HomeMy WebLinkAboutA5567 - MEYERMAN FAMILY TRUST ENCROACHMENT LIC. FOR PRIVATE SEWER DOC # 2008-0046520
01/30/2008 08:00A Fee:NC
Page i of 31
Recorded in Official Records
County of Riverside
Larry W. Ward
FREE RECORDING REQUESTED BY I Assessor,
ssll II III"ty ClerkIIIIII I III II III II laer
lll III
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
P.O. Box 2743 S R U I PAGE I SIZE DA MISC LONG RFD COPY
Palm Springs, California 92263-2743 '
Attn: City Clerk and Public Works and Engineering M A L ass azs POOR NCOR SMF Z/JCf�(7 CC
Filing Fee Exempt Per Government Code 6103 (Far Recorder's Use Only) U
809
ENCROACHMENT LICENSE FOR PRIVATE SEWER
9-6
THIS ENCROACHMENT LICENSE (the "License") is entered into this 10 day of
&etober—, 2007, by and between Harold J. Meyerman & Dorothy C. Meyerman,
Trustees of the Meyerman Family Trust, dated August 2, 1998 ("Licensee") and the CITY
OF PALM SPRINGS, a California charter city ("City").
RECITALS:
A. Licensee is the owner of that certain real property located in the City of Palm
Springs, County of Riverside, State of California, (APN 513-110-043). The encroachment is
more particularly described as 550 Palisades Drive on Exhibit "A" attached hereto and
incorporated herein by reference ("Licensee Property")-
B. City is the owner of certain fee and/or easement interests in that certain real
property located in the City of Palm Springs, County of Riverside, State of California adjacent
to the Applicant Property and more particularly depicted on Exhibit "B" ("City Property")-
C. Licensee desires to construct approximately 250 lineal feet of 6" PVC
sanitary sewer line with cleanouts, elbows and fittings which will encroach on the City
property in the location depicted on Exhibit "C" attached hereto and incorporated herein by
reference (the "Encroachment").
D. City has agreed to grant to Licensee an encroachment permit ("Permit") for the
Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code
on the condition that Licensee executes this License.
1
OCT-18-2007 THU 03: 12 PH CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 03
NOW THEREFORE, the parties hereto agree as follows:
1.0 License. The City hereby grants a License to Licensee to construct the
-- V-ncr �Fthelerms-and-eartditier+s of
Permit and this License.
2.0 Commencement of Construction. Licensee shall commence the
construction of the Encroachment within a reasonable amount of time, in no event to
exceed ninety(90)days following the execution date of this License. Before beginning any
physical work an the Encroachment. Licensee shall notify City that construction of
Encroachment will be commenced, at least twenty-four(24) hours prior to commencement
of such work. Licensee shall also notify the City upon completion of the Encroachment.
3,0 Constructlon of Encroachment. Any structure placed pursuant to this
License shall be constructed in a careful and workmanlike manner and in accordance with
plans and specifications to be submitted to and approved by the City of Palm Springs
Department of Public Works and Engineer and Department of Building and Safety, before
Licensee commences construction of Encroachment within the Encroachment Area, or
commences construction of any work on Licensee Property.
4.0 Maintenance. Licensee shall have the right and obligation to maintain, repair
and replace, at its own cost and expense, the Encroachment so as to keep the
Encroachment Area in a neat, clean, first class condition and in good order and repair, free
of trash and debris at all times. As the Encroachment Area consists of public street rights-
of-way,the Licensee shall ensure that any excavations,trenches, and backfill and repaving
of trenches excavated by Licensee for the Encroachment are maintained as required by
the City, in accordance with applicable City standards or as directed by the City Engineer.
Licensee hereby agrees to perform such additional repairs and/or maintenance work in the
Encroachment Area within fifteen(15)days notice from City. Licensee shall have access
across the City Property at all times while the License is in effect solely forthe purposes as
noted in Section 3. In the event that Licensee does not maintain the Encroachment as
required herein, the City will have the option to either (i) terminate the License as more
particularly provided in Section 7 or, (ii) after giving Licensee reasonable notice, to make
such repairs or perform such maintenance as is required. If City performs the required
repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the
repairs and/or maintenance work performed by City, including administrative fees, and
Licensee shall pay such invoice received within thirty (30) days for such work performed.
Failure to pay any invoice submitted to Licensee by City within thirty(30)days notice from
City shall automatically terminate the License herein granted,
4.1 Relocation of Encroachment within City Right-of-Way. In the event of a
conflict with an underground utility proposed by any public agency or private party whose
proposed utility is approved for installation by City within the Encroachment Area, Licensee
hereby agrees to relocate the Encroachment, at Licensee's sole expense, as necessaryto
Page 2 of e
OCT-18-2007 THU 03. 12 PH CITY OF PALM SPRINGS FAX NO, 760 322 8325 P. 04
remove any such conflict with an underground utility proposed by any public agency or
private party. Licensee shall prepare relocation plans for the Encroachment and submit to
the City Engineer, as well as the affected public agency or private party, for review and
comment within thirty (30) days notice from City of the underground utility conflict.
tieriseehatl rei rsuant to Sectiens2,
3, and 5 of this License, except, however, that relocation of the Encroachment, as
approved by City, shall commence no later than thirty (30) days approval of relocation
plans for the Encroachment by City.
5.0 Installation and Maintenance of Safety Provisions. Licensee shall, in
connection with the construction and maintenance of the Encroachment, provide, install,
and maintain such lights, barriers, warning signs or other safety provisions as are
reasonably necessary to protect anyone utilizing the City Property for whatever reason. In
the event that the City determines that suitable safety provisions are not being provided by
Licensee,the City may, after two (2)days notice from City to Licensee, provide, install and
maintain such safety provisions. If the City provides the safety provisions pursuant to this
Section 5, City shall submit an invoice to Licensee for payment of the safety provisions
installed by City, including administrative fees, and Licensee shall pay such invoice
received within thirty (30) days for such work performed. Failure to pay any invoice
submitted to Licensee by City within thirty (30) days shall automatically terminate the
License herein granted..
6.0 Indemnity. Licensee hereby agrees to indemnify and defend the City, its
officers, agents and employees agalnst and to hold and save each of them harmlessfrom,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the
location, construction, maintenance, relocation or removal of the Encroachment, but
excluding such claims or liabilities arising from the sole negligence orwillful misconduct of
the City, its officers, agents or employees, who are directly responsible to City, and in
connection therewith:
(a) Licensee will defend any action or actions filed in connection with any of said claims or
liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
(b) Licensee will promptly pay any judgment rendered against the City, its officers, agents
or employees for any such claims or liabilities and Licensee agrees to save and hold the
City, its officers, agents and employees harmless there from;
(c) In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Licensee for such damages or other claims arising
out of the location, construction, maintenance, relocation or removal of the Encroachment,
Licensee agrees to pay the City, its officers, agents or employees, any and all costs and
Page 3 or 8
OCT-18-2007 THII 03: 12 PM CITY OF PALM SPRINGS FAX NO. 780 222 8325 P. 05
expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including, but not limited to, legal costs and attorneys fees.
