HomeMy WebLinkAboutA6974 - GRANITE CONSTRUCTION COMPANYDate:
To:
From:
Subject:
Owner:
APN:
DOKK.EN
ENGINEERING
Transmittal Memorandum
April 21, 2017
Savat Khamphou
y1%'1=CUVEM
Yti l 'm
BY:
Assistant Director of Public Works/Assistant City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Jamie Formico
Dokken Engineering
Indian Canyon Drive Widening and Bridge Replacement @ UPRR
Granite Construction
.. M11011I1
Attached herewith are the following documents. Please execute and return all
documents to Dokken.
X (2) Signed copies of the Right of Way Agreement
X (2) Signed copies of the Temporary Construction Easement Agreement
X (1) Signed copy of the Right of Way Easement (Requires Certificate of Acceptance)
X_ (1) Signed copy of the Slope Easement (Requires Certificate of Acceptance)
X_ (1) Signed copy of the Temporary Construction Easement (Requires Certificate of
Acceptance)
X (2) Signed copy of the Permit to Enter and Construct
110 Blue Ravine Road, Suite 200, Folsom CA 95630
Phone: (916) 858-0642 9 Fax: (916) 858-0643
CONTRACT ABSTRACT
2 Original: Right -of -Way Agreement for Acquisition of Real Property Interest & Escrow
Instructions and Temporary Construction Easement Agreement
Contract
Company Name: Granite Construction Company
Company Contact: Brad Williams
Summary of Services: APN 669-100-001, CP#01-11, Indian Canyon Drive
Widening & Bridge Replacement
Contract Price: $23,258.00 — Right -of -Way Agreement
$44,960.40 — Temporary Easement Agreement
Funding Source: 261-4491-50196; 134-4497-50196;
134-4498-50196
Contract Term: 5 years
Contract Administration
Lead Department: Engineering Services
Contract Administrator: Marcus Fuller/ Savat Khamphou
Contract Approvals
City Council Approval: May 3, 2017
Resolution Number: N/A
Agreement Number: A6974; A6975'11
Contract Compliance - Q
Exhibits: Attached c a
Signatures: Attached `r7
Insurance: n/a �r,y o a
Bonds: n/a
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C
Submitted on: 05/24/17 By: Vonda Teed .
Project: Indian Cyn. Drive Widening and Bridge Replacement @ UPRR
Project No.: Federal Project No. BRLO 5282 (017), City Project No. 01-11
APN: 669-100-001
RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTEREST AND ESCROW INSTRUCTIONS
THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL
PROPERTY INTEREST AND ESCROW INSTRUCTIONS ("Agreement"), dated and
entered into for solely for reference purposes as of April 17 , 2017 , by and
between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation ("Buyer") and Granite Construction Company, a California Corporation
("Seller"), with reference to the following facts:
RECITALS
A. Seller is the owner of certain real property comprised of approximately
twenty-three thousand two hundred twenty-eight (23,228) square feet, located in the
City of Palm Springs (the "City"), the County of Riverside (the "County"), State of
California (the "State"), which is a portion of Assessor's Parcel No. 669-100-001, more
particularly described on Exhibit A-1 and A-2 and shown on Exhibit B-1 and B-2
attached hereto (the "Easement Area").
B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller
an easement to the Easement Area, in accordance with the terms and conditions
contained in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained in this Agreement, and other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller
(hereinafter collectively referred to as the "parties", or individually as a "party') hereby
agree as follows:
AGREEMENT
PURCHASE AND SALE.
1.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth
herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to
acquire and purchase from Seller, an easement and right-of-way for streets, highways,
sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare
the same for public use, and an easement and right-of-way for earth embankment
slopes, together with the right to construct and maintain such slopes and embankments
and facilities incidental thereto, over, under, along and across all that real property in the
Easement Area as such area, scope and use is more particularly described in the Grant
of Right of Way and Grant of Slope Easement attached hereto as Exhibit C-1 and C-2
the "Easement"), which Exhibits A-1 and A-2 and B-1 and B-2 attached hereto that
define the Easement Area shall be made a part of.
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1.2. Purchase Price. The purchase price ("Purchase Price") for the
Easement, Slope Easement, and Site Improvements shall be Twenty Three Thousand
Two Hundred Fifty -Eight Dollars and No Cents ($23,258) payable in cash at the
Close of Escrow as defined and provided for herein.
1.3. Construction Contract Work.
As part of the construction of the Indian Canyon Drive Widening and Bridge
Replacement @ UPRR (Project No.: Federal Project No. BRLO 5282 (017), City
Project No. 01-11) (the "Project"), the City will remove or caused to be removed, the
following improvements located within the Easement Area: two steel posts, 240 $F of
North Block Wall, 320 SF of South Block Wall, and 760 SF of gravel driveway, and
replace the two steel post in kind 240 SF of North Block Wall and 320 SF of South
Block Wall to be replaced with Seller and Buyer approved design and materials. 760
SF of gravel driveway to be replaced with concrete pavement. Additionally, as part of
the Project construction, landscaping will be removed and replaced with Project
approved landscaping.
1.4. Maintenance and Repair.
Following completion of the improvements identified in 1.3, Seller, on behalf of
itself and its successors and assignees in interest, agree to maintain and repair such
improvements as outlined in section 1.3 of this Agreement. All improvements as
outlined in section 1.3 will be on the Sellers remaining property outside of the Easement
Area.
2. ESCROW AND CLOSING.
2.1. Opening of Escrow. Within fourteen (14) business days after execution of
this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the
"Escrow") with Lawyers Title & Escrow, at the address set forth in Section 7.12
("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or
executed counterparts hereof. The date this fully executed Agreement is signed and
accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of
Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The
escrow instructions shall incorporate this Agreement as part thereof and shall contain
such other standard and usual provisions as may be required by Escrow Holder,
provided, however, that no escrow instructions shall modify or amend any provision of
this Agreement, unless such escrow instruction is expressly identified and set forth in
writing by mutual consent of Buyer and Seller. In the event there is an inconsistency
or conflict between any such standard or usual provisions and the provisions of this
Agreement, the provisions of this Agreement shall control.
2.2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to
pay all of Seller's and Buyer's usual fees, charges and costs in connection with and
incidental to the conveyance of the Easement and Close of Escrow that may arise in this
Escrow, including, but not limited to, any costs for the Standard Coverage Policy
(defined below) or if elected, an ALTA Extended Coverage Owner's Policy.
2.3. _Closing Date; Conditions Precedent to Close of Escrow. Provided all of
the conditions set forth in this Section 2.3 have been satisfied (or are in a position to be
satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or
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before July 1, 2017, (the "Closing Date"), unless extended by mutual agreement. As
used in this Agreement, the "Close of Escrow" shall mean the date a Grant Right of
Way and Slope Easement, as provided in Section 2.4.2(a) hereof ("Right of Way and
Slope Easement"), is recorded in the Official Records of the County.
2.3.1 Conditions of Buyer for Close of Escrow. The Close of Escrow
and Buyer's obligation to purchase the Easement are subject to the satisfaction of
the following conditions or Buyer's written waiver of such conditions, on or before
the Closing Date. Buyer may waive in writing any or all of such conditions in its
sole and absolute discretion.
(a) The Purchase Price shall have been adjusted
in accordance with this Agreement and a closing statement duly executed by Seller
setting forth the Purchase Price and any adjustments thereto;
(b) Seller shall have performed all obligations to
be performed by Seller pursuant to this Agreement;
(c) No event or circumstance shall have occurred,
which, in the sole opinion of Buyer, would make any of Seller's representations,
warranties and covenants set forth herein untrue as of the Close of Escrow,
including, but not limited to, those warranties and representations of Seller set forth
in Sections 3.4 and 4.1 of this Agreement;
(d) There shall have occurred no material adverse change
in the physical condition of the Easement Area (such as those caused by
natural disasters), which, in the sole opinion of Buyer, would render the Easement
Area unsuitable for Buyer's intended use, materially increase the cost, or cause
a material delay in the schedule for the development of the Easement Area;
(e) The Title Company shall be committed to issue to
Buyer, as of the Closing Date, the Title Policy (defined below) covering the
Easement Area, subject only to the Permitted Exceptions.
(f) Seller shall have executed and submitted to Escrow
Holder the Affidavit of Non -Foreign Status By Transferor (Exhibit D)
(g) Seller shall have caused any lien or charge of any
deed of trust that encumbers the Easement Area to be subordinated to the
rights of Buyer under the terms of the Easement.
2.3.2 Conditions of Seller for Close of Escrow. The Close of Escrow
and Seller's obligation to sell and convey the Easement are subject to the
satisfaction of the following conditions or Seller's written waiver of such
conditions on or before the Closing Date. Seller may waive in writing any or all of
such conditions as a condition to the Close of Escrow in its sole and absolute
discretion.
(a) The Purchase Price shall have been adjusted in
accordance with this Agreement and a closing statement duly executed by Buyer
setting forth the Purchase Price and any adjustments thereto;
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(b) Buyer shall have performed all obligations to be
performed by Buyer pursuant to this Agreement;
(c) No event or circumstance shall have occurred which
would make any of Buyer's representations, warranties, and covenants set forth
herein untrue as of the. Close of Escrow including, but not limited to, those
warranties and representations of Buyer set forth in Section 4.2 of this Agreement.
2.3.3 Waiver of a Condition Excuses Performance. If any condition precedent to
the Close of Escrow is expressly waived, in writing, as a condition to the Close of
Escrow by the party for whose benefit such condition exists, such waiver shall excuse
performance by the party whose performance is required to satisfy such condition.
2.4. Closing Documents. The respective parties shall deposit the following with
Escrow Holder prior to the Close of Escrow:
2.4.1 Buyer's Deposits. Buyer shall deposit:
(a) The Purchase Price together with Buyer's escrow and other cash
charges; and
(b) A Certificate of Acceptance for the Right of Way and Slope Easement
executed by the City Clerk of the City of Palm Springs (See, Exhibit C-1 and CC=2).
2.4.2 Seller's Deposits. Seller shall -deposit:
(a) The Right of Way and Slope Easement in the form of Exhibit C-1 and C-
2 attached hereto, appropriately executed to convey the. Easement subject only to the
Permitted Exceptions (defined below);
(b) Subject to Section 2.5.1 below, an executed Affidavit of Non -foreign Status in
the form of Exhibit D attached hereto and such other documentation necessary to
exempt Seller from the withholding requirements of Section 1445 of the Internal
Revenue Code of 1986, as amended, and the regulations
thereunder; and
(c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form
593 as contemplated by California Revenue and Taxation Code §18662 (the
"Withholding Affidavit") duly executed by Seller.
2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit
such other instruments as are reasonably required by Escrow Holder or otherwise
required to proceed to the Close of Escrow and consummate the grant of the Easement
in accordance with the terms of this Agreement.
2.5. Closing.
2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller
fails to deposit with Escrow Holder the executed Affidavit of Non -foreign Taxpayer
Status which exempts Seller from the withholding requirements of Section 1445 of the
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Internal Revenue Code of 1986, as amended, and the regulations thereunder,
Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase
Price less any applicable closing costs and to report and transmit the withheld amount to
the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c)
above, Seller fails to deposit with Escrow Holder any applicable tax document which
exempts Buyer from California withholding requirements, if any, Seller hereby authorizes
Escrow Holder to withhold such additional percentage of the Purchase Price of the
Easement as is required by California law, and Escrow Holder shall report and
transmit the withheld amount in the manner required by California law. By agreeing to
act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be
responsible for all withholding obligations imposed pursuant to Section 1445 of the
Internal Revenue Code of 1986, as amended, and the regulations thereunder and under
any similar provisions of California law, and shall defend, indemnify and hold Buyer
harmless in connection with such obligations.
