Loading...
HomeMy WebLinkAbout4/7/2004 - STAFF REPORTS (11) DATE: April 7, 2004 TO: City Council FROM: Director of Planning and Zoning AGREEMENT FOR A TRAIL EASEMENT BETWEEN THE CITY OF PALM SPRINGS, JOHN AND SANDY WESSMAN, DESCANSO WEST, LLC., W. CURT AND JACQUELINE S. EALY AND WESSMAN DEVELOPMENT COMPANY PROFIT SHARING PLAN IN ORDER TO CONSTRUCT A PUBLIC PEDESTRIAN AND EQUESTRIAN TRAIL FROM AN ACCESS POINT AT THE NORTHWEST CORNER OF LOT 31 AT 2005 CAMINO MONTE TO INTERCEPT THE LYKKEN TRAIL WITHIN ONE-HALF (1/2) MILE, MORE OR LESS, SECTION 27. RECOMMENDATION: That the City Council approve the attached Minute Order approving an agreement between the City of Palm Springs, John and Sandy Wessman, Descanso West, LLC, W. Curt and Jacqueline S. Ealy and Wessman Development Company Profit Sharing Plan in order to construct a public pedestrian and equestrian trail form an access point at the northwest corner of Tax Lot 31 at Camino Monte to intercept the Lyken Trail within one-half (1/2) mile, more or less, Section 27. SUMMARY: The subject trail agreement is necessary to relocate the existing access to the South Lykken Trail to eliminate conflicts with use of an existing roadway. The cost of the new trail well be shared by John Wessman and the City. City cost will not exceed $10,000. Funds are available in the City Open Program Fund. Approval of this agreement will result in the construction of a new trail and resolve a long-standing public access issue. BACKGROUND: This agreement between the above parties and the City of Palm Springs is the culmination of several land use actions that resulted in the necessary relocation of the Lykken Trail access at Camino Monte and Camino Descanso. The previously approved land use actions include architectural approval to allow the paving of a roadway and the construction of two driveways on Camino Monte, the vacation of a portion of Camino Monte, a boundary line adjustment between two contiguous properties: 270 Camino Descanso and 2005 Camino Monte, architectural approval to construct a block retaining wall and associated channel improvements between the properties located at 270 Camino Descanso and 2005 Camino Monte and architectural approval to construct a hillside single-family residence at 2025 Camino Monte. As a condition of approval associated with the above actions the projects' proponents were required to relocate the access trail to the Lykken Trail. The access trail will be accessed at two points, one from Camino Monte on the north side and one from the south side of the unnamed wash separating Camino Monte and Camino Descanso. The access trail was designed by Mike Schuler who has designed many local equestrian and hiking trails. The trail was surveyed for a legal meets and bounds description that is included in the Trail Easement agreement. Trail maintenance shall be conducted by the City through an agreement with the Desert Riders. Director off fanning and Zoning City Manager fa,. Attachments: Minute Order. Agreement Regarding Trail Easement. RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AGREEMENT REGARDING TRAIL EASEMENT THIS AGREEMENT REGARDING TRAIL EASEMENT("Agreement")is made effective as of the day of 2004 ("Effective Date"), by and among John Wessman and Sandy Wessman, husband and wife (collectively "Wessman"), Descanso West, LLC, a California limited liability company("Descanso"), W. Curt Ealy and Jacqueline S. Ealy, husband and wife(collectively"Ealy"),Wessman Development Company Profit Sharing Plan("Plan"),and the City of Palm Springs, a political subdivision of the State of California("City"), with reference to the following: RECITALS A. Ownership of Easement and Dedication Areas. The owners of easement and dedication areas relevant to this Agreement are listed as follows: 1. Parcel 1 A Easement Area. Wessman owns a portion of the area upon which is located the easement described as Parcel 1 on Exhibit "A" and identified as Parcel 1 � 6' Trail Easement on Exhibit"B", which portion is located on Wessman Property as indicated on Exhibit "B" ("Parcel IA Easement Area"). 2. Parcel 1B Easement Area. Descanso owns a portion of the area upon which is located the easement described as Parcel I on Exhibit "A" and identified as Parcel 1 Z 6' Trail Easement on Exhibit"B",whichportion is located on Descanso Property as indicated on Exhibit"B" ("Parcel 1B Easement Area"). 3. Parcel 2 Easement Area. Descanso owns the area upon which is located the easement described as Parcel 2 on Exhibit "A" and identified as Parcel 2 q=, 6' Trail Easement on Exhibit"B" ("Parcel 2 Easement Area"). 4. Parcel 3 Easement Area. Wessman owns the area upon which is located the casement described as Parcel 3 on Exhibit "A" and identified as Parcel 3 -C9 6' Trail Easement on Exhibit"B" ("Parcel 3 Easement Area"). 5. Parcel 4 Easement Area. Ealy owns the area upon which is located the easement described as Parcel 4 on Exhibit"A"and identified as Parcel 4 T 6'Trail Easement on Exhibit"B" ("Parcel 4 Easement Area"). trai1easement8.wpd3/1/04 I 533 6. Parcel 5 Easement Area. Wessman owns the area upon which is located the easement described as Parcel 5 on Exhibit "A" and identified as Parcel 5 Z 6' Trail Easement on Exhibit"B" ("Parcel 5 Easement Area"). 7. Parcel 6 Easement Area. Plan owns the area upon which is located the easement described as Parcel 6 on Exhibit"A"and identified as Parcel 6 9= 6'Trail Easement on Exhibit`B" ("Parcel 6 Easement Area"). 