7.0 Covenants Running Wlth the Land. The covenants and restrictions by
kfG9nae8-set-ferth-In-this-LlGense. /- ar-in.
-A- fnrthdirect benefit--ofiho
(h) will constitute covenants running with the land and equitable servitudes; (c) will bind
Licensee and every person having any fee, leasehold or other interest in any portion of the
Licensee Property at any time or from time to time; and (d)will inure to the benefit of the
City and every person having anyfee, leasehold or other interest in the City Property at any
time or from time to time.
8.0 Insurance. Licensee shall procure and maintain, at its sole cost and
expense, and submit concurrently with its execution of this License, in a form and content
satisfactory to City, public liability and property damage insurance against all claims for
injuries against persons or damages to property resulting from Licensee's use of the
Encroachment within the Encroachment Area under this License. Insurance shall be kept
in full force and effect during the term of this License, and shall not be cancelable without
thirty (30) days written notice to City of any proposed cancellation. Certificates of
insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees, agents, and volunteers as additional named insureds by original endorsement
shall be delivered to and approved by City prior to City's approval of this License. The
procuring of such insurance and the delivery of policies, certificates, and endorsements
evidencing the same shall not be construed as a limitation of Licensee's obligation to
indemnify City, its elected officials, officers, agents, employees, and volunteers.
8.1 Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
Million Dollars ($1,000,000) combined single limit coverage per occurrence.
For any claims related to this License, Licensee's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its
respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Licensee's insurance and shall not contribute with it.
8.2 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California, Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating of
B++, Class Vlll, or better, unless otherwise acceptable to the City.
8.3 Verification of Coverage. Licensee shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of
Page 4 of 8
OCT-18-2007 THII 03:13 PM CITY OF PALM SPRINGS FAX NO, 760 322 8325 P. 06
the coverages required by this License. The certificates and endorsements are to he
signed by a person authorized by that insurer to bind coverage on its behalf, All proof of
insurance is to be received and approved by the City before approval of this License, City
reserves the right to require Licensee's insurers to provide complete, certified copies of all
Verification of Insurance Coverage may be provided by: (1) an approved General
Endorsement Farm for the City of Palm Springs or(2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
1, "The City of Palm Springs, its officials, employees and agents are named as
an additional insured" ("as respects Encroachment License No. 07-03" may be
included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have"("as respects Encroachment License No. 07-03" may
be included in this statement).
3, "Should any of the above described policies be cancelled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named."Language such as, "endeavorto"mail and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representative"is not acceptable and must be crossed out.
See example below.
In addition to the endorsements listed above, the City of Palm Springs shall be
named the certificate holder on the policy_
All certificates and endorsements are to be received and approved by the City
before this License is approved.
Cancellation Example-
SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE
ISSUING INSURER WILL T RAVQP TG MAIL 30 DAYS*
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
HEREIN 11� IItgF &E
-I4131L W HE
d F-, PP94 9NT-S$FZ-R�nb�ecn :
*The broker/agent can include a qualifier stating "10 days notice
for nonpayment of premium."
Page 5 of 8
OCT-18-2007 THU 03: 13 PM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 07
8A Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either
the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
, kisensee-shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
8.5 Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with
respect to the limits of the insurer's liability.
0.6 Insurance Increase. Not more frequently than one (1)time every three (3)
years, If, in the opinion of the City, the amount of public liability and property damage
insurance coverage at that time is not adequate, the City may require modifications to the
required insurance coverage in this Section 8. City shall notify Licensee, and Licensee
hereby agrees to provide City with certificates and endorsements evidencing City's
required increased insurance coverage amounts within thirty(30) notice from City. Failure
of Licensee to provide City with certificates and endorsements evidencing City's required
increased insurance coverage amounts within thirty(30)days shall automatically terminate
the License herein granted,
9.0 Termination, The License is terminable with orwithout cause by City at any
time. Licensee shall remove the Encroachment and restore the Encroachment Area on the
City Property to its former condition, at Licensee's sole cost and expense, within thirty(30)
days notice from City, In the event Licensee fails to remove the Encroachment and restore
the Encroachment Area on the City Property within thirty (30) days notice from City, City
shall have the right to do so without notice to Licensee. Licensee shall immediately
reimburse the City for all expenses incurred by City in the removal of the Encroachment
and restoration of the Encroachment Area an the City Property. Said amounts shall accrue
interest from the date the expenses were incurred by City at the maximum non-usurious
interest rate permitted by law.
10.0 Notices. Any notice, demand, reouest, document, consent, approval, or
communication either party desires or is required to be given under the provisions of this
License shall be in writing and either served personally or sent prepaid, first-class mail to
the following address:
To City: City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
Attn: Public Works and Engineering Department
Page 6 of 8
OCT-18-2007 THU 03: 13 PM CITY OF PALM SPRINGS FAX NO, 760 322 8325 P. 08
With Copy to: City Attorney, City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
Attn: r,auw-la bland
111411. VVMyI �
Licensee: Harold J. Meyermam & Dorothy C. Meyerman
550 Palisades Drive
Palm Springs, CA 92262
Either party may change its address from time to time by notifying the other party of the
change of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two (72) hours from the time of mailing if mailed pursuant to this
Section 10.
11.0 Attorneys Fees. In any action between the parties hereto seeking
enforcement of this License, or in connection with the License or the Permit,the prevailing
party in such action shall be entitled to have and to recover from the other parry its
reasonable attorneys'fees and other reasonable expenses in connection with such action
or proceeding in addition to its recoverable court costs.
12.0 Successors and Assigns. All rights and obligations created by this License
shall be appurtenant to and shall run with the License Property and the City Property and
each part thereof and interest thereon, and shall be binding upon the owners of the
Licensee Property and its respective successors and assigns acquiring any right, title and
interest in the Licensee Property,
13.0 Amendment or Modification. This License may not be modified or
amended except by written agreement executed by the then-owner of the Licensee
Property and the City Property and recorded in the Office of the County Recorder, County
of Riverside, California.
14.0 Governing Law. This License shall be governed by and construed in
accordance with the laws of the State of California.
15.0 Severability. The invalidity or unenforceability of any provision of this
License with respect to a particular party or set of circumstances shall not in any way affect
the validity and enforceability of any other provision hereof or the same provision when
applied to another party or to a different set of circumstances.
16„0 Recordation. This License shall be recorded in the Office of the County
Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding
to the interest of Licensee or the city that their use of the Licensee Property and the City
Property shall be benefited and/or restricted in the manner herein described_
Page 7 of B
OCT-lA-2007 THII 03: 13 PM CITY OF PALM SPRINGS FAX NO. 780 322 832S P. 09
17.0 Counterparts, This License may be executed in any number of counter
parts each of which shall constitute an original.
IN WITNESS WHEREOF,the ,ai/e-executed-this-Ag#e of tho data first cot
forth above-
Harold J. Meyerman & Dorothy C.
Meyerman, Trustees of the Meyerman
Family Trust, dated August 2, 1998
y.
