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HomeMy WebLinkAbout05703 - JGD ASSOCIATES LLC EASEMENT AGR FOR TRASH ENCLOSURES D©C # 2008-0433725 08/07/2008 08:00P Fee:NC Page 1 of 16 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Larry IJ. Ward CITY OF PALM SPRINGS Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIII City of Palm Springs P. D. Box 2743 Palm Springs, CA 92263 S R U PAGE 61ZR F D MISC LONG I RFD COPY Attn: Office of the City Clerk A A L 1 ]5 426 1 PCOR NCOR SMF i cHG a m Filing fee EXEMPT per Government code 6103 A5703 Easement Agreement JGD Associates , LLC Titic of Documcnt THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT hereafter referred to as (The "Agreement") is made and entered into as of 1- oLl Zq, 'Ils by and between JGD Associates, LLC, whose Principals are Jay Frank, Don L_ Frank, and the Frank Family Trust (Gary L_ Frank and Deborah N. Frank as trustees of the prank Family Trust, dated May 13, 1997 as tenants in common) hereafter referred to as "Owner", and the City of Patin Springs, a California charter city duly organized and existing under the laws of the State of California and the Charter of the City of Palm Springs hereafter referred to as (the "City"),with reference to the following facts: A. Owner is the owner in fee simple of the real property hereafter referred to as "Owner Parcel" situated in the City of Palm Springs, California, commonly known as 746 through 256 South Palm Canyon Drive, Palm Springs. Pursuant to this Agreement, and subject to the terms and conditions set forth herein, the Owner is granting to the City a pedestrian ingress/egress and maintenance easement over that portion of the Owner Parcel described in Exhibit"A-l"and shown on Exhibit"B-l". B_ The City is the owner of the fee simple interest in a parcel which has been developed as a public parking lot (hereafter referred to as the "Parking Lot Parcel"), as shown in Exhibit"13-1"_ C. In addition,the City is the owner of a multilevel 380 space public parking structure (hereafter referred to as "Parking Structure"), on a parcel (`larking Structure Parcel"),which is adjacent to the Owner Parcel as shown on Exhibit"B-1 n. D. A portion of the Owner Parcel is currently improved with sixteen (16) parking spaces and the access thereto (which parking spaces and adjacent access is hereafter referred to as the "Owner Parking Area")_ The Owner Parking Area currently has access from the adjacent Parking Structure and from the Parking Lot Parcel. Access is from both the adjacent Parkuag Lot Parcel and the Parking Structure Parcel (collectively referred to as the"Public Parking Parcels"). A portion of the Owner Parcel is used as a pedestrian access between the Public Parking Parcels and the Downtown Corridor(hereafter referred to as the"Downtown Alleyway") as shown on Exhibit"13-1". E. City desires to construct improvements on the Owner Parcel to enbauce the.Downtown Alleyway and create a more inviting entryway from the Parking Structure to the Downtown Corridor. These enhancements include decorative block paving, lighting,bollards and decorative wall treatments_ F_ City requires an easement for public use (hereinafter referred to as "Alleyway Pedestrian Easement") for pedestrian ingress/egress to the Downtown Corridor and a temporary construction easement (hereafter referred to as "Construction Easement's for the construction of the alleyway improvements. The Alleyway Pedestrian Easement is legally described in Exhibit "A-1" and shown on Exhibit "13-1", while the 1111111111111111111111111111111111111111111111111111111 as o0az of 16�aaR Construction Easement is legally