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HomeMy WebLinkAboutFY 1991-1992 Landscape and Lighting AD Tract 23982 Sonata CITY COUNCIL ACTION: APPROVED DENIEr RECEIVED OTHER ,QQ C.kg-f 0. i(rn a MEETING DATE AYES: MEMORANDUM NOES: ABSENT: CITY OF PALM DESERT ABSTAIN: \i-NL VERIFIED BY: Original on File with' Cit� erk' s Office TO: City Council & City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director SUBJECT: LANDSCAPE AND LIGHTING ASSESSMENT, FISCAL YEAR 1991-92 FOR TRACT 23982 - SONATA DATE: October 24, 1991 RECOMMENDATION: By minute motion, approve the following: 1 . The relandscaping of the Sonata subdivision, Tract 23982, shall be accomplished by the developer, Barcon Development, or other appropriate funding. 2. Property owners shall pay $282.88 per parcel for FY 1991-92 in two installments due December 10, 1991 and April 10, 1992. 3. Beginning FY 1992-93, the property owners shall be assessed for the full annual estimated costs. BACKGROUND: During the public hearings for the annexation and levy of assessments for the Landscape and Lighting District No. 6 (Monterey Meadows) for fiscal year 1991-92, concerns were raised by the property owners on Sonata Court (Tract 23982- Sonata) as to the assessment process and cost. By Council action, the subdivision was annexed into the district; a recommendation was made to direct staff to review the situation with the developer and residents; and a zero dollar assessment was made for fiscal year 1991-92. The City has tried to reach a solution with the property owners. The current situation with property owners is that they are still trying to determine any responsibility or fault of the developer in the disclosure of their obligation to the maintenance district. Presently, the City has assumed the maintenance responsibility for the parkway areas adjacent to the subdivision. When the assessment district budget for fiscal year 1991-92 was developed, the estimated annual cost for the Sonata subdivision (Tract 23982) was $10,026.00. For the sixteen parcels in the subdivision, this would be an annual assessment of $626.62 per parcel . The largest single expense of landscape maintenance was bid at $250.00, one half the estimated amount. With a $3,000.00 reduction, the annual assessment would be reduced to $440.00 per parcel . Page 2 City Council 8 City Manager The property owners expressed their opposition to the payment of $626.62 and continue to express a very strong opposition the payment of $440.00. A proposal was developed where each of the property owners pay $250.00 for the first year and the developer and City share the difference of $190.00 per parcel . After the first year, all expenses would be covered by full assessment of the property owners. An alternative proposal would be that the City and developer cover the first year's expense. The City would contribute $345.00 per parcel and the developer would contribute $95.00 per parcel . Again, after the first year, all expenses would be covered by a full assessment. At this point, it appears that no unanimous decision or solution can be reached by the individual property owners. As a record of history the following is attached: Attachment A - Approved conditions of development. Page 4 - item B, Landscape maintenance on Hovley Lane/Portola Avenue shall be provided by the homeowners association. Attachment B - Approved modification, changes establish a public street and assessment district required for perimeter landscaping. Attachment C - Architectural Review Commission approval of landscape plans. Attachment D - Title report for lot 13. The assessment district was established after the property was sold, therefore, no record of existence. The CC 8 R's referenced in the title report, page 3 - item 5, in Section 3.03 (Attachment E) states the "Owners shall have no responsibility to maintain any area or improvements upon any area which lies within a maintenance district The City established the Assessment District, as was its intention to do so, when the modification to the conditions of development was approved on December 20, 1988. At the October 24, 1991 , Council meeting, this matter was continued so a possible relandscaping plan could be developed. Attachment "F" is a breakdown of a landscape design that would eliminate the grass areas and utilize a retrofit drip irrigation system. It is projected that this change could realize a $2,500.00 annual reduction in maintenance and utility cost. At a minimum the investment would be cost effective after four years. Page 3 City Council & City Manager Following are (a) the original FY 1991-92 budget (b) the revised budget and (c) an estimated budget with relandscaping: Maintenance and Operation (a) (b) (c) Landscape Maint. $6,000.00 $3,000.00 $1 ,500.00 Repairs 2,000.00 2,000.00 2,000.00 Water 1 ,500.00 1 ,500.00 500.00 Electric (irrigation/ lighting) 300,00 300.00 __ 300.00 TOTAL = 9,800.00 6,800.00 4,300.00 Incidental Expenses County Processing 50.00 226.00 50.00 Roll Preparation 22.00 22.00 22.00 Administration 154.00 154.00 154.00 TOTAL = 226.00 226.00 226.00 GRAND TOTAL = $10,026.00 $7,026.00 $4,526.00 Per Parcel Assessment $ 626.62 $ 439. 