HomeMy WebLinkAboutA3601A - ALBERTSONS SIDEYARD SETBACK 11541 RECEIVED FOR RECORD
AT 8:00 O'CLOCK
RECORDING REQUESTED BY AND APR w 7 1997
WHEN RECORDED RETURN TO:
City of Palm Springs. Rocord&d,a Olfidal Records
P.O. Box 2743 of Rbvemde County,Caldnrn,2
Palm Springs, CA 92643 Aepord�+ol Attention:City Clerk Fees$
(Space above line for
Recorder's use only)
06AOCSR.DOC
#06AO Sunrise & Vista Chino
03/27/96 10:19 AM j Palm Sprl^^- !'A
PS Ctr - Albertsons - City
Sideyard Setback Restriction
SIDEYARD SETBACK RESTRICTION AGREEN AGREEMENT #3601A
CM Signed, 4-12-96
THIS SIDEYARD SETBACK RE—NTP.ICTION AGREEMENT
this 11Z day of A e Zt I_. 1996, by and among P.S. CENTER, LTD., a
California Limited Partnership ("P.S. Center"), ALBERTSON'S, INC., a Delaware
corporation ("Albertson's"), and the CITY OF PALM SPRINGS, a municipal corporation
("City").
WHEREAS, P.S. Center is the owner of the real property situated in the County of
Riverside, California shown as Parcel ? on Exhibit "A" attached hereto and incorporated
herein by this reference and more particularly described as Parcel 7 of Parcel Map No. 27975
as recorded in Map Book 186, Pages 48 to 49, inclusive, of the Official Records of Riverside
County, California ("P.S. Center's Property"); and
WHEREAS, Albertson's is the owner of the real property situated in the County of
Riverside, California adjacent to P.S. Center's Property shown as Parcel 8 on Exhibit "A" and
more particularly described as Parcel 8 of Parcel Map No. 27975 as recorded in Map Book
186, Pages 48 to 49, inclusive, of the Official Records of Riverside County, California
("Albertson's Property"); and
WHEREAS, P.S. Center and Albertson's intend to establish a common plan of setback
restrictions designed to benefit P.S. Center's Property and Albertson's Property by creating a
fifty(50) foot setback area between any building constructed on the P.S. Center Property and
any building constructed to the east of the building on P.S. Center's Property on the
Albertson's Property in which no buildings or structures may be erected or placed;
WHEREAS, the above-referenced! setback restriction is required to comply with the
requirements of the Palm Springs Municipal Code and is a condition to approval of the
development of the P.S. Center Property and the Albertson's Property (the "City Approval")
NOW, THEREFORE, based upon the foregoing and in consideration of the promises,
covenants, agreements and undertakings contained in this Agreement, and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
parties agree as follows:
1�.555�
1. No Buildines.
No building or structure shall be commenced, placed, constructed, erected,
maintained or permitted to remain on the property shown on Exhibit "A" as "Sideyard
Setback" and more particularly described in Exhibit "B" attached hereto and incorporated
herein by this reference (the "Setback Area"). Nothing herein contained shall be deemed a
restriction on the use of the Setback Area, for utilities, parking, driveway, walkway, fencing,
landscaping, loading docks, trash enclosures, bottle storage or other service facilities.
2. Duration and Modification.
No addition, modification or amendment of any term of this Agreement shall be
effective unless set forth in writing and signed by the parties hereto. The covenants,
conditions, restrictions and provisions of this Agreement are imposed upon:
(a) That portion of P.S. Center's Property lying within the Setback Area
(the "P.S. Center Setback Area") for the benefit of Albertson's Property, and shall run
with and bind the P.S. Center Setback Area and P.S. Center, and its successors,
assigns, legal representatives and heirs of P.S. Center's Property, and shall inure to the
benefit of and be enforceable by the owners of Albertson's Property; and
(b) That portion of Albertson's Property lying within the Setback Area (the
"Albertson's Setback Area") for the benefit of P.S. Center's Property, and shall run
with and bind the Albertson's Setback Area and Albertson's and its successor and
assigns of the Albertson's Property, and shall inure to the benefit of and be enforceable
by the owners of P.S. Center's Property.
The term of this Agreement shall be sixty-five (65) years commencing on the date this
Agreement is recorded in the Official Records of Riverside County, California. After such
term, said covenants, conditions, restrictions and provisions shall be automatically extended
for successive periods of ten (10) years unless an instrument signed by all of the then owners
of the P.S. Center's Property and Albertson's Property and the City have been recorded in the
Official Records of Riverside County, California, agreeing to change said covenants,
conditions, restrictions and provisions in whole or in part.
3. Enforcement by City.
In consideration for City, granting the City Approval, P.S. Center and
Albertson's hereby agree to hold, sell, and convey the P.S. Center Property and the
Albertson's Property subject to the covenants, conditions and restrictions of this Agreement.
