HomeMy WebLinkAboutC30280 - Easmnt Xchng Agmt NE of Technology Dr Contract no. C30280
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE THE MAYOR TO EXECUTE AN EASEMENT
EXHANGE AGREEMENT TO ACCOMMODATE A LOT LINE
ADJUSTMENT LOCATED AT THE NORTH END OF
TECHNOLOGY DRIVE
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: La Quinta Village Business Center
45-445 Portola Avenue, Suite 5
Palm Desert, CA 92260
DATE: October 28, 2010
CONTENTS: Subject Easement Exchange Agreement
Approved Parcel Map Waiver Exhibit "B"
Vicinity Map
Recommendation
By Minute Motion, authorize the Mayor to execute an Easement Exchange
Agreement to accommodate a lot line adjustment located at the north end
of Technology Drive.
Backqround
At their meeting of September 21, 2010, the Planning Commission approved Parcel
Map Waiver (PMW) 10-207, which adjusts the parcel lines of the two north end parcels,
Parcels 3 and 4 of Parcel Map No. 34211-1, located at the north end of Technology
Drive. This adjustment accommodates the proposed DMV facility to be located on
adjusted Parcel 3 of Parcel Map No. 34211-1, shown as Parcel A on Exhibit B of PMW
10-207.
With the lines adjusted as approved, an existing 15-foot wide drainage easement shown
along the west line of Parcel 4 of Parcel Map No. 34211-1 would be located down the
middle of adjusted Parcel 4 (Parcel B of PMW 10-207) preventing sufficient area for a
future building structure. The proposed new easement location will provide for
adequate and unobstructed drainage, as it skirts the outer edge of adjusted Parcel 4
(Parcel B of PMW 10-207) as shown on Exhibit B of PMW 10-207.
Staff Repo�
Execute an Easement Exchange Agreement for the North End of Technology Drive
October 28, 2010
Page2of2
Fiscal Analysis
There is no fiscal impact associated with executing this agreement.
Prepared By: Departm t e� d: �
� %�� r�� ,�'
� � �� ��
R. Page Garner, L.S., Senior Engineer Mark Gree ood, P.E.,
Director of Public Works
CITY COUNCIL�ION
Paul S. Gibson, Director of Finance AI'YROVF.D..,..r.., DF.NiF,D
I2ECE[VED OTHER
A roval: MF.ETI G DATE ��� '��- o/�;�
pp AYESJ - �St111,�izjr,f,Sl��� '�'i�E9l>` ,i�� �?.t�._...
NOES: C� J�
� L A[3SENT: �; % "
AI3STAIN: �»e
Jo . Wohlmuth, Cit a er VrRiFIED BY: ��f� /���i
Original on Fite with City erk's Oftice
- Contract No. C30280
EASEMENT EXCHANGE AGREEMENT
THIS EASEMENT EXCHANGE AGREEMENT ("Agreement") is entered into this
day of , 2010, by and between the City of Palm Desert, a municipal
corporation ("City"), and Matthew V. Johnson and Linda Johnson, Trustees of the
Johnson Family Trust; William Hay and Denise Dubarry-Hay; and Scott R. Wilson,
herein after referred to as "Owners." The City and Owners are sometimes collectively
referred to as "Parties" and individually referred to as "Party."
RECITALS
1. Owners own certain real property located in portions of the south half of Section
28 and the north half of Section 33, all in Township 4 South, Range 6 East, San
Bernardino meridian, in the City of Palm Desert, County of Riverside, State of California,
Assessor's Parcel Numbers 694-190-062, 694-190-063, and 694-190-065, hereinafter
referred to as the Property.
2. Owners offered for dedication to the City an easement on the Property for
drainage purposes ("Existing Easement") per Parcel Map No. 34211-1 as shown by
map on file on book 230 of Parcel Maps at Pages 100 through 103 inclusive, in the
office of the County Recorder of said County of Riverside California. The Existing
Easement is described in more detail in Exhibit "A".
3. In light of new plan designs, Owners propose an alternative easement location
that will provide adequate and unobstructed drainage for the property ("New
Easement"). The New Easement, as shown in Exhibit "B," would skirt the outer edge of
the developed property; where the Existing Easement would bisect it.
4. City will allow the irrevocable dedication of the New Easement in full and
complete exchange for the Existing Easement dedication and release City's interest in
said Existing Easement.
