HomeMy WebLinkAboutEntryway to Desert Willow Grant of EsmntCITY OF PALM DESERT
STAFF REPORT
REQUEST: 1) APPROVE GRANT OF EASEMENT TO WVC RANCHO
MIRAGE, INC. FOR THE ENTRYWAY TO DESERT WILLOW
FROM PORTOLA;
2) APPROVE MAINTENANCE AGREEMENT FOR THE
MAINTENANCE OF THE LANDSCAPING
SUBMITTED BY: DAVE YRIGOYEN, DIRECTOR OF REDEVELOPMENT/HOUSING
DEVELOPER: WVC RANCHO MIRAGE. INC.
8803 VISTANA CENTRE DRIVE, SUITE 360
ORLANDO, FL 32821
DATE: FEBRUARY 14, 2008
CONTENTS: GRANT OF EASEMENT
MAINTENANCE AGREEMENT
Recommendation:
By Minute Motion, that the City Council:
1. Approve the Grant of Easement to WVC Rancho Mirage, Inc. for the
entryway to Desert Willow from Portola Avenue; and
2. Approve the Maintenance Agreement for the maintenance of the
landscaping.
Discussion:
The Council continued this item at its meeting of January 10, 2008. The purpose of this
continuance was to have the Council also consider the Maintenance Agreement in
relationship to this easement. Staff and Starwood have since finalized the Maintenance
Agreement and it is herewith provided for your consideration.
The easement from Desert Willow (the City) to WVC Rancho Mirage, Inc. (Starwood) is
required for wall and landscaping improvements by Starwood at their project entry on
Portola Avenue. The proposed improvements will require the relocation of the 18th tee a
Staff Report
Approval of Grant of Easement to WVC Rancho Mirage, Inc. and Maintenance Agreement
Page 2of2
February 14, 2008
few feet north, which Starwood will construct. Also, vehicle access will be somewhat
closer to the 17th green, however, with little impact. The Maintenance Agreement is the
standard City agreement which has been negotiated by our Landscape Manager.
Staff would recommend the approvals.
Submitted by:
Dave Yri n
Direct of Redevelopment/Housing
Approval:
McCarthy
edevelopment
Carlos L. Ortega, City Manager
CITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED OTHER
MEETING DATE
AYES: F� l,(Sc�1 ii►1��1t� 011 S��if"��1lu"zd tacnsc-i
NOES: MCC/I('
ABSENT: /VOYIf_
ABSTAIN: Ajone
VERIFIED BY: CO /tYlcirfl
Original on File with' City Clerk's Office
G \rda\Mara Hur.t\WPDATA\YRIGOYEN\STFRPTS\021408S!arwoodFsm^t MairtAgm doc
WHEN RECORDED MAIL TO:
WVC RANCHO MIRAGE. INC.
8801 Vistana Centre Drive Ste
Orlando. Florida 32821
AND A COPY TO:
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
DOCUMENTARY TRANSFER TAX$.. _._. _ _. _ _ _ _ SPACE ABOVE THIS LINE FOR RECORDER'S USE
__.....__
.....Computed on the consideration or value o(property conveyed;OR
.....Computed on the consideration or value less liens or encumbrances
rem8ining 8�time o(sale S�gnaWre of Declarant or Agent determmmg tax-F�rm Name
GRANT of EASEMENT
For Walls, Landscaping and Vehicular Access Purposes, and the Maintenance Thereof
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the CITY OF PALM DESERT, a municipal corporation
hereby GRANT(s)to
VWC RANCHO MIRAGE, INC., a Delaware Corporation
the real property in the City of Palm Desert
County of Riverside , State of California, described as
PARCELS "A"AND "B"AS SHOWN IN EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF
Dated
STATE OF CALIFORNIA }
COUNTY OF }ss.
)
On before me.
personally appeared
personally known to me (or proved to me on the basis of satisiactory
ev�dence) to be the person(s)whose name(s) �s/are subscnbed ro the wdhn
�nstrument and acknowledged to me that heishe/they executed the same
�n his/her/their authorized capacity(ies), and that by h�siherithe�r signa-
ture(5) On the instrument the person(s) or the entity upon behalf ol
whiCh the person(s)aCted.exeCuted the mStrument
WI7NESS my hand and off�c�al seal.