P.S. Center and Albertson's also grant to the City the right and power to enforce the
covenants, conditions and restrictions contained in this Agreement against the P.S. Center,
Albertson's and all persons having any right, title or interest in the P.S. Center Property and
the Albertson's Property, or any part thereof, their heirs, successive owners and assigns.
2
• • 11555
4. No Waiver.
No failure or delay on the part of a covenantee to enforce any covenant,
condition, restriction or provision contained in this Agreement or in exercising any right,
power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any
single or partial enforcement or exercise of any right, power, privilege or remedy preclude any
other or further exercise of the same or any other right, power privilege or remedy.
5. Enforcement and Cumulative Remedies.
Violation or breach of any covenant, condition, restriction or provision
contained in this Agreement shall give to a covenantee the right to prosecute an action or
proceeding at law or in equity against the person or persons who have violated or breached or
are attempting to violate or breach any of such covenants, conditions, restriction or provisions
to enjoin or prevent them from doing so, to cause such breach or violation to be remedied or
to recover damages for such violation. The rights, powers, privileges and remedies of a
covenantee provided herein are cumulative and not exclusive of any right, power, privilege or
remedy provided by law or in equity.
6. Severability.
In the event any portion of this Agreement shall be declared by any court of
competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed
severed from this Agreement, and the remaining parts hereof shall remain in full force and
effect, as fully as though such invalid, illegal or unenforceable portion had never been part of
this Agreement.
7. Attorney's Fees
If any litigation is commenced between the parties hereto concerning this
Agreement or the enforcement thereof, or the rights or obligations of any party in relation
thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief
as may be granted, to a reasonable sum as and for its attorney's fees in such litigation
(including any appeal thereof), which sum shall be determined by the court in such litigation
or in a separate action brought for that purpose.
8. Headings.
The paragraph headings contained in this Agreement are for purposes of
reference and convenience only and shall not limit or otherwise affect the meaning of this
Agreement.
3
9. Section 1468.
It is the intent of the parties hereto that this Agreement comply with the
provisions of Section 1468 of the California Civil Code.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
P.S. CENTER: P.S. Center, Ltd.,
a California Limitedq Partnership
+?r>✓5i941f 4?a ir#tr
By:
STATE OF CALIFORNIA )
ss.
County of 1%L* day-a- ) ��^^II.. ^^ .. (�_LJ
On & , before me} .JIW Lbfl n6L I. , a Notary Public
in and for said State, personally appeared , [personally
known to me] [ ] to" be the person(s) whose
name(s) is/are subscribed to this 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 hand and official seal.
Commission Expires: 2 U
JULIANNA BO
Comm.#1088688
O NOTARY PUBLIC-CALIFORNIA
- • SANTA CLARA CCJNTY O
Ccmm.Czp.Fc_.-3.MO �
4
ALBERTSON'S: Albertson's, Inc., a Delaware
corporation
,
� M
n Thomas R. Saldin
"Vl Executive Vice President,
JVII Administration and General Counsel
STATE OF IDAHO )
s$.
County of Ada )
On this ��day of 1 v + � � 1996, before me, the undersigned, a
Notary Public in and for said State, personally appeared Thomas R. Saldin, to me known to
be the Executive Vice President, Administration and General Counsel, of Albertson's, Inc.,
the corporation that executed the foregoing instrument, and acknowledged to me that the said
instrument is the free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that he is authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in this
certificate first above written. r —�
i
My commission expires: \
No ry blic in and for th
ate Idaho
nding at Boise, Idaho
aonr.coon`�`"
5
• 1�555-a
City: CITY OF PALM SPRIN ,
a municipal corporat'
By:
City M er
"City"
ATTEST:
By1—
ity Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER
David J. Aleshire,
City Attorney
RECOMND
G
1
y: a
Director of Public Works
APPROVED AS TO OWNERSHIP AND
LEGAL DESCRIPTION
�O�li�7C� �Qih �7/yvj
STATE OF CALIFORNIA )
ss.
County
On the .day of 1996, before me,-the uundersigned, a
Notary Public in ands for said State and County;'' personally appeared
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person�who-'-executed the within instrument, as the
\:on'behalf of the CITY OF PALM SPRINGS, the
municipal corporation therein nam -;and acknowwledged to me that such corporation executed
the within instrument pursuazpt-to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public
6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of
County of
On before me,
DATE I NAME,TITL-OF OFFICER-E G.;RJANE DOE,NOTARY PUBLIC"
^ a (�
personally appeared Zj 'lC-&_ , �(�/a6 5 Z_
NAME(3)flF�IGNER(S) f
personally known to me --OR=-0-proved-to_ o� --the-basis-ofsatisfactory-evidence-
to be the person whose nameisrar`e�
subscribed to the within instrument and ac-
knowledged to me that he/shQdCey executed
f'� the same in his/her t� authorized
1048857
ELAINE L.WEDEKIND capacity 'fes); and that by his/her�r)
z :D- My
NotaryPulilic—Califomia signaturq�) On the instrument the person as-,')
RIVERSIQE COUNTYor the entity upon behalf of which the
Comm.E: ires
=^ Expires FEB�B3" aW person Ls-)-)acted, executed the instrument.
