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HomeMy WebLinkAbout10/17/2007 - STAFF REPORTS - 2.L. c+ u N o' °�<'�°Ra,P Cit-y Council Staff Report OCTOBER 17, 2007 CONSENT CALENDAR Subject: APPROVAL OF AN ENCROACHMENT LICENSE FOR A PRIVATE SANITARY SEWER LINE LOCATED IN WEST TAHQUITZ CANYON WAY, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE EL 07- 04 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY In accordance with Chapter 14.16 of the Palm Springs Municipal Code, a permit is required for any encroachment within the City's public rights-of-way. The Director of Public Works is authorized to issue encroachment permits to authorized parties to install encroachments within public rights-of-way; however, installation of permanent encroachments of a type or use determined by the Director of Public Works to require additional liability protection for the City requires approval of a formal agreement, known as an Encroachment License, by the City Council. Approval of the recommended Encroachment License to the Meyerman Family Trust (Meyerman) will allow the installation of a private sanitary sewer line within West Tahquitz Canyon Way to provide sewer service to four private residences located on Palisades Drive. RECOMMENDATION: Approve Agreement No. , an Encroachment License issued to Harold J. Meyerman and Dorothy C. Meyerman for a private sanitary sewer line located within West Tahquitz Canyon Way, Section 15, Township 4 South, Range 4 East; File EL 07- 04; and authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Harold and Dorothy Meyerman, residents of 550 Palisades Drive, have pursued abandonment of their on-site private septic system for many years. The properties located on Palisades Drive (a private street) do not have a public sewer system. Although a sewer was designed for Palisades Drive in 1983 to be constructed as part of an Assessment District, due to the topography and higher costs of construction the sewer was not installed. ITEM NO.- City Council Staff Report October 17, 2007 - Page 2 Meyerman Sewer Encroachment License Recently, Meyerman negotiated an agreement with Palm Springs Modern Homes, developer of the Villas project located south of Tahquitz Canyon Way. The agreement provided for the use of the private sewer system within the Villas project by Meyerman, requiring that Meyerman extend a private sewer line across Tahquitz Canyon Way to their property on Palisades Drive. City staff met with Mr. Meyerman and Palm Springs Modern Homes and required that provisions for extension of sewer service to all properties located on Tahquitz Canyon Way and Palisades Drive be included in their agreement. A final agreement was negotiated and includes terms for use of the private sewer line to be constructed by Meyerman by the properties located in that area. A formal application for an Encroachment License for the private sewer line to be located in West Tahquitz Canyon Way right-of-way was submitted by Meyerman on September 29, 200T The encroachment is identified on Exhibit "C of the Encroachment License. Staff recommends approval of the Encroachment License, which will provide sewer service to properties currently using on-site private septic systems. FISCAL IMPACT: None. n David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant City�Manager David H. Ready, City Ma ATTACHMENTS: 1. Encroachment License 0a00C11 FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS P.O. Box 2743 Palm Springs, California 92263-2743 Attn: City Clerk and Public Works and Engineering Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) ENCROACHMENT LICENSE FOR PRIVATE SEWER THIS ENCROACHMENT LICENSE (the "License") is entered into this day of 2007, by and between Harold J. & Dorothy C. Meyerman Family Trust, dated August 2, 1998 ("Licensee")and the CITY OF PALM SPRINGS, a California charter city ("City"). RECITALS: A. Licensee is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California, (APN 513-110-043).The encroachment is more particularly described as 550 Palisades Drive on Exhibit "A" attached hereto and incorporated herein by reference ("Licensee Property"). B. City is the owner of certain fee and/or easement interests in that certain real property located in the City of Palm Springs, County of Riverside, State of California adjacent to the Applicant Property and more particularly depicted on Exhibit "t3" ("City Property"). C. Licensee desires to construct approximately 250 lineal feet of 6" PVC sanitary sewer line with cleanouts, elbows and fittings which will encroach on the City property in the location depicted on Exhibit "C" attached hereto and incorporated herein by reference (the "Encroachment"). D. Licensee is the "Primary Grantee" under that certain Grant of Easement recorded June 22, 2006, as Document No. 0452191, records of Riverside County, included as Exhibit "D" attached hereto and incorporated herein by reference. Pursuant to City requirements, Licensee as Primary Grantee under said Grant of Easement, shall provide sewer service through the private sewer line to "Secondary Grantees" as identified in said Grant of Easement. E. City has agreed to grant to Licensee an encroachment permit("Permit") for the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code on the condition that Licensee executes this License. Page 1 of 8 000003 NOW THEREFORE, the parties hereto agree as follows: 1.0 License. The City hereby grants a License to Licensee to construct the Encroachment within the Encroachment Area upon all of the terms and conditions of the Permit and this License. 2.0 Commencement of Construction. Licensee shall commence the construction of the Encroachment within a reasonable amount of time, in no event to exceed ninety(90)days following the execution date of this License. Before beginning any physical work on the Encroachment, Licensee shall notify City that construction of Encroachment will be commenced, at least twenty-four(24) hours priorto commencement of such work. Licensee shall also notify the City upon completion of the Encroachment. 3.0 Construction of Encroachment. Any structure placed pursuant to this License shall be constructed in a careful and workmanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Public Works and Engineer and Department of Building and Safety, before Licensee commences construction of Encroachment within the Encroachment Area, or commences construction of any work on Licensee Property. 4.0 Maintenance. Licensee shall have the right and obligation to maintain, repair and replace, at its own cost and expense, the Encroachment so as to keep the Encroachment Area in a neat, clean, first class condition and in good order and repair,free of trash and debris at all times. As the Encroachment Area consists of public street rights- of-way, the Licensee shall ensure that any excavations,trenches, and backfill and repaving of trenches excavated by Licensee for the Encroachment are maintained as required by the City, in accordance with applicable City standards or as directed by the City Engineer. Licensee hereby agrees to perform such additional repairs and/or maintenance work in the Encroachment Area within fifteen (15) days notice from City. Licensee shall have access across the City Property at all times while the License is in effect solely for the purposes as noted in Section 3. In the event that Licensee does not maintain the Encroachment as required herein, the City will have the option to either (i) terminate the License as more particularly provided in Section 7 or, (ii) after giving Licensee reasonable notice, to make such repairs or perform such maintenance as is required. If City performs the required repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the repairs and/or maintenance work performed by City, including administrative fees, and Licensee shall pay such invoice received within thirty (30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty(30) days notice from City shall automatically terminate the License herein granted. 