Harold J. Meyerman
BY: a is%r r 1Ll(
Dorothy C. Meyerman f
E
(Licensee shall have signature notarized)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
City Clerk City Manag
APPROVED AS TO FORM:
G
City Attorney APPROVED BY CITY COUNCIL
\a•�/l•off P.V;9b1
APPROVED BY CITY COUNCIL:
Date:
Agreement No.:
Page 8 of 8
007-18-2007 THII 03: 13 PM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 10
n/ / ALL-PURPOSE ACKNOWLEDGMENT
State of N&0-/ Y 0 CAPACITY CLAIMED BY
f / SIGNER
County of (/�CW J' 0z'4'g'
_GMLeferse` �� p INDIVIDUAL(S)
Date �7 T Printed Na
me/- � lAE � L7"ORPORATE
personally appeared a,kjLD i A�Kx � %�Y Y 9
NAME(S OF SIG ER(S) OFFICER(S)
TITLE(S)
[I personally known to me ❑PARTNER(S)
OR- ❑ATTORNEY-IN-FACT
p'proved to me on the basis of satisfactory evidence to be the CITRUSTEF(S)
person s) hose nameo is re ubscrihed to th 'fthin
instrum nt and acknowledged to me that shetLeyfixecuted the ❑ SUBSCRIBING WITNESS
same in hislherAfiai uthodzed capaci 'es and that_
hislhedtheir signs ur (s n the instrument the perso s) r the ❑ GUARDIAN/CONSERVATOR
entity upon behalf of which the pers sO acted, exec ed the ❑OTHER
instrument.
Witness y IPAand official seal.
Signature,yif Nola
SIGNER IS REPRESENTING:
C
JQS ZDOMIINCUF1
Notary Public State of New York
No.01b05020412
Qualified in New York Gout,
Commission Expires May 14. /G7
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE. Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
OCT-18-2007 THU 03: 13 PN CITY OF PALM SPRINGS FAX N0, 760 322 8325 P, 11
EXHIBIT "A"
LOT B OF LOT LINE ADJUSTMENT 06-05 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
CALIFORNIA, FOUND IN DOCUMENT 2007-0327927, RECORDED MAY 17, 2007, OFFICIAL RECORDS
RIVERSIDE COUNTY, CALIFORNIA.
OCT-18-2007 TE 03: 13 PM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 12
EXHIBIT "B"
THE SOUTHERLY 16 FEET AND SOUTHERLY 33 FEET OF TAHQUITZ CANYON WAY
(SHOWN AS SPRING STREET) IN BOOK 9 OF MAPS, PAGE 432, RECORDS OF SAN DIEGO
COUNTY CALIFORNIA.
EXHIBIT "C"
LEGAL DESCRIPTION
PRIVATE SEWER EASEMENT:
--i-N 7H-E-CIT-`-0I"pALM SPRINGS-,-CCUNTY-01! VE tBE�T7�T -OF
CALIFORNIA, THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.,
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT "F" OF TRACT
MAP NO. 29077, AS SHOWN BY MAP ON FILE IN BOOK 342, AT PAGES 65
THROUGH 72, INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS,
SAID POINT BEING DISTANT NORTH 89051'43" EAST 9.16 FEET FROM
THE NORTHWEST CORNER OF SAID LOT "F", SAID POINT ALSO BEING
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY
AS SHOWN ON SAID MAP;
THENCE NORTH 00°10'01" WESTA DISTANCE OF 0.96 FEET;
THENCE NORTH 45010'01" WEST A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89049'41" WEST DISTANCE OF 53.77 FEET,
THENCE NORTH 00010'01" WEST A DISTANCE OF 11.18 FEET;
THENCE SOUTH 89039'53" WEST A DISTANCE OF 62.82 FEET;
THENCE SOUTH 89058'27" WEST A DISTANCE OF 51.17 FEET;
THENCE SOUTH 82631'28" WEST A DISTANCE OF 43.84 FEET;
THENCE SOUTH 54008'57" WEST A DISTANCE OF 17.24 FEET TO A POINT
ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY
AND THE POINT OF TERMINATION OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED
TO TERMINATE AT SAID SOUTHERLY RIGHT-OF-WAY LINE.
EXCEPTING THEREFROM ANY PORTION OF SAID STRIP LYING
SOUTHERLY OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ
CANYON WAY.
Page 1 of 2
CXtAia' ' - uC. 11
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 2,396 SQUARE FEET
OR n a CR-E—S nqQP,E—OR-LESS. -- -- ---
\O�L�1 �d'
p
NO
L.G Exp, 9/30/3�/08 7z
9
QF CALIF
Page 2 of 2
EXHIBIT " (+'
PRIVATE SEWER EASEMENT
LINE DATA
N0. BEARING LENGTH
L1 N 89'51'43" E 9.16'
L2 N 00'10'01" W 0.96'
13 N 45"10'01" W
L4 S 89"49'41" W 53.77'
L5 N 00"10'01" W 11,18'
L6 S 8939'53" W 62.82'
L7 S 89'58'27" W 51.17'
LS S $2"31'28" W 43.84'
L9 IS 54708'57" W 17.24'
TAHQUITZ CANYON WAY
I
PRIVATE SEWER L2
POINT OF S'LY R/W LINE ESMT., 0,056 AC. L1 P.O.B.
TERMINUS TAHQUITZ CYN. WAY
NW CDR.
N LOT "F
sO
Q
gnQNP`-LA/Vj) Q L04 wFw
pNY D. �Q
o
J*Q- Exp. '09/30/08
0-14,
0 0A4 MSA CONSULTING, INC.
1 " = 40' MAINmRO, ShHTH & AssocATEs,n INC G
PLANNING ■ Cr FNom aura . Lu SmcMI
ID
34200 HOB Hors Darva■R u<Ho Nf GAGE •CA 9=0
ZELBrxoNB (760) 320-9811 • FAx (760) 323-7893 r
7 SHEET 1 OF 1
06%22/2006 08 BBR Fee 55 00
RECORDING REQUESTED BY Page I of n
Racordcd in Offaclel Racerds
Harold Meyerman County of Ri` crSld,
Larry W Ward
AssesGor, County Clerk 8 Rccardcr
ANO WHEN RECORDED MAIL TO: fl !� I` I I I III Dill IT III
Harold Meyerman
550 Ta isa es Drive
PaIE.q ngs, CA 92262 1 r
A k 1, COPY LONG REFUND NCHG CWM ({�\�
1/
GRANT OF EASEMENT Sp
PRIMARY GRANTOR: Palm Springs Modern Homes V, LLC, a California Limited Liability Co;
(Burdened property) Assessor's Parcel No. 513-120-060 and 513-120-099 and a portion of 513-120-094,
PRIMARY GRANTEE: Harold J. Meyerman and Dorothy C. Meyerman, as Trustees of the Meyerman
Family Trust udt 8/2/89
(Benefited property) APN 513-110-042 and 043; aka 550 Palisades Drive, Palm Springs, CA 92262
SECONDARY GRANTOR: Harold 7. Meyerman and Dorothy C. Meyerman, as Trustees of the
Meyerman Family Trust udt 8/2/89
(Burdened property) APN 513-110-042 and 043; aka 550 Palisades Drive, Palm Springs, CA 92262
SECONDARY GRANTEES: Paul E. Schell, Pamela Schell and Patricia P. Fearey
(Benefited property) APN 513A 10-005; aka 530 W. Tanduitz Canyon Way, Palm Springs, CA 92262;
AND Michael P. Russell
(Benefited property) APN 513-110-044; aka 660 Palisades Dr., Palm Springs, CA 92262;
AND The Palm Springs Desert Museum:
(Benefited property) APN 513-110-020, aka 686 Palisades Dr., Palm Springs, CA 92262
doe),M)c•u15 MCI;cl'IYn r -
6:\errxc\lo-ul:el flogs\tcmporuy mernel CJes'oIk1521�ovu:h er ea:rx+r:+11 dnc
III��� IIIIII II IIIIII IIIIII IIIIII IIIII III IIIII IIII IIII " `;'" {
GRANT OIL EASEMENT
THIS GRANT OF EASEMENT CREATES A PRIMARY GRANT from the PRIMARY
URRANT to the I�IMA�I ZiI I�aNTLI and a SECONDARY GRAN]" r�ihc P121"lo1IrY
GRANTEE as SECONDARY GRANTOR to SECONDARY GRANTEES all as identified more
specifically below.