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
and in light of the above Recitals, which are hereby made a part of this Agreement, the
Parties hereby agree as follows:
AGREEMENT
1. Exchanqe. City agrees to forgo acceptance of the Existing Easement offered for
dedication and allow the New Easement to be irrevocably offered for dedication in place
of the Existing Easement.
2. Investigations; Riqht of Entrv. City has conducted such investigations,
inspections, surveys, plans, and tests of the New Easement to determine the suitability
of the New Easement for City's intended use and development. In connection with any
further investigations that the City deems necessary, City shall have the right to enter
upon the New Easement upon reasonable notice to Owners.
72500.00001\3917099.4 �
Contract No. C30280
3. Notices. Whenever it shall be necessary for either Party to serve notice on the
other regarding this Agreement, such notice shall be served either in person, by certified
mail, return receipt requested to the addresses below.
City: City of Palm Desert
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Manager
Owners: Matthew V. Johnson and Linda Johnson
Trustees of the Johnson Family Trust
45-445 Portola Ave. Suite 5
Palm Desert, CA 92260
William Hay and Denise Dubarry-Hay
45-445 Portola Ave. Suite 5
Palm Desert, CA 92260
Scott R. Wilson
45-445 Portola Ave. Suite 5
Palm Desert, CA 92260
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the Party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
4. Leqal Costs. In the event of any legal action between the City and Owners
arising out of the obligations of the Parties pursuant to this Agreement, the prevailing
Party will be entitled to payment of its costs and expenses, including its attorneys' fees.
5. Counterparts. This Agreement may be executed in counterparts each of which
shall be deemed an original and all of which together shall constitute one and the same
instrument which shall be binding upon the Parties notwithstanding that the Parties may
not be signatories to the same counterpart or counterparts. The Parties may integrate
their respective counterparts by attaching the signature pages of each separate
counterpart to a single counterpart.
6. Further Assurances. Whenever requested to do so by the other Party, each
Party shall execute, acknowledge, and deliver any further conveyances, assignments,
confirmations, satisfactions, release, powers of attorney, instruments of further
assurance, approvals, consents, and any further instruments or documents that are
necessary, expedient, or proper to complete anything contemplated by this Agreement.
In addition, each Party shall do any other acts and execute, acknowledge, and deliver
any requested documents in order to carry out the intent and purpose of this
Agreement.
72500.00OQ1\3917099.4 2
Contract No. C30280
7. Modifications. All modifications to this Agreement must be in writing and signed
by the Parties.
8. Successors and Assiqns: This Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the Parties hereto.
9. Governing Law; Choice of Venue. This Agreement shall be governed and
construed in accordance with California law. Venue shall be Riverside County.
10. Severabilitv. If any provision of this Agreement becomes or is declared by a
court to be illegal, unenforceable or void, that clause will be omitted and the remainder
of the Agreement will continue in full force and effect. Such holding shall in no way
affect the validity or enforceability of this Agreement.
11. Entire A reement. This Agreement is the entire agreement between the Parties
and supersedes any prior or contemporaneous representations, understandings or
agreements, whether written or oral.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their respective authorized officers or representatives as of the date and
year first above written.
CITY OF PALM DESERT
A Municipal Corporation
By: gy:
Matthew W. Johnson Cindy Finerty, Mayor
Date: Date:
ATTEST:
(Signature must be notarized)
By:
Rachelle D. Klassen, City Clerk
By:
Linda Johnson
Date:
(Signature must be notarized)
[Signatures continued on following pages]
72500.00001�3917099.4 3
Contract No. C30280
By:
William Hay
Date:
(Signature must be notarized)
By:
Denise DuBarry-Hay
Date:
(Signature must be notarized)
By:
Scott R. Wilson
Date:
(Signature must be notarized)
72500.00001\3917099.4 4
Contract No. C30280
STATE OF CALIFORNIA �
COUNTY OF RIVERSIDE )
On , 2010 before me, , Notary
Public, personally appeared
, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
faregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (seal)
STATE OF CALIFORNIA )
COLTNTY OF RIVERSIDE )
On , 2010 before me, , Notary
Public, personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (seal)
72500.00001\3917099.4
Contract No. C30280
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )�
On , 2010 before me, , Notary
Public, personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (seal)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On , 2010 before me, , Notary
Public, personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
� WITNESS my hand and official seal.
