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HomeMy WebLinkAbout04849 - NORTHWOODS PS PALM SPRINGS LLC FRIEND DEVELOPMENT SUBDIVISION IMPROVEMENT 5.0843 PM 30292 EPC ARABY Cindy Berardi From: Carol Templeton Sent: Thursday, September 16, 2010 9:02 AM To: Cindy Berardi Subject: RE: PM30292: A4849 Northwoods- Palm Springs, LLC 'es ;arol Templeton, Engineering Associate Ity of Palm Springs Engineering Division lirect(760)323-8253 Ext. 8741 ax (760)322-8360 or 322-8325 'lease note new email address: ,arol.templeton@pa.l_mspringsca,_govov ttp://www.gcode.us/codes/palmsprings/view.php IOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING :OUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. 'ONFIDENTIALITY NOTICE—This e-mail transmission,and any documents, files or previous e-mail messages attached to it may contain iformation that is confidential or legally privileged.If you are not the intended recipient,or a person responsible for delivering it to the itended recipient,you are hereby notified that you must not read this transmission and that any disclosure,copying,printing,distribution or se of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission z error,please immediately notify the sender by telephone at(760)323-8253 X8741 or return e-mail and delete the original transmission and s attachments without reading or saving in any manner. rom: Cindy Berardi gent: Thursday, September 16, 2010 9.00 AM 'o: Carol Templeton subject: PM30292: A4849 Northwoods - Palm Springs, LLC :an the attached Subdivision Imp Agr be closed out? _inclq f5erat 7ePuty citq(-lerL Xfice of the City ClerL Ay of Palm Springs '. O. Box 2743 'aim Springs, CA 92262 F60) 322-8355 ndy..Berard@palmspringsca.goy 'lease note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on Fridays. 'lease consider the environment prior to printing this e-mail. Thank you! vi rl?ni n Northwoods-Palm Springs LLC Subdidvision Agr AGREEMENT 94849 R20863, 3-24-04 WY CLERK - --- --- --- ¢pFlIN03 -- - — 63 DOC a 2004-0276546 04/16/2004 08:00A Fee:NC Page 1 of 67 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder III IIIIII I II II II III III IIII II III IIIII I I III M 5 U PAGE SRE OA PCOR NOCOR SMF MISC A R L COPY +"LONG REFUND NCHG SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and NORTHWOODS-PALM SPRINGS, LLC Rd MOR WX 0" i TABLE OF CONTENTS Page 1. Construction Obligations. .................................................................................................2 1.1 Monumentation.....................................................................................................2 1.2 Intent of Monumentation Map..............................................................................2 1.3 Survey Monuments...............................................................................................3 1.4 Performance of Work............................................................................................3 1.5 Changes in the Work.............................................................................................3 1.6 Defective Work.....................................................................................................3 1.7 No Warranty by City.............................................................................................3 m 1.8 Authority of the City Engineer.............................................................................3 A m mo 1.9 Inspection..............................................................................................................3 N 1.10 Compliance With Law..........................................................................................3 a m 1.11 Final Acceptance of Monumentation....................................................................4 2. Time for Performance of Construction Obligations.........................................................4 2.1 Construction Commencement and Completion Dates..........................................4 2.2 Force Majeure.......................................................................................................4 2.3 Continuous Work..................................................................................................4 2.4 Time of the Essence..............................................................................................4 3. Labor.................................................................................................................................5 3.1 Labor Standards/Prevailing Wages.....................................................................-5 3.2 Nondiscrimination.................................................................................................5 3.3 Licensed Surveyor................................................................................................5 3.4 Worker's Compensation.......................................................................................5 4. Construction Security........................................................................................................5 4.1 Required Security..................................................................................................5 i I�III IIIIII II II II II I l0�II IIIII III II II II II 04 2004708:00R 8 of 67 r � TABLE OF CONTENTS (cont.) Pave 4.2 Form of Security Instruments ...............................................................................5 4.3 Subdivider's Liability...........................................................................................6 4.4 Letters of Credit....................................................................................................7 4.5 Release of Security Instruments............................................................................7 5. Cost of Construction and Provision of Inspection Service...............................................7 5.1 Subdivider Responsible for All Costs of Construction.........................................7 5.2 Payment to City for Cost of Related Inspection and Engineering Services.................................................................................................................7 6. Acquisition of the Easements............................................................................................8 6.1 Negotiated Purchase. The City shall attempt to ..................................................8 6.2 Condemnation. ..........................................................................I.........................8 6.3 Purpose of Acquisition and Subdivider's Financial Responsibility.....................8 6.4 Approved Costs.....................................................................................................8 6.5 Security for the Acquisition..................................................................................9 6.6 Direct Payments to Lessor and the Court. ............................................................9 6.7 Interest. ................................................................................................................9 7. Elimination of the Encroachment. ..................................................................................10 8. Default.............................................................................................................................10 8.1 Institution of Legal Actions ................................................................................10 8.2 Interest.................................................................................................................10 8.3 Choice of Forum.................................................................................................10 8.4 State Law ............................................................................................................10 8.5 Remedies Not Exclusive.....................................................................................10 8.6 City Right to Perform Work...............................................................................10 ii i II IN 04 60 2004 08400E 4 r TABLE OF CONTENTS (coat.) Page 8.7 Attorney's Fees and Costs..................................................................................10 9. Indemnity........................................................................................................................11 10. General Provisions..........................................................................................................11 10.1 Successors and Assigns.......................................................................................11 10.2 No Third Party Beneficiaries..............................................................................11 10.3 Entire Agreement; Waivers and Amendments ...................................................11 11. Corporate Authority........................................................................................................11 EXHIBITA ..................................................................................................................A-1 EXHIBIT ..................................................................................................................B-1 EXHIBITC...................................................................................................................C-1 EXHIBITD...................................................................................................................D-1 EXHIBITE...................................................................................................................E-1 EXHIBITF................................................................................................................... F-1 iii ' I IIIIII IIIIII IIII IIIIII IIIII III IIIIIIII III IIIII IIII IIII 04 20�5 0f 68400fl I, SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is entered into this q� day of NM� , 2004, by and between the City of Palm Springs, a municipal corporation of the State of California ("City"), and Northwoods-Palm Springs, LLC, a California Limited Liability Company("Subdivider"). RECITALS A. John Kim Munholland, John Kim Munholland, Trustee under the last will and testament of Dorothy C. Munholland, deceased, and Fanners and Merchants Trust Company of Long Beach, a California Corporation, as successor Trustee to Betty J. Munholland of the Mwiholland Family Trust under Declaration of Trust dated July 15, 1972 (collectively, "Lessor") is the fee owner of the real property which is the subject of Parcel Map No. 30292 in the City of Pahn Springs, County of Riverside, State of California("Property"). B. As Subdivider has a leasehold interest in the Property through June 3, 2059, Subdivider has obtained approval of a subdivision map for Parcel Map No. 30292 ("Map"). The Map subdivides the Property into two parcels, Parcel 1 and Parcel 2. Tentative parcel map No. 30292 contains conditions of approval for the development of the Property ("Conditions"). A true and correct copy of the conditions of approval and the Map are attached hereto and incorporated herein as Exhibits "A" and`B,"respectively. C. Subdivider