PRIMARY GRANTOR: Palm Springs Modem Homes V, LLC, a California Limited
Liability Company as owner of that property specifically described below and as referenced by
Assessor's Parcel No. 513-120-060 and 513-120-099 and a portion of 513-120-094.
PRIMARY GRANTEE: Harold J. Meyerman and Dorothy C_ Meyerman, as Trustees of
the Meyerman Family Trust udt 8/2/89 as owners of the property commonly known as 550
Palisades Drive, Palm Springs, CA also referenced by Assessor's Parcel No. 513-110-042 and
043.
PRIMARY GRANTOR hereby GRANTS to PRIMARY GRANTEE Meyennan as
owner of the Benefited Property, and for the benefit of Meyerman's heirs, successors and assigns
as future owners of the Benefited Property, a non-exclusive casement for the installation and
maintenance of an eight inch sewer line on, over and across that portion of Primary Grantor's
Property as shown on Exhibit "A" attached hereto, which easement shall run along a line parallel
to and three feet easterly of the westerly property line of Grantors' Property, and a non-exclusive
easement for the use of the private sewer line running through Lots A, B and D of Tract Map No_
29077 (the "Villas sewer line"), which sewer line connects the southern terminus of the Palm
Springs Modem Homes sewer line with the public sewer line located in Tahquitz Canyon Way.
SECONDARY GRANTOR: IIarold J. Meyerman and Dorothy C. Meyerman, as Trustees
of the Meyerman Family Trust udt 8/2/89 as owners of that property referenced by Assessor's
Parcel No. 513-1 10-042 and 043
SECONDARY GRANTEES: Paul E. Schell, Pamela Schell and Patricia P. Fearey as
owners of that property referenced as Assessor's Parcel No. 513-110-005;
AND
Michael P_ Russell as owner of that property referenced by Assessor's Parcel No.
Assessor's Parcel No. 513-110-044
AND
The Palm Springs Desert Museum as owner of that property Assessor's Parcel No. 513-
110-020_
This GRANT OF EASEMENT is CONDITIONAL and is made with reference to the
following facts and subject to all the terms and conditions specifrcd below_
c\docamenw and scmngs\c a\lotsl Wettings\temporary mtemet files\o1r152\grunt eusemen1.0405062doc I
GRANT OF EASEMENT
jr.DI 17
` lM
RECITALS
A. Palm Springs Modern Homes V, LLC, a California Limited Liability Co.
(hereafter "PSMH" or "Primary Grantor" according to context) is the owner of the real property
legally described as Lot 3 and Lots A, B, D and F of Tract Map No. 29077, as shown by Map on
file in Book 342 of Maps, at Pages 65 through 72 thereof Rccords of Riverside Couaily,. ate of
California(tbe "Grantor's Property").
B. Harold J. Meyerman and Dorothy C. Meyerman, as Trustees of the Meyerman
Family Trust udt 8/2/89 ("Meyerman" or "Secondary Grantor" according to context) own the real
property at 550 Palisades Dr., Palm Springs, CA also referenced as Assessor's Parcel No. 513-
1 10-042 and 043.
C_ Paul E. Schell, Pamela Schell and Patricia P. Fearey ("Schell/Fearey" or
"Grantee" according to context) own the real property commonly known as 530 W. Tahquitz
Canyon Way, Palm Springs, CA and also referenced as Assessor's Parcel No. 513-110-005.
D. Michael P. Russell ("Russell" or "Grantee" according to context) owns the real
property at 660 Palisades Dr., Palm Springs, CA also referenced by Assessor's Parcel No. 513-
110-044.
E. The Palm Springs Desert Museum ("Museum" or "Grantee" according to context).
Museum owns the real property at 686 Palisades Dr., Palm Springs, CA also referenced by
Assessor's Parcel No. 513-110-020.
P_ The Meyerman, Russell and the Museum properties are located on a private road.
The Schell/Pearey property is on a public road. Each property is currently serviced by a septic
system. There is no public sewer connection available to such properties-
G. On or about 1983, the City of Palm Springs proposed sewer construction plans for
properties that access Palisades Drive so as to allow the then owners of the properties an election
to construct a sewer line conditional upon the cost thereof being borne by the then owners. The
then owners declined to participate at that time.
H. The City of Palm Springs desires all property owners with access to Palisades
Drive (a private road) and W. Tahquitz Canyon Way (a public road) convert from septic to sewer
system at some time in the future.
I. Meyerman has expended substantial time, effort and investment in determining
the feasibility of constructing a private sewer system from his property to access the public sewer
system.
L PSMH is in the process of developing its property which development includes
installation of a sewer system. PSMH and Meyerman reached an agreement whereby Meyerman
has paid PSMH the costs of the installation of an 8 inch sewer line on, over and across a portion
of Primary Grantor's property (the "PSMH sewer line"). The total direct and indirect cost to
Meyerman for installation of the PSMH sewer line was $33,000. Meyerman has also assumed
c\doc meets and sctnn(,.\ermu\local sc=t s\tmiparary intcnict Cd¢a\alkl52\graaLcacnncnLU405062.doc 2
GRANT OF EASEMENT
III II I���I II II IIIII III I III II III 4
all costs of maintenance and repair of the 11SM11 sewer line. Primary Grantor in exchange for
Meyerman's payment of all such costs associated with the PSMIi Sewer line and assumption o1'
the obligation to repair agreed to grant an easement to Meyerman for the installation, use and
maintenance of the PSMII sewer line on, over and across a portion of Primary Grantor's
property.
K...----Meyerman Is In the process of obtaining city apprJUT,1l 'truatattd-intcrrds-to —
construct an extension from the PSMH sewer line (the "Meyerman extension")- The Meyerman
extension will be a six inch sewer line extension from the termination of PSMH sewer line and at
some point reduce to a two inch line. The extension will cross the public road and continue on
the private road up to and into the Meyerman property. The Meyerman extension will include
clean outs at various intervals some ohwhich will allow connection by the Grantees to the
Meyerman extension which connection will also allow use by the Grantees of the PSMH sewer
line.