12 $ 282.88 ( 16 Parcels) As presented, there could be an annual per parcel savings or $157.00 with the re- landscaping. The actual savings are dependent on the cost of maintenance and actual water use. It is felt that the developer, Barcon Development should fully contribute to the relandscaping cost. At this time there is no firm commitment from them on this issue. Public Works staff recommend that the relandscaping of the area be accomplished by the developer or other appropriate funding and the property owners pay the equivalent cost assessment of $282.88 for FY 1991-92 in two installment on December 10, 1991 , and April 10, 1992. Beginning FY 1992-93 the property owners shall be asses ed for the full annual estimated costs. RI ARD J. FOLKER , . . REVIEW & CONCUR FINANCE DIRECTOR RJF:TB/rh REVIEW & CONCUR CITY MANAGER Attachment "A" .. + +r ;,,,; ,r , ATTACHMENT A VV �.::',.fir,..: o'. r5. fr.ti �'` • T ©NV © Papa D eseJ1 t�., , -e f, 73-510 FRED WARING DRIVE, PALM DESERT CALIFORNIA 92260 TELEPHONE(619)346-0611 • PLANNING c omassiON MELTING P NOTICE OF ACTION Date: October 4, 1988 Barcon Development Robert Smith 68-713 Perez Road Mainiero, Smith & Assoc. Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 Palm Springs, CA 92262-7066 Re:ITT 23982 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 4, 1988. • 4 D LW I DOPI'ICN OF PLANNING Q MISSION I D►• 'ION NO. 1314. MOTION CARRIED 5-0. Any appeal of the above action_ may be made in writing to the Director of Community Development, City of 5alm Desert, within fifteen (15) days of the date of the decision. r , S `r it RAMON A. DIAZ, SECiti ` Y PALM DESERT PLANNING ' LISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNIN )MMISSION RESOLUTION NO. 13P Z 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT. CALIFORNIA. APPROVING A 16 LOT SINGLE FAMILY SUBDIVISION LOCATED SOUTHWEST OF PORTOLA AVENUE AND HOVLEY LANE. CASE NO: TT 23892 WHEREAS. the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 1988. hold a duly noticed public hearing to consider the request by BARCON DEVELOPMENT for the above mentioned project. WHEREAS. said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act. Resolution No. 80-89". in that the director of environmental services has determined that the project will not have a significant environmental impact and a negative declaration has been prepared. WHEREAS. at said public hearing. upon hearing and considering all testimony and arguments. if any. of all persons desiring to be heard. said planning commission did find the following facts and reasons to exist to justify approval of the tentative tract map: �... (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of • development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious .public health problems. (g) That the design of the subdivision or the type of improvements will • not conflict with easements. acquired by the public at large. for access through or use of property within the proposed subdivision. NOW. THEREFORE, BE IF RESOLVED by the Planning Commission of the City of Palm Desert. as follows: 1 . That the above' recitations are true and correct and constitute the Findings of the commission in this case; 2. That it does hereby approve the above described Tentative Tract Map No. 23982. subject to fulfillment of the attached conditions. 1 PLANNING COMMISSION RE' IT1ON NO. 1314 3 PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission. held on this 4th day of October, 1988 by the following vote. to wit: AYES: DOWNS. LADLOW, RICHARDS, WHITLOCK, ERWOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RICHARD ERWOOD. Chairman ATTEST: RAMON A. DIAZ. Se et0------- /fr 2 PLANNING COMMISSION RESOI ON NO. 1314 411 7 CONDITIONS OF APPROVAL CASE NO. TT 23982 Department of Community Development: I . The final map shall conform substantially with the tentative tract map as modified by the following conditions. 2. Applicant shall obtain clearance from the following agencies prior to construction: Public Works Department Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Building and Safety Department Evidence of said permit or clearance frpm. the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 3. The applicant shall pay all applicable fees in accordance with city — policy including lizard fees. 4. Front setbacks - 20' to main garage door. straight driveway; or 15' otherwise. rear setbacks - 15' . side setbacks = 5' . building height 15' maximum. 5. Twenty feet of landscaped area along Portola and Hovley for an 8' wide meandering sidewalk. 6. Minimum cul-de-sac shall be 36 feet in width. 7. Perimeter decorative walls ' reguired at minimum 6' and maximum 8' . if used in conjunction with retaining walls and 20' setback from curbline. Department of Public Works: I . Drainage fees . in 'accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance No. 507. shall be paid prior to recordation of final map. 2. Storm drain construction shall be contingent upon a drainage study prepared by a civil engineer that is reviewed and approved by the department of public works. .3. . Signalization fees. in accordance with City of Palm Desert Resolution No's. 79-17 and 79-55. shall be paid prior to recordation of Final map. . . I 3 PLANNING COMMISSION RESOI ON NO. 1314 5 7 ' 4. Full public improvements. as required by Sections 26.44 and 26.40 of the . Palm Desert Municipal Code. shall be installed in accordance with applicable city standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the director of public works for checking and approval before construction of any improvements is . commenced. Off-site improvement plans to be approved by public works • department and a surety posted to guarantee the installation of required off-site improvements prior to recordation of the final map. Such oFF-site improvements shall include, but not be limited to, curb and gutter. asphalt paving and concrete sidewalk in an appropriate size and configuration. "As-built" plans shall be submitted to, and approved by, the director of public works prior to the acceptance of the improvements by the city. • 6. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to the project final . 7. All private streets shall be inspected by the engineerina department and a standard inspection fee shall be paid prior to recordation of the final map. 8. Landscaping maintenance on Hovley Lane/Portola Avenue shall be provided • by the homeowner's association. 9. As required under Section 12. 16 and 26.44 of the Palm Desert Municipal Code. all existing utilities shall be underarounded per each respective utility district' s recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility underarounding district. 10. In accordance with Palm Desert Municipal , Code Section 26.44, complete gradina plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11 . As required by Section 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan, dedication of halF-street right-of-way at 50 feet on Portola Avenue and 44 feet on Hovley Lane shall be provided prior to recordation of the final , map. 12. Traffic safety striping on Hovley Lane/Portola Avenue shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 4 • 4 67. PLANNING COMMISSION RESO__. lON NO. 1314 13. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Code. 14. Complete tract map shall be submitted, as required by ordinance, to the director of public works for checking and approval and be recorded before issuance of any permits. 15. Any and all off-site improvements shall be preceded by the approval of plans and the Issuance of valid encroachment permit(s) by the department of public works. 16. A completed preliminary soils investigation, conducted by a registered soils engineer. shall be submitted to and approved by the department of public works prior to issuance of the grading permit. 8. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Section 25 of the Palm Desert Municipal Code. 9. All private streets shall be designed and constructed in accordance with City of Palm Desert design standards. Prior to Issuance of any permits, applicant shall pay a standard inspection fee. • 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and' approval prior to issuance of any permits. City Fire Marshal : 1 . The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Section 10.301C. 2. Provide, or show there exists a water system capable of providing a potential fire flow of 1500 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gpm for a 2 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2") , located not less than 25' nor more than 200' from any portion of the building(s ) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel " type . 5 • .PLANNING COMMISSION RE JTION NO. 1314 7 U 5. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval , the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. • 6. Whenever access into private property is controlled through use of gates, barriers , guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a radio-controlled over-ride system,,capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities .to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12". with a minimum vertical clearance of 13"6' . • /fr • • . 6 Attachment "B" / 7 3 . ATTACHMENT B ,/_4(1 \ N„ \ -47 ltre riiw ou �J0 D ese�� 4 e'`+�r 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNII G COMMISSION I l ING NOTICE OF ACTION Date: December 27, 1988 Barton Development Mr. Robert Smith 68-713 Perez Road Mainiero, Smith & Associates Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 / Palm Springs, CA 92262-7066 , Re: TT 23982 The Planning Cc nli,ssion of the City of Palm Desert has considered your request and taken the following action at its mooting of December 20, 1988. Planning CO missian approved TT 23982's m-inar modification by minute motion. Motion carried 3-0. Any appeal of the above action may be made in writing to the Director of Canminity Development, City of Palm Desert, within fifteen (15) days of the date of the decision. ._-Yi_ VI // 6 A. IIAZ, SECRETARY) PALM DESERT PLANNING ,,,MISSION RAD/tm cc: Coachella Valley Water District y Public Works Department Building & Safety Department Fire Marshal 2 3- CITY OF PALM DESERT DEPARIMENr OF COMMUNITY D. DI •PM N UUU STAFF REPORT TO: Planning Commission DATE: December 20, 1988 CASE NO: TT 23982 REQUEST: Minor modification to TT 23982 APPLICANT: BARCON DEVELOPMENT ROBERT S. SMITH 68-713 Perez Road Mainiero, Smith & Associates Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 Palm Springs, CA 92262-7066 I. DISCUSSION: The project developer has requested some minor changes to TT 23982 that require commission action. The applicant originally proposed a homeowners association