8. Parcel 7 Easement Area. Wessman owns the area upon which is located the easement described as Parcel 7 on Exhibit "A" and identified as Parcel 7 T 6' Trail Easement on Exhibit"B" ("Parcel 7 Easement Area"). 9. Parcel 8 Dedication Area. City owns the area upon which is located the dedication area described as Parcel 8 on Exhibit"A"and identified as Parcel 8 Z 6'Trail Easement on Exhibit"B" ("Parcel 8 Dedication Area"). B. Existing Roadway. The location of an existing dirt roadway ("Existing Roadway") in the area is indicated on Exhibit "C" attached. C. RoadwayAgreement. Pursuant to a Grant of Easement and Easement Agreement recorded on May 12, 1997, as Instrument No.162959, Records of Riverside County, California ("Roadway Agreement"),the City holds anon-exclusive easement("City Easement")over a portion of the Existing Roadway for purposes of providing access to the City Property. (The Roadway Agreement is incorporated herein by reference as though set forth in full.) D. Revocable Public Use of Existing Roadway. As of the Effective Date,the owner of each property upon which the Existing Roadway is located has provided revocable consent to use of the Existing Roadway by members of the public for Trail Purposes(as defined in Section 3(F),below). E. New Trail. The parties hereto now desire to make arrangements to establish a substitute trail ("New Trail") for use by members of the public for Trail Purposes. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Easements and Dedications. Subject to Section 2 below, easements (collectively "Easements") are hereby granted over areas (collectively "Easement Areas") and dedications (collectively "Dedications") are hereby offered over areas (collectively "Dedication Areas") as follows: A. Wessman Grants. Wessman hereby grants to the City easements over (i) the Parcel IA Easement Area,(ii)the Parcel 3 Easement Area,(iii)the Parcel 5 Easement Area,and(iv) the Parcel 7 Easement Area for construction, operation and maintenance of the New Trail. trailemement8mpd3/1/04 2 tip y B. Descanso Grants. Descanso hereby grants to the City easements over (i) the Parcel 113 Easement Area, and (ii) the Parcel 2 Easement Area for construction, operation and maintenance of the New Trail. C. Ealy Grants. Ealy hereby grants to the City an easement over the Parcel 4 Easement Area for construction, operation and maintenance of the New Trail. D. Plan Grants. Plan hereby grants to the City an easement over the Parcel 6 Easement Area for constriction, operation and maintenance of the New Trail. E. City Dedications. City hereby agrees to dedicate to public use the Parcel 8 Dedication Areas for construction, operation and maintenance of the New Trail. G. Use of Easement and Dedication Areas. The above Easement and Dedication Areas shall be used by the City to construct, operate and maintain the New Trail. 2. Location of Easement and Dedication Areas. Easement and Dedication Areas, as described and identified on Exhibits "A" and "B", are only approximations. Actual locations ("Actual Locations")have not been established as ofthe Effective Date. Such Actual Locations(and the New Trail to be constructed thereon) shall be established in accordance with the following: A. Selection of Trail Builder. City and Wessman shall jointly select a reputable trail builder("Builder")to establish Actual Locations;however,Wessman shall be solely responsible for the supervision of the work undertaken by Builder to constrict the New Trail. B. Establishment of Actual Locations. In general, the Builder shall endeavor to establish Actual Locations in accordance with Exhibits"A"and"B",however,the Builder shall have the authority to make reasonable adjustments to accommodate terrain and natural obstacles and avoid unreasonable constriction costs. The Builder shall"flag"proposed Actual Locations and then notify City and Wessman, and City and Wessman shall have a reasonable period of time to reasonably approve same. C. Construction of New Trail. Once the proposed Actual Locations have been approved by City and Wessman, Wessman shall engage the Builder to constrict the New Trail on such Actual Locations. Wessman agrees to cause the New Trail to be fully constructed within one (1) year from the Effective Date, subject to delays beyond the reasonable control of Wessman. D. Selection of Surveyor. Once the New Trail has been constructed, City and Wessman shall jointly select a reputable surveyor("Surveyor");however,Wessman shall be solely responsible for the supervision of the work undertaken by Surveyor. E. Survey of Easement and Dedication Areas. Once the Surveyor has been selected, the Surveyor shall survey the New Trail and prepare, with reasonable precision, legal descriptions of Actual Locations of Easement and Dedication Areas. traileasement8 wpd3/1/04 3 Lam '/ F. Supplement to Agreement. Once such legal descriptions have been prepared, a Supplement to this Agreement shall be executed, acknowledged and recorded to officially reflect such Actual Locations. 