described in Exhibit "A-2" and shown on Exhibit "B- T% The Construction Easement will expire on December 31,2008. G. City will assume responsibility for maintenance and repair of alleyway improvements and including the steam cleaning and graffiti protectionlabatement of the Owner's building wall (south facing wall of the Pomme l:rite Restaurant) along the Downtown Alleyway to a height of 10 feet along the Alleyway Pedestrian Easement_ Hl The parties now desire to enter into this Agreement to grant to the City the Alleyway Pedestrian Easement granting ingress and egress for public use and maintenance by the City over a portion of the Owner Parcel and the temporary Construction Easement to provide for improvements to the Owner Parcel. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Definitions. (a) The term "Permittees"means (a) all employees, agents, customers, visitors,invitees,and licensees of Owner and the City,respectively; and(b) any person or entity legally entitled to the use and occupancy of space in any improvements situated on the Parcels, and their respective employees, agents, customers, visitors, invitees, licensees,and subtenants. (b) The term "Party or Parties" means Owner or City, their grantees, successors, and assigns who become owners of any portion of the respective parcels. At such time as any person becomes an owner of any portion of a parcel,he shall be deemed to be a Party to this Agreement and shall be conclusively presumed to have taken subject to and assumed all of the obligations and burdens set forth in this Agreement pertaining to the parcel of which their property is a part and to have automatically granted and conveyed all easements described in this Agreement to all other Parties, their successors and assigns,immediately upon such Party's acceptance of delivery of a deed granting and conveying any portion of a parcel to such Party. 2. Payment for Easement. As this easement will allow the City to construct improvements that will directly benefit the Owner, there will be no cash payment for granting of this easement. 3. Grant of Easement. 3.1 Grant of Easement by Owner. Owner hereby grants to City for the benefit of pedestrian access and maintenance, a non-exclusive easement for pedestrian ingress and egress for public use over the owners parcel described in Exhibit "A-l" and shown on Exhibit "13-1". The easement described in this Section is for the benefit of the City and all persons using the Public Parking Parcels. IIIIIIIIIIIIIIIIIII�IIIIIINIIII IIIIII III��IIIIII IIII e0S e£3us2 seosa State of Cal ifomia ) )ss. County o _ C,419 ' ttn/P�4may�a O O F before me, 4t� Date Name and VIc of Officer personally appeared c:jf/ooz, Name(s)of Signcr(s) who proved to me on the basis of satisfactory evidence to be the person(,9)'whose nameWis/afe subscribed to the within instrument and acknowledged to me that he/s,of y executed the same in his/har, freir authorized capacity(ips�,and that by his/l-ier-ftl 6r signatures(O—on the instrument the person(.);or the cmity upon behalf of which the person( eted, 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 GUNVAPAUL COMMj T 97147 COMM.i11697147 rry �` � •° NOTARY PUBLIC-CALIFORNIA r Clir a COUNTY Or OEN FMxciBco w Signature of Notary Public My COMM EXP.OCT,2,2010 P rY IIIIIIIIIIIIIIIIIIIIIIIIIIII fill 1111111111 Hill lIIIIN ©e a7/9 a�3�6�00R State of California ) )ss. ,,,f County o GG.