for the 16 lot single family subdivision southwest of Portola and Hovley. The association would be responsible for maintenance of both the street and landscaping. However, due to lengthy procedures with the State Department of Real Estate it would be much more expedient to eliminate the association and create a public street and assessment district to maintain perimeter landscaping. This would require clarification of the 20 foot front setbacks, which are measured usually from front property line. The original intent was to measure it fran curb-face, but the public street status also requires an additional 7 feet of public right-of-way on both sides of the street beyond curb-face. Also, the discovery of a 20 foot easement along the south property line led to re-drawing of the property lines in this area to accommodate potential swimming pool spaces. II. RECCMENDATION: By minute motion approve minor modifications consisting of: 1. The measurement of front setback fran curb-face. 2. Minor lot line adjustments frau tentative in southern portion of project. Prepared by / �� A Reviewed and Approvedby/ -- /fr rrl — • — - - - ii r - - __ I I.N, , � I z , _ I ~ I I ,� I I I . .. w .. I I 1s:N.7 7 6 _FL_ 5I 4 I (— 3 I 2 1 1 �_ Q I I ® 1— B C B C J o ;lir 7 I I .01;& Sm. r ft 7.7.- 7- A i 1p I I I - - 9 I PROPOSED R/W CURB "� I Iti ----1 , / . B 1 20 + \ .1. I . i I I I I ITYP.) — —L .� 12 Wi3 lij5-1-1-L, 16 I y_tii-f70 A B A ®� C A I , � I ---L I I I �— > C I `r '_ �L1— t Q —U— I I `' I is r9 I I I® n; — - -- fi f I -4 4 -1 - - --I ti I I PORTOLA — — AVENUE —7 .r. .- w Go D mainiem p ., a SmithantiAssnciatPs. BARCON DEVELOPMENT b. dam.. ,,, Civil& Environmental Engineering .C..3 TRACT NO. 23982 B..1.r palm 8prl.r. Contra SHIFT W.uo.. 777 P..1 T.daa,.. Way,8.11.30 SITE PLAN oat Palo 8pria9.,C.liroral.92262-7068 16191 320-9611 _sy01-7j Attachment "C" • • ATTACHMENT C • -4b,,00 - 7,7411 ©UV oV .�@_ ieseTa. "' a£�`� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 February 15, 1989 • ARCHITECTURAL REVIEW Q:NMISSICN ACTION CASE I3: TT 23982 APPLICANT (AND ADDRESS): BARODN DEVELOPMENT, 41-625 Eclectic Street, Suite H-1, Palm Desert, CA 92260: MIKE HORTON, 73-842 Masson, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: Final Approval of landscape plans for perimeter of 16 lot subdivision. LOCATION: S/W of Portola and Hovley. ' ZONE: P.R.-5 Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural cannission approved this case by minute motion. Date of Action: February 14, 1989 . Vote: Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. ) STAFF CXNv1ENTTS: Please read the attached minutes. Upon receiving final approval it is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday prior to the next meeting. . Attachment "D" ATTACHMENT D 1840213 FIRST AMERICAN TITLE INSURANCE COMPANY 3625 FOURTEENTH STREET, (P.O. BOX 986 ) RIVERSIDE, CALIFORNIA 92502 (AREA 714 ) 684-1600 VERDUGO ESCROW 901 EAST TAHQUITZ - MC CALLUM YMI6 PALM SPRINGS CALIFORNIA 'r ATTENTION: MADA 1 �9�1 E� C c- N0\1 .0 �SpRp��y YOUR NO. vE�oUGO q/ DATED AS OF JULY 19 , 1989 AT 7: 30 A.M. • i KAZMER BERNATH - TITLE OFFI R THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS : ALTA RESIDENTIAL OWNER POLICY WITH REGIONAL EXCEPTIONS OR ALTA STANDARD COVERAGE POLICY WITH REGIONAL EXCEPTIONS AND AMERICAN LAND TITLE COVERAGE LOAN POLICY - 1987 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES , CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS . THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PAGE 1 1840213 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BARCON DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS : IN FEE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM DESERT AND IS DESCRIBED AS FOLLOWS : LOT 13 OF TRACT 23982 AS SHOWN BY MAP ON FILE IN BOOK 203 PAGES 90 AND 91 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL DEPOSITS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE THE SAME, ACCORDING TO THE PROVISIONS OF THE ACT OF CONGRESS APPROVED JUNE 1, 1938 ( 52 STAT. 609 ) , AS RESERVED IN THE PATENT RECORDED AUGUST 25 , 1958 IN BOOK 2323 PAGE 118 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS : 1 . GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR 1989-90, A LIEN NOT YET PAYABLE. 2. GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR 1988-89, TO FOLLOW. 3 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3 . 5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4 . A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 25 , 1958 IN BOOK 2323 PAGE 118 OF OFFICIAL, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PAGE 2 1840213 5 . COVENANTS , CONDITIONS AND RESTRICTIONS IN DOCUMENT RECORDED APRIL 7, 1989 AS INSTRUMENT NO. 110969 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BUT DELETING RESTRICTIONS IF ANY BASED UPON RACE , COLOR, RELIGION OR NATIONAL ORIGIN, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. ALSO, AN EASEMENT OVER SAID LAND FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, AS SET FORTH IN THE DOCUMENT ABOVE MENTIONED. SAID EASEMENT IS FOR THE INSTALLATION AND MAINTENANCE OF ELECTRIC, TELEPHONE, CABLE TELEVISION, WATER , GAS , SANITARY SEWER LINES AND DRAINAGE FACILITIES . 6 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $420 , 000 . 