has delivered to City and City has approved the Map which requires the setting of monuments, "Monumentation" (as hereinafter defined) which are required by law to be installed in order to accommodate the development of the Property. D. Conditions 8 and 14 of the tentative map require that Subdivider construct a bus shelter along the East Palm Canyon frontage in conjunction with the bus bay turnout on East Palm Canyon Drive. As set forth in a Grant of Easement which was executed prior to the execution of this Agreement, Subdivider has granted to the City, during the term of its leasehold interest, the easement necessary for the bus shelter. A true and correct copy of the grant of easement relating to the bus stop is attached hereto and incorporated herein as Exhibit"C." E. Condition 15 of the tentative map requires that Subdivider construct a sidewalk from Araby Drive through to East Palm Canyon Drive. As set forth in a Grant of Easement which was executed prior to the execution of this Agreement, Subdivider has granted to the City, during the term of its leasehold interest, the easement necessary for the sidewalk. A true and correct copy of the grant of easement relating to the sidewalk is attached hereto and incorporated herein as Exhibit"D." F. Condition 16 of the tentative map requires that Subdivider dedicate a 30-foot wide bike path. As set forth in a Grant of Easement which was executed prior to the execution of this Agreement, Subdivider has granted to the City, during the term of its leasehold interest, the easement necessary for the bike path. A true and correct copy of the grant of easement relating to the bike path is attached hereto and incorporated herein as Exhibit"E." 1003/006/29937.05 1 1111 HIM 1111111111111111111111111IN a4�a6 6a F4 67�66F G. Condition 18 of the tentative map requires Subdivider to convey a portion of the Property to the lessee of 1842 Araby Drive to eliminate an encroachment. Parcel 2, as depicted oa the Map, is the portion of the Property which is necessary to eliminate the encroachment. Subdivider has agreed to convey a leasehold interest in Parcel 2 to the lessee of 1842 Araby Drive. H. Because the public will be affected in 2059, if the existing bike path, bus shelter and sidewalk, as discussed above, expire as the public would lose the ability to use these easements (collectively, "Easements"), Subdivider has requested that Lessor also convey its reversionary interest in the Easements to the City, which would give the City a permanent interest in the Easements. However, Lessor has refused to convey its reversionary interest in the Easements to the City. Accordingly, as discussed herein, Subdivider agrees to fund the cost of the City's acquisition of the Lessor's reversionary interest in the Easements, including the costs of condemnation should the City elect to condemn the Lessor's reversionary interest in the Easements. I. Subdivider's agreement to: (1) convey its leasehold interest in the Easements, (2) construct and install the Monumentation, and (3) fund the acquisition of the Lessor's reversionary interest in the Easements, as set forth in this Agreement, are a material consideration to the City's approval of the Map for the Property and the issuance of certificates of occupancy for the apartment buildings ("Project") which Subdivider is constructing on the Property. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference, and in consideration of City's approval of the Map for the Property and issuance of certificates of occupancy for the Project, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Monumentation. Subdivider agrees, at its sole cost and expense with the time provided herein, to install or cause to be installed the monuments (herein sometimes collectively referred to as the "Monumentation"), as the same may be supplemented and revised from time to time. The estimated construction cost for the Monumentation is $1,000.00.• The Monumentation, which is required by law, shall be certified by a surveyor on behalf of Subdivider. 1.2 Intent of Monumentation Man. Approval of the Monumentation map referenced in Section 1.1 requires the complete setting of all Monumentation indicated, even though the Monumentation map may not specifically delineate all items of work required for the Subdivider to complete its tasks, such as incidental appurtenances, materials, and the like. Subdivider shall perform, or cause to be performed, all such work in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all statutes, codes and regulations, as well as the terms of this Agreement. If any additional information is necessary to carry out the full intent and meaning of the Monumentation map, Subdivider or its contractor 2 IIII HIM 1111111111111111111111111111 II 7 c�¢,s�7 of 67 amR shall immediately notify its design engineer who shall contact the City Engineer for approval and detailed instructions. In the event of any doubt or question regarding the true meaning of the setting of any of the Monumentation, the City Engineer shall be consulted and the City Engineer's decision thereon shall be final. 1.3 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(i) and, after setting the monument(s), Subdivider shall provide written evidence of having paid the engineer or surveyor for the setting of said monument(s) to the City Engineer. 1.4 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation and incidentals required to perform Subdivider's obligations under this Agreement. 1.5 Changes in the Work. The City Engineer, without invalidating this Agreement, may order extra work or may change the required work by altering or deleting any portion of the work as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare of the citizens of the City. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time that a determination is been made which requires a change in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.6 Defective Work. Subdivider shall at its sole expense cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.7 No Warranty by ity. The Map for which the setting of Monumentation is required has been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Map or related documents. 1.8 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor. 1.9 Inspection. The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.10 Compliance With Law. In addition to the express provisions of this Agreement and the Map, Subdivider shall cause construction of the setting of Monumentation to 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII 042/10604-02 of 04768400E be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.11 Final Acceptance of Monumentation. After Subdivider's contractor has completed all of the Monumentation, Subdivider shall request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, Subdivider shall request another final inspection of the work. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition precedent to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the second "final" inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the setting of Monumentation shall be construed as final acceptance of any part until the overall final acceptance by City is made and the Engineer of Record has submitted written confirmation to the City that the Monumentation has been set and that the Engineer of Record has been paid in full for said work. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. 2. Time for Performance of Construction Obligations. 2.1 Construction Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with the installation of the Monuments within sixty (60) days of the execution of this Agreement ("Commencement Date"); and (ii) complete or cause to be completed all of the setting of Monumentation within two (2) weeks after the Commencement Date. 2.2 Force Majeure. Notwithstanding the provisions of Sections 2.1 and 2.2, Subdivider's time for commencement and completion of the setting of Monumentation shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not be deemed to commence until after City has received written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder, and such period shall extend only for the actual time of the delay. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.3 Continuous Work. After commencing the installation of the Monumentation (including any portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period of more than five(5) days, events of Force Majeure excepted. 2.4 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement. 4 2094-6278546 3. Labor. 3.1 Labor Standards/Prevailing Wages. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the setting of Monumentation to comply with all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the setting of Monumentation shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, pregnancy, disability, cancer, military status, political affiliation, age, sexual orientation, gender identification, creed, color, national origin, ancestry,religion, sex, or marital status. 3.3 Licensed Surveyor. Subdivider shall cause all of the setting of Monumentation to be installed under the direct supervision of a California licensed land surveyor in conformance with the Monumentation map. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the setting of Monumentation to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Construction Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bond, letter of credit, instrument of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments'): (i) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.1 in the amount of$1,000.00. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) and shall meet the following minimum requirements or shall otherwise be in a form approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall 5 i 1llllllIIIIIIIIII IIIIIIIIII IIIIIIIIIII III IIII I II 04/106J004 NA 1 60 of : have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California which is acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts at financial institutions acceptable to City. (d) Personal Guarantee. For Security Instruments in the form of personal guarantees, Subdivider shall provide an unconditional personal guarantee in a form approved by the City Attorney that Subdivider will undertake or cause the work to be performed and shall timely pay all obligations hereunder. Subdivider shall provide any such information as City may require demonstrating Subdivider's credit-worthiness, or that of its principals. (e) Cash Deposit. Subdivider may elect to provide the City with a Security Instrument in the form of a cash deposit ("Monumentation Deposit") for the full amount of the required security specified in Section 4.l(a)(i). (f) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California(and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completion of the works of improvement, as specified in Section 2.1; however, Instruments of Credit and Personal Guarantees shall have no defined term or expiration date. (iii) Each Security Instrument shall provide that changes may be made in the works of improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to draw on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the 6 IIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIII III IIIIII III IIII 04�e6 2 0o£406 MA 7 giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require to satisfy the requirements of this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (which replacement letter of credit must be valid for a minimum of one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered at least thirty(30) days prior to the expiration of the original letter of credit, if such substitute letter of credit is not for the same amount, does not have the same terms and conditions as the initial letter of credit delivered hereunder, or is not issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event that the City draws on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Security Instruments upon faithful performance and satisfactory completion of the Monumentation upon Subdivider's written request, after the work has been completed, any City fees have been paid pursuant to Section 5.2, and the City has received written evidence that the Engineer of Record has been paid for said work, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for installation of the Monumentation. 