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HomeMy WebLinkAbout00048C - WILLARD ENCROACHMENT R/W 116 SPC anar Y ��c-24 WntARD, STEPHEI�, H_ r/w encroachment agreement,. A G R E E K E N T AGREEMENT NO. 48 WHEREAS, Stephen H. Willard and Beatrice Willard are the owners, and Lanz, Incorporated, the lessees, of the following described property, to wit: The property known as 116 South Palm Canyon Drive in the City of Palm Springs, County of Riverside, State of California, and legally described as a portion of Block 27 of Palm Springs, beginning eighty (80) feet south of the northwest corner, the south thirty—four (34) feet, east one hundred ten (110) feet; as recorded in Map Book 9, Page 432, Records of San Diego County, California; and WHEREAS Lanz, Incorporated, by and through its authorized agent, applied for a variance-so as to remodel the existing store front at the premises hereinabove described; and WIMEAS said variance from the provisions of the set—back ordinance of the City of Palm Springs was for the purpose of encroaching into the set—back area a distance of not greater than eight (8) feet, said set—back area being re— quired by Article 958 of the hereinabove referred to set back ordinance; and WHEREAS after a hearing upon the matter the Variance Board of the City of Palm Springs did grant said eight (6) foot encroachment into the set—back area, said set—back area being measured .from the centerline of Palm Canyon Drive and being a set back of fifty (50) feet; and WHEREAS said set back encroachment was granted on the express condition that the said encroachment would be for no greater a distance than eight (8) feet into the fifty (50) foot set—bank area; and that, should the State of California or the City of Palm Springs desire to acquire the land comprising the eight (8) foot encroachment that neither the City of Palm Springs nor the State of California shall be required to reimburse the owner or his successors in interest for the building encroachment upon the said eight (8) feet and now contemplated in coo unction with the remodelling of the store front; NOW THERMFORE,''-:Stephen H. Willard and Beatrice Willard, as owners, and Lanz, Incorporated, as lessee of the hereinabove described property, do hereby ratify the acts taken by the Planning Commission and do agree to accept the conditions in the variance granted as heretofore set forth. Dated at Palm Springs, California, Owner this _day of January, 1954 Owner Lanz, Incorporated, by _ r i (( w . ���;1. Lessee off' .. .ya ar �r CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA ) /0n 59 COUNTY OF j On this �,� � day of January, 1954, before me, i%!i }� �,i .. ., 3; Notary P blic in and for t,he..said County, personally appear6d.c�� rf'�/YlJf Gv, rvJa) E r .. , lmown to me to be theV{'resident of Lanz, Incorporated 'yt „t,,';e:0ecuted the within instrument on behalf of the Corporation therein„�afaed.�. ai d,, 'acknowledged to me that such corporation lxsuant to a resolution of its Board of executed the withr�,instr}uge7�t;'p Directors. j r commission expires, ••.' „ ". Notary Publi Coun y of '&i-uers0 %�- � 4:�,�, State of Ca ornia W' Vq1 INDIVIDUAL ACKNOWLEDGMENT am1552 wE24 STATE OF CALIFORNIA) COUNTY OF -R Onkis., 3 k day of January, 1954, before me, ..�. �'q.� [Cl Notary Milo in and for said County, personally appeared Stephen H. llard `and Beatrice Willard, known to me to be the persons whose names are ;subscribed to the within instrument, and acknowledged that they exedutbd'the same. Notary Public County o .Aare, i My commission expires j9e,�,�, (yjf State of Cali ornia /qrd