3. Miscellaneous Agreements. The miscellaneous agreements set forth below shall apply: A. Sharing of Certain Costs. All costs(up to$20,000) incurred in connection with the efforts of the Builder and Surveyor, as provided above,or other costs related to the construction of the New Trail, shall be shared equally(on a 50% - 50%basis)by Wessman and the City. To the extent such costs exceed $20,000, Wessman shall pay the excess. In no event shall the City be obligated to pay more than $10,000. B. Operation and Maintenance by City After Construction. Subsequent to completion of construction of the New Trail over the Easement and Dedication Areas, City shall assume full responsibility for operation and maintenance of the New Trail. C. Indemnification by City. Subsequent to assumption of responsibility as provided above, City agrees to and shall defend, indemnify and hold all owners of Easement Areas free and harmless from any and all claims, liabilities, damages, causes of action, etc., including, without limitation, reasonable legal fees and court costs, arising out of, relating to or connected with operation and maintenance of the New Trail, and use of the New Trail by members of the public; however, City shall not indemnify the owners of Easement Areas for claims, liabilities, etc. arising out of a negligent act or omission of one or more owners of Easement Areas. D. hidividual Liability Insurance. Each party to this Agreement shall be responsible for obtaining and maintaining such liability and other insurance coverage as such party, in such party's sole discretion, deems appropriate, and City shall have no responsibility to obtain or maintain any insurance covering any other party. E. Term of Easements. If the City at any time elects to terminate use of the Dedication Areas for trail purposes and files or records a notice of abandonment with respect to same,the Easements,and use of the Easement Areas for trail purposes,shall automatically terminate concurrently therewith. F. New Trail to be Used Only for Trail Purposes. City agrees to allow the New Trail to be used only for hiking, bicycling and equestrian purposes (collectively"Trail Purposes"). No motorized vehicles (other than normal trail construction and repair equipment) will be allowed to use the New Trail. G. Temporary Use of Existing Roadway Pending New Trail Construction. The owner of each parcel or property which the Existing Roadway nms through agrees to continue, for a period commencing as of the Effective Date and continuing for six (6) months thereafter or witil the New Trail is built, whichever first occurs, to provide revocable consent to use of the Existing Roadway by members of the public for trail purposes. Thereafter, such consent may be revoked. traileasentent8.wpd3/1/04 4 H. No Effect on Roadway Agreement. This Agreement shall not affect the City Easement or the rights or obligations of either party under the Roadway Agreement. 4. General Provisions. The general provisions set forth below shall apply. A. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be (i)delivered personally, in which case notice shall be deemed to have been given upon delivery, (ii) delivered by United States registered or certified mail, return receipt requested and postage prepaid, in which case notice shall be deemed to have been given as of the third business day after mailing, (iii)delivered by a reputable and nationally recognized overnight courier, in which case notice shall be deemed to have been given upon delivery, or (iv) transmitted telephonically via facsimile, in which case notice shall be deemed to have been given upon receipt by the sender of certification of transmission, as follows: John and Sandra Wessman 300 S. Palm Canyon Drive Palm Springs, California 92262 Telephone: 760/325-3050 Facsimile: 760/325-5848 Descanso West, LLC c/o John Wessman 300 S. Palm Canyon Drive Palm Springs, California 92262 Telephone: 760/325-3050 Facsimile: 760/325-5848 W. Curt and Jacqueline S. Ealy 777 E. Tahquitz Canyon Way, Ste. 328 Palm Springs, California 92264 Telephone: 760/320-5977 Facsimile: 760/320-9507 Wessman Development Company Profit Sharing Plan c/o John Wessman 300 S. Palm Canyon Drive Palm Springs, California 92262 Telephone: 760/325-3050 Facsimile: 760/325-5848 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 traileasement8.wpdM/04 5 Telephone: 760/323-8299 Facsimile: 760/323-8207 Copy to: David J. Aleshire, Esq. Aleshire & Wynder, LLP 18881 Von Karman Avenue Suite 400 Irvine, CA 92612 Telephone: 949/223-1170 Facsimile: 949/223-1180 B. Entire Agreement. This Agreement contain the entire agreement between the parties relating to the matters referenced herein. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. This Agreement may not be amended without the written consent of all parties. C. Attorney's Fees. In the event of any litigation arising out of or relating to this Agreement or the breach or performance of it, the prevailing party shall be entitled to recover reasonable attorneys fees incurred in connection therewith. D. Binding on Successors. All covenants, conditions, terms and provisions contained herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns. During the tern of the Easements as provided herein, the Easements shall be enforceable as covenants running with the land. E. Severability. In the event any term, covenant, condition, provision, or agreement herein contained is held invalid, void or otherwise unenforceable by any court of competent jurisdiction, such decision shall not effect the remaining terms. F. Governing Law. This Agreement, and the rights and obligations of the parties hereunder, shall be construed and enforced in accordance with the laws of the State of California. G. Reasonable Approvals. Whenever this Agreement provides or contemplates that the consent or approval of any party is to be given, such consent or approval shall not be unreasonably withheld, conditioned or delayed. H. Further Assurances. Each party agrees to and shall expeditiously take and perform in good faith such other and further steps and actions and execute, acknowledge and deliver such other and further documents as may be reasonably necessary, expedient or convenient to effectuate the intents and purposes of this Agreement. 