HomeMy WebLinkAboutA6304 - SMOKE TREE INC - EXCLUSIVE RIGHT OF ENTRY AGR DOC # 2012-0469403
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RECORDING REQUESTED BY: Recorded in Official Records
CITY OF PALM SPRINGS County of Riverside
Larry U. Ward
Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: Ilill Ilil I II IIII II I IIIIiI I III IIII II III
City of Palm Springs
P. O. Box 2743 S R U PAGE SIZE DA MISC LONG RFD COPY
Palm Springs, CA 92263 1 6
Attn: Office of the City Clerk M A L 465 426 PCOR NCO SMF G EXAM
Ch C G T: CTY I UNI
Filing fee EXEMPT per Government Code 6103
815
Resolution No. 23211
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND
INTEREST IN A PORTION OF RIGHT-OF-WAY IN EAST PALM
CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE
(COCO'S RESTAURANT)
FILE R 12-07
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RESOLUTION NO. 23211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST
IN A PORTION OF RIGHT-OF-WAY IN EAST PALM
CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE
(COCO'S RESTAURANT), SECTION 25, TOWNSHIP 4
SOUTH, RANGE 4 EAST, S.B.M.; FILE R 12-07.
WHEREAS, the City Council of the City of Palm Springs, California, is authorized
by Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of
California (the "statute"), to vacate and close to the public use, right-of-way access, and
public service easements, or parts thereof, within the limits of the City; and
WHEREAS, the Circulation Element of the 2007 General Plan classifies East
Palm Canyon Drive as a Major Thoroughfare, requiring 100 feet of right-of-way (50 feet
half-street); and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk
administratively set a public hearing for September 5, 2012 for City Council
consideration of vacating and closing to public use a portion of the public right-of-way
for East Palm Canyon Drive; and
WHEREAS, the City reserves a 20 feet wide easement for existing sanitary
sewer facilities within the proposed vacation area; and
WHEREAS, the City reserves an easement for the Desert Water Agency for
existing waterline facilities within the proposed vacation area; and
WHEREAS, the City reserves a pedestrian access easement within the-entire
proposed vacation area; and
WHEREAS, the City Council did cause to be published a notice of the public
hearing, and did cause to be posted notices of vacation along the line of the subject
public right-of-way, as required by the statue; and
WHEREAS, the City Council did hold a public hearing as required by the statute,
and has considered all evidence submitted concerning the portion of public right-of-way
dedicated for East Palm Canyon Drive, being the vacated area described and shown on
Exhibits "A" and "B" attached hereto and made a part thereof, and the need therefore for
present and prospective public use.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby find that a portion of right-of-way
dedicated for East Palm Canyon is unnecessary for present or prospective public use.
IIIIIII IIIIIII II IIIIIII IN11111111111111111111111111 ia?e212a 4z esOs�F
Resolution No. 23211
Page 2
Section 2. Subject to Sections 4, 5, 6, 7, and 8, herein below, the City Council
does hereby vacate and abandon all the City's right, title and interest in a portion of the
right-of-way for East Palm Canyon described in Exhibit "A", and shown on Exhibit "B",
attached hereto and made a part hereof.
Section 3. The City Council does hereby reserve a pedestrian access
easement over the entire vacated right-of-way area described in Exhibit "A" and shown
on Exhibit "B", attached hereto and made a part hereof.
Section 4. The City Council does hereby reserve a 20 ft. wide easement for
the right to construct, maintain, repair, operate, and use underground sanitary sewer
within the vacated right-of-way area described and shown on a separate recorded
document, attached hereto and made a part hereof.
Section 5. The City Council does hereby reserve an easement for the Desert
Water Agency for the right to construct, maintain, repair, operate, and use waterline
facilities within the vacated right-of-way area described and shown on a separate
recorded document, attached hereto and made a part hereof.
