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HomeMy WebLinkAboutCarlos Ortega Villas - Fiinalize-Xcute to Facilitate SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY/PALM DESERT HOUSING AUTHORITY JOINT CONSIDERATION STAFF REPORT REQUEST: AUTHORIZE THE CHAIR/CHAIRMAN AND/OR EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY/PALM DESERT HOUSING AUTHORITY TO FINALIZE AND EXECUTE ANY ANCILLARY DOCUMENTS REQUIRED TO FACILITATE THE ACTIONS NECESSARY FOR THE CARLOS ORTEGA VILLAS PROJECT SUBMITTED BY: Heather Buck, Project Coordinator DATE: April 10, 2014 CONTENTS: Reciprocal Access, Drainage and Utility Easement Agreement Recommendation By Minute Motion that the Successor Agency and Housing Authority Boards: 1. Authorize the Chair of the Successor Agency to the Palm Desert Redevelopment Agency to sign the Final Parcel Map as the property owner; 2. Authorize the Chairman of the Palm Desert Housing Authority to execute a Certificate of Acceptance for the property to be known as Carlos Ortega Villas (Parcel 1 of Parcel Map 36363) through recordation of a Grant Deed; 3. Approve the Reciprocal Access, Drainage and Utility Easement Agreement substantially as to form; 4. Authorize the Executive Director to execute the finalized Reciprocal Access, Drainage and Utility Easement Agreement as approved by the Palm Desert Housing Authority legal Counsel; and 5. Authorize the Chair/Chairman and/or Executive Director of the Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority to finalize and execute any ancillary documents required to facilitate the actions necessary for the Carlos Ortega Villas project. The estimated cost for the project ($16,665,218) is listed on ROPS, lines 171 and 186. Although the Housing Authority would initially advance the funds for this work, the SARDA will reimburse the Authority for the costs from bond proceeds, which include a project for the Staff Report Authorization to finalize and execute docs necessary for the COV project Page 2 of 4 April 10, 2014 Carlos Ortega Villas improvements in the bond covenant. The project is budgeted in the Housing Authority Capital Improvements Account No. 871-8691-466-4001. Executive Summary Approval of this request authorizes the Chair/Chairman and/or Executive Director of the Successor Agency to the Palm Desert Redevelopment Agency ("SARDA")/Palm Desert Housing Authority ("Authority") to finalize and execute any ancillary documents required to facilitate the actions necessary for the Carlos Ortega Villas project including, but not limited to, the Final Parcel Map, grant deed from the SARDA to the Authority, reciprocal access easement agreement with the adjacent property, and quitclaim deed(s) with various utility agencies. On October 10, 2013, the SARDA and Authority approved the Carlos Ortega Villas Project Bond Proceeds Funding Agreement ("Reimbursement Agreement") between the SARDA and the Authority allowing the Authority to pay for all work required for the project including, but not limited to any fees associated with the execution of the above referenced documents. Reimbursement of these expenditures will be from existing bond funds. The Reimbursement Agreement has been approved by the Department of Finance (DOF). Commission Recommendation The Housing Commission will review the recommendation at the regularly scheduled meeting of April 9, 2014. Staff will provide a verbal report upon request of the Agency/Authority Board. Background The Carlos Ortega Villas is a 72-unit affordable senior housing project, located on approximately 3.9 acres at the intersection of Washington Street and Avenue of the States. Carlos Ortega Villas will be a flagship project, incorporating the latest in energy efficiencies into both design and construction with the ultimate goal being a net-zero energy project. On April 8, 2010, the Palm Desert Redevelopment Agency Board ("Agency Board") authorized the Executive Director to contract with Interactive Design Corporation (IDC) for architectural services for the Carlos Ortega Villas. Since 2011, staffs ability to move this project forward has been limited by the dissolution of the former Palm Desert Redevelopment Agency ("Agency"). Despite this, the project entitlement process was completed and the project design approved by the Successor Agency/Housing Authority on March 22, 2012. After approval of the "Reimbursement Agreement" in October 2013, Interactive Design Corporation submitted the project for plan check in December to the City of Palm Desert and other entities with jurisdiction over this project such as the local utility agencies. Staff is currently working with the