`a
WITNESS my hand and official seal.
"SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
u:
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
q
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
�� ❑ PARTNER(S) ❑ LIMITED
_ ❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S) I "
"� ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEHSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Femme[Ave,P.O.Box 7184•Canoga Park,CA 91 309-71 84
115551
March 26, 1996 W.0.95-208.1
E3IIMIT "B"
BUILDING SETBACK EASEMENT
LEGAL DESCRIPTION
P. S. CENTER SETBACK AREA
ALL THAT PORTION OF PARCEL 7 OF PARCEL MAP No.27975,AS RECORDED IN PARCEL MAP BOOK
186, PAGES 48 AND 49,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 7, THE FOLLOWING FIVE(5)COURSES
BEING ALONG THE EASTERLY LINE OF SAID PARCEL 7.
THENCE N 000-13'-17" W, A DISTANCE OF 62.30 FEET.
THENCE S 890-46'-43" W, A DISTANCE OF 10.00 FEET.
THENCE N 000-13'-17" W, A DISTANCE OF 173.70 FEET.
THENCE S 890-46'-43" W, A DISTANCE OF 17.00 FEET.
THENCE N 000-13'-17" W, A DISTANCE OF 46.99 FEET TO THE NORTHEAST CORNER OF SAID
PARCEL 7.
THENCE S 89°-46'-43"W, ALONG THE NORTH LINE OF SAID PARCEL 7, A DISTANCE OF 50.00 FEET.
THENCE S 000-13'-17" E, A DISTANCE OF 46.99 FEET.
THENCE N 890-46'-43" E, A DISTANCE OF 17.00 FEET.
THENCE S 000-13'-17" E, A DISTANCE OF 173.70 FEET.
THENCE N 890-46'-43" E, A DISTANCE OF 10,00 FEET.
THENCE S 000-13'-17" E A DISTANCE OF 62.30 FEET TO THE SOUTH LINE OF SAID PARCEL 7.
THENCE N 89°-46'-43" E, ALONG SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
F:\DATAN95DATA\DRAWINO\LEGALS\95-ngM.ALB
11555"i
PAGE 2
EXHIBIT "B" CONT.
ALBERTSON'SSETBACK AREA
ALL THAT PORTION OF PARCEL 8 OF PARCEL MAP No.27975,AS RECORDED IN PARCEL MAP BOOK
186, PAGES 48 AND 49,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS.
COMMENCING AT THE MOST SOUTHWEST CORNER OF SAID PARCEL 8 AND THE SOUTHEAST
CORNER OF PARCEL 7, THE FOLLOWING FIVE(5) COURSES BEING ALONG THE COMMON LINE OF
SAID PARCEL 7.
THENCE N 000-13'-17" W, A DISTANCE OF 62.30 FEET.
THENCE S 890-46'-43" W, A DISTANCE OF 10.00 FEET.
THENCE N 000-13'-17" W, A DISTANCE OF L73.70 FEET.
THENCE S 890-46'-43" W, A DISTANCE OF 17.00 FEET TO THE TRUE POINT OF BEGINNING.
THENCE N 000-13'-17" W, A DISTANCE OF 46.99 FEET TO THE NORTHEAST CORNER OF SAID
PARCEL 7.
THENCE N 890-46'-43" E, A DISTANCE OF 3.00 FEET.
THENCE S 000-13'-17" E, A DISTANCE OF 46.99 FEET TO THE COMMON LINE OF SAID PARCELS 7
AND 8.
THENCE S 890-46'-43" W ALONG SAID COMMON LINE A DISTANCE OF 3.00 FEET TO THE TRUE
POINT OF BEGINNING.
F:\DATA\95DATA\DRAWWGQ EGALS\95-MEM.ALB
PARCEL 10
P,M, 27975
PARCEL 3 I 1
P:M. 27975
+II
PARCEL 9
II I P.M. 27975
• I PARCEL 8 PARCEL 2
P.M. I - -
.M. 27975 P.M. 27975 G
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P.M. 27975 I III 6m mg P.M. 27975
N
N
JCL SUNRISE WAY
EASEMENT PLAT
BUILDING SETBACK EASEMENT FOR ALBERTSON'S
OVER A PORTION OF PARCEL 7 OF PARCEL MAP
279A�NUNAL
RDED IN PARCEL MAP BOOK 186, pESGN 9Y SCALE FILE N0.