5.2 Payment to City for Cost of Related Inspection and En ineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the setting of Monumentation. hi addition, Subdivider shall compensate City for all of the City's costs incurred in connection with the design, plan check, and evaluation of any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional 7 -0276546 (IIII II I I II III IIII III IIII II II II II III III 04 i���12 4£067 inspections or a final inspection and acceptance of any of the Monumentation until all of the City's fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acquisition of the Easements. 6.1 Negotiated Purchase. The City shall attempt to acquire Lessor's residual interest in the Easements ("Lessor's Interests") by negotiated purchase. The City shall first arrange for the appraisal, by an MAI appraiser, of Lessor's Interests. City shall then make a written offer to acquire Lessor's Interests for not less than the fair market value, The City shall also obtain a Litigation Guarantee from a title company selected by City. 6.2 Condemnation. If, after and despite its best efforts to do so, City is unable to acquire the Lessor's Interests by negotiated purchase, City shall conduct the necessary analysis to determine, in City's sole discretion, whether to attempt to acquire the Lessor's Interests by exercise of its power of eminent domain. If City elects to initiate a condemnation act, City's condemnation, for the purposes of this Agreement and Subdivider's obligations, shall be limited to the acquisition of Lessor's Interests. Lessor's Interests include, but are not limited to, the Lessor's residual interests in the bus shelter, sidewalk and bike path, as constructed by Subdivider. City has informed Subdivider that, in connection with condemnation proceedings, a noticed hearing is held to adopt a Resolution of Necessity and that the City cannot commit itself to condemnation of property until after this hearing is held and the testimony given at the hearing has been considered. Accordingly, the Subdivider understands that the City is not obligated by this Agreement to actually acquire the Lessor's Interests, and that the City is free to exercise its discretion in the event the City considers condemnation. Nothing in this Agreement shall be deemed a prejudgment or commitment with respect to condemnation, or a guarantee that such condemnation will be undertaken. If City does not approve condemnation following such hearing and any continuation thereof, Subdivider shall have no further obligation hereunder for the acquisition of same. 6.3 Purpose of Acquisition and Subdivider's Financial Responsibility. Because the public would be affected in 2059 should the Easements disappear upon the termination of Subdivider's leasehold conveyance of the Easements to the City, City may acquire, including through condemnation, the Lessor's Interests. In undertaking the acquisition of the Lessor's Interests, or should condemnation be necessary, Subdivider shall fund all costs incurred by the City in connection with the acquisition including condemnation of the Lessor's Interests. "All costs incurred by the City in connection with the, acquisition including condemnation of the Lessor's Interests"includes, but is not limited to, the "Approved Costs" set forth in Section 6.4 below. 6.4 Approved Costs. Subdivider shall pay all of the City's costs incurred in connection with the acquisition including condemnation of the Lessor's Interests. Such costs shall include, but not be limited to, the fees for all necessary appraisers; any other necessary consultant expenses; the cost of a Litigation Guarantee or any other title expenses; the costs of any real estate transaction including closing costs; litigation expense including filing fees and other court costs, the costs of taking depositions expenditure and other litigation expense; all attorney fees; the amount of"just compensation" for the Lessor's Interests as determined by a 8 IIIIII IIIIII I II IIIIII IIIII III IIIIIIII III IIIIII III IIII 04 6©P 0of 62 jury or a settlement; any other amounts awarded in condemnation including all business damages including good will, any bonus value to any leasehold interests, any severance damages, any pre- condemnation damages and any award of attorney fees; any costs to appeal a judicial determination; and any interest on the amount awarded as just compensation. 6.5 Security for the Acquisition. (a) Deposit. Concurrent with the delivery to City of this Agreement executed by Subdivider, Subdivider shall make a "Deposit" with the City in the amount of Twenty Six Thousand Dollars ($26,000) as an advance on the expenses that the City will incur in the City's endeavor to acquire the Lessor's Interests. This Deposit has two (2) components. The_ first component is Twenty Five Thousand Dollars ($25,000) which shall be used to fund all costs incurred by City in connection with the acquisition including condemnation of the Lessor's Interests. The second component is One Thousand Dollars ($1,000) which shall be Subdivider's Monumentation Deposit. Prior to depletion of the Deposit, the City shall give Subdivider written notice of the need to deposit additional funds and the amount thereof, and Subdivider shall deposit such additional amount within thirty(30) days thereafter. The City may continue to ask for, and shall promptly receive, additional deposits from the Subdivider until the City obtains title to the Lessor's Interests. (b) Refund of the Deposit. Within sixty(60) days of close of escrow or the City's receipt of a Final Judgment in Condemnation, a Stipulation for Judgment in Condemnation or a similar court order or grant deed, or similar instrument conveying Lessor's Interests to City, City shall refund any unused portion of the Deposit, minus additional anticipated costs and expenses, if any, to Subdivider. (c) Guarantee. In addition to the Deposit, concurrent with the execution of this Agreement, Subdivider shall provide City with a five-year Personal Guarantee ("Guarantee") in substantially the same form as Exhibit "F," attached hereto and incorporated herein by this reference. The Guarantee shall be personally guaranteed by Wyn C. Holmes, Subdivider's Managing Member. The Guarantee shall be forgiven if Subdivider makes all required payments hereunder when due. However, in the event of termination of this Agreement where (i) there is a default of Subdivider, (ii) the Subdivider has failed to cure such default as provided herein, and (iii) the City has terminated this Agreement, the outstanding balance on the Guarantee shall be payable within five (5)business days. 6.6 Direct Payments to Lessor and the Court. If requested by the City, Subdivider shall pay directly to the Lessor any settlement or other amounts necessary for the City to acquire the Lessor's Interests. Similarly, if requested by the City, Subdivider shall pay directly to the court the amount necessary for the deposit of the probable amount of just compensation to Lessor for the condemnation of the Lessor's Interests. 6.7 Interest. In the event Subdivider fails to satisfy any demand for payment by City hereunder, and City incurs any expense, Subdivider shall be responsible for the 9 I IIIlilllllllllilll II IIIIIIIIIIIIIIIII IIIIIII III sa 204-027 Is0s eof 67seA reimbursement of such expense and shall pay interest from the date City incurs such expense at the rate of eight percent (8%). 7. Elimination of the Encroachment. To satisfy Condition 18, Subdivider shall, prior to or concurrent with the execution of this Agreement, execute a grant of leasehold conveying its leasehold interest in a portion of the Property, which is depicted on the Map as Parcel 2, to the lessee of 1842 Araby Drive. This grant of leasehold shall be recorded. 1842 Araby Drive and the Property are both subject to the same master lease with Lessor, such that the leases for both properties will expire on June 3, 2059. Accordingly,the encroachment will expire when the Map expires and the leases terminate. 8. Default. 8.1 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute a legal action to cure, correct or remedy consistent with the purpose of this Agreement. 8.2 Interest. In the event of a default or breach by Subdivider which continues beyond any applicable notice and cure period, City shall be entitled to reimbursement from Subdivider of all costs and expenses incurred by City incurring the default plus interest at eight percent (8%). 8.3 Choice of Forum. Legal actions must be instituted and maintained in the appropriate court in the County of Riverside, State of California. 8.4 State Law. The laws of the State of California shall govem the interpretation and enforcement of this Agreement. 8.5 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.6 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event that Subdivider fails to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or should Subdivider thereafter fail to ,diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.7 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including any costs of a lawsuit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be 10 I IIIIII IIIIII(III IIIIII IIIII III I IIIIII III IIIIII(IIIIII 04 6Q 1 0oof 67008 entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal. Additionally, a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, including the costs of taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of: (1) Subdivider's performance or failure to perform the installation of the Monumentation in accordance with the requirements contained or referenced in this Agreement, (2) the acquisition including condemnation of the Easements, (3) the conveyance of Parcel 2 and (4) the approval of the Map. Said indemnity obligation shall apply to personal injury, death,property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of drawing on any Security Instrument provided by Subdivider pursuant to the terms hereof and shall survive the termination or expiration of this Agreement. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor,member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. It. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 11 IIIIII II III III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 04 106/16 oof'06700q [SIGNATURES ON FOLLOWING PAGE] 12 IIII HIM 1111111111111111111111111111111104 17 200of0 67 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA atricia A. Sanders, City Cleric David Ready, City M r APPROVED AS TO FORM: APPROVED Oy THE CM MUKUL C' ttorney SUBDIVIDER: Northwoods-Palm Springs, LLC, a California Limited Liability Company (Check One: —individual, partnership, )e corporation) By yn C Imes, Managing Member By Mailing Address: 1678 W. Arrow Highway, #141 Upland, California 91786 13 IIII Hill 1111111111111111 Ili HIM 1111111 eana01 0or 670eR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of \� E r' 1 J � T . /� \� y- - - - - On A I ) P� y7.0-2t'�.beforeme, cSy� \ 1 YI R , N'Vt. Di �V I't ryPU��tl _ Date I ff (( Name and Tile cf oorlo (e 9."Jane Doe, Iary Public") q personally appeared Eh V I lH �u�1�/ G h 4 tC f i �.i q S� �ml FYS rNamels)of Slgner(s) Apersonally known to me r m,. to be the person& whose ni I&are JUDITH A.NICHOLS subscribed to the within instrument and COMM.$1261786 m acknowledged to me that the executed ri ^t Notary Public-California UJ the same in /the authorized fu ,? , °1 RIVERSIDE. COUNTY + capacitfi5 , and that by h% { the My Cwn.Exp.May 21,2004 signature(L)on the instrument the personS or the entity upon behalf of which the person(s) acted, executed the instrument. WI NESS my an and official seal. Signature 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 Type of Doc`ufinent:sC)IW! 6� 10 n WI(�'�r o V,0 T'1 P 41t R y.c f At(eiq Document Date: �u oc�' �. t`l Q H 0 i,J C `7 Number of Pages: f 7�� J (� 7 � Rol ` Signer(s)Other Than Named Above:I a V\A i-1 C- h, \ Ira f W-yh C., Rol Y k P—S Capacity(ies) Claimed by Signer J Signer's Name: U A H R,*aA�V' andQtr,\6,ci {1 aylAPrs ❑ Individual rr 1 I n Top of mvmb Here ,t'I'CorporateOfficer—Title(s): 1 I1y N\nrti ^t"e 4 ❑ Partner—❑Limited []General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999Nallonal Notary Asociallon•9359Desolo Av..,P.D Bax 2462•Chalsvretlh,CA 91313-24o2•www na0enalnolaryorg Prod No.5907 Reardec Cell TolFFreo 1-6003766627 1111111111111111111111111111 64 16�19 z004£088706R EXHIBIT A A-1 I003/006/29937.05 1, �FRDVED BY KANN'" COIiIMtSSIA1' DateRJ "0U Initial.:Ef� � RESOLUTION NO. 19992 APPROVED BY CITY COUNCIL :Ise s .a f 3 Date Initial4� EXHIBIT A 'asolution #jQ�Q�Ordinance x -- Conditional Use Permit No. 5.0843 APPROVAL sUB1ECT TO ALL REQUIRED �nNWTMN5 By ABOVE BODIFq Friend Development Palm Springs, LLC Southeast corner East Palm Canyon Drive and Araby Drive February 14, 2001 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. m Any agreements, easements or covenants required to be entered into shall be in a form 0 o approved by the City Attorney. PLANNING: e p 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its C agents,officers,and employees from any claim,action,or proceeding against the City of Palm Springs or its agents,officers or employees to attach,set aside,void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0846. The City of Palm Springs will promptly notify the applicant of any such claim, action,or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs orwill advance funds to payfor defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,thereafter, be responsible to defend, indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matterfollowing an adverse judgement orfailure to appeal,shall not cause a waiver of the indemnification rights herein. 3. Commencement of use or construction under this Conditional Use Permit and Architectural Approval shall be within two(2)years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. Construction documents shall be subject to review and approval by the Planning Commission prior to issuance of building permits. EXHIBIT "A" IIIIIII�IIIIIIIIIIIIIIIIIIIII IIIIIIIIII lIIIIIIIIIIII 209210 B67 64,11612002 08100fl ;t Case 5.0843 - Conditions of Approval February 14, 2001 Page 2 of 13 5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption Is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 6. The appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 7. A revised preliminary landscape plan shall be submitted to the Planning Commission within 30 days of Planning Commission approval of the requested Conditional Use Permit and Architectural Approval. 8. Final landscaping,irrigation,exterior lighting,,and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Park South Homeowners Association shall review the final landscape plan prior to Department of Planning and Building approval for issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 9. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 10. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 11. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 12. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 13. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 14. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 15. Pursuant to an agreement between the applicant and the Park South Homeowners Association,the applicant shall provide,at the applicant's expense,a new monument sign identifying the Park South condominium development. Said sign shall be subject „ I IIIIII IIIIII Iiil IIIIII IIIII III iillllil III IIIIIII II IIII 04 �Q 2004£0 87 00R Case 5.0843 - Conditions of Approval February 14, 2001 Page 3 of 13 to review and approval by the Department of Planning and Building. 16. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate anyfixtures or-equipment tobe located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6” above the equipment for the purpose of screening. 17. No exterior down spouts shall be permitted on anyfacade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 18. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 19. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 20. The street address numbering/lettering shall not exceed eight inches in height. 21. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building Official. 22. An exterior lighting plan in accordance with the Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning&Building priorto the issuance of building permits.A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 23. If proposed, parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 24. Parking lot lighting shall be primarily from carport structures mounted above parking spaces and shielded from direct view, as to minimize impacts on adjacent properties, to the satisfaction of the Director of Planning and Building. 25, Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code .. r•f IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIii llilll 04Q6 200a 06700R Case 5.0843 - Conditions of Approval February 14, 2001 Page 4 of 13 regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial projects or 114%for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 27. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 30. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s)of the project. Said transformer(s)must be adequately and decoratively screened. 31. An Administrative Minor Modification shall be granted for reduced setbacks from East Palm Canyon prior to issuance of a building permit. 32. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 33. Parking stalls shall be delineated with a 4 to 6 inch double stripe-hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 34. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 35. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 36. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces,but not less than one(1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 37. Handicapped accessibility shall be Indicated on the site plan to include the location of Case 5.0843 - Conditions of Approval February 14, 2001 Page 5 of 13 handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 38. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 39. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 40. All parking areas shall be adequately screened pursuant to Section 93.06.00 of the Zoning Ordinance, including the use of decorative screen walls in the streetscape areas between on-site parking areas and the public streets. As such, four foot high walls and/or berms are required. Should berming be used adjacent to retention m basins for on-site drainage, the berming shall fit aesthetically and shall not include 0 o extreme slopes for either the berms or the retention basins. If walls are utilized, the mNN design, height, texture and color of the walls shall be submitted for review and N; approval bythe Directorof Planning and Building priorto issuance of building permits. a m 41. The final design of the vehicular access points, which include access gates, turn- around areas, on-site circulation, etc. shall be submitted for review and approval by the Director of Planning and Building and Fire Marshal prior to issuance of building permits. 42. The City will vacate to the applicant a six-feet(plus or minus)strip of land along the public right-of-way immediately north of the 30-foot access road in order to accommodate both the 30-foot wide access road and a five-foot sidewalk on the south side of the access road. Once the strip of land is vacated by the City, the applicant will include on the map the precise location of the 30-foot access road. .� 43. The applicant shall grant the City an easement for a bikeway on the 30-foot access road. C 44. A heavy landscape hedge shall be provided and maintained in a five-foot wide area on the outside of the six-foot high perimeter wall along the private street immediately south of the project, to the satisfaction of the Director of Planning and Building. 45. The applicant shall provide, at the applicant's expense,a decorative,electronic swing arm access gate at the west end of the existing private street located south of the project for the Park South Condominium project. Said access gate shall accommodate disabled access and shall include a turn-around area to accommodate stacking for at least two automobiles. Said gate shall be subject to architectural review pursuant to Section 94.04.00 of the Zoning Ordinance. Power source for operation of said gate shall come from Park South Homeowners Association. 46. The applicant shall provide,at the applicant's expense,two remote control devices for each condominium unit in the Park South Condominium project to activate the electronic swing arm access gate to be provided at the east end of the existing private Case 5.0843 - Conditions of Approval February 14, 2001 Page 6 of 13 street located south of the project. 