architect, engineers, and utility agencies to finalize plans that G:\PubWorks\PROJECTS\825-11 Carlos Ortega Villas\Staff Reports\SR-Authorization to finalize and execute docs\SR-Authorization to finalize and execute docs necessary for COV.doc Staff Report Authorization to finalize and execute docs necessary for the COV project Page 3 of 4 April 10, 2014 have been in limbo for two years since the beginning of the dissolution of the former Palm Desert Redevelopment Agency. Reciprocal Access, Drainage and Utility Easement In 2009, the Agency deconstructed the Country Village Apartments and cleared the landscaping and overgrown tamarisk trees from the property. The removal of the tamarisk trees undermined the already aging and deteriorated wall between the Palm Desert Country Club Villas ("PDCCV") and the Agency-owned land. Therefore, the wall was removed and temporary fencing was installed to mitigate health and safety concerns. The Agency provided a letter to the PDCCV HOA indicating that the wall would be rebuilt within a year or when we commenced with the construction of the project. On August 23, 2012, the SARDA and City Council approved the Reciprocal Access and Wall Agreement between the PDCCV and the SARDA. This agreement confirmed existing obligations, made concessions for additional time to complete said obligations, and listed the City as the responsible entity to fulfill said obligations in the event the SARDA could not. The only obligation remaining, excluding those which are to be incorporated into the Carlos Ortega Villas construction project, is to finalize and record the Reciprocal Access, Drainage and Utility Easement Agreement. Staff has reviewed the agreement with legal counsel and the representatives of the PDCCV HOA. Staff recommends that the Authority Board approve the attached agreement substantially as to form and authorize the Executive Director to execute the finalized agreement as approved by Authority Counsel. Final Parcel Map The Final Parcel Map will be presented to the City Council in the next few months. The Final Parcel map will merge the four (4) parcels that make up the Carlos Ortega Villas project. The map will subdivide the northern parcel so that the eastern portion of that parcel (Casey's restaurant) can be liquidated/sold through implementation of the Property Management Plan, which is currently pending approval by the DOF. Staff is expediting the project and intends to advertise for bidding in April and bring a recommendation to the Board(s) for award of a construction contract in June 2014. Construction is expected to commence in July 2014. Staff recommends approval of this request for authorization to finalize and execute documents ancillary to the Carlos Ortega Villas project in order to facilitate the expedited schedule. Approval of this request authorizes the following persons to sign any necessary documents related to this project within their authority: • SARDA Chair • Authority Chairman • Executive Director of SARDA or Authority G:\PubWorks\PROJECTS\825-11 Carlos Ortega Villas\Staff Reports\SR-Authorization to finalize and execute docs\SR-Authorization to finalize and execute docs necessary for COV.doc Staff Report Authorization to finalize and execute docs necessary for the COV project Page 4 of 4 April 10, 2014 Fiscal Analysis The estimated cost for the project ($16,665,218) is listed on ROPS, lines 171 and 186. Although the Housing Authority would initially advance the funds for this work, the SARDA will reimburse the Authority for the costs from bond proceeds, which include a project for the Carlos Ortega Villas improvements in the bond covenant. Submitted By: /616&th,/et) giet-Y'L. / -, Heather Buck, Pr ' t oor "nator Janet oore, Director of Housing CIT CILI�,CTION APPROVED ✓✓ DENIED RECEIVED OTHER M in Alvarez Director of Economic Development MEETING DAT —/C-- AYES: iSfrl, ?rni , Iegd ajdfl ,(/JiiEr_ Reviewed: NOES:NOR ABSENT: Al --- 17 ABSTAIN: Altr , VERIFIED BY: �i/i,c Paul S. Gibson, Director of Finance Original on File with City'Elerk's Office Ap rpval: �-� 6U C BY HOUSG AUTH C J M. Wohlmuth, Executive Director H FRRD E3Y7 f'U!S /fl y Original on file with City Clerk's Gffir; G:\PubWorks\PROJECTS\825-11 Carlos Ortega Villas\Staff Reports'SR-Authorization to finalize and execute dots\SR-Authorization to finalize and execute docs necessary for COV.