1. Legal Representation. Each party to this Agreement agrees that such party has traileasement8mpO/l/04 6 03/30/2004 11 : 11 FAX 949 222 1180 ALESHIRE & WVNOER, LLP IA 002/002 4AN-28-2004 NON 12:30 PM CITY OF PALM SPRINGS FAX NO, 7603228360 P. 02102 either had such party's own saparate legal representation and counsel, or has vohulrarily waived the right to same. J. Counterparts. This Agreement may be signed in counterparts and, when Rally signed, such counterparts shall have the same effect as if signed in one document. K. Cations. The captions or headings of paragraphs in this Agreement are for oonvenience only and are not to be interpreted as controlling, or affecting the subject matter contained thereunder. L. Remy, The forms and provisions contained in this Agreement may be enforced by proceedings at law or in equity in accordance with The intents and purposes contemplated heroin. M. laQwMmdon of Exhibits and Recitals,. All exhibits and recitals referenced herein are incorporated into this Agreement as though set forth in full. N. ceding. This Agreement shall,upon full execution, be recorded with the Official Records of Riverside County, California. W WITNESS WHEREOF,the parties hereby execute this Agreement and make it affective as of the date first above written. CITY: City of Palm Springs, A political subdivision of the State of California sy: City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: BY City Akl&ney trula,ananr,wpmiva4 7 379 03/29/2004 NON 13:37 [TX/AE NO 53231 0 002 either had such party's own separate legal representation and counsel, or has voluntarily waived the right to same. J. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document. K. Captions. The captions or headings of paragraphs in this Agreement are for convenience only and are not to be interpreted as controlling, or affecting the subject matter contained thereunder. L. Remedies. The terms and provisions contained in this Agreement may be enforced by proceedings at law or in equity in accordance with the intents and purposes contemplated herein. M. Incorporation of Exhibits and Recitals. All exhibits and recitals referenced herein are incorporated into this Agreement as though set forth in full. N. Recordine. This Agreement shall, upon full execution, be recorded with the Official Records of Riverside County, California. IN WITNESS WHEREOF,the parties hereby execute this Agreement and make it effective as of the date first above written. CITY: City of Palm Springs, A political subdivision of the State of California By: City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney trai1easement8.wpd3/I/04 7 WESSMAN: y J6 i Wessman Sandra Wessman DESCANSO: Descanso West, LLC A California limited liability company By ?hnWessman, Managing Member EALY: n &,v* r , W Curt Ealy Jacqueline S. Ealy PLAN: Wes Develo ment Company Profit Sharing Plan By: Wessman, Trustee traileasement8.wpO/l/04 8 STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On ,before me, ,personally appeared David Ready, ❑personally known to me-or-❑proved to me on[he basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) On ,before me, 1114-A Tg�.g R A1l�6 L't-15 ,personally appeared John Wessman, personally known to me-or- ❑proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my band and official seal. , p�'�1� ke " klotary mhb ic-callfornia W'9 ;,,_ EIVERSK)ECOUNIy NATURE OF NOTARY ` SIGN "Jigr Comm D,a.E sc.2t; V9 STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) On before me, personally appeared Sandra Wessman, ❑personally known to me-or-❑proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY STATE OF CALIFORNIA traileasemerug.wpd3/1/04 9 )ss COUNTY OF RIVERSIDE ) On 3-1 - cm ,before me, personally appeared W. Curt Ealy, tKpersonally known to me-or- to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. JENNIFERHICKS commission 81308374 GN TURE OF OTARY i �n; Nogry Public-California _ d Riverside County My Comm.Expires Jun 9,2005 STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) On -6-1-Cbx..1 before me, \ v�V���r^ �C��,4 personally appeared Jacqueline S.Ealy,6<personally known to me-or- -pfevAd to be die person whose name is subscribed to the widen instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. Witness my hand and official seal. JENNIFER HICKS S Commission*1305374 < ; Notary Public-California SIG TURE OF TA RY Riverside County My Comm.Expires Jun 9,2005 STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE On before me, /i�yeTH.9 ,e tJ/fs 6/ personally appeared J'D/,/A) SS/vl personally known to me-or-❑proved to me on the basis of satisfactory evidence, to be the perso* whose nam4) is/;)O, subscribed to the within instrument and acknowledged to me that he(3 mM;q-executed the same in his/Rarkirefr authorized capacit3>41, and that by his[BM4fkQX signatureKon the instrument the persono�,or the entity upon behalf of which the person/&acted,executed the instrument. Witness my hand and official seal. N-ffi'HR R.HIOR�Wt SIGNATURE OF NOTARY d,4S 1 :nr.3pn,k+211iN12 Ip n�Norar, :..rueCi�/OIIIIS n�AR�-THA R. MOM 99 u t,f1_��� r`�P+lcta�. -��;5uc_CaVuPc�GWs� trailememeratimpd3/1/04 10 ..