The URL can be used to link to this page

Home My WebLink AboutCC RES 89-037e. ' t, ,. l� < . . , . `' � 1-:L;SOLUTION NO. 89-37 A RESOLUTION OF THE CITY COUIVCIL OF THE CITY OF PALl�I DESERT AUTHORIZING THE I�lAYOR TO SIGN QUITCLAIM - RELEASE OF EASEMENT WHEREAS, on February 16, 1988 the City of Palm Desert entered into a Parking Easement Agreement attached to this Resolution as Exhibit A; and WHEREAS, on March 23, 1989 the City of Palm Desert received written notice requesting termination of the Parking Easement Agreement, a copy of which written notice is attached to this Resolution as Exhibit B; and WHEREAS, the City desires to release its interest with respect to the Parking Easement Agreement following thirty !30) days notice efeective April 22, 1989; NOW, TiiEREFORE, the City Council of the City of Palm Desert authorizes the Mayor to sign the Quitclain► - Release of Easement attached to this Resolution as Exhibit C, which Release is effective April 22, 1989. DULY PASSED AND ADOPTLD at a regular meeting of the City Council of the City of Palm Desert, California on the 13th day of April, 1989, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: BENSON� ,IONE NONE VONE 0 CRITES, KELLY, Si�tYDER, WILSON � , �—� ' i' / . ��%� .�� -� . � . / S KOY WI SON, Mayor /� � ` �r / � �/`� � / ` % �/ . 'J/( < C.-!�: �/�/��l. � SHEILA GILL GAN, Cit Clerk DSP4/5 R�cordinq Reauested by and �:�nen Rec�rci�d ��`��srn to: O �^ W � ipst , 1�.. 3y70C �': i?�1:1C�RO '' � � Q � Q � s � V �T �IC� ., - . � �� • 1 � �� , � ��,� � ;� � a cv �� ` r� m w � r- �-�- v < 0 M N � µ. ;; Krieg�r iCSP) :!^:�e Dri.•�, =.i-' � :�, l'1 'j_�?;� C I y'i ., - ---� ` -- --- .:: i�0 rF� 6103 OF 1:.�+ �%��•r��. • �.JL:� c ..:>:� . ., ' .. .� ._:'F:... :,c,?.�E:,lr"`JT ;, (��ll.i 11��C'._'�^'•C:lt. 1� ;T1�iC1�_' �!� i s �� d a y o f��AC� , i,.7r3, ;>�.� and betw��n �"•.[,'•1 C�.SERT ;v.�TIOrJAL BANK (��Bank" ) and the �, T,.,.. ��: P�� .:5r._�m (�� i�•.�'� ), witR reference to the f ollowir.r, : RECITc�LS: A. [3ank is the fee owner of that certain real property (the "subject prorperty"i located on the southeast corner of E1 Paseo and Larkspur in the C.ity of Palm Desert, Riverside County, California, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. B, City has determined that the subject property is located in an area in which additional public parking and employee parking for adjacent businesses needs to be provided, for convenience and to relieve congestion. C. City desires to obtain an easement for access, ingress and eqress, on, over, across and through the subject property to provide desired parking Eor the public and employees of adjacent rusinesses, and therefore to develop the subject property into a parking lot with an estimated sixty-six (66) parking spaces. D. Bank desires to grant City the requested ease�ent for parking, as provided herein. ��O:d, THEREFORE, the parties hereto aqree as follows: l. Paragraphs A through D, inclusive, above, are incorporated herein by reference acld are made a oart hereof. 2. Bank hereby grants City, and its successors and assigns, an easement for access, ingress and egress, on, over, through and across the subject pronerty, which easement shall be for the purpose of constructing and maintaining a parking lot, with an estimated �sixty-six (66) parking spaces, to be utilized by t�e public and by employ�es of adjacent businesses iincluding employees of Bank of America and the Elephant Bar) as may be permitted and regulated by the City. 3. The easement herein granted shall be exclusi��e, shall include all uses consistent with the intent nereof. EXHIBIT A and ' +1 � , .' 1 COUNTY OF RIVERSIDF � / � � Qn �._,�Z`C,��-�2� ��. i9c✓�� before me. the tl(l��nrSiqnPd. -� Notary Publ 1 c 1 n a d for sa i c1 state. r�ersona I i v a[��;�r t�r1 .,1FAN M. BENSON. known to me to be the Mayor of the municip�l cnrpprati�n that executed the within instrument. knowr� to me to be th� �Prsnn who executed the w i th i n i nstrument on bef�a 1 f of tr�e rnun i � i na I corporation therein named. and acknowledged to me that sur_h municipal corporation executed the within instrument. WITNESS my hand and ofFi�i�l sPal. �,/!