HomeMy WebLinkAboutA5926 - RIVERSIDE COUNTY FLOOD CONTROLRecorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501-1770
NO FEE (GOV. CODE 6103)
Palm Canyon Wash, Stage lI
Project No.6-0-00040
DOC # 2010--0065025
02/11/2020 08:00A Fee:NC
Page 1 of S
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111
S
R
U
PAGE
SIZE
DA
MISC
LONG
RFD
COPY
s•
M
A
L
465
426
PCOR
NCOR
SMF
CHG
EXAM `
cc
T
CTY
UNI
The undersigned grantor(s) declare(s)
DOCUMENTARY TRANSFER TAX $ NONE
EASEMENT DEED
TI
RCFC Parcel No. 6040-101
CITY OF PALM SPRINGS, a municipal corporation,
hereby grants to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, an easement for flood control and drainage purposes, including but not limited to the
construction, use, repair, reconstruction, inspection, operation and maintenance of Palm Canyon Wash, and
all appurtenant works, including ingress and egress thereto, over, under and across that certain real property
situated in the City of Palm Springs, County of Riverside, State of California, as described in Exhibit "A"
and shown in Exhibit `B", attached hereto and made a part hereof.
Assessor Parcel Number: portions of 680-020-023, 680-020-034 & 680-020-061
CITY OF PALM SPRINGS,
a municipal corporation:
Date 01 f� Sara By. r..
David H. Ready ager,
ATTESTS:
JAMES THOMPSON, APPROVED BY CR COUNCIL
Clerk to City of Palm Springs •b •� ab
By. IJ
City Cleric (Seal)
RCFC Parcel No. 6040-101
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement deed, dated
LfA�I. 13, o'?D/O from the CITY OF PALM SPRINGS to RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by
the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors
of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by
its duly authorized officer.
Date 2 1711.
i
By: _
WARREN D. WILLIAMS
General Manager -Chief Engineer
Exhibit "B"
BEING A PORTION
OF LOTS 27. 28, AND 29 OF THE PALM VALLEY COLONY LANDS,
AS SHOWN IN
MAP BOOK 14, PAGE 652. RECORDS OF SAN DIEGO COUNTY. WITHIN SECTION
19, TOWNSHIP 4
SOUTH, RANGE 5
EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF PLAM SPRINGS.
COUNTY OF RIVERSIDE, CALIFORNIA.
I f M.B. 14 i 652
SD. CO.
c�
� 2 in
8�-t
PALM VALLEY COLONY LANDS
m 6�
ckj
'z
2/
l 28 i 27' J
1 i I
PARCEL
6040-101
_
N89' 56' 07"W
526. 90'
N00' 02' 43"W
�.�.■
200- 00'
=
0
19 1 20
148.32'
456. 98'
675. 33' 527. 28'
- -
N89'56'07"W 3834.72'
�.■
A�p0-s3..
30 29
H' 7.
1lw
O LAND S
r4�
yfY`4'`
o
LS 6290 m
Exp. 9-30-10
9T CZIS,
Riw CURVE DATA
Q-
R =
T =
L =
1
1 7' 45' 10"
4200. 00'
655- 93'
1 301. 35'
APPROVED BY:
DATE: -� - - - -
RIVERSIDE COUNTY
FLOOD CONTROL AND WATER
CONSERVATION
DISTRICT
1995 MARKET ST. RIVERSIDE. CA. 92501
PROJECT NAME:
PALM CANYON WASH
THIS PLAT IS SOLELY AN AID
IN LOCATING
RCFC PARCEL NUWB£RISl a
SCALE,
PREPARED BYE
THE PARCEL (S) DESCRIBED IN
THE
PARCEL 6040- 101
NO SCALE
RST
DATE+
SHEET NO.
ATTACHED DOCUMENT. IT 15 NOT A PART
I
OF THE WRITTEN DESCRIPTION
THEREIN.
JUNE 2 2009
1 OF I
0
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Memo
To: Jay Thompson
From: Felipe Primera, Engineering Assistant
Ext. 8742
Date: December 21, 2009
Re: Riverside County Flood Control and Water Conservation District
Maintenance Easement Deed for Palm Canyon Wash — Stage 2
I have reviewed the legal and exhibit for the Easement Deed that Riverside County
Flood and Water District is requesting for maintenance of a portion of Palm Canyon
Wash.
All Cindy could find was an Agenda Item and an Approved Minute Order from the
City Council meeting that approved it, but no agreement. Is this sufficient for City
Manager approval? If so, please sign and forward to the City Manager for signature
and return to me when completed. Call me if you have any questions.