00 , AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY RECORDED APRIL 7, 1989 AS INSTRUMENT NO. 111212 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. DATED: MARCH 7, 1989 TRUSTOR: BARCON DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: COMMONWEALTH LAND TITLE COMPANY , A CALIFORNIA CORPORATION BENEFICIARY: MARINE AIR FINANCIAL SERVICES, INC. (AFFECTS PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY) 7 . AN EASEMENT FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, IN FAVOR OF COACHELLA VALLEY WATER DISTRICT, IN INSTRUMENT RECORDED APRIL 13, 1989 AS INSTRUMENT NO. 116067 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID EASEMENT IS FOR PIPELINE AND APPURTENANCES, AND CANNOT BE LOCATED FROM THE RECORDS . 8 . THE EFFECT OF A DECLARATION OF DEDICATION AS SHOWN BY THE OWNERS CERTIFICATE ON SAID MAP , PURPORTING TO IRREVOCABLY DEDICATE TO COACHELLA VALLEY WATER DISTRICT, EASEMENTS OVER THOSE LOTS SHOWN AS "PUBLIC UTILITY EASEMENTS " FOR DOMESTIC AND SANITATION PURPOSES . THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL, USE, AND REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. 9 . THE EFFECT OF A SUBDIVISION IMPROVEMENT AGREEMENT EXECUTED FEBRUARY 27, 1989 BY BAR CON DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF PALM DESERT, RECORDED JULY 10, 1989 AS INSTRUMENT NO. 228007 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE HEREBY BEING MADE TO THE RECORD FOR FULL PARTICULARS. PAGE 3 1840213 10 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $23, 373, 375.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY RECORDED JULY 12, 1989 AS INSTRUMENT NO. 231707 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. DATED: JUNE 15, 1989 TRUSTOR: BARCON DEVELOPMENT LTD . , A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: BANK OF REDLANDS , A DIVISION OF COMMUNITY BANK BENEFICIARY: BANK OF REDLANDS, A DIVISION OF COMMUNITY BANK. (AFFECTS PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY) * * * * * PLAT ATTACHED/KK PAGE 4 1840213 MEMORANDUM: THE INFORMATION HEREIN SET FORTH IS SUPPLEMENTAL TO PRELIMINARY REPORT NO. (ABOVE REFERRED TO ) , AND IS MADE A PART THEREOF. ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY DESCRIBED IN THIS REPORT RECORDED WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS : NONE PAGE 5 • R3, IN TiiE CITY OF PALM DESERT. COUNTY OF RIVERSIDE SHEET 2 OF 2 SHEETS STATE OF CALIFORNIA rRACT MAP NO . 23982 • SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 5 SOUTH. RANGE 6 EAST. S.B.M. �' SAES: 1. - NAINIERO. SMITH AM) ASSOCIATES. INC. NOVEMBER 1988 f• 60' 120' ISO' 240' SCALE 1•-60' ENGINEER'S NOTES •- INDICATES FOUND MONUMENT AS NOTED. O- INDICATES SET 1'I.P.FLUSH. TAGGED RCE 25658 UNLESS OTHERWISE NOTED. ZS- INDICATES SET TYPE •8• C.P.D. • FD ALIMINUA ROO ON 0.8 PEA MONUMENT PER STANDARD NO. 300 1..8.112/Ao-45 APO N.8.345/12-13 3 LE M1M6 0.17 1EA711.1 S'lr ESTAa1S4ED MENET BT sr SINGLE PROPORTI0 PEA Yo. 1 i/z•SRw ACC w.z.o D- INDICATES RECORD DATA AS NOTED. MIS 1! 110/96-101. SE'T TYPE •A• /1-TTES ACCEPTED AS S.C. NON. PEA CPD STD. 300 CDR. SEC.9 PEA m8 105/12-13. SET NAIL AND TAG RCE 25658 IN CURB AT ALL LOT LINE PROJECTIONS E.C.'S G B.C.'S 901.5- BASIS OF BEARINGS • 11'a•E ••a•5 632.93 -6 150/4-T PORTOLA AVENUE 1325.66 11323.01 9".6. 10/12-13 1 BASIS OF BEARING FOR THIS SURVEY IS 41, `1 2600.fo .� THE CENTERLINE OF PORTOLA AVENUE 7 & .9.ss ra 57/so TAKEN AS N 00 11.25'E PER M.8.145/12-13 C. 6' PFDESTPI.N/1A,O5cAPf R 12630.00 MD 110/9B-10f1 -0" -.,--_- _LOT •A' _�--4 Cfl P D.E ENT sTOR" ea THIS TRACT CONTAINS A.BS AC. GROSS G.)21 AC. 1�E13" 0A1A1M F15E1E7F1- L - _ -I-•- .t - _ -- - Emeb op- = EASEMENT NOTES • n.0o �- n 00 0.30 n.00 al.00 14-00 .� 'E:A Q AN EASEMENT FOR DITCHES ANO FLUMES .. ...10 36 1� ` IN FAVOR OF THE UNITED STATED 45 -1t I1 R• _� " �'n I -- RESERVED BY PATENT REC. 8/25/58 IN S BOOK 2323 PG.118 O.R. 15 .111 14 13 - 12 __4 11 =IA. 10 - s «T� SAID EASEMENT IS NOT PLOT TABLE 0.20•.C. -9 0.130 AC. -3 0.173 AC. - 0.1••AC. •.1e 0+ 0.213 • •0.11• - 00- I x �" .� I ,F4- ®AN EASEMENT FOR POLE LINES AND -� INCIDENTAL PURPOSES IN FAVOR OF x 127• 0l OB •'•� I I ��- SO. CA. EDISON CO. REC. 4/I8/75 AS INST.44369 AND REC. 2/20/81 E�� °a 9 ��o AS INST.30558 •1 00 n 00 n.5o T.00 �74,. O 0.241 K. 00 3w.01 7 LOT •C•0_•71 AC_ 4� I I �AN EASEMENT FOR PIPELINES IN N o•ss a•E _ •_- -117.1s•ar2 FAVOR OF COACHELLA VALLEY WATER Soo.66 -� R',_ 1.0.72_ -' DISTRICT REC. 5/14/84 AS INST. 7C1 SONATA COURT (^��10• duIMA6E ® - 100526 - 365 29 �$0 EA,SfI�IT 77.00 07 5o 77.00 71.17 •b B AAN EASEMENT FOR PIPELINES IN 0 3. •_203 I I - FAVOR OF DESERT SPRINGS RACQUET s n s�� } •A- n - CLL9 H^-.ME^_WNERS ASSOC. PEGS/1./R0 I. A. U " lA.. +_ AS INST. 100527 ••']] y�S •1 Fs- Z C •i• �a R•l�"R i0D• 10 N i'1s1•, ®CERTIFICATE OF COMPLIANCE RECORDED MAR I. •= 0.2c02.C. s .-1..[. "- := 0 0 S- 6 1s1,� • = ci, •S INST. NO. 90995 x x 0.201 AC. x K. ! - 0.110 Ac. 6" w �-1 .. 7 •35450.29•k` Ir N - •�35 .u 0 CO n oo DATA 7 so 159./1 • Mi.TUEAIQIL RMIti LBI./DISH. TBI®EI N 0.02'S5•• •1•.60 4 17.35 SEE DETAIL -A• r. .-1 Q 61.53"25- 2000 28.59 0 02'26'06• 03.00 1.63 0.11 FD.1 3/4•1.P.TASGFD LS 4697 1 0 •t•St'Z]' 13.00 31.01 lf..• FOR 63 CDR. PER! 1.5 / x 0 0 9 11'12' 32.00 32.f1 21.93 12 - 13 M I R _ 0 .O.27'1f• 52.00 36.72 11.16 I n 0 331•39.01• 32.00 72.36 01.72 LS .457 M.B. 145 / 12 - 13 I 0 41.33'41• 52.00 37.73 11.75 PEP NA 145/12-13 % I - 0 .f200'S• 52.00 42.05 22.25 e I Ta 0 M•21'45' 52.00 42.011 22.27 . 