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HomeMy WebLinkAboutA4505 - PARKING STRUCTURE EASEMENT 41B E)OC p 02—e:NC 0 08/22/2 0 car Fe :NC page 1 of 4 Reeorded in official Records County o - Gary l•Clerk & Recorder Orco II{{II Assessor, County lllllllllllllllllllllllllllll ` . I IIIIII IIIIII IIIII IIIIII II Recording Requested by and After Recording --- — - - Return to: M s U PAGE SIZE DA PCOR INCISOR SMF MISC City Clerk 1 �A City of Palm Springs Box 2743 n a COPT LONG REFUND NGHG E%AM -- Palm Springs, CA 92263 I� /I Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. MH File No.R-02-021 NO DOCUMENTARY STAMPS NEEDED— GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION, a Charter City, herein called "Grantor," hereby grants to the CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION, a Charter City, herein called "Grantee," an easement restricting the construction or fabrication of any permanent building or occupied structure therein above the finished surface, in, on, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being over the land described in Exhibit "A" attached hereto and made a part hereof. GRANTOR: ATTEST: CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION City Clerk City Manager C/ City of Palm Springs Parking Structure Easement AGREEMENT#4505 Approved as to form: Res 20340, 05-15-02 By: Attorney 4 f ALL-PURPOSE ACKNOWLEDGMENT State of ("Lk/if O r v) i (1 CAPACITY CLAIMED BY SIGNER County of R t V P r S , d C ❑ INDIVIDUAL(S) ❑ CORPORATE On J A ,Q( QOO before me, Jo tth A , Ni eholS JNotarY wbl,e OFFICER(S) Date u p Name, Title of Officer t TITLE(S) personally appeared NtxV A I t , I\QCt&y Q n d ktf-t L. 4 � .7 Xn U f_S ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) h personally known to me-Ok- 9p;e t the basis of satisfaw,py_tvydem-e ❑ SUBSCRIBING WITNESS to be the persons(s7 whose nameCs) re subscribed ❑ GUARDIAN/CONSERVATOR 3 4*-' ' ' to the within instrument and acknowledged to me Cp OTHER C t ftt n Q t? r JUDITH A.NICHOLS• ' •E ., Y �q7 COMM.#1261786 that hehhe they xecuted the same in $thei' rxY) d e,;{ " C1QrK N s h• Notary Public-Callforma y authorized capacity ,es , and that by IrisFh�rWRIVERSIDE COUNTY =. signature(o on the instrument the person D 71My Comm.Exp.May 21,2004 F entity upon behalf of which the persons acted, SIGNER IS REPRESENTING: executed the instrument. (y I1 Witness my hand and official seal. Si i a[ure of Notary 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 G f'Q Ylt ©� _cL S N4 2 hT MUST BE ATTACHED T TO THE DOCUMENT Number of Pages a DATE of DOCUMENT •J U y / 13 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above II��III��IIII��II��II�II��III�II��II��IIII��II�II1IIN nezeateaaaeOnaA Exhibit "A" The westerly 20.00 feet of the following described parcels: Parcel 1 All that portion of Parcel 1 of Parcel Map No. 13574 as recorded in Parcel Map Book 73 at Page 52, records of Riverside County, California, described as follows: Beginning at the northeast corner of said Parcel 1, thence South 00'00'22" West a distance of 169,08 feet along the east line of said Parcel 1 to the beginning of a tangent curve concave northwesterly and having a radius of 20.00 feet; thence southwesterly along said curve through a central angle of 89'52'45" and a length of 31.37 feet; thence South 89'53'07" West a distance of 122.17 feet along the south line of said Parcel 1; thence leaving said south line North 00'05'27"West a distance of 189.03 feet to