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HomeMy WebLinkAboutRecorded Doc 2022-079 When recorded return to: } 2022-0062641 Hall Family Trust } 02/07/2022 11 :44 AM Fee: $ 98.00 Page 1 of 4 67800 E. Palm Canyon Dr. } Recorded in Official Records County of Riverside Cathedral City CA 92234 } Peter Aidana Assessor-County Clerk-Recorder } III i'1'�IE FF11l� 0,'1 �� �� 1 III With copy to: } City Clerk } City of Cathedral City } 68700 Avenida Lalo Guerrero } Cathedral City CA 92234 } RECIPROCAL ACCESS EASEMENT AGREEMENT Conditional Use Permit CUP 18-033 THIS AGREEMENT is made this J� day of 4 , 20 ' by Harold J. Hall, Trustee of the Hall Family Trust dated June 9, 1999, ds Owner. WITNESSETH: WHEREAS, Owner is the owner of certain real property ("Owner's Parcel") located in Cathedral City, Riverside County, California, as more particularly described as: Parcels 5 and 6, inclusive, of Parcel Map No. 8635, as shown by Map on file in Book 38, at Pages 65 through 67, inclusive, of Parcel Maps, Records of Riverside County, California; (Assessor Parcel No. 687-510-005) and WHEREAS, Owner desires to develop Owner's parcel, and has obtained the approval of Conditional Use Permit No. CUP 18-033 from the City of Cathedral City, a municipal corporation, to construct a cannabis business within the existing building on Owner's Parcel; and WHEREAS, the City of Cathedral City Planning Commission, in its approval of the Conditional Use Permit CUP 18-033 on April 3, 2019, has conditioned said approval upon Owner granting and agreeing to the easements and covenants contained herein; and WHEREAS, this Agreement is intended to inure to the benefit of the owners ("Other Owners") of those certain real properties ("Other Parcels") located in the same block as Owner's Parcel, as such "Other Owners" are more particularly described and set forth in Exhibit A, which is attached to and made a part hereof. NOW, THEREFORE, subject to the terms, covenants and conditions herein contained, Owner hereby agrees as follows: 1. INGRESS AND EGRESS EASEMENT: Owner hereby grants to each of the Other Owners a non-exclusive ingress and egress easement across the following described portion of said Parcel 6 of Parcel Map No. 8635, for the purpose of motor vehicle and pedestrian ingress and egress of Other Owners and their tenants, licensees, and customers ("Affiliates"): Beginning at the most Southerly corner of said Parcel 6 of Parcel Map No. 8635; Thence, North 55° 41' 00" West, along the Southwesterly line of said Parcel 6, also being the Northeasterly right of way line of East Palm Canyon Drive, formerly State Highway 111 as shown on said Parcel map, a distance of 66.00 feet to the TRUE POINT OF BEGINNING; Thence, Continuing North 55°41' 00"West 34.00 feet; Thence, at right angles, North 34° 19' 00" East, 39.00 feet; Thence, South 55° 41' 00" East, 100.15 feet to a point in the Southeasterly line of said Parcel 6; Thence, South 34° 32' 25" West, along said Southeasterly line, 16.00 feet; Thence, North 55°41' 00" West, 66.09 feet;; Thence, South 34° 19'00" West, 23.00 feet to the TRUE POINT OF BEGINNING. Containing 2,384 sq. ft., more or less. 2. USE OF EASEMENT: The easement granted herein shall be used only in connection with or incidental to any legal use by Other Owners or Affiliates of all or any part of Other Parcels. 3. RECIPROCITY CONDITION: The easement and covenants contained herein shall be of no force or effect until such time as any of Other Owners shall execute and record an easement agreement substantively identical to this Agreement for the benefit of Owner and Owner's Parcel, and, in such event, the easement and covenants contained herein shall then be effective only with regard to such Other Owner and its respective Other Parcel. 4. COVENANTS RUN WITH LAND: Each easement and covenant contained in this Agreement is made for the benefit of each of the Other Owners and each of their respective Other Parcels, is appurtenant to such Other Parcels, and shall constitute covenants running with the land. 5. GENERAL PROVISIONS: 5.1 CAPTIONS: Captions used in this Agreement are for the convenience of reference only and shall not affect the construction of any provision of this Agreement. 5.2 SUCCESSORS AND ASSIGNS: This Agreement and the easement, covenants and conditions contained herein, shall be binding upon and shall inure to the benefit of Owner, Other Owners, and their respective successors and assigns. None of the easements and covenants contained herein may be sold, assigned or otherwise transferred except as an appurtenance to all or any part of the Other Parcels. 5.3 GOVERNING LAW: This Agreement and the easements, covenants and conditions contained herein, shall be deemed to have been made in, and shall be interpreted in accordance with the laws of the State of California. 5.4 FURTHER INSTRUMENTS: Owners shall, from time to time, execute, acknowledge and record such further instruments as any Other Owners may reasonably request to effectuate the intent of this Agreement. 5.5 TERM: The term of this Agreement shall be for twenty (20) years after the date of recordation of this Instrument, after which this Agreement shall automatically be extended for successive periods of ten (10) years. 5.6 INJUNCTIVE RELIEF: In the event of any violation or threatened violation by Owner of any of the easements, covenants and conditions contained herein, any of Other Owners, and their respective successors and assigns, shall have, in addition to the right to collect damages, the right to enjoin such violation or threatened violation in a court of competent jurisdiction. IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above. "OWNER" % dustee Of the Hall Family Trust dated June 9, 1999 SIGNATURES MUST BE PROPERLY ACKNOWLEDGED EXHIBIT A OTHER PARCELS LEGAL DESCRIPTION The land referred to is situated in the City of Cathedral City, County of Riverside, State of California and is described as follows: Parcel 7 of Parcel Map No. 8635, as shown on map filed in Book 38, at Pages 65 through 67, inclusive, of Parcel Maps in the office of the County Recorder of Riverside County. Known as 67858 E. Palm Canyon Drive, Cathedral Cty, CA 92234 (Assessor Parcel No. 687-510-006) Parcel 8 of Parcel Map No. 8635, as shown on map filed in Book 38, at Pages 65 through 67, inclusive, of Parcel Maps in the office of the County Recorder of Riverside County. Known as 67890 E. Palm Canyon Drive, Cathedral Cty, CA 92234 (Assessor parcel Np. 687-510-007) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Calif- _ `c� 1 County of (/MI /�/, J} On 1 / y7, before me, , 1 L+ C Date ` 1 Herrisertyame and Ti le of the Officer_ personally appeared v v� J & 1 I Name(s)of Signer(s) 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. ANGELA L.NASCA a. Notary Public-California I certify under PENALTY OF PERJURY under the -�a.• . • Riverside County laws of the State of California that the foregoing Commission#2250004 ' `-— My Comm.Expires Jul 15,2022 ` paragraph is true and correct. i WITNESS my hand and official seal. Signature 1 /c 1/4....--f Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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