Signature
(Thls area for officlal notanal seap
MAIL TAX STATEMENTS TO�
�XHI�IT "A"
(LEGAL DESCRIPTION)
PARCEL "A":
IN THE ClTY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF LOT 15 OF TRACT MAP NO. 28450, AS SHOWN BY MAP ON
FILE IN BOOK 264, AT PAGES 4 THROUGH 15, INCLUSIVE, OF MAPS, OFFICIAL
RECORDS OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE,
ALSO BEING IN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 6 EAST, S.B.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 15;
THENCE ALONG THE WESTERLY LINE OF SAID �07 �5 NORTN 0�°21'29" EAST
A DISTANCE OF 40.34 FEET TO THE EAST-WEST QUARTER SECTION LINE OF
SAID SECTION 4;
THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 15, NORTH
01°21'S9" EAST A DISTANCE OF 84.78 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 88°38'01" EAST A DISTANCE
OF 35.04 FEET; .
THENCE SOUTH 65°26'46" EAST A DISTANCE OF 254.76 FEET;
THENCE SOUTH 74°15'15" EAST A DiSTANCE OF 183.87 FEET;
THENCE SOUTH 15°15'S7" WEST A DISTANCE OF 14.42 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID LOT 15;
THENCE NORTH 74°44'03" WEST ALONG SAID SOUTHERLY LINE A DISTANCE
OF 174.74 FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89°52'37"WEST A
DISTANCE OF 274.34 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS,
RIGHTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
CONTAINING 23,764 SQUARE FEET �O���t�
OR 0.546 ACRES, MORE OR LESS. ��' � 9`�
EXHIBIT "B" ATTACHED HERETO AND BY � �
THIS REFERENCE MADE A PART HEREOF.
* *
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CA
PAGE 1 of 3 12/5/2007
EXHIBIT "A"
(LEGAL DESCRIPTION)
PARCEL "B":
IN THE CtTY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF LOT '10 OF TRACT MAP NO. 28450, AS SHOWN BY
MAP ON FILE IN BOOK 264, AT PAGES 4 THROUGH 15, INCLUSIVE, OF
MAPS, OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID
COUNTY OF RIVERSIDE, ALSO BEING IN SECTION 4, TOWNSHIP 5
SOUTH, RANGE 6 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNtNG AT THE MOST WESTERLY NORTHWEST CORNER OF SAID
LOT 10;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 10 THROUGH THE
FOLLOWING SIX (6) COURSES:
(1) THENCE SOUTH 88°38'31" EAST A DISTANCE OF 26.13 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 225.00 FEET;
(2) THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 24°04'02", AN ARC DISTANCE OF 94.51 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE PASSING THROUGH
SAID POINT BEARS SOUTH 22°42'33" EAST;
(3) THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 33°12'46", AN ARC DISTANCE OF 98.54 FEET;
(4) THENCE NON-TANGENT TO LAST MENTIONED CURVE SOUTH
09°51'01" EAST A DISTANCE OF 39.50 FEET;
(5) THENCE SOUTH 62°33'49" EAST A DISTANCE OF 59.41 FEET;
(6) THENCE SOUTH 46°18'15" EAST A DISTANCE OF 57.30 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF LOT 10, NORTH 64°05'09"
WEST A DISTANCE OF 118.34 FEET;
THENCE SOUTH 62°23'44" WEST A DISTANCE OF 190.90 FEET;
THENCE NORTH 88°38'31" WEST A DISTANCE OF 42.96 FEET TO A POINT
IN THE WESTERLY LINE OF SAID LOT 10;
PAGE 2 OF 3 12/5/2007
EXHIBIT "A"
(LEGAL DESCRIPTION)
THENCE ALONG SAID WESTERLY LINE NORTH 01°21'29" EAST A
DISTANCE OF 114.53 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
CONTAINING 21,746 SQUARE FEET OR 0.499 ACRES, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
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PAGE 3 OF 3 12/5/2007
EXHIBIT "B"
so� �
I �o� �
� - -- - -- - - -- - -- -- -- - - --- - -� --
--,
SECTION LINE
� �
� J L3 I� f�OO 4 9g
v + S ss
� 2
a' + 6 46,�F QUARTER
W 1/4 COR. — 00 I — — ^ 2 — SECTION LINE� ` - -
sEc. 4 P RCEL •A• S4�>s-
— �3,764 S.F.
� 0.546 AC.