2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow
Holder shall in the following order: (i) record the Grant of Right of Way and Slope
Easement and Certificate of Acceptance in the Office of the County Recorder of the
County; (ii) pay any transfer taxes; (iii) instruct the County Recorder to return the
Grant of Right of Way and Slope Easement to Buyer; (iv) distribute to Seller the
Purchase Price; and (v) deliver to Buyer the Title Policy covering the Easement Area
subject only to the Permitted Exceptions, the Affidavit of Non -foreign Status, and the
applicable California withholding exemption form, if any.
2.5.3 Real Estate Taxes. Real estate taxes for the year of closing and annual
municipal or special district assessments (on the basis of the actual fiscal tax years for
which such taxes are assessed) will be apportioned as of the Close of Escrow. If the
real estate tax bill for the real estate tax year in which the closing occurs has not been
issued on or before the day prior to the Close of Escrow, the apportionment of real
estate taxes will be computed based upon the most recent tax bill available, and then
reconciled after the Close of Escrow based on the actual taxes due. If, on the day prior
to the Close of Escrow, bills for the real estate taxes imposed for the real estate tax year
in which Closing occurs have been issued but have not been paid, such taxes shall be
paid prorated through the Close of Escrow. Seller may seek reimbursement from the
Riverside County Tax Assessor's office for any property taxes that have been assessed
for a period after the Close of Escrow as Buyer is a public agency exempt from payment
of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary
information to the Assessor's office in connection with such request for refund.
2.6. Failure to Close; Termination.
2.6.1 Neither Party in Default. In the event that any condition set forth in
Section 2.3 (and its subdivisions) is not satisfied or waived, in writing, and the
Close of Escrow does not occur within the time required herein due to the failure of such
condition or the Close of Escrow does not occur within the time frame required
herein for any reason other than Seller's or Buyer's breach of or default of its respective
obligations hereunder, or if this Agreement is terminated without default by either
party as otherwise set forth herein, then Escrow Holder, with no further instructions
from the parties hereto, shall return to the depositor thereof any funds, or other materials
previously delivered to Escrow Holder, the Escrow shall be automatically terminated and
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of no force and effect, Buyer shall pay any Escrow termination fees, and except as
otherwise provided herein the parties will have no further obligation to one another.
3. ACTIONS PENDING CLOSING.
3.1. Title Review.
3.1.1 Title Report. Within three (3) business days after the Opening of Escrow,
Lawyers Title & Escrow (the "Title Company") will furnish Buyer and Seller with an
updated Title Commitment on the Easement Area together with legible copies of all
underlying documents referenced therein and a plot plan for the Easement Area
showing all the locations of all easements referenced therein (collectively, the "Title
Commitment").
3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt
of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary
Title Notice") of Buyer's approval, conditional approval, or disapproval of the title
exceptions and other matters disclosed in the Title Commitment. All title exceptions not
timely approved by Buyer will be deemed disapproved. All such exceptions and other
matters disapproved by Buyer are referred to herein as "Disapproved Exceptions". It
shall be the sole responsibility of Buyer to work with the Title Company to remove any
Disapproved Exceptions, and if unsuccessful shall either purchase the Easement
subject to the Disapproved Exceptions or terminate the Agreement.
3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions
appearing on the Title Commitment which are: (i) standard printed exceptions in the
Title Policy issued by Title Company; (ii) general and special real property taxes
and assessments, a lien not yet due and payable; and (iii) any other liens,
easements, encumbrances, covenants, conditions and restrictions of record approved,
or expressly waived by Buyer pursuant to this Section 3.1.
3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be
conditioned upon the commitment by Title Company to issue an ALTA Standard
Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"),
showing title to the Easement Area vested in Buyer with liability equal to the Purchase
Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an
ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy
provided that Buyer pays any additional premium on account thereof. The form of title
policy selected by Buyer shall be referred to herein as the "Title Policy".
3.3. Possession and Use. It is mutually understood and agreed by and
between the parties hereto that the right of possession and use of the Easement Area
and Easement by the Buyer, including the right to remove and dispose of
improvements, shall commence upon the Close of Escrow. The Purchase Price
includes, but is not limited to, full payment for such improvements and possession and
use of the Easement Area upon the Close of Escrow.
3.4. Seller's Covenant Not to Further Encumber the Easement Area. Seller
shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell,
transfer or convey its interest or any portion of its interest in the Easement Area, or any
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portion thereof, or enter into any agreement to do so, so long as this Agreement is in
force. Seller shall timely discharge, prior to the Closing, any and all obligations relating
to work performed on or conducted at or materials delivered to or for the Easement
Area from time to time by Seller, or at Seller's direction or on its behalf, in order to
prevent the filing of any claim or mechanic's lien with respect to such work or materials.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS.
4.1. Seller's Representations, Warranties and Covenants. In addition to the
representations, warranties, and covenants of Seller contained in other sections of this
Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of
which shall survive the Close of Escrow:
4.1.1 Seller's Authority . Seller has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactions
contemplated by, this Agreement, and that this Agreement has been duly authorized
and executed by Seller, and upon delivery to and execution by Buyer, shall be a
valid and binding agreement of Seller.
4.1.2 Leases. There are no leases, rental agreements, or other such
contracts of any kind or nature affecting possession or occupancy of the Easement
Area, and Seller shall not enter into any such contracts affecting possession or
occupancy of the Easement Area during the terms of this Agreement without the prior
consent of Buyer.
4.1.3 No Liens and Subordination. Seller warrants that at the time
of the Close of Escrow, Seller shall have caused any mechanics', laborers',
materialmen's or service liens and charge of any deed of trust that encumbers the
Easement Area to be subordinated to the rights of Buyer under the terms of the
Easement.
4.1.4 No Untrue Statements or Omissions of Fact. Each of the
representations and warranties made by Seller in this Agreement, or in any exhibit, or
on any document or instrument delivered pursuant hereto shall be continuing
representations and warranties which shall be true and correct in all material respects
on the date hereof, and shall be deemed to be made again as of the Close of Escrow
and shall then be true and correct in all material respects. The truth and accuracy of
each of the representations and warranties, and the performance of all covenants of
Seller contained in this Agreement, are conditions precedent to the Close of Escrow.
Seller shall immediately notify Buyer of any fact or circumstance which becomes known
to Seller which Would make any of the representations or warranties in this Agreement
untrue.
4.2. Buyer's Representations and Warranties. Buyer represents and
warrants to Seller as follows, all of which shall survive the Close of Escrow:
4.2.1 Buyer's Authority. Buyer has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactions
contemplated by, this Agreement, and that this Agreement has been duly authorized
and executed by Buyer and, upon delivery to and execution by Seller, shall be a
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valid and binding Agreement of Buyer.
4.2.2 No Untrue Statements or Omissions of Fact. Each of the
representations and warranties made by Buyer in this Agreement, or in any exhibit or on
any document or instrument delivered pursuant hereto, shall be continuing
representations and warranties which shall be true and correct in all material
respects on the date hereof, and shall be deemed to be made again as of the Close
of Escrow, and shall then be true and correct in all material respects. The truth and
accuracy of each of the representations and warranties, and the performance of all
covenants of Buyer contained in this Agreement, are conditions precedent to the Close
of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which
are contrary to the representations and warranties contained in this Agreement.
4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify, and hold free
and harmless the other from and against any losses, damages, costs and expenses
(including attorneys' fees) resulting from any inaccuracy in or breach of any
representation or warranty of the indemnifying party or any breach or default by such
indemnifying party under any of such indemnifying party's covenants or agreements
contained in this Agreement and Buyer further agrees to indemnify and hold harmless
Seller from any liability arising out of Buyer's operations under this Agreement and
agrees to assume responsibility for any damages proximately caused by reason of
Buyer's operations under this Agreement and Buyer will, at its option, either repair or
pay for such damage.
5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is
a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents
to the dismissal or abandonment of any eminent domain action in the Superior Court of
the State of California in and for the City of Palm Springs, wherein the herein described
Easement Area or Easement is included, in whole or in part, and also waives any and
all claims to any money on deposit in the action and further waives all attorneys' fees,
costs, disbursements, and expenses incurred in connection therewith. If, prior to the
close of the execution of this transaction, Seller (or Seller's tenant) is served with a
Summons and Complaint in Eminent Domain in which Seller (or Seller's tenant) is a
named defendant, upon the Close of Escrow, Seller agrees and consents to Buyer
taking a default in the action. Moreover, the total compensation to be paid by Buyer to
Seller is for all of Seller's interest in the Easement Area or as described and set forth in
the Easement and any rights which exist or may arise out of the acquisition of the
Easement for public purposes, including without limitation, Seller's interest in the land
and any improvements to the land, severance damages, any alleged pre -condemnation
damages, loss of business goodwill (if any), costs, interest, and any claim whatsoever of
Seller which might arise out of or relate in any respect to the acquisition of the
Easement Area or Easement by the Buyer. The compensation paid under this
Agreement does not reflect any consideration of or allowance for any relocation
assistance and payments or other benefits which Seller may be entitled to receive, if
any. Relocation assistance, if any, will be handled via separate Agreement.
6. BROKERS. Seller and Buyer each represents and warrants to the other
that they have not dealt with or been represented by any brokers or finders in
connection with the purchase and sale of the Easement and that no commissions or
finder's fees are payable in connection with this transaction. Buyer and Seller each
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agree to indemnify and hold harmless the other against any loss, liability, damage, cost,
claim or expense (including reasonable attorneys' fees) incurred by reason of breach of
the foregoing representation by the indemnifying party. Notwithstanding anything to the
contrary contained herein, the representations, warranties, indemnities and agreements
contained in this Section 6 shall survive the Close of Escrow or earlier termination of
this Agreement.
7. GENERAL PROVISIONS.
7.1. Counterparts; Facsimile Signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which, taken together,
shall constitute one and the same instrument and any executed counterpart may be
delivered by facsimile transmission with the same effect as if an originally executed
counterpart had been delivered.
7.2. Further Assurances. Each of the parties agree to execute and deliver such
other instruments and perform such acts, in addition to the matters herein specified, as
may be appropriate or necessary to effectuate the agreements of the parties, whether
the same occurs before or after the Close of Escrow.
7.3. Entire Agreement. This Agreement, together with all exhibits hereto and
documents referred to herein, if any, constitute the entire agreement among the parties
hereto with respect to the subject matter hereof, and supersede all prior understandings
or agreements. This Agreement may be modified only by a writing signed by both
parties. All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement whether or not actually attached.
7.4. Headings. Headings used in this Agreement are for convenience of
reference only and are not intended to govern, limit, or aide in the construction of any
term or provision hereof.
7.5. Choice of Law. This Agreement and each and every related document are
to be governed by, and construed in accordance with, the laws of the State of California.
7.6. Severability. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance, shall.to any extent
be held by a court of competent jurisdiction or rendered by the adoption of a statute by
the State of California or the United States invalid, void or unenforceable, the remainder
of the terms, covenants, conditions or provisions of this Agreement, or the application
thereof to any person or circumstance, shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby; provided that the invalidity or
unenforceability of such provision does not materially adversely affect the benefits
accruing to, or the obligations imposed upon, any party hereunder, and the parties
agree to substitute for the invalid or unenforceable provision a valid and enforceable
provision that most closely approximates the intent and economic effect of the invalid or
unenforceable provision.
7.7. Waiver of Covenants, Conditions or Remedies. The waiver by one party of
the performance of any covenant, condition or promise, or of the time for performing any
act, under this Agreement shall not invalidate this Agreement nor shall it be considered
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a waiver by such party of any other covenant, condition or promise, or of the time for
performing any other act required, under this Agreement. The exercise of any remedy
provided in this Agreement shall not be a waiver of any other remedy provided by law,
and the provisions of this Agreement for any remedy shall not exclude any other
remedies unless they are expressly excluded.