4.1 Relocation of Encroachment within City Right-of-Way. In the event of a conflict with an underground utility proposed by any public agency or private party whose proposed utility is approved for installation by City within the Encroachment Area, Licensee hereby agrees to relocate the Encroachment, at Licensee's sole expense, as necessary to Page 2 of 8 aoa00 remove any such conflict with an underground utility proposed by any public agency or private party. Licensee shall prepare relocation plans for the Encroachment and submit to the City Engineer, as well as the affected public agency or private party, for review and comment within thirty (30) days notice from City of the underground utility conflict. Licensee shall relocate the Encroachment, as directed bythe City, pursuant to Sections 2, 3, and 5 of this License, except, however, that relocation of the Encroachment, as approved by City, shall commence no later than thirty (30) days approval of relocation plans for the Encroachment by City. 5.0 Installation and Maintenance of Safety Provisions. Licensee shall, in connection with the construction and maintenance of the Encroachment, provide, install, and maintain such lights, barriers, warning signs or other safety provisions as are reasonably necessary to protect anyone utilizing the City Property for whatever reason. In the event that the City determines that suitable safety provisions are not being provided by Licensee, the City may, after two (2)days notice from City to Licensee, provide, install and maintain such safety provisions. If the City provides the safety provisions pursuant to this Section 5, City shall submit an invoice to Licensee for payment of the safety provisions installed by City, including administrative fees, and Licensee shall pay such invoice received within thirty (30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days shall automatically terminate the License herein granted.. 6.0 Indemnity. Licensee hereby agrees to indemnify and defend the City, its officers, agents and employees against and to hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location, construction, maintenance, relocation or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to City, and in connection therewith: (a) Licensee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Licensee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Licensee agrees to save and hold the City, its officers, agents and employees harmless there from; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Licensee agrees to pay the City, its officers, agents or employees, any and all costs and Page 3 of 8 expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys fees. 7.0 Covenants Running With the Land. The covenants and restrictions by Licensee set forth in this License: (a) are made for the direct benefit of the City Property; (b) will constitute covenants running with the land and equitable servitudes; (c) will bind Licensee and every person having any fee, leasehold or other interest in any portion of the Licensee Property at any time or from time to time; and (d) will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City property at any time or from time to time. 8.0 Insurance. Licensee shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this License, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Licensee's use of the Encroachment within the Encroachment Area under this License. Insurance shall be kept in full force and effect during the term of this License, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to City's approval of this License_ The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Licensee's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 8.1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one Million Dollars ($1,000,000) combined single limit coverage per occurrence. For any claims related to this License, Licensee's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Licensee's insurance and shall not contribute with it. 8.2 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VIII, or better, unless otherwise acceptable to the City. 8.3 Verification of Coverage. Licensee shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of Page 4 of 8 GOGOGu the coverages required by this License. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before approval of this License. City reserves the right to require Licensee's insurers to provide complete, certified copies of all required insurance policies at any time. Verification of Insurance Coverage may be provided by: (1) an approved General Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate- 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as respects Encroachment License No. 07-03" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have" ("as respects Encroachment License No. 07 03" may be included in this statement). 3. "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before this License is approved. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL FISIDEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN 411T� -rA'L'UR Tn MAll CI Iru "'PIcIF SHALL IMPOSE- NO ORLIG TION no 1 moil ITY nC nnly rcl,Nn UPON nn ER�I._rC n/^_Chl-rQ nR aG DDCCCAITn vrcarn v..--r-.-c.—r�rrrr-r� *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." Page 5 of 8 8.4 Deductibles and Self-Insured Retentions. Any deductibles or Self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers;or, Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 8.5 Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 8.6 Insurance Increase. Not more frequently than one (1)time every three (3) years, if, in the opinion of the City, the amount of public liability and property damage insurance coverage at that time is not adequate, the City may require modifications to the required insurance coverage in this Section S. City shall notify Licensee, and Licensee hereby agrees to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30) notice from City. Failure of Licensee to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)days shall automatically terminate the License herein granted. 