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HomeMy WebLinkAbout00941 - TACKETT ET AL LICENSE AGR RE INGRESS EGRESS ON AMADO RD W OF INDIAN COUNTY OF RIVERSIDE Twat off;�� Box 7s1 w,o ORo RAH R;vers;de, Calif. 92502 A. e.VAUGHN OFFICE OF THE RECORDER rhon. 787-2961 ASST. RECORDER April. 11 , 1974 City of Palm Springs City Clerk P. O. Ho„ 1786 Palm Springs , CA 92262 Gentlemen I return to you herewith,, your paper erroneously recorded in this of- fice on April 8 , 1974 and beg to advise that this is an illegal docu- ment for the simple reason that it does not contain the original sing-- natures of the persons executing same„ the signatures have not been acknowledged and it appears that you are attempting to incorporate two separate documents as one document. The persons signing the original License Agreement must be acknowledged before a Notary Public using a full statutory acknowledgement form. It would also appear that this document Falls into the category of a right-of-way aced in that it contains provisions for ingress and egress to certain property, as well as maintaining same. The second page with the caption "Agreement by Adjacent Property Owner, '' would appear to be a separate document. However, here again the signa- ture on the original document most be acknowledged before a Notary Public and the signature of the licensor or licensors must appear an the document and said signatures must b : acknowledged before: a notary public. If the agreement is merely an exhibit to the original license, then of course, the agreement need not be acknowledged. however, I am not an attorney; I am not telling you how to execute a document, but what I have stated herein is merely a suggestion and another suggestion would be to procure the advice of your city attorney in making certain that the original document is executed and completed in such a way that it might be entitled to be placed of record. Very truly youls'' 1 + COUNG RECOR t*l sr encl @� " Tacked-. er. a]. •- License Aga, re in- gress and egrets on Ari.ado Rd, id, of C= Indian P1 LiCENSI ACIT'NDENT 1,91i1 (6-1.2-73) C5 TV r, ^7[IS LICENSE, made and entcrecd itrio this; ? da-}� of l 'dd �, by =i n,� Ul.•t:':.I I:L� ����1. , .III ,�. 1. Gllill' l� : kJ I,ij 1, J`A ,N :1NU ic'11N W. HOUGH AS CO-TRUS'1'ETS UND-dfR ThE W[j,L OF C . 1'ACKE'1"1, DEICEAS D, and Vc-RA Td . 1'AChI?TT, hcren1 called L,dCI.N6GR ", and the CITY OF PAL_ M SPRINGS, CALIF01 NI.'1, hereinafter called "LICENSL;L:", Witnesseth: That I,10E1viSOR, being Lessee of those certain premises as . �✓ � - d( scribed in that certain lease dated .Januar)- 31, 195-i, between Frank E. Na]e}' and Charlotte M. Deatri.ck, Lessor. (')wner), and William C. Tackett, Lrssee, and recorded on .May id, 1956, in Bool, 1911, Page 226 of Official Records of Riverside County, for a valuable consideration and the faithful. performance by LICENSEE and by the signaior(s) of the agreement append- ed hereto and following this license (which agreement induced the giving of this license), of all the terms and covenants hereinafter set forth in this license and in the following agreement, does hereby give to LICENSEE for the remaining term of the above described lease and any renewal, extension or assignment thereof, the right to construct, maintain, operate and use for ingress and egress purposes of any and all public vehicular and pedestrian traffic over and across that certain parcel of land situated in the City of Palm Springs, County of Riverside, State of California, described as The Westerly 21. 00 feet of the Easterly 42. 00 feet of the Southerly 5". 