7.8. Legal Advice and Construction. Each party has received independent
legal advice from its attorneys with respect to the advisability of executing this
Agreement and the meaning of the provisions hereof. The provisions of this Agreement
shall be construed as to the fair meaning and not for or against any party based upon
any attribution of such party as the sole source of the language in question. There shall
be no presumption in the interpretation of this Agreement that any ambiguity is to be
resolved against any party hereto. The parties waive expressly each and all provisions
of California Civil Code Section 1654, which provides: "IN CASES OF UNCERTAINTY
NOT REMOVED BY THE PRECEDING RULES, THE LANGUAGE OF A CONTRACT -
SHOULD BE INTERPRETED MOST STRONGLY AGAINST THE PARTY WHO
CAUSED THE UNCERTAINTY TO EXIST."
7.9. Relationship of Parties. The parties agree that their relationship is that of
Seller and Buyer, and that nothing contained herein shall constitute either party, the
agent or legal representative of the other for any purpose whatsoever, nor shall this
Agreement be deemed to create any form of business organization between the parties
hereto, nor is either party granted the right or authority to assume or create any
obligation or responsibility on behalf of the other party, nor shall either party be in any
way liable for any debt of the other.
7.10. Attorneys' Fees. In the event that any party hereto institutes an action or
proceeding for a declaration of the rights of the parties under this Agreement, for
injunctive relief, for an alleged breach or default of, or any other action arising out of,
this Agreement, or the transactions contemplated hereby, or in the event any party is in
default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to
final judgment, the non -defaulting party or prevailing party shall be entitled to its
reasonable attorneys' fees and to any court costs incurred, in addition to any other
damages or relief awarded.
7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its
obligations hereunder without the prior written consent of the other, which consent shall
not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the successors and permitted assigns
of the parties to this Agreement.
7.12. Notices. No notice, request, demand, instruction, or other document to be
given hereunder to any Party shall be effective for any purpose unless personally
delivered to the person at the appropriate address set forth below (in which event such
notice shall be deemed effective only upon such delivery), delivered by air courier next -
day delivery (e.g. Federal Express), delivered by mail or sent by registered or certified
mail, return receipt requested, or sent via facsimile, as follows:
10
1116419.1
If to Buyer, to: City Manager & City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 323-8204
Telephone No.: (760) 323-8332
With a copy to: City Attorney
c/o Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Facsimile No.: (714) 835-7787
Telephone No.: (714) 558-7000
If to Seller, to: Mr. Brad Williams
Granite Construction Company
38000 Monroe St
Indio, CA 92203
With a copy to: Granite Construction Company
PO Box 50085
Watsonville, CA 95077
Attn: General Counsel
If to Escrow Holder, to: Kimberly Rogers
Lawyers Title & Escrow
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (866) 350-3317
Telephone No.: (760) 327-6523
Notices delivered by air courier shall be deemed to have been given the next business
day after deposit with the courier and notices mailed shall be deemed to have been
given on the second business day following deposit of same in any United States Post
Office mailbox in the state to which the notice is addressed or on the third business day
following deposit in any such post office box other than in the state to which the notice is
addressed, postage prepaid, addressed as set forth above. Notices sent via facsimile
shall be deemed delivered the same business day transmitted if done so before 4:00
p.m., otherwise delivery shall be considered to be on the next business day. The
addresses, addressees, and facsimile numbers for the purpose of this Paragraph, may
be changed by giving written notice of such change in the manner herein provided for
giving notice. Unless and until such written notice of change is received, the last
address, addressee, and telecopy number stated by written notice, or provided herein if
no such written notice of change has been received, shall be deemed to continue in
effect for all purposes hereunder.
11
1116419.1
7.13. Survivability. All covenants of Buyer or Seller which are intended
hereunder to be performed in whole or in part after Close of Escrow and all
representations, warranties, and indemnities by either Party to the other, shall survive
Close of Escrow and delivery of the Right of Way and Slope Easement, and be binding
upon and inure to the benefit of the respective Parties.
7.14. Release. The total compensation to be paid by Buyer for the Easement is
the Purchase Price, which consideration covers any and all land and improvements,
attached or detached furniture, fixtures and equipment, loss of business goodwill, and is
the. full and complete acquisition cost of the Easement. Buyer shall have no obligation
to Seller under the California Relocation Assistance and Real Property Acquisition
statutes and guidelines. Except for any breach of terms or conditions contained in this
Agreement, Seller waives and forever releases Buyer, including its successors, officers,
employees, attorneys, agents, representatives and anyone else acting on Buyer's
behalf, of and from any and all claims, demands, actions or causes of action,
obligations, liabilities, or claims for further compensation, known or unknown, based
upon or relating to the facts or allegations and circumstances arising from Buyer's
acquisition of the Easement. By such release, Seller expressly waives its rights, if any,
under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HIS SETTLEMENT WITH THE DEBTOR."
7.15 City Council Approval of Agreement. This Agreement is subject to the
approval of the Buyer's City Council. If this Agreement remains unapproved by the
Buyer's City Council sixty (60) days following the date first written above, then the
parties will have no further obligation under this Agreement. If Buyer's City Council
approves this Agreement within less than thirty (30) days of the Closing Date set forth
herein, the. parties agree to extend the Closing Date for an additional thirty (30) days.
[SIGNATURE PAGE FOLLOWS]
12
1116419.1
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
only become effective as of the day and year the last of the parties set forth below signs
this Agreement.
14111RAN
SELLER
CITY OF PALM SPRINGS, a California Granite Construction Company, a
charter city and municipal corporation, California Corporation
-- B
y.
`� David H. Ready Chris Miller, Executive Vice President
�City Manager APPROVED 8IY CRY COUNCIL
Dated: t� I S13 ii Awl'
Attest:
,;G��-Teti Kai^ t D. ark
City Clerk
Dated:
Approved as to form by:
City Attorney
Dated:
Exhibit List
Exhibit A-1 and A-2 -- Legal Description of the Right of Way and Slope Easement
Exhibit B-1 and B-2 -- Depiction of the Right of Way and Slope Easement
Exhibit C-1 and C-2 -- Form of Right of Way and Slope Easement
Exhibit D -- Affidavit of Non -foreign Taxpayer Status
13
1116419.1
ACCEPTANCE BY ESCROW HOLDER:
LAWYERS TITLE & ESCROW hereby acknowledges that it has received a fully
executed counterpart of the foregoing Right -of -Way Agreement for Acquisition of Real
Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be
bound by and perform the terms thereof as such terms apply to Escrow Holder.
Date:
By:
Name:
Its:
LAWYERS TITLE & ESCROW
1116419.1
ALL-PURPOSECALIFORNIA • ..
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 Santa Cruz )
On April 17, 2017 before me, Jennifer Bowling, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Chris Miller
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.
JENNIFER BOWLING
_ Notary Public -California Z
$ Santa Cruz County n
= Commission # 2182065
My Comm. Expires Feb 28, 2021
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true an(
WITNESS
Signature
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Right of Way Agreement Acquisition of Real Property Interest and Escrow Instr.
Title or Type of Document: APN # 669-100-001 Document Date: 4/17/2017
Number of Pages: N/A Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A-1"
RIGHT-OF-WAY EASEMENT
APN 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00°19'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION
23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN
CANYON DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
747.79 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
71.01 FEET;
2. THENCE LEAVING SAID PARALLEL LINE NORTH 72°10'42" EAST 27.07 FEET;
3. THENCE NORTH 00'19'08" EAST 55.96 FEET;
4. THENCE NORTH 75°14'39" WEST 26.56 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 1,633 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE'A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 1 of 1
EXHIBIT "A-2"
SLOPE EASEMENT
APN 669-100- 01
NORTHERLY SLOPE EASEMENT
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A' AND A LINE
PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY
LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST 747.79 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 75014'39" EAST 26.56 FEET;
3. THENCE NORTH 00°19'08" EAST 20.65 FEET;
4. THENCE NORTH 75014'39" WEST 13.84 FEET;
5. THENCE NORTH 3026'21" EAST 416.60 FEET;
6. THENCE NORTH 0019'08" EAST 286.20 FEET TO THE SOUTHWESTERLY LINE
OF A STRIP OF LAND 200 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC
RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON JULY 27, 1866
AND APPROVED ON MARCH 3, 1871 AND AS SET FORTH IN THE PATENT
FROM THE UNITED STATES OF AMERICA TO THE SOUTHERN PACIFIC
RAILROAD COMPANY RECORDED JULY 31, 1905 IN BOOK 3, PAGE 228 OF
PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
7. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°53'07" WEST 44.91
FEET TO THE TRUE POINT OF BEGINNING.
SOUTHERLY SLOPE EASEMENT
BEGINNING AT SAID POINT 'A', THENCE ALONG SAID PARALLEL LINE SOUTH
00019'08" WEST 818.81 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST
65.13 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 89°40'52" EAST 1.05 FEET
3. THENCE NORTH 5°17'23" EAST 33.26 FEET;
4. THENCE NORTH 33016'19" EAST 18.52 FEET;
5. THENCE NORTH 72010'42" EAST 12.34 FEET;
Page 1 of 2
EXHIBIT "A-2"
SLOPE EASEMENT
APN 669-100-001
6. THENCE NORTH 00'19'10" EAST 21.05 FEET;
7. THENCE SOUTH 72°10'42" WEST 27.07 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 21,595 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE `� 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
No. 7354
9F- CA0
Page 2 of 2
EXHIBIT "B-1" S)w 1/% c)
P.O.C. \ £ ` N Vv 1) A
INT. OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.) \ SE co � J
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2 \ I I :J J ri , 4 r
J - J� -_ r 0 , 2 2
1 rj C-' r) 4i
J J)' rI,
APN 669_100-001_NON-PLOTTABLE EASEMENj,�
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
Q 1/23/1912 IN BK. 344, PG. 227 OF DEEDS.
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R.
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013
AS DOC. NO. 2013-0360350 O.R.
9
sT9��
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30
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S2
cxa
nq Y�
No. 7354
qTF OF CAL\F��
0 100 200 400
of
1
E3
NAM
MULTIPLY DISTANCE BY 1.00002570 04
TO OBTAIN GROUND DISTANCES w w
cn �cn
LEGEND
®RIGHT-OF-WAY EASEMENT
AREA = 1,633 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE SHEET 2)
SED BY: DATE:
NN BY: KA DATE:5-29-15
:KED BY: MH DATE:12-18-15
ROVED BY: DATE:
E2 \
r' -\
��J 1� f
) J
APN 669-100-001 qy
Z
Nlu
SHEET 1 OF 2 SHEETSI
CITY OF PALM SPRINGS
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
1" = 200'
. NO.
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409; PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
r
NIN S N 1/4 Jr
J� (0,
)J
f
E3 POLE LINE EASEMENT IN P.O.C. f
FAVOR OF CALIFORNIA INT. OF THE CENTER LINE OFJ 3
ELECTRIC POWER CO. INDIAN CANYON DR. (INDIAN AVE.) o M
REC. 11/16/1948 IN AND SOUTHERN PACIFIC RAILROAD ``'
BK. 1027, PG. 213 O.R. AS SHOWN ON ROS 18/2 I o N
NO WIDTH GIVEN. o
S so I cn
Src', 22 _
r j J Jr� r� ji Ff)l, �� r
1 �
0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
Ll
S 0019'08" W
71.01'
L2
N 72'10'42" E
27.07'
L3
N 00'19'08" E
55.96'
L4
N 75*14'39" W
26.56'
9
�0>6?t`
10
LEGEND
®RIGHT-OF-WAY EASEMENT
AREA = 1,633 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE ABOVE)
r
125' 75'
RIGHT-OF-WAY PER R.S. 18/17
o�
1
LW
E3
3
Co
m
oI
T.P.O.B.— L4
r
O
101
SHEET 2 OF 2 SHEETS
REVISED BY: DATE: CITY OF PALM SPRINGS SCALE
1 " = 100'
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. N0.