9.0 Termination. The License is terminable with or without cause by City at any time. Licensee shall remove the Encroachment and restore the Encroachment Area on the City Property to its former condition, at Licensee's sole cost and expense,within thirty(30) days notice from City. In the event Licensee fails to remove the Encroachment and restore the Encroachment Area on the City Property within thirty (30) days notice from City, City shall have the right to do so without notice to Licensee. Licensee shall immediately reimburse the City for all expenses incurred by City in the removal of the Encroachment and restoration of the Encroachment Area on the City Property. Said amounts shall accrue interest from the date the expenses were incurred by City at the maximum non-usurious interest rate permitted by law. 10.0 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to be given under the provisions of this License shall be in writing and either served personally or sent prepaid, first-class mail to the following address: To City: City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Public Works and Engineering Department Page 6 of 8 066053 With Copy to: City Attorney, City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Douglas Holland Licensee: Harold J. Meyermam & Dorothy C. Meyerman 550 Palisades Drive Palm Springs, CA 92262 Either party may change its address from time to time by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed pursuant to this Section 10, 11.0 Attorneys Fees. In any action between the parties hereto seeking enforcement of this License, or in connection with the License or the Permit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys'fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. 12.0 Successors and Assigns. All rights and obligations created by this License shall be appurtenant to and shall run with the License Property and the City Property and each part thereof and interest thereon, and shall be binding upon the owners of the Licensee Property and its respective successors and assigns acquiring any right, title and interest in the Licensee Property. 13.0 Amendment or Modification. This License may not be modified or amended except by written agreement executed by the then-owner of the Licensee Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 14.0 Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California. 15.0 Severability. The invalidity or unenforceability of any provision of this License with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances. 16.0 Recordation. This License shall be recorded in the Office of the County Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding to the interest of Licensee or the city that their use of the Licensee Property and the City Property shall be benefited and/or restricted in the manner herein described. Page 7 of 8 00000. 17.0 Counterparts. This License may be executed in any number of counter parts, each of which shall constitute an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Harold J. Meyerman & Dorothy C. Meyerman, Trustees of the Meyerman Family Trust, dated August 2, 1998 By: Harold J. Meyerman By; Dorothy C. Meyerman (Licensee shall have signature notarized) ATTEST: CITY OF PALM SPRINGS, a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: City Attorney APPROVED BY CITY COUNCIL: Date: Agreement No.: Page 8 of 8 ooao?� ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, Date Name, Title of Officer personally appeared OFFICER(S) NAME(S) OF SIGNER(S) TITLE(S) ❑ PARTNER(S) ❑personally known to me-OR- ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ proved to me on the basis of satisfactory evidence to be the persons(s)whose ❑ SUBSCRIBING WITNESS name(s) is/are subscribed to the within instrument and acknowledged to me that ❑ GUARDIAN/CONSERVATOR he/she/they executed the same in his/her/their authorized capacity(ies), and that by ❑ OTHER 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. Witness my hand and official seal. Signature of Notary SIGNER IS REPRESENTING: ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT! Signer(s) Other Than Named Above EXHIBIT "A" LOT B OF LOT LINE ADJUSTMENT 06-05 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA, FOUND IN DOCUMENT 2007-0327927, RECORDED MAY 17, 2007, OFFICIAL RECORDS RIVERSIDE COUNTY, CALIFORNIA, ©�® L EXHIBIT "B" THE SOUTHERLY 16 FEET AND SOUTHERLY 33 FEET OF TAHQUITZ CANYON WAY (SHOWN AS SPRING STREET) IN BOOK 9 OF MAPS, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. OO�DT�3 EXHIBIT LEGAL DESCRIPTION IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE- BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT "F" OF TRACT MAP NO. 29077, AS SHOWN BY MAP ON FILE IN BOOK 342, AT PAGES 65 THROUGH 72, INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, SAID POINT BEING DISTANT NORTH 89°51'43" EAST 9.16 FEET FROM THE NORTHWEST CORNER OF SAID LOT "F", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY AS SHOWN ON SAID MAP; THENCE NORTH OO°10'01"WEST A DISTANCE OF 0.96 FEET; THENCE NORTH 45610'01"WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 89049'41" WEST A DISTANCE OF 53.77 FEET, THENCE NORTH 00010'01" WEST A DISTANCE OF 11.18 FEET; THENCE SOUTH 89039'53" WEST A DISTANCE OF 62.82 FEET; THENCE SOUTH 89058'27"WEST A DISTANCE OF 51.17 FEET; THENCE SOUTH 82°31'28" WEST A DISTANCE OF 43.84 FEET; THENCE SOUTH 54008'57" WEST A DISTANCE OF 17.24 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY AND THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID SOUTHERLY RIGHT-OF-WAY LINE. EXCEPTING THEREFROM ANY PORTION OF SAID STRIP LYING SOUTHERLY OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY. 000011 � Page 1 of 2 SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 2,431 SQUARE FEET OR 0.056 ACRES, MORE OR LESS. `ONPa-LA/VD CL a A h�` N . 76 Exp. /30/08 q �OF c;xoF Page 2of2 ©�Q-� EXHIBIT VC ° LINE DATA NO. BEARING LENGTH Ll N 89'51'43" E 9.16' L2 N OO'10'01" W 0.96' L3 N 45'10'01" V1 5.00' L4 S 89'49'41" W 53.77' L5 N 00'10'01" W 11.18' L6 S 89'48'13" W 114.00' L7 S 82'31'28" VJ 43.84' LB IS 54'08'57" W 17.24' TAHQUITZ CANYON WAY r. 7777 ,n m 6 n ' 4 < R\ ENCROACHMENT L2 f LP.O.T. S'LY R/1W LINE AREA P.O.B. TAHQUITZ CYN. WAY L1 NW COR. LOT "F" Q \�Np,L LAIVps LOT "G�� �� = R100 ® Ex j 0/08 �, �p b���, a� MSA CONSULTING, INC. 1 " = 40' MAarmRo, SmrrH & ASSOCIATES, INC. PLANNwa ■ Crvn.ENGINBERiNa ■ LAND SuxvErura F�2 ID 34206 BOB HOPE DRIVE ■RANCHO MIRAGE •CA 92270 e� TELEPHONE (760) 320-9M ■ FAX (760) 323-7893 J.N. 1717 SHEET 1 OF 1 i DOC # 2006-0452191 EXH1131T 'V" 06/22/2006 08:00F Fee 55 00 RECORDING REQUESTED BY _ Pnq, I of 17 Re-co, dcd in Offici,il Raoorch. Harold Meyerman County of RivcrSldc L+irry W Ward A,t.vtsor , County Clerk L Rtr=ordcr AND WHEN RECORDED MAIL TO' �! `� I II III I I IIII III II IIIII III III Harold Meyerman 550 Talisades Drive M. s slay; RA rcnR NOGo2 jMl mI.. Palm Springs CA 92262 — — -NI A H COPY LONC RfFl1Np [HG [Y.AN M F GRANT OF EASEMENT SP PRT-IVIARY GRANTOR: Palm Springs Modern Homes V, LLC, a California Limited Liability Co; (Burdened property) Assessor's Parcel No. 513-120-060 and 513-120-099 and a portion of 513-120-094. PRIMARY GRANTEE: Harold J. Meyerman and Dorothy C. Meyerman, as Trustees of the Meyerman Family Trust udt 8/2/89 (Benefited property) APN 513-110-042 and 043,- aka 550 Palisades Drive, Palm Springs, CA 92262 SECONDARY GRANTOR: Harold J Meyerman and Dorothy C. Meyerman, as Trustees of the Meyerman Family Trust udt 8/2/89 (Burdened property) APN 513-110-042 and 043; aka 550 Palisades Drive, Palm Springs, CA 92262 SECONDARY GRANTEES: Paul E. Schell, Pamela Schell and Patricia P- Fearey (Benefited property) APN 513-110-005; aka 530 W. Tahquitz Canyon Way, Palm Springs, CA 92262; AND Michael P, Russell (Benefited property) APN 513-110-044; aka 660 Palisades Dr., Palm Springs, CA 92262; AND The Palm Springs Desert Museum, (Benefited