the most northerly northwest corner of said Parcel 1; thence North 89'52'48"East a distance of 142.44 feet along the north line of said Parcel 1 to the point of beginning. Parcel 2 Lot 17 in Block 28 of Palm Springs, as shown by map on file in Book 9 at Page 432 of Maps, Records of San Diego County, California. Parcel 3 Lot 18 in Block 28 of Palm Springs, as shown by map on file in Book 9 at Page 432 of Maps, Records of San Diego County, California. Parcel 4 The southerly one-half of Lot 19 in Block 28 of Palm Springs, asshown by map on file in Book 9 at Page 432 of Maps, Records of San Diego County, California. E? �� IIIIIIIIII IIIII IIIII IIIIIIIIIII IIIIIIIIIIIII 20@2-468040 ae of 4 eeR ALh4 s 0 • ;\ O ,-�fir' of Palm m Springs Y 1` Office of the City Clerk _ rcn q,ec " 3200 Tahgwa Canyon Way • P.[,,,Spnngs,California 92262 <. TEL (760)323-82a4 • FAX (760)322-8332• TDD (760)864-9527 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT dated: July 26, 2002 from, CITY OF PALM SPRINGS, a Municipal Corporation, a Charter City Grantor, to the CITY OF PALM SPRINGS, a municipal corporation, a charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 6`h day of August, 2002, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 6th day of August 2002. PATRICIA A. SANDERS City Clerk (seal) Rev. 1/02 rf 1 r f 1IIIIlllllllllllllllllllllllllllllllllllll��lllllllllll earez©4 0f 4 6&080eeR Post Office Box 2743 0 Palm Springs, California 92263-2743 Council Minutes 0;5-15-02, Page 9 24. COUNCIL MEETING TIMES On May 1, 2002 Council continued this item to this date to consider establishment of City Council meeting times. Councilmember Hodges requested the Closed Session time be moved to 5:30 p.m. Councilmember Reiler-Spurgin statedi that the time was originally moved due to number of items scheduled for Closed Session, but that the time could be moved to accommodate. City Manager recommended that that Council could always adjourn to after the meeting to complete any necessary; discussions or could call special Closed Sessions is the need arose. Council consensus to move the time for Closed Sessions to 5:30 p.m., preceding open sessions at 7:00 p.m.; staff to prepare the Resolution for approval at the June 5, 2002 meeting, 25. DOWNTOWN PARKING STRUCTURE Recommendation: That the Council approve agreements for the purchase and sale of real property and agreements containing covenants, conditions and , restrictions with Mathew Talala; Zachary Franks, et al; and Thomas and Eileen Adamo for the voluntary acquisition of their properties (APN 513-154-034, 513- 154-026, 513-154-008); and agreements settling condemnation actions with Thomas and Eileen Adamo for the acquisition of the Saloon property (APN 513- 154-007) and Joe Pagano for fixtures, equipment, relocation and goodwill loss for the Saloon Business and 296 Palm Canyon, LLC for a parking lot behind 296 South Palm Canyon (APN 513-154-033); all for the purpose of constructing a city owned parking structure in the 200 block of South Indian Canyon Drive; and it is further recommended that the Council approve a grant of 20-foot "no build" easement to the owners of properties west of 513-154-033, 513-154-034 and 513-,154-008. A4500, 4501, 4502, 4503, 4504, 4505. Director of Community & Economic Development reviewed the staff report and submitted revised resolution for consideration. Councilmember Hodges expressed appreciation to the property owners that are all looking to the future