Section 6. The owners, lessees, or agents of the property located at 1901
East Palm Canyon, adjacent to the subject portion of vacated right-of-way, as described
in Exhibit "A" and shown on Exhibit "B", shall be required to remove all existing street
improvements with the vacated area, subject to the approval of the City Engineer, and
shall be responsible for all costs associated herewith.
Section 7. The owners, lessees, or agents of the property located at 1901
East Palm Canyon, adjacent to the subject portion of vacated right-of-way, as described
in Exhibit "A" and shown on Exhibit `B", shall be required to grant to the Desert Water
Agency, an easement for existing and relocated underground utilities across their
property as a result of the vacation of right-of-way, and shall be responsible for all costs
associated therewith. Executed and recorded Grant Deeds conveying easements to the
Desert Water Agency, shall be provided to the City Engineer.
Section 8. In the event the obligations set forth in Sections 6 and 7 herein
above are not completely fulfilled to the satisfaction of the City Engineer within one year
of the date of the adoption of this Resolution, the action taken by the adoption of the
Resolution vacating and abandoning all the City's right, title and interest in the subject
portion right-of-way dedicated for East Palm Canyon, being the vacated area described
in Exhibit "A", and shown on Exhibit "B", shall be deemed null and void, and the action
will be automatically rescinded.
Section 9. Upon notification from the City Engineer that the obligations set
forth in Sections 4, 5, 6 and 7 herein above have been satisfied, the City Clerk is hereby
directed to cause a certified copy of this Resolution, attested by him under the seal of
the City, to be recorded in the Office of the County Recorder of Riverside
IIIIII IIIIIII II IIIIIII III)IIIIII IIIIII III IIIII 1111 IIII e?s21 a 46 6s0s R
Resolution No. 23211
Page 3
County. Upon recordation of the Resolution, the subject portion of right-of-way shall be
deemed vacated and closed to public use, except as deemed in Section 3.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF SEPTEMBER 2012.
DAVID H. READY,,WTICNIANAGER
City of Palm Springs, California
ATTEST:
a
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
M 1f1
CERTIFICATION
tiNa
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23211 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 5, 2012 by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None. O
ABSTAIN: None.
CERTIFIED COPY MES THOMPSON, CITY CLERK
I cerfify that this is a true and correct copy of the document City of Palm Springs, California oq/4 1Zo
on file in the official records of the City of Palm Springs.
I L�-----��} �1•r�.rho_��_
Chief Deputy City Clerk
This certification must appear In blue with an original
signature.
EXHIBIT '4A"
LEGAL DESCRIPTION
R 12-07
PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
S.B.M., AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED
IN BOOK 14,PAGE 652, OF MAPS OF SAN DIEGO COUNTY, RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF
SAID LOT 6,EXCEPTING THE NORTHERLY 10.00 FEET OF THE
WESTERLY 95.00 FEET THEREOF.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY
VACATED BY CITY OF PALM SPRINGS RESOLUTION NO. 21865 RECORDED
APRIL 23, 2008 AS INSTRUMENT NO. 2008-0201625, O.R.
SAID AREA CONSISTS OF 13,612 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT`B"AND MADE A PART THEREOF.
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No. 6687
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LA QUINTA, CA 92253 No. 6687
760-2I9-9886 - 760-262-,5000 (F.4x) C45 7,
daleC7kellehermapping.com DALE K EHER, DATE
LS 6687 EXP. 6-30 14 OF CALVE
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EXCLUSIVE RIGHT OF ENTRY AGREEMENT
is Exclusive Right of Entry Agreement ("Agreement") is made and entered into
this ffVay of'D(L. 2012 ("Effective Date"), by and between the City of Palm Springs,
a California charter city and municipal corporation ("City'), and Smoke Tree Inc., a
California Corporation ("Developer").
RECITALS
A. Developer is the owner of that certain real property located at 1901 East
Palm Canyon Drive, Palm Springs, California ("Developer's Parcel").
