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HomeMy WebLinkAbout10/19/2016 - STAFF REPORTS - 4.B. 4�*9 ALM S,. �2 V N 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 .. ii► 111- � i( ,ism iY • � � � � - - ';III ■ 111 It � ,�,; ��- „ �,, '. • • � eat �. . ��• • - ..• � it u .- .��� ��. ! -�ii � �• � �!^tea � ■ % \�i_—���■i.�-cry �.., I'll■ � i.a �i i i '�i� •. � . � •� irut�i it 11111e�ii�iuip�i�'�i�i�l� �� �■i�iii�mn�i�■�� .•.- .����.rr.�-. .emu.•.. ... I I I I I I I L��■ IIIIIII F 1 " ''r LM ��.�.� . p- qp loll rw 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