EXHIBIT "B-2" SW 1�4 Dr
P.O.C. \t 1\1 Vv 1 �%
INT. OF THE CENTER LINE OF
�r �
INDIAN CANYON DR. (INDIAN AVE.) F`� J r 21
AND SOUTHERN PACIFIC RAILROAD r f� �, r) r
AS SHOWN ON ROS 18/2 I I J , J �1 rl �r r
01/
q V
J r �)) srq `SSA
1 J J,� rig Oq S'
APN 669-100-001 NON-PLOTTABLE _EASEMENTS A
A PUBLIC UTILITY EASEMENT IN FAVOR OF \ O��
� PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
1 /23/1912 IN BK. 344, PG. 227 OF DEEDS. } ^ C
A PERMANENT TELECOMMUNICATIONS 3
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R. o vS Z
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013 = �
AS DOC. NO. 2013-0360350 O.R. � ui
Q- Z Q E2
SAND s,-
A . 0 Z 1. J W 1l 4
No. 7354 z , if r�
s� �Q APN 669-100-001
qrF OF CAOF��
0 100 200 400 E3I?
CNV N
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES SIN k
l
LE END
SLOPE EASEMENT (SLOPE)
AREA = 21,595 SQ. FT., MORE OR LESS f
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE SHEET 2)
SHEET 1 OF 3 SHEETS
REVISED BY: DATE: SCALCITY OF PALM SPRINGS 1E = 200'
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION owc. No.
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
E3 POLE LINE EASEMENT IN
r
N Ih
N N
(ncn
m
FAVOR OF CALIFORNIA
P.O.C.
ELECTRIC POWER CO.
INT. OF THE CENTER LINE OFJ 3
REC. 11/16/1948 IN
INDIAN CANYON DR. (INDIAN AVE.) ao
w
BK. 1027, PG. 213 O.R.
AND SOUTHERN PACIFIC RAILROAD c "i
NO WIDTH GIVEN.
AS SHOWN ON ROS 18/2 I r
SS
O
C', 22
1 , J , r,
0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
N 50'53'07" W
1
44.91'
L2
N 03-26'21" E
416.60'
9
A4e
Sr91; o_ I
LEGEND
SLOPE EASEMENT (SLOPE)
AREA = 21,595 SO. FT., MORE OR LESS
P.O.C.
T.P.O.B.
E#
REVISED BY:
DRAWN BY: KA
CHECKED BY: MH
APPROVED BY:
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
PLOTTED EASEMENT (SEE ABOVE)
DATE:
DATE: 5-29-15
DATE: 12-18-15
DATE:
-VV JJ4 Jr
1\1VV 1/%
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J� �� ,J
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[T.P.O.B.
N'LY SLOPE
& PT. 'A'
125'
75'
T-OF-WAY PER
R.S.
18/17
0
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CITY OF PALM SPRINGS
:T 3
SHEET 2 OF 3
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
SEE SHEET 2
VV 1 /%
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00 i r i J') rl
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N
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T.P.O.B. \
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T.P.0.8.�
M
S'LY
z
SLOPE
�1
SEE DETAIL "A"
THIS SHEET
L�
Ltl
c�7 125' 75'
RIGHT—OF—WAY PER R.S. 18/1
/ ff ---1
\,N2
�
I
T.P.O.B._
S'LY =,
SLOPE
E3 p
�•J
L7
DETAIL "A"
NOT TO SCALE
ttl
1j c
ttl c/6'
/D era s
EL GEND
LINE TABLE
LINE
BEARING
LENGTH
L2
N 03'26'21" E
416.60'
L3
N 7514'39" W
26.56'
L4
N 0019'08" E
20.65'
L5
N 75*14'39" W
13.84'
L6
S 0019'08' W
65.13'
L7
S 89'40'52" E
1.05'
L8
N 0517'23" E
33.26'
L9
N 3316'19" E
18.52'
L10
N 7210'42" E
12.34'
L11
N 00-19'10" E
21.05'
L12
IS 7210'42- W
27.07'
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
SLOPE EASEMENT (SLOPE)
AREA = 21,595 SQ. FT., MORE OR LESS
P.O.C.
POINT OF COMMENCEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
E#
PLOTTED EASEMENT (SEE SHEET 2)
SHEET 3 OF 3 SHEETSI
REVISED BY: DATE:
CITY OF PALM SPRINGS "1� = 100'
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. N0.
EXHIBIT 11C-1"
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code §6103
GRANT OF RIGHT-OF-WAY
(INDIAN CANYON DRIVE)
APN #669-100-001
For a valuable consideration, receipt of which is hereby acknowledged, Granite
Construction Company, a California Corporation, (hereinafter "Grantor"), hereby
GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter "Grantee"), right-of-way for streets, highways, sanitary sewer
lines, domestic water lines, public utilities, and other appurtenant uses, together with the
right to construct, maintain, repair, operate, use, dedicate or declare the same for public
use, in, on, under, over and across the real property in the City of Palm Springs,
Riverside County, California, more particularly described on Exhibit "A" and shown on
Exhibit "B" attached hereto and incorporated herein by this reference.
Dated:
GRANTOR:
Granite Construction Company, a
California Corporation
0
EXHIBIT "C-2'
RECORDING REQUESTED BY
City -of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code §6103
GRANT DEED - SLOPE EASEMENT
APN #669-100-001
For a valuable consideration, receipt of which is hereby acknowledged, Granite
Construction Company, a California Corporation, (hereinafter "Grantor"), hereby
GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter "Grantee"), an easement and right-of-way for earth
embankment slopes, together with the right to construct and maintain such slopes and
embankments and facilities incidental thereto, over, under, along and across all that real
property situated in the City of Palm Springs, County of Riverside, State of California,
described as follows:
See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes
Reserving unto the Grantor herein, heirs and assigns the continued use of the above
described parcel of land subject to the following conditions: The erecting of buildings,
masonry walls, and other permanent structures; the planting of trees; the changing of
the surface grade; and the installation of privately owned pipe lines shall be prohibited
except by Encroachment Agreement issued by the City Engineer.
Dated:
GRANTOR: Granite Construction
Company, a California Corporation
By:
EXHIBIT D
DO NOT RECORD. TRANSFEREE (BUYER)
DO NOT SEND MUST RETAIN FOR
TO IRS. SIX YEARS AFTER
THE TRANSACTION.
CERTIFICATION OF NON -FOREIGN
STATUS BY TRANSFEROR
1. Section 1445 of the Internal Revenue Code provides that a transferee
(Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a
foreign person.
2. In order to inform each transferee that withholding
upon disposition of a U. S. real property interest by
(hereinafter referred to as "the
Transferor"), the undersigned hereby certifies, and declares by means of this
certification, the following on behalf of the Transferor:
of tax is not required
A. The one item marked below is true and correct:
(1) The Transferor is not a foreign individual, foreign
corporation, foreign partnership, foreign trust, or foreign
estate (as these terms are defined in the Internal
Revenue Code and Income Tax Regulations).
(II) The Transferor is a corporation incorporated under the
laws of a foreign jurisdiction but has elected to be
treated as a U. S. corporation under Section 897(i) of
the Internal Revenue Code, AND HAS ATTACHED TO
THIS CERTIFICATE A TRUE AND GENUINE COPY
OF THE ACKNOWLEDGMENT OF SUCH ELECTION
ISSUED BY THE IRS.
B. The Transferor's social security number is
C. The Transferor's address is
3. The Transferor understands that this certificate may be disclosed to the
Internal Revenue Service by the transferee and that any false statement contained in
this certification may be punished by fine or imprisonment (or both).
4. The Transferor understands that each transferee is relying on this
certificate in determining whether withholding is required and each transferee may face
liabilities if any statement in this certificate is false.
5. The Transferor hereby indemnifies each transferee, and agrees to defend
and hold each transferee harmless, from any liability, cost, damage, or expense which
such transferee may incur as a result of:
A. the Transferor's failure to pay any U. S. Federal income tax which
the Transferor is required to pay under applicable U. S. law, or
B. any false or misleading statement contained herein.
Under penalties of perjury, I declare that I have examined this certification and to
the best of my knowledge and belief it is true, correct, and complete; I further declare
that I have authority to sign this document on behalf of the Transferor.
EXECUTED in
on
Transferor:
By:
Title:
1116419.1
County, State of
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
PROJECT: Indian Canyon Drive Widening and
Bridge Replacement (a, UPRR
Federal Project No. BRLO-5282(017)
City Project No. 01-11
APN(s): 669-100-001
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is
hereby made this 17th day of April , 20 17 , by and between the City of Palm
Springs, a California charter city and municipal corporation, organized and existing
in the County of Riverside, under and by virtue of the laws of the State of California,
hereinafter designated as the "City" and/or "Grantee", Granite Construction
Company, a California Corporation, hereinafter designated as the "Grantor".
City/Grantee and Grantor are individually referred to as "Party' and are collectively
referred to as the "Parties".
RECITALS
A. Grantor is the owner of certain real property located in the City of Palm
Springs, (the "City"), the County of Riverside, (the "County"), State of California, (the
"State"), which is identified by Assessor Parcel Number(s) 669-100-001, (referred to as
the "Property").
B. Grantee desires to obtain from Grantor a temporary construction easement
over a portion of the Property, and Grantor hereby agrees to authorize Grantee and its
assignees, including its contractor(s), to enter, for a limited duration and term subject to
the conditions herein this Agreement, a portion of the Property as described on the
attached legal description, referenced as Exhibit "A" , and shown on the attached map,
referenced as Exhibit "B" the "Easement Area"), which are attached hereto and
incorporated herein by reference.
C. Concurrently with the execution of this Agreement, the Parties have or are
entering into Right -Of -Way Agreement For Acquisition Of Real Property Interest And
Escrow Instructions (the ROW Agreement) pursuant to the terms and conditions of
which Grantor grants to the City an easement and right-of-way for streets, highways,
sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare
the same for public use, and an easement and right-of-way for earth embankment
slopes, together with the right to construct and maintain such slopes and embankments
and facilities incidental thereto, over, under, along and across the real property as more
particularly defined in the ROW Agreement. The ROW Agreement provides for an
escrow for the collection, processing and recordation of documents as provided in the
ROW Agreement (the "Escrow").
D. The Parties desire by this Agreement to provide the terms and conditions
for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as
defined below, over the Easement Area.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the Parties of the promises,
covenants, and conditions herein contained and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
Grantor hereby grants to City and its assignees, including its contractor(s), the
right to enter upon and use the Easement Area (as Easement Area is identified
and described in ¶ 2 below), representing a portion of Grantor's Property in the
City of Palm Springs, Riverside County, State of California, (described as
Assessor's Parcel Number(s) 669-100-001) for all purposes necessary to
facilitate and accomplish the construction and installation of various public street
improvements ("Temporary Construction Easement") associated with the
Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal
Project No. BRLO-5282 (017), City Project No. 01-11 ("Project").
2. The Temporary Construction Easement, used during construction of the Project
consists of approximately 59,947 square feet as described on the attached legal
description, referenced as Exhibit "A", and shown on the attached map,
referenced as Exhibit " B" (hereinafter the "Easement Area").
3. It is agreed and confirmed by the parties hereto that notwithstanding other
provisions in this Agreement, the right of possession and use of the Easement
Area by the Grantee, including the right to remove and dispose of improvements,
shall commence on the close of escrow controlling this transaction, whichever
occurs first, and the amount shown in Section 13 herein includes, but is not
limited to, full payment for such possession and use, including damages, if any,
from said date. Temporary Construction Easement will expire on July 1, 2022 or
the City's recordation of a Notice of Completion for the Project with the Riverside
County Recorder's Office whichever occurs first, the Temporary Construction
Easement granted herein shall be automatically surrendered by Grantee, and
Grantee's interests thereto shall be automatically reverted to Grantor as if
quitclaimed by Grantee, and shall no longer represent any title interest of or to
Grantor's Property. Nevertheless, if requested by Grantor following such
termination, City will execute a quitclaim deed confirming such termination.
