HomeMy WebLinkAboutA4972 - TED A PARENT BERNIECE C PARENT RELEASE WAIVER RIGHTS 1109 N SUNRISE WAY APN 507-123-015 DOC a 2005-0057720
01/21/2005 08:00R Fee:NC
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Recorded in Official Records
PLEASE COMPLETE THIS INFORMATION County of Riverside
RECORDING REQUESTED BY:
Assessor, County Clerk d Recorder !'
IIIIII IIIIIII III 11111111111111111111111111111111111111
AND WHEN RECORDED MAIL TO:
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Title of Document
THIM AREA FORD
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3:00 Additional Recording Fee Applies)
ACR 238P-AS4RE0(Rev.0212003)
Ted A& Berniece C Parent
Release &Waiver of Rights
AGREEMENT#4872
CM Signed 10-06-04
RELEASE AND WAIVER OF RIGHTS _ - ---
THIS RELEASE AND WAIVER AGREEMENT ("Agreement") is made this I//
day of ,S� , 2004, between the City of Palm Springs ("City") and Ted A. Parent and
Berniece C. Parent, (collectively"Releasing Parties").
RECITALS
WHEREAS, City scheduled and planned for the construction of a new traffic signal
at the Sunrise Way and Tachevah Drive intersection, identified as City Project No. 89-09;
and
WHEREAS, City Project 89-09 required the City to acquire additional public right-
of-way at the northwest corner of the Sunrise Way and Tachevah Drive intersection, across
the property located at 1109 N. Sunrise Way, and identified by Assessor's Parcel Number
507-123-015, herein referred to as "Property'; and
WHEREAS, the acquisition of additional public right-of-way from the Property
required relocation of existing swimming pool equipment, block wall relocation, and
replacement of existing landscaping, which may be collectively referred to as the
"Improvements" as shown on Exhibit"A"; and
WHEREAS, City obtained an appraisal, prepared by J. A. Gallagher & Associates,
dated February 15, 1991, for the acquisition of the required public right-of-way for City
Project No. 89-09 from the Property; and
WHEREAS, the appraisal concluded that the value of the additional public right-of-
way to be acquired from the Property had a fair market value of$2,200.00; and
WHEREAS, the value of the Improvements was determined to be $16,590.00, of
which $6,290.00 was determined to be the value for block wall relocation and landscaping;
and
WHEREAS, on July 17, 1991, by Resolution No. 17585, City approved an offer of
the fair market value of the additional public right-of-way to be acquired plus the cost of the
Improvements, for a total of$18,790.00, herein referred to as "Offer"; and
WHEREAS, Leonard H. Wolf, Jr., and Lucile Kearse, prior owners of the Property,
herein referred to as "Prior Owners", accepted the Offer; and
WHEREAS, City duty paid the Prior Owners the Offer and acquired the
additional public right-of-way, as shown on Exhibit"B'; and
WHEREAS, City proceeded with construction of City Project 89-09, which
included construction of a new curb return and other improvements within the additional
public right-of-way acquired by the City at an elevation approximately two feet lower
than the Property, herein referred to as "Elevation Difference"; and
1 0 03/028/2498 5 vl 1 II II III III II IIIIII I I IIII III III I IIII IIII 01/21,120005 0 6:00R
2005-0057720
WHEREAS, the Prior Owners have contended that the Elevation Difference
restricted Prior Owners from reconstructing the previously existing block wall at the new
property line; and
WHEREAS, the Prior Owners claimed that City had an obligation to construct a
retaining wall at the new property line to address the Elevation Difference which would
allow Prior Owners to construct a block wall at the new property line; and
WHEREAS, the Prior Owners have sold the Property to the Releasing Parties;
and
WHEREAS, the Releasing Parties have continued to pursue the claim against City
relating to the Elevation Difference and to assert the demand that the City construct a new
retaining wall at the new property line; and
WHEREAS, the Releasing Parties have provided City with cost estimates for the
construction of a retaining wall which would address the Elevation Difference; and
WHEREAS, upon review of the cost estimates, City has agreed to participate in the
cost to construct the new retaining wall.