�/� EXHIBIT "A" PARCEL1: A SIX(6')FOOT EASEMENT FOR TRAIL.PURPOSES OVERPARCELS I AND 2 OF LOT LINE ADJUSTMENT NO. 03-08, RECORDED AS INSTRUMENT NO. BEING LOT 65 AND 66 OF PALM CANYON MESA TRACT UNIT NO. 2 AS RECORDED IN MAP BOOK 16 AT PAGE 41 AND 42,RIVERSIDE COUNTY RECORDS,AND THAT PORTION OF CAMINO DESCANSO AND CAMINO DEL MONTE AS VACATED, THE CENTERLINEBEINGDESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 65, THENCE SOUTH 360-45'-00"WEST ALONG THE WESTERLY LINE OF SAID LOT 65, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OFBEGINNING; THENCE SOUTH 230-00'-00"WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 780-00'-00"EAST A DISTANCE OF 42.30 FEET; THENCE SOUTH 47000'-00"WEST A DISTANCE OF 21.00 FEET; THENCE SOUTH 320-00'-00"WEST A DISTANCE OF 21.40 FEET; THENCE SOUTH 73 0-00'-00" WEST A DISTANCE OF 17.00 FEET; THENCE SOUTH 170-00'-00" WEST A DISTANCE OF 26.80 FEET; THENCE SOUTH 110-00'-00" WEST A DISTANCE OF 28.00 FEET; THENCE SOUTH 290-30'-00" WEST A DISTANCE OF 34.30 FEET; THENCE SOUTH 320-40'-00" WEST A DISTANCE OF 6450 FEET, THENCE SOUTH 460-30'-00"WEST A DISTANCE OF 26.40 FEET; THENCE SOUTH 710-20'-00"WEST A DISTANCE OF 29.30 FEET; THENCE SOUTH 160-30'-00"WEST A DISTANCE OF 16.30 FEET; THENCE SOUTH 020-50'-00"WEST A DISTANCE OF 11.00 FEET; THENCE SOUTH 800-13'-19" WEST A DISTANCE OF 25.66 FEET TO THE EAST LINE OF SAID PARCEL I OF LOT LINE ADJUSTMENT 03-08. PARCEL 2: A SIX(6')FOOT EASEMENT FOR TRAIL PURPOSES OVERPARCEL 2 OF LOT LINE ADJUSTMENT NO. 03-08, RECORDED AS INSTRUMENT NO. ,BEING A PORTION OF LOT 65 OF PALM CANYON MESA TRACT UNIT NO. 2 AS RECORDED IN MAP BOOK 16 AT PAGE 41 AND 42,RIVERSIDE COUNTY RECORDS,THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 65 AND PARCEL 2 OF SAID LOT LINE ADJUSTMENT; THENCE SOUTH 720-05'-00" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 65 A DISTANCE OF 150 TO THE TRUEPOINT OF BEGINNING; THENCE NORTH 560-24'-03" WEST A DISTANCE OF 35.79 FEET TO A POINT ON THE CENTER LINE OF THE TRAIL, EASEMENT DESCRIBED AS PARCEL 1 ABOVE. PARCEL 3: AN EASEMENT FOR TRAIL PURPOSES 6.00 FEET IN WIDTH THE CENTER LINE BEING DESCRIBED AS FOLLOWS; ALL THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 03-08,RECORDED AS INSTRUMENT NO. ,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNERPARCEL 1, OF SAID LOT LINE ADJUSTMENT NO. 03-08, THENCE NORTH 800-13'-19" WEST A DISTANCE OF 23.29 FEET; TTIDNCE SOUTH 870-42'-09" WEST A DISTANCE OF 139.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100-26'-44" AND A LENGTH OF 54.69 FEET TO THE WESTERLY LINE OF SAID PARCEL 1. _/S x/f P*** PAGE EX JBIT"A" TRAIL,EASEMENT PARCEL 4: AN EASEMENT FOR TRAIL PURPOSES 6.00 FEET IN WIDTH THE CENTERLINE BEING DESCRIBED AS FOLLOWS, ALL THAT PORTION OF PARCEL 5 OF LOT LINE ADJUSTMENT NO.98-11,RECORDED NOVEMBER 12, 1998 AS INSTRUMENT NO. 491308,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS; COMMENCING AT TIM SOUTHEAST CORNER OF PARCEL 1 OF SAID LOT LINE ADJUSTMENT NO. 03-08, THENCE NORTH 800-13'-19" WEST A DISTANCE OF 23.29 FEET; THENCE SOUTH 870-42'-09" WEST A DISTANCE OF 139.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100-26'-44" AND A LENGTH OF 54.69 FEET TO THE WESTERLY LINE OF SAID PARCEL 1 AND THE EASTERLY LINE OF SAID PARCEL 5 AND THE TRUE POINT OFBEGINNING, THENCE CONTINUING ALONG SAID TANGENT CURVE WESTERLY THROUGH A CENTRAL ANGLE OF 130-10'-51" AND A LENGTH OF 69.01 FEET; THENCE TANGENT NORTH 680-40'-16"WEST A DISTANCE OF 170.04 FEET TO THE SOUTH LINE OF SAID PARCEL 5. PARCEL 5: AN EASEMENT FOR TRAIL PURPOSES 6.00 FEET IN WIDTH THE CENTER LINE BEING DESCRIBED AS FOLLOWS; ALL THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO, 98-11,RECORDED NOVENIBER 12, 1998 AS INSTRUMENT NO. 491308,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS; CONMIENCING AT TEE SOUTHEAST CORNER OF PARCEL I OF SAID LOT LINE ADJUSTMENT NO. 03-08, THENCE NORTH 800-13'-19"WEST A DISTANCE OF 23.29 FEET; THENCE SOUTH 870-42'-09" WEST A DISTANCE OF 139.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100-26'-44"AND A LENGTH OF 54.69 FEET TO THE WESTERLY LINE OF SAID PARCEL 1 AND THE EASTERLYLINE OF SAID PARCEL 5; THENCE CONTINUING ALONG SAID TANGENT CURVE WESTERLY THROUGH A CENTRAL ANGLE OF 130-10'-51" AND A LENGTH OF 69.01 FEET; THENCE TANGENT NORTH'680-40'-16"WEST A DISTANCE OF 170.04 FEET TO A POINT ON TTIE SOUTHERLY LINE OF PARCEL 5 OF SAID LOT LINE ADJUSTMENT NO. 98-11 AND THE TRUEPOINT OFBEGINNING, THENCE CONTINUING NORTH 680-40'-16"WEST A DISTANCE OF 0.51 FEET TO THE BEING BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 96.00 FEET;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°-04'54"AND A LENGTH OF 150.93 FEET TO THE BEGINNING OF A REVERSE TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 660-08'-32" AND A LENGTH OF 46.18 FEET; THENCE TANGENT SOUTH 870-23'-22"WEST A DISTANCE OF 51.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 0-19'-43" AND A LENGTH OF 32.58 FEET; THENCE TANGENT SOUTH 340-03'-39" WEST A DISTANCE OF 47.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 250-34'-16"AND A LENGTH OF 22.32 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1. PAGE F-5[01BIT"A" TRAIL EASEMENT PARCEL 6: AN EASEMENT FOR TRAIL PURPOSES 6.00 FEET IN WIDTH THE CENTERLINE BEING DESCRIBED AS FOLLOWS; ALL THAT PORTION OF PARCEL 4 OF LOT LINE ADJUSTMENT NO. 98-11,RECORDED NOVEMBER 12, 1998 AS INSTRUMENT NO. 491308,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF SAID LOT LINE ADJUSTMENT NO. 03-08, THENCE NORTH 800-13'-19"WEST A DISTANCE OF 23.29 FEET; THENCE SOUTH 870-42'-09"WEST A DISTANCE OF 139.