�1��' 0G 947? before me, L✓w—'Iz'1 — �7 � Date Name and'riTle of OEFIccr personally appeared�G , b, V Namc(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s�`whose name(sj-is/atgsubscribed to the within instrument and acknowledged to me that be/she/tjtvTy executed the same injdVher/th-i5ir authorized capacity(yes),and that by lkiner/their signatures(a}on the instrument the person(e) or the entity upon behalf of which the person(Fj'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 GUNVANT PATEL pp COMM.# 1697147 NOTARY POEUC•CAnFORNIA MW 6 COM or SAN Fp ff ,, My COMM.EXP,On 2,2M Signaturc of Notary Public IIIIII1 II HIM 11111111111111111111111111111111ea/e008 of 1 eea to of is State of California ) )ss. County of Riverside ) On_ (_! U.IV �f ���� before me, Carrie Rovnev, Notary Public Date Name and Title of Officer personally appeared--------------------------------Thomas J. Wilson------------------------------------_ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names)is/arc subscribed to the within instrument and acknowledged to me that he/she iE 7 executed the same in iris/hcrhhcir authorized capacity(",and that by his/herkhcs signatures f 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 CARRIn ROVNEY 1648 _GoMyComm. Commission# 1648583 Notary Public-CaliforniaRiverside Countyature ofN Pu rc Expires Mor26.2010� q' VK �� IIIIII IIIIII II IIIIIII IIIII IIII IIIIII III Illlli III IIII 98 BADB 0of iBB0R 1N THE C17rr OF PALM SPRINGS, CA X SIB{ TH- !.9 INGRESS/EGRESS AND MAJNTENANCE EASEMENT MAY,20D8 BEING A PORTION OF LOT 7, BLOCK 28, OF PALM SPRINGS TOWNSITE AS PER MAP FILED IN BOOK 9, PACE 4.32 OF MAPS, RECORDS OF &W DIEGO COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7. THENCE NORTH 89-5248' EAST ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 7 A DISTANCE OF 145.34 FEET TO -1HE SOUIHEA7T CORNER OF S410 LOT 7; 7HENCir NORTH 0"05:27' WEST ALONG E45TERLY PROPERTY LINE OF SAID LOT 7 A DISTANCE OF 5.50 FEET,' THENCE SOUTH 89"5248' WEST AND PARALLEL TO THE SOUFHERLY PROPERTY LINE OF SAID LOT 7 A DISTANCE OF 149,34 FEET TriFNCE SOUTH 0"05'=.70 EAST ALONG WESTERLY PROPERTY LINE OF S410 LOT 7 A DISTANCE OF 5.50 FEET TO THE SOUTH.eEST CORNER OF LOT 7 AND TO THE POINT OF BEGINNING; SUBJECT 70 ALL EASEMENTS AND RIGtTi^ OF WAY OF RECORD IF ANY. SURVEYOR'S NOTE. " d- 4Q _.. ... SOg THIS DOCUMENT WAS PREPARED BY ME OR UNDER �� Do,-, yFy MY DIRECTION, BASED ON RECORD INFORMATION. v aD ¢O 5 � � EDWARD J. BONADI1rYW, P.L- 7529 EXP. 12-31-09 Jp I r Prepared 6y. pMC Design Group Addrass: 140 N. Mcple Street, Suite 104 M1 Corona, CA 92880 4 Scale: N/A a Assessor's Parcel Number(s): 5i3-f5�018 Dole Exhibit Prepared: 5-14-202 IIIIIII Fill 111111111111111111111111111 0�A 1 0 P 16a�� IN THE CITY OF PALM SPRINGS, CA EXHIBIT B-1 INGRSS/EGRESS AND MAINTENANCE EASFMEf`tr .?`; 'r✓ i RojECI MAY,2.008 3 x"+' • O !GCA770N x� •,d'�Sry' PALM CANYON DRIVE 1 :: N aar (RA.SIS OF MRING) - a E"n { f 3 +«cn POINTOF 5 0"05'17' E R/USr_ BEGINNING ��5.50' J � " �J�� ��� •� ;i VQ,VT i<1AP Mrs " N:5r3^r34-a16 ;• j momG MVE AG- 7" D-P � i w I w I LEGEND y7 tl LlAlflS OF CASEMENT, WW1AL7ELR10R BurrrllNG POMMEFRT(E 2 TM HOUSE T z `< < I� -- �- --- RIGHT OF WAY RES7AURAN RESTAURANT tk m •:�.�'—�._—�_..�4,._�-I` - _ _..._ PROPERTY LINE U,'3 » •�.I i I ---- — --- STREET CENTERLINE OWNER PARIONGAREA — _ _. - _ EX1SPNG DRIVEWAY 5.5' - — - — E45F].045 7.PER 1N5 ji`.� � a EXIST• DRIVEWAY--'r !¶ EABEMENT PER I o?527" W� Y INST. NO. 3G450G 5.50' n, NO'05'27' W N D'O$27" W I SURVEYOR'S NOTE. t THIS DOCUMENT WAS PREPAR_FD BY N 0'05'27' W 0`' .... �^ WF OR UNDER MY DIRECTION, 84SED A� 50.00° ON RECORD INFORMATION. 0 , CITY w�a --.