property) APN 513-110-020, aka 686 Palisades Dr., Palm Springs, CA 92262 DOOQ c 'dnn oncros xuJ aeu1ng,\er lit"lo- d xwnga\LenipoLury mLeLuu dog IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIII�IIIIIIIII�II nc `nfl.it'� 11cnH EXHIBIT "D" GRANT OF EASEMENT THIS GRANT OF EASEMENT CREA ITS A PRIMARY GRANT from the PRIMARY GRANTOR to the PRIMARY GRANITE and a SECONDARY GRANT from the PRIMARY GRANTEE as SECONDARY GRANTOR to SECONDARY GRANTEES all as identified more specifically below. PRIMARY GRANTOR: Palm Springs Modern Homes V, LLC, a California Limited Liability Company as owner of that property specifically described below and as referenced by Assessor's Parcel No. 513-120-060 and 513-120-099 and a portion of 513-120-094. PRIMARY GRANTEE: Harold 1. Meyerman and Dorothy C. Meyerman, as Trustees of the Meyerman Family Trust udt 8/2/89 as owners of the property commonly known as 550 Palisades Drive, Palm Springs, CA also referenced by Assessor's Parcel No. 513-110-042 and 043. PRIMARY GRANTOR hereby GRANTS to PRIMARY GRANTEE Meyerman as owner of the Benefited Property, and for the benefit of Meyerman's heirs, successors and assigns as future owners of the Benefited Property, a non-exclusive casement for the installation and maintenance of an eight inch sewer line on, over and across that portion of Primary Grantor's Property as shown on Exhibit"A" attached hereto, which easement shall run along a line parallel to and three feet easterly of the westerly property line of Grantors' Property, and a non-exclusive easement for the use of the private sewer line running through Lots A, B and D of Tract Map No. 29077 (the "Villas sewer line"), which sewer line connects the southern terminus of the Patin. Springs Modem Homes sewer line with the public sewer line located in Tahquitz Canyon Way_ SECONDARY GRANTOR: Harold J. Meyerman and Dorothy C. Meyerman, as Trustees of the Meyerman Family Trust udt 8/2/89 as owners of that property referenced by Assessor's Parcel No. 513-110-042 and 043 SECONDARY GRANTEES: Paul E. Schell, Pamela Schell and Patricia P. Fearey as owners of that property referenced as Assessor's Parcel No_ 513-110-005; AND Michael P. Russell as owner of that property referenced by Assessor's Parcel No. Assessor's Parcel No. 513-110-044 AND The Palm Springs Desert Museum as owner of that property Assessor's Parcel No. 513- 110-020. Thus GRANT OF EASEMENT is CONDITIONAL and is made with reference to the following facts and subject to all the terms and conditions specified below. c:\Joeuments and se[dogs\cnueUacal..e[dn},.\cempun�ry+nicena rdcs\ol}g52\grmLLoscmenL,NO50G2dne 1 GRANT OF EASEMENT ' II II I II IIIIII II�II �I�I II III II III II ru'`FlfIF'_01P O7 00A EXHIBIT "D" RECITALS- A. Palm Springs Modern Ilomes V, lJ,C, a California Limited Liability Co. (hereafter "PSMH" or "Primary Grantor" according to context) is the owner of the real property legally described as Lot 3 and Lots A, 13, D and F of'1'ract Map No. 29077, as shown by Map ort file in Book 342 of Maps, at Pages 65 through 72 thereof, Records of Riverside County, Slate of California(the "Grantor's Property"). B. Harold J_ Meyerman and Dorothy C. Meyerman, as 'Trustees of the Meyerman Family Trust udi 8/2/89 ("Meycrman" or "Secondary Grantor" according to context) own the real property at 550 Palisades Dr_, Palm Springs, CA also referenced as Assessor's Parcel No. 513- 110-042 and 043. C. Paul E. Schell, Pamela Schell and Patricia P. Fearey ("Schell/Fearey" or "Grantee" according to context) own the real property commonly known as 530 W. Tahquitz Canyon Way, Palm Springs, CA and also referenced as Assessor's Parcel No. 513-110-005. D. Michael P. Russell ("Russell" or "Grantee" according to context) owns the real property at 660 Palisades Dr., Palm Springs, CA also referenced by Assessor's Parcel No, 513- 110-044. E. The Palm Springs Desert Museum ("Museum" or "Grantee" according to context). Museum owns the real property at 686 Palisades Dr., Palm Springs, CA also referenced by Assessor's Parcel No. 513-110-020. F. The Meyerman, Russell and the Museum properties are located on a private road. The Schell/Fearey property is on a public road. Each property is currently serviced by a septic system. 'There is no public Sewer connection available to such properties. G. On or about 1983, the City of Palm Springs proposed sewer construction plans for properties that access Palisades Drive so as to allow the then owners of the properties an election to construct a sewer line conditional upon the cost thereof being borne by the then owners. The then owners declined to participate at that time. H. The City of Palm Springs desires all property owners with access to Palisades Drive (a private road) and W_ Tahquitz Canyon Way (a public road) convert from septic to sewer system at some time in the Future. I. Meyerman has expended substantial time, effort and investment in determining the feasibility of constructing a private sewer system from his property to access the public sewer system. J. PSMH is in the process of developing its property which development includes installation of a sewer system. PSMH and Meyerman reached an agreement whereby Meyerman has paid PSMH the costs of the installation of an 8 inch sewer line on, over and across a portion of Primary Grantor's property (the "PSMH sewer line"). The total direct and indirect cost to Meyerman for installation of the PSMH sewer line was $33,000_ Meyerman has also assumed t:\CrDCUMC=and SelLigg5\CfMC\I0c11 aettings\tempo�aap vu�rne� files\oIk152\geanccyK�mem.04p50G?doe 2 � GRANT OF EASEMENT UUUy `o,E00C j-0 I I ro- n nH EXHIBIT °°pu all costs of maintenance and repair or(he PSMI I sewer line. Prinsary Grantor in cxclrangc for Meyerman's payment of all such costs associated with the PSMI-1 sewer line and assumption of the obligation to repair agreed to grant an easement to Meyerman for the installation, use and maintenance of the PSMH sewer line on, over and across a portion of Primary Grantor's property- K. Meyerman is in the process of obtaining city approval to construct and intends to construct all.extension from the 11SMI-1 sewer line (the "Meyeraman extension"). The Meyerman extension will be a six inch sewer line extension from the termination of PSMH sewer line and at some point reduce to a two inch line. The extension will cross the public road and continue on the private road up to and into die Meyerman property. The Meyerman extension will include clean outs at various intervals some of which will allow connection by the Grantees to the Meyerman extension which connection will also allow use by the Grantees of the PSMH sewer line, L. Upon issuance of the above permit, Meyerman shall pay PSMH as compensation for the easement, the sum of$25,000.00. This amount in addition to the $33,000 referenced in Recital ¶J above paid by Meyerman for installation of the PSMH sewer line. M. Primary and Secondary Grantors believe the development and installation of the sewer system provides a benefit to Grantees in the event of a failure of any Grantee's existing septic system or a city requirement that a Grantee hook up to a sewer line. Grantors believe this grant of an easement to connect to the public sewer by use of the Meyerman extension and the PSMH sewer line will enhance the value of the property of each Grantee and benefit tile, city of