE NORTH 890-52'-00"EAST,A DISTANCE OF 10.00 FEET;
THENCE SOUTH 000-08'-00"EAST,A DISTANCE OF 206.75 FEET TO THE TRUE POINT
OF BEGINNING.
SEE EXHIBIT`B"FOR VERTICAL LIMITS
SAID ABOVE DESCRIBED AREA CONTAINS 8313.06 S.F.(.19 AC.),MORE OR LESS,AS SHOWN
ON EXHIBIT`B"ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF.
SUBJECT TO ALL COVENANTS,RIGHTS,RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
PREPARED BY
SANBORN A/E,INC. X�p,L LANp SL9m
O Steven J. Van "t
� o
STEVEN J.VAN PLS 6500
WO. 13-110 Exp. 06/30/17
10/1LI6 s, No.6500 �1
Tqr OQ�
F OF CP\-\F
EXHIBIT "B"
A
AIR—SPACE 2
LOT 8 L4 Ls U
LINE TABLE '� 'j u� J
L1 N00°O8'00"W 44.00' E ° ° p0
L2 N00 008'00"W 7.60' O '!,'% o P PER ° ° 6
L3 N890'2'00"E 41.00' og 44'°Q y0�5
L4 N89°52'00"E 31.00' i �� iRE�l/21p° U
L5 N00°08'00"W 5.70' o d
L6 N89052'00"E 10.00' o o
i' c
O � o
o .� Z
i POB
i
Z L2
A
N89050'25"E 324.08' _
T TAHQUIT�NYON WA YPOC
J CENTERLINE INTERSECTION
PER P.M. 20326
U.B,454,20 J
ONr,L LANa = U.B.=452.20 3
L.B.-44520 �
o Ste J. Van
o g L.B.442.0 0
a �
yt �,06„°n7 * SECTION A A
J a 850° r UPPER AND LOWER BOUNDARIES
T,rF�F CALtF�e� 100 50 0 1.00 200
SCALE 7:100"
GRAPHIC SCALE
f PALp A APPROVED.
CITY OF PALM SPRINGS __DA7r__
PUBLIC WORKS & ENGINEERING 7987
ALL ,tP DEPARTMENT CITY ENGINEER AL.S
AIR—SPACE LOT B DESIGN BY: SCALE FILE NO.:
LEGAL DESCRIPRON: AMS 1" = 100' -
SEE EXHIBIT A" CHECKED BK W.O. # SHEET NO.:
SJV 13-110 1 OF J
10
ATTACHMENT 2
1
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged, Palm Springs
Promenade, LLC, a California limited liability company, (hereinafter "Grantor"),
does hereby remise, release and quitclaim to the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, (hereinafter "Grantee"), that
certain air space easement identified as "Lot C Air-Space Parcel 1" extending
underneath the real property in the City of Palm Springs, Riverside County, California,
more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto
and incorporated herein by this reference.
It is the intent of this Quitclaim Deed to relinquish to Grantee all of Grantor's right, title
and interest associated with the underground air space easement identified as "Lot C
Air-Space Parcel 1" retained for the benefit of Grantor by that certain Grant Deed
recorded June 27, 2012, as Document No. 2012-0298855, records of Riverside County.