00 feet of. Lot S in Block 24 of the Townsite of Palm Springs as per map thereof recorded in Boole 0, Page 432 of Maps, Records of San Diego County, California, in the City- of Palm Springs, County of Riverside, State of California. This license is given upon and subject to the following terms and conditions: 1. All maintenance of the above--described parcel shall be done at no expense to said LICENSOR or owner of said property. 2. LICENSOR reserves the right to use and enjoy all rights over said parcel that will not directly conflict wiih any rights herein granted. 3. It is understood and agreed that this License can be can- celled by LICENSOR at such time that additional parking space adequate to satisfy zoning requirements related to the use and development of the property immediately ad,lncenl: to the north has been otherwise provided, andior another method of ingress and egress acceptable to zoning ❑ulhoritiu.s has been provided for use of said adjacent property. s ECURITY 11-ACIFTC NATIONAL BANK AND JOHN W. 146UGII AS CO-TRUSTEES UNDII;{i THE WILL OF WILLIAM C. `I CliL'I'T, DECEASED, Licensor i i 13y------ Beal T,statc OCf.icer i Paac 1 of/ ' P�igora John W. hough �Vera IT. Tackett, Licensor ACCEPT!=n: CITY OF PALM SPRINGS, CALIFORNIA, Licensee By CIeY L7fii:iC f JWITPI 5U;1TCH AGREEMENT BY ADJACENT PROPERTY OWNER The undersigned, being the principal oeneficiary along with the public, of the and in Con__d Cra t i Cd, -•f tiLc, granting thereof, and .r, order to induce the above-named LICENSOR to give and grant such license, hereby agrees) as follows: 1. All facilities to be constructed in conjuncl:ion with the fore- goinE License shall be constructed at no expense to LICENSOR or the owner of said property and any expenses for same shall not become a lien upon said property, and the undersigned shall save the LICENSOR and owner free and harmless from any such liens for such expenses. 2. It is understood and agreed that parking lot of the undersigned adjacent to and north of premises of LICEi\SOH may be used by customers of LICENSOR in the same manner as by customers of LICENSEE without cost during the duration of the above License. 3. The undersigned shall indemnify, defend and hold harmless LICENSOR and tle owner from any and all claims and demands, whether valid or invalid, and liability by reason of the ingress or egress usage by third parties under the foregoing License. 1973,Dated: a /4" vim!✓'�%G. n_. /�Z;^CL�/.'�/.�'-� l I i it i t ell TI , ezX. / — 77l i �L r,7- / �� i r oil, /�� ,F `° 5,f•'>;��iv j;,ar�iv._a pap t d.'. L. ( [ I - .v.......,<,.y.<.....m_....,.--...,�...,....,,v:»..�.ow... -- ..�.....-.,.G!.".�1R,.4�N ���:�`...... mo i�d e�a`�I C'°!"�r�"�I � ,�.� ..".mo..<...�.A_....�.,R..„....e,..�-.-_.,...».,.•_..,.._,.....,.._....-r.,,.,,..-_�f E N'G I I l E E R I€jJ G DIVIS 'C7€ i L/is�,C .r•c: „ DESIGN BY: SCALE: n 7 t\ h (( ti RECEIVED FOR RECORD APR 8 1974 - _ 30 Min. Past 9 o'C1ock A.M. r. f At Request of Bock 1974, Page Recorded in Official Recordv of Riverside Ceuniy, �a.•�•••,� Recorder _ _ _ � FEES S /i L.$..�L_��• ' Tackett et al - License Agr re in- gress and egress on Amado Rd, W. of Indian LICENSI AGREEMENT #941 (6-12-73) N J-`� THIS LICENSE, made and entered into this ��day of j(/NE 1973, by and between SECURITY PACIFIC NATIONAL BANK AND JOHN W. HOUGH AS CO-TRUSTEES UNDER THE WILL OF WILLIAM C. TACKETT, DECEASED, and VERA H. TACKETT, herein- after called "LICENSOR", and the CITY OF PALM SPRINGS, CALIFORNIA, hereinafter called "LICENSEE", Witnesseth: That LICENSOR, being Lessee of those certain premises as ✓'✓ �LJ described in that certain lease dated January 31, 1954, between Frank E. Naley and Charlotte M. Deatrick, Lessor, (Owner), and William Ca Tackett, Lessee, and recorded on May 14, 1956, in Book 1911, Page 226 