Palm Springs, N. Primary and Secondary Grantors are each willing to grant an election to the above named Grantees to use the easement granted by PSMH to Meyen- an. The election includes the right by the electing Grantee to hook up to the Meyerman extension. The grant by Primary Grantor of the election is conditional upon each electing Grantee agreeing to pay Primary Grantor for the easement and to reimburse Secondary Grantor for the construction cost of the PSMH sewer line. The grant by Secondary Grantor of the election is conditional upon each electing Grantee reimbursing Meyerman for a portion of dl.e cost of installation of the Meyerman extension. The cost to each Electing Grantee shall be proportional to the extent that a Grantee elects to use and will use the Meyerman extension. Each grant, whether by Primary or Secondary Grantor, is further conditional upon each electing Grantee assuming a proportionate share of maintenance and repair of the PSMH sewer line and the Meyerman extension. NOW, THEREFORE, for good and valuable consideration, GRANTORS agree as follows: 1. Adoption of Recitals. GRANTORS hereby refer to, adopt and incorporate herein as though set forth in full the Recitals as set forth above. 2. Grant of Easement (the easement GRANTED on page 1 of this GRANT is , repeated here so as to be in context). Primary Grantor hereby grants to Secondary Grantor for the benefit of Secondary Grantor as owner of the Benefited Property, and for the benefit of cAdo=cnts and setting,\cnuc\Ioc11 seamgs\temprnnry intern[ftles\oll:152\gnn[eas moo t 0905062.6oc 3 GRANT OF EASEMENT 0 0 0 0 0Z EXHIBIT r`pv II IIIII II I I I IIIII III 111111111 II rr e nr'r l?nna Secondary Grantor's heirs, successors and assigns as future owners of the Benefited Property, a non-exclusive easement Cot the installation and maintenance of an eight Inch sewer line (in, over and across that portion of Primary Grantor's Property as shown on Exhibit "A" attached hereto, which easement shall run along a line parallel to and three feet easterly of the westerly property line of Grantors' Property, and a non-exclusive easement for the use of the private sewer line running through Lots A, B and 1) of Tract Map No. 29077 (the "Villas sewer line"), which sewer line connects the southern terminus of the PSMII sewer line with the public sewer line located in Tahquitz Canyon Way- 3- Maintenance and Repair. Secondary Grantor shall have the right and the obligation to maintain the PSMH sewer line during all time.,; that it is in use. In the event it becomes necessary to make repairs to said line or to replace said line, Secondary Grantor shall give reasonable notice to Primary Grantor and/or Primary Grantor's successors or assigns to enter onto Primary Grantor's Property to make such repairs or perform such replacement In such event Secondary Grantor shall restore Primary Grantor's property to the condition in which it existed prior to the work being commenced. All such work shall be at Secondary Grantor's sole cost and expense. Neither Secondary Grantor nor any Secondary Grantee shall have any repair and/or maintenance obligations with respect to the Villas sewer line. Repair and Maintenance of the Villas sewer line shall be the responsibility of Primary Grantor and its successor's and assigns (intended to be a IIome Owner's Association). In the event the Villa sewer line requires repair and maintenance and such repair and maintenance has not been performed, Secondary Grantee and/or successors or assigns may give a three day written notice to Primary Grantor to repair and/or maintain. Upon failure of Primary Grantor to commence within the three day period and reasonably complete the repair and/or maintenance specified, the noticing Secondary Grantee may enter and perform such repair and maintenance at Primary Grantor's expense. As used in this paragraph "Primary Grantor" includes successors and assigns. 4. Grant of Election to Connect in the Future. The Primary and Secondary Grantors hereby grant an election to each Grantee to connect to the sewer system and use the easement granted by Primary Grantee to Secondary Grantee. This election and the terms and conditions of this election are limited to access to and use of the PSMH sewer line on Primary Grantor's property and use of that easement and is identified as the "First Election Upon exercise of the First Election, each Grantor shall also exercise a "Second Election" as detailed below in ¶G and ¶7. 5. Terms and conditions of First Election- The terms and conditions of the First Election are as follows: 5.1 The City of Palm Springs may, at its discretion, require a grantee to exercise the election if the City deems such election reasonably necessary for public health or safety. 5.2 Each electing Grantee shall give written notice to Primary Grantor, Secondary Grantor and the City of Palm Springs of intent to use the easement and hoot: up to the sewer system. e:\documents and settings\rnne\1ocN1 semngs\temporary miema 9es\o1k152\j;mnt.m,tmcnt 0405062.doe 4 GRANT OF EASEMENT EXH1131T «p„ I III I III I II I II I I IIII I�II I II I II II ,c wt,rtia 5`t i!, 5.3 The election is ;uhjuct to the City of Palm Spring4 approving all construction and hoof: up plans by oath electing Grantee. 5.4 Assumption of-Maintenancu Obligation. By exercise ofthc election, each Electing Grantce shall assume, as a condition of this easement, a pro-rates share of Secondary Grantor's ohligution of Maintenance and Repair as defined in 113 above. 5.5 The electing Grantee shall pay the hollowing sums as compensation for the easement and as reimbursement for the initial cost of installation or the PSMH sewer line. 5.6 Each electing Grantee shall pay Primary Grantor as compensation for the easement, the sum of$25,000.00 and Secondary Grantor, as reimbursement for construction of the PSMH sewer line The reimbursement payment of$33,000.00 shall be prorated amongst the Secondary Grantees in the same manner detailed in 1[7.6 below as reimbursement for the cost of construction of the Meyerman extension. 5.6.1 Allocation of Payment to Primary Grantor. Unless Primary Grantor specifically reserves in any subsequent Grant Deed the Tight to collect payment for the easement election contemplated herein, cacb payment as reverenced above shall be allocated 25% to the then record title holder of Lots A, B, D and F of Primary Grantor's property and 75% to the then record title owner of'Lot 3 of Primary Grantor's property. 5.6.2 Payment to Secondary Grantor. Unless Secondary Grantor specifically reserves in any subsequent grant deed the right to collect payment for the casement election and reimbursement of sewer expenses contemplated herein, the payment shall be made to the record titleholder of Secondary Grantor's property as of the date of the election. This provision for payment and reservation of payment shall also apply to the Second Election as defined below. 6. Grant of Election to Connect to the Meyerman Extension. Secondary Grantor hereby grants an election (the "Second Election") to each Grantee to connect to the Meyerman extension which will be installed by Secondary Grantor so as to allow access to and use orthc PSMH sewer line and the Villas sewer line and the easement granted by Primary Grantee to Secondary Grantee. The terms and conditions of the second election are defined in¶7 below and apply to all Grantees except that 1j7.1,¶7.2 and 17.5 do not apply to the Schell/Fearey Grantee. 