B. Developer seeks to vacate a portion of the public-right-of way located
along the northern boundary of Developer's Parcel reducing the southerly half of
East Palm Canyon Drive from 101 feet to 50 feet in width ("Street Vacation").
The area proposed for vacation is more precisely described in Exhibit "A" and
depicted in Exhibit "B" attached hereto ("Vacated Area").
C. The City Planning Commission and the City Council approved the
proposed Street Vacation and related improvements, subject to certain
conditions, on July 25, 2012 and September 5, 2012 respectively ("Project
Approvals").
D. As a condition of the Project Approvals, Developer is required to provide
the City with an exclusive right of entry onto the Vacated Area.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the parties hereto agree as follows:
1. Right of Entry. In the event that Developer has not removed all
abandoned street improvements, abandoned and/or relocated all existing
underground utilities, and constructed new landscaping and street
improvements as necessary within the Vacated Area ("Work") by
September 5, 2014 to the satisfaction of the City Engineer, the City shall
have an exclusive right to entry onto the Vacated Area for purposes of
completing the Work.
2. Removal Costs. Developer shall be responsible for any and all costs
incurred by the City in its exercise of the rights granted by Section 1 of this
Agreement.
3. Security Deposit Prior to the Effective Date, Developer shall provide a
performance bond to the City in a total amount of twenty two thousand
and no1100 dollars ($22,000.00), naming the City as covered oblige, with
surety and in the form and substance each acceptable to the City in it is
890867.1
sole discretion, to be returned to developer at completion of demolition
and subsequent improvements to the existing frontage road area.
4. Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the parties' successors, assigns and grantees, and all of
the terms, provisions, and obligations contained herein shall be
enforceable as equitable servitudes and constitute covenants running with
the land. Notwithstanding the above, every person who now or hereafter
owns or acquires any right, title or interest in or to any portion of
Developer's Parcel and/or the Vacated Area shall be conclusively deemed
to have consented and agreed to every provision contained in this
Agreement, whether or not any reference to this Agreement is contained
in the instrument by which such person acquired an interest in the
Developer's Parcel and/or the Vacated Area.
5. Entire Agreement. This Agreement constitutes the entire agreement
between the parties and supersedes all prior negotiations, arrangements,
agreements, representations, and understandings, if any, made by or
among the parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding
unless executed in. writing by both parties hereto, or their respective
successors, assigns, or grantees.
6. Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute.and original.
890867.I - .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the dates written above.
I
I City of Palm Springs: Devoe . At
I
B .
i City Managerf115
Donahue-Schriber Realty Group
APPROVED BY CITY COUNCIL
ATTEST: �th a?12II q•�.�� �b�Jp
City Clerk
APPROVED ASTP FORM:
By:
Dougfai Holland
City Attorney
890867.1
I
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EXIT"A"
LEGAL DESCRIPTION
R 12-07
PORTION OF LOT 6 OF SECTION 25,TOWNSHIP 4 SOUTH,RANGE 4 EAST,
S.B.M.,AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED
IN BOOK 14,PAGE 652,OF MAPS OF SAN DIEGO COUNTY,RECORDS OF
RIVERSIDE COUNTY,STATE OF CALIFORNIA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF
SAID LOT 6,EXCEPTING THE NORTHERLY I0.00 FEET OF THE
WESTERLY 95.00 FEET THEREOF.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY
VACATED BY CITY OF PALM SPRINGS RESOLUTION NO.21865 RECORDED
APRIL 23,2008 AS INSTRUMENT NO.2008-0201625,O.R.
SAID AREA CONSISTS OF 13,612 SQUARE FEET,MORE OR LESS,AS SHOWN
ON EXHIBIT"B"AND MADE A PART THEREOF.
LAND
No. 6687
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LA OUINTA, CA 92253 No. 6687
7602/9-9886 - 760 262-3000 (FAX) y
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PP LS 6687 EXP. 6-50-14