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100-26'-44"AND A LENGTH OF 54.69 FEET TO THE WESTERLY LINE OF SAID PARCEL I AND THE EASTERLY LINE OF SAID PARCEL 5; THENCE CONTINUING ALONG SAID TANGENT CURVE WESTERLY THROUGH A CENTRAL ANGLE OF 130-10'-51" AND A LENGTH OF 69.01 FEET; THENCE TANGENT NORTH 680-40'-16"WEST A DISTANCE OF 170.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 96.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900-04'S4"AND A LENGTH OF 150.93 FEET TO THE BEGINNING OF A REVERSE TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 660-08'-32"AND A LENGTH OF 46.18 FEET; THENCE TANGENT SOUTH 870-23'-22"WEST A DISTANCE OF 51.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 0-19'-43" AND A LENGTH OF 32.58 FEET; THENCE TANGENT SOUTH 340-03'-39" WEST A DISTANCE OF 47.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 250-34'-16" AND A LENGTH OF 22.32 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1,THE NORTHERLY LINE OF SAID PARCEL 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 170-05'-01" AND A LENGTH OF 14.91 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 380-22'-41" AND A LENGTH OF 40.19 FEET TO THE BEGINNING OF A REVERSE TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 70.00 FEET;THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANLGLE OF 680-4l'-37" AND A LENGTH OF 83.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130-04'-56" AND A LENGTH OF 91.33 FEET; THENCE TANGENT NORTH 860'03'-04" WEST A DISTANCE OF 38.90 FEET TO THE WESTERLY LINE OF SAID PARCEL 4. PARCEL 7: AN EASEMENT FOR TRAIL PURPOSES 6.00 FEET IN WIDTH THE CENTERLINE BEING DESCRIBED AS FOLLOWS; ALL THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 98-11,RECORDED NOVEMBER 12, 1998 AS INSTRUMENT NO. 491308,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1,THENCE NORTH 00°-15'-55"EAST ALONG TEE WESTERLY LINE OF SAID PARCEL 1 A DISTANCE OF 2436 FEET TO THE TRUEPOINT OF BEGINNING, 64�q/4 PAGE F)T IT"A" TRAIL EASEMENT PARCEL 7 CONT. THENCE SOUTH 750-11'-01"EAST A DISTANCE OF 97.36 FEET TO THE BEGINNING OF A TANGENT CUEVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100-52'-03" AND A LENGTH OF 56.90 FEET; THENCE TANGENT SOUTH 860-03'-04"EAST A DISTANCE OF 16.69 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1. PARCEL 8: AN EASEMENT FOR TRAIL PURPOSES 6.00 FEET IN WIDTH THE CENTER LINE BEING DESCRIBED AS FOLLOWS; ALL THAT PORTION OF THE SOUTHEAST ONE QUARTER OF SECTION 27,TOWNSHIP 4 SOUTH,RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 98-11,RECORDED,NOVEMBER 12, 1998 AS INSTRUMENT NO. 491308, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE NORTH 000-15'-55"EAST ALONG THE WESTERLY LINE OF SAID PARCEL 1 A DISTANCE OF 24.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 750-11'-01"WEST A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76-15'-00" AND A LENGTH OF 199.62 FEET; THENCE TANGENT SOUTH 280-33'-59"WEST A DISTANCE OF 170.00 FEET TO THE BEGINING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 50.00 THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890-50'-00' AND A LENGTH OF 78.39 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900-00'-00" AND A LENGTH OF 314.16 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 880-30'-00" AND A LENGTH OF 308.92 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 520-15'-00"AND A LENGTH OF 45.60 FEET, THENCE SOUTHEASTERLY 150.00 FEET MORE OR LESS TO THE LYKKEN TRAIL. PREP D Y _ SANB IN JOHN . S RN PLS 4146 !l 1 1 W.0.02- 13T2TOTAL 10/09/03 r'' tY`0.L64146 .6-30 04 F EXHIBI T "8 " POC r 17 POB PCL 1 PCL 1 1 2 4 / 3 / 5 6 7 8 //0 a hi'o'- oQw� PARCEL 1 .�� ` .� �0 0 6' TRAIL !, EASEMENT / „t 2 O E SET 31_ 4 I 1 7 12 pCL 150-p0 1 6p.36 0 1� 16 Z005'00n E Nn N � 0 POB EL�`CP�S a PCL 2 �` of GA z LAND 5�a L SANB a \ L.S. 4146 cw/No flsscaN.sb E1P. 6/30/0+ Q Ct?APH/C SCALE OCINITY MAP 4T 60 "--30-----0 ------- 60 .._..__ 12Q N.T..A SCALE LLO' CITY OF PALM SPRINGS a4 ¢" "� TRAIL EASEMENTS y PUBLIC WORKS & ENGINEERING PARCELS I & 2 OF ���,�+�� DEPARTMENT LLA 03-08 LLCAL D sc IPrroV. TRAIL PARCELS 1 & 2 A SIX (6) FOOT EASEMENT FOR TRAIL PURPOSES OVER LOT 65 OF PALM .CANYON MESA TRACT UNIT 2 AS RECORDED IN MAP BOOK 16 AT PAGE 41 AND 42, RlyyEE"SIDE COUNTY RECORD. AND THAT POR77ON OF CAMINO DESIGN BY. SCALE: �DESCANSO A-CAME DEL MONTE AS VACA7ED FEBRUARY 28, 1972 AS INSTRUMENT((„////+ 52 OFf7a L RECORDS OF RIVERSIDE COUNTY, CALIFORNIA- D.G.H- 1�=6r/ fO/p,�r/'r;3 0 d CHECKED BY.' W O.f SHEET NO_: JOHNZ,7 S(AN'BORN. PLS NO. 4146 EXP. 6130104 J.L.S. 02-213 1 OF 6 EXH18/T "8 " DA TA O DELTA/BEARING RADIUS LEN./DIST TANGENT O N 36045'00 E 10.00' �2 N 23000'00'E 26.00' N 78000'00"E 42.30' ® N 47°00'00 E 21,00, 05 N 32a00'OOE 21.40' N 73°00'00"E 17.00' 07 N 17000'00 E 26.80' N 11 cOO'DO E 28.00' 9� N 29030'00'E 34.30' 10 N 32040'00E 64.50' Jl N 46030'00'E 26.40' 12 N 71°20'00-E 29.50' 1 N 16-30'0O'E 16.30' 14 N 02 O50'DO"E 11.00' S 1�S N 80013'19 E 25.66' l 16 N 55 024'034 35.79' i' TRAIL EASEMENTS CITY OF PALM SPRINGS y PUBLIC WORKS & ENGINEERING PARCELS 1 & 2 OF I DEPARTMENT 1, LLA 0.3-018 LEGAL DESCRIPTION. TRAIL PARCELS 2 A SIX (6) FOOT EASEMENT FOR TRAIL PURPOSES OVER LOT 65 OF PALM CANYON MESA TRACT UNIT 2 AS RECORDED IN MAP BOOK 16 AT PAGE 07119 41 AND 42, RIVERSIDE COUNTY RECORDS, AND THAT POR770N OF CAMINO ;DESCANSO Apt CAMINO DEL MONTE AS VACATED FEBRUARY 28, 1972 AS DESIGN BY. SCA . A E- I INSTRUMENT/4 . 