NOW, THEREFORE, THE PARTIES HERETO INCORPORATE THE ABOVE-
LISTED RECITALS AND AGREE AS FOLLOWS:
COVENANTS
I. Release. The Releasing Parties, on behalf of themselves and their
representatives, agents, employees, attorneys, successors and assigns, hereby release City, its
agents, officers and employees ("City's Parties"), from any and all future claims, disputes,
disagreements, or liability arising from or in any way connected with the City's acquisition of
the additional public right-of-way from the Property, from the construction of City Project
No. 89-09, and from the Elevation Difference resulting therefrom; in exchange for City's
commitment to pay the Releasing Parties the amount of Two Thousand and no/100 Dollars
($2,000.00). City shall pay the Releasing Parties within ten days upon execution of this
Agreement.
2. Waiver of Civil Code Section 1542. By releasing and forever discharging
claims both known and unknown as provided herein, the Releasing Parties expressly waive
any and all rights under California Civil Code Section 1542 in connection with any Claim or
Liability against the City and City's Parties. Civil Code Section 1542 provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
1003/028/24985 v1 2 IIIIIII
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The Releasing Parties waive and relinquish any and all rights and benefits which it
may have under Section 1542 of the California Civil Code and any similar code provision or
protection. The Releasing Parties have performed a full and complete investigation of the
facts pertaining to this Agreement. Nevertheless, the Releasing Parties acknowledge and are
aware that it may hereafter discover facts in addition to or different than those which it now
knows or believes to be true with respect to potential claims, allegations, events and facts set
forth herein, but it is the Releasing Parties' intention hereby to fully and finally settle and
release any and all matters, disputes, and differences, known or unknown, suspected or
unsuspected, which may exist, as against the City and City's Parties, and in furtherance of
this intention, the release herein given shall be and remain in effect as a full and complete
general release notwithstanding discovery or existence of any such additional or different
facts.
3. Compliance with Laws. All actions taken pursuant to this Agreement shall be
provided in accordance with all federal, state, and local laws, ordinances and regulations
including, without limitation, all applicable Municipal Code provisions. Furthermore, each
and every provision required by law to be inserted into this Agreement shall be deemed to be
inserted, and this Agreement shall be read and enforced as though they were included.
4. InteQration; Amendment. This Agreement contains all of the agreements of
the parties and cannot be modified, terminated or rescinded, in whole or in part, except by an
instrument in writing signed by all parties hereto. No prior oral or written understanding
shall be of any force with respect to those matters covered in this Agreement.
5. Interpretation and Enforcement; Governing Law. This Agreement shall be
construed and interpreted both as to validity and performance of the parties in accordance
with the laws of the State of California. Legal actions concerning any dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted and maintained in the
Superior Court of the County of Riverside, State of California, or in any other appropriate
court with jurisdiction in such county, and the parties agree to submit to the personal
jurisdiction of such court.
By signing below, parties represent and warranty that they have authority to bind the
parties to this Agreement.
1003/028/24985 vl 3 IIIIIII IIIIIII III IIIIII IIII I III IIIIII I I IIIII III IIII 01/2112005 085:008
2005 0057720
IN WITNESS WI'IEREOF, the parties hereto have duly executed this Agreement as
of the day and year first written above.
CITY: p(
CITY OF PALM SPRINGS t/
By:
City Manager
An
By:
City Clerk
APPROVED AS TO FORM:
By:
City �eyjo)"
RELEASING PARTIES:
Ted A.Parent and Berniece C.Parent,fee
owners of APN 507-123.015
By: —
Ted A.Parent
By: _
Berniece C.Parent
APPROVED BY THE CITY MANAGER
ON �
f1 All J,Z
4
IIIIIIIii�lllIIIIlilllIIIIIIIIIIIIIIIIII(IIIIIIIIIIII el�AA5 of'i$�00P
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
f
State of California
11
County of N u-s'i `J �' ss.