150 / 4 - 7 . .P. TA96E0 RCE i1ri1 I it ..•f7'71• 03.00 1].2• 17.50 FD 3 1/.• I PER.11.112/40-47 03 ".1. 145/ et80.51'19- 20.00 28.22 17.0• 12-1]. ACCEPTED AS SO C61 I 701 90.24'3.• 15.00 23.67 15.11 OF THE 5E 1/.OF 11E NE 1/4 SEC 6 I 0 90.24'34' 23.00 36.29 23.16 69.35'26• 23.00 39.09 2..6' J3���7 BO.2.'3.' 23.00 39.45 25.1f N 0 j2'.Q6'E 661 l9 l'1 •4-1nr 4300 3324 1730 '1 o 0 12'12 E 562.091 ALTA RESIDENTIAL POLICY POLICY NO. 1840213-KB SCHEDULE A TOTAL FEE FOR TITLE SEARCH, EXAMINATION AND TITLE INSURANCE $422.45 POLICY AMOUNT: $169, 900.00 POLICY DATE: JANUARY 24, 1990 AT 8:30 A.M. 1. NAME OF INSURED: LARRAY J. SCHONCITE 1A. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: LARRAY J. SCHONCITE, AN UNMARRIED MAN 2. YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS: IN FEE 3 . THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM DESERT AND IS DESCRIBED AS FOLLOWS: LOT 13 OF TRACT 23982 AS SHOWN BY MAP ON FILE IN BOOK 203 PAGES 90 AND 91 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL DEPOSITS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE THE SAME, ACCORDING TO THE PROVISIONS OF THE ACT OF CONGRESS APPROVED JUNE 1, 1938 (52 STAT. 609) , AS RESERVED IN THE PATENT RECORDED AUGUST 25, 1958 IN BOOK 2323 PAGE 118 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. BLG PAGE 1 ALTA RESIDENTIAL POLICY POLICY NO. 1840213-KB SCHEDULE H EXCEPTIONS f IN ADDITION TO THE EXCLUSIONS, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS ' FEES, AND EXPENSES RESULTING FROM: 1 . ANY RIGHTS, INTEREST, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS. 3 . ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND. PAGE 2 ALTA RESIDENTIAL POLICY POLICY NO. 1840213-KB SCHEDULE B EXCEPTIONS IN ADDITION TO THE EXCLUSIONS, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS ' FEES, AND EXPENSES RESULTING FROM: 1 . SECOND INSTALLMENT, GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR 1989-90, IN THE AMOUNT OF $1, 983 . 99 . CODE NO. 018- 054. ASSESSMENT NO. 622-280-003-5. ( COVERS MORE THAN THE PROPERTY HEREIN DESCRIBED ) 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3. 5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3 . A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 25, 1958 IN BOOK 2323 PAGE 118 OF OFFICIAL, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS IN DOCUMENT RECORDED APRIL 7, 1989 AS INSTRUMENT NO. 110969 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BUT DELETING RESTRICTIONS IF ANY BASED UPON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. ALSO, AN EASEMENT OVER SAID LAND FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, AS SET FORTH IN THE DOCUMENT ABOVE MENTIONED. SAID EASEMENT IS FOR THE INSTALLATION AND MAINTENANCE OF ELECTRIC, TELEPHONE, CABLE TELEVISION, WATER, GAS, SANITARY SEWER LINES AND DRAINAGE FACILITIES . 5 . AN EASEMENT FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, IN FAVOR OF COACHELLA VALLEY WATER DISTRICT, IN INSTRUMENT RECORDED APRIL 13, 1989 AS INSTRUMENT NO. 116067 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID EASEMENT IS FOR PIPELINE AND APPURTENANCES, AND CANNOT BE LOCATED FROM THE RECORDS. PAGE 3 ALTA RESIDENTIAL POLICY POLICY NO. 1840213-KB 6. THE EFFECT OF A DECLARATION OF DEDICATION AS SHOWN BY THE OWNERS CERTIFICATE ON SAID MAP, PURPORTING TO IRREVOCABLY DEDICATE TO COACHELLA VALLEY WATER DISTRICT, EASEMENTS OVER THOSE 1 LOTS SHOWN AS "PUBLIC UTILITY EASEMENTS" FOR DOMESTIC AND SANITATION PURPOSES . THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL, USE, AND REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. 7. THE EFFECT OF A SUBDIVISION IMPROVEMENT AGREEMENT EXECUTED FEBRUARY 27, 1989 BY BAR CON DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF PALM DESERT, RECORDED JULY 10, 1989 AS INSTRUMENT NO. 228007 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. REFERENCE HEREBY BEING MADE TO THE RECORD FOR FULL PARTICULARS . * * * PAGE 4 AC'. c P1 •. • IN THE CITY OF PALM DESERT. COUNTY OF RIVERSIDE 9 STATE OF CALIFORNIA SHEET 2 OF 2 SFEFfS $ TRACT MAP NO . 23982 COUNT!, flu 1 AHE A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 5 SOUTH. RANGE 6 EAST. S.B.M. „t t HOAX, LYE 4Gaa f• -60• __ MAINIERO. SMITH AND ASSOCIATES. INC. NOVEMBER 1988 r SITE t..yi o• w' fzo• TOO' zao• . S �� =l•111t FRED rARI11G MITE SCALE 1•-60' ENGINEER'S NOTES VICINITY MAP •'• INDICATES FOUND MONUMENT AS NOTED. NOT TO SCALE O INDICATES SE7 S'I.P.FLUSH. TAGGED RCE 25658 UNLESS OTHERWISE NOTED. I �- INDICATES SET TYPE •B• C.P.D. FD. Al2/40 4 2A d. 0.6 PER MONUMENT PER STANDARD NO. 300 M.D.112/.o-LS AND N.e.145/12-13 ID. NAIL a TAG L.S. 4457 LEANTNG 0.17 G S'LT ESTABLISHED woRTN OF TADS POSITION, RESET Or IT OT SINGLE PROPORTION PEA FD. 1 1/2•IADN ADO ON,2.0 WO. BAIL AND TA6 L.f...57 ►E. INTER-X OF FOLK wOrwAENTS 1A 110/96-101. 9ET TYPE •A' r/ i-TIES. ACCEPTED AS S.E. D- INDICATES RECORD DATA AS NOTED. MDN. PER CPD STD. 300 R.0.212/40-47 .W r.6.ltl/12-I] COP. SEC.e PER fE 145/12-13 SET NAIL AND TAG RCE 25658 IN CURB AT ALL LOT LINE PROJECTIONS E.C.'S 6 B.C.'S 14 a 1f'a'[ 6a2.all 652.93 He fso/.-77 ® BAT IS OF BEARINGS .•11•a•c .