2024 Old Town La Quinta - Grant of Easement Agmt - Stuft PizzaRECORDING REQUESTED BY
And When Recorded Mail To:
City of La Quinta
Attn: City Clerk
78495 Calle Tampico
La Quinta, CA 92253
(Space above for Recorder's Use Only)
GRANT OF EASEMENT AND EASEMENT AGREEMENT
This GRANT OF EASEMENT AND EASEMENT AGREEMENT ("Easement") is
made this 26h day of June 2024, by and between OTLQ, LLC ("Grantor"), and Building A. LQ,
LLC Grantee").
RECITALS
A. Grantor is the owner of certain real property located at 78100 Main Street, La
Quinta, County of Riverside, State of California, APN No 770121013 (the "Grantor Property").
B. Grantee is the owner of that certain real property located in the City of La Quinta,
County of Riverside, State of California, APN No 770121015 located adjacent to the
Grantor Property and known as 78015 Main Street, La Quinta (the "Grantee
Property").
C. For the benefit of the Grantee, Grantor desires to grant to Grantee a nonexclusive
easement appurtenant to the Grantee Property over that portion of the Grantor
Property depicted as the "Easement Area" for the purposes herein described.
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AGREEMENT
NOW, THEREFORE, based on the foregoing Recitals, which are incorporated herein by
reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor and Grantee agree to the following, and Grantor hereby covenants and
declares that all of its interest in the Grantor Property shall be held and conveyed subject to the
covenants, easement, and restrictions herein.
1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive perpetual easement
for the access, ingress, egress, and circulation of pedestrians and vehicles on, over, and about the
Easement Area.
2. No Interference by Grantor._ Grantor shall not use the Easement Area for any purpose
which would impede the use of the Easement Area by Grantee for the purposes herein granted,
including but not limited to parking of vehicles within the Easement Area.
3. Maintenance of Easement Area. Grantor shall maintain the Easement Area. The word
"maintain" shall mean without limitation: (i) maintaining the surfaces in a level, smooth, and
evenly covered condition with the type of surfacing material originally installed or such substitute
as shall, in all respects, be equal in quality, use, and durability; (ii) periodically removing all papers,
debris, filth, and refuse, and washing or thoroughly sweeping the area to the extent reasonably
necessary to keep said area in a neat, clean, and orderly conditions;
(iii) placing, keeping in repair, and replacing any necessary directional signs, markers, and lines.
If Grantor fails to maintain the Easement Area as provided herein, Grantee shall have
an easement over the Grantor Property for the purpose of performing all reasonably necessary
maintenance within the meaning of this Section at Grantor's expense, payable to the grantee that
performed the maintenance work within five (5) business days of receipt of notice of completion
of such maintenance; provided, however, that Grantor must be given no less than ten (10)
days prior written notice before Grantee may exercise such rights, during which period
Grantor may cure, or for those maintenance obligations that cannot be cured within ten (10) days,
Grantor may commence cure and diligently see such cure to completion. In the event that
Grantor fails to reimburse Grantee for the completion of the maintenance required herein within
the five (5) business day -period, such sums shall thereafter bear interest at the maximum non -
usurious rate permitted by law. Until paid, these costs, including interest on attorney's fees
incurred for the enforcement of such maintenance, shall be a lien on the Grantor Property.
4. Insurance, Grantor shall at all times at Owner's own cost and expense maintain a
comprehensive general liability policy of insurance with a combined single limit in an amount
equal to that customarily carried by owerns of fee title to similarly improved real property located
within the general vicinity of the Grantor Property, but in no event less than One Million Dollars
($1,000,000.00), which policy shall cover damage to persons and property occurring upon such
Grantor Property or elsewhere upon the Easement Area in any manner arising out of
(i) the use of the Easement Area, (ii) the exercise of the easement rights granted Grantee, and/or
(iii) the performance of the obligations of Grantor hereunder.
5. Covenants Run with the Land and City Right to Enforce._ The covenants, easement, and
restrictions referred to in this Easement: (i) are granted in perpetuity; (ii) are appurtenant to the
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Grantor Property, and are binding upon any party acquiring any interest in the Grantor Property;
(iii) inure to the benefit of the successors and assigns of Grantee, and shall burden the successors
and assigns of Grantor of the Grantor Property; and constitute covenants running with the land in
accordance with California Civil Code section 1468, and/or constitute equitable servitudes in that
the Grantor Property is burdened by the Easement Area and the Grantee Property are benefited by
the Easement Area, and such covenants, easement, and restrictions herein touch and concern the
land.
6. General Provisions.
6.1 Exhibits. All Exhibits attached hereto are hereby incorporated by reference
and made a part hereof.
6.2 Time of the Essence. Time is of the essence in connection with each and
every provision of this Easement.
6.3 Choice of Law. This Easement shall be governed by California law without
regard to conflict of law principles.
6.4 Validity of Provisions. In the event that any one or more of the provisions
contained in this Easement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity or unenforceability shall not affect any other provisions of this
Easement, and this Easement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein, and the same shall be enforceable to the full st extent
permitted by law.
6.5 Attorney's Fees and Costs. In the event that any action is instituted with
respect to the subject matter of this Easement, the party prevailing in such action shall be entitled
to recover from the other party reasonable attorney's fees and costs for such suit.
6.6 Amendments. This Easement may not be modified in any respect, or
rescinded, in whole or in part, except by written instrument executed by all parties hereto, or their
respective transferees or assignees, and recorded in the Official Records of Riverside County,
California.
6.7 Counterrparts, This Easement may be executed in two or more counterparts,
each of which when so executed and delivered shall be deemed an original and all of which, when
taken together, shall constitute one and the same instrument.
[Signatures on next page]
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The parties have executed this Easement Agreement on the dates specified immediately
adjacent to their respective signatures.
"GRANTOR"
Dated: n f �� _-A )
T
OTLQ, LLC
By: Old Town La Quinta, LLC
Sole Member
By: Wells L. Marvin
President of Marvin Investments, Inc
Managing Member
"GRANTEE"
Dated:--- Q 7JII 2 I -----------------------------
Building A. L.Q., LLC
By: Wells L. Marvin
Member
"CONSENT AS TO FORM"
Dated: W
10 LLEN, City Manager
City of La Quinta, California
Me
NOTARY ACKNOWLEDGMENT
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 California
County of Riverside
On JULY 16, 2024 before me, OSCAR MOJICA, Notary Public, personally
appeared JON McMILLEN (as City Manager for the City of La Quinta) who proved
to me on the basis of satisfactory evidence to be the person(o whose name(o
is/are subscribed to the within instrument, and acknowledged to me that
he/she/ hey executed the same in his/he0heif authorized capacity0e&y, and that
by his/herhe+f signature(o on the instrument the person(} or the entity upon
behalf of which the personko 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:
DOCUMENT:
OSCAR MOJICA
Notary Public . California
W Riverside County
Commission # 2461871
+LIFO My Comm. Expires Sep 1, 2027
(notary seal)
Grant of Easement and Easement Agreement by and between OTLQ, LLC, and
Building A. LQ, LLC to grant a nonexclusive easement appurtenant to a portion of
certain real property located at 78100 Main Street; APN: 770-121-013.
ACKNOWLEDGMENT
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 California
County of RIVERSIDE
On JULY 11, 2024
before me,
GINA M REYES, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _**************WELLS L. MARVIN********************
who proved to me on the basis of satisfactory evidence to be the person whose name 1 /arm
subscribed to the within instrument and acknowled ed to me that e/s execute th ame in
e r authorized capacity, and that b 1 Ir signs ure(sKon the instrument the
perso", or the entity upon behalf of which the n�,%yacted, exec ted the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
*�-.jrmy
GINA M. REYES
WITNESS m han and official seal. Nota iversi a Couliforni�
y �R1ve�sice County
Commission # 2478908
Comm. Expires Jan i, 2024
Signature (Seal)
EXHIBIT "All
ENCROACHMENT AREA
LEGAL DESCRIPTION
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF LOT "E" OF PARCEL MAP NO. 30850, AS SHOWN BY MAP
ON FILE IN BOOK 206, AT PAGES 60 THROUGH 62, INCLUSIVE, OF PARCEL MAPS,
OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE SOUTHWEST QUARTER
OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "E";
THENCE NORTH 00008'33" WEST ALONG THE WESTERLY LINE OF SAID LOT "E",
A DISTANCE OF 15.00 FEET;
THENCE NORTH 89051'27" EAST PARALLEL WITH THE SOUTHERLY LINE OF SAID
LOT "E", A DISTANCE OF 60.00 FEET;
THENCE SOUTH 00008'33" EAST PARALLEL WITH THE WESTERLY LINE OF SAID
LOT "E", A DISTANCE OF 15.00 FEET TO THE SOUTHERLY LINE OF SAID LOT "E";
THENCE SOUTH 89051'27" WEST ALONG THE SOUTHERLY LINE OF SAID LOT "E",
A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 900 SQUARE FEET OR 0.021 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DI CTION OF:
LUKE R. BEVERLY P.L.S. 8223 10 LANA t9l
O LUKE R. BEVERLY �-<
DATED:
12/11/2023 ; a � 1
y No. 8223
7[ 7C
OF CAL\FC�
1 OF 1
EXHIBIT "E"
ENCROACHMENT AREA
LOT "E"
,o (PRIVATE STREET)
MAIN STREET
� P.O.B.
SW COR.
LOT "E"
DATED: 12/11/2023
89'51'27" E 60.00'
'ROACHMEN'
AREA
900 SQ. FT.
0.021 AC.
B9'51'27" W 60.00"
S'LY LINE
LOT "E"
PARCEL 1
EASEMENT NOTES
A10' LANDSCAPE EASEMENT PER P.M.B. 206/60-62
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0' 10 20
1
SCALE 1"=10'
MSA CONSULTING, INC.
> PLANNING > CIVIL ENGINEERING > LAND SURVEYING
34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270
760.320.9811 MSACONSULTINGINC.COM
J.N. 1536 SHEET 1 OF 1
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