47. The applicant shall provide,at the applicant's expense,lighting fixtures to up-light the existing palm trees along the existing private street located south of the project, as well as lighting fixtures to illuminate the existing private street located south of the project. Power source for operation of said fixtures shall come from the applicant's property. Said lighting fixtures shall comply with Section 93.21.00 of the Zoning Ordinance. 48. The applicant shall provide;at the applicant's expense,gates in the existing perimeter walls at 1796 Araby Drive and 1798 Araby Drive, said gates to be located such that a clear path of travel is provided from the rear yards to the public way. 49. Heavy landscaping shall be provided between the apartment buildings and the six-foot m perimeter wall where the two-story apartment buildings (specifically Buildings 5 and 6) are adjacent to existing single-story, multi-family units on the south end of the project. The existing hedge located between the existing single-story multi-family units and the proposed two-story apartment units shall be replaced with mature, dense hedges to the satisfaction of the Director of Planning and Building. a m 50. The applicant shall include on the parcel map an adjustment to grant to the owner of 1842 Araby Drive the portion of the applicant's property currently in use as an outdoor patio area at 1842 Araby Drive. 51. Asix-foot high perimeter wall and heavy landscape screen shall be provided along the east property line to screen the project from the adjacent commercial use to the east, to the satisfaction of the Director of Planning and Building. 52. The project shall complywith all Title 24 regulations,as well as California Multi-Family Disabled Access regulations. 53. Color and finish of both sides of all perimeter walls shall be constructed with decorative block. 54. A bus shelter shall be constructed along the East Palm Canyon Drive frontage in conjunction with the bus bay turnout on East Palm Canyon Drive. The design of the shelter shall be integrated architecturally with the architecture of the buildings, to the satisfaction of the Director of Planning and Building. Contact SunLine Transit Agency, for details regarding bus stop furniture/shelter requirements and maintenance requirements. 55. Gated and secured pedestrian connections from the public sidewalk along East Palm Canyon Drive and Araby Drive into the project shall be provided to the satisfaction of the Director of Planning and Building. 56. Two gated and secured pedestrian access points into the project shall be provided along the 30-foot wide access road located on the north side of the project. POLICE DEPARTMENT: .3 Case 5.0843 - Conditions of Approval February 14, 2001 Page 7 of 13 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 1. Construction shall be in accordance with the1998 California Fire Code, 1998 California Building Code,City of Palm Springs Ordinance 1570,Desert WaterAgency requirements,NFPA 13, 14,24,70,72 and 760 plus UUCSFM listings and approvals. 2. Approved numbers or addresses shall be plainly visible and legible from the street or road fronting the property per 1998 California Building Code,Chapter 5,Section 502. 3. Fire Department Access Roads shall be provided and maintained in accordance with �mh the 1998 California Fire Code, Article 9, Section 902 and local ordinances. a BUILDING DEPARTMENT: m CNN 1. Prior to any construction on-site, all appropriate permits must be secured, a m ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved,such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit.Work shall be allowed according to Resolution 17950- Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreementsilicenses, covenants, reimbursement ' agreements, etc. required by these conditions. EAST PALM CANYON DRIVE 3. bedicat4 additional right-of-way as required to incorporate the bus turn out 6hd adjacent 8 foot wide sidewalk. i 111111 fllllf Ifll HIM 11111111111111111111111111111 IN 04�as z0 04 a 6¢0aR Case 5.0843 - Conditions of Approval February 14, 2001 Page 8 of 13 3A. Developer shall apply for the vacation of the south 7 feet of the Palm Canyon Drive East right-of-way from at point 83 feet±east of the northeast corner of the tract to the southeast property line. Developer shall be responsible for final resolution of all utilities, demolition of all existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer priro to the submittal of the street improvement plans. 4. Construct an 8 inch curb and gutter, 38 feet SOUTH of the existing construction centerline along the entire frontage, with a 35 foot radius curb return at the intersection of Araby Drive per City of Palm Springs Standard Drawing No. 200. 5. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST comer of the intersection with Araby Drive per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 6. Construct a 160-foot long by 10-foot wide bus turn out on the EAST PALM CANYON DRIVE frontage beginning at the ECR of the southeast corner of the intersection of Araby Drive. The configuration shall be approved by the City Engineer in conjunction with SunLine Transit.Contact SunLine Transitfor details regarding bus stop furniture/shelter requirements. Developer shall construct shelter inclusive of furniture and lighting. 7. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. ARABY DRIVE 8. Construct a 6 inch curb and gutter,20 feet EAST of centerline along the entire frontage of the subject property, with a 35 foot radius curb return at BOTH SIDES of the intersection with the ACCESS ROAD and at the intersection with East Palm Canyon Drive per City of Palm Springs Standard Drawing No.200. 9. Construct the BOTH SIDES of an 8 foot cross gutter and spandrel at the intersection of ARABY DRIVE and ACCESS ROAD with a flow line parallel to the centerline of ARABY DRIVE in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 10. Construct a minimum 5 foot wide,s.idewalk'hehind the curb along the entire frontage in accordance with City ofPalm Springs Standard Drawing No.210. 11. Construct a curb ramp meeting current California State Accessibility Case 5.0843 - Conditions of Approval February 14, 2001 Page 9 of 13 standards on BOTH SIDES of the intersection with the ACCESS ROAD per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 12. Remove and replace existing pavementwith a minimum pavement section of 3 inch asphaltconcrete pavement over6 inch aggregate basewith a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRIVATE ACCESS ROAD (Easement) 13. The ECR(end of curb return)on the north side of the Access Road shall be a minimum of 40 feet south of the BCR(beginning of curb return)on the south side of East Palm Canyon Drive. m 14. The centerline curve radius shall be a minimum fo 130 feet. N�0 m ow 15. Construct a 6 inch curb and gutter, 15.00 feet FROM BOTH SIDES of centerline along the entire frontage, with a 35 foot radius curb return at the INTERSECTION WITH ARABY DRIVE per City of Palm Springs Standard Drawing No.200. 16. The two (2)west driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum widths of 24 feet. r The east driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No.204 and have minimum widths of24feet. r 17. Construct a minimum 5 foot wide sidewalk behind the curb on the SOUTH side of the access road in accordance with City of Palm Springs Standard Drawing No. 210. 17A. A pedestrian access easement for the 5 foot wide sidewalk, the curb ramp area and access to Palm Canyon Drive East (at the southeast corner of the tract) shall be dedicated to the City on the parcel map. 18. Construct a curb ramp meeting current California State Accessibility .standards at the NORTHEAST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. Construct a curb ramp meeting current California State Accessibility standards at both sides and across the median island of the main driveway per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 19. Remove and replace existing pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal,from edge of proposed gutter to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. The Case 5.0843 - Conditions of Approval February 14, 2001 Page 10 of 13 pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 20. The curb face on the north side of the street shall be painted red to designate NO PARKING. SANITARY SEWER 21. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 22. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the �mw first submittal of the Grading Plan. mow 23. Submit a Grading Plan prepared by a Registered Professional to the N Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the ..:� Engineering Department. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning S Department. D. Copy of Title Report prepared/updated within past 3 months. C E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board(Phone No.916 657-0687) to the City Engineer prior to issuance of the grading permit. 24. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep -to keep nuisance water from entering the public streets, roadways, or gutters. 25. In accordance with City of Palm Springs Municipal Code,Section 8.50.00,the developer shall post with the City a cash bond of two thousand dollars ($2,000.00)per acre for mitigation measures of erosion/blowsand relating to his property and development. 1 . i J 1 Case 5.0843 - Conditions of Approval February 14, 2001 Page 11 of 13 26. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 27. The hydrology study mitigation measures shall be incorporated into the grading plan. 28. Contact the Building Department to get PM10 requirements prior to request for grading permit. 29. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the 01 export of native soil from the site will be required to present a clearance m° document from a Department of Food and Agriculture representative in the mm form of an approved "Notification of Intent To Move Soil From or Within N a Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA m Form CA-1) or a verbal release from that office prior to the issuance of the C City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert.(Phone:760-776-8208) C DRAINAGE 30. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure.On-site retention/detention or other measures required by the approved hydrology study shall be included on the grading plan. 31. The project is subject to flood control and drainage implementation fees.The acreage drainage fee at the present time is$7,271.00 per acre per Resolution r No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 32. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 33. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 34. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to matrh Pv�--tinn r-1 r ,t r - 2004-0276546 IIII HIM111111111111111111111111111111 IN ®a,ie,al of 67 0R Case 5.0843 - Conditions of Approval February 14, 2001 Page 12 of 13 one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 35. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 36. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department priorto issuance of the certificate of occupancy. 37. The owner shall enter into a covenant agreeing to underground all existing overhead facilities on/or adjacent to this property that are less than 35 W in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of a grading permit. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 38. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 39. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 40. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 41. The existing lots or parcels shall be combined.The developer shall submit a parcel map prepared by either a Registered Civil Engineer ora Licensed Land Surveyorto the Engineering Department.This condition shall be complied with before issuance of grading or building permits. 42. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures forthe existing parcel and all lots created therefrom,and copies of record documents shall be submitted with the Parcel Map to the Engineering Department. 43. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 44. The developer shall provide a minimum of 48 inches of sidewalk clearance e I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIIII IIIIIIII 0426�320af06400R Case 5.0843 - Conditions of Approval February 14, 2001 Page 13 of 13 around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE EAST, ARABY DRIVE and ACCESS ROAD frontages of the subject property. 45. The developer shall have restriping plans approved by the City Engineer and shall restripe the Araby Drive approach to East Palm Canyon Drive prior to issuance of a Certificate of Occupancy. The striping on East Palm Canyon Drive shall be modified to transition traffic going eastbound through the Araby Drive intersection. 46. The developer shall be responsible for the relocation and modification of the existing traffic signal poles, conduit,pull boxes and all appurtenances located on the SOUTHEAST corner of PALM CANYON DRIVE EAST and ARABY DRIVE in accordance with the requirements of the City of Palm Springs. 47. A 30 inch"STOP"sign and standard"STOP BAR"and"STOP LEGEND"shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: Araby Drive @ Access Road 48. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards oras directed bythe City Engineer.As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California,Department of Transportation,"MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996, or subsequent additions in force at the time of construction. 49. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use. 1111111111111111 HIM 11111 III 11111111 II III 1111 IN 94 113 0o£0 6409R EXHIBIT B 1003/006/29937.05 B-1 IIIIII IIIIII Iil IIIIII IIIIi III IIIiIIII III IIIiI IIII iiil 2 © 04 B 0 a£0 6 OCR 37 IN THE CRY OF PALM SPRINGS SHLLT7 1 OF 2 SHIM, RECOROER•5 SDATEMEM COUNTY OF RIVERSIDE, STATE OF CALIFORN LA PARCEL MAP NO. 30292 FILED THIS DAY T ZOO. AT M. IN BOOK_� OF MAPS AT THE AT THE Y OF P S DF 1HE CITY CLERK OF THE CID'OF PALM SPRINGS. BEING A PORTION OF LOT 2, SECTION 25. TAS., R.4E S.B.B. & M. AS SHOWN ON MAP OF NO. PALM VALLEY COLONY LANDS. MAP BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS, FEE FOMOTOR ENGINEERING MAY, 2003 BAR,L ORCK,COUNTY A53650R-RECORDER. CLERK BY: DEPUTY SUBDIMSION GUMANTEE CHICAGO TRLE COMPANY SUBDMDER'S STATEMENT SURVEYOR'S STATEMENT TAX BOND CERTIFICATE PURSUANT TO SECTION 68445 C),WE HEREBYTHV WE ME TXE OWNERS OF OR I HEREBY CERTIFY THAT A BOND IN THE SUM OF S—H15 BEEN EUMUIED µD FILED ( THIS 4M WAS PpEPAPEO BY ME OR UNDER MY dRECS10H AND IS BASED UPON A FIELD WITH THE BOARD OF SUPEFMSOM OF THE COUNTY OF R RSIDE,CAUFORNIA CONDITIONED HAVE SOME INTEREST IN THE LWD INCLUDED jr"W(M THE SUSOMSION BHOWN HEREON; SDRVEY IN CONPORIMNCE WTIM THE R%DIREMENT OF THE sVBl ON MAP ACT AND LOCAL UPON THE PAYMEM OF ILL TAPES, SPATE COUNTY, MUNIGPAL,OR LOLL, MD ALL sPEC41 THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR ORDINANCE AT THE REQUEST OF FRIEND DEYELO IM WTPALM SPRINGS,LLC„ ON APRIL ZU02. ASSESBMFNfS CO CIEO AS TAXES.WHICH AT THE THE OF FILING OF THIS M P WITH WE IEASEHOLO TITLE TO SAO LAND:THAT WE CONSENT TO THE MAXIM AND RECORDING OF I HEREBY STALE THAT THIS PARCEL MAP SUBSTANRALY CONFORMS TO THE APPROVED OR COUNTY RECORDER ME A UEN AGVMST BAD PROPERTY, BUT NOT YET PAYABLE.AND SAID THIS SUBDMSICN MAP AS SHOWN WITHIN THE DISTINCTry BORDER LINE CONDMONMLY APPROVED TENIATNE MAP, IF MY.ALL MONUMENTS ME OF THE CIWNCTER BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPEMORS. MDRX/U B THE E POSITIONS INDICATED,AND THE MONUMENTS ARE SUFFICIENT TO ENABLE THE IE RETRAC M ED: . 2Q— RANDY ROMERO CAM TAX BOND DATED: .30_ CLERK OF THE BOARD OF SUPER.1SORS PAUL MCDOMM COUNTY TAX COLLECTOR NORTHWOODS-PALAI SPRINGS. LLC,A CAUFCMIA UMTED UABIUIY COMPANY PHB31P K.FDMOTOR LS. NO. 7070 uyo EXPIRATON DATE 12/31/09 �4O W4 BY: BY: I '9 DEPUTY DEPUTY ITC WM C. HOLMES, MANAGING MEMBER NR". NOTARY ACKNOWLEDGMENTe.P. ter. TAX COLLECTOR'S CERTIFICATE FIRST BANK AND TRUST.A CAUFORN4\CARPOMTON,AS BENEFICIARY AND TRUSTEE STATE OF CAIIFORNN I HEREBY GERBFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE,AS OF THIS MM UNDER D®OF TRUST RECORDED JMWRY 3, 2003 AB INSTRUMENT N0. COUNTY OF S5: WERE ME NO LENS ARMNST THE PROPERTY SHOWN ON THE WNMIN MAP FOR UNPMO 200}OCallO,OF UST RE RECORDS. STATE.COUNTY.MUNICIPAL., OR LOLL TAKES OR SPECIAL.ASSESSMENTS COLLECTED AS ON . BEFORE ME, A NOTARY PUBLIC IN MO TAXES,MEG,TAXES OR SPECML AG M&MEM5 COLLECTED As TAKES NOW A URN BUT NOT 'I FOR SAD STATE, PERSONL.LY APPEARED YU PAYAB E. WHICH ME MALATID TO BE{ BY. PERSONALLY KNOWN TD ME OR PROYID TO ME ON THE BASIS OF MTSFACfORY EMDENCE TO MMRIN HIME.VICE PRESIDENT BE THE PMSON(5)WHOSE NAME(S) IS/ME SUBSCRIBED TO THE WITHIN INSTRUMENT AND MTEP. .20_ PAUL MCDONNELL ACKNOWLEDGED TO ME THAT HEjSHE/THEY EXECUTED THE MARE IN HIS/HER/THSR COUNTY TAX COLLECTOR UMENT WEHORIZEDPERSON(9}PAND THAT BY OF WEE ENTV UPON SONALF OF WHCH WE PE RON(S)ACTED,ON WE IEUDDLIN) B: DEPUTY THE INSTRUMENT. WIMESS MY HAND AND OFFICIAL SEAL SI6IU,TURE CITY CLERK'S STATEMENT NOTARY PUBLIC IN AND MR SAID STATE PRINTED NVAE: CITY CLERK AND PHK Do ASSESSOR OF TXE CA COUNCIL N IN OE�f.IYN'I FA P R SPAI�NCO STATE OF C DAY OF DO HERESY STATE 04. LILY CITY COUNCIL MY COMMISSION EXPIRES; AT ITS REGULVR MEETING ON THE__�OAY OF 20D4, DULY APPROVED THE MNIXFD MAP OF PARCEL MAP N0.30292. MY PRINCIPLE PUCE OF BUSINESS IS IN: COUMY THE TENTATIVE MAP FOR PARCEL MAP 30292 WAS APPRDAD BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE—OAY OF 2003. i IGNATURE OMISSIONS NOTARY ACKNOWLEDGMENT DAM: ,GO_ CITY URSUANT TO SECTION B6A30 OF THE SUBONTSION MAP ACT,THE SIGNATURES OF THE STATE OP CALWORNW lt CRY CLERK ANDL OF WE CITY OF IO ASSESSOR OF OLLOWING EASEMENT HOLDERS HAVE BEEN GUTTED. COUNTY OF l 65: THE CITY COUNCIL OF THE _ / PANT SPRINGS 'EASEMENT FOR AN UNDERGROUND PIPE LINE OR PIPE LINES AND CONDUIT.AHD ON BEFORE ME, A NOTARY PUBLIC IN AND IGENTK PRIL 1 . 126 FAVOR OF PALM SPRINGS WATER COMPANY,A RECORDS. ATON, FOR ONES STATE, PERSONALLY APPEARED _OROLD APRII 14, 1R61,IN BOOK 3085,PALE 4:3 OF OFFICIAL RECORDS. BERMEREY KNOWN TO SE A PS) IS i0 ME ON THE BM19 OF SATSFACIORY E110ENCE TO N EASEMENT FOR UNDERGROUND ELECTRIC MD TELEPHONE UNES AM APWRTEMNLES,MO ME PERSON($)WHOSE NAMESH THEe SUBSCRIBED TO THE WITHIN INSIRHER/ UR MO CIK ENGINEER'S STATEMENT IgOENTAL PURPOSES,IN FAVOR OF CAUFORNIA ELEFIRIC POWER COMPANY,MO IN FAWR OF ACKNOWLEDGED TO LIE THAT NE/SHE/T1EY IXECIt{ED THE SAME NE HiSjHERJMER AUMRHM WATER µD TELEPHONE COMPANY,RECORDED MAY 5, 1961.IN BOOK 2901.PAGE ALTIXOR6ID CMACIIY(IM).MO THAT BY HIS/HER/INEIR SIGMTURE(5)ON THE INSTRUMENT I HEREBY STALE RAPT 1 HAVE EXAMINED THE WTXIN µNIXED MAP OF PARCEL WP NO.30]82 OF OFFICIAL-RECORDS.AFFECTS PARCELS 42 AND 43 OF WE RECORD OF SURVEY MAP THE PERSONS) OR THE ENTRY UPON BEHALF OF WHICH THE PERSON(S)ACRO,EXEGUIM S011ECONE S I WHO(2)SWEET, I%THE SUBOR SIONAPP SHOWN HEREON S HEREOF.THATAU�y THE POK 32,FACETS)39 AND 90.RECORDS OF RNETIDE COUNTY,CAUFORRLA THE INSTRUMENT. SAME AS B OF THEEAR S ON THE TEMATNE MM I` APPROVED ARDININ IM THEREOF,THAT ALL E () TIME OF A R THE➢FATE SUBUINS{ON MAP ALE µD LOCAL LED WIM,A D THAT I,F AT THE EFFECT OF A DOCUMENT EN D A 'LRAM OF SBAND AND WIM AND EMI. 4, 1997 BY AWITN SS,MY HAND µD OFFlCIK sEAI TIME OF THAT BA OF THE ITECHNI E MAP HAVECORRECT. BEEN COMPLIED WITH,AND THAT I µ BETWEEN SE_W, EEL MO A.J. LAJAR, HUSBAND NU WIFE A19 E.DONO NFEL, SATGFlID THAT SIJO MAP Is TECHNICALLY CORRECT. NRBARA G HEEL THE HEEL 74, TRUST OEID MTED JANUARO A. 1982,DONOVAN TAYLOR SIGNATURE.. OY DST RA0.RECORDED MAY 14. 1987 M INS(RUMEM/FlLE NO. 166949 OF OFTTC4LL NOTARY PUBLIC IN µD FOR sup STATE ORDS RNFRGDE COUNTY, CALFORNLI EASEMEM TO REMOVE WATER AND SEWAGE PIWS)HES AND APPURTENANCES AND ELECTRK:AL PRINTED NAME CARD J.9.ARA:N91 IUU ACUEINCII. M SUCCESSORS AND ASSCONDUITS AND IGNS,PECOROED J IN UNE 20.�2003 ASERT �INSTRUMEN�AGEMM A LAY COMMISSION IXPIRES: R.C,E NO.1593E IXP. 3-31-OJ 2003-455855 OF OFFICIAL RECORDS. CITY ENGINEER MY PRINCIPLE PLACE OF BUSINESS IS IN: COUNTY CTLY OF PALM SPRINGS DATED: 20 EX FLIT IIBI, I IIIIII IIIIII IIII IIIIII III II IIII III III I III IIII III 041�iR61004£0 G? 1- IN SHE CTIY OF PALM SPRINGS SHEET 2 OF 2 SHEETS t''�i' sEARDHEo,NmHwc Fo. COUNTY OF RIVERSIDE, STATE OF CAUFORNIA EC SEARCHES° PARCEL MAP NO. 30292 Ib. ,\ I I I I I HOMING o so Izo Tao 240 BEING A PORTION OF LOT 2, SECTION 25, T.4S., R.4E. S.B.B, k M. AS SHOWN ON MAP OF SCAM. I'— 80` PALM VALLEY COLONY LANDS, MAP BOOK 14. PAGE 652 OF SAN DIEGO COUNTY RECORDS. yq, FOMOTDR ENGINEERING MAY, 2003 y cURVE 7AMZ EASEMENT NOTES CURVE DELTA RADIUS LENGTH TANGENT C. C1 1 THE PACT THAT THE OWNERSWP OF SALO UNO 00E NOT INCLUDE RIGHTS OF ACCESS TO /B OR FROM THE STREET.HIGHWAY. OR FREEWAY ABUFIING SAID LAD, SUCH RICNR HANNG (Cd® \ C2 5' 0 °' 9 ' 1 ' BEEN gEONGURHED BY THE DOCUMENT, RECORDED MY 3, HOSE,BOOK 1906,PACE 195, C3 OF OFFICIAL RECORDS. ,AFe' ®' \ _ C4 OY 1500' 9 W M ® µ WNW MR AN UNDERGROUND PIPE UNE OR PIPE UNES µ0 COMMITS,µ0 ry Cyr ®� \ SCAE 1 C5 INCIDENTA.PURPOSE IN FAVOR OF PALM SPRINGS WATER COMPANY.A CORPM=14. E3 Y/ e:)2 h./ Ce 9 00'01• ID . 1' 1 RECORDED APRIL 1A'1931, IN BOOK 2B65.PAGE An OF OFFILDL RECORDS CT 4' 3 µ WNW FOR UNDERGROUND EIECIRIC µD TELEPHONE LINES µD APPURTENANCES. C6 4> 6' µD[HCIOEMA PURPOSE,IN FAVOR OF CALFDRNIA ELECTRIC POWER COMPANY,AND IN FAWR OF n r =• \ �OQd�, LIRE TALE 2901,,PACE 92°OF OFFICIAL RECORTHAPFEEM PARCELSR42 ANND 43 OF5WE RECORDWOFK UNE BEARING LENGTH SURVEY MAP BOOK 32, PAGE(S) 89 AND 90. RECORDS OF RIVERSIDE CDUNTY,CALFORNIA Lt 4 THE DIRECT OF A DOCUMENT ENiRED"GRANT OF EASEMENT. DATED FEBRUAY 4, 19V m \ CA ♦ L2 BY AMIDBETMEEN SEYMOUR USµ ANDAJ. I , HUSBAND AND WIFE AMID EARL J. NE54 BAABW TH A G. NEB• E NEEL FAMILY TRUST DEED DATED JANUAR(G 1992. DONCVµ o �� \ y 4 TA=R OMOY TAYLDR.RECORDED MAY 14, 1997 AS INSIRUIMENTJFlIE NO. 186949 OF i \ OmaA-RECORDS, RNERSIOE COUNTY,CALFORNIA I. , 4 ®AN EASEMENT T°REMOVE WATER AND SEWAGE PIPELNES AND APPURTENANCES AND L> E1ECI M AND COMMUMMON CONDUITS AND APPURTENANCES.IN FAVOR OF DESERT �� N6ff50'42Y1 \ LB WATER AGENCY,A PUBLIC AGENCY, ITS SUCCESSORS AND ASSIGNS, RECORDED JUNE 20. AS INSTRUMENT ND. 2003-455855 OF OFFICIAL RECORDS OF RV SIDE COUNTY. ffi I yTrA�/J 59.00'mM&R) _ \ CAIJFCRNIA h I (G6 \ \ \ INSTRUMENT WNW FOR PUBLIC URUTY PURPOSE RESERVED BY THE CRY OF PALM SPRINGS IN !n I MfR® \ \ \ W. 2002-359614, RECORDED JUNE 26, 2003, OF OFFICIAL RECORDS URCMED,NOTHING M. BASIS OF BEARINGS SET NOTHING r2 � \ BASIS OF ANS RfGS IS THE CENTERLINE OF 10/9 DRIVE BTON O S 0A-1 (4 AS SHOWN PER GLLTFAN9 RICM-OF-WAY MAP FlLEO 1/t O/64 AS C.S. N0.204-1T!