•11 rs c ` PORTOLA AVENUE 3325.68 11725. v M.S. 1.5/12-13 I 1325,76 -_ �-- s62 u (662 e6 1 ! ! BA..IS OF BEARING FOR THIS SURVEY IS /I 2050.20 THE CENTERLINE OF PORTOLAR AVENUE 11125.76 PEA 1! 112/40-45) 1e62.ee 1! 112/.0-.9 I .49.ee RS s7/RN TAEEN AS N 00 11'25•E PEP M.B.1a5/12-13 FD. 1 1/4• BRASS DISC FLV9. _ PT- 12680.00 me 110/96-1011 O17 AC e' PEDESTPIAw/UIHOSCAPf STAAPEO L.S. 4146 LOT 2A• r p 20• F.u.f. AHO ST01M I ACCEPTED AS WE COR SEC. 6 1 - -LOT •D'- - -0.723 a.- -LASSElfN 6� �- pRAZN FUE.ENr- -- THIS TRACT CONTAINS 4.81 AC. GROSS PER Me 11o/9e-So1 - �® S- -�- - l-� - - -- . e. �_ EASEMENT NOTES Sa.r. 6 .00 77.0o A7.50 T7.00 1.00 116.1. .i�g /1N EASEMENT FOR DITCHES AND FLUMES _ 1 '^33"" N Y.,y"' -, IN FAVOR OF THE UNITED STATES AS C ' P . ' .R II R. - •'� I c RESERVED BY PATENT REC. 8/25/58 IN iFi -F 15 -A 14 -F 13 -� 12 =e 11 a i= 10 �� BOOK 2323 PG.118 O.R. e.+7i AC. -- e.296 AD. _ e.1a6 K. _! 0.173 AC. - SAW.c. t'� 1e.e° EftSAID EASEMENT IS NOT PLOTTAILE _ o.1f. I .• a.ru 'r. .0•a pTC^ _ _ :14= Q1 AN EASEMENT FOR POLE LINES AND 64 . O ® +�O e 1: _ ... INCIDENTAL PURPOSES IN FAVOR OF ,_ - -Q^ • 12.76 �- - _:n SO. CA. EDISON CO. REC. ./18/75 1 9 I i - AS INST.44369 AND REC. 2/20/81 n 50.72 (Is Am n.0o n.so n_00 bQ a.2.1 Ac_ - P.go AS INST.30558 11 .* Pi .**'o n ra6.01 ' S Q : ��y,4.'. I _ D' r o•11•a-E LOT .1 LOT a.ol CO. tS -.P1�E I ^ AN EASEMENT FOP PIPELINES IN H /fOOL 36 -D FAVOR OF COACHELLA VALLEY WATER 7 CD : i 9 I N Soo.w SONATA COURT rP�^ ,o. 01n;IH�i.GE - DISTRICT REC. 5/14/8. AS INST. 1 765.25 ,�© A^V EASEME)2T i• ® - I00526 N ? = M.62 n.07 47 50 77.00 79.+7 �\ _ _ Sss3 © IN EASEMENT FOR PIPELINES IN WESTERLY LPG_ t 1/2. R - .-1 .. t -Y- O (f1 .4rb 82a1 I . FAVOR OF DESERT SPRINGS RACQUET SE 1/.. 5E 1/.. ME 1/.\ - t� 3; A� ^ � (J 3 /.h} K /� = CLUB Y.DY.E 100527 Accn. REr.^:I</[+A 1 W I Y `jam t Y F: ^R GS AS INST. 100527 L'-Z t% I � s. s.. s: s„ ,1• RI S.�'.wr'a• , "..".4•� a - - - - r,Q �- = 2 = 3 = 4 }= 5 ti =^ +a.so e • L�(.AS IFICATE OF COMPLIANCE RECORDED MAR 2• 1989 • J Y II- 1 a 0.202 AC. a 9.176 AC. a a.20+AC. 0.210N� 4._ 6 s e AS INST. NO. 4Q995 a.3o .' -. A 0.212 1C- AC. _ }. �.r 11. a BAWD a. 7 .>".•..- cr --- M 0 02.56•4 61e.60 02.r n.00 • 2 i15 .12 / ` • ^ Q7 i_ 0 C B"t Y U n 00 81 00 77.00 15o.1t ( _ I FIAT 8 R O r.a2 N a•o2.9•X a1a.s0r.W Q V fa TA/sEAFQIi �� 191./DIST. TAA 12ElfT .O 81'S S'25- 2000 28.59 1735 DETAIL 'A. 8 & = I ~' SEE DETAIL •A' .+ C t.n ..' ..O Or 2f'06• u.00 i.e.] 0.9/ NO SCALE + FD.1 a/.'LF.TAGI(0 Ls 4697 a CO - FOR 8001 COP. PER R8 145 / I c •� .1'S1'U• 11.00 31.41 16.4A - 12 - 13 I ^ r. ^_0 MD 11'12• 52.00 52.11 21.13 LADERA AVENUE o 0.27 16• 52.00 76.72 19.16 1 _ 78'19'0S• sz.oo az.ls 16.72 BOLT AND T.O FLVS.I LS..$) M B 145 12 - 13 I T. A1.15'AI* 52.00 37.75 19.75 //o ACCEPTED AS C/L 1-A7 . PER 1.e 1.5/12-13 0 ^ .6.2p'p5• 1 52.06 42.05 22.25 1.7. a 46.21'45• 52.00 42.06 22.27 o M.B. 150 / 4 - 7 F0. 1 I/.• I.P. TAGGED ACE 11251 n I _ •.•17']1• U.00 33.22 17.So o�� �R17.a ACCEPTED S1 CW 1.5/ I a _ 60'51'19- 20.00 J? 28.22 17 O. a OF TIC SE I/O OFATIE - `7S- P0124'341 15.00 23.67 15.11 FD 7/.•I.O_ iLl6/l LS A.5)PER• Ia ITE 1/4 SEC e I -_7"�- 90•2.'1.' • i'i ACCEPTED AS ) ArM M.e.1.s/12-17 1 =C' e9'ls'26' n.00 19.09 2..66 ' ACCEPTED AS TIE Mr co.DF 1 'ShP 25.00 39.45 25.16 THE SE 1/4 OF TIE HE 1/4 fq'2.'1.• M 012' a E 661l9 ...142... ..•(T']Y 4300 ]72. I7x'-�� sec e Z N o 1z`Qz'T S62.o9-) AGENDA PACKET INTEROFFICE MEMORANDUM SECTION' MEETINGDATE (0/o>1 ) 7)/ CITY OF PALM DESERT TO: City Council & City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director SUBJECT: FOLLOW-UP INFORMATION FOR STAFF REPORT - LANDSCAPE AND LIGHTING ASSESSMENT FISCAL YEAR 1991-92 FOR TRACT 23982 - SONATA. DATE: October 23, 1991 A "White Paper" was not required for this project since it did not involve the establishment of a Homeowners Association. The Title Report is the document that outlines the information that is provided to the property buyer. The Title Report lists two documents. 1 . Covenants, Conditions and Restrictions (CC & R) . 2. Subdivision Improvement Agreement. Both of these documents were recorded and so indicated in the Title Report. The CC & R's Section 3.03 makes reference to a "maintenance district" for areas that the city or county agree to maintain. The Subdivision Improvement Agreement states that all conditions imposed by the Planning Commission or City Council are incorporated and made part. By this reference, the Conditions of Approval adopted by Resolution No. 1314 on October 4, 1988, and the modification approved December 20, 1988, are included by reference in the Title Report that was provided to the buyers. The original Conditions of Approval specified that "landscape maintenance on Hovley Lane/Portola Avenue shall be provided by the homeowner's association." The modification changes the measurement of the front setbacks to allow for a public street. Within the staff report it is stated that the change to a public street would eliminate the homeowners association and an assessment district would be created to maintain perimeter landscaping. The policy that had been adopted by direction from the City Council is that parkway and perimeter landscaping for developments shall be maintained by an association or assessment district. A concern was raised when Desert Falls went bankrupt and the association was unable