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Palm Desert Housing Authority do City Clerk Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 and a copy to: Palm Desert Country Club Villas do J &W Management P.O. Box 1398 Palm Desert, CA 92261 Exempt from Recording Fee DRAFT Pursuant to Government Code 6103 APN: 637-071-002, 637-170-003, 637-170-004, 637-170-007 APN: 637-063-049 RECIPROCAL ACCESS, DRAINAGE AND UTILITY EASEMENT AGREEMENT This Reciprocal Access, Drainage and Utility Easement Agreement (this "Agreement") is entered into as of , 2014, by and between the Palm Desert Housing Authority, a public body, corporate and politic ("PDHA"), on the one hand, and The Palm Desert Country Club Villas, a California nonprofit corporation ("PDCCV"), on the other hand. PDHA and PDCCV are sometimes hereinafter individually referred to as a "Party" or collectively referred to as "Parties." This Agreement is made with reference to the following facts: RECITALS A. The PDHA plans to build a new housing project now to be known as Carlos Ortega Villas (the "Project") on the real property owned by PDHA and described on Exhibit A attached hereto ("Property A"). B. PDCCV is the homeowners association for the Palm Desert Country Club Villas, a condominium project, which owns the real property described on Exhibit B attached hereto ("Property B"). C. Property A and Property B are adjacent to one another. The parties hereto desire to grant, for the benefit of both properties (collectively, the "Properties"), a reciprocal easement for access, drainage and utility purposes on the conditions set forth herein 1 77802.00000\8653534.2 below. This Agreement, and the covenants, easements, and restrictions contained herein, will attach to and run with the Properties and shall be for the benefit of and shall be limitations upon all future owners and occupants thereof. NOW, THEREFORE, in consideration of the mutual covenants, easements, and restrictions herein granted, the parties agree as follows: AGREEMENT 1. Reciprocal Access Easements. PDHA and PDCCV hereby grant to each other, for the benefit of the Properties, reciprocal nonexclusive easements for the purposes of providing vehicular and pedestrian access, ingress and egress to and from the Properties by either of such Parties, and their respective members, tenants, subtenants, licensees and concessionaires, and of their respective employees, agents, contractors, customers, invitees and guests, and such service and emergency vehicles and personnel as may be necessary or appropriate, over that portion of Property A as set forth on Exhibit C attached hereto (the "Property A Easement Area") and that portion of Property B as set forth on Exhibit D attached hereto (the "Property B Easement Area"), all in connection with the lawful use of the Properties and the activities conducted thereon. The Property A Easement Area and the Property B Easement Area are collectively referred to herein as the "Easement Area" and is the entire Easement Area is described on Exhibit E attached hereto. Notwithstanding anything herein to the contrary, in no event shall the Easement Area include in any portion of Property B on or over which carports are located on Property B as of the date hereof. 2. Utility Easements. PDHA and PDCCV hereby grant to each other, for the benefit of the Properties, reciprocal nonexclusive easements for utility installations to serve existing or future use or development of the Properties within, over, under, above and across the Easement Area. 3. Drainage. PDHA and PDCCV hereby grant to each other, for the benefit of the Properties, mutual drainage easements to serve the existing or future use or development of the Properties within, over, under, above and across the Easement Area. Neither PDHA nor PDCCV can impede the drainage from the other property by any work on the Easement Area. 4. No Obstruction; Regulation of Traffic. No walls, fences or barriers of any kind will be constructed or maintained within the Easement Area in any manner which would impair the ingress and egress of pedestrian and vehicular traffic to and from the Properties. Notwithstanding the foregoing, the Parties may adopt reasonable rules and regulations to control the flow and direction of the traffic in and upon, to provide for the safety of users upon, and to exclude persons not entitled to use the Easement Area. 5. Maintenance of Access Easement. PDHA, at its sole expense, will be responsible to maintain the Easement Area in good condition and repair for ingress and egress purposes; provided, however, in the event (i) PDHA does not complete the construction of the Project or ceases to use the Easement Area for ingress and egress to or from Property A, or (ii) PDCCV elects in writing to maintain the portion of the Easement Area located on Property B, each of the Parties will be responsible to maintain the portion of the Easement Area located on their own respective property. Notwithstanding the foregoing, in the event damage to the pavement in the Easement Area is caused by one of the Parties, or its officers, employees, members, residents or guests, the damaged pavement shall be repaired within thirty (30) days of the occurrence of such damage and the cost thereof shall be borne by the Party which 2 77802.00000\8653534.2 caused such damage (or the Party whose officers, employees, members, residents or guests caused such damage). 