GRANTOR: Palm Springs Promenade,
LLC, a California limited liability
company
Dated:
John Wessman, Manager
12
CALWORMIA ALL-PURPOSE ACKNOWLEDOMENT CWIL CODE§ 1189
M
A rotary pubic 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 Cahfomia )
County of j
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that hialshelthey executed the same in
his/her/their authorized capacity(ies),and that by hisRter/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
Signature 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(iles)Claimed by Signerls)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Titles):
0 Partner — ❑Limited ❑General ❑Partner — D Limited D General
❑Individual 0 Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other. ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association•www.NatbnalNotary.org• t-800-US NOTARY(1.800-876-6827) ttem M5907
13
EXHIBIT B
LOT C AIR-SPACE PARCEL I
ALL THAT PORTION OF PARCEL 3 AND 4 OF PARCEL MAP NO.20326 AS FILED IN PARCEL
MAP BOOK 133 AT PAGES 81 THROUGH 85 INCLUSIVE,RIVERSIDE COUNTY RECORDS,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF NORTH PALM CANYON DRIVE AND
TAHQUITZ WAY AS SHOWN ON SAID PARCEL MAP,THENCE NORTH 000-08'-00"WEST
ALONG THE CENTERLINE OF SAID NORTH PALM CANYON DRIVE,A DISTANCE OF
367.89 FEET;
THENCE SOUTH 890-52'-00"WEST,A DISTANCE OF 40.00 FEET TO THE WEST LINE OF NORTH
PALM CANYON DRIVE;
THENCE NORTH 000-08'-00"WEST ALONG SAID WEST LINE,A DISTANCE OF 41.00 FEET;
THENCE CONTINUING SOUTH 890-52'-00"WEST,A DISTANCE OF 265.65 FEET TO THE
THENCE NORTH 450-08'-00"WEST,A DISTANCE OF 26.07 FEET;
THENCE SOUTH 890-52'-00"WEST,A DISTANCE OF 41.00 FEET;
THENCE NORTH 000-08'-00"WEST,A DISTANCE OF 341.50 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE NORTH 450-08'-47"WEST,A DISTANCE OF 7.06 FEET;
THENCE NORTH 440--52'-00"EAST,A DISTANCE OF 65.04 FEET;
THENCE SOUTH 000-08'-00"EAST,A DISTANCE OF 50.98 FEET'
THENCE SOUTH 890-52'-00"WEST,A DISTANCE OF 41.00 FEET TO THE TRUE POINT OF
BEGINNING;
LOWER BOUNDARY 453.00 FEET.
UPPET BOUNDARY 463.00 FEET.
ALSO SEE EXHIBIT`B"FOR VERTICAL LIMITS.
SAID ABOVE DESCRIBED AREA CONTAINS 1364.46 S.F. (.03 AC.),MORE OR LESS,AS SHOWN
ON EXHIBIT`B"ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF.
SUBJECT TO ALL COVENANTS,RIGHTS,RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
PREPARED BY
SANBORN A/E,INC. \oNPL LAIVO sL9L
STEVEN L VAN PLS 6500 o Steven J. Van
WO.13-110 O
o_ x
10/12/16
Exp. O6/30/7
s No. 6500 �P
Tqr OPT
P OF CA�-�F
14
EXHIBIT "B" LINE TABLE
L1 N89052'00"E 40.00'
L2 N00°08'00"W 41.00'
L3 N45°08'00"W 26.07'
J L4 N89052'00"E 41.00'
L5 N89052'00"E 41.00'
L6 N00008'00"W 50.98'
L7 N45°08'47"W 7.06'
AIR—SPACE �� 6446
PAR
LOT htipp° PpR�E 13gP31
LOWER BOUNDARY= 453,00
UPPER BOUNDARY= 463.00 J P
POB LA L5
PCL, 1
3
o.
coN
O 1W
..
Olt
'
Oro
z Q
40'
N ' O
0
U
J
L3 N89°52'00"E 265.65'
O,IL LApO U
0 Steven J. Van
a A O
O
Em.a6/JO/17 l 00
J•f Na OW r�r O
o
,rf OF CAL1FOp
z
TAHQUITZ CANYON WAY ciL�
100 50 0 100 200 - - -
POC
SCALE 1:100 CENTERLINE INTERSECTION
GRAPHIC SCALE PER P.M. 20326
APPROVED:
f PALy so
,° A CITY OF PALM SPRINGS
PUBLIC WORKS & ENGINEERING 7987
0�� �,� DEPARTMENT CITY ENGINEER P.L.S.