� CITYPRRIGNG i All, I ` �- �•� . STRU07URE I� EDWARD ;. ONADIMAN. ALS- 7528 EXP. 72-31-09 Pmpared by, DMC Design Group Address 740 M Maple street, Suite 104 GRAPHIC SCALE Comm, CA 92880 ri o 1s x m Scale: Y = 300' ' r Assessor's Parcel Numbor(s): 573--154,-018 u Da1e Exhibit Prepared_ .5 4 TZgOg I foctl 30 P- i i I�IIII IIIIIII��111111111111 Ul 1111111 III 111111 III 111108 0 @ 10 of 8N SGOA IN THE CITY OF PALM SPRINGS CA EXHi-BIT A-2 CONSTRUCTION EASEMENT MAY,2008 BEING A PORTION OF LOT 7, BLOCK 28. OF PALM SPRINGS TOWNSME, AS PER MAP FLED IN BOOK 9, PAGE 432 OF MAPS RECORDS OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT TI7E SOUTHWEST CORNER OF SATQ LOT 7; 7`HENCE NORTH 8E'52'48' FAST ALONG THE SOL HERLY PROPERTY L114E OF SAID LOT 7 A DISTANCE OF 95.34 FE_7 TO TIZ SOUTHWEST CORNER Or AN EXISTING DRIVEWAY EASEMENT FILED .TUNE 5, 2002 AS IN5 UMEM, NUMBER 304500 OF OFFICUL RECORDS RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 0'0.5'27" WEST ALONG SAID FASEIAENT'S !4057 WESTERLY BOUNalRY A DISTANCE OF 10.00 FEET; THENCE SOLD 895214$" WEST AND PARALLEL TO THE SOUTHERLY PROPERTY LINE OF SAID LOT 7 A DISTANCE OF 25SS FEET j Tr.ENCE SOUTH 0•05'17' EAT AND PARALLEL TO THE WESTERLY PROPERTY LINE OF SAID LOT 7 A Etll DISTANCE OF 4.50 FEET,• IItENCE SOUTH 89'52'48' WEST AND PARALLEL TO THE SOUTHERLY PROPERTY LINE OF SAID LOT 7 A 0157ANCE OF 70.10 FEET; THENCE SOUTH 0'05*17" EAST ALONG WESTERLY PROPERTY LINE OF &VD LOT 7 A DISTANCE OF 5.50 FEET TO T F{E SOUTHWEST CORNER OF LOT 7 AND TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD IF ANY. SURVEYORS NOTE: SEO t'Yr SUr 6 THIS DOCUMENT WAS PREPARED BY ME OR UNDER Gr4°Z' pY• 3c Fa MY OIREC770M BASED ON RECORD iNFORdA77ON- EDWARD J. BONADIZAN, RLS. 7529 E#? 12-31•-09 4 Prepared by., AMC Design Group Address. 140 N. Maole Stree:, Suitc 704 Ccrana, CA moo ! .Scalz: NIA Assessor's Parcel Nuraber(s): 513-154-018 $ ? Date Exhibit Prepared: 5-1C—�2r03 I{f IIIIII�IIIIIII II Iilll�l 1N�I III IIIII�I III III�I�III IIII es e008 08f01600fl IN THE CITY OF PAW SPRINGS CA EXHIBIT B-2 CONSTRUCTION EFS:I7ENT .y '„ LOCATION MAY.2008 ` r y PALM CANYON DRIVE -�� ` N a•as'ix' w i" ' s � (ends OF GEARING) � 1'" 3 mcv 'Yd I OF S65'T7" EPNNNING S,50, BE FUW 1 8l & �'• ._l yrcrN7TYxuP 15Fe19 LEGEND qUMITS OF EASEMENTmpl.V/•j J !Jf/lll.1/fl rl wEX�TrELRlDR 9UIL07NG ti s7 0'05"17' E; m ' 4„50' I t�' -^- — RIGHT OF WAY PO."A PRITE , 7HAJ HOUSE 2 '� ¢ •�H4 RESSTAUR7 , ' R5-5TAURANT PROPERrY LINE STREET CENIERLINF ���P ,:•... .._.r_ -t-w �.,_.._..._-_1�.� -�-• - �-- O��` a fy4r?•;'' JJ 1 FxIs7M ORNEYd4Y OWNER PARKINGAREn •-•••• - -••-" O�O��ER INST 89•42'48' w Y„. 75.2s 0"05'27' W LM v w Moo' ;not P rv� EXW, DRIVEWAY E4SEMW PER z ° MT. NO, 304500 SURVEYORS NOTE. i {I N 0'05 27' W `y, N o'OS 27' Y! THIS DOCUMENT WAS PREPARED 5Y -......�:t�rC.7- v 50.00' ��J--� 50_Co' _ ME OR UNDER MY DIRECTION. 845E0 ON RE•CORO INFORUA770N. Oki{ ! ii O�yu�0ol ^ C77'YPARK7NG .~ EOWAPo J. 80NA.11MAN. PL.S. 7529 STRICTU,R 1 j �! EXP. 72-31-p9 i 1 Prepared by, DMC Design Croup Addre.s. 140 N_ Made bisect Soft 704 GRAPHIC SCALE { Corona. CA 92880 Scala- N/.A � Assessors Parcel Number(s): 513-754-018 _ Date alubit Praporn'd_ 5-?4-20 I inch= 20 tL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII az 0a�15 of01e LAR.RY W. WARD PO f3oxr751 _ COUNTY OF RIVERSIDE Riverside,CA 92502-0751 o � ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 www rvcrsldCacr Conn CERTIFICATION Pursuant to the provisions of Government Code 27361,7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page number(s) and wording below): �-� t13 [T ... .t3 O jr�1,�: I�f+-�nrP�S R17. � �. FFY�'rt5l�• G Vi1� Vi 71 v �+2 W' laps G• (�Pc+Ytc31.F F-D , Date: Signature: /456A F Print Name: ACR 601 P-ASa RFO(Rcv 09t2005) Available in Alternate Formats IilllII IIIIIIIIIIII IIIIIII IIIIIIIIII IIIIIII IN 08 00t)1008£08600R