� "
I (S 89'S2'37 W 274.34') �4
� M � N 22'42'33" W N �4• �6 h
P.O.B. 'D 44�03" �
PAR. A'.� � I P RB•�B� �R) N 10'30'13" E W 538 �
v (C2 �R� �6�
1 c1 r
�
� � ��� PARCEL •B• �9 �04 �
z � I z,.�4s s.F. a�o
� � + 0.499 AC. �� • �°
�� O �
Q � J I �'1�" ' LOT 10NE ��°�o�
.� Q I � � ,Q �a
F— I L13 ��� �� p �
O I I , \ ���00 c
a I40 EASEMENT FOR P.U.E., E RIAN �
50' & LANDSCAPE PURPOSES, IN FAVOR OF �
THE CITY OF PALM DESERT, PER INST.
1 " = 100' c� I N0. 261207, REc. �/za/s�, o.R. \�NP•�- �NO�,
� � ��� J G�,as e.R FoI G'A L
� �
a �
� E 03/31/08 �
LINE DATA �—) INDICATES RECORD DATA (�� �Q'
PER M.B. 264/4-15 q
N0. BEARING LENGTH ���F CAL�F��
L1 N O1'21'29" E 40.34'
L2 N O 1'21'S9" E 166.35'
L3 S 88'38'01" E 35.04'
�4 s �4•�5'�s" E 183.87' CURVE DATA
L5 S 15'15'57" W 14.42' N0. DEI.TA RADIUS LENGTH TANGENT
L6 N 74'44'03" W 174.74'
L7 S 88'38'31" E 26.13' C1 24'04'02" 225.00' 94.51' 47.96'
L8 S 09'S1'01" E 39.50' C2 33'12'46" 170.00' 98.54' 50.70'
L9 S 62'33'49" E 59.41'
L10 S 46'18'15" E 57.30' MSA CONSULTING, INC.
L11 N 64'05'09" W 118.34
L12 S 62'23'44" W 190.90' MAINIERO, $MITH & E�SSOCIATES, INC.
L 13 N 88'38'31" W 42.96' �-�+►+►�ru�a ■ Crvn.BNaQrssRnao ■ Lnrm Suxvs�rwo
L14 N 01'21'29" E 1 14.53' 34200 Boe HoPs DxivE ■R�rrcHo M�ae ■CA 92270
Tet,sPHorrs (760) 32Q981t • F�x (760) 323-7893
�.N. � � S$ 12/05/07 SHEET 1 OF 1
WHEN RECORDED MAIL TO:
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
LANDSCAPE MAINTENANCE AGREEMENT
PURSUANT TO CONDITIONS OF PROJECT APPROVAL
This Landscape Maintenance Agreement Pursuant to Conditions of Project Approval (the
"Agreement") made and entered this day of [month] , 200_, by and
between the City of Palm Desert, a municipal corporation, hereinafter referred to as "CITY" and
[name of developer] WVC Rancho Mira e Inc. [legal description if appropriate] a Delaware
Corporation, hereinafter referred to as `'DEVELOPER". CITY and DEVELOPER are
sometimes hereinafter individually referred to as a `'Party" and/or collectively referred to as the
"Parties".
RECITALS
WHEREAS, DEVELOPER is owner of that certain real property located at 38995 '/2
Desert Willow Drive, in the City of Palm Desert, County of Riverside, State of California,
Assessor's Parcel Number(s) 620-420-001 through 008 and 620-430-001, 002, 003, and 008
throu 7�,h 014, hereinafter referred as the "Property'', and
WHEREAS, DEVELOPER will be developing the Property as described in Exhibit "A",
attached hereto and incorporated herein by this reference, hereinafter referred to as the "Project'',
and
WHEREAS, on [date] , 200_, the CITY Planning Commission adopted Resolution
No. _, hereinafter referred to as '`Precise Plan Number/Conditional Use Permit 06-17", setting
forth development conditions for the Project to be developed on the Property. Said development
conditions require landscaping to be in substantial conformance with exhibits approved by the
CITY and on tile with the Department of Community Development. Those exhibits include
landscaping working drawing and specitications, hereinafter referred to as "Plans and
Specifications." Conditions of the Precise Plan Number/Conditional Use Permit also requires
parking lot landscaping to comply with the Master Parking Lot Tree Plan which specifies
minimum parking lot tree shading requirements and the Water Efficient Landscape Ordinance
which specifies minimum standards for water-efficient landscape requirements, and
WHEREAS, to insure continuing compliance with the landscape requirement of Precise
Plan Number/Conditional Use Permit, the CITY desires assurance that DEVELOPER and
successors will maintain said landscaping for the life of the project per the newest edition of the
City's landscape maintenance guidelines, and
WHEREAS, DEVELOPER is desirous of�maintaining said Iandscaping as required by
Precise Plan Number/Conditional Use Permit as an enhancement of overall project quality and
desirability,
NOW THEREFORE, in consideration of the acceptance by the City of Precise Plan
Number/Conditional Use Permit, the Parties hereto mutually covenant and agree as follows:
TERMS
l. DEVELOPER agrees to maintain the landscaping installed pursuant to the Precise
Plan Number/Conditional Use Permit including, but not limited to, maintaining plar�t material,
irrigation system, hardscape, and all other landscape amenities as identified in the Plans and
Specifications.