6. Maintenance of Utility Easement. PDHA, at its sole expense, will be responsible to repair any damage to the pavement in the Easement Area caused by the installation, maintenance or repair of any public utilities. 7. Term: The term of the easements granted pursuant to Section 1, 2 and 3 hereof (the "Easements") shall be in perpetuity. 8. Easements Appurtenant. Each of the Easements shall be appurtenant to each of the Properties benefitted by the respective Easement. The Easements shall pass to successive owners of each of the Properties with the fee title to the Property and shall benefit and burden all such successive owners' title to the Property. Every conveyance of an estate or interest in any Property shall be deemed to have been made with reference to this Agreement and subject to the Easements. Any transfer or conveyance of all or any portion of a Property shall be deemed to include transfer and conveyance of the Easements burdening and benefitting such Property, whether or not the Easements are specifically set forth in the transfer or conveyance instrument; provided, however, that any transfer or conveyance instrument may specifically exclude all or any portion of the benefit of the Easements. 9. Rights and Obligations Run with the Land. All provisions of this Agreement and the Easements are intended by the Parties to be restrictive covenants running with the land of the Properties pursuant to California Civil Code Section 1468. The Easements and other rights and obligations set forth in this Agreement shall run with the land of the Properties and shall be binding upon and inure to the benefit of each of the Properties and all successive owners of each of the Properties. 10. Default. (a) In the event of any breach or threatened breach by any Party (the "Defaulting Party") of any of the terms, restrictions, easements, covenants and conditions provided herein, the other Party will have, in addition to the right to collect damages, the right to enjoin such breach or threatened breach in a court of competent jurisdiction. Prior to the commencement of any such action written notice of the violation will be given to the Defaulting Party. No breach hereof shall entitle any Party to rescind or terminate this Agreement. (b) If performance of any act of obligation of any party is prevented or delayed by an act of God, war, labor disputes, or other cause or causes beyond the reasonable control of such party, the time for the performance of the act or obligation will be extended and such nonperformance shall be deemed forgiven for the period that such act or performance is delayed or prevented by any such cause. (c) A Party will not be in default under this Agreement unless and until the party allegedly in default has been given a written notice specifying the default and (a) fails to cure it within the period of thirty (30) days, or (b) commences to cure the default within such period of time, and if the default cannot be cured within the specified time above, the party thereafter fails to diligently proceed to complete the curing of the default. (d) It is expressly agreed that no breach of this Agreement will entitle any party to cancel, rescind, or otherwise terminate this Agreement, but this limitation will not affect, in any 3 77802.00000\8653534.2 manner, any other rights or remedies which the parties may have by reason of any breach of this Agreement. (e) A breach of any of the terms, conditions, covenants, or restrictions of this Agreement will not defeat or render invalid the lien of any mortgage or deed of trust, made in good faith and for value, but such term, condition, covenant, or restriction will be binding on and effective against any of the parties whose title to the property or any portion thereof is acquired by foreclosure, trustee's sale or otherwise. 