L- Upon issuance of the above permit, Meyerman shall pay PSMH as compensation
for the easement, the sum of$25,000.00. This amount in addition to the $33,000 referenced in
Recital¶7 above paid by Meyerman for installation of the PSMH sewer line.
M. Primary and Secondary Grantors believe the development and installation of the
sewer system provides a benefit to Grantees in the event of a failure of any Grantee's existing
septic system or a city requirement that a Grantee hook up to a sewer line- Grantors believe this
grant of an easement to connect to the public sewer by use of the Meyerman extension and the
PSMH sewer line will enhance the value of the property of each Grantee and benefit the city of
Palm Springs.
N. Primary and Secondary Grantors are each willing to grant an election to the above
named Grantees to use the easement granted by PSMH to Meyerman. The election includes the
right by the electing Grantee to hook up to the Meyerman extension. The grant by Primary
Grantor of the election is conditional upon each electing Grantee agreeing to pay Primary
Grantor for the easement and to reimburse Secondary Grantor for the construction cost of the
PSMH sewer line. The grant by Secondary Grantor of the election is conditional upon each
electing Grantee reimbursing Meyerman for a portion of the cost of installation of the Meyerman
extension- The cost to each Electing Grantee shall be proportional to the extent that a Grantee
elects to use and will use the Meyerman extension. Each grant, whether by Primary or
Secondary Grantor, is further conditional upon each electing Grantee assuming a proportionate
share of maintenance and repair of the PSMH sewer line and the Meyerman extension.
NOW, THEREFORE, for good and valuable consideration, GRANTORS agree as
follows:
I. Adoption of Recitals. GRANTORS hereby refer to, adopt and incorporate herein
as though set forth in full the Recitals as set forth above-
2. Grant of Easement (the easement GRANTED on page 1 of this GRANT is
repeated here so as to be in context). Primary Grantor hereby grants to Secondary Grantor for
the benefit of Secondary Grantor as owner of the Benefited Property, and for the benefit of
e:\documents and nttmngs\emie\local setung.\mc pantry interact riles\olld52\gmntmsement 04050G2.doe 3
GRANT OF EASEMENT
irri� IIIIIIII I III IIIII III III II II � -='�aFJ45 '. �.,F
Secondary Grantor's heirs, successors and assigns as future owners of the Benefited Property,a
non-exclusive easement for the installation and maintenance of an eight inch sewer line on, over
and across that portion of'Primary Grantor's Property as shown on Exhibit"A" attached hereto,
which easement shall run along a line parallel to and three feet easterly of the westerly property
line of Grantors' Properly, and a non-exclusive easement I-or the use of the private sewer line
running through Lots A, B and D of Tract Map No. 29077 (the "Villas sewer line"), which sewer
line connects the southern terminus of the PSMH sewer line with the pubh'c sewer line located in
Tahquitz Canyon Way,
3. Maintenance and Repair. Secondary Grantor shall have the right and the
obligation to maintain the PSMH sewer line during all times that it is in use. In the event it
becomes necessary to make repairs to said line or to replace said line, Secondary Grantor shall
give reasonable notice to Primary Grantor and/or Primary Grantor's successors or assigns to
enter onto Primary Grantor's Property to make such repairs or perform such replacement. I❑
such event Secondary Grantor shall restore Primary Grantor's property to the condition in which
It existed prior to the work being commenced_ All such work shall be at Secondary Grantor's
sole cost and expense. Neither Secondary Grantor nor any Secondary Grantee shall have any
repair and/or maintenance obligations with respect to the Villas sewer line. Repair and
Maintenance of the Villas sewer lute shall be the responsibility of Primary Grantor and its
successor's and assigns (intended to be a Home Owner's Association). In the event the Villa
sewer line requires repair and maintenance and such repair and maintenance has not been
performed, Secondary Grantee and/or successors or assigns may give a three day written notice
to Primary Grantor to repair and/or maintain. Upon failure of Primary Grantor to commence
within the three day period and reasonably complete the repair and/or maintenance specified, the
noticing Secondary Grantee may enter and perform such repair and maintenance at Primary
Grantor's expense. As used in this paragraph "Primary Grantor" includes successors and assigns_
4. Grant of Election to Connect in the Future, The Primary and Secondary Grantors
hereby grant an election to each Grantee to connect to the sewer system and use the easement
granted by Primary Grantee to Secondary Grantee. This election and the terms and conditions of
this election are limited to access to and use of the PSMII sewer line on Primary Grantor's
property and use of that easement and is identified as the "First Election". Upon exercise of the
First Election, each Grantor shall also exercise a "Second Election" as detailed below in 16 and
¶7.
5_ Terms and conditions of First Election. The terms and conditions of the First
Election are as follows:
5.1 The City of Palm Springs may, at its discretion, require a grantee to
exercise the election if the City deems such election reasonably necessary
for public health or safety.
5.2 Each electing Grantee shall give written notice to Primary Grantor,
Secondary Grantor and the City of Palm Springs of intent to use the
easement and hook up to the sewer system.
c:\document:and setdngs\envc\meal serpngs\temporuy intemet riles\o1ki52\,Grant msemenc0405062.doc 4
GRANT OF EASEMENT
5.3 The election is aul?jcct to the City of Palm Sprints approving all
construction and hook up plans by cash electing (iriiniCC.
5.4 Assumption of Maintenance Obligation. lly exercise of the election, each
Electing Grantee shall assume, as a condition ol'this casement, a pro-rata
share of Secondary Grantor's obligation of Maintenance and Repair as
defined in¶3a— n --- - - - - -
5-5 The electing Grantee shall pay the following sums as compensation for the
casement and as reimbursement liar the initial cost of installation of the
PSMH sewer line.
5.6 Each electing Grantee shall pay Primary Grantor as compensation for the
easement, the sum of$25,000.00 and Secondary Grantor, as
reimbursement for construction of the PSMH sewer line The
reimbursement payment of$33,000.00 shall be prorated amongst the
Secondary Grantees in the same mam-ler detailed in¶7.6 below as
reimbursement for the cost of construction of the Meyerman extension.
5-6.1 Allocation of Payment to Primary Grantor. Unless Primacy
Grantor specifically reserves in any subsequent Grant Deed the
right to collect payment for the easement election contemplated
herein, each payment as referenced above shall be allocated 25%
to the then record title holder of Lots A, B, D and F of Primary
Grantor's property and 75% to the then record title owner of Lot 3
of Primary Grantor's property-
5.6.2 Payment to Secondary Grantor. Unless Secondary Grantor
specifically reserves in any subsequent grant deed the right to
collect payment for the easement election and reimbursement of
sewer expenses contemplated herein, the payment shall be made to
the record titleholder of Secondary Grantor's property as of the
date of the election. This provision for payment and reservation of
payment shall also apply to the Second Election as defined below.
6. Grant of Election to Connect to the Meyerman Extension- Secondary Grantor
hereby grants an election (the "Second Election") to each Grantee to connect to the
Mcyerman extension which will be installed by Secondary Grantor so as to allow access to
and use of the PSMFI sewer line and the Villas sewer line and the easement granted by
Primary Grantee to Secondary Grantee- The teens and conditions of the second election are
defined in JJ7 below and apply to all Grantees except that 17,1, ¶72 and 17.5 do not apply to
the Schell/Fearey Grantee.