On VG a 1� 2 C D 14 before me, Z U�to A • t1l', 01S� Not'ctry?Uw;r
Da� Name and lrn-�-,I(fllcer(e.g.,-Jane Doe,Notary Public
personally appeared Davin H .`Ready artd Ta�'r�e�el A. Safne�prs
Namble)of Slgneds)
flgpersonally known to me
-8.-preeest to my on the bad, of 3ati6faetory
Pvidence
to be the person(E) whose name /are
subscribed to the within instrument and
acknowledged to me that the executed
JUDIIHA.NICHOLS the same in /the authorized
Commission#1487823 �. capacit ies , and that by thel
,-d Notary Public-California signatures on the instrument the perso or
Riverside County the entity upon behalf of which the persono
' MyComm,BExpYesMay21-2f108� acted, executed the instrument.
WITNESS my hand and official sea,,,
VSignature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or e of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Abov .
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual TOP of mt,mD here
❑ Corporate Off icer—Title(s):
❑ Partner—❑ Limited [I General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
P)1999 National Notary Association-9350 De Soto Ave,PO Box 2402•Chelarvarth,CA 913132402•www.natlonalnetary erg Prod No.5907 Common Call Toll-Free 1-8008766827
IIIII II 111111111 HEIIIIIIIIII II II 01 201/2 05 @8�WR
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the day and year first written above.
CITY:
CITY OF PALM SPRINGS
By:
City an er
ATTEST:
By: �'p,
City Clerk
APPROVED AS TO FORM: i
By:
City Actor
RELEASING PARTIES:
Ted A. Parent and Berniece C. Parent, fee
owners of APN 507-123-015
By.
1'ed A. Parent
By:
Berniece C. Parent
1003/028/24985 A 4
IIIIII I II IIIIII III I I IIIIIIIII II II II II 01 2�0 20005 08200R
70£ 15
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY SIGNER
�0 "
County of CXC�C �atNY1C( S ❑ INDIVIDUAL(S)
(� ' 0 CORPORATE _
On .Sc Q o� D ono before me, y Noe
OLv2 cSo�, OFFICER(S)
Date dt "�,� Name, T-of Officer TITLE(S)
personally appeared_ l c o N t ri t e ce ( . Cx ❑ PARTNER(S)
NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑personally known to me- OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
U—pfoved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) ❑ OTHER
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/her/their
signature(s) on the instrument the person(s) or the
persons(s) acted, executed the instrument. STACEY MORASO G �R IS REPRESENTING:
NOTARY PUBLIC - OREBON
Wti � y hand and o cial eal. COMM►8SM NO• 374M
R CONNI=II EI�IflEt OB.IL
Signature vTA,aY4JVotary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of[his
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
IIIIIII III IIIII INIII 0t 20�z oa 08�0aR
8 0£ 15
Under the provisions of Government Code 27361.7, I certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary : _-� AA Wa-L5a4
Commission# : 31"I N-9
Place of Execution ; _ RZ8jL>
Date Commission Expires : ZX7
Date : "t
Signature
2Q@5-0057720
01121/S 01f P8 90R
CERTIFICATION
Pursuant to the provisions of Govermnent Code 27361.7 I 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):
GCS .
