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Home My WebLink AboutDrainage Easement to Resco Self Storage LLC 41. le .... CITY OF PALM DESERT . 1 PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Grant of Drainage Easement to Resco Self Storage, LLC SUBMITTED BY: Michael Errante, Director of Public Works APPLICANT: Resco Self Storage, LLC 901 Dove Street, Suite 270 Newport Beach, California 92660-3038 Attn: Stanley Cook DATE: January 8, 2004 CONTENTS: Drainage Easement Map Recommendation: By minute motion, authorize the Mayor to execute a Drainage Easement and related agreement to Resco Self Storage, LLC Executive Summary: The subject request involves a Drainage Easement for the construction and maintenance of a concrete drainage channel, which will help protect and divert run off away from Resco's self storage project located at the southwest corner of Fred Waring Drive and Painter's Path. The proposed easement is located around Resco's westerly and southerly property boundary, over a hillside parcel that is owned by the City of Palm Desert Therefore, staff recommends that City Council, by minute motion, authorize the Mayor to execute a Drainage Easement and related agreement to Resco Self Storage, LLC. Submitted Bye !yy (/ Michael Errante, P.E. Director of Public Works Approval: alto ACM for Delp• ent Services City Manager /sd G:\PubWorks\Staff Reports\2004\January 8\Authorize Grant of Easement to Resco.doc CITY COUNCIL, ACTION: APPROVED DENIED RECEIVED OTHER MEETING DATE AYES: NOES: ABSENT: - e ABSTAIN: VERIFIED BY: Original on File wi h City Clerk's Office • 41111 RECORDING REQUESTED BY WHEN RECORDED RETURN TO: CITY OF PALM DESERT ATTENTION: CITY CLERK 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-6392 DRAINAGE EASEMENT This DRAINAGE EASEMENT (this "Agreement") is made as of December_, 2003 by and between CITY OF PALM DESERT, a municipal corporation ("Grantor") and RESCO SELF STORAGE LLC, a California limited liability company ("Grantee") with respect to the following facts: RECITALS WHEREAS, Grantor is the owner of fee title to that certain real property located in the city of Palm Desert, County of Riverside and State of California described on Exhibit "A" attached hereto(the"City Property"). WHEREAS, Grantee is the owner of fee title to that certain real property located in the city of Palm Desert, County of Riverside and State of California described on Exhibit "B" attached hereto (the"Resco Property"), which property is located north of the City Property. WHEREAS, the City Property currently accepts surface water from the Resco Property and other real property located to the North of City Property (collectively, "Surface Water"). WHEREAS, in connection with the development by Grantee of the Resco Property, Grantee desires to construct a concrete culvert ("Culvert") on the portion of the City Property more particularly described in Exhibit "C" ("Easement Property"), and depicted on Exhibit "D" to accept the Surface Water near the southerly boundary of the City Property in order to divert the Surface Water into the storm drain system located on public street commonly referred to as Painter's Path. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements set forth herein and other good and valuable consideration, the delivery, receipt and adequacy of which are hereby acknowledged, the parties hereto grant and agree as follows: AGREEMENTS 1. Grant of Easements by Grantor. Grantor, as the owner of the City Property hereby grants to Grantee a perpetual, non-exclusive easement over the Easement Property for purposes of accepting Surface Water from the real property owned by Grantee to the north of the City Property and directing such water into the storm drain system located on the public street commonly referred to as Painter's Path. Grantor, as the owner of the City Property hereby grants to Grantee a perpetual, non-exclusive easement over the City Property for purposes of constructing, repairing, accessing, replacing and maintaining the Culvert on the City Property. 