(42]5a2) ' SURVEYOR'S NOTES _ �apM1 W INDICATE MONUMENT FOUND AS NOTED O1 $ I R.S. ,a. �O. �Y�� �ryry" ry�ry 0 1 OK SET 3/4'I.P., le LONG, OR LEAD h TAG o g 32/47 0y¢ PARCEL 1 �yL \ 2 �iD��5aIN Cp,oREIE Fo011NG DR FENCING MATERD4 STAMPED LS DNgGTE6 RECORD WTA PER R.S. 32/89-9D INDICATE RECORD DATA PER CLLTRANS RIGHT-OF-WAY r l{;, AMP FILED 1/10/64 AS C.5-NO. 21) -IV (4TG5a2) ® INDICATE RECORD DATA PER CALTRINS RIGHT-OF-WAY (L ( `(w�, ?. Ja. P• y/ MAP FILED 1/10/a4 AS C.S.NO. 204 17t(4275B3) J r e �. in C ( a[) INDICATE RECORD DATA PER R.S.32/47 3D INDICATE RECORD OATA PER RESOLUTION 20356, RED. Y'� fe\ \p' e.� 'tO��• 6/28/2002.AS INS.2002-352614 (L4mMMR) .P• y� lPp, y �! (R) INDICATE IVDA.BEARING �ebYF+F, \ JS"\Aj �iAl P.C.C. INDICATE POINT OF COMPOUND CUWATURE P.R.C. N"TES POINT OF RINERSE CURVATURE M4R MEASURED µ0 RECORDED SEWING µ0 DISTANCE M. 1-1J4'I.P.WITH TAB, m\ 4`' GROSS AREA-5.127 ACRE NtiAT�� LS.2344, FLUSH,PER R.S. 32/47 B M. NAIL AND TAG. ILLEGIBLE \ PER RS. 32/47,SET TAG LC>O>o �pS".. �ARR 496t SQUARE FEET \ §g N A9'45'00'W W9.43• (L2m) T3A,4Ya'E e, (3T9.52'm) IN aC46'12•W mo.sa-m) 9� FD, 1-t/2 ITS.IN WELL PER R13 31/4>. pA' M. BR155 pISK IN WEL.PER G41TR1N5 RIGHT-OF-WAY SET TAD LS. >D>0 FOR S.W. CORNER LOT 2 �p 16.3a' N a9'IS'00'W 4a0.5a' F pAM vALIEY coLONr LANDS PER MB t4 e52 _ QFONGO TRAIL Bg MAP FILED 1/10/64 AS C.S.NO.204-175(427583) EXHIBIT "BIT I IIIIII IIIIII IIII IIIIII IIIII III IIIIIIII II IIIII I II IIII 04�60 0 of 0 367 EXHIBIT C C-1 1003/006/29917 05 111111111 ills 94 603a 4 0 s¢BBR Recording Requested by and After Recording Return to: City Clerk City of Palm Springs Box 2943 Pahn Springs CA 92263 (FOR RECORDERS USE ONLY 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. File No.R-03-054 NO DOCUMENTARY STAMPS NEEDED GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Northwoods-Pahn Springs, LLC, a California Limited Liability Company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, Grantor's lease-hold interest for an easement for bus shelter and accessory uses, including pedestrian access, 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" and shown on Exhibit "B" attached hereto and made a part hereof. Date: MARCH 9, 2004 Northwoods-Palm Springs, LLC, a California Limited Liability Company By gonture WYN C. H LMES, MANAGING MEMBER Name and Title EXHIBIT IVI ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of SAN BERNARDINO ❑ INDIVIDUAL(S) ❑ CORPORATE On 3-9-2004 before me, THE UNDERSIGNED OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared WYN C. HOLMES ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) p.Rpersonally known to me- OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) M OTHER is/are subscribed to the within instrument and acknowledged to me that he/she/they MANAGING M ER 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 entity upon behalf of which the persons(s)acted, executed the instrument. i.»»........ •» »- SIGNER IS REPRESENTING: Z NANCYB.SILBERBERG Z NORTHWOODS PALM SPRINGS LLC Witness y hand and o cral se S S COMM.#1291929 P NOTARY PU13UC-CALIPoIMN P . k SAN WRNAROW COUNTY Signature of A......— MyC EV.Pa�YZ1.2M NANCY o ERBERG 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 GRANT OF EASEMENT MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT; Signer(s)Other Than Named Above I IIIIII III I II I IIIIII IIIII III IIIIIII III IIIII IIII IIII 04 2t9A 38 o£0 6700E IIIII IIIIII IIII IIIII III I III II IIIII III IIIII IIII IN 8 3 0 @0F of 67 EXHIBIT A SECTION 25,TAS., RAE., S.B.M. BUS SHELTER EASEMENT THAT PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1448.00 FEET, A RADIAL LINE THROUGH SAID.POINT BEARS NORTH 27116'17" EAST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2012'38" AND AN ARC DISTANCE OF 55.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1013'36"AND AN ARC DISTANCE OF 31.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 30005'43" WEST, 11.52 FEET; THENCE NORTH 59°54'17" WEST, 31.00 FEET; THENCE NORTH 31005'43"EAST, 11.62 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.01 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND MY DIRECTION,BASED ON RECORD INFORMATION. QA PNW P K.FOMOTOR No.7070 � E%P.12f37lOB PHILLIP K. FOMOTOR, P.L.S. EXP. 12/31/06 OF cp'Llf 2 SHEET 1 OF 1 SHEETS W:Uobs20021PALM SPRINGSWORTHWOODSIMAPPINGIESMT-BUSTXH•AAoc EXHIBIT B SHEET 1 OF 1 SHEET I SCALE 1"=30' NZ o ? NroM '01 % o w m o o s�� R1►•£ oOW O� I fiy G� e hh m W �4a o > i 0 /stv N30'05'43"E 00 1 Q I 11.52' N30'05'43"E 11.52' I 42 I o oao I I LEGEND — EXISTING CENTERLINE — — — — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED — —— —— — VACATED RIGHT OF WAY e�� '9�' BY ME OR UNDER MY DIRECTION, a F� BASED ON RECORD INFORMATION. ® BUS SHELTER EASEMENT 42 PHILLIP K.FOMOTOR EXISTING LOT NUMBER No.7070 RAO RADIAL LINE '" EXP.12131A9� �r r�1 DF cA�T��� PHIWP K. FOMOTOR, P.LS. Y'VobsM\PALWI SPRIWA\NERTWDDDS wPJNG\ESHT-WS�EXMs nn uaww��M3 µ PST EXP. 12/31/06 lihi111111111111111111111IIIIIIlilllIII11111IIIIIN as 0�41 o4067 OGA o ' 0 a 0 T N b b W J 'J N y l J V � yH W Fy y� V 04-0276546 11111111111111111111111IN11111111111111111111111111104206 400 f 67 GOA Recording Requested by and After Recording Return to: City Clerk City of Palm Springs Box 2743 Palm Springs, CA 92263 (FOR RECORDERS USE ONLYI 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. File No.R-03-054 NO DOCUMENTARY STAMPS NEEDED - GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Northwoods-Palm Springs, LLC, a California Limited Liability Company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, Grantor's lease-hold interest for an easement for sidewalk and pedestrian access purposes, 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" and shown on Exhibit "B" attached hereto and made a part hereof. Date: MARCH 9, 2004 Northwoods-Palm Sprigs, LLC, a California Limited Liability Company By Si WYN C. H MES, MANAGING MEMBER Name and Title EXHIBIT "D" ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of • SAN BERNARDINO ❑ INDIVIDUAL(S) ❑ CORPORATE On 3-9-2004 before me, THE UNDERSIGNED OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared WYN C. HOLMES ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-PACT ❑ TRUSTEE(S) XXpersonally known to me- OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved 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 MANAGING MEMBER 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 entity upon behalf of which the persons(s) ted,executed the intro x ................... ..•••+•+ SIGNER IS REPRESENTING: Witnes my hand and o cial al. S NANCY B.SILBERBERG 8 NORTHWOODS PALM SPRINGS LLC COMM.iI1291929 lrL` NOTARYRN k A I SAN SERNAREANO COUWrV I Signature of No F. «... ,««cw °«EV ' 221'2 NANCY. B. LBERBERG ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent i raudolent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document GRANT OF EASEMENT MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 1IIIIIIIIIIIIIIII IIIIIIIIIIIIII IlilllllIIIIIIIIIIIIilll 64��6 e 40 o£ 7 i Iliill IIIIII IIII IIIIII Iilll III Illillll III IIIIII II IIII 04 200 00 0 44 of' 6 67 EXHIBIT A SECTION 25,TAS., R.4E., S.B.M. PEDESTRIAN EASEMENT THOSE PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00-09-18" WEST, 85.35 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 37020'36" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°29'54"AND AN ARC DISTANCE OF 16.36 FEET;THENCE SOUTH 89050'42" EAST,24.17 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 147.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 09°18'26' EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11034'05"AND AN ARC DISTANCE OF 29.68 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20°52'31" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°57'01" AND AN ARC DISTANCE OF 1.87 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 60055'47" WEST; THENCE SOUTHERLY, EASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 267020'20" AND AN ARC DISTANCE OF 67.66 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 09016'24" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20016'64"AND AN ARC DISTANCE OF 40.00 FEET;THENCE NON-TANGENT TO SAID CURVE, NORTH 86°00'3W EAST, 6.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 14°21'46" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19042'10" AND AN ARC DISTANCE OF 39.55 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.60 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF SURVEY,THE FOLLOWING TWO (2)COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE OF 427.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 36°43'05" EAST, 426.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48024'55" AND AN ARC DISTANCE OF 29.58 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 51°16'55" EAST, 41.77 FEET; THENCE PARALLEL TO AND 1,00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER RESOLUTION 20356, SOUTH 38-43-05" EAST, 5.00 FEET; THENCE SOUTH 51016'55" WEST, 49.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35,00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66044'24" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47004'20" AND AN ARC DISTANCE OF 28.75 FEET; THENCE NORTH 18040'04" WEST, 5.00 FEET TO THE BEGINNING.OF A NON- TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18040'04" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A SHEET 10F 2 SHEETS W:Wobs20021PALM SPRINGSWORTHWOODSIMAPPINGIESMT-PEDESTRIEXH-A.Doo III 11111 II IN 04 6�45of 67 GQA CENTRAL ANGLE OF 110003'01"AND AN ARC DISTANCE OF 57.62 FEET; THENCE PARALLEL TO AND 28.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF SURVEY,THE FOLLOWING TWO(2) COURSES: NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1419.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 510151W EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE OF 425.87 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19016,491, AND AN ARC DISTANCE OF 37.02 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 61110'07" WEST, 13.69 FEET; THENCE NORTH 22002'06" WEST, 7.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 108.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07000'03" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11024,22"AND AN ARC DISTANCE OF 21.50 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 64011'08" EAST; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 203044'58" AND AN ARC DISTANCE OF 69.34 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 152.