of Palm Springs and the sacrifice of giving up future business to permit the growth. Council concurred. Resolutions (7) 20336, 20337, 20338, 20339, 20340, 20341, 20342, as recommended were presented; after which, it was moved by Oden, seconded by ' Reller-Spurgin and unanimously carried, that R20336 —20342 be adopted. -1 f '- 513-15 iNIS YR WAS"I'ARE0 f0RASSES5YEN7 IOAPOSESONLY.WOUABICIIY POR.SEC 15 T.4S.,R.4E `� f � r 4 ""iT.R.t,. fill-03s IS 65Wf0 fOA SNE ACCUMACY OE 1NE DATA SNPAN.ASSC5TOR'S 1AACEl 7833 Y11 Mar COYPLF Wilk LOCAL Lof•SPtn OR OUROIM'G SITE OROIWLk6FS. CITY OF PALM SPRINGS 011-032 ^ 11-96H SHEET 1 OF 2 0 11-02M �- - ----------- —- n" 7 --- ------, r1RfNA3— ---- .! N MRInTA l 1 1 1 C V �^ V Wi , i TN i m,stq � � 1 � 3 ; 3 ![i _ � i L ro� ,nxs '�Wa 81 W � ""' 3 C � " t _ z9 IS Eet c ,s •o sssi R 44 xa Ma oR 9x- I -Ys-___®9m _Os_S_ R 7E6x l 2 22 3 3 0- oiliO • > < 78 s 2<Ofi • ------------- ______ - x ----------------- a -x[ a� • • nxxc x ' .. _ �♦I i OO RIAR ,. _.___ 7- - E nvnecwA T _...; [n oo R y ; 30 n �( viN ue suuns u+nz�ll L ---------------- -�----` � _--�- 19 r = `y 71 F 9 ' $ 19 II 9 O • p[ a.uK[ Mxti°n 1.2]ACAM qmn, ,va Ix-n _------------------------------ i___.,_.__.•_______ _ _____ ' -- + ' fO MRI ' x 3 tnnc wA _ 14 n $19 17 '� 1R )s U 79$ x L s' ch 6u.iwn nsm Ww 40 R m.0 s-u un am 7fn, TAP n�-ie ,ra >sM I,m call 2Q urz ao u.0 moon van 7xu.ur �su� DATA:C.I.C. MB 9 432 SO PALM SPRINGS ovxN / MAY 'nN PM 64/15 PARCEL NAP 11092 nn 117-, 74.11 PM 73/15 PARCEL NAP 13574 ASSESSOR'S YAP BK513 PG.IS PM 51/58 PARCEL MAP 10023 (CY 22/158-110) APr F001 o,ryi n...,-. n-nI Rire[siLe CCuniy,Calil. C.4flL leym l ,v-TA RESOLUTION NO, 20340 OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A GRANT OF EASEMENT WITH ZACHARY FRANKS, ET AL., MATHEW TALALA, AND 296 PALM CANYON, LLC FOR THE PURPOSE OF ENSURING THE CONFORMANCE WITH BUILDING AND FIRE CODES BY RESTRICTING CONSTRUCTION WITHIN THE WESTERLY 20 FEET OF THE CI-WS PROPERTY A04505 WHEREAS the City of Palm Springs has endeavored for the past thirty years to increase the supply of public parking in the downtown area; and WHEREAS the City is proceeding with the construction of a downtown parking structure at the northwest corner of Baristo Road and Indian Canyon Drive; and WHEREAS the City has negotiated Acquisition Agreements with MathewTalala, Zachary Franks, et al, and 29S Palm Canyon, LLC property for the purpose of assembling the project site; and WHEREAS building and fire codes require that the City restrict the construction of any buildings in the westerly 20 feet of its property in order to preserve the configuration of the existing structures on private property; and WHEREAS such a Grant of Easement does not pose any hardship on the City. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that a Grant of Easement to Mathew Talala, Zachary Franks, et al, and 296 Palm Canyon, LLC, in a form approved by the City Attorney, is hereby approved. ADOPTED this 15rh day of May 2002, AYES: Members Hodges, Mills, Odeu, Rellex—Spu=gin and Mayor Xle:Lndienst NOES: None ASSENT: None ATTEST: / CITY OF PALM SPRINGS, CALIFORNIA City Clerk City ManagerG' REVIEWED &APPROVED AS TO FORM 5 ® CERTIFICATE OF LIABILITY INSURANCE DATE'MMDDYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsemenits). PRODUCER Arthur J. Gallagher Risk Management Services, I L-r- 235 Highlandia Drive REEIVED Suite 200 Baton Rouge LA 70810 APR 2 4 2023 INSURED M McCormack Baron Management. Inc.; Office