2. Covenants of Grantee. Grantee shall at all times (at Grantee's sole cost and expense) repair, maintain and replace as necessary or appropriate all and every portion of the Culvert and the 264460 Easement Property and any improvement constructed thereon. Grantee shall use commercially reasonable efforts to reasonably minimize the interference with Grantor's use and enjoyment of the City Property. Grantee shall also repair or replace and restore, as promptly as practicable, all paving, driveways, landscaping, conduits, and any other improvements of Grantee upon, under, over, across or along the City Property to the extent the same are damaged or removed in connection with the construction of the Culvert by Grantee or its contractors or agents. 3. Indemnity. 3.1 Grantee shall indemnify and hold Grantor harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property to the extent caused by Grantee's use of the Easement Property or from any activity, work or thing done, permitted or suffered by Grantee, its employees, agents, contractors or invitees in or about the Easement Property except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of Grantor, its agents, employees, tenants, contractors or invitees (as to which Grantor hereby agrees to indemnify, defend and hold harmless Grantee); provided, however, that in no event shall Grantee be liable to Grantor for any consequential or incidental damages. 3.2 Grantor shall indemnify and hold Grantee harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property to the extent caused by Grantor's use of the Easement Property or from any activity, work or thing done, permitted or suffered by Grantor, its employees, agents, contractors or invitees in or about the Easement Property except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of Grantee, its agents, employees, tenants, contractors or invitees (as to which Grantee hereby agrees to indemnify, defend and hold harmless Grantor); provided, however, that in no event shall Grantor be liable to Grantee for any consequential or incidental damages. 4. Persons Bound By This Agreement. The easements granted hereby and the covenants, terms and conditions hereof shall run with the land and each successive owner of the City Property and Resco Property or any portion thereof and each person having any interest therein derived through any such owner shall be bound by the grants, terms and conditions contained in this Agreement. None of the rights or obligations created by this Agreement may be assigned or delegated other than as a conveyance thereof appurtenant to a conveyance of the fee title to the City Property or Resco Property. [The balance of this page is intentionally left blank.] 2 IMO IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first hereinabove set forth. RESCO SELF STORAGE LLC, a California limited liability company By: , +� Name:_L o��;� � A -l2 f/7,5orc/ Title: /1j—=�fL-'-rrZ By: /311 Name: �y40$ K i ra,-% Title: Pit AA b.e r CITY OF PALM DESERT, a municipal corporation By: Name: Title: Approved as to by: By: Name: Title: 7- 3 EXHIBIT "A" CITY OF PALM DESERT PARCEL 2 OF PARCEL MAP 24090 IN THE CITY OF PALM DESERT AS SHOWN IN PARCEL MAP BOOK 163, PAGES 30 THROUGH 33, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. EXHIBIT "B" RESCO SELF STORAGE PARCEL 3 OF PARCEL MAP 24090 IN THE CITY OF PALM DESERT AS SHOWN IN PARCEL MAP BOOK 163, PAGES 30 THROUGH 33, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. EXHIBIT "C" DRAINAGE EASEMENT A PORTION OF PARCEL 2 OF PARCEL MAP 24090 IN THE CITY OF PALM DESERT AS SHOWN IN PARCEL MAP BOOK 163, PAGES 30 THROUGH 33, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP 24090, THENCE ALONG THE LINE COMMON TO SAID PARCELS 2 AND 3 THE FOLLOWING 7 COURSES SOUTH 00°00'00" WEST A DISTANCE OF 48.00 FEET; THENCE SOUTH 57°21'48" WEST A DISTANCE OF 58.79 FEET; THENCE SOUTH 40°52'00" EAST A DISTANCE OF 145.00 FEET; THENCE NORTH 68°23'00" EAST A DISTANCE OF 110.00 FEET; THENCE SOUTH 75°35'00" EAST A DISTANCE OF 75.00 FEET; THENCE SOUTH 84°44'00" EAST A