4. The rights granted herein include the right to enter upon and to pass and repass
over and along the Easement Area, and to deposit tools, implements and other
materials thereon by City, its officers, agents and employees, and by persons or
entities under contract with City, wherever and whenever necessary for the
purpose of completing the Project in accordance with applicable laws. The City's
activities may involve surveying, staking, excavation, grading, and other related
uses that are reasonably required to construct the Project. City agrees not to
damage Grantor's property in the process of performing such activities. Grantee
will maintain ingress and egress of property throughout the course of
construction, except during construction when a short-term closure will be
necessary to coordinate driveway relocation efforts, but no more than four
consecutive days.
5. At the termination of the period of use of Grantor's land by City, but before its
relinquishment to Grantor, debris generated by City's use will be removed and
the surface will be graded, if applicable, and restored to a condition substantially
the same condition as existed before commencement of the construction of the
Project to the extent feasible, unless otherwise agreed to by the Grantor and
otherwise left in a neat, clean and orderly condition devoid of trash and debris.
6. Any notice to be given or other document or documents to be delivered to either
Party by the other hereunder may be delivered in person or may be deposited in
the United States Mail in the State of California, duly registered or certified, with
postage prepaid, and addressed as follows:
If to Grantee, to:
Attn: City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8332
Telephone No.: (760) 323-8204
If to Grantor, to:
Mr. Brad Williams
Granite Construction Company
38000 Monroe St
Indio, CA 92203
With a mandatory copy to:
Granite Construction Company, a California Corporation
PO Box 50085
Watsonville, CA 95077
Attn: General Counsel
7. To the fullest extent permitted by law, City (and its contractor) shall indemnify,
defend and hold harmless Grantor, Granite Construction Incorporated and their
officers, directors, employees and agents (collectively "Indemnitees" and
individually an "Indemnitee") from any third party claims for all losses, liabilities,
costs, damages, expenses, causes of action, suits, claims or judgments,
including reasonable attorney's fees and costs, (collectively, "Claims") arising
out of or alleged to arise out of or in connection with any act or omission of City,
its employees, representatives, agents, suppliers, contractors or subcontractors
pursuant to this Agreement or otherwise in connection with the construction and
installation of various public street improvements as contemplated by the
Temporary Construction Easement, provided, however, that the foregoing duty
to indemnify and hold harmless the Grantor from and against any Claims shall
not apply to any non -appealable judgments, resolutions or determinations to the
extent caused by the active negligence or intentional misconduct of Grantor.
The City agrees, at its own expense, to keep in full force and effect for a period of
no less than two (2) years following the filing of the Notice of Completion (as
provided in Article 3 of this Agreement), the following insurance and minimum
limits: (i) commercial general liability insurance in an amount not less than
$2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, property
damage, personal injury, and products completed coverages; (ii) worker's
compensation insurance in an amount not less than that required by applicable
law; (iii) employer's liability coverage in an amount not less than $1,000,000; and
(iv) automobile liability insurance (including all owned, non -owned, and hired
automobiles) in an amount not less than $1,000,000 each occurrence with a
combined single limit of not less than $1,000,000. Within 5 days after execution
of this Agreement, the City shall furnish a certificate of insurance (ACORD form
25S) from each insurance company providing coverage to the City showing that
the required insurance coverage (including minimum limits) is in force, stating
policy numbers, dates of expiration, deductible amounts applicable to each policy,
and limits of liability thereunder, together with the endorsements required below,
and further providing that the insurance will not be canceled, modified or changed
until the expiration of at least thirty (30) calendar days after written notice of such
cancellation, modification or change has been mailed by certified mail to Grantor.
The Indemnitees shall be named, by endorsement (using standard ISO form CG
20 10 04 13 in combination with ISO form CG 20 37 04 13 or the equivalent, as
determined by Grantor), as additional insureds on the commercial general liability
insurance policy maintained by the City. Additionally, the commercial general
liability and automobile liability policies shall be endorsed to stipulate that the
insurance afforded the additional insureds shall apply as primary insurance
without qualification and that any insurance maintained by the Indemnitees shall
be in excess only and shall not be called upon to contribute with the insurance of
the City. All insurance carriers providing coverage under this paragraph 7 must
have an A.M. Best insurance rating of no less than A- / IX. The City for itself and
on behalf of its insurers hereby waives and releases the additional insureds from
liability for all claims which are covered by said insurance. The City shall obtain a
waiver of any subrogation right that any of its insurers may acquire against any of
the additional insureds by virtue of payment of any such liability covered by the
insurance. In no way do the above minimum insurance requirements limit the
liability assumed herein or elsewhere in this Agreement.
The City shall require all contractor and their subcontractors to carry insurance of
the same kinds and coverages and minimum limits required herein, with the
Indemnitees listed as additional insureds. In the event the City fails to obtain the
proof of coverage certificates required herein and a claim is made or suffered, the
City shall indemnify, defend and hold harmless the Indemnitees from any and all
claims for which the required insurance would have provided coverage.
8. Grantor hereby warrants that it is the owner of the Property described above
and that it has the right to grant City, its successors or assigns, permission to
enter upon and use the Easement Area as provided in this Agreement.
9. This Agreement is the result of negotiations between the Parties hereto. This
Agreement is intended by the Parties as a final expression of their understanding
with respect to the matters herein, and is a complete and exclusive statement of
the terms and conditions thereof.
10. This Agreement shall not be changed, modified, or amended except upon the
written consent of the Parties hereto.
11. This Agreement supersedes any and all other prior agreements or
understandings, oral or written, in connection therewith.
12. Grantor, its assigns and successors in interest, shall be bound by all the terms
and conditions contained in this Agreement, and all the Parties thereto shall be
jointly and severally liable thereunder in accordance with Civil Code Section
1468.
13. City shall pay to Grantor the total sum of Forty -Four Thousand Nine Hundred
Sixty Dollars and Forty Cents ($44,960.40), (the "Rental Price"), for the right
to enter upon and use Grantor's land in accordance with the terms hereof.
Grantor hereby expressly and unconditionally waives any and all claims for
damages, relocation assistance benefits, severance damages, interest, loss of
goodwill, claims for inverse condemnation or unreasonable pre -condemnation
conduct, or any other compensation or benefits, other than for payment of the
Rental Price, it being understood that the Rental Price constitutes complete and
full settlement of all acquisition claims, liabilities, or benefits of any type or nature
whatsoever, whether known or unknown as of the date of this Agreement,
relating to or in connection with the Temporary Construction Easement or any
other rights granted under this Agreement. Payment shall be made upon the
close of Escrow.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and
year first above written.
GRANTEE:
CITY OF PALM SPRINGS, a California
charter city and municipal corporation,
GRANTOR:
Granite Construction Company, a
California Corporation
By:
BZ�L: �—z -
� Chris Miller, Executive Vice President
David H. Ready, Citya
eaL APPROVED BY CITY COUNCIL
ATTEST: C 1. N. 5 d 17 A MAI
By: 1"
Ka�Z;.G-rL 1 LTaer )1- ,4-P.rZVIA � cir�l�
APPROVED AS TO FORM:
WOOD N & SMART
v:
luglas-E-Ha+lat��; Esq., City Attorney
EdwJWA Z • 14'0+K�K
Exhibit List
Exhibit A -- Legal Description of the Easement Area
Exhibit B -- Depiction of Easement Area
Temporary Construction Easement Agreement
Page 5of5
ACKNOWLEDGEMENT
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 Santa Cruz
On April 17, 2017 before me, Jennifer Bowling , Notary
Public, personally appeared
Chris Miller , 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: =5�a cial seal.
Signature
My Commission Expires: 2/28/2021
notarial seal
JENNIFER BOWLING
Notary Public - California Z
Santa Cruz County . f.
Z Commission # 2182065
My Comm. Expires Feb 2B, 2021
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF A STRIP OF LAND 200
FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY
ACT OF CONGRESS, APPROVED ON JULY 27, 1866 AND APPROVED ON MARCH
3, 1871 AND AS SET FORTH IN THE PATENT FROM THE UNITED STATES OF
AMERICA TO THE SOUTHERN PACIFIC RAILROAD COMPANY RECORDED JULY
31, 1905 IN BOOK 3, PAGE 228 OF PATENTS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; SOUTH 50°53'07" EAST 44.91 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 0019'08" WEST 286.20
FEET;
2. THENCE SOUTH 3026'21" WEST 416.60 FEET;
3. THENCE SOUTH 75°14;'39" EAST 13.84 FEET;
4. THENCE SOUTH 0°19'08" WEST 97.66 FEET;
5. THENCE SOUTH 72010'42" WEST 12.34 FEET;
6. THENCE SOUTH 33016" 9" WEST 18.52 FEET;
7. THENCE SOUTH 5'17'23" WEST 33.26 FEET;
8. THENCE NORTH 89040'52" WEST 1.05 FEET TO A LINE PARALLEL WITH AND
DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE
WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY LINE ALSO BEING
THE CENTER LINE OF SAID INDIAN CANYON DRIVE;
9. THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST 915.00 FEET;
10. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'50" EAST 14.17 FEET;
11. THENCE NORTH 0°19'08" EAST 260.33 FEET;
12. THENCE NORTH 1 °21'35" EAST 329.72 FEET;
13. THENCE NORTH 89040'50" WEST 5.16 FEET;
14. THENCE NORTH 0019'08" EAST 372.66 FEET;
15. THENCE SOUTH 89040'50" EAST 37.46 FEET;
16. THENCE NORTH 80°38'03" EAST 33.04 FEET;
17. THENCE NORTH 68°44'51" EAST 34.25 FEET;
18. THENCE NORTH 61 °00'48" EAST 36.52 FEET;
19. THENCE NORTH 54035'44" EAST 77.74 FEET;
20. THENCE SOUTH 77°55'41" EAST 29.15 FEET;
21. THENCE SOUTH 0000'00" WEST 83.29 FEET;
Page 1 of 2
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-100-001
22. THENCE SOUTH 89040'50" EAST 50.00 FEET;
23. THENCE NORTH 0000'00" EAST 96.02 FEET;
24. THENCE NORTH 44°56'24"EAST 20.78 FEET;
25. THENCE SOUTH 89°40'50" EAST 62.78 FEET;
26. THENCE NORTH 0°19'10" EAST 50.00 FEET;
27. THENCE NORTH 86053'26" WEST 102.72 FEET;
28. THENCE NORTH 89°40'50" WEST 88.80 FEET;
29. THENCE SOUTH 70°38'30" WEST 35.64 FEET;
30. THENCE SOUTH 66058'13" WEST 90.83 FEET;
31. THENCE NORTH 89°40'50" WEST 31.75 FEET;
32. THENCE NORTH 3°26'21" EAST 412.15 FEET;
33. THENCE NORTH 0°19'08" EAST 274.55 FEET TO THE
OF SAID 200-FOOT WIDE STRIP OF LAND;
SOUTHWESTERLY LINE
34. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°53'07" WEST 19.25
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 59,947 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 2 of 2
EXHIBIT "B" vv -Jlzf Jr
P.O.C. 1\1 vv J/%
INT. OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.) J L (', 2 J
AND SOUTHERN PACIFIC RAILROAD J J 3 E, F) r
AS SHOWN ON ROS 18/2 I I r 4
q /,
J , E�
APN 669-100-001 NON-PLOTTABLE EASEMENTS
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
1 /23/1912 IN BK. 344, PG. 227 OF DEEDS. } ^ LL �, C
A PERMANENT TELECOMMUNICATIONS 3
EASEMENT IN FAVOR OF VARIOUS REC. Z
8/29/2013 AS DOC. NO. 2013-0423943 O.R. 00
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013 _
E2
AS DOC. NO. 2013-0360350 O.R. aw z a \
�b uAND S- C) z
5 A.
o Q. a vv i �f
a S 01 2
� Z r, �� r-) it r
No. 7354 — r� J J�� rl� f
APN 669-100-001
qTF OF CA`\F�� 0 100 200 400
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
E3
N M
N N
WIW
N N
EGEN
TEMPONT
LL /�/11 AREA RA59,94RY 07N SQ. UFT.10M0 MORE ORE LESS =
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
wt
E# PLOTTED EASEMENT (SEE SHEET 2)
SHEET 1 OF 4 SHEETS
REVISED BY: DATE:
CITY OF PALM SPRINGS SCALE
" - 200'
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. N0.