25278, CIAL RECORDS OF RIVERSIDE COUNTY, CAUF0,4N/A [// D.G.H. 1"=60' 1O1O31O3 i Fti 6z�/03 CHECKED BY.. W.O-# SHEET NO.. JOHN ANBORN. PLS NO. 4146 EXP. 6 30 04 ✓•LS. 02-213 2 of 6 DaffBfT B" MA TCH LAVE 18 _ SEE SHEET 4 OF 6 � NOTE: SEE- SHEET 5 OF 6 ;`"✓0, FOR ANNOTATION TABLE l o o ow ,o �._ 41 PARCEZ- 4 r� C ]RAIL `u EASEMENT PDB PCL 4 r.?. 0 D SfTE Z U � y a J VICA�TY MAP CAROL 3 2 _ C TRAIL N-TE• EASEMENT / POD PCL 3 POC PCL 4, 5 d 5 r o�^L LAND SS\ L. SAyBO 4, LS 4146 ��OF C A 0 F SCALE=1"=100' of P"`"sq CITY OF PALM SPRINGS TRAIL EASEMENTS PUBLIC WORKS & ENGINEERING TRAIL PARCELS r r� DEPARTMENT 3 THROUGH LEGAL DESCRIPTION: DESIGN BY.. SCE • RLE NO.: P01777ON ARCEL . - LLA 03-08, & POR77ON OF PARCELS 1, 4, O-G.H. 1" = 1O4' & S, LLA 1 - C770N 27, T4S, R4E, SB-M. " CHECKED BY. W.O. # SHEET ND.: t J.L.S 02-213 3 OF 6 JOHN . SANBORN. PLS NO. 4146 EXP. 5130104 Poc Sff ISI-EET 6 004181T 18" PCL 7 �POB N 00-15 545.92 PCL 7 NOTE d/ SEE SHEET 5 OF 6 FOR ANNOTATION TABLE PARCEL 7 q TRAIL t EASEMENT 0 m PAIX;EL 6 0.52' q TRAIL EASEMENT 9 � R ® 05• e 1 h 4 R r L �'�t 9 O4 oO alb © PARCELsTRAIL � EASEMENT MATCH E SHEET 3 OF B pp8 l.�', ♦v , PCL 5 5CALE=1"=100' CITY OF PALM SPRINGS TRAIL EA SEMEN TS PUBLIC WORKS & ENGINEERING TRAIL PARCELS DEPARTMENT 3 THROUGH 7 LEGAL DESCRIPTION. DEDaN BY: SCALE: FILE NO,: ' PGR77GN OF ARCEL 1 — LLA 03-08, & PORTIONS OF PARCELS 1, D.O.14. 1" = 100' t 4, & : . L 11 — EC77ON 27, T45 WE, SB.M, CiECKTTJ BY: W.O. f $HEFT NO., J.L-S. 02-213 4 OF 6 JOHN . SANBORN. PLS NO. 4146 EXP. 6130104 EXHIBIT "B" DA TA a DELTA/BEARING RADIUS LEN./DISL TANGENT 23°37 35" 300.00' 123.71' 52.75' 2O 90004,54" 96.00' 150.91, 96.14' O 66008'32" 40.00' 46.18' 26.05' N 87 023 22"E 51.33' 5� 53°19'43" 35.00' 32.58' 17.5B' ® N 34°03'33 E 4718' (]7 42°39'17" 50.00' 37.22' 19.52' 38n2241" 60.00' 40.19' 20.68' 90 68041'37" 70.00' 83.93' 47.83' 10 13004'56- 400.00' 91.33' 45.87' 11 N 86003'04"W 55.58' 1Q 10052'03" 300.00' 56.90, 28.54' N 75011'01"W 97.36' 74 NOT USED 1� 1002644- 300.D0' 54.69' 27.42' 1�6 1301051" 3DD.DO' 69.D1' 34.66' 1� NOT USED 18 N 68°40'16-W 0,51, 19 25034'16" 50.00' 22.32' II.35' 17°05'01- 50.00, 14.91' 7.51' �J N 00015'557E 24.36' NOT USED © N 02°50 OD£ 11.00' LAND SG9 ( N 80013'190W 25,66' L. so,"g0Pyp o ® N 600 13'19"W 23.29' a LS. 4146 x OF CAL j5 F` aF P" CI TY'OF PALM SPRINGS TRAIL EASEMENTS PUBLIC WORKS & ENGINEERING TRAIL PARCELS DEPARTMENT 3 THROUGH 7 LEGAL DESCRIPTION. DEOGN BY. SCALE' EeE no.: qq1 01171011 OF P - L 1 -7 2LA d3-08, & POE7ION -OF PARCELS 1, 4, D.G.H. I' = 100' k 5, LLA 9 11 S 077, T4S, R4E, SB.Af. CWECKED BY W.O. / SHE'T NO.: , JOHN L,111SANBORN. PLS NO. 4146 EXP. 6130104 J.L.S. 02-213 5 OF 6 DATA EANIBIT `B" O DELTA/BEARING RADIUS LEN./DIST. TANGENT G N 75°11'01"W 50.DO' J 76°15'00" 150.00' 199.62' 117.72' 3� ,N 28°33'59 E 170_DO' ® 89°50'00" 50.00' 78.39' 49.85' -05 9D°OD'00" 200.00' 314.16' 200.00' P= .=i ! 'r' 88°3D'00" 200.00' 308.92' 194.83' ! - �7 52°15'00" 50.00' 45.60' 24.52' N 07°31'01"W 100.00' 9� N 00°15'55"E 24.36' 1 POB PCL s SEE ShffT 4 9 POC PCL 8 ld r; 3 � 4 � U C PARGa 8 TRAIL o EASE14ENT °l O CAN/NO DESGNSO VICINITY MAP SCALE=1'=2DO' :. N.TS. moo. P^�b P2 CITY OF PALM SPRINGS TRAIL EASEMENTS � PUBLIC WORKS & ENGINEERING CITY OF PALM SPRINGS DEPARIVENT TRAIL PARCEL 8 LEGAL DESCRIP70N. DE-'VON BY, SCALE FILE NO.: R4E, aN OF SOU E�a'T ONE QUARTER OF SECTION 27. T45, OR .O D.G_H. 10 = 200' CHECKED BY w D. f SHEET NO.: sa a fP f, IJOHN L. 5 BORN_' PLS NG. 4146 EXP_ 6,13010 J.L.S 02-213 6 OF 6 e 24 4 l ��, V � li a UN F x c e3+3.. o d cp iJ��x✓ r��W" / III III' ✓ � e� 7 r' � ry r n r� '.` y.Y� � ��'� � r J ; ,, -= s q3 I � ✓k Rfi r I � l q i I I,11. I r V t / j iF £ed 11 q r I' ' < \� Il � 114♦' I '`II� l "III 7 r' I�If 11 rtl 2 .\I 11 / �, / _ / )� t/, ° £ B I r 9 �• /".I I�� III f I I V511 8L ' 1 li I11,I�/1 11��� I 4�(I 1 I �)j/ / hr �?r/ /1I � i /�i' � \� � 1/ r� 1 pIr � � ° ��•'�14.'i, l Lr / 14 Ili I 4 \ / r _ ;_ Elf //Iu�i/�i�l / fr IT �\ ern I r l I IY�(II '�11IV I I 1111 :�—x��� n1F •-I tir] r�p,/i llld(�J.rll r ,✓/nP.` 1 v,llul/flu .Ad+ °'&nxl /� /,-:I G^-. _..:>o ll(� x _ I � pa i� /�-44 T �; Y B. Descanso Grants. Descanso hereby grants to the City easements over (i) the Parcel 1B Easement Area, and (H) the Parcel 2 Easement Area for construction, operation and maintenance of the New Trail. C. Ealy Grants. Ealy hereby grants to the City an easement over the Parcel 4 Easement Area for construction, operation and maintenance of the New Trail. D. Plan Grants. Plan hereby grants to the City an easement over the Parcel 6 Easement Area for construction, operation and maintenance of the New Trail. E. City Dedications. City hereby agrees to dedicate to public use the Parcel 8 Dedication Areas for construction, operation and maintenance of the New Trail. G. Use of Easement and Dedication Areas. The above Easement and Dedication Areas shall be used by the City to construct, operate and maintain the New Trail. 