to maintain the perimeter landscaping. The situation was resolved before an assessment district was required, but the direction was to establish an assessment district if a association was not formed or dissolved. Since no association was established for the Sonata subdivision, the perimeter landscape maintenance was annexed into the appropriate assessment district. Page 2 The Title Report, Section 3.03 of the CC & R's, Conditions of Development and modification are attached to the Council staff report. /. t • le 2 r RI HARD J. FO R RJF:TB/rh attachment CITY COUNCIL ACTION: APPROVED DENIED RECEIVED AYES: NOES: AB .EN AESTAIN:_ CQ _. VERIFIED Bic , Original on File wi Ci rk's Office Attachment ffEff .. . . - ATTACHMRNT E ' 41- 25 Eclectic, Su -1. Fplrn Deicrt, CA 92260. (619) 773.91 Fnx (6191 773.1)065 • TRANSMITTED FROM :�k:. . .1 '� , c'1 1 E : '7 P . 02 ativities undertaken on any area within the Property which might create erosion or sliding problems . Any area drains and ether drainage facilities and systems shall be maintained in a neat, orderly and safe condition and in such a manner as to facilitate the orderly discharge of water by means of same. , ,oction 3 . 03 tepai.r �ncl Maintenance by Palm Desert and/or County ofRtverside. Notwithstanding the foregoing, Owners shall have no responsibility to maintain any area or inprovementi upon any area which lies within a maintenance district or which Palm Desert and/or Riverside County has otherwise agreed to maintain . ARTICLE IV EASEMENTS Section 4 . 01 Amendment to Eliminate Easements. This Declaration cannot be amended to modify or eliminate; the easements . reserved to Declarant without the prior written approval of Declarant and any attempt to do so shall have no effect. Any attempt to modify or , eliminate this Section shall likewise require the prior written approval of Declarant. Section 4 . 02 Nature of Easements . Unless otherwise set forth herein, any easement reserved to Declarant herein shall be nonexclusive. Attachment "F" ATTACHMENT F INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: Richard J. Folkers, Assistant City Manager/Public Works Director FROM: Eric Johnson/Landscape Specialist and Frank Gonzalez/Landscape Coordinator SUBJECT: SONATA I, RE-LANDSCAPE AND IRRIGATION RETRO-FIT DATE: October 1 , 1991 The following items are a break down of the costs for the re-landscape and irrigation retro-fit for the Sonata I Community Development Parkway and outside wall areas (see attachment) , at Portola Avenue and Hovley Lane southwest corner. 1 . Cost to apply herbicide on all turf areas ( 10,000 sq. ft. ) and removal . Cost: 16/sq. ft. = $1600.00 A. 350 - 1 gal . emitter/hour 37 - 5 gal . emitter/hour cost: $3,096.00 2. Cost of plant material , which are to be purchased by the City of Palm Desert. A. Cost of 350 - #1 gal . plants at 2.50 cost: $875.00 3. Cost to install plant material . Plants will be planted in groupings in the parkway median near the existing trees. A. Cost to install 350 #1 gal . plants cost: $945.00 4. Cost to install 10,000 sq. ft. of palm springs gold fines 2 (two) inches thick. cost: $3, 184.00 The total lost of his project which includes all the above items is estimated be $9,70# S. ERIC JOHNSON -FRANK GON ALEZ l J EJ:FG/rh cc: Gregg Holtz Rudy Acosta Tvnk;.Bassi er • . IMPROVEMENT AGREEMENT DATE OF AGREEMENT: February 27, 1989 NAME OF DEVELOPMENT: Sonata I NAME OF SUBDIVIDER: BarCon Development, a California Limited Partnership ESTIMATED TOTAL COST OF IMPROVEMENT: $250, 000 ESTIMATED TOTAL COST OF MONUMENTATION: $ 4, 000 TIME LIMIT FOR PUBLIC IMPROVEMENT COMPLETION: 3 months • PARTIES: The parties to this agreement are the City of Palm Desert, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY; and the subdivider named on Line 3 of Page 1 hereof, hereinafter collectively referred to as SUBDIVIDER. • WITNESSETH: WHEREAS, SUBDIVIDER proposes to subdivide land within the City of Palm Desert to be known as Sonata I ; Tract 23982 ; and WHEREAS, SUBDIVIDER proposes to construct street and other public improvements in connection with said subdivision as required by the Palm Desert Municipal Code and as hereinafter provided; and WHEREAS, the provisions of Section 26.9-3 of the Palm Desert Municipal Code provide for an agreement containing certain provisions as hereinafter set out; NOW, THEREFORE, in consideration of their mutual promises , the parties hereto agree as follows: • COVENANTS : • NOW, THEREFORE, it is agreed between the parties hereto as follows : (1) SUBDIVIDER agrees to complete all improvement work in accordance with plans and specifications approved by the Director of Public Works , including all improvements required by the Municipal Code which were not specifically waived by the Planning Commission or City Council in approving the subdivision, plus any additional improvements required by the Planning Commission or City Council as a condition of approving the subdivision including, but not .limited to, those improvements listed on Attachment "A" . The conditions imposed by the Planning Commission or City Council are incorporated here by reference and made a part hereof as though fully set forth. SUBDIVIDER agrees to com- plete said improvements within the time limit specified on Line 6 of Page 1 from the date hereof.