7- Grant of Easement by Secondary Grantor. The Second Election by Schell/Fearey
as Grantee does not require use of any portion of the Meyerman property as the
Schell/Fearey property can hook up to the Meyerman extension from the public road without
use of any portion of the Meyerman property. The Second Election by Museum and Russell
ce\doaiments and settings\cane\local scrnnga\rc-mponry mtemet 6Jes\o1k152\grant ensement.OM15062.doc 5
GRANT OF EASEMENT
ll����dlllll11 llllll llllll llllll lllll 111 lllll Iff llll
may require an easement to and across Meyerman's property. Tlrerrfore, upon notice of
election to exercise the easement ht,Museum and/or Russell, Meyerman as Secondary
Grantor GRANTS an easement to each such electing Grantce to and across the Meyerman
property as necessary to effectuate the connection to the Meyerman extension. The Second
Election and the easement grant is conditional upon each Grantee's exercise of the First
Election and full compliance by the electing Grantee with all the terms of 115 above and
urt xer con lhoned as follows:
7.1 Location of easement- The location of Lhc access to and across the
Meyerman property shall be as minimal as possible but sufficient to allow
the necessary hook up to and maintenance of the sewer line to the extent
necessary to allow the electing Grantee to hook up to the sewer line. The
width of the easement shall be two feet wide.
7.2 Document Cost. The cost of preparation of survey, if necessary, and any
documents necessary or convenient to identify the easement grant by
Secondary Grantor and the cost of recording shall be borne by each
electing Grantee. All the documents shall be subject to reasonable
approval of Meyerman. Such approval not to be unreasonably withheld,
conditioned or delayed.
7.3 Compliance with City Requirement. Depending upon the time of the
election and the location of the hookup by any Grantee, the city may
require a Grantee to install a macerator and/or equivalent equipment on
Grantee's property to allow multi-party use of the Meyerman extension.
Each Grantee shall comply with all applicable city requirements_
7A Maintenance and Repair. The electing Grantee, as an express condition of
grant of this easement, shal l have the right and the obligation to maintain
the Meyerman extension during all times that it is in use. In the event,it
becomes necessary to make repairs to said line or to replace said line,
electing Grantee(s) shall give reasonable notice to Secondary Grantor to
enter onto Secondary Grantor's Property to make such repairs or perform
such replacement. In such event Secondary Grantee(s) shall restore
Secondary Grantor's property to the condition in which it existed prior to
the work being cormnenced. This Conditional Grant of Easement intends
the cost of all routine maintenance and repair work (other than restoration
of Secondary Grantor's property, which shall be borne solely by Grantees)
shall be allocated by location of the work and prorated amongst Secondary
Grantor and Grantee(s) of the Meyerman extension in proportion to their
use of the extension. If the repair required is due to the acts or negligence
of any one or more Grantee, the repair shall be paid by such Grantee(s).
7.5 Compensation for easement. Each Grantee electing the easement in¶7
shall pay to Meyennan as compensation for grant of the easement the
amount of$30.00 per lineal foot for each foot of Meyerman properly
reasonably necessary for the easement_
e\doeommts and setdn&x\roue\local eemngs\mnipur;.ry intemet Files\olkl52\gvmit.easanenL.0405062.doe 6
GRANT OF EASEMENT
III��I�>,lllllllllllllIIIIIIlllE111lllIIT11111111 "'
7.6 Reim burscm_ cnt for constructor cost. Each (ircintcr shall (;omPcnsate
Meyerman lily all costs incurred in fhc installation of the 11S11M sewer line
and the Mevurman extension. I he costs will include but are not limited k)
engineering, legal, consulting fees, construction costs and any other
necessary fees and hermit costs. The installation, points of potential hook
up to the extension and the method ofcomputing compensation are
described below.
7.6.1 Attached as Cxhibit B is the MSA Consulting Inc. plan dated
5/16/2005 which depicts the PSMI I sewer line and the proposed
Meyerman extension. The PSMH sewer line extends along various
linear lengths starting with L 1 and ends at the junction of linear
lengths L4 to 1.,5_ The PSMH sewer line is about 136.77 feet. The
Meyerman extension will start at the junction of L4 and L5 and
continue through and past linear length L22 into the Meyerman
residence. The Meyerman extension is about 54026 feet from its
starting point to the end of linear length 20.
7.6.2 This GRANT intends that any electing Grantee shall pay such
electing Grantee's proportional cost of the construction of the
Meyerman extension as necessary for that Grantee's use. The
construction cost shall be determined by the necessary and
reasonable costs expended by Meyerman for construction of the
Meyerman extension from the termination of the PSMH sewer
line. As each Grantee has an election and it cannot at the time of
this GRANT be determined which Grantee will elect first, if at all,
and whether all such Grantees shall elect and, if so, when the
election shall be made, the method and payment of compensation
shall be as described in the¶7.6.3 and ¶ 7.6.4.
7.6.3 The first electing grantee shall pay one-half of Meyemran's cost for
the entire portion of the sewer line that will be used by the electing
Grantee. Thus, by way of example, if Schell/Fearey elects first,
Schell/Fearey shall pay for one-half of the cost of the Meyerman
extension from the termination of the PSMH sewer line to the
clean out or junction at which Schell/Fearey comtects. As
Schell/Fearey will not be using the Meyerman extension from that
point on, Schell/Fearey shall have no obligation to reimburse
Meyerman for the cost of the Meyerman extension beyond the
Schell/Fearey to Meyenran junction. In the event Russell elects
next, Russell shall pay for one-third of the cost of the Meyerman
extension from the termination of the PSMH sewer line to the
clean out or junction at which Schell/Fearey connects and one half
of the cost from the Schell/Fearey connection to the point at which
Russell intends to join to the extension. The Russell payment of
one-third of the cost to the Schell/Fearey connection shall be split
equally with one half of the split payment to Meyerman and one-
c\doe MM0 and settings\emie\local settings\temporuy mremet fdes\o1k152\pxmt.cuement 0405062doe 7
GRANT OF EASEMENT
III IIII II I I I IIII II �� III I�� iq �IIII~4,`Ii'i j t.m
half to Schell/Fcarey. 11 Rus�cll elects first, then Russell shall pay
lilr uric-hall-of the cost of-the Meyerman extension from the
termination of the I'SMI I sewer line to the clean out or junction at
which Russell connects. I1'Schell/Fearcy then elects,
Schell/Fcarey shall pay Ibr one-third of the cost of the Meyerman
extension from the termination of the PSMI-I sewer line to the
clean Out or junction at which Schell�l'carcy connects. ie
Schell/Fcarey payment of one-third of that cost shall be split
equally with one half of the split payment to Meyerman and one-
half to Russell. In the event the Museum elects, the above
compensation method shall be adjusted so as to reimburse
according to any prior or subsequent election.