of Official Records of Riverside County, for a valuable consideration and the faithful performance by LICENSEE and by the signator(s) of the agreement append- ��d''ti` (Lp ed hereto and following this license (which agreement induced the giving of I this license), of all the terms and covenants hereinafter set forth in this license and in the following agreement, does hereby give to LICENSEE for the remaining term of the above described lease and any renewal, extension or assignment thereof, the right to construct, maintain, operate and use for ingress and egress purposes of any and all public vehicular and pedestrian traffic over and across that certain parcel of land situated in the City of Palm Springs, County of Riverside, State of California, described as follows: The Westerly 21. 00 feet of the Easterly 42. 00 feet of the Southerly 54. 00 feet of Lot 8 in Block 24 of the Townsite of Palm Springs as per map thereof recorded in Book 9, Page 432 of Maps, Records of San Diego County, California, in the City of Palm Springs, County of Riverside, State of California. This license is given upon and subject to the following terms and conditions: 1. All maintenance of the above-described parcel shall be done at no expense to said LICENSOR or owner of said property. 2. LICENSOR reserves the right to use and enjoy all rights over said parcel that will not directly conflict with any rights herein granted. 3. It is understood and agreed that this License can be can- celled by LICENSOR at such time that additional parking space adequate to satisfy zoning requirements related to the use and development of the property immediately adjacent to the north has been otherwise provided, and/or another method of ingress and egress acceptable to zoning authorities has been provided for use of said adjacent property. SECURITY PACIFIC NATIONAL BANK AND JOHN W. HOUGH AS CO-TRUSTEES UNDER THE WILL OF WILLIAM C. TACKETT, DECEASED, Licensor By Vic" -Frr si ert� By , Assistant Trus Real Estate Officer Page 1 of Pages By John W. Hough ,, 7 Vera H. Tackett, Licensor ACCEPTED: CITY OF PALM SPRINGS, CALIFORNIA, Licensee By F, D. hL�SFI%.Cis � CITY CIE. I{ `C1i3]TTI' SYfffte _D PtTY CITY CItrt AGREEMENT BY ADJACENT PROPERTY OWNER The undersigned, being the principal beneficiary along with the public, of the foregoing license, and in consideration of the granting thereof, and in order to induce the above-named LICENSOR to give and grant such license, hereby agree(s) as follows: 1. All facilities to be constructed in conjunction with the fore- going License shall be constructed at no expense to LICENSOR or the owner of said property and any expenses for same shall not become a lien upon said property, and the undersigned shall save the LICENSOR and owner free and harmless from any such liens for such expenses. 2. It is understood and agreed that parking lot of the undersigned adjacent to and north of premises of LICENSOR may be used by customers of LICENSOR in the same manner as by customers of LICENSEE without i cost during the duration of the above License. S. The undersigned shall indemnify, defend and hold harmless LICENSOR and the owner from any and all claims and demands, whether valid or invalid, and liability by reason of the ingress or egress usage by third parties under the foregoing License. Dated:___ ���/r�N �r� 1973. Page 2 of 2 Pages C�i \d j Q 4 �j '!• r�,i rr ,�•q.dA.r y«.l,lr`:' :..,A ["`"`r>".`7 ',-� l.t r'r.,.-. ,;...� E p CITY OF Pli-a Ufi DE-FARTNI S�&T OF f'UDUC b4ORKS� — e E«G1h1EEIIHMc,_._Dlvl� 1(7H .p�p SCALE: -•_� fILE Pd v..._.�, CMIECKED BY: DWG. M2: SHEET ... ..•�T.,�.�,.,a,. .�...„ a�,..e._. --�,�,�.,�_.��t.,.t,...a �.i.,,..i.,.�..�..,,_�� ---- C.f>