10. No Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Properties to the general public or for the general public or for any public purposes whatsoever, it being the intention of the Parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. Notwithstanding any other provisions herein to the contrary, the owners of the Properties may periodically restrict ingress and egress in order to prevent a prescriptive easement from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive easement and shall occur at such at time as to have a minimum effect on the Parties and any other permitted users of the Easement Area. 11. Property Taxes. Each Owner shall pay its respective real property taxes and assessments with respect to its property and its improvements thereon, notwithstanding the burden of this Agreement. 12. Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Properties shall be conclusively deemed to have consented and agreed to be subject to each of these restrictions, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title or interest. 13. Notices. Any notice, report or writing required or permitted to be given hereunder shall be in writing and shall be served by delivering the same either to the other party, or to the agents, officers or other representatives thereof, if any, designated on the signature page hereof, by depositing the notice, contained in a sealed envelope, postage prepaid, in the United States Postal System as registered or certified mail, with return receipt requested or as Express Mail. Any and all such notices shall be delivered to the parties at their respective addresses specified on the signature page hereof. Any such notice deposited in the mail shall be conclusively deemed delivered to and received by the addressee two business days after the deposit in the mail as registered or certified mail, return receipt requested, or one business day after deposit in the mail as Express Mail if all of the foregoing conditions of notice shall have been satisfied. Any party hereto may change its address for the purposes of this paragraph by giving such other party notice, as provided for herein, of the new address. 14. Severability. If any clause, sentence, or other portion of the terms, conditions, covenant and restrictions of this Agreement becomes illegal, null or void for any reason, or be held by any court of competent jurisdiction to be so, the remaining portions will remain in full force and effect. 15. Attorney's Fees. Should any Party or Parties bring suit to enforce any provision of this Agreement or of any supplement to this Agreement or any claim arising therefrom, the prevailing party or parties in such proceedings shall be entitled to recover its costs and reasonable attorney's fees and any award or judgment awarded shall include the same. 4 77802.00000\8653534.2 16. Paragraph Headings. Any headings in this Agreement are inserted for convenience and identification of this Agreement or any provision hereof. 17. Governing Law. This Agreement and the application or interpretation thereof shall be governed exclusively by its terms and by the laws of the State of California. 18. Entire Agreement. It is agreed that each and every understanding and agreement of the parties respecting this transaction are set forth in this Agreement, which, alone, fully and completely expresses their agreement, and that there are not agreements except as herein specifically set forth, or an otherwise in writing. 19. Amendments. All amendments to this Agreement must be in writing, signed by the authorized representative(s) of the Parties and recorded in the official records of the Recorder for the County of Riverside. 20. Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of the Party making the waiver. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition, restriction or agreement. Further, any waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times, shall not be deemed a waiver or relinquishment of such right or power at any other time or times. 21. Principals of Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have all participated substantially in the negotiation, drafting and revision of this Agreement, with advice from legal and other counsel and advisers of their own selection. As used in this Agreement, the masculine, feminine or neuter gender and the singular and plural number shall be deemed to include the other whenever the context so indicates. 21. Time of the Essence. Time is of the essence of each term, provision and covenant of this Agreement. 22. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns, personal representatives, and transferees of the respective parties hereto. 23. Further Assurances. Each party hereto shall execute such other and further documents and instruments reasonably requested by any other party to more clearly evidence and carry out the provisions of this Agreement. 24. Incorporation of Exhibits. Each of the Exhibits attached hereto are incorporated herein by the various references to each as if fully set forth herein. 