2. DEVELOPER may request amendments to Plans and Specifications. The CITY
shall not unreasonably withhold approval of amendments provided they are consistent with
original intent, design quality and water efficiency of the Plans and Specifications.
3. It is the CITY's and DEVELOPER's intent that should any right, title or interest
in and to the Property, or a part thereof, be sold or otherwise conveyed, that the obligations set
forth in this Agreement shall automatically become the obligations of the new title or interest
holder. The obligations set forth in this Agreement shall bind DEVELOPER's heirs, successors
and assigns of the Property and the covenants contained herein shall run with the Property, and
those covenants shall benefit each and every other parcel of property located in the CITY. This
Agreement shall be notarized and recorded with the Riverside County Recorder's Office.
4. In the event that DEVELOPER fails to comply with the terms of this Agreement,
the CITY shall provide DEVELOPER, or DEVELOPER's successors in interest, with a thirty
(30) day written notice of default, which notice shall specify the nature of the default. In the
event that DEVELOPER or his successors in interest fail to cure the default within the said thirty
(30) days, provided following rcceipt of said notice, DEVELOPER has not commenced and is
not diligently pursuing cure of said default, the CITY may immediately take steps to cure the
default by curing the default itself and imposing a lien, pursuant to law, against the Property for
the cost of such cure. The imposition of a lien for failure to prove landscape maintenance on a
public right of way as required under this Agreement, shall be applied to the Property.
5. If legal proceedings are necessary to enforce or interpret the terms of this
Agreement, the prevailing Party, as determined by the court, shall be entitled to recover from the
other Party all cosis and expenses of the proceedings, including reasonable attorneys' fees and
related costs.
6. DEVELOPER hereby agrees to indemnify, defend and hold the CITY and its
officials, officers, agents, servants and employees harmless from any and all liabilities, claims,
demands, debts, suits, actions and causes of actions, including but not limited to, property
damage, personal injury or wrongful death, arising out of or in any manner connected with any
RMLIT/C'LC/246403 - 2 -
act or omission of DEVELOPER, or its officers, agents, servants or employees, done or
performed pursuant to the terms and provisions of this Agreement.
7. DEVELOPER, individually as the current owner of the Property and on behalf of
DEVELOPER's heirs, successors and assigns of the Property, does hereby grant to the CITY, as
grantee, a lien on the Property, pursuant to law, which lien shall be enforced in the amount of all
fees and costs incurred by CITY in performing DEVELOPER's obligations hereunder upon
DEVELOPER's failure to perform same.
8. Any and all notice, including, but not limited to a notice of default sent or
required to be sent to the Parties to this Agreement will be mailed to the following addresses:
City of Palm Desert
73-�10 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn:
WVC Rancho Mirage, inc.
8801 Vistana Centre Drive
Orlando, Fl. 32821
Attn: Sergio Rivera, President
IN WITI�IESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
[Signatures on Following Page]
RMLIT/C'7.C/24(r103 - J -
CITY: DEVELOPER:
THE CITY OF PALM DESERT, WVC Rancho Mirage, inc.
a California municipal corporation a Delaware Co oration
By: By:
Mayor
Its: Senior Vice President
Date: Date: January 4. 2008
OWNER if other than Developer
ATTEST: By:
By: Its:
City Clerk
Date:
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
City Attorney
R�1L[T/CZC/246103 - 4 -
STATE OF FLORIDA ) ss.
COUNTY OF Or��n � )
On , 200�, before me, t��'v1G5 , a Notary
Public, perso lly appe d Victoria H. Carter as Senior Vice Presi ent of WVC Rancho Mirage,
inc.,_ personally known to me or proved to me on the basis of satisfactory evidence, to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal. xoT,�tY
_°�� �Nancy Ram�os��A
��- ' ;Commissioa�DD
�' orin'en��pires: JAN.25,2011
Notary Publ' n'�"r'�B°"D�cco,n�rG
R�11.IT/CZC/246403 - 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
R'viLIT/C7,C/246403 - 6 -