2. Location of Easement and Dedication Areas. Easement and Dedication Areas, as described and identified on Exhibits "A" and "B", are only approximations. Actual locations (`Actual Locations")have not been established as of the Effective Date. Such Actual Locations(and the New Trail to be constructed thereon) shall be established in accordance with the following: A. Selection of Trail Builder. City and Wessman shall jointly select a reputable trail builder(Builder")to establish Actual Locations;however,Wessman shall be solely responsible for the supervision of the work undertaken by Builder to construct the New Trail. B. Establishment of Actual Locations. In general, the Builder shall endeavor to establish Actual Locations in accordance with Exhibits"A"and"B",however,the Builder shall have the authority to make reasonable adjustments to accommodate terrain and natural obstacles and avoid unreasonable construction costs. The Builder shall"flag"proposed Actual Locations and then notify City and Wessman, and City and Wessman shall have a reasonable period of time to reasonably approve same. ` T C. Construction of New Trail. Once the proposed Actual Locations have been approved by City and Wessman, Wessman shall engage the Builder to construct the New Trail on such Actual Locations. Wessman agrees to cause the New Trail to be fully constructed within one -(,4 from the Effective Date, subject to delays beyond the reasonable control of Wessman. 7 ( 6) months D. Selection of Surveyor. Once the New Trail has been constructed, City and Wessman shall jointly select a reputable surveyor(`Surveyor");however,Wessman shall be solely responsible for the supervision of the work undertaken by Surveyor. E. Survey of Easement and Dedication Areas. Once the Surveyor has been selected, the Surveyor shall survey the New Trail and prepare, with reasonable precision, legal descriptions of Actual Locations of Easement and Dedication Areas. trailemomentgmpd3/12/04 3 nVI ' V- CVVY V-LVf IVI IVU JUUU r , 0/ 0 F. Snlement to Agreement, Once such legal descriptions have been prepared, a Supplement to this Agreement shall be executed, acknowledged and recorded to officially reflect such Actual Locations, 3. Miscellaneous Agreements, The miscellaneous agreements set forth below shall apply: A, Sharing of Certain Costs. All costs(up to$20,000)incurred in connection with the efforts of the Builder and Surveyor,as provided above,or other costs related to the construction of the New Trail,shall be shared equally(on a 50%-50%basis)by Wessman and the City. To the extent such costs exceed $20,000, Wessman shall pay the excess. In no event shall the City be obligated to pay more than$10,000. B. Operation and Maintenance by C& After Construction, Subsequent to completion of construction of the New Trail over the Easement and Dedication Areas, City shall assume full responsibility for operation and maintenance of the New Trail. C, IndennificationbyCity. Subsequent to assumption ofresponsibility as provided above, City agrees to and shall defend,indemnify and hold all owners of Easement Areas free and harmless from any and all claims, liabilities, damages, causes of action, etc., including, without limitation, reasonable legal fees and court costs, arising out of, relating to or connected with operation and maintenance of the New Trail, and use of the New Trail by members of the public; however,City shall not indemnify the owners of Easement Areas for claims,liabilities,etc. arising out of a negligent act or omission of one or more owners of Easement Areas, D. Individual Liability Insurance. Eachpartyto this Agreement shall be responsible for obtaining and maintaining such liability and other insurance coverage as such party, in such party's sole discretion, deems appropriate, and City shall have no responsibility to obtain or maintain any insurance covering any other party, E, Term of Easements. If the City at any time elects to terminate use of the Dedication Areas for trail purposes and files or records a notice of abandonment with respect to same,the Easements,and use ofthe Easement Areas for trail purposes,shall automatically terminate concurrently therewith, F. New Trail to be Used Only for Trail Purposes, City agrees to allow the New Trail to be used only for hiking,bicycling and equestrian purposes(collectively"Trail Purposes'. No motorized vehicles(other than normal trail construction and repair equipment)will be allowed to use the New Trail. G. Tempo_rary Use of Existing Roadway Pending New Trail Construction, The owner of each parcel or property which the Existing Roadway runs through agrees to continue,for a period commencing as of the Effective Date and continuing for six(6)months thereafter or until +the New Trail is built, to provide revocable consent to use of the Existing Roadway by members of the public for trail purposes, Thereafter, such consent may be revoked, tWWnement8sYpd3IIZIO4 4 , Pia 5 MINUTE ORDER NO. TO APPROVE AN AGREEMENT FOR A TRAIL EASEMENT BETWEEN THE CITY OF PALM SPRINGS, JOHN AND SANDY WESSMAN, DESCANSO WEST, LLC,W. CURT AND JACQUELINE S. EALY AND WESSMAN DEVELOPMENT COMPANY PROFIT SHARING PLAN IN ORDER TO CONSTRUCT A PUBLIC PEDESTRIAN AND EQUESTRIAN TRAIL FROM AN ACCESS POINT AT THE NORTHWEST CORNER OF TAX LOT 31 AT CAMINO MONTE TO INTERCEPT THE LYKKEN TRAIL WITHIN ONE-HALF (%) MILE, SECTION 27. ------------------- I HEREBY CERTIFY that this Minute Order to approve an agreement for a trail easement between the City of Palm Springs, John and Sandy Wessman, Descanso West, LLC, W. Curt and Jacqueline S. Ealy and Wessman Development Company Profit Sharing Plan in order to constrcut a public pedestrian and equestrian trail from an access point at the northwest corner of Tax Lot 31 at Camino Monte to intercept the Lykken Trail within one-half('/) mile, Section 27, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 71h day of April, 2004. PATRICIA A. SANDER6 City Clerk