AIR-SPACE LOTS C DESIGN BY..- SCALE. flLf NO.:
LEGAL DESCRIPT10N. D.B. 1" = 100' —
SEE EXHIBIT A" CHECKED BY. W.O. SHEET NO.:
S,IV i3—if0 1 OF 1
15
ATTACHMENT 3
IG
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§61 03
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged, Palm Springs
Promenade, LLC, a California limited liability company, (hereinafter "Grantor"),
does hereby remise, release and quitclaim to the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, (hereinafter "Grantee"), a portion
of that certain air space easement identified as "Lot C and D Air-Space Parcel 2"
extending underneath the real property in the City of Palm Springs, Riverside County,
California, more particularly described on Exhibit "A" and shown on Exhibit "B"
attached hereto and incorporated herein by this reference.
It is the intent of this Quitclaim Deed to relinquish to Grantee all of Grantor's right, title
and interest associated with that portion of the underground air space easement
identified as "Lot C and D Air-Space Parcel 2" as described on "Exhibit A" that was
retained for the benefit of Grantor by that certain Grant Deed recorded June 27, 2012,
as Document No. 2012-0298855, records of Riverside County.
GRANTOR: Palm Springs Promenade,
LLC, a California limited liability
company
Dated:
John Wessman, Manager
17
CALLFOPJ"ALL-PURPOW ACKpOtNLEDOMGKT CML CODE§1189
A notary pubic or other officer completing this certificate verifies only the identity of the indwdual who signed the
document to which this certificate is attached.and not the truthfulness.accuracy,or validity of that document.
State of Califomia )
County of )
On before me.
Date Here Inserf Name and Title of the Officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) istare
subscribed to the within instnument and acknowledged to me that he/sheRttey executed the same in
his twAheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the personls),
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 Caffomia that the foregoing paragraph
is true and Correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL.
Though this section is optional, cornpletirg this information can deter alteration of ft 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:
Capadty(ies)Claimed by Signers)
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: M Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-BOD-876-M27) ttem i5907
1 �
EXHIBIT "A"
LOTS C AND D AIR-SPACE PARCEL 2
ALL THAT PORTION OF LOTS"C&"D"OF PARCEL MAP NO.36446 AS FILED 1N PARCEL MAP
BOOK 238 AT PAGES 31 THROUGH 34 INCLUSIVE,RIVERSIDE COUNTY RECORDS,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF NORTH PALM CANYON DRIVE AND
TAHQUITZ WAY AS SHOWN ON SAID PARCEL MAP,THENCE NORTH 000-08'-00"WEST
ALONG THE CENTERLINE OF SAID NORTH PALM CANYON DRIVE,A DISTANCE OF
367.89 FEET;
THENCE SOUTH 890-52'-00"WEST,A DISTANCE OF 40.00 FEET TO THE WEST LINE OF NORTH
PALM CANYON DRIVE;
THENCE NORTH 000-08'-00"WEST ALONG SAID WEST LINE,A DISTANCE OF 41.00 FEET;
THENCE CONTINUING SOUTH 890-52'-00"WEST,A DISTANCE OF 265.65 FEET TO THE
THENCE NORTH 450-08'-00"WEST,A DISTANCE OF 26.07 FEET;
THENCE SOUTH 890-52'-00"WEST,A DISTANCE OF 41.00 FEET;
THENCE NORTH 000-08'-00"WEST,A DISTANCE OF 143.82 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE CONTINUING NORTH 000-08'-00"WEST A DISTANCE OF 77.24 FEET;
THENCE NORTH 890-52'-00"EAST A DISTANCE OF 54.23 FEET;
THENCE SOUTH 000-08'-00"EAST A DISTANCE OF 1.88 FEET;
THENCE SOUTH 890-52'-00"WEST A DISTANCE OF 5.22 FEET;
THENCE SOUTH 440-52'-00"WEST A DISTANCE OF 11.31 FEET;
THENCE SOUTH 000-08'-00"EAST A DISTANCE OF 60.20 FEET;
THENCE SOUTH 890-52'-00"WEST A DISTANCE OF 28.60 FEET;
THENCE SOUTH 590-42'-00"WEST A DISTANCE OF 14.32 FEET TO THE TRUE POINT OF
BEGINNING.