7. Grant of Easement by Secondary Grantor. The Second Election by Schell/Fearey as Grantee does not require use of any portion o f the Meyerman properly as the Schell/Fearey property can hook up to the Meyerman extension from the public road without use of any portion of the Meyerman properly. The Second Election by Museum and Russell c\d0amentv+.+J scmngs\cm+w\local sctmiy;\rc.mpoiai} micmcr rilU,\o1k152\gimp crau*1�nt0905062.doc 5 GRANT OF EASEMFNT QQQ®� EXHIBIT «D» I IIIIII 1111111111111111111 IIII 11111 III 1111111 CJC LLr b rC4C C6 Owl may require an casement to and across Meycrmdn'ti prlputly. Therefore, upon notice of election to exercise the easement by Museum undlor Russell, Meycrman as Secondary Grantor GRANTS an casement to each such clocting Grantee to and across the Meyerman property as necessary to effectuate the connection to the Meyerman extension. The Second Election and the easement grant is conditional upon each Grantee's exercise of the First Election and full compliance by the electing Granter with all the terns of115 above and further conditioned as follows: 7.1 Location ofeasement_ The location ofthe access to and across the Meyerman properly shall be as minimal as possible but sufficient to allow the necessary hook up to and maintenance of the sewer line to the extent necessary to allow the electing Grantee to hook up to the sewer line. The width of the casement shall be two Bet wide. 7.2 Document Cost. The cost of preparation of survey, if necessary, and any documents necessary or convenient to identify the easement grant by Secondary Grantor and the cost of recording shall be borne by each electing Grantee. All the documents shall be subject to reasonable approval of Meyerman- Such approval not to be unreasonably withheld, conditioned or delayed. 7.3 Compliance with City,Requirement. Depending upon the time of the election and the location of the hookup by any Grantee, the city may require a Grantee to install a macerator and/or equivalent equipment on Grantee's property to allow multi-party use of the Meyerman extension. Each Grantee shall comply with all applicable city requirements. 7.4 Maintenance and Rc air. The electing Grantee, as an express condition of grant of this easement, shall have the right and the obligation to maintain the Meyerman extension during all times that it is in use. In the event,it becomes necessary to make repairs to said line or to replace said line, electing Grantcc(s) shall give reasonable notice to Secondary Grantor to enter onto Secondary Grantor's Property to make such repairs or perform such replacement. In such event Secondary Grantee(s) shall restore Secondary Grantor's property to the condition in which it existed prior to the work being commenced. This Conditional Grant of Easement intends the cost of all routine maintenance and repair work (other than restoration of Secondary Grantor's property, which shall be borne solely by Grantees) shall be allocated by location of the work and prorated amongst Secondary Grantor and Crrantee(s) of the Meyerman extension in proportion to their use of the extension_ If the repair required is due to the acts or negligence of any one or more Grantee, the repair shall be paid by such Grantee(s). 7.5 Compensation for easement. Each Grantee electing the easement in 17 shall pay to Meyennan as compensation for grant of the easement the amount of$30.00 per lineal foot for each foot of Meyerman property reasonably necessary for the easement. c.\dacurnunu and semngs\enve\lnral sutdny3\temporary mternrr Gh�;\u1k152\A=t easement 0405062 doc 6 GRANT OF EASEMENT Q z EXH►SiT „p„ ! INI��IIIIII II������IIIIII IIIII ����� ��II�� ��� .,, Lt,t .. ,,io,, 7.6 Reimburwntcia fir construction ui5t. I.dClm Grantee shall compcnsatc Meyenm:m Iin' all casts incurred in the installation of the PSI I sewer line and the Meyerman extension. I'hc costs will include but arc not limited to engineering, legal, consulting lccs, construction costs and any other necessary foes and permit costs. The installation, points of potential hook up to the extension and the molhod ol'compuling compensation are described below. 7.6.1 Attached as Exhibit B is the VISA Consulting Inc. plan dated 5/16/2005 which depicts the PSMI-I sewer line and the proposed Meyerman extension. The PSMH sewer line extends along various linear lengths starting with 1. 1 and ends at the junction of linear lengths L4 to L5. The PSMI I sewer line is about 136.77 1eet. The Meyerman extension will start at the junction of L4 and L5 and continue through and past linear length i.,22 into the Meyerman residence. The Meycrman extension is about 540.26 feet from its starting point to the end of linear length 20. 7.6.2 This GRANT intends that any electing Grantee shall pay such electing Grantee's proportional cost of the construction of the Meyerman extension as necessary for that Grantee's use. The construction cost shall be determined by the necessary and reasonable costs expended by Meyerman for construction of the Meyerman extension from the termination of the PSMH sewer line. As each Grantee has an election and it cannot at the time of this GRANT be determined which Grantee will elect first, if at all, and whether all such Grantees shall elect and, if so, when the election shall be made, the method and payment of compensation shall be as described in the¶7.6.3 and JJ 7.6.4. 7.6.3 The first electing grantee shall pay one-half of Meyerman's cost for the entire portion of the sewer line that will be used by the electing Grantee. Thus, by way of example, if Scbell/Fearey elects first, Schell/Fearey shall pay for one-half of the cost of the Meyerman extension from the termination of the PSMH sewer line to the clean out or junction at which Schell/Fearey connects. As Schell/Fearey will not be using the Meyerman extension from that point on, Schell/Fearey shall have no obligation to reimburse Meyerman for the cost of the Meyerman extension beyond the Schell/Fearey to Meyerman junction- In the event Russell elects next, Russell shall pay liar one-third of the cost of the Meyerman extension from the termination of the PSMH sewer line to the clean out or junction at which Schell/Fearey connects and one half of the cost from.the Schell/Fearey connection to the point at which Russell intends to join to the extension. The Russell payment of one-third of the cost to the Schell/Fearey connection shall be split equally with one half of the split payment to Meyerman and one- e\doeumenCs and Settin,Gs\erne\local^elPmg;\tempanry mtnnet files\olld 53\grant easemrntA4�50(2.dne 7 GRANT OF EASEMENT `' �UNFI 00F C4 �n0R EXH1131T 4,J)" - .- -- - half to Schell/Fearey. 11'Russell elects first, shun Russell shall pay for one-half of the cost of the Meyerman extension from the termination of the PSMH sewer line to the cicui out or junction at which Russell connects. If Schell/Fcarcy then elects, Schell/Fearcy shall pay for one-third of the cost of the Meyerman extension from the termination of the PSMI-I sewer line to the clean out or junction at which Schell/Fearcy connects. The Schell/Fcarcy payment of one-third of that cost shall be split equally with one half of the split payment to Meyerman and one- half to Russell. In the event the Museum elects, the above compensation method shall be adjusted so as to reimburse according to any prior or subsequent election. 