Thanks
� o►ss,c- v�aF- nsad '�o qo �o �enr►••-,P
cee afrwAp
# T. 4
O�proW�l b.� � f
680 020-OP
Overlay of RCFCC
nn Aerial of Palm (
PALM SPRINGS
CHU.K'A 034
1 2
4 F;81 lid flU1
0
`M -4
Council Minutes
6-6-84 Page 8
10. LEVEE EXTENSION AGREEMENT - RIVERSIDE COUNTY/CITY OF PALM SPRINGS
Recommendation: That the Council approve an agreement with
the Riverside County Flood Control District for a joint
venture construction of a concrete -lined flood levee at the
Palm Canyon Wash, to protect the Palm Springs Equestrian (123)
Center facility; cost to be based on award of contract by the
County.
Minute Order 3402, approving the agreement as recommended, was
presented; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, that Minute Order 3402 be
adopted.
11. SEWER SERVICE CHARGE
Recommendation: That the Council amend the Comprehensive Fee
Schedule to adjust charges from $6.10 per month to $6.40 per
month for residential uses and similar adjustments for commer-
cial hotels and other uses which represent an overall 5% (114)
increase effective July 1, 1984.
Resolution 15070, adjusting the service charges as
recommended, was presented; after which, it was moved by
Foster, seconded by Birer, and unanimously carried, that
Resolution 15070 be adopted.
12. MUNICIPAL CODE AMENDMENT - FALSE ALARMS
City Clerk read title of Ordinance 1222 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE, AND
REGULATING THE USE OF ALARMS AND ALARM SYSTEMS. (103)
It was moved by 'Poster, seconded by Haryanov, and unanimously
carried, that further reading be waived, and Ordinance 1222 be
adopted.
13. COUNTY ZONE CHANGE CASE 5.0312-E-MISC.
Recommendatian that the Council recommend denial of Change of
Zone No. 4191 for property located adjacent to the Snow Creek
Road, southerly of Highway 111, Section 16, for Wind Energy.
Planning Director highlighted report dated June 6, 1984. (T23)
Resolution 15071, recommending to the Board of Supervisors
denial of change of zone as recommended, was presented; after
which, it was moved by Foster, seconded by Birer, and
unanimously carried, that Resolution 15071 be adopted.
14. COUNTY ZONING CASE 5.0312-0-HISC
Recommendation: That the Council recommend denial of the
Change of zone from Control Development W-2 to wind Energy W-F
and heavy manufacturing HM for property located on I-10
between Indian Avenue and Palm Drive. (123)
Planning Director stated that this comprises approximately 160
acres surrounding I-10 and is within the Sphere of Influence
which will be addressed during preparation of the Coachella
Land Use Plan.
Resolution 15072, recommending denial as recommended, was pre-
sented; after which, it was moved by Foster, seconded. by
Maryanov, and unanimously carried, that Resolution 15072 be
adopted.
1
2
3
4
5
�s
8
9
10
11
12
'13
14
.3.5
16
17
18
•19
20
21
22
23
24
25
26
27
28
0
AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, hereinafter. referred to as "DISTRICT", and the CITY OF
PALM SPRINGS, hereinafter referred to as "CITY", hereby agree as
follows:
RECITALS
DISTRICT is preparing plans and specifications for a project
along Palm Canyon Wash.for the removal of debris and improvement
of its existing northerly levee upstream from Station 163 + 50 to
State Highway 111 hereinafter. referred to as "PROJECT", as shown
in brown on Exhibit "A" attached hereto.
CITY desires DISTRICT to extend *PROJECT downstream within
CITY rights of way approximately 1000 feet between Stations
163+50 and.17.4+00, hereinafter referred to as "EXTENSION", in
order to provide flood protection for CITY'S Equestrian Center
located northerly of the levee.
DISTRICT is willing to include EXTENSION as a park of PROJECT
providing CITY relocates or causes to be relocated any conflict-
ing utilities, conveys sufficient rights of way and pays DISTRICT
for all costs associated with said.EXTENSION.
Since it is in the best interests of the public to proceed
with the construction of PROJECT;
It is therefore mutually agreed as follows:
SECTION I
DISTRICT shall:'
1. Construct for CITY the EXTENSION at no cost to DISTRICT.
2. Cause PROJECT and EXTENSION to be constructed pursuant to
a public works contract administered and inspected by DISTRICT.