LOWER BOUNDARY 442.50 FEET.
UPPER BOUNDARY 463.00 FEET.
ALSO SEE EXHIBIT`B"FOR VERTICAL LIMITS
SAID ABOVE DESCRIBED AREA CONTAINS 3160.72 S.F.(07 AC.),MORE OR LESS,AS SHOWN
ON EXHIBIT`B"ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF.
SUBJECT TO ALL COVENANTS,RIGHTS,RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
�P< LAND
PREPARED BY y�0 S
SANBORN A/E,INC. 5 G9m
O Steven J. Van
O
a w
STEVEN J. VAN PLS 6500
WO. 13-110 Eq, 06/30/17
10/12/16 S No.6500 �P
TgTF OF CW OQ�
�s
EXHIBI T "B» LINE TABLE
L1 N89052'00"E 40.00'
L2 N00°08'00"W 41.00'
N45°08'00"W 26.07'
J L4 N89052'00"E 41.00'
L5 N89052'00"E 54.23'
L6 N00008'00"W 1.88'
7 N89052'00"E 5.22'
L8 N 440 52'00"E 11.31'
`�/• I g N89°52'00"E .60'
14.32'
i
3
o - L6 -
oD O \ L
oa? �. ;- W
O ry i .
Yh
Z"' 0 AIR-SPAC
LOT C d 40' o
Pc o2 10 3 PARCEL 2 2
N Z LOWER BOUNDARY 44250 �y0
ao UPPER BOUNDARY= 3.00 56�M Z
ti PR �° U
'm P 'CB'L 36346
8 QQPQQ
�10O,ry. yg1 Z
AE23 �3 � ePM
L 3
N89052'00"E 265.65'
ONNL LAAf4D&/. _ - - U
L1 _
aSteven J. Van
o
6 F O
y 1 O
7� EM, 06/30/17 1 00
�
Na SOD ! — O r'rf OF C)".X"l� M p
Z
TAHOU/TZ CANYON WAY C/L�
100 50 0 100 200 - - -
POC
SCALE P 100' CENTERLINE INTERSECTION
GRAPHIC SCALE PER P.M 20326
0c PAµ� APPROVED:
° p CITY OF PALM SPRINGS �>�
PUBLIC WORKS & ENGINEERING 7987
G�,� � DEPARTMENT CITY ENGINEER pLs
AIR—SPACE LOTS C AND D DESIGN BY SCALE. FILE NO.:
LEGAL DESCRIPPON. AMS 1" = 100' —
SEE EXHIBIT "4" CHECKED BY W.O. SHEET NO.:
SJV 13-110 1 OF 1
20
ATTACHMENT 4
'l 1
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
ACCESS EASEMENT
APN #513-560-060
For a valuable consideration, receipt of which is hereby acknowledged, Palm Springs
Promenade, LLC, a California limited liability company, (hereinafter "Grantor"),
hereby GRANTS to the CITY OF PALM SPRINGS, a California charter city and
municipal corporation, (hereinafter "Grantee"), an easement for vehicular and
pedestrian access purposes, and appurtenant uses, together with the right to construct,
maintain, repair, and use for the benefit of Grantee, in, on, under, over and across the
real property in the City of Palm Springs, Riverside County, California, more particularly
described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated
herein by this reference.
This grant of an access easement is subject to those applicable terms, covenants,
conditions, restrictions, reservations, easements, exceptions and agreements as set
forth in that certain Grant Deed recorded June 27, 2012, as Document No. 2012-
0298855, records of Riverside County, and that certain Easement Agreement recorded
June 27, 2012, as Document No. 2012-0298856, records of Riverside County.