Signature: (seal)
72500.00001\3917099.4
Contract No. C30280
� STATE OF CALIFO.RNIA )
COUNTY OF RIVERSIDE )
On , 2010 before me, , Notary
Public, personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (seal)
72500.00001\3917099.4
Contract No. C30280
EXHIBIT�°A"
EXISTING DRAINAGE EASEMENT
LEGAL DESCRIP'TION
IN THE CITY OF PALM DESERT,
COi7NTY OF RZ�ggIDE, STATE OF CAI,IFpgNIp�
A PORTION OF THE "pESIGNATED REMAINDER" PARCEL OF PARCEL MAp NO. 39211-1, AS
SHOWN BY MAp ON FILE IN BOOK 230 OF PARCEL MApS, AT PAGES 100 THROUGH 103,
INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY,
CALIFORNIA� BEING ALSO A PORTIQN OF SECTION 33, T.4S., R.6E., S.B.M. ,
DESCRIBED AS FOLLOWS:
A STRIP pF I,AND 15 FEET WIDE, THE SOUTHEASTERLY LINE QF WHICH IS THE
NORTNWESTERLY LINE OF PARCEL 9 pF SAID PARCEL MAP N0. 34211-1, WHICH SAID
STRIP OF LAND IS BQUNDED ON THE NORTHEAST BY THE SOUTHWEST LINE OF LOT "B" OF
SAID PARCEL Mp,P N0. 34222-i,
NORTHEASTERLY LINE OF LOT "A" OF SAIDDp.�CELDMAp NO. 3 211-1OU HA ING ABRADIUS
OF 340.00 FEET, AND THE PROLONGATION OF ITS TANGENT LINE FROM THE NORTHWEST
CORiVER pF SAID LOT "A" BEARING N5g°32�22'�w;
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT OF WAYS AND EASEMENTS OF RECORD.
PREPAREd UNDER THE SUPERVISION OF:
pjl0�E5�S1p�,�
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LYDIA R. SHIN�� RCE NO. 32182 �, DEC. 31, 201p 08/12/2010
MY I,ICENSE EXPIRES 12/31/2010 7k p— A`
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EXHTBIT"B"
N�j'4'DRAINAGE EASEMENT
LEGAL DESCRIPTIpN
IN THE CITY QF P� pESERT,
CQLINTY OF RIVEItSIDE, STAfiE OF CALIFORNIA
A PORTTON OF THE "DESIGNATED REMAINDER" PARCEL OF PARCEL MAp N0. 392I1-1, AS
SHOWN gy (�p pN FILE IN BOOK 230 OF PARCEL MApS, AT pAGES 100 THROUGH 103,
INCLUSIVE, IN THE OFFICE OF THE CO(INTy RECORDER pF SAID RIVERSIDE COUNTY,
CALIFORNIA, BEING ALSO A PORTION OF SECTION 33, T.45., R.6E., S.B.M. ,
DESCRIBED A5 FOLLOWS:
COMMENCING AT THE NpRTHWEST CQRNER pF PARCEL 4 OF SAZD PARCEL MAP N0. 34211-1;
THENCE N54°32'22"W, A DISTANCE OF 79, 92 FEET TO THE TRUE POINT �F $EGINNING;
THENCE S35°27'38"W, A DISTANCE OF 283,00 FEET;
THENCE S02°35`48"E, A DISTANCE pF 125,73 FEET, TQ THE MQST NORTHERLY CORNER
OF LOT A OF SAID PARCEL MAp N0, 34211-1;
THENCE N59°32'22"W, A DISTANCE OF 19.Q5 FEET;
THENCE NO2°35'9B"W, A DISTANCE OF' 119.16 FEET;
THENCE N35°27`3g•�E� p, DISTA23CE OF 1$$.17 FEET TO THE NORTHEASTERLy LINE OF
SAIp "L?ESZGNATED REMAINDER" PARCEL;
THENCE S54°32'22"E ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 15.00 FEET T+J
THE TRUE PpINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 9, 620 SQUARE FEET, MQRE OR LESS.
SUBJECT TO AL:, C4VENANTS, RIGHTS, RIGHT OF WAYS AND EASEMENTS Q�' RECORD, TF
ANY.
PREPARED UNDER "°HE SppERVISION OF; �p4������
��c,�\�Q,. SH/,�,py�,+�
a � N0. 321$2 9� ��*+
` DEC. 31, 2010
LYDIA R. SAINOftAT�i�����` * *
MY LICENSE EXP,�`. ' R�E N4. 321$2 ,n�,, � � ,� 08/12/20i�
RES 12/31/2Q�p 9� 1Y1 �� DATE
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