PAG4 IVERSIDE COUNTY RECORDS. STAFF 1"=100'
CHECKS) SY SHEET1PROLAND SURVEYO 146 JLS 1 OF 1
Exhibit "B"
L - -
LT
I N ! I BUILDING LIMIT LINE ----__- - �A,J-- 90 9CBv Pa"a sP T"„o
PAD 'A" PAD "B" PAD 'C" PAD T" PPD
5.000 S.F. 5,000 S.F. 5 000 S.F. � PAD "S.
u� __--_ MAKEOSDBF 5,000 SF 7 g,000 S.F
MAX, w/0 E -mem MAY, n,5DD SP MAX.IYmo S.F MAX t3,5oD sE
V W/ DRIVE-THRUI W/DRIVE-THRUI W/ DFIVE -THFU/ MAX.
f: TR11Ic SIG", I VISTA CHINO E 21
TJ
INEWI RASED AIEDVNS MEWL RASED 1ICDWJS Y TR.4'fIC SIGNft
RT.IN / BUi �""ER P
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Li.lx vTLCN SIGN
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- - - ----
r NASE. 24 SO
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IL_ _ _ r, li'I n.. j 4 4.:.. . I q , 9
_ PARCEL/ PARCEi'3.`>'::':''.:.r ':''PAftCEL:4.:i�:.: I PARCEL6
1- - -
C ND i..'/��• �PRRCEL 5 u j 1 j
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,n 1------T ms' r f' .: b PARCEL l0 1 1 ! ¢
�c zL 696
c _____________ I 1
r I 1 '� RY1 Y' 1 1 ! LLI
ENrgT/ Exlr PHASE t-A :. I -------------------------1 1
a I SHOPS 1 SHOPS dro II 1 ! V
} 1 "A" I ALBERTSON`S I BLDG. "C" 11
j 12- 0 0 50,245 S.F. ��i _ 'a l� 11 BLDG. 0"
1 S.F. I IzsD•1 — I;O: 25,000 S.F. 90,000 S.F. 1
MAX. 11 VAX ! I : DESIGN ¢ CONSTRUCTION
1 1 - PARCEL 9 '''y•� I 1 250 PAIXCENTER BLVD
1 1 :'' BOISSE.IDA90 837
3c
1 1 F c EMc'RGENCT E%Ii5 t
ELECTRIcI�' ._� ��' PHASE 2 li 1
1 1 GR@LS ENCLOPURE - �a+n.�,-+M*+s�u; t I i
�2 L J ILT 5]'� ww¢r 'S
W - CPNPAC.iOf',: .11.: fN�,—'1- ___
77
PHASE:x"
VISTA'No
PARCEL 7
c .. . . . .
,
SUNRISE
Isa'Mwwuu rRucN cLEM
I I
PALM
GENERAL NOTES EXHIBIT "A" SITE PLAN SPRINcs.
C.1 ETCFY.E ME. cA
WIERE CCCLF$ HATCHED MEA INDICATES
Boo• PAxTED sTRrS NO TRUCK WELLS,NATURAL DOCK ONLY
TYPICAL TOTAL MAX. G`ROS5 BUILDING AREA SHOWN - 220,545 S.F.W X E.
"TIN ENos '1.6' TYPICAL PARKING REQUIREMENTS:
.L PLurERs RETAIL - USED 1/250 S.F. G.B A. TOTAL CARPARKS REQUIRED PER CITY REVIEW �+ _
7— i __ .�„:„arE°°, REST, - USED 1REME S.F. G.B.A. cU
TOTAL CARPARKS PROVIDED %K283 ("43)
_ BUILDING SETBACK REQUIREMENTS: 58,685 S.F. (17 42 AC.) """RrD_`"q`E�°
mE TOTAL SITE AREP. 7BY CITY REVIEW.
""'"OEPARCEL 8 & 9 ONLY.`X. X AGGREGATE BUILDING AREA NOT TO EXCEED 195,900 S.F.
e \ LANDSCAPE REQUIREMENTS= EXHIBIT°A^
f- " `O - BY CITY' REVIEW. APPROVED BY: DATES
..ICM s •L--•-'-•--- SITE PLAN
sTKL tyPCW ROADWAY CPAI SIGNED 1-20-'95 j
- ZONING REQUIREMENTS: PRESIDENT SIGNED 1-20-'95
SIGNED 1-20-S5
SPARKING DETAIL B CURB CUT DETAIL _ EXEC.V.P./SD SIGNED 1�20�N95
REQUIRED-COMMERCIAL SR SPV�CHE ENG. SIGNED GNED ,-?o '9s
6Po ims dgn
I