7.6.4 Within 90 days of completion of the Meyerman extension Meyerman shall record a certification of sewer costs. The certification shall include a proof of service by certified mail, return receipt requested, upon all Grantees. The certification shall be certified as accurate and for all the actual cost of the Meyerman extension including preparation of this Agreement and any related documentation. The full cost shall be allocated, to the extent reasonably possible, from the termination of the PSMH sewer line to the clean out or junction at which Schell/Fearey is intended to join, to the point at which Russell pray join and from the point beyond which no grantee may join. The certification of the Meyerman extension costs incurred shall be deemed conclusive as to the amount ofthe costs incurred from and after six months from the recording date of the certification. Any affected Grantee may require proof of the Meyerman extension costs within such six month period- In the event of any dispute as to the necessity or reasonableness of such costs, the parties shall use mediation prior to resorting to arbitration or legal action. Any party that initiates arbitration or legal action without prior use of mediation shall not be entitled to fees, even if such party is later determined to be the prevailing party. If arbitration cannot be agreed upon, any disputing Grantee may file an action in the appropriate court to resolve the dispute. 7.7 Adjustment to Construction Cost. The Meyerman cost of the PSMH sewer line staled in Recital ¶J and the actual cost of construction of the Meyerman extension as defined in §7.6.4 does not include the incremental Development Cost to Meyerman associated with the time and effort of initial conceptual development and integration, supervision of all elements up to and through completion and the excess cost of construction incurred by Meyerman for the benefit of Secondary Grantees to allow comiection and itse by the Secondary Grantees to the PSMH sewer line and the Meyerman extension. A reasonable estimate of the incremental Developmental Cost is twenty-five (25%) percent of the total of the e\dncaments and cetfing.\ante\Inca)settingrs\temporary 17M,nU w..emcnt 0405062 dac 8 GRANT OF EASEMENT QQ II III II I I I M II III I II Eii1F JI1g5 1`al EXHIBIT °`D" o> �,ur $33,000 paid relating to the PSI IM sewer line and the actual eonstruclion costs incurred and paid for the Meycrman extension as defined in 117.6.4. In the event any grantee elects on or after December 31, 2007. then each electing Grantee shall pay the compensation set forth in 117.5, if applicable, and 7.6 plus 10'%, simple interest per annum on twenty-five (25%) Percent of the total construction costs (PSI I sewer line and Meyerman extension), which 25% represents the incremental Developmental Cost, 8. Conditional exemption to the Museum for access to sewer line. GRANTORS agree that the Museum may be exempt from the necessity of using the sewer line herein on the following conditions. 8.1 Approval of the City Engineer of the City of Palm Springs, and; 8.2 Conditioned upon an agreement by the Museum that the Museum property shall remain on a private septic tank in perpetuity. 9. Conditional Exemption to the Museum for construction costs. The Museum is currently a non-profit corporation. The property owned by the Museum as affected by this GRANT is owned subject to restrictions against transfer of ownership by the Museum. The current use of the Museum property is such that it is anticipated the use of its sewer system will be minimal. Therefore, the Museum is exempt from the construction cost reimbursement of 17.6 for so long as the conditions of non-profit status and ownership remain in effect. In the event either of such conditions change, the Museum shall be subject to the construction cost reimburserent of 117.6 as adjusted by 117.7. Any affected party may enforce such payment on behalf of all affected parties. 10. Collection of Fee. The payment for the easement(s) and reimbursement for constructions costs as provided in¶5.5, 17.5 and ¶7.6 shall be due and payable upon preliminary approval of the City for each subsequent Grantee's termination of existing septic systern and proposed plans to hook up to the sewer line referenced herein. The City of Palm Springs should not issue a permit for sewer installation until the Grantee has verified payment of all compensation contemplated by this Agreement. If for any reason, the City inadvertently issues the pen-nit prior to payment, the payment of the compensation may be enforced by either or both Primary and Secondary Grantor. Each such Grantor may elect to collect the amount due each Grantor or may elect to enforce the fee for the joint benefit of Primary and Secondary Grantor. To the extent either the Primary and/or Secondary Grantor incur costs, expenses and attorney's fees to collect such payment, the electing subsequent Grantee, as a condition of this GRANT, shall pay all costs, expenses and reasonable attorney's fees incurred as a condition for use of the Grant. 11. Miscellaneous Provisions 11.1 Legal Descriptions of Properties_ l 1.1.1 The Meyerman Property is more specifically identified asset forth on Exhibit C. cAdoeumunta and settngR\uric\local seth11gS\temp0rUy mtcme files\o1k152\gnneeaeemem 0405062 doe 9 GRANT OF EASEMENT M O N EXHIBIT 'OD" 11 1.2 The Schell/Fearcy Proporiy is more specifically identified by abbreviated legal description as I.,ot 5 of Palm Springs Palisades, as per map recorded in Hook 19, Page 23, of Maps, in the office of the County Recorder of Riverside County, 11 1.3 The Russell Property is more specifically identified by abbreviated legal description as a parcel of land shown on Map of Palm Springs Palisades in M13 9/432 of'records in the office of the County Recorder of Riverside County and a portion of Lots 3 and 8 and Lot 4 of MB 019/023 of Palm Springs Palisades 11.14 The Museum Property Is more specifically identified by abbreviated legal description as a portion of block 30 NIB009/043 recorded in the office of the County Recorder of San Diego and Lot 10 of Palm Springs Palisades NM 19/023 in the County of Riverside. 11.2 Binding Effect This CONDITIONAL GRANT of easements shall run with the land and be binding upon each Grantee as a CONDITION of the use of the easement PPXgARY GRANTOR, PALM SPRINGSAODERN HOMES V, LLC, a California limited liability company BY: 5 KD§ Cb6, a California corporation ITS echagmmg Mern i /Z� y n '' 'Mini g m, President GRANTEE AND SECONDARY GRANTOR: THE MEYERMAN FAMILY TRUST DATED AUGUST 2, 1989 z Lr/ � � II i i1-tll4 By Harold T Meyerman, Trustee By: Dorothy . Meyerman, Tlrustee State of California II County of On -0;4 ^N evZbefore me,�a�tc rl� ��i4 l�� a Notary Public, personally appeared 1cLV Wn erally known to me (or proved to me on the basis of sat— isfac Ty vidence) to be the person(s�whose name(s) iidare subscribed to the within instrument and acknowledged to me that dhel /they executed the same in his/her/their e:\documents and:mMnp\crane\local iraernet fi1es\o1k152\gmr1'.enament ne105W doc 10 GRANT OF EASEMENT UUOO G2 7 EXHIBIT "13„ �IIIIII RIP 11111111111111 ME 1111111111111111111 m ���� STATE OF CALIFORNIA }ss. COUNTY OF RL4erslde } On CS / before me, Constance Gorsuch ,/e �,-�c �.