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18°08'24" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8059'25"AND AN ARC DISTANCE OF 23.85 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89050'42" WEST, 24.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49032145"AND AN ARC DISTANCE OF 17.29 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE, NORTH 00°09'18" EAST,6.86 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.14 ACRES,MORE OR LESS, AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY LAND ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION.le PHWP KFOMOTOR No.7070 NoEXP. 070 PHILLIP K. FOMOTOR, P.L.S. �rF DK°ALAeo�`' EXP. 12/31/06 SHEET 2 OF 2 SHEETS W:Vobs2002WALM SPRINGSWORTHWOODSIMAPPINGIESMT•PEDESTRIEXH-A.Doo EXHIBIT B SHEET 1 OF 4 SHEETS ppq SHEET 2 '�jSHEET 3 I42 1 i � 1 4___ `l� R=1424.50' I _ __ L=427.37' \ .� ml 42 \'`, 0 SCALE 1"-200' m aa{{ 4 A=1711'23" a R=1419.50' L=425.87' 40 0. O I 1\ SHEET 4 I MORONGO TRAIL LEGEND — — — EXISTING CENTERLINE — — — — EXISTING LOT LINE ———————— VACATED RIGHT OF WAY ® PEDESTRIAN EASEMENT 42 EXISTING LOT NUMBER 7.50' RIGHT OF WAY VACATION .BY CITY LAND THIS DOCUMENT WAS PREPARED AJ OF PALM SPRINGS PER BY ME OR UNDERDIRECTION 20356, RECORDED 6/28/2002UASN �C s� BASED ON ECORD�INFORMATION. INSTRUMENT NO. 2002-359614. PHILLIP K POMOTOR RAP RADIAL LINE No.7070 N EXP.12MV05 �P CF CALtPC�� PHI,lobs2002� EXP.W1?K. F MOTOR, P.L.S. Ih� PALN WRWA MtTTW=�M�PP0"SHT�ETESIR�E09- 10/23M2 9eM AN POi 6 EXHIBIT B SHEET 2 OF 4 SHEETS �mw ;mo NNW m qsp =" Nr ON i 42 RS 32/ o g-9Oo w M — w Wl col Pi 0. DM �, d ^ Q in a P �N o 'D �C5 Q v _ oN�Y C6 Q�1 N89?50'1 2"W NST56'06"E w " C8 RAD Gg N69050'42"W o 24,58' y CPL c4 'awoig fNA9s�\O C� z 2 Ca `� m IN Q� -��j/y� ter. trj V1N Z Z 42 w w 1 w CURVE TABLE LINE TABLE CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH C1 37129'54" 25.00' 16.36' Li N86'00'30"E 6.97' C2 11'34'05" 147,00' 29.68' L2 N61110'07"E 13.59' C3 0'57'01" 113,00' 1.87' L3 N22'02'06"W 7,97' C4 267'20'20" 14.50' 67,66' C5 20'16'54" 113,00' 40.00' �Mo THIS DOCUMENT WAS PREPARED y�9 seR BY ME OR UNDER MY DIRECTION, C6 11'24'22" 108.00 21.50 �4}' OFF BASED ON RECORD INFORMATION. C7 203'44'58" 19.50' 69.3, ' $ SCALE 1"=20' 08 8'59'25" 152.00' 23.85' PHILLIP K.FOMOTOR 09 4932'45" 20.00' 17.29' No.7070 E%P.12MUN SEE SHEET 1 FOR LEGEND �rF OF Calf cg PHIWP K. FOMOTOR, P.L.S. NVu W btM "SPRI U\9W WPPING\ESNT-PIWTR\0W2-4* IV012W3 9MI AN PUT _ EXP. 12/31 J08 EXHIBIT B SHEET 3 OF 4 SHEETS N \ w \ Fqs A cn ` qZ�y W \\ cqN k 42 z /V R� t 8, ` 1 00. 42.70* INI 110.0 0,6 I 1A h O \ f 1? RAT \\\ SO, vm� .- tac SO• 42 ¢2S W i SCALE 1"=20' N r .� IANb THIS DOCUMENT WAS PREPARED �• �o S6 BY ME OR UNDER MY DIRECTION, i Ga5 RLFL BASED ON RECORD INFORMATION, pMLI,IP K,FOMOTOR No.7070 E%P.11l31A79, SEE SHEET 1 FOR LEGEND N�rF �a\q pHILUP K. FOMOTOR, p.ls. �F CALF EXP. 19/31/0A WGkhz2072VN.N &,VWSANMMM\K#pp G w-pEUEsTR\EgI ,4A g W/a/W Wi M PDT EXHIBIT B SHEET 4 OF 4 SHEETS cl r y SCALE 1"=20' LLI 3. \ /^ w �. 43 o \ vi °s� Ass �mm \ �NQ \ N t \ 0 \ \\ \ \ N38'43'05"W `3 \ 5,00, 01 aA0 O \ 43 \ N18'40'04"W RAO 5.00' SEE SHEET 1 FOR LEGEND LAND THIS DOCUMENT WAS PREPARED CURVE TABLE y0o SGQL BY 'ME OR UNDER MY DIRECTION, CURVE DELTA RADIUS LENGTH F BASED ON RECORD INFORMATION. Cl 48'24'55" 35.00' 29.58' ~ PHILLIP K.FOMOTOR rig 47'04'20" 35,00' 28.75' No.zozo / C3 110-03'01" 30,00' 57.62' N EXP.1?19I e °> cAUF° PHIWP K. FOMOTOR, P.L.S. EXP. 12/31/06 vwd xaozwux seRwcsvatTHumes wnu w,� r - _ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11IIII IIIIIIIIIIIII eans�50 ofe67GOA EXHIBIT E i OM100e194ov?nt E-1 Recording Requested by and After Recording Retum to: City Clerk City of Palm Springs Box 2743 Palm Springs, prings CA 92263 (FOR RECORDERS USE ONLY) 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. File No,R-03-054 NO DOCUMENTARY STAMPS NEEDED GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Northwoods-Palm Springs, LLC, a California Limited Liability Company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, Grantor's lease-hold interest for an easement for bicycle path purposes, including public ingress and egress in the use of City of Palm Springs' master plalmed bicycle paths, 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" and shown on Exhibit "B" attached hereto and made a part hereof. Date: MARCH 9, 2004 Northwoods-Palm Springs, LLC, a California Limited Liability Company �0M1 rr By e� �mw d N ; CnIC N� ti a m WYN C. H MES, MANAGING MEMBER Name and Title "— EXHIBIT "E" ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of • SAN BERNARDINO ❑ INDIMUAL(S) ❑ CORPORATE On 3-9-2004 before me, THE UNDERSIGNED OFFICER(S) Date Name,Title of Officer TITLES) Personally appeared WYN C. HOLMES ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) XYpersonally known to me- OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) XW OTHER is/are subscribed to the within instrument and acknowledged to me that he/she/they MANAGING MEMB executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the parson(s) or the entity upon behalf of which the persons(s)ac ,executed the instrument. :«..«...+«x.....«.«»OtRil t s }u SIGNER IS REPRESENTING: Z NANCY B.SIIBERBERG Witness hand and official seal. S COMM.#1291929 NORTHWOODS PALM SPRINGS LLC P NOTARY PUBU C-CALIFORNIA SAN BERNARDINO COUNTY My Cw Ev.reb a y 21„$006 Signature of Notary NANCY B. 5 RSERG 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 GRANT OF EASEMENT MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above IIIIII MINI IIII IIIIII IIIII III illlllll III IIII�II II IIII 2005e of 0GOA ea 7 IIIIII IIIIII IIII IIIIII Ilill III Illillll III Iilllll II IIII 04 20 4£06R¢00 EXHIBIT A SECTION 25,TAS., RAE., S.B.M. BIKE PATH EASEMENT THOSE PORTIONS OF.LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00009'18" WEST, 45.05 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 37039'12" WEST, THENCE LEAVING SAID EASTERLY RIGHT OF WAY, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'64"AND AN ARC DISTANCE OF 16.36 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00°09'18" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49"AND AN ARC DISTANCE OF 42.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 139.04 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1454.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34°03'55" EAST; THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER RESOLUTION 20356, THE FOLLOWING TWO(2)COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17011,23,AND AN ARC DISTANCE OF 436.37 FEET, THENCE NON-TANGENT TO SAID CURVE, SOUTH 38043'05" EAST, 518.24 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 51'16'55' WEST, 6.50 FEET TO THE SOUTHEAST CORNER OF LOT 43 AS SHOWN BY SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 43, NORTH 89°46'12" WEST, 91.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 16040-W WEST, 1.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18040'04" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110003,01" AND AN ARC DISTANCE OF 67.23 FEET; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOTS 43 AND 42, THE FOLLOWING TWO (2)COURSES: NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 61016'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE OF 427.37 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 115.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34°03'55" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 110,27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20052,31" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49" AND AN ARC DISTANCE OF 53.22 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND SHEET 1 OF 2 SHEETS W:Vobs2002\PALM SPRINGSWORTHWOODSIMAPPINGIESMT-SIKEIEXH-A,boc IIIIIII1111111111 HIM IIIII 1111111111111111111111111 �4�6@5 aof 67 HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00009'18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54" AND AN ARC DISTANCE OF 16.36 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE, NORTH 6000918"EAST, 40.33 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.81 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND MY DIRECTION, BASED ON RECORD INFORMATION. 5�° SGRi m� J $ PH WP K FOMOTM No.7070 N FXP.Ml= PHILLIP K,FOMOTOR, P.L.S. ire air EXP. 12/31/06 °F CAL%fClZ SHEET 2 OF 2 SHEBTS W:Uobs20021PALM SPRINGSWORTHW00DS1MAPPINGIESMT-BIKEIEMA,Doc EXHIBIT B SHEET 1 OF 4 SHEETS SHEET 2 r-------------i 1 I "•mac I I SHEEP 3 4P2 I I \ f 1 1 `tom 1 I 1 SCALE 1`=200' ly 1 1 \ I IQ' 1 42 , 1 r SHEET 4 --, m �01 o" 1 c 1 r � \ 0 d), 1 I 1 i L---------------J _ Ii 1 MORONGO TRAIL LEGEND — — EXISTING CENTERLINE — — — — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED -------- VACATED RIGHT OF WAY BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. BIKE PATH EASEMENT $ PHILLIP K.POMOTOR 42 EXISTING LOT NUMBER No.7070 EXP.12131/OB RAD RADIAL LINE a� �P TF UR CAL1F � PHIWP K. FOMOTOR, P.L.S. a 1M1vob�002wL�1 sewH�cwutTKvmorvuPanrc�s�rt-enr>: _-w.0 wel/ 41048 PH PnT EXP. 12/31/06 EXHIBIT B SHEET 2 OF 4 SHEETS CURVE TABLE CURVE DELTA RADIUS I LENGTH Cl 37'29'54" 25.00' 16.36' C2 21'01'49" 115.00' 42.21' C3 54'56'26" 145.00' 139.04' \ C4 1791'23" 1454.50' 436.37' \\ C5 1711'23" 1424.50' 427.37' C6 54'56'267 115.00' 110,27' C7 21'01'49" 145,00' 53,22' .q� C8 3779'540 25.00' 16,36' � Cq po \roN c � �W M N ODco m Q m ui pc Ira IoQ \N� 21 w m I CD Z m � p.0.9• w Cl C2 as ; o11,6 �M' I y\N' h4j W Q Jd Q�jQ 31 1 waz N �< I. a cS I z I z 7.50' RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 30' 20356, RECORDED 6/28/2002 AS �- INSTRUMENT NO. 2002-359614. 42 RG 32/ 8 4=9© I 1 N W SCALE 1"=50' LAND THIS DOCUMENT WAS PREPARED y00 SG� BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. v q7 PHILLIP K,FOMOTOR .7070 No.171 No 0 SEE SHEET 1 FOR LEGEND "'�rF a'P OF 0A1.1F� PHILLIP K. FOMOTOR, P.L.S. NVkbsM MALM VFMVaRW ➢SVNPP➢lf SNTAIXf:UW-4* 1➢ 3/m tam m P➢T EXP. 12/31/06 cv EXHIBIT B SHEET 3 OF 4 SHEETS w N W N \ 4f,, sT SCALE 1"=50' uI r Z� a\T N �o T?�~ \ \�O'�♦ TT• TF w W ��� \ lA <1 42 �, \ mM1 •�Ji ma] \ YUV V(�4 O �-9O \ mom N �Nlfl l N m 7.50' RIGHT OF WAY VACATION BY CITY 00 o�1 OF PALM SPRINGS PER RESOLUTION 9Tw 20356, RECORDED 6/28/2002 AS y0 in N \ INSTRUMENT NO. 2002-359614. \ N51015'18� RAD f LANO THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. r J 7 WE PHILLIP K.MOTOR No.7070 SEE SHEET. 1 FOR LEGEND sr�E�P 123+A6 a`" OPcALiF� p P 1g/'+f%nFOTOR, P.L.S. !AJdK 0 VALN SPRttIfSVldli11V0UUSWpgm\ESNT-Itlr\Em-4hm IAi2a mi iwn Pnr EXHIBIT B SHEET 4 OF 4 SHEETS CURVE TABLE CURVE DELTA RADIUS LENGTH C1 1711'23" 1454.50' 436.37' C2 110-03'01" 35,00' 67,23' C3 1T11.23" 1424.50' 427.37' Iw \ w \u� / SCALE 1"-50' s40h eM1 \4`1 v ti 4,. ` `'4ti�. °s. LLJ L� 43 \ 7.50' RIGHT OF WAY VACATION BY CITY \ OF PALM SPRINGS PER RESOLUTION 20356, RECORDED 6/28/2002 AS \ INSTRUMENT NO. 2002-359614. r o C yo SEE SHEET 1 FOR LEGEND LAND THIS DOCUMENT WAS PREPARED .� 5�o sG� BY ME OR UNDER MY DIRECTION, N18'40 04 W—7 N \G LFc BASED ON RECORD INFORMATION. RAD 1.85 C+ PHILLIP K.FOMOTOR r No o70 NB9'46'120W 91,47' N E%P.I '4r ��� E• p2 PHILUP K. FOM LOTOR, P. S. N5116'55" Op CALEF 6.50' EXP. 12/31/06 . N\Jd,x"002WNl1 3PpIHGSVO2111VOneSWuw \P •. ,r-