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
E3 POLE LINE EASEMENT IN
FAVOR OF CALIFORNIA
N Nj
cV N
C3 U
(�
0-i
ELECTRIC POWER CO. P.O.C.
REC. 11/16/1948 IN INT. OF THE CENTER LINE OF—"-";�1
BK. 1027, PG. 213 O.R. INDIAN CANYON DR. (INDIAN AVE.)
co
NO WIDTH GIVEN. AND SOUTHERN PACIFIC RAILROAD o '? w
E4 UTILITY EASEMENT IN AS SHOWN ON ROS 18/2 I o c0j
FAVOR OF SOUTHERN o
CALIFORNIA EDISON V'
REC. 12/23/2014 IN SSp . 9
DOC. NO. 2014-0489319 O.R.
J4
L
0 50 100 200
MULTIPLY DISTANCE BY 1,00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
N 50'53'07" W
44.91'
L2
N 50'53'07" W
19.25'
L3
S 03'26'21" W
416.60'
1/4 Jr
1\1VV 1/4
J
J J J JJ� riJ f E�J
O
125' 75'
RIGHT-OF-WAY PER R.S. 18/17
I
EL GENTEMPORD
RY CONSTRUCTIONEASEMENT
AREA = 59,9 MORE ORLESS
P.O.C.
POINT OF COMMENCEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
E#
REVISED BY:
DRAWN BY: KA
CHECKED BY: MH
APPRI OVED BY.
PLOTTED EASEMENT (SEE ABOVE)
DATE:
!?
moo
n
�
3
M o 200
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SEE SHEET 3
SHEET 2 OF 4 SHEETS
CITY OF PALM SPRINGS
DATE: 5-29-15
INDIAN CANYON DRIVE WIDENING
DATE:12-18-15 APN 669-100-001
DATE: GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
1" = 100,
DOC. NO.
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THIS SHEET
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APPROVED BY:
R.S. 18/17
1
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APN 669-100-001
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N 89'40'50" W to
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LINE TABLE
LINE
BEARING
LENGTH
L3
N 03'26'21" E
416.60'
L4
S 7514'39" E
13.84'
L5
S 72*10'42" W
12.34'
L6
S 33*16'19" W
18.52'
L7
S 0517'23" W
33.26'
L8
N 89'40'52" W
1.05'
L9
N 01'21'35" E
329.72'
L10
N 89'40'50" W
5.16'
102.72'7-� N 00'19'10" E
J� / /N 86'53' 2" W>�,0.001
S 775541 E
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L10 AREA = 59,947 SO. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
rn
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE SHEET 2)
SEE SHEET 4 SHEET 3 OF 4 SHEETS
DATE: CITY OF PALM SPRINGS SCA'E = 100'
DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
DATE:12-18-15 APN 669-100-001
DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. N0.
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APN 669-100-001
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AREAORA59,9 47 FT., MORE ORErLESS
P.O.C.
POINT OF COMMENCEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
E#
PLOTTED EASEMENT (SEE SHEET 2)
REVISED BY:
DRAWN BY: KA
CHECKED BY: MH
APPROVED BY:
SHEET 4 OF 4 SHEE
DATE: CITY OF PALM SPRINGS SCAT" - 100
DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
DATE:12-18-15 APN 669-100-001
DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. N0.
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code §6103
GRANT OF RIGHT-OF-WAY
(INDIAN CANYON DRIVE)
APN #669-100-001
For a valuable consideration, receipt of which is hereby acknowledged, Granite
Construction Company, a California Corporation, (hereinafter "Grantor"), hereby
GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter "Grantee"), right-of-way for streets, highways, sanitary sewer
lines, domestic water lines, public utilities, and other appurtenant uses, together with the
right to construct, maintain, repair, operate, use, dedicate or declare the same for public
use, in, on, under, over and across the real property in the City of Palm Springs,
Riverside County, California, more particularly described on Exhibit "A" and shown on
Exhibit "B" attached hereto and incorporated herein by this reference.
Dated: April 17, 2017
GRANTOR:
Granite Construction Company, a
California Corporation
By:
Chris Miller, Executive Vice President
ALL-PURPOSE 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 Santa Cruz
On April 17, 2017 before me, Jennifer Bowling, Notary Public
Date Name, Title of Officer
personally appeared
Chris Miller
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 signatures(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 identified herein, that the foregoing paragraph is
true and correct.
Witness my hand and ' seal.
Signatur of
JENNIFER BOWLING
NotaryPublic- California Z
Santa Cruz County n
Commission # 2182065
My Comm. Expires Feb 28, 2021
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
Granite Construction Company to City of Palm Springs
THIS CERTIFICATE Title or Type of Document Grant of Right of Way / APN 669-100-001
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 5 DATE of DOCUMENT April 17, 2017
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
N/A
EXHIBIT "A"
RIGHT-OF-WAY EASEMENT
APN 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00°19'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION
23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN
CANYON DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST
747.79 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
71.01 FEET;
2. THENCE LEAVING SAID PARALLEL LINE NORTH 72010'42" EAST 27.07 FEET;
3. THENCE NORTH 00019'08" EAST 55.96 FEET;
4. THENCE NORTH 75°14'39 WEST 26.56 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 1,633 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 1� 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 1 of 1
EXHIBIT "B"
P.O.C. �.
INT. OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.)
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2
J - -)E CC 2
APN 669-100-001 NON- PLOTTABLE EASEMENTS
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
R 1 /23/1912 IN BK. 344, PG. 227 OF DEEDS.
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R.
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013
AS DOC. NO. 2013-0360350 O.R.
SAND SU
�SP�L A yqL LFf
No. 7354
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MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
E� GEND
®RIGHT-OF-WAY EASEMENT
AREA = 1,633 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B
E#
TRUE POINT OF BEGINNING
PLOTTED EASEMENT (SEE SHEET 2)
0
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APN 669-100-001
J
SHEET 1 OF 2 SHEETS
CITY OF PALM SPRINGS '� 1, = 200
REVISED BY: DATE: ,
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. No.
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
r
m
E3 POLE LINE EASEMENT IN P.O.C.
FAVOR OF CALIFORNIA INT. OF THE CENTER LINE OF---�'�
ELECTRIC POWER CO. INDIAN CANYON DR. (INDIAN AVE.) o M
REC. 11/16/1948 IN AND SOUTHERN PACIFIC RAILROAD rn
BK. 1027, PG. 213 O.R. AS SHOWN ON ROS 18/2 I o N
NO WIDTH GIVEN. Cl
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9
SSo,6�S,
Ej r c' , 2 2 slgh-
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po
10
0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
S 00*19'08" W
71.01'
L2
N 7210'42" E
27.07'
L3
N 0019'08" E
55.96'
L4
I N 7514-39" W
26.56'
LEGEND
®RIGHT-OF-WAY EASEMENT
AREA = 1,633 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
125' 75'
RIGHT-OF-WAY PER R.S. 18/17
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CD (.1D a
E# PLOTTED EASEMENT (SEE ABOVE)
SHEET 2 OF 2 SHEETS
REVISED BY:
DATE:
CITY OF PALM SPRINGS
SCALE
E = 100
DRAWN BY: KA
DATE:5-29-15
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
DOC. NO.
CHECKED BY: MH
DATE:12-18-15
DWG. N0.
APPROVED BY:
DATE:
City Springsof PaIm
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262
Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
APN #669-100-001
Dated: April 17, 2017
from,
GRANT OF RIGHT-OF-WAY
(INDIAN CANYON DRIVE)
Granite Construction Company, a California Corporation
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 21St day of June,
2017, pursuant to authority granted by the City Council of said City, by Resolution No.
20255 made on the 16t" day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 21 st day of June, 2017.
O�QpLMgA�
i2
U N
* 1%,Q4pORATE-��y0 4
�IFORN�P
KATHLEEN D. HART, MMC
Interim City Clerk
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code §6103
GRANT DEED - SLOPE EASEMENT
APN #669-100-001
For a valuable consideration, receipt of which is hereby acknowledged, Granite
Construction Company,- a California Corporation, (hereinafter "Grantor"), hereby
GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter "Grantee"), an easement and right-of-way for earth
embankment slopes, together with the right to construct and maintain such slopes and
embankments and facilities incidental thereto, over, under, along and across all that real
property situated in the City of Palm Springs, County of Riverside, State of California,
described as follows:
See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes
Reserving unto the Grantor herein, heirs and assigns the continued use of the above
described parcel of land subject to the following conditions: The erecting of buildings,
masonry walls, and other permanent structures; the planting of trees; the changing of
the surface grade; and the installation of privately owned pipe lines shall be prohibited
except by Encroachment Agreement issued by the City Engineer.
Dated: April 17, 2017
GRANTOR: Granite Construction
Company, a California Corporation
By: Chris Miller, Executive Vice President
State of California
County of
Santa Cruz
ALL-PURPOSE 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.
On April 17, 2017 before me, Jennifer Bowling, Notary Public
Date Name, Title of Officer
personally appeared
Chris Miller
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 signatures(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 identified herein, that the foregoing paragraph is
true and correct.
Witness my hand an icial
Signature of otal
JENNIFER BOWLING
NotaryPublic- California
Santa Cruz County n
= Commission # 2182065
My Comm. Expires Feb 28, 2021
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
Granite Construction Company to City of Palm Springs
THIS CERTIFICATE Title or Type of Document Grant Deed - Slope Easement / APN 669-100-001
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 7 DATE of DOCUMENT April 17, 2017
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
N/A
EXHIBIT "A"
SLOPE EASEMENT
APN 669-100-001
NORTHERLY SLOPE EASEMENT
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK- 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `A' AND A LINE
PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY
LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST 747.79 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 75014'39" EAST 26.56 FEET;
3. THENCE NORTH 00019'08" EAST 20.65 FEET;
4. THENCE NORTH 75°14'39" WEST 13.84 FEET;
5. THENCE NORTH 3'26'21" EAST 416.60 FEET;
6. THENCE NORTH 0019'08" EAST 286.20 FEET TO THE SOUTHWESTERLY LINE
OF A STRIP OF LAND 200 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC
RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON JULY 27, 1866
AND APPROVED ON MARCH 3, 1871 AND AS SET FORTH IN THE PATENT
FROM THE UNITED STATES OF AMERICA TO THE SOUTHERN PACIFIC
RAILROAD COMPANY RECORDED JULY 31, 1905 IN BOOK 3, PAGE 228 OF
PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
7. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 44.91
FEET TO THE TRUE POINT OF BEGINNING.
SOUTHERLY SLOPE EASEMENT
BEGINNING AT SAID POINT `A', THENCE ALONG SAID PARALLEL LINE SOUTH
00019'08" WEST 818.81 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST
65.13 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'52" EAST 1.05 FEET
3. THENCE NORTH 5017'23" EAST 33.26 FEET;
4. THENCE NORTH 33°16'19" EAST 18.52 FEET;
5. THENCE NORTH 72010'42" EAST 12.34 FEET;
Page 1 of 2
EXHIBIT "A"
SLOPE EASEMENT
APN 669-100-001
6. THENCE NORTH 00019'10" EAST 21.05 FEET;
7. THENCE SOUTH 72°10'42" WEST 27.07 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 21,595 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORN.IA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE A-
12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 2 of 2
EXHIBIT "B" SVV 1/4 D.