1 3. Reserve the right in its contract, and agree to shorten
2 EXTENSION if requested by CITY if sufficient funding is not
3 available from CITY.
4 #. Upon acceptance of PROJECT and EXTENSION as being com-
b plete, accept responsibility for the operation and maintenance of
6 PROJECT and EXTENSION providing CITY conveys-to.DISTRICT the
7 necessary rights of way pursuant to this agreement.
g SECTION II
9 CITY shall:
10 1+ Grant DISTRICT the right to construct PROJECT and EXTEH-
11 SION within existing CITY owned rights of way.
12 2. Relocate at its own expense -all CITY owned utilities and
.13 order relocation, at no cost or expense to DISTRICT, of all
14 utilities installed by permit, franchise, or otherwise which con-
15 flict with construction operation or maintenance of EXTENSION
16 within CITY owned rights of way.
17 3. Provide at its own expense potholing of all CITY owned
18 Utilities and provide for potholing of all other utilities at no
19 cost or expense to DISTRICT.
20 4. Pay DISTRICT the contract price for the work being done
21 for CITY pursuant to this agreement including any increase in
22 contract work covered by CITY approved change order to the
23 contract. T
24 5. Pay DISTRICT an amount equal to 4% of the contract price
25 for the work being done for CITY to reimburse DISTRICT its e.sti-
26 mated cost to administer the contract, including the cost of
27 providing construction surveys and inspection.
28 b. upon potice„bar DISTRICT: of .PRQ�C d EXTENSION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
19
20
21
22
23
24
25
2fi
27
.. 2911
complete, convey to DISTRICT, in a form approved by DISTRICT,
rights of way shown in blue (from approximately Station 1'63 + 50
to approximately Station 182 + 00 f) on Exhibit "All attached
hereto.
SECTION III
It is further mutually agreed:
1. CITY shall have an opportunity to review and approve the
plans and specifications for EXTENSION prior to DISTRICT adver
tiling for bids.
2. CITY personnel may observe and inspect all work being
done on EXTENSION but shall provide any comments to DISTRICT per-
sonnel who shall be responsible for all communications with the
lcontractor.
3. CITY payment to DISTRICT shall be based upon the contract
unit prices bid and the actual quantities of materials removed
and/or installed within CITY rights of way as shown on the ap-
proved plans. DISTRICT shall bill CITY upon award. of contract
for ninety percent (90%) of the estimated share of CITY costs and
CITY shall pay DISTRICT within thirty.{30) days of said billing.
4 DISTRICT shall provide an accounting and final billing
for all costs to CITY based on actual contract costs within sixty
(60) days after completion of the EXTENSION.
5. CITY shall pay DISTRICT the balance of all respective
CITY costs within thirty.(30) days of the final billing.
6. The CITY shall indemnify and hold DISTRICT and the County
)f Riverside and their respective officers, agents and employees
free and harmless from any claims whatsoever based or asserted,
>ursuant to Article 1, Section 19 of the California Constitution,
1
2
3
4
5
0
7
14
9
10
11
12
131
141
18
19
20
21
22
23
24
25
26
27
28
f
the Fifth Amendment of the United States Constitution, or any
other law or ordinance which seeks to impose any other liability
,or damage whatsoever for the construction or failure of
EXTENSION.
Further, the CITY shall, indemnify and hold DISTRICT and the
County of Riverside, and their respective.o-ffieers, agents and
employees harmless from any prope-rty damage or any other element
of damage of any kind or nature arising pursuant to Article 1,
Section 19 of the California Constitution, the Fifth Amendment of
the United States Constitution, or any law or ordinance as a
resu.Xt of the plans, specifications, planning or implementation
Of EXTENSION.
Further, CITY shall. defend -at its own expense., including at—
torneys' fees, DISTRICT and the County of Riverside, and their
respective officers, agents and employees, in any -claim or legal
action based or asserted upon or pursuant to Article 1, Section
19 of the California Constitution, the Fifth Amendment of the
United States Constitution, or any other law. or ordinance 'as a
result of the approval of any plans or specifications regarding
the construction, operation, maintenance or failure of EXTENSION.
7. CITY shall indemnify and hold DISTRICT and the -County of
Riverside and their respective officers, agents snd employees
free and harmless from any liability whatsoever based or asserted
upon any act or omission of DISTRICTor the County of Riverside,
and their respective officers, agents and employees for any prop-
erty damage or any other type of element of damage of any kind or
nature relating to or arising from DISTRICT'S approval, of any
Q
1 plans or specifications regarding the construction, operation,
2 maintenance or failure of EXTENSION.
3 Further•, CITY shall defend, at its own.expense, including
4 reasonable attorneyws fees, DISTRICT and the County of Riverside,
5 their respective officers, agents and employees from any claims.
•6 or legal action based or asserted upon any such acts or omissions
7 or 'may be based or asserted on the construction, operation and
g maintenance or failure of EXTENSION.
9 8. Any notice to be given or to be served by.any party upon
10 any other party shall be addressed to the respective parties as
11 set forth below:
12 CITY OF PALM SPRINGS RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
• . 13
14 City Manager Attn:- Kenneth L. Edwards
Post Office Box 17.86 Chief Engineer
15 Palm Springs, CA 92263--178-6 Post 0ffice Box 1033
Riverside, CA 92502-1033
16
17 or to such other address as from time to time shall be designated
18 by the respective parties.
19 9. This agreement shall not be changed or modified except by
20 written consent of all parties.
•21 10. This agreement is the result of negotiations between the
22 parties hereto and the advice and assistance of their respective-
23
24'
25
26
27
28
counsel. The fact that this -agreement was prepared as a matter
of convenience by DISTRICT, shall have no import or sig--
nificance.Any uncertainty or ambiguity in this agreement shall
not be construed against DISTRICT or COUNTY OF RIVERSIDE because
DISTRICT prepared this agreement in its final form.
1
2
3
4
5
6.
7'
8
9
10
11
12
.13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. This agreement is intended by the parties as their final
expression with respect to the matters herein -and is a complete
11 exclusive statement of the terms and conditions thereof.
Dated: -
ATTEST:
GERALD A. MALONEY, Clerk
A111A I A
Ay
uty
(Seal) De
Approved as to form:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
ay
Chairman, Board of Supervisors
Gerald J. Geerlings
Ex-Officio Counsel of the RIVERSIDE COUNTY.
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
By
Deputy
A -�B
City Clerk
(Seal.)
Approved as to form:
CITY OF PALM SPRINGS
Willia Adams, City At orney
r
r do-
By '
-6-
CITY OF PALM SPRINGS
By
City Manager
"^" -VFD BY THE CITY COUNCIL
� ed
I � Ew !
o10
a
17
YrA 444 +[
iji�i# k w !E INL ,1
ry
`w P`♦ r � b rr R5 1
Or O N C
1i �,
mP,e_4 c
r0 0 = �. .. .1... ..
� b y
4 V, V1 V, -1 V N - v N N 2 4
6, n -i n r '2 li x m m ,n O
m M r' 'I I, N 0 N -I m en •y y4 `}`l['
O d�, am r tr 1' = 7 05
.J M
rn r r .r a r or k F.
J' T
O fit- L , • _ � a .
r, ✓ >• o n v m A, 1
ti I•
�rrt gyp._-
(� D
xr.%.
mto
��i ,o0ss
1
1
In
R s %mom ♦. � en 'fir I h,
► m
'rm n
-I a 11 A
o m� �r
o C f 4 h
5mrna it' { ,>
C, `
rQivDi
rn C e. ~ N 4 5
m Nm A= m m t
►,
�m YI
r. 1,"-'I
o^rsT71F31"Iola.
2 , - I-
Y it11 r wpISw71 i49L
'�
z:l
i I Iy)♦y;pN3DS
,_^ PI O
hill . ss797r N1979 ._
I
al
4 F4r _
G91 r15
!
nll
Fd a
00 rSTA
I.6
[C r7oti 5rq rl5 t pp 1 1 ,
l 4 !, 1
t40
a r, fe„ 40
o+
r1.1Q"r
n
X
Pt
t
m o R Z A rn z
)
STA. I Tq +
5
t
�1
x
5a =
{
f 9 ct
ny
3t
If
�I V
Z m
► .P
s
L
EVEE,TOE [XTFN=ION
5TA�6l+¢p EtjD E,'
47_EVE LIN IMO.
t2` rrr
r
...
..
..
. ...I
i � 1
' ta
�0€GIW f1 PROP05�LTjIEwEE F:+iT ;
I STA! 16s f SG.
j I
rl
a.
i � r
If.
I ' m
I I
fND PROM -.fry LT LE E f�lt#:N IGN{- .
Ill oil f.01�� I
ri
a
-
it I I
1 . c
r
I i0
END SC DIM[NT REMOVAL I °i
'STA 4 irep 56
r'SI
m Y J ml m 1
I
..l �I G •1 r �' rl .. ' Ii
I
b
I�
s�
I : 1
t
€n
' j i