�; � 4' .f .., 1_�.,�t. ��-� .�� U C� , _ - . . P�U raRY PUBL I C �+ C W � = � �. S• � I ^ , ' O � O I O � _� N r� � Ni � � � � � _ � �• �� 5 ' . 1.: , -^ � W • � O', y N � N _. �, \ � � O � ' J. $��?yMo �� oo�o�o Q c, ti (�� ) �y �, �I i '\ : ,. � ' �i� . I � / . i � � � � r1 � / oG I oG J �� :- ' . � I ''� � a. . (3 ., , , . � a � � � 'q V ♦ :� � / �, \\ � J' ' Y '� � C� O � i � s,� � - - - -r„ - - -� ��. �,�� J � � � �',,,� \ ''�y O � / �T) g °' �V � I � I / n .� � r ' ' ti a b� � � ti � � �� a � r � �' Q� ry � , � � � 0 I _ ' � � � • `t e . ' , , . 1 � �`7 . D[ JO _OON -i---- - �rVt��- � - —2If7d.�)fJff� � -- _ � � ��7 !Ot///I GliJlr/ n � � n 4 � I � I , I � I 1 I W � al �� m V V 4 ti ti I I � I I .c lo o� � � i . G c �c -�: . .. c ( ='� Y�, _ .� . `I� �I M1 �I` \ � n f ■ '��! i . v � 3 ��. i � I •, �' " w c „ . ' o j ' i � . a : i - � i � � � � � 0 �' - - �+ � � - � � '� E � � � i \ � � �E N ' � � I � O �i CJ � 70 � � 4. In consid�ration of the granting of this easement b�,� Bank to City, and the construction and maintenance oL a oar�ir.g lot by City, the City agrees to indemnify and holu Ban:c :�ar:<«z�s from.any and a11 claims in any amount or of any tyne whatsc_��er, including attorneys fees, pertaining to or arising Fro;n t!:� development, construction and/or maintenance of a parking 1ot or related uses on the subj�ct property, including any clai:r�s or liabilities which may resuit from utilization of the parking 1ot by the public or employees of adjacent businesses. � 5. The easement granted herein sha11 be tor a term of �4N i,i �OuV�- . }.�a�►s. The City may, at its discretion, commenc� construction of the parking lot (i.e., paving the subject o r o p e r t y) a t a n y t i m e.^+.�� g t�t�—rirs�--��++� ci�-;^.;pr,•,r t-�r�a. `I'1-]C r'' +-•, c�'311 � tY]A�eafter U�pIl Bank r2CiLl2S` : �l:` not prior to e��t�� '-'-� months after commencement oL this Agreement, remove an� paving or other improvements fror� the subject property, and restore the subject property to its conditior_ as of the date of commencement of this Agreement. 6. The Bank acknowledges and agrees that the City may, at its discretion {a) hire and supervise private contractors to construct the parkinq 1ot, and/or (b) operate and mainLain tne parking 1ot directly or through private contractors. 7. In further consideration of the grant of easement by Bank to City, the City shall pay, for the entire easement ter:n, all real property taxes which accrue for said period as to the subject property. 8. 'rhis 1lgreement, thn easement granted herein, and the rights, duties and obligatzons created herezn snall not bA assigned by either party hereto except by tne prior written consent of the other party to such assignment. 9. This Agreement and each and all of the covenants, conditions and grant of easement contained herein shall inure to the be�efit of, apply to, and be binding upon each ot tne parties hereto and each and al1 of their respective successors, assigns, qrantees, lessees, and sub-lessees. 10. All of the provisions of this Agreement sha11 be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including bu� not limited to Section 1468 of the Civil Code of the State o� California. 11. This Agreement sha11 create privity of contract by and among the City and Bank, and each of them, and their respecti��e successors, assigns, grantees, lessees and sub-lessees. 12. This Agreement contains the entire agreement bet��een t"e ,�►� City and Bank pertaining to the s�bject orooertt�. �r.y or�l ',,,� representations or purported modifications concernir.g this p Agreement or the easement granted h2rein sha11 �e or no iorce cr �"� effect unl2ss same are contained in a written decu��t, si�r.?d ��1 � the party to be charged. � 13. In the event of controversy, claim or dispute �et�ee� the parties hereto arisinq out of or relating to tnis Agreement or � the breach hereof, the prevailing party sha11 be entitled to recover from the other party reaso�able expenses, attorne:,�s' fe�s a:.a cos ts . Executed on the date and year Lirst above written at /"�'^ � , CaliEornia. BANK: PALM DESERT NATIONAL BANK By: Wi I1 ia�n . Po�•�zrs President and ChieF ExecutivC vfficcr CITY: CITY OF PALh1 .DESERT � �� , , -� I � .� G � 'f'L� - ��v�� -� - O r �.., C,G I L+1 STATE OF CALIFORNIA n1 v�� S/ D� iss. COUNN OF ��- ------- -._. � � y �7 - �La - 2r 2� - O� _:�S______ . _._. _.__ __ ._. Cefore me, the unders�gned, a Nocary PubI:C �n and for �sa�� State, personally aapeared _... __ �' � �-L / F� �-�1__T �OLt%�%.�--�� _._ana „ - -- - - - - - ---�- - ------- y '� � — p@r5ena" known to �z �Cr ^ro• °'d t0 ^'�P Cn'h@ c Q T c N � �.. '.1 � c _� o� ;p V O A a `o � ., U � � N � ,a N O O � - —�- - . .. ---- -- - - - - - •.Y , „ . _ . bas�s o� sat�sfactory ev�dencel to be the persons wn� exe��utecl thB v.ithm �n;trument as ___ __ ___ __ _ Pres�dent and _ �_ _.__ _ Secretary, on behaif of ___ __ _. _. P_��,s2.�5�P r�/i �o.,l� L. _�'��1,�,4 `� s ►�;,. f•�' p� Ca� iS Y. KA!�1�� the co�poration there�n named, and acknov�lzdged to rne that �� .�: (��Mr�.Tf �' .:�-�:�wr-��,• iv:� i AFiY FUCLIC suchcorporati0nexeCutedthew�th�ninstrumentpursuar,tto�t5 ��;',�'�,cTi.zv+ �,��E;,`, 4_N C� CGU;•1TY by laws or a resolution of �ts board ot directors. •. !'."�' Cr��!FJ:s'':!H ��v Comm�ssion E:cpires Janu�ry 27, 1992 � WITfVESS my hand and off�cial seal. ,, _ ��Gc/� C�..,�.�'—L�/ ,,: - Signa..,re _ ___ __ _ __ ___. �This area for c „c�al nctanal ,eal) ; , `v. . � � 0 i�.•I�FA Y v � / Y� � �� , � • � � � • � • �1� rch 2? , 1 9�9 �1r. Phil Joy, �ssociate Planner City oF Palm Desert 73-5�o Fred `,Jaring Drive Palm Oeser[, CA 92260 RE: Parking Easeme�t, Corner EI Paseo/Larkspur Dear Phil, Further to my telephone conversation earlier today, this is to confirm that the property in question is in sale escrow to Windsor Financial Corpor�tion and is scf�eduled to close March 31, �989• Would you [herefore lease instruct your attorney to draw up a termination aqreement to be effective ttarch 31, 19 9• My apologies for not con:niunicating earlier but I,a een in ormed that termination had alreacly been efFected and it was not until today that I became aware that it still existed on the preliminary title report. Thank you for your cooperation. IF you have questions please give me a c�ll. I��ould like to provide the executed original Termination Agreement to escro�:� for concurrent recording with otf�er documents at the close. Sincerely, � �� , htax E. rlulcock ' Executive Vice President r��Er�:dk 73-74> EI Paseo •(�O. dox ;i77 • Palm Desert. California 92261 • 61913�0-I145 EYHIBIT B Recording Requested by an when recorded return to: Best, Best & Krieger (DSP) 397QQ Bob Hope Drive, Ste. 312 Rancho �iirage, CA 92270 QCIITCLAIM - RELEASE OF EASE:�IEiIT For valuable consideration, receipt of which is hereby acknowledged, the City of Palm Desert ("City") does hereby remise, release, and forever quitclaim any interest granted by Palm Desert National Bank {"Bank") to City pursuant to that Parking Easement Agreement dated February 16, 1988 and recorded on February 23, 1988 in the official records of Riverside County, California as Instrument Iv'o. 46101. This QuitclaiM - Release of Easement and the Parking Easement Agreet��ent relates to that certain property located in the City of Palm Desert, Riverside County, California described as follows: Assessors Parcel No. 627-262-007, .93 acres more or less and a portion of Lot 1 Block Q, Map Book 21/050, Palm Desert, California. �� 1989. This Quitclaim - Rlease of Easement is effective April 22, Executed on April _, 1989 at Palm Desert, Riverside County, California. CITY OF PALM DESERT By STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) ROY 6JILSON, Mayor CITY OF PALM DESERT On this day of Apri1, 1989, before me a rlotary Public in and for said state, personal�y appeared ROY ��]ILSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the City of Paln Desert and acknowledged to me that the City � of Palm Desert executed it. : , � NOTARY PUBLIC T' "��0!26 . "TTnTm r