�� ti�•� '�'`� personally appeared Dennis Cuuuingh= personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h'10nd and o, icial seal, Signature CONSYANCE GORSUCH commission# 1357687 WON PubIIC - Cd1fomio _ Riverside County My Comm,Wre&JunM, '2J(16 (This area for ofhpial notarial seal) r-v Title of Document��/- fC-fU Date of Document `j No. of Pages Other signatures not acknowledged 300E (1/94) (General) EXHIBIT trdre II II I 11 1 I I IIII 11 II I I II CIEIN,irr_ul5C 13001, authorized capacity(ies), and that byh�skherhbeir signature on the instrument the porson(s), or the entity upon behalf of'which the person(s) acted. executed the instrument. WITNESS my hand and official seal. �-7 [See next page for jurat as to Primary Grantee/Secondary Grantor Mcycrtnan] �j �. rurwor�c uurur T Camms;lon R 7G.:95'47 h Lca; • „ � Nokuy Public_Cnilfornlb g (Q ~'%5Y My Comm.Explres Doc 22.2P90 ' u;\documents and setun8Acrmc\1oc2l scttmgs\temporaip mternct Fdea\nUs152\b. d.�.wenw,t.04(ISOL2,doc I I r GRANT OF EASEMENT 0 2 Exhibit A to GRANT OF EASEMENT AND AGREEMENT TO MAINTAIN AND REPAIR TahquEtz Canyon Way i Lot F of Tr. 29077 Lot F of Tract 2901 Property Line 1 ` Sewer Line o = x Lot 3 of Tr. 29077 2 LLf Clarth Lot 1 of Tract 29077 � f J � Lot F of Tr. 29077 Approximate Scale 1"=40' Wlaggio North r � Sewer Line , 0 N Lot B or Tract 29077 — Lot A of Tract 29077 1 e,� IIIIII IIIIIII II IIIIII IIIIII IIIIII IIIII���IIIIII���III 1,,c,Fl EXHIBIT `°D" EXHIBIT "B" — PRIVATE SEWER EASEMENT C/L TAHQUITZ CANYON WAY EXIST R/W n LSV Il a�v / I 4% / PRIVATE SEWER W- LINEN EAS MENT / OF LOT 3 / LOD 4 rw J (PRIVATE STREET) pQ ° � N 35'44'10" W 1 � 0 LINE DATA a N0. BEARING LENGTH L1 N 4 3 0'D 25 L2 N 0 O7 E 403' ' 13 N 30-MOO" W 11.11' L4 N 00-1001" W 96.15' CURVE DATA MSA, CONSULTING, INC. " = wrEao,Senn[x Asso[anres.Ixc NO, DELTA RADIUS LENGTH TANGENT 1 30' PMnw�mvio .pw.IDmrcnonwa .wm s".w..,a ID34300 Noe Ho.0 DRM.R.X61O Meuse.aA W270 C 1 39-41'56" 40.00' 27.72' m,..14.44' "..(7ao)32a9M. F.(764)323--l693 SHEET 1 OF 1 J.N. 1717 0000" I IIIIII IIIIII�I IIIIII IIIIII�IIIII IIIII III IIIIII ICI I��I r HfJ 0- :1 L 1 Gom 7 EXHIBIT "D" Exhibit C 10 GRANT OF EASEMENT (Property benefited by PRIMARY GRANTOR Palm Springs Modern Homes V, LLC, a California Limited Liability Co and burdened as SECONDARY GRANTOR APN 513-110-042 and 043) Commonly known as 550 Palisades Drive, Palm Springs, CA 92262 APN 513-110-042 and 513-110-043 In the City of Palm Springs, County of Riverside, State of California: PARCEL I: ALL OF LOTS 1 AND 2 OF PAI-,M SPRINGS PALISADES, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGE 23 OF MAPS, RIVERSIDE COUNTY RECORDS, TOGETHER WITH ALL THAT PORTION OF BLOCK 30, PALM SPRINGS, AS SHOWN BY MAP ON FILE 1N BOOK 9, PAGE 432 OF MAPS, SAN DIEGO COUNTY RECORDS AND A PORTION OF LOT 3 OF PALM SPRINGS PALISADES, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOT{ 19, PAGE 23 OF MAPS, RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS' BEGINNING AT THE NORTHEAST CORNER OF LOT I OF SAID PALM SPRINGS PALISADES; THENCE SOUTH 89' 50' 00" WEST; 231.25 FEET, THENCE SOUTH 130 49' 30" EAST, A DISTANCE OF 128.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 37.50 FEET, A RADIAL BEARING TO SAID BEGINNING BEARS SOUTH 230 50' 00" EAST, SAID BEGINNING BEING ON THE NORTHERLY LINE OF LOT W OF SAID TRACT, SAID LOT 'A' BEING SIIOWN AS PALISADES DRIVE; TH L-NCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID NORTHERLY LINE, AN ARC DISTANCE OF 44.96 FEET, THROUGH A CENTRAL ANGLE OF 680 42' 00% THENCE NORTH 450 08' 00" WEST, A DISTANCE OF 11.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 162,50 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 123.37 FEET, THROUGH A CENTRAL ANGLE OF 43° 30' 00"; THENCE NORTH 33° 14' 10" EAST, A DISTANCE OF 108.40 FEET; THENCE NORTH 890 50' 00" EAST PARALLEL WITH THE NORTH LINE OF SAID TRACT, A DISTANCE OF 301.93 FEET; THENCE SOUTH 000 08' 00" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, A CERTIFICATE OF COMPLIANCE NO. 89-4 WAS RECORDED APRIL 14, 1989 AS INSTRUMENT NO. 119405 OFFICIAL RECORDS. c.\dacumrntx,end sertmg.\ern¢\loenl.emngs\tempman'mternet 0 9 0!p m ^ E�IIBIT C— GRANT OF EAEMENT 47 FD lD v'' �AOr i145 1�1 EXH►SI ,ir 111111111I 1111 II HIE E 11 . PARCEL 2 IN THE CITY OF PALM SPRINGS, CO[JNTY OF RIVERSIDE, STATE' OF CALIFORNIA, AND DESCRIBED AS I OLLOWS LOTS 6 AND 7 OF PALM SPRINGS PALISADES, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGE 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF TF E NORTH-HALF OF SPRING STREET (VACATED) ADJOINING SAID LOTS ON THE SOUTH, THE TITLE TO WHICH WOULD PASS WITH THE TITLE TO THE ABOVE DESCRIBED LOTS PARCEL 3. IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. THAT PORTION OF LOT I IN BLOCK I OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, SAN DIEGO COUNTY RECORDS, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE NORTH LINE OF SAID BLOCK, 555.3 FEET EASTERLY OF THE NORTHWEST CORNER OF SAN BLOCK; THENCE SOUTH 000 IT EAST, 50 FEET; THENCE NORTH 890 47 EAST, 30 FEET; THENCE SOUTH 000 13'EAST, 44.55 FEET, End of Exhibit C cAdocumcn[ and setungs\rmie\local semngs\tempornry 7nirrnet Files\olIt157.\legal-paLsudr doc 0 U, 3 EXHIBIT C — GRANT OF EAEMENT EXHOIT T" EXHIBIT "A" LEGAL DESCRIPTION PRIVATE SEWER EASEMENT: IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT "F" OF TRACT MAP NO. 29077, AS SHOWN BY MAP ON FILE IN BOOK 342, AT PAGES 65 THROUGH 72, INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, SAID POINT BEING DISTANT NORTH 89051'43" EAST 9.16 FEET FROM THE NORTHWEST CORNER OF SAID LOT "F", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY AS SHOWN ON SAID MAP; THENCE NORTH 00010'01" WEST A DISTANCE OF 0.96 FEET; THENCE NORTH 45010'01" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 89049'41" WEST A DISTANCE OF 53.77 FEET, THENCE NORTH 00010'01" WEST A DISTANCE OF 11.18 FEET; THENCE SOUTH 89039"53" WEST DISTANCE OF 62.82 FEET; THENCE SOUTH 89058'27" WEST A DISTANCE OF 51.17 FEET; THENCE SOUTH 82031'28" WEST A DISTANCE OF 43.84 FEET; THENCE SOUTH 54008"57" WEST A DISTANCE OF 17.24 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY AND THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID SOUTHERLY RIGHT-OF-WAY LINE. EXCEPTING THEREFROM ANY PORTION OF SAID STRIP LYING SOUTHERLY OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF TAHQUITZ CANYON WAY. Page Iof2 00a®13:1 SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 2,396 SQUARE FEET OR 0.055 ACRES, MORE OR LESS. -0 PL LANDS 5 �aNY D. Mqo GPG Al -[o m a a x 0. 78 Exp. 9/30/08 OF CAO'\- Paee2of2 � �� � EXHIBIT "B" PRIVATE SEWER EASEMENT LINE DATA NO. BEARING LENGTH L1 N 89-51'43" E 9.16' L2 N 00'10'01" V1 0.96' L3 N 45'10'01" W 5.00' L4 S 89'49'41" W 53.77' L5 N 00'10'01" W 11.18' L6 S 89'39'53" V1 62.82' L7 S 89'58'27" W 51.17' L8 S 32-31.28" W 43.84' L9 S 54'OS'57" W 17.24' TAHQUITZ CANYON WAY 4 R\ /` PRIVATE SEWER `-POINT OF S-LY R/W LINEJ ESMT.. 0 056 AC. P.O.B. ,( - TERMINUS TAHOUITZ CYN. WAY L1 f NW COR. a LOT "F" C) a� \ONALLAIyps LOST "F ��j5 � pNY D5476 .Mq�o SQL _8. � Exp. 9/30/08 CF CAL* MSA CONSULTING, INC. 7 " = 4D' Mnua�sRo, SNffm & AssocrATFs, Ixc. PuxNreia Cim ENGDammU ■ Lmm Sbxvaxmo 34200 Boa Hors DRm ■RANcH0 Mmaos ■ CA 92270 co IDTacHrxoxa (760) 320-9811 ■ Fax (760) 323-7993 J.N. 1717 SHEET 1 OF 1