UpQ SU-WF-- rF wLtc*
Date:
Signature:
Print Name: UM� VAA iN
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SUNRISF IALAlC w rt, t; n ' �/- I � N
EXHIBIT OF811 w{ �
Recording L7 Q r
Requested by and ' RECEIVED W`d
After Recording s
Return to: SEP 1 1 1991
City Clerk W ro
City of Palm Springs CITY CLERK �!R
d Box 1786 0
Palm Springs, CA 92263 (FI!Z RECORDERS ONLY)
R-89-077 NO DOCUMENTARY STAMPS RE UIRED
ORIGINAL DOCI�MENT
GRANT OF RIGHT-OF-WAY IF RED INK STAMP
For a Valuable Consideration, receipt of which is hereby acknowledged,
Leonard H. Wolf, Jr. and Lucile Kearse, GRANTORS, do hereby grant
to the CITY OF PALM SPRINGS, a Municipal Corporation, GRANTEE, a
right-of-way with the right to maintain, repair, operate, use and
construct sidewalks and for other appurtenant uses, together with
the right to dedicate or declare the same for public use, in, on,
under, over, and across the real property in the City of Palm Springs,
County of Riverside, State of California, described as follows:
Being a portion of Lot 31 as shown on that map entitled "Bel Vista,
Palm Springs, Calif. being a subdivision of a portion of the East
half of the Northeast quarter of Section 11, T4S R4E S.B.B. & M.",
filed for record on January 11, 1945 in Map Book 20 Page 38 Records
of Riverside County more particularly described as follows:
Beginning at the Southwest corner of said Lot 31;
Thence along the South line of said Lot 31 South 89058100" East 69.06
feet to the TRUE POINT OF BEGINNING;
Thence North 47003103" East 40.98 feet to a point on the East line
of said Lot 31;
Thence along said East line of Lot 31 South 00013100" West 12.99 feet
to the beginning of a tangent curve concave Northwesterly with a
radius of 15.00 feet;
Thence Southwesterly along said curve through a central angle of
89049100" an arc distance of 23.51 feet to a point on the South line
of said Lot 31;
Thence along said South line of Lot 31 North 89058100" West 14.99
feet to the TRUE POINT OF BEGINNING.
IN WITNESS WHEREOF, Grantor executed this instrument this 22nd
day of ,T,1Iy , 19917
By
Leonard H. Wolf,
By
r Lucil' Kea
;I.
4
t c I IIIIIII IIIIIII III IIIIII IIIIII III IIIIIII III 111111111 IN et 200 zea Se 1s
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889°SB'OO"E � 1 x
8
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TACHEVAH DRIVE 8
R/W NEEDED SHOWN THUSI
R•ISAO"
L•28.81 40 1 44'
02 12.99'
014.99'
EXHIBIT IIAII 4 ,
CITY•• OF PALM SPRINGS
'2 RIGHT-OF-WAX PLAT FOR SIGNAL LIGHTS
STREET AND PUBLIC UTILrnES
•C�fl,°,N��•
RICHARD E.MSCDY CITY ENGINEER
R/W AT THE NOFMfWEYT CORKER1 O1F SUNIRME NAY OE91ON CYI IDLE, FILE N0.
AND TACHE%M DRIVE JCD 110,
501 R-89-OT7
CHECKED BYI DWG. NO.: SHEET NO.
wlW II , TAS., RAE.,S.B.S.a M. EGO 1 I OF I
IIIIIII IIIIII III IIIIII IIIIII III IIIIIII III IIIIII IIIIIII 0l Z0@ 13 20 of 1500P
l
e r2�Q Ss,Z
State of CALIFORNIA On this the z2nc�ay of July ig 91,before m
I .. S5. I!1
H't� County oi, RIVERSIDE } Elva A. Roos
the undersigned Notary Public,personally appeared
Leonard H. Wolf, Jr. and Lucile Kearse
RI personally known tome
9 proved tome on the basis of satisfactory evidence
to be the person(s)whose name(o) are subscribed to the
O � LSE within Instrument,and acknowledged that they executed it.
i ORk ROo$ WITNESS my hand and of"cial seal.
trotr+ynnuc.awruPM
��� Y RYEPSIOEDWRr1 �/✓U H/ _�l/ r/ - _
Notary's Signature
GENERAL ACKNOWLEDGMENT FORM
' I 2005-0057720
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII III IN 01l21/200001500fl
2'70562
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property
conveyed by grant of right-of-way dated July 22, :1991
from LEONARD H. WOLF, JR. AND LUCILE KEARSE
Grantor; to the CITY OF PALM SPRINGS, a municipal corporation,
Grantee is hereby accepted by the CITY CLERK of said
City, on this 2nd day of August , 1991
pursuant to authority granted by the City Council of
said City, by Resolution No. 17047 made on the 21st day
of March, 1990, and the Grantee consents to recordation
thereof by said City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 2nd jay
of August9
° . . JUDITH SU ICH
r� 4k�SElAL) City Clerk
City of Palm Springs, California
k
Rev. 3/90
IIIII IIIIIII III IIIIII IIIIII III IIIIIII III IIIIII III IIII 01 20�200, 1500a