25. Incorporation of Recitals. Each of the Recitals set forth herein above are made a part of the body of this Agreement. 26. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which counterparts together shall continue one and the same instrument 5 77802.00000\8653534.2 27. Authorized Signatories. Each of the undersigned represents and warrants that he/she is the owner(s)or authorized representative of the owners of the Properties. [Signatures on Following Page] 6 77802.00000\8653534.2 IN WITNESS WHEREOF, each Party has executed this Agreement on the date set forth below next to that Party's signature. PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic By: Name: Its: Address for notices: c/o City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Janet Moore (760) 346-0611 PALM DESERT COUNTRY CLUB VILLAS, a California nonprofit corporation By: Name: Its: Address for notices: do J &W Management P.O. Box 1398 Palm Desert, CA 92261 Attn: Bruce Kalanquin (760) 568-0349 7 77802.00000\8653534.2 PROPERTY A: PALM DESERT HOUSING AUTHORITY ACKNOWLEDGMENT State of California ) SS. County of ) On , 20_, before me, , a 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 PROPERTY B: PALM DESERT COUNTRY CLUB VILLAS ACKNOWLEDGMENT State of California ) SS. County of Riverside ) On , 20_, before me, , a 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 8 77802.00000\8653534.2 EXHIBIT A Legal Description of Property A: [To be Confirmed] Lot 1 of Tract No. 2137, as per map filed in Book 41, Pages 29 through 36, Riverside County Records. 9 77802.00000\8653534.2 EXHIBIT B Legal Description of Property B: [To be Confirmed] Lot 1 of Tract 4887, as per map filed in Book 75, pages 28 & 29 of Maps, Riverside County Records. 10 77802.00000\86535342 EXHIBIT C Legal Description of Property A Easement Area [To Come] 11 77802.00000\8653534.2 EXHIBIT D Legal Description of Property B Easement Area [To Come] 12 77802.00000\8653534.2 EXHIBIT E Legal Description of Entire Easement Area [To Come] 13 77802.00000\8653534.2 EXHIBIT "C" LEGAL DESCRIPTION DRAFT ACCESS EASEMENT THE WESTERLY 12.50 FEET OF LOT 1 OF TRACT MAP 2137 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 41 OF MAPS, PAGES 29 THROUGH 36, IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 2,788 SQUARE FEET OR 0.064 ACRES, MORE OR LESS. EXHIBIT "F" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ____ PREPARED BY OR UNDER THE DIRECTION OF: r1.LAIKpeD. VLt.ANTHONY D. MADDOX P.L.S. 5476 EXP. 09/30/2014 a ss 33 DATED: ‘,CIF"CA' PAGE 1 OF 1 EXHIBIT "D" DRAFT LEGAL DESCRIPTION ACCESS EASEMENT THE EASTERLY 11.50 FEET OF LOT 1 OF TRACT MAP 4887 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN BOOK 75 OF MAPS, PAGES 28 AND 29, IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 2,565 SQUARE FEET OR 0.059 ACRES, MORE OR LESS. EXHIBIT "F" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: LAN0(c474-4a, Y D. L ANTHONY D. MADDOX P.L.S. 5476 �i DA TED: EXP. 09/30/2014 * No 5476 litor extof PAGE 1 OF 1 EXHIBIT "E" DR LEGAL DESCRIPTION AFT ACCESS EASEMENT THE WESTERLY 12.50 FEET OF LOT 1 OF TRACT MAP 2137 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 41 OF MAPS, PAGES 29 THROUGH 36, IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN. TOGETHER WITH THE EASTERLY 11.50 FEET OF LOT 1 OF TRACT MAP 4887 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN BOOK 75 OF MAPS, PAGES 28 AND 29, IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 5,353 SQUARE FEET OR 0.123 ACRES, MORE OR LESS. EXHIBIT "F" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: 0,04.LAND0 zo-4. kitr(D.NCApi. ANTHONY D. MADDOX P.L.S. 5476 II EXP. 09/30/2014 o � 1 No 54 DATED: \.C NF—CIOCCf-' PAGE 1 OF 1 EXHIBIT VF' DEPICTION OF EXHIBITS "C, 0 AND E" iii /8/ �VFAV�F DRAFT- Ww=I`'ofirH co 0 ' ` ATES 1 � I o,s/ - -- .i. G — oO I- 10' SC EASEMENT o ei BK 3342 PG 365-1963 Z O.R. 12.50' ACCESS EASEMENT EXHIBIT "C" I I LOT 1 MB 75/28-29 LOT 1 APN 637-063-049 TR. 2137 MB 41/29-36 APN 637-071-002 11.50' ACCESS EASEMENT 6' PUE EXHIBIT "D" /-TR. 2137 MB 41/29-36 24' ACCESS EASEMENT 5' SCE ELEC. AND 6' PUE TR. 2137 EXHIBIT "E" PHONE EASEMENT MB 41/29-36 INST. NO. 2006-08825981 PAR. 1 REC. 11/30/2006, O.R. i PM 11739 APN 637-170-003 PMB 74/7-8 APN 637-170-004 / 20' GAS EASEMENT DUDLEY DRIVE INST. 36095-65 O.R. / . --- ////"---- o 0 74 CC 0 -1(' Exp No,0. 54769/30/14 * 0' 100' 200' — — — TA le In MO MN MIME '9J�. OF CAtOtt4 SCALE 1"=t 00' IDMSA CONSULTING, INC. A-AMMO s •Ova. •axon EMINO • LAND SURVEYING 34200 Bos Sops DRIVE•RANCHO MIRAGE•CA 92270 T .pxaNE(760) 320-9811 • FAX (760) 323-7893 J.N. 1892 SHEET 1 OF 1