P.O.C. 1 _ 1\1 Vv
INT. OF THE CENTER LINE OF T
INDIAN CANYON DR. (INDIAN AVE.) J �� J =
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2 ni r
J --- \2
APN 669-100-001 NON-PLOTTABLE EASEMENTS
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
2 1 /23/1912 IN BK. 344, PG. 227 OF DEEDS.
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R.
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013
AS DOC. NO. 2013-0360350 O.R.
�A /
No. 7354
Q
0 100 200 400
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
O N
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0
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EL GEND
SLOPE EASEMENT (SLOPE)
AREA = 21,595 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE SHEET 2)
VISED BY:
AWN BY: KA
ECKED BY: MH
PROVED BY:
DATE:
DATE: 5-29-15
DATE:12-18-15
DATE:
s01/ "
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APN 669-100-001
I
f
t.
SHEET 1 OF 3 SHEETSI
CITY OF PALM SPRINGS
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
ITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
1" = 200'
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
E3 POLE LINE EASEMENT IN
04 fV N
(n(n
(:).j
FAVOR OF CALIFORNIA P.O.C. NJ
ELECTRIC POWER CO. INT. OF THE CENTER LINE OF-----�
REC. 11/16/1948 IN INDIAN CANYON DR. (INDIAN AVE.)
BK. 1027, PG. 213 O.R. AND SOUTHERN PACIFIC RAILROAD o "� w
NO WIDTH GIVEN. AS SHOWN ON ROS 18/2 I o N
0
� C � r�
1 , J L
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
N 50'53'07" W
44.91'
L2
N 03'26'21" E
416.60'
LEGEND
9G
xsh-
4xI
SLOPE EASEMENT (SLOPE)
AREA = 21,595 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE ABOVE)
REVISED BY: DATE:
DRAWN BY: KA DATE:5-29-15
CHECKED BY: MH DATE:12-18-15
APPROVED BY: DATE:
J\J W J�%
r SE �C, )J
\[T.P.O.B.
WLY SLOPE
& PT. 'A'
GS
125'
75'
RIGHT-OF-WAY PER
R.S.
18/17
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SHEET 2 OF 3 SH
CITY OF PALM SPRINGS I' "i� = too'
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
ANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
SEE SHEET 2
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LINE
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LENGTH
L2
N 03'26'21" E
416.60'
L3
N 75"14'39" W
26.56'
L4
N 0019'08" E
20.65'
L5
N 7514'39" W
13.84'
L6
S 0019'08" W
65.13'
L7
S 89'40'52" E
1.05'
L8
N 0517'23" E
33.26'
L9
N 33`16'19" E
18.52'
L10
N 7210'42" E
12.34'
L11
N 0019'10" E
21.05'
L12
S 72.10'42" W
27.07'
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
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AREA = 21,595 SQ. FT., MORE OR LESS
P.O.C.
POINT OF COMMENCEMENT
L
T.P.O.B.
TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE SHEET 2)
SHEET 3 OF 3 SHEETS
CITY OF PALM SPRINGS Joni` = too'
REVISED BY: DATE: »
DRAWN BY: KA DATE:5-29-15 DOC. NO.
-INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. N0.
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
dated: April 17, 2017
from,
GRANT DEED — SLOPE EASEMENT
APN #669-100-001
Granite Construction Company, a California Corporation
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 21st day of June,
2017, pursuant to authority granted by the City Council of said City, by Resolution No.
20255 made on the 16th day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 21 st day of June, 2017.
KATHLEEN D. HART, MMC
Interim City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
pace above this line reserved for Recorder's use)
PROJECT: Indian Canvon Drive Widenina and Bridae
Replacement (a), UPRR
Federal Project No. BRLO-5282 (017)
City Project No. 01-11
APNs: 669-100-001
TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration receipt of which is hereby acknowledged, Granite
Construction Company, a California Corporation ("Grantor") hereby grants unto City
of Palm Springs, a California charter city and municipal corporation, organized and
existing in the County of Riverside, under and by virtue of the laws of the State of
California, ("City" and/or "Grantee"), its successors and assigns, the exclusive right, on a
temporary basis, to enter and utilize certain real property in the City of Palm Springs,
County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit
"B", attached hereto and made part hereof (the "Property").
This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the
Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project
No. BRLO-5282 (017), City Project No. 01-11, a public project (the "Project"), and gives
City, its successors and assigns, including City's contractor(s), the power to perform all
activities necessary for the construction and completion of the Project, inclusive of ingress
and egress, and necessary appurtenances thereto, in, over, across, along, through and
under the Property.
It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on
July 1, 2022. At the expiration of the Temporary Construction Easement, City shall restore
the easement area to a condition substantially the same condition as existed before
construction to the extent feasible, unless otherwise agreed to by the Grantor.
Executed this 17 day of April , 20 17
GRANTOR:
Granite Construction Company, a
California Corporation
Chris Miller, Executive Vice President
1078843.1
ALL-PURPOSE 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 Santa Cruz
On April 17, 2017 before me, Jennifer Bowling, Notary Public
Date Name, Title of Officer
personally appeared Chris Miller
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 signatures(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 identified herein, that the foregoing paragraph is
true and correct.
Witness my hand an clal s al.
Signature of a
JENNIFER BOWLING
Notary Public- California Z
Santa Cruz County >
z Commission # 2182065
My Comm. Expires Feb 28, 2021
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
Granite Construction Company to City of Palm Springs
THIS CERTIFICATE Title or Type of Document Temporary Construction Easement / APN 669-100-001
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 10 DATE of DOCUMENT April 17, 2017
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above N/A
1078843.1
Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
1078843.1
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00°19'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF A STRIP OF LAND 200
FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY
ACT OF CONGRESS, APPROVED ON JULY 27, 1866 AND APPROVED ON MARCH
3, 1871 AND AS SET FORTH IN THE PATENT FROM THE UNITED STATES OF
AMERICA TO THE SOUTHERN PACIFIC RAILROAD COMPANY RECORDED JULY
31, 1905 IN BOOK 3, PAGE 228 OF PATENTS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; SOUTH 50°53'07" EAST 44,91 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 0°19'08" WEST 286.20
FEET;
2. THENCE SOUTH 3026'21" WEST 416.60 FEET;
3. THENCE SOUTH 75°14;'39" EAST 13.84 FEET;
4. THENCE SOUTH 0019'08" WEST 97.66 FEET;
5. THENCE SOUTH 72°10'42" WEST 12.34 FEET;
6. THENCE SOUTH 33016'19" WEST 18.52 FEET;
7. THENCE SOUTH 5'17'23" WEST 33.26 FEET;
8. ' THENCE NORTH 89040'52" WEST 1.05 FEET TO A LINE PARALLEL WITH AND
DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE
WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY LINE ALSO BEING
THE CENTER LINE OF SAID INDIAN CANYON DRIVE;
9. THENCE ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST 915.00 FEET;
10. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'50" EAST 14.17 FEET;
11. THENCE NORTH 0019'08" EAST 260.33 FEET;
12. THENCE NORTH 1 °21'35" EAST 329.72 FEET;
13. THENCE NORTH 89040'50" WEST 5.16 FEET;
14. THENCE NORTH 0°19'08" EAST 372.66 FEET;
15. THENCE SOUTH 89040'50" EAST 37.46 FEET;
16. THENCE NORTH 80038'03" EAST 33.04 FEET;
17. THENCE NORTH 68044'51" EAST 34.25 FEET;
18. THENCE NORTH 61 °00'48" EAST 36.52 FEET;
19. THENCE NORTH 54035'44" EAST 77.74 FEET;
20. THENCE SOUTH 77°55'41" EAST 29.15 FEET;
21. THENCE SOUTH 0°00'00" WEST 83.29 FEET;
Page 1 of 2
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-100-001
22. THENCE SOUTH 89°40'50" EAST 50.00 FEET;
23. THENCE NORTH 0000'00" EAST 96.02 FEET;
24. THENCE NORTH 44056'24" EAST 20.78 FEET;
25. THENCE SOUTH 89040'50" EAST 62.78 FEET;
26. THENCE NORTH 0°19'10" EAST 50.00 FEET;
27. THENCE NORTH 86053'26" WEST 102.72 FEET;
28. THENCE NORTH 89°40'50" WEST 88.80 FEET;
29. THENCE SOUTH 70°38'30" WEST 35.64 FEET;
30. THENCE SOUTH 66058" 3" WEST 90.83 FEET;
31. THENCE NORTH 89040'50" WEST 31.75 FEET;
32. THENCE NORTH 3026'21" EAST 412.15 FEET;
33. THENCE NORTH 0019'08" EAST 274.55 FEET TO THE
OF SAID 200-FOOT WIDE STRIP OF LAND;
SOUTHWESTERLY LINE
34. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 19.25
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 59,947 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
No. 7354
OF CAL
Page 2 of 2
V,
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
1079843.1
EXHIBIT
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REVISED BY: DATE: „
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE:
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. No.
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 O.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
E3 POLE LINE EASEMENT IN
FAVOR OF CALIFORNIA
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REC. 11/16/1948 IN INT. OF THE CENTER LINE OF-- 3
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NO WIDTH GIVEN. AND SOUTHERN PACIFIC RAILROAD ``'
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MULTIPLY DISTANCE BY 1.00002570
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LINE TABLE
LINE
BEARING
LENGTH
L1
N 50'53'07" W
44.91'
L2
N 50'53'07" W
19.25'
L3
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416.60'
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=21 AREAO= 59,9407N S0. UFT.,OMORE ORE LESS
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DATE: CITY OF PALM SPRINGS
DATE: 5-29-15
INDIAN CANYON DRIVE WIDENING
DATE:12-18-15 APN 669-100-001
DATE: GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORA
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L3
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416.60'
L4
S 75'14'39" E
13.84'
L5
S 72'10'42" W
12.34'
L6
S 33*16'19" W
18.52'
L7
S 05'17'23" W
33.26'
L8
N 89'40'52" W
1.05'
L9
N 012135" E
329.72'
L10
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NOT TO SCALE
E# PLOTTED EASEMENT (SEE SHEET 2)
—A:�A �
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CITY OF PALM SPRINGS SCALE = 100
REVISED BY: DATE: "
DRAWN BY: KA DATE: 5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE: 12-18-15 APN 669-100-001
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GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION DWG. No.
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DATE: 5-29-15
DATE:12-18-15
DATE:
SHEET 4 OF 4 SH
CITY OF PALM SPRINGS "i" = too'
DOC. NO.
INDIAN CANYON DRIVE WIDENING
APN 669-100-001 DWG. NO.
CONSTRUCTION CO., A CALIFORNIA CORPORATION
CitySpringsof Palm
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262
Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real properly conveyed by
TEMPORARY CONSTRUCTION EASEMENT
Dated: April 17, 2017
from,
Granite Construction Company, a California Corporation
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 21 st day of June,
2017, pursuant to authority granted by the City Council of said City, by Resolution No:
20255 made on the 16th day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 21stday of June, 2017.
A L M sp�
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KATHLEEN D. HART, MMC
Interim City Clerk
CITY OF PALM SPRINGS EXIiIBIT
PERMIT TO ENTER AND CONSTRUCT 8-EX-27 (Rev. 6/95)
Date: April 17, 2017
APN: 669-100-001
Savat Khamphou
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Khamphou,
Permission is hereby granted to the City of Palm Springs, or its authorized agent, to enter upon my
property as depicted on the attached map for purposes of replacing and constructing the following
improvements, two steel post, 240 SF of North Block Wall and 320 SF of South Block Wall, 760 SF of
gravel driveway to be replaced with concrete pavement and approved landscaping.
This permission is granted in consideration of the benefits which may accrue to my property as
listed above.
This permission shall terminate upon completion of the project known as Indian Canyon Drive
Widening and Bridge Replacement @ UPRR Project.
This permission is granted in consideration of the location, improvement, and construction of such
roadway and incidents thereto, which it is understood as required by the City of Palm Springs.