7.6-4 Within 90 days of completion of the Meyerman extension
Meyerman shall record a certification of sewer costs_ The
certification shall include a proof of service by certified mail,
return receipt requested, upon all Grantees. The certification shall
be certified as accurate and for all the actual cost of the Meyerman
extension including preparation of this Agreement and any related
documentation_ The full cost shall be allocated, to the extent
reasonably possible, from the termination of the PSMH sewer line
to the clean out or junction at which Schell/Fcarey is intended to
join, to the point at which Russell may join and from the point
beyond which no grantee may join. The certification of the
Meyerman extension costs incurred shall be deemed conclusive as
to the amount of the costs incurred from and after six months from
the recording date of the certification. Any affected Grantee may
require proof of the Meyerman extension costs within such six
month period- In the event of any dispute as to the necessity or
reasonableness of such costs, the parties shall use mediation prior
to resorting to arbitration or legal action. Any party that initiates
arbitration or legal action without prior use of mediation shall not
be entitled to fees, even if such party is later determined to be the
prevailing party. If arbitration cannot be agreed upon, any
disputing Grantee may file an action in the appropriate court to
resolve the dispute.
7-7 Adjustment to Construction Cost. The Meyerman cost of the PSMII sewer
line stated in Recital If ] and the actual cost of construction of the
Meyerman extension as defined in §7.6.4 does not include the incremental
Development Cost to Meyerinan associated with the time and effort of
initial conceptual development and integration, supervision of all elements
up to and through completion and the excess cost of construction incurred
by Meyerman for the benefit of Secondary Grantees to allow connection
and use by the Secondary Grantees to the PSMH sewer line and the
Meyerman extension. A reasonable estimate of the incremental
Developmental Cost is twenty-live (25%) percent of the total of the
c.\documents Ind settings\cmic\1ncyl:•ertmg.\crnipneary.ntcme[fdc8\cAk152\gt=ir.asnncnt 0405062_do g
GRANT OF 1 ASLMLNT
$33,000 paid relating to the PSI IM sewer line and the actual construction
costs incurred and paid for the Meyerman extension as defined in 117.6.4.
In the event any grantee elects on or after December 31, 2007, then each
electing Grantee shall pay the compensation set forth in 117.5, if applicable,
and 7.6 plus 10% simple interest per annum on twenty-live (25%) percent
of the total constnlction costs (PS1 IM sewer line and Meyerman
extension), which 25% represents the incremental I)eJclopntenta ,os .
8. Conditional exemption to the Museum for access to sewer line. GRANTORS
agree that the Museum may be exempt from the necessity of using the sewer line herein on
the following conditions.
8.1 Approval of the City Engineer of the City of Palm Springs, and;
8.2 Conditioned upon an agreement by the Museum that the Museum property
shall remain on a private septic tank in perpetuity-
9- Conditional Exemption to the Museum for construction costs. The Museum is
Currently a non-profit corporation. The property owned by the Museum as affected by this
GRANT is owned subject to restrictions against transfer of ownership by the Museum. The
current use of the Museum property is such that it is anticipated the use of its sewer system
will be minimal. Therefore, the Museum is exempt from the construction cost
reimbursement of¶7.6 for so long as the conditions of non-profit status and ownership
remain in effect. In the event either of such conditions change, the Museum shall be subject
to the construction cost reimbursement of¶7.6 as adjusted by ¶7.7. Any affected party may
enforce such payment on behalf of all affected parties.
10. Collection of Pee. The payment for the easement(s) and reimbursement for
constructions costs as provided in¶ 5.5, ¶7.5 and¶7.6 shall be. due and payable upon
preliminary approval of the City fox each subsequent Grantee's termination of existing septic
system and proposed plans to hook up to the sewer line referenced herein. The City of Palm
Springs should not issue a permit for sewer installation until the Grantee has verified
Payment of all compensation contemplated by this Agreement. If for any reason, the City
inadvertently issues the permit prior to payment, the payment of the compensation may be
enforced by either or both Primary and Secondary Grantor. Each such Grantor may elect to
collect the amount due each Grantor or may elect to enforce the fee for the joint benefit of
Primary and Secondary Grantor. To the extent either the Primary and/or Secondary Grantor
incur costs, expenses and attorney's fees to collect such payment, the electing subsequent
Grantee, as a condition of this GRANT, shall pay all costs, expenses and reasonable
attorney's fees incurred as a condition for use of the Grant.
11. Misecilaneous Provisions
11.1 Legal Descriptions of Properties.
11.1.1 The Meyerman Property is more specifically identified as set forth
on Exhibit C.
cAdo¢ cntc and settings\ende\local settings\temporary internet Fde.:\o11d 52\gemr.easmicnt.0905062.doe 9
GRANT OF F,ASEMLNT
�IIIIII���� II II IIIII II II I II I� `pp'r Utz
11 1.2 The gchcll/Fcarcy Properly is more specifically identified by
abbreviated legal description as Lot 5 of Palm Springs Palisades,
as per map recorded in Book 19, Page 23, of Maps, in the office of
the County Recorder of Riverside County.
] 1.] 3 The Russell Property is more specifically identified by abbreviated
legal description as a parcel o{d s sown on Map of Palm
Springs Palisades in MB 9/432 of records in the office of the
County Recorder of Riverside County and a portion of Lots 3 and
8 and Lot 4 of NIB 019/023 of Palm Springs Palisades
11.1.4 The Museum Property is more specifically identified by
abbreviated legal description as a portion of block 30 MB0091043
recorded in the office of the County Recorder of San Diego and
Lot 10 oi'Palm Springs Palisades MB 19/023 in the County of
Riverside.
11.2 Binding Effect. This CONDITIONAL GRANT of easements shall run
with the land and be binding upon each Grantee as a CONDITION of the
use of the easement.
PRJMAR'Y GRANTOR:
PALM SPRINGS"rM�ODERN HOMES V, LLC, a California limited liability company
BY. 5 KD$�CptLP, a California corporation
ITS /�4%aging Memb
5�,t �ir�m President
GRANTEE. AND SECONDARY GRANTOR:
THE MEXERMAN FAMMY TRUST DATED AUGUST 2, 1989
By. Harold J. Meyerman, Trustee. By: Dorothy . Meyerman, trustee
State of California
County of
On A;,ry ^2etKe before me,��N o v� �b�u a Notary Public, personally
appeared !}a4acp ,y��Ap v WA.e,,� C4. erso Ily known to me (or proved to me
on the basis of satisfa toetoc ry evidence) to be the person(s whose name(s) ig/are subscribed to the
within instrument and acknowledged to me that�he%wka/they executed the same in his/her/their
e\documents and scwngs\arme\local sctmnps\tcmpomq mtcmcc Fles\o1k152\pr.nntcasement 0405063.doc 10
GRANT OF EASEMENT
IIIIIIIL• dI�IIIIIIIIIIIII�lllllll+II IIIIIIIIIIIII�II ` !N' r'1lygrm
C�
f
tT
rrr R
_ CG
STATE OF CALIFORNIA }
}ss.
COUNTY OF RiVexsi.de
before me, Constance Gorsuch
personally appeared Dennis Cunningkiam
personally known to me
(or proved to me an the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/he r/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hind and o icial seal.