DISTANCE OF 43.00 FEET; THENCE SOUTH 47°14'00" EAST A DISTANCE OF 145.00 FEET; THENCE SOUTH 65°43'58" EAST A DISTANCE OF 146.31 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 3, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 438.34 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 84°30'50" WEST; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°14'03" AN ARC DISTANCE OF 17.09 FEET; THENCE NORTH 65°43'58" WEST A DISTANCE OF 188.46 FEET; THENCE NORTH 47°14'00" WEST A DISTANCE OF 102.54 FEET; THENCE SOUTH 82°16'17" WEST A DISTANCE OF 48.89 FEET; THENCE NORTH 66°54'58" WEST A DISTANCE OF 88.61 FEET; C:\AASURVEY\7001.018kiwg\OFFSlTE\EXHIBIT-C.doc Page 1 of 2 MI III EXHIBIT "C" DRAINAGE EASEMENT THENCE SOUTH 68°50'22" WEST A DISTANCE OF 88.36 FEET; THENCE NORTH 57°52'59" WEST A DISTANCE OF 38.89 FEET; THENCE NORTH 34°26'22" WEST A DISTANCE OF 69.13 FEET; THENCE NORTH 58°31'58" WEST A DISTANCE OF 33.04 FEET; THENCE NORTH 24°07'09" WEST A DISTANCE OF 27.60 FEET; THENCE NORTH 57°21'48" EAST A DISTANCE OF 72.12 FEET; THENCE NORTH 00°00'00" EAST A DISTANCE OF 44.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 89°14'15" EAST A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 14,728 SQUARE FEET, MORE OF LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. '0 LANDS. c \ \5 KE( F GF:... No. 6687 - Exp. 06/30/04 BYY. I �A \ C:\AASURVEYY7001.0181dwg1OFFSITEIEXHIBIT-C.doc Page 2 of 2 °D• E K ' ER LS 6687 EXP 6-30-04 L 0 0 EXHIBIT "D" P.0.B. �� N89'14'15"E 858.43' FRED WARING 450.01 t- '---- 408.42' f 6' F.317:" \-\ � PARCEL 3 ?, 'O \' PM 24090 7 PMB 163/30-33 moo, 76\ <J., 640-080-010 CrA iS\ �4 L5 L6 0 \J - LINE TABLE L11 \ �> y vo\-C:7 L3 N40'52'00"W 145.00' P UNE BEARING LENGTH low L1 N00'00'00"E 48.00' PARCEL 2 L2 N57'21'48"E 58.79' PM 24090 PMB 163/30-33 �8 u LA L4 N68'23'00"E 110.00' 640-080-010 fg- -\ 037. u L5 N75'35'00"W 75.00' N84 " L6 N84'44'00"W 43.00' — — — — — — -P— L7 N47'14'00"W 145.00' N86'44'53"E(R) _ — `'' II �! N L8 N65'43'58"W 146.31' N 4.co iS, L9 N65'43'58"W 188.46' ;� I L10 N4714'00"W 102.54' CURVE TABLE o L11 N8216'17"E 48.89' CURVE DELTA RADIUS LENGTH L12 N66'54'58"W 88.61' Cl 11'45'59* 438.34' 90.00' L13 N68'50'22"E 88.36' C2 20'01'19" 438.34' 153.20' L14 N57'52'59"W 38.89' C3 214'03" 438.34' 17.09' L15 N3426122"W 69.13' C4 17'47'16* 438.34' 136.09' L16 N58'31'58"W 33.04' L17 N24'07'09"W 27.60' SCALE 1"=100' L18 N57'21'48"E 72.12' sim immummillimilimill L19 N00'00'00"E 44.63' 0 50 100 200 300 DRAINAGE EASEMENT �t� n �u� NI M PREPARED BY: Sip LAND 3U�.. ME11- .JEGOE ' L1WI r i— Ll a V�C� �c. KE(zey`e, 45-175 PANORAMA DR., SUITE E No. 6687 PALM DESERT, CA 92260 i 06/30704 760-34.0-5597 DALE KELLEH , ATE `r?' eP LS 6687 EXP. 6-30-04 � CF CALF • STATE OF Oct I Fnr CAPACITY CLAIMED BY SIGNER: ❑ INDIVIDUAL(S) COUNTY OF D:a� ) Li CORPORATE OFFICER(S) On ''‘..err( 10, z'0 3 , before me, the undersigned, a Notary Publi q in and for said State, personally amp geared Dotict tas 1 Title(s) P.5,n. ci,tkpl sJAm s l . F ram ❑ ATTORNEY-IN-FACT personally known to me—434 TRUSTEE(S) mo n +he basis of eatisfa�tnr wirlence, to ❑ SUBSCRIBING WITNESS be the person(s) whose name(s)-ia/are ❑ GUARDIAN/CONSERVATOR subscribed to the within instrument and acknowledged to me that he/she/they OTHER: 111PivIkl-5 o r & executed the same in 1494er/their authorizedcapacity(ies), and that by (C&X‘E i tO. n4 c'rt iG b.h 1-y his-Ater/their signature(s) on the instrument the person(s), or the entity upon behalf of comma which the person(s) acted, executed the SIGNER IS REPRESENTING: instrument. P I CErtSTELlTTLEToN ""-v (F LL.C- Commission# 1374480 z s kl Notary Public - California ; " Orange County My Comm.Expires Sep 12 2006 (Name of person(s) or entity(ies) WITN S my han and o icial seal. SIGNATURE OF NOTARY 8 ESRI ArcExplorer 2.0 DRAINAGE EASEMENT FOR RESCO SELF STORAGE ir Ll CHGLLA DR t,1 CACTUS DR-Q a = �O Qlb HIR uf F NIANZANITA DR M0L AIL- . FRED,WARING DR' '" (tE SCO -o T , atf`� p ..k V* 01711 r' r . CI•9 • if's/ iti. .0,--'c vgi. S 1 ' 4 to 1 111111111 n _I = 71 4 N Tuesday, Dec 23 2003