RECOMMENDED FOR APPROVAL:
m
Jamie Formico, SR/WA
Right of Way Manager
Dokken Engineering
ATTEST:
5-'rkr[M City Cler4 a+k(e4K
Granite Construction Company, a California
Corporation
Chris Miller, Executive Vice President
ACCEPTED:
ITY OF PALMS RINGS
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C���� MG.�.ac�u' c�vi • (2.ea�•Y
APPRO �TO FO
CITY COUNSEL
APPROVED BY �ITY COUNCIL
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TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
PROJECT: Indian Canyon Drive Widening and
Bridge Replacement Cal UPRR
Federal Project No. BRLO-5282 017
City Project No. 01-11
APN(s): 669-100-001
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is
hereby made this 17th day of April , 2017 , by and between the City of Palm
Springs, a California charter city and municipal corporation, organized and existing
in the County of Riverside, under and by virtue of the laws of the State of California,
hereinafter designated as the "City" and/or "Grantee", Granite Construction
Company, a California Corporation, hereinafter designated as the "Grantor".
City/Grantee and Grantor are individually referred to as "Parr' and are collectively
referred to as the "Parties".
RECITALS
A. Grantor is the owner of certain real property located in the City of Palm
Springs, (the "City"), the County of Riverside, (the "County"), State of California, (the
"State"), which is identified by Assessor Parcel Number(s) 669-100-001, (referred to as
the "Property„).
B. Grantee desires to obtain from Grantor a temporary construction easement
over a portion of the Property, and Grantor hereby agrees to authorize Grantee and its
assignees, including its contractor(s), to enter, for a limited duration and term subject to
the conditions herein this Agreement, a portion of the Property as described on the
attached legal description, referenced as Exhibit "A"., and shown on the attached map,
referenced as Exhibit "B" the "Easement Area„), which are attached hereto and
incorporated herein by reference.
C. Concurrently with the execution of this Agreement, the Parties have or are
entering into Right -Of -Way Agreement For Acquisition Of Real Property Interest And
Escrow Instructions (the ROW Agreement) pursuant to the terms and conditions of
which Grantor grants to the City an easement and right-of-way for streets, highways,
sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare
the same for public use, and an easement and right-of-way for earth embankment
slopes, together with the right to construct and maintain such slopes and embankments
and facilities incidental thereto, over, under, along and across the real property as more
particularly defined in the ROW Agreement. The ROW Agreement provides for an
escrow for the collection, processing and recordation of documents as provided in the
ROW Agreement (the "Escrow").
D. The Parties desire by this Agreement to provide the terms and conditions
for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as
defined below, over the Easement Area.
AGREEMENT
w
NOW, THEREFORE, in consideration of performance by the Parties of the promises,
covenants, and conditions herein contained and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
Grantor hereby grants to City and its assignees, including its contractor(s), the
right to enter upon and use the Easement Area (as Easement Area is identified
and described in 12 below), representing a portion of Grantor's Property in the
City of Palm Springs, Riverside County, State of California, (described as
Assessor's Parcel Number(s) 669-100-001) for all purposes necessary to
facilitate and accomplish the construction and installation of various public street
improvements ("Temporary Construction Easement") associated with the
Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal
Project No. BRLO-5282 (017), City Project No. 01-11 ("Project").
2. The Temporary Construction Easement, used during construction of the Project
consists of approximately 59,947 square feet as described on the attached legal
description, referenced as Exhibit "A", and shown on the attached map,
referenced as Exhibit " B" (hereinafter the "Easement Area").
3. It is agreed and confirmed by the parties hereto that notwithstanding other
provisions in this Agreement, the right of possession and use of the Easement
Area by the Grantee, including the right to remove and dispose of improvements,
shall commence on the close of escrow controlling this transaction, whichever
occurs first, and the amount shown in Section 13 herein includes, but is not
limited to, full payment for such possession and use, including damages, if any,
from said date. Temporary Construction Easement will expire on July 1, 2022 or
the City's recordation of a Notice of Completion for the Project with the Riverside
County Recorder's Office whichever occurs first, the Temporary Construction
Easement granted herein shall be automatically surrendered by Grantee, and
Grantee's interests thereto shall be automatically reverted to Grantor as if
quitclaimed by Grantee, and shall no longer represent any title interest of or to
Grantor's Property. Nevertheless, if requested by Grantor following such
termination, City will execute a quitclaim deed confirming such termination.
4. The rights granted herein include the right to enter upon and to pass and repass
over and along the Easement Area, and to deposit tools, implements and other
materials thereon by City, its officers, agents and employees, and by persons or
entities under contract with City, wherever and whenever necessary for the
purpose of completing the Project in accordance with applicable laws. The City's
activities may involve surveying, staking, excavation, grading, and other related
uses that are reasonably required to construct the Project. City agrees not to
damage Grantor's property in the process of performing such activities. Grantee
will maintain ingress and egress of property throughout the course of
construction, except during construction when a short-term closure will be
necessary to coordinate driveway relocation efforts, but no more than four
consecutive days.
5. At the termination of the period of use of Grantor's land by City, but before its
relinquishment to Grantor, debris generated by City's use will be removed and
the surface will be graded, if applicable, and restored to a condition substantially
the same condition as existed before commencement of the construction of the
Project to the extent feasible, unless otherwise agreed to by the Grantor and
otherwise left in a neat, clean and orderly condition devoid of trash and debris.
6. Any notice to be given or other document or documents to be delivered to either
Party by the other hereunder may be delivered in person or may be deposited in
the United States Mail in the State of California, duly registered or certified, with
postage prepaid, and addressed as follows:
If to Grantee, to:
Attn: City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8332
Telephone No.: (760) 323-8204
If to Grantor, to:
Mr. Brad Williams
Granite Construction Company
38000 Monroe St
Indio, CA 92203
With a mandatory copy to:
Granite Construction Company, a California Corporation
PO Box 50085
Watsonville, CA 95077
Attn: General Counsel
7. To the fullest extent permitted by law, City (and its contractor) shall indemnify,
defend and hold harmless Grantor, Granite Construction Incorporated and their
officers, directors, employees and agents (collectively "Indemnitees" and
individually an "Indemnitee") from any third party claims for all losses, liabilities,
costs, damages, expenses, causes of action, suits, claims or judgments,
including reasonable attorney's fees and costs, (collectively, "Claims") arising
out of or alleged to arise out of or in connection with any act or omission of City,
its employees, representatives, agents, suppliers, contractors or subcontractors
pursuant to this Agreement or otherwise in connection with the construction and
installation of various public street improvements as contemplated by the
Temporary Construction Easement, provided, however, that the foregoing duty
to indemnify and hold harmless the Grantor from and against any Claims shall
not apply to any non -appealable judgments, resolutions or determinations to the
extent caused by the active negligence or intentional misconduct of Grantor.
The City agrees, at its own expense, to keep in full force and effect for a period of
no less than two (2) years following the filing of the Notice of Completion (as
provided in Article 3 of this Agreement), the following insurance and minimum
limits: (i) commercial general liability insurance in an amount not less than
$2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, property
damage, personal injury, and products completed coverages; (ii) worker's
compensation insurance in an amount not less than that required by applicable
law; (iii) employer's liability coverage in an amount not less than $1,000,000; and
(iv) automobile liability insurance (including all owned, non -owned, and hired
automobiles) in an amount not less than $1,000,000 each occurrence with a
combined single limit of not less than $1,000,000. Within 5 days after execution
of this Agreement, the City shall fumish a certificate of insurance (ACORD form
25S) from each insurance company providing coverage to the City showing that
the required insurance coverage (including minimum limits) is in force, stating
policy numbers, dates of expiration, deductible amounts applicable to each policy,
and limits of liability thereunder, together with the endorsements required below,
and further providing that the insurance will not be canceled, modified or changed
until the expiration of at least thirty (30) calendar days after written notice of such
cancellation, modification or change has been mailed by certified mail to Grantor.
The Indemnitees shall be named, by endorsement (using standard ISO form CG
20 10 04 13 in combination with ISO form CG 20 37 04 13 or the equivalent, as
determined by Grantor), as additional insureds on the commercial general liability
insurance policy maintained by the City. Additionally, the commercial general
liability and automobile liability policies shall be endorsed to stipulate that the
insurance afforded the additional insureds shall apply as primary insurance
without qualification and that any insurance maintained by the Indemnitees shall
be in excess only and shall not be called upon to contribute with the insurance of
the City. All insurance carriers providing coverage under this paragraph 7 must
have an A.M. Best insurance rating of no less than A-1 IX. The City for itself and
on behalf of its insurers hereby waives and releases the additional insureds from
liability for all claims which are covered by said insurance. The City shall obtain a
waiver of any subrogation right that any of its insurers may acquire against any of
the additional insureds by virtue of payment of any such liability covered by the
insurance. In no way do the above minimum insurance requirements limit the
liability assumed herein or elsewhere in this Agreement.
The City shall require all contractor and their subcontractors to carry insurance of
the same kinds and coverages and minimum limits required herein, with the
Indemnitees listed as additional insureds. In the event the City fails to obtain the
proof of coverage certificates required herein and a claim is made or suffered, the
City shall indemnify, defend and hold harmless the Indemnitees from any and all
claims for which the required insurance would have provided coverage.
8. Grantor hereby warrants that it is the owner of the Property described above
and that it has the right to grant City, its successors or assigns, permission to
enter upon and use the Easement Area as provided in this Agreement.
9. This Agreement is the result of negotiations between the Parties hereto. This
Agreement is intended by the Parties as a final expression of their understanding
with respect to the matters herein, and is a complete and exclusive statement of
the terms and conditions thereof.
10. This Agreement shall not be changed, modified, or amended except upon the
written consent of the Parties hereto.
11. This Agreement supersedes any and all other prior agreements or
understandings, oral or written, in connection therewith.
12. Grantor, its assigns and successors in interest, shall be bound by all the terms
and conditions contained in this Agreement, and all the Parties thereto shall be
jointly and severally liable thereunder in accordance with Civil Code Section
1468.
13. City shall pay to Grantor the total sum of Forty -Four Thousand Nine Hundred
Sixty Dollars and Forty Cents ($44,960.40), (the "Rental Price"), for the right
to enter upon and use Grantor's land in accordance with the terms hereof.
Grantor hereby expressly and unconditionally waives any and all claims for
damages, relocation assistance benefits, severance damages, interest, loss of
goodwill, claims for inverse condemnation or unreasonable pre -condemnation
conduct, or any other compensation or benefits, other than for payment of the
Rental Price, it being understood that the Rental Price constitutes complete and
full settlement of all acquisition claims, liabilities, or benefits of any type or nature
whatsoever, whether known or unknown as of the date of this Agreement,
relating to or in connection with the Temporary Construction Easement or any
other rights granted under this Agreement. Payment shall be made upon the
close of Escrow.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and
year first above written.
GRANTEE:
CITY OF PALM SPRINGS, a California
charter city and municipal corporation,
GRANTOR:
Granite Construction Company, a
California Corporation
By.
By: Chris Miller, Executive Vice President
David H. Ready, City Mana
APPROVED IBY CITY COUNCIL
ATTEST: P16M I . fl . 5 � 11 Aw
� Cv�k ttOq r �� f v,\-e-� v.�. U-� GLef I -
APPROVED AS TO FORM:
WOOD SPRADLIN & SMART
BY:.,
Esq., City Attorney
��l ward Z V44- ) i V,
Exhibit List
Exhibit A -- Legal Description of the Easement Area
Exhibit B -- Depiction of Easement Area
Temporary Construction Easement Agreement
Page 5 of 5
ACKNOWLEDGEMENT
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 Santa Cruz )
On April 17, 2017 before me, Jennifer Bowling , Notary
Public, personally appeared
Chris Miller , 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 ha nd seal. NotEarypublicc-Cal nia
Santa Cruz County
Commission t 218206S
MY COMM. Eora Feb 28, 2021
Signature
My Commission Expires: 2/28/2021
notarial seal
c c�
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
AP 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1961; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00°19'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF