HomeMy WebLinkAboutEasement Cancellation - City National Bank Property INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
TO: City Council and City Manager
FROM: Richard J. Folkers, Assistant City Manager/Public Works
Director
SUBJECT: MUTUAL CANCELLATION OF EASEMENT - CITY NATIONAL BANK
PROPERTY
DATE: June 10, 1993
RECOMMENDATION:
By minute motion, authorize the Mayor to execute the subject
document canceling the effects of a non-exclusive easement in gross
over property adjacent to the former City National Bank.
BACKGROUND:
In December of 1975, a non-exclusive easement in gross was executed
by Citinational Bancorporation and the City of Palm Desert. The
document provided for the use of a portion of the bank parking lot
as public parking. The easement was structured in such a fashion
so as to provide prior rights to bank customers, invitees, guests,
agents, and employees for adequate and uncongested parking. Also,
within the body of the document, there is a provision that states,
in part, that should there occur a discontinuance of operation of
a bank facility (City National Bank) , the necessity of the easement
shall be reviewed and, if found unnecessary, the easement shall be
terminated.
City National Bank is no longer operating a banking facility on the
adjacent property and is, in fact, no longer the property owner.
The current property owner is in the process of selling the
property and have requested that the easement be terminated. Since
the bank facility is no longer operating from the site, it would
appear appropriate to cancel the easement at this time. However,
in order to insure that provisions for future reciprocal parking
arrangements be maintained, staff recommends that prior to the
recordation of the subject Mutual Cancellation of Easement the
property owner provide to the City, in a form acceptable to the
City Attorney, reciprocal access easements for all adjacent
properties .
(Continued . . . )
w
Page 2
June 10, 1993
SUBJECT: MUTUAL CANCELLATION OF EASEMENT (CITY NATIONAL BANK
PROPERTY)
Therefore, staff recommends that the City Council, by minute
motion, authorize the Mayor to execute the subject document for the
subject easement.
RIC ARD J. LKERS, P.E. REVIEWED AND CONCUR
CITY MANAGER
RJF:JSG/ms
Attachment
CITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED OTHER i 7
METING DATE ( ]WI)1�1 AYES:: ' \l r ( �^ �-JCu1 , 'v �,'�
NOES: Y C,
ABSENT: CAA
Q
ABSTAIN: u-C K
VERIFIED BY: &Q�1av Q/'
Original on File wit City lerk's Office
MUTUAL CANCELLATION OF EASEMENT
This Agreement is made and entered into this day of _
, 1993, by and between WILLIAM BEVERLY, TRUSTEE OF VARNER
FINANCIAL SERVICES PROFIT SHARING TRUST, as successors in interest
to CITINATIONAL BANCORPORATION, a California corporation,
hereinafter called "OWNER" , and the CITY OF PALM DESERT, a
municipal corporation, hereinafter called "CITY" , and the parties
hereby agree as follows :
WHEREAS, the parties have heretofore entered into a Non-
exclusive Easement in Gross for property described as :
Lot 10 in Block & of Palm Desert as shown by
map on file in Book 21, Pages 50 to 54 ,
inclusive, as Maps, Riverside County Records;
which easement was recorded on January 5, 1976 , in Book 1976 , Page
521, the Official Records of Riverside County, California; and
WHEREAS, the parties hereto now determine is no longer
necessary and that such easement should be terminated and released
of record;
NOW, THEREFORE, the parties do hereby agree as follows :
The parties do hereby jointly determine and conclude that the
easement hereinabove referred to is no longer necessary and that
such easement shall be and the same hereby is, terminated and
released of record.
The parties have executed this Agreement the day and year
first above set forth.
-1-
♦M
Dated: *WILLIAM BEVERLY, TRUSTEE OF
VARNER FINANCIAL SERVICES
PROFIT SHARING TRUST
BY
Dated: THE CITY OF PALM DESERT,
A Municipal Corporation
BY
JEAN M. BENSON, MAYOR
BY
SHEILA R. GILLIGAN
CITY CLERK
* Notarial acknowledgement required
-2-