of the City McCormack Baron Salazar, Inc., MBA Properties, Inc 100 N. Broadway, Suite 100 Saint Louis MO 63102 COVERAGES CERTIFICATE NUMBER: 451792232 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE MOM, Vivo POLICY NUMBER POLICY EFF POLICY EXP 3/31/2024 LIMITS A X COMMENCIALGENERALLIABILITY CROOLCG23 3/31/2023 EACHOCCURRENCE 51,DDO,000 CLAIMS -MADE II OCCUR f 100,000 PREMISES X MED ENIP (Any ore _ 50 SIR 525.000 PERSONAL S ADV INJURY $1,000,000 GEN'L AGGREGATE LIMpI. APPLIES PER: GENERAL AGGREGATE _ $2,000,000 POLICY jEOT rX] LOC PRODUCTS - COMP/OP AGO $2,000,000 f OTHER: C AUTOMOBILEUABILITY 43UENDL5271 3/31/2023 3131P2024 O BINEDt SINGLELIMIT51,000,000 (EaIX BODILY INJURY (Per Person) f ANY AU10 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) f X PROPERTY DAMAGE Per aoddero $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ E F X LIMBRELLAUAB EXCESSLMB X OCCUR CLAIMS4AAOE 099002602 20000000415 JT123XANN-02347-01 3/31/2023 3/31/2023 3/31/2023 3131/202/ 3/31/2024 =112024 EACH OCCURRENCE i20.000,000 X AGGREGATE _ $20,000.000 _ DED RETEN ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN I PER STATV E ANYPROPMETOMPAR ,IEWEXECUTIVE OFFICE RMEM13ER EXCLUDED? N/A E.L EACH ACCIDENT S FLOISEASE-EAEMPLOYEE (Merldebry In NH) S uII yyes, desodoe toxer DESCRIPTION OF OPERATIONS Eebw f E.L. DISEASE -POLICY UMIT B ,Terrorism - Uabilay AF'W299871C23 3131/2023 3/31P2024 LAMt Peroaumno 20.000.000 OESCRI"ON OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, McI Tonal Remarks Schedule,may l» attached 11 more space is required) Come Coverage: 10/30/22-10/30/23 - Policyy number 81219332, Carrier: Federal Insurance Company - NAIC #20281, Limit per occurrence - $1.000.000, Blanket Joint Payee Endorsement 14-02-11386 F3 (9/11) Crime coveragge applies while insured Is services under a written contract. providing Errors & Omissions Liability Coverage. 3/31/2023-3/31/2024 - Policy #ME000028412P-00, Carrier: StarStone Specialty Insurance Company - Non -Admitted - NAIC #44776, Limit per occurrence $5.000,000. Excess Liability Policies Continued: Cartier: Texas Insurance Company - Non -Admitted - NAIC #16543; Policy #7037095524, Carrier: Columbia Casualty Company - Non -Admitted - NAIC #31127 Named Insured includes'. Vista Sunrise Apartments. L.P. - Palm Springs, CA 92262. #03-SHMHP-006 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clly of Palm Springs Redev Agency ACCORDANCE WITH THE POLICY PROVISIONS. 32 0 E. Tahquitz Canyon Way ARHDR DREPRESENTATVE Palm Springs CA 92262 USA 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Arthur J. Gallagher Risk Management Services, LLC 235 Highlandia Drive, Suite 200 Baton Rouge LA 70810 MDG2023 D0005954 01 I l.glhl.ltlltltml.pgt.l Igt.l.p.hd.l.t,.l.pult.l Ihli City of Palm Springs Redev Agency 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? "Go Green with Gallagher" by receiving digital copies of certificates via e-mail in the future. Or, do you no longer require a certificate of insurance for our client? Please contact us at COI.UpdateMyEmail@AJG.com and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail delivery 3. Insured Code: MCCOBAR-01 4. This Certificate Number: 451792232 To learn more about the Insurance and Risk Management Services offered by Gallagher, please visit us at www.ajg.com/us/about-us/how-we-work/core-360. Gallagher does not share your e-mail as detailed in our privacy policy found at https:// www.ajg.com/us/privacy-policy/.