GRANTOR: Palm Springs Promenade,
LLC, a California limited liability
company
Dated:
John Wessman, Manager
22
fCALIFORMIA ALL-P1IMiPOW ACKNOUILiDOMtiNT CML CODE§1189
A notary public or other officer txxnpleti ng this certificate verifies only the identity of the individual who signed the
document to which this certificate's attadted,and not the truthfulness.accuracy,or validity of that document.
State o1 California )
County of )
On before me,
Date Here Insert Name and Title of the Officer
personally, appeared
Names)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
hisAwltheir 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
Signature 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 Docummt
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CapaatYCtes)Claimed by Sigirier1s)
Signer's Name: Signer's Name:
❑Corporate Officer — Titie{s): ❑Corporate Officer — Tide(s):
0 Partner — ❑Limited 0 General ❑Partner — ❑Limited ❑General
❑individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator 0 Trustee ❑Guardian or Conservator
❑Other. ❑ Other:
Signer Is Representing: Signer Is Representing:
C2016 National Notary Association•www.NationalNotary.org-1-600-US NOTARY(1-800-87&W7) Item ii
23
EXHIBIT "A"
EASEMENT
APPROVED LEGAL DESCRIPTION
NO. R16-11A
EASEMENT AREA
ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP 36446, AS FILED IN PARCEL MAP
BOOK 238 AT PAGES 31 THROUGH 34 INCLUSIVE, RIVERSIDE COUNTY RECORDS,
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4,THENCE NORTH 000-
08'-00"WEST ALONG THE EAST LINE OF SAID PARCEL 4,A DISTANCE OF 106.97
FEET;
THENCE NORTH 890-52'-00" EAST,A DISTANCE OF 32.21 FEET;
THENCE SOUTH 000-08'-00" EAST,A DISTANCE OF 106.96 FEET TO A POINT ON THE
SOUTH LINE OF SAID PARCEL 4;
THENCE SOUTH 890-50'-25" WEST, ALONG THE SOUTH LINE OF SAID PARCEL 4,
ALSO BEING THE NORTH RIGHT OF WAY OF TAHQUITZ CANYON WAY,A
DISTANCE OF 32.21 FEET TO THE POINT OF BEGINNING.
EASEMENT AREA CONTAINING 3,445.3 SQ.FT.(0.08 AC.)MORE OR LESS
SEE EXHIBIT"B" FOR DEPICTION ATTACHED HERETO AND MADE A PART
HEREIN.
PREPARED BY
SANBORN A/E, INC. LAN, s
L
4�y Nm
a Steven J. Van 0
STEVEN J. VAN PLS 6500 Eip.06/30/17
WO. 13•110 1p No.6500
&19/16 "4lF OQ`
OF CAti-NF
24
EXHIBI T "B"
1 '
P£R4Q6 I Q
L >>p 36 3a OC
pPPRGa 238�3�� �
'K
0.079 AC. Ll v��
o
t Qea
c, (6 Q
E6 o
_o
3 3
o
0 0
0 0
o z
P.O.B. L2
in
cli
TA/IQUITZC4W0Af WAY
LINE TABLE
Nit LAUD # BEARING LENGTH
4�g5�° � L NN88'52'00-E '
L2 Ne9 so25'E 3221'
a St J. V c
6 � P
* w.o01wm
ft surf oF'�'tfoQ�� 50 25 0 50
SCALE 1:50'
GRAPHIC SCALE
� PAW,� APPROYID:
CITY OF PALM SPRINGS im Tr
a PUBLIC WORKS & ENGINEERING 79e7
DEPARTMENT CITY ENGINEER P.E
EASEMENT tea+Br a4LF• FUE Na:
LE" DESCRPnON.., A.M.S J" = 50' R-16-11A
a�earm ar. w.o / 9�rna:
SEE EXHIBIT A" J.L.S J3-110 1 OF 1
25
ATTACHMENT 5
26
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
UNDERGROUND AIR SPACE EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, CITY OF PALM
SPRINGS, a California charter city and municipal corporation, (hereinafter
"Grantor"), hereby GRANTS to Palm Springs Promenade, LLC, a California limited
liability company, (hereinafter "Grantee"), an underground air space easement for
operation and maintenance of Parking Facilities to be owned and operated by Grantee
underneath the public right-of-way for Andreas Road, extending underneath that certain
real property located in the City of Palm Springs, Riverside County, California, more
particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and
incorporated herein by this reference.
Reserving unto the Grantor herein, fee ownership of the real property, and the
continued use of the public right-of-way for Andreas Road. It is expressly understood
that the underground air space easement conveyed herein shall be limited to Grantee's
use necessary for the operation and maintenance of Parking Facilities that are
constructed at elevations extending between 446.50 and 460.00 underneath the public
right-of-way for Andreas Road.
This grant of an underground air space easement is subject to those applicable terms,
covenants, conditions, restrictions, reservations, easements, exceptions and
agreements as set forth in that certain Grant Deed recorded June 27, 2012, as
Document No. 2012-0298855, records of Riverside County, and that certain Easement
Agreement recorded June 27, 2012, as Document No. 2012-0298856, records of
Riverside County.
[SIGNATURES ON NEXT PAGE]
27
GRANTOR: City of Palm Springs, a
California charter city and municipal
corporation
Dated:
David H. Ready, City Manager
Attest: Approved as to form:
James Thompson, City Clerk Douglas C. Holland, City Attorney
28
EXHIBIT "A"
EASEMENT
APPROVED LEGAL DESCRIPTION
NO. 16-11 B
LOT D AIR-SPACE EASEMENT AREA I
ALL THAT PORTION OF LOT D OF PARCEL MAP NO. 36446 AS FILED IN PARCEL MAP BOOK
238 AT PAGES 31 THROUGH 34 INCLUSIVE,RIVERSIDE COUNTY RECORDS,DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 AS SHOWN ON SAID PARCEL
MAP NO,36446,THENCE NORTH 89'-52'-00"EAST ALONG THE NORTH LINE OF SAID
PARCEL 2 AND SOUTH LINE OF SAID LOT D,A DISTANCE OF 113.30 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 000-08'-00"WEST TO THE NORTH LINE OF SAID LOT D,A DISTANCE OF
41.00 FEET;
THENCE SOUTH 890-52'-00"WEST ALONG THE NORTH LINE OF SAID LOT D,A DISTANCE OF
82.64 FEET;
THENCE SOUTH 000-08'-00"EAST TO THE SOUTH LINE OF SAID LOT D,A DISTANCE OF 41.00
FEET;
THENCE NORTH 890-52'-00"EAST ALONG THE SOUTH LINE OF SAID LOT D,A DISTANCE OF
82.64 FEET TO THE TRUE POINT OF BEGINNING.
EASEMENT AREA CONTAINING 3388.2 SQ.FT. (0.08 AC.)MORE OR LESS.
LOT D AIR-SPACE EASEMENT AREA 2
ALL THAT PORTION OF LOT D OF PARCEL MAP NO.36446 AS FILED IN PARCEL MAP BOOK
238 AT PAGES 31 THROUGH 34 INCLUSIVE,RIVERSIDE COUNTY RECORDS,DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 AS SHOWN ON SAID PARCEL
MAP NO.36446,THENCE NORTH 00'-08'-00" WEST TO THE NORTH LINE OF SAID LOT D,A
DISTANCE OF 41.00 FEET;
THENCE SOUTH 890-52'-00"WEST ALONG THE NORTH LINE OF SAID LOT D,A DISTANCE OF
125.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 890-52'-00" WEST ALONG THE NORTH LINE OF SAID LOT D,A
DISTANCE OF 29.36 FEET;
THENCE SOUTH 000-08'-00"EAST,A DISTANCE OF 39.12 FEET;
THENCE NORTH 890-52%00"EAST,A DISTANCE OF 19,15 FEET;
THENCE NORTH 000-08'-00" WEST A DISTANCE OF 6.50 FEET;
PAGE I
29
EXHIBIT "A"
EASEMENT
APPROVED LEGAL DESCRIPTION
NO. 16-118
LOT D AIR-SPACE EASEMENT AREA 2 !cant.)
THENCE NORTH 440-52'-00"EAST A DISTANCE OF 14.44 FEET;
THENCE NORTH 00°-08%00"WEST TO THE NORTH LINE OF SAID LOT D,A DISTANCE OF
22.41 FEET TO THE TRUE POINT OF BEGINNING.
EASEMENT AREA CONTAINING 1030.1 SQ.FT.(0.02 AC.)MORE OR LESS.
SEE EXHIBIT"B"FOR DEPICTION ATTACHED HERETO AND MADE A PART HEREIN.
PREPARED BY
SANBORN A/E,INC. �\oNpL LA/vo s
O GAF
Steven J. Van '
6 y
STEVEN L VAN PLS 6500 Esp. 06/30/17 t
08/19/16 ST No.6500
qTF OF CP,0.0
PAGE
30
EXHIBIT "B"
1
PARc- p28 PAR GE15�p2A
ca. gyp.
J AIR—SPA
-- - OI LOT D'- EASEKE 4T AREA .A"
LINE TABLE Q LOWER BOUNDARY 446,50 EL.
Li N00°08'00"W 41.00' UPPER BOUNDARY- 460.00 9
L2 N89952'00"E 113.30' AAVREAS AD.
L3 N89052'00"E 82.64' POB_0M
L4 N89052'00"E 29.36' AREA�,• N89°52'00.T
L5 N00008'00'W 39.12' 1 L3
L6 N89052'00"E 19.15' 1n LOT D' �i
U N00°08'00'W 6.50 i L8 J L3
L8 N44052'00"E 14.44' ,
L9 N00°08'00"W 22.41' POBfSMT. ak
AIR—SPACE �Poc 'A
LOT D'-EA0ANr AREA'B" EAS@vW AREA"A" 2
LOWER BOUNDARY= 446 EL.
UPPER BOUTDARY= 460. EL.
pp0tELMAP316 13 0.141
�Zg0�31 V
� 34
P.M.B. QQQ�O• J
� `pNpL LAVo ---- -- - LOT A'
0 Sta J. V°n
6 A
Er N
mr N.Leo �e y �
*jP OF CPO,O�
TAHO?UITZ CANYON WAY
roo .so 0 10o zoo
SCALE 1.-100'
GRAPHIC SCALE
s
APPROVED:
CITY OF PALM SPRINGSPUBLIC WORKS & ENGINEERING 79B7 DEPARTMENT CITY ENGINEER ALS
AIR—SPACE LOT D DESIGN BY. —]SCALE.- FILE NO:
ESEMENT AREAS 1 AND 2 D.B 1" = loo' R-16-118
L OESCRIPPON: CHECKED BY. W.O. / SHEET NO.:
SEE EXHIBIT 'A" ✓.L.S. 13-1f0 1 OF' 1
31
ATTACHMENT 6
32
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
UNDERGROUND AIR SPACE EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, CITY OF PALM
SPRINGS, a California charter city and municipal corporation, (hereinafter
"Grantor"), hereby GRANTS to Palm Springs Promenade, LLC, a California limited
liability company, (hereinafter "Grantee"), an underground air space easement for
operation and maintenance of Parking Facilities to be owned and operated by Grantee
extending underneath that certain real property owned in fee by Grantor, located in the
City of Palm Springs, Riverside County, California, more particularly described on
Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this
reference.
Reserving unto the Grantor herein, fee ownership of the real property, and the
continued unrestricted use of the ground surface elevation of the subject real property. It
is expressly understood that the underground air space easement conveyed herein
shall be limited to Grantee's use necessary for the operation and maintenance of
Parking Facilities that are constructed at elevations extending between 445.20 and
458.00 underneath the real property.
Together with an obligation of Grantee to design and construct such Parking Facilities
underneath Grantor's real property suitable to support any future structures constructed
by Grantor, and to accommodate Grantor's future use of the real property, as may be
required by the City Manager or designee.
This grant of an underground air space easement is subject to those applicable terms,
covenants, conditions, restrictions, reservations, easements, exceptions and
agreements as set forth in that certain Grant Deed recorded June 27, 2012, as
Document No. 2012-0298855, records of Riverside County, and that certain Easement
Agreement recorded June 27, 2012, as Document No. 2012-0298856, records of
Riverside County.
[SIGNATURES ON NEXT PAGE]
33
GRANTOR: City of Palm Springs, a
California charter city and municipal
corporation
Dated:
David H. Ready, City Manager
Attest: Approved as to form:
James Thompson, City Clerk Douglas C. Holland, City Attorney
34
EXHIBIT "A"
EASEMENT
APPROVED LEGAL DESCRIPTION
NO. R16-11C
PARCEL 10 AIR-SPACE
ALL THAT PORTION OF PARCEL 10 OF PARCEL MAP NO.36446 AS FILED IN PARCEL MAP
BOOK 238 AT PAGES 31 THROUGH 34 INCLUSIVE,RIVERSIDE COUNTY RECORDS,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 10 OF SAID PARCEL MAP,
THENCE NORTH 89a-52'-00 EAST ALONG THE SOUTH LINE OF SAID PARCEL 10,A DISTANCE
OF 85.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 890-52%00"EAST ALONG THE SOUTH LINE OF SAID PARCEL
10.A DISTANCE OF 46.22 FEET;
THENCE NORTH 000-08'-00"WEST TO THE NORTH LINE OF SAID PARCEL 10,A DISTANCE OF
135.43 FEET;
THENCE SOUTH 890-52'-00"WEST ALONG THE NORTH LINE OF SAID PARCEL 10,A
DISTANCE OF 46.22 FEET;
THENCE SOUTH 000-08'-00"EAST TO THE SOUTH LINE OF SAID PARCEL 10,A DISTANCE OF
135.43 FEET TO THE POINT OF BEGINNING.
EASEMENT AREA CONTAINING 6259.1 SQ.FT.(0.14 AC.)MORE OR LESS
SEE EXHIBIT"B"FOR DEPICTION ATTACHED HERETO AND MADE A PART HEREIN.
PREPARED BY
SANBORN A/E, INC.
NO�pl LA/y0STEV VA PLS 6500 0 Steven J. Van
WO. 13-I10 a a
08/19/16
6p. 06/30/I7
s N&6soo �r
TqT� OF CA\-\FOPS
35
EXHIBIT "B"
L—
~- � N89'52'00"E --�-
46. LOT "A" -- -�
3 PARKING
A/RSPACE PARCEL 4
o PARCEL MAP J6446
" SPA/0 A.M.B. 238/31-34
W W)o P.M. 36446
O 'p
0 I �POB Z UPPER BDY.=45&00 0.,
LOWER BDY.=44520 EL,
85.00 46.22
N89'S2'00'f
j oc LA ;m
o
i 6AAn �kA �
QQQ�,9 QQQ�,6
C/L
T�HQUITZ CANYON WA Y j
3 UB.=458Ao EL.
L.B.=4452C HP.O.
,B.
`oNNL LApa
SECTION A A Sys
LPPER AND LOWER BOWARIES 0 Ste n,d1 v
* ron+
aGm 100 50 0 10
r�rF OF cwu SCALE 1. 100'
GRAPHIC SCALE
CITY OF PALM SPRINGS DATE
a h PUBLIC WORKS & ENGINEERING 7987
DEPARTMENT CITY ENGINEER P.LS
AIR—SPACE PARCEL 10 sa � �"Q:
LECAL DE5C'F7PAQV: A.US. 1" = 100' R-16-11C
i'm
4MED er. W.O. j %la7 NR:
SEE EXHIBIT A" J.L.S. 13-110 2 OF 2
36