Signature
! CONSrA;CE GORSUCH
Commlwion k 1357687
Notary Public - Callfomla
.. Riverside County
mvco nm.E)gvIresJun2D.20�6
(I'his aru2 for official notarial seal(
L
nt /�Fent `T No. of Pages
s not acknowledged
II ILII�II II I HI IIIIII IIIIIII II ' 1 :-',1'
authorized capachy(ies), and that by J;iifiAtcr/their signature on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
[See next page for jurat as to Primary Grantee/Secondary Grantor Meyerman]
EC]MONC7 tE11E11F Cy,
comfmbn;a 1529941 a
S �oy - Nofary I'uLIIcss -Cnllfornla 5:
Riverside Courtly
ti 4./
"' My Comm Evplres JeC 22.2000
�.�n-err-u�hc
e\documents andsep+�gs\erne\local settings\temporary inmmer riles\oIIc152\grantcasemen6.04050GZ.doc I i
GRANT OF EASEMENT
Exhibit A to
GRANT OF EASEMENT
AND AGR EMENT TO MAINTAIN AND REPAIR
Tahquitz Canyon Way
WV
- - Lot F of Tr. 29077 Lot F of Tract 29077 \
Prapelty Line \
\\ 1
Q4i i G
Sewer Line "
U �
o Co
Lot 3 of Tr. 29077 Lot 1 of Tract 29077
—
North
I
I
- I J
— Lot F of Tr 29077
/Approximate Scale 1° =ao' Villaggio North�• Sewer Line �
n
n
o N Lot B of Tract 29077 \ Lot A of Tract 29077
f.
IIIIII IC' -'II IIIIII IIIIII IIIIII IIIII III IIIIII III IIII "' � ;�' "-� �""'
EXHIBIT "B"
PRIVATE SEWER EASEMENT
,�C/L TAHQUITZ CANYON WAY
usr
- ~- —R/W
_ __
jr
M
M
I I
�J
ap /p
LINE
OT 3 PRIVATE
SEWER
E EASEMENT
II
I/ I I
/ Q
LOT WOW
(PRIVATE STREET)
N 3544'10" W t7
`
�4 GS
LINE DATA a 1
NO. BEARING LENGTH
L1 IN 45'00'00" W 5.34'
L2 N 00'00'00" E 24.03'
L3 N 300000" W 11.11'
L4 IN 00'10'01" W 96.15' -0_
CURVE DATA MSA CONSULTING, INC.
1" = 30' Mn¢�tc ea.Sxmx a ASsomms,INC
N0. DELTA RADIUS LENGTH TANGENT
342v�➢w HorW n.rve.It�a Munoa.CA nTN
Cl 1 39-41'56" 40.00' 27.72' 14.44' z".°"°°m'(710)3zo-98U• Fs (760)�7W
SHEET 1 OF 1 J.N. 1717
I������IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ;:-'4 -'l '"-
lixhiNt C to GRANT OF IiASI•:MENf
(Property benefited by PRIMARY GRANTOR Palm Springs Modern Homes V,
LLC, a California Limited Liability Co and burdened as SFCONDARY
GRANTOR A13N 513-1 10-042 and 043)
Commonly known as 550 Palisades Drive, Palm Springs, CA 92202
APN 513-I10-042 and 513-110-043
in the City of Palm Springs, County of Riverside, State of California
PARCEL 1
ALL OF LOTS 1 AND 2 OF PALM SPRINGS PALISADES, AS SHOWN BY MAP
ON FILE IN BOOK 19 PAGE, 23 OF MAPS, RIVERSIDE COUNTY RECORDS,
TOGETHER WITH ALL THAT PORTION OF BLOCK 30, PALM SPRINGS, AS
SHOWN BY MAP ON FILE IN BOOK 9, PAGE 432 OF MAPS, SAN DIEGO
COUNTY RECORDS AND A PORTION OF LOT 3 OF PALM SPRINGS
PALISADES, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 23 OF
MAPS, RIVERSIDE COUNTY RLCORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER. OF LOT 1 OF SAID PALM SPRINGS
PALISADES; T14ENCE SOUTH 89° 50' 00" WEST; 231.25 FEET;
THENCE SOUTH 130 49' 30" EAST, A DISTANCE OF 128.07 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING
A RADIUS OF 37.50 FEET, A RADIAL BEARING TO SAID BEGINNING BEARS
SOUTH 230 50' 00" EAST, SA.D BEGINNING BEING ON THE NORTHERLY LINE
OF LOT 'A' OF SAID TRACT, SAID LOT 'A' BEING SHOWN AS PALISADES
DRIVE;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG
SAID NORTHERLY LINE, AN ARC DISTANCE OF 44.96 FEET, THROUGH A
CENTRAL ANGLE OF 680 42' 00", THENCE NORTH 450 08' 00" WEST, A
DISTANCE OF 11.97 FEET TO TIIE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTFIWESTERLY, HAVING A RADIUS OF 162.50 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC
DISTANCE OF 123.37 FEET, THROUGH A CFNTRAL ANGLE OF 43Q 30' 00";
THENCE NORTH 330 14' 10" EAST, A DISTANCE OF 108.40 FEET,
THENCE NORTH 890 50' 00" EAST PARALLEL WITH THE NORTH LINE OF SATD
TRACT, ADISTANCE OF 301,93 FEET;
THENCE SOUTH 000 08' 00" EAST, A DISTANCE OF 30,00 FEET TO THE POINT
OF BEGINNING,
A CERTIFICATE OF COMPLIANCE NO. 89-4 WAS RECORDED APR.IL 14, 1989
AS INSTRUMENT NO. 119405 OFFICIAL RECORDS.
cAdec,'ments and sctimgs\ermc\local settings\amparazy uitccnee files\olk152\Icgal-palimdcs.doc
EXHIBIT C — GRANT OF EAEMENT
III II I II II II IIII II III � III I L` Epp, r'lilr .
PARCEL 2.
IN THE CITY OF PALM SPRINGS, COUNTY OF RI VERSIDE, STATE OF
CALIFORNIA, ,AND DESCRIBED AS FOLLOWS
LOTS 6 AND 7 OF PALM SPRINGS PALISADES, AS SHOWN BY MAP ON FILE
IN BOOK 19 PAGE 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
TOGETHER WITH THAT PORTION OF THE NORTH-HALF OF SPRING STREET
(VACATED) ADJOINTNG SAID LOTS ON THE SOUTH, THE TITLE TO WMCH
WOULD PASS WITH THE TITLE TO THE ABOVE DESCRIBED LOTS.
PARCEL 3:
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT I IN BLOCK I OF PALM SPRINGS, AS SHOWN BY
MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, SAN DIEGO COUNTY RECORDS,
DESCRIBED AS FOLLOWS•
BEGINNING AT A POINT ON THE NORTH LINE OF SAID BLOCK, 555.3 FEET
EASTERLY OF THE NORTHWEST CORNER OF SAN BLOCK,
THENCE SOUTH 000 IY EAST, 50 FEET; THENCE NORTH 89' 47 EAST, 30 FEET;
THENCE SOUTH 000 IT EAST, 44.55 FEET;
End of Exhibit C
cAdoeum.,t-.and setm)gs\cane\local settings\t mpomry mternct files\olkl52\lcg 1-pulrsades.doc
EXHIBIT C — GRANT OF EAEMENT