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Home My WebLink AboutC24280 Grant of Easement Joslyn Senior Center 73750 Catalina WayContract No. C24280 a b CITY OF PALM DESERT STAFF REPORT REQUEST: APPROVAL OF GRANT OF EASEMENT FOR FIRE ACCESS AND RESTRICTIVE EASEMENT AGREEMENT LIMITING BUILDING WITHIN A CLEAR AREA SETBACK ON THE JOSLYN SENIOR CENTER CITY -OWNED PROPERTY AT 73-750 CATALINA WAY TO BENEFIT REDEVELOPMENT AGENCY -OWNED PROPERTY CATALINA GARDENS AT 73-600 CATALINA WAY SUBMITTED BY: BRYCE LYNN WHITE, PROJECT ADMINISTRATOR DATE: SEPTEMBER 8, 2005 CONTENTS: GRANT OF EASEMENT RESTRICTIVE EASEMENT AGREEMENT Recommendation: By Minute Motion, that the City Council approve and authorize the Mayor to execute Grant of Easement for fire access and Restrictive Easement Agreement limiting building within a clear area setback on the Joslyn Senior Center City - owned property at 73-750 Catalina Way to benefit Redevelopment Agency -owned property Catalina Gardens at 73-600 Catalina Way. Executive Summarv: The Redevelopment Agency is currently constructing Catalina/Pueblos Community Room on land that was formerly part of the Joslyn Senior Center property. The recording of the Grant of Easement and Restrictive Easement Agreement are required as a condition of the Building Department prior to issuing a Certificate of Occupancy. Discussion: On January 27, 2005, the Agency Board awarded Contract No. R23070 to Commercial Diversified, Inc., for the construction of a 2,982 square foot community room serving the Pueblos and Catalina Gardens Apartments at 73-600 Catalina Way. Construction is currently underway. The site for the Catalina/Pueblos Community Room was formerly part of the adjoining Joslyn Senior Center property at 73-750 Catalina Way. There is no adequate access for fire equipment to the Community Room from the Pueblos or Catalina Gardens Apartments. The approved plans for this project provide a 20-foot Contract No. C24280 Staff Report Approval of Grant of Easement and Restrictive Easement Agreement for Catalina/Pueblos Community Room Fire Access Page 2 of 2 September 8, 2005 wide fire access route along the west property line of the Joslyn Senior Center to Catalina Way. The attached Grant of Easement provides for the required fire access. It is necessary to restrict future construction within 20 feet of the Community Room as it is currently designed and situated to comply with Uniform Building Code requirements. On June 15, 2005, the Building Department issued a building permit conditioned upon recording a "non-buildability easement' on the Joslyn Senior Center property adjoining the south and east property lines of the Community Room. The combined clear area setback specified in the attached Restrictive Easement Agreement and the current Community Room clear area is greater than the required 20 feet between overhangs. Staff recommends that the City Council approve and authorize the Mayor to execute the Grant of Easement and Restrictive Easement Agreement. Submitted by: Bryc ynn Proje t Administror 0 Approval: Jai McCarthy, AC/*elopment Carlos L. Ortega,46ecutive Director Department Head: ' 1 ave Yrigoye Director edevelopment/Housing 6 a/PVL---- Paul S. Gibson, Director of Finance G %RDA\ -Beth Longman\Statl Repons\White\Cat Pueblos Easement 090805.00C Contract No. C24280 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City of Palm Desert Attn: City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260::2578 (This Space for Recorder's Use Only) GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Palm Desert, a municipal corporation, hereby grants to: The Palm Desert Redevelopment Agency the following described real property in the City of Palm Desert, County of Riverside, California: An access easement for service and emergency vehicle use over that certain property described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein for reference. City of Palm Desert Buford A Crites, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) On , Before me, the undersigned, personally appeared Buford A. Crites, personally known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in there authorized capacities, and that by their signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Signature: (This area for official notorial seal) G:\PubWorksljod OrtomDocumentsTage's Docunwts\Grant of Easement.doc Contract No. C24 EXHIBIT "A" In the City of Palm Desert, County of Riverside, State of California, a portion of Parcel "B" of Certificate of Compliance, Parcel Map Waiver 04-14, Recorded September 15, 2004 as Instrument No. 0735284, Official Records of said County of Riverside described as follows: Commencing at the southwest corner of said Parcel "B"; thence along the westerly line of said parcel "B" N 00' 13'00" W 5.00 feet to the northerly right-of-way line of Catalina Way as described in Instrument No. 0257790, Recorded April 19, 2004; thence along said northerly right-of-way line N 89144'00" E 96.00 feet to the True Point of Beginning; thence leaving said northerly right-of-way line N 00113'00" W 43.50 feet; thence N 451 13'00 W 2.12 feet; thence N 001 13'00" W 169.11 feet to the irregular westerly line of said Parcel "B"; thence along said irregular westerly line N 890 44' 00" E 20.00 feet; thence leaving said irregular westerly line S 001 13'00" E 163.61 feet; thence S 451 13'00" E 7.78 feet; thence S 000 13'00" E 45.00 feet to said northerly right-of-way line of Catalina Way; thence along said northerly right-of-way line S 89' 44'00" W 24.00 feet to the True Point of Beginning. Subject to all rights, right-of-ways, easements and covenants of record, if any. o �N n .. ae �,� J EXP.3/3�/a� No. 6155 G:UPubWorkslJodi OrtonlDocumentslPage's DocumentslParcel Legal Desmpnan Doc.doc7/512005 -' J 15 n '0 0 0' 100' 200' 300' 400' SCALE 1 "=100' EXHIBIT "B" ACCESS EASEMENT 89°44'00" E { 860.48' — —N 557.97' — — — — — — — _ 302.51' — _ cn — — —Ui co r, 5 P. U. E. p O IV W W I co - a, o / 127.73' o PARCEL A ^ o (' J S 89044'00" rn P.M.W 04-14 W m REC.9115104 w INSTR. No. 0735284 -� 25 — P.M.W. 04-14 ' N m 92.04' PARCEL 8 co S 89 "44'00" W Cn 0 4 R/W DEDICATION PER INSTR. No. 0257790, o j/,. REC. 419104, O.R. P.O.C. ow 3 25R - rt1/"_fig 497.30' 5 -j 1 ~� 338.20' 96.00' j T.P.O.i:!- \————— — — — — —F 30'— S 89044'00" W O BEARING DISTANCE 1 S89'44'00"W 24.00' 2 N00' 13'00"W 43.50' 31 N45' 13'00"W 2.12' 41 N00'13'00"W 169.11' 51 N89'44'00"E 20.00' 6 1 S00' 13'00"E 163.61 ' 71 S45' 13'00"E 7.78' 81 SOD' 13'00"E 45.00' CATALINA WAY t rr. f d�.i�s, ,�"G 4 resw °,r.,�l�K? tik�'' �! •°ram• ^rf} of NOTE: This plat was prepared from record data only and does not represent a survey of the property shown hereon. 0 rr n w n z 0 C) N N 00 0 Contract No. C24280 RESTRICTIVE EASEMENT AGREEMENT THIS AGREEMENT is made this day of , 2005, by the City of Palm Desert, California, hereinafter referred to as "City" and Redevelopment Agency of the City of Palm Desert, hereinafter referred to as "RDA". RECITALS WHEREAS, RDA is the owner of that certain parcel of real property described in Exhibit "A" attached hereto and made a part hereof by this reference (the "RDA Property"); and WHEREAS, City is the owner of that certain parcel of real property located adjacent to the RDA Property, described in Exhibit "B" attached hereto and made a part hereof by this reference (the "City Property"); WHEREAS, RDA wishes to construct adjacent buildings, hereinafter called "Primary Buildings" on the RDA Property as shown on the Site Plan attached hereto as Exhibit "C" and made a part hereof by this reference; and WHEREAS, RDA and City have agreed that the proposed Primary Buildings shall be treated as a single unit for the purpose of establishing a 10' and 15' clear area, hereinafter called the "Yard" in compliance with Section 505.2 of the California Building Code, 1998 edition, hereinafter called "CBC". NOW, THEREFORE, in consideration of the promises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, RDA and City agree that the real estate described herein shall be held, sold and reconveyed subject to the following covenants and restrictions which shall run with the land herein described and shall be binding on all parties having any right, title or interest in the land herein described and upon the heirs, successors and assigns as owners thereof. RMBUS\MT1256076.1 Contract No. C24280 1. The "Yard" shall adjoin the Primary Buildings as shown cross -hatched on the Site Plan, and such space shall be maintained by City free of any building or structure, and shall be maintained as a "Yard" as defined in the CBC by the respective parties with respective to their respective properties, provided, however, that this Agreement shall not prevent the "Yard" or any portion thereof from being used for driveways, sidewalks, curb and gutter, parking, landscaping, fenced area and similar uses which do not constitute buildings or structures as contemplated by CBC. 2. Should any incident occur which would damage or destroy such RDA structure, RDA agrees to reconstruct such structures shown on Exhibit "C" only in the same footprint and in accordance with the dimensions. 3. The undersigned parties hereby agree to indemnify and hold harmless each other party from any loss, liability, claims, law suits, causes of action, judgments, settlements, including court costs and attorneys' fees and other legal expenses for whatever nature arising out of or in connection with directly or indirectly relating in any manner to the modifications described in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. City of Palm Desert Redevelopment Agency of the City of Palm Desert 2 RMBUSWT' 256076. I Contract No. C24280 EXHIBIT "A" RDA PROPERTY Parcel A Legal Description Lot 14 Palma Village Groves in the City of Palm Desert, County of Riverside, State of California, as shown on map filed in Map Book 20, Page 51, records of said County of Riverside; EXCEPTING THEREFROM that portion of said Lot 14 described as follows: Beginning at the southeast corner of said Lot 14; thence N 00' 13'00" W 127.73 feet along the east line of said Lot 14; thence S 89144' 00" W 92.04 feet; thence S 001 13'00" E 127.73 feet to the north right-of-way line of Catalina Way as shown on said map; thence N 890 44'00" E 92.04 feet along said right-of-way line to the Point of Beginning; TOGETHER WITH that portion of Lot 15 of said map of Palma Village Groves filed in Map Book 20, Page 51, records of said County of Riverside, described as follows: Beginning at the northwest corner of said Lot 15; thence N 890 44'00" E 127.73 feet along the north line of Lot 15; thence S 001 13'00" E 92.04 feet; thence S 89° 44'00" W 127.73 feet to the west line of said Lot 15; thence N 000 13'00" W 92.04 feet along said west line to the Point of Beginning. Parcel A Containing 3.073 acres, more or less. Subject to all easements, covenants, rights and rights -of -way of recorri No. 6155 8/3/2005 1 G:1PubWorks\Jodi Orton0ocuments\Page's DocumentslExhibit A RDA Property.doc Q ' Contract No. C24280 EXHIBIT "B" CITY PROPERTY Parcel B Legal Description Lot 15 of Palma Village Groves in the City of Palm Desert, County of Riverside, State of California, as sbown on map filed in Map Book 20, Page 51, records of said County of Riverside; EXCEPTING THEREFROM that portion of said Lot 15 described as follows: Beginning at the northwest corner of said Lot 15; thence N 89° 44' 00" E 127.73 feet along the north line of said Lot 15; thence S 00" 13' 00" E 92.04 feet; thence S 89144' 00" W 127.73 feet to the west line of said Lot 15; thence N 001 13'00" W 92.04 feet along said west line to the Point of Beginning; TOGETHER WITH that portion of Lot 14 of said map of Palma Village Groves filed in Map Book 20, Page 51, records of said County of Riverside, described as follows: Beginning at the southeast corner of said Lot 14; thence N 001 13'00" W 127.73 feet along the east line of Lot 14; thence S 890 44'00" W 92.04 feet; thence S 001 13'00" E 127.73 feet to the north right-of-way line of Catalina Way as shown on said map; thence N 890 44'00" E 92.04 feet along said right-of-way line to the Point of Beginning. Parcel B Containing 3.073 acres, more or less. Subject to all easements, covenants, rights and rights -of -way of reco EXP. 3175 to G No. 6155 8/3/2005 1 GAPubWorks\Jodi OrtonTocumentsTage's Documents\Exhibit B City Property.doc v '0 n�3 Tci`� o � CL on'.�� a�a y to W CD co COD 4� � (b CD D o CD O� 0' 100' 200' 300' 400' SCALE 1 "=100' EXHIBIT "C" SITE PLAN BUILDING RESTRICTION EASEMENT 20.00' 92.04' — — N 89°44'00" E S W 13'00" E 860.48' — — — — — — — — — — — — — — 557.97' / o 302.51' ` PARCEL A PRIM_ARY 127.73' BLDG. AREA �� %J 5' P.U.E. P.M. W. 04-14 S 89 °44'00" W •� /-.--15.00' o _J z m 10.00' r/� w o 142.73' 91.38' P.M.W. 04-14 o S 00°13'00" E� 10.00' 5.00' REC. 9/15/04 25' �' cr m INSTR. No. 0735284 92.04' S 89044'00" W 338.20' S 89°44'00" W PARCEL B N W 25' R M 497.30' 30' CATALINA WAY -------�-----�---------- NOTE: This plat was prepared from record data only and does not represent a survey of the property shown hereon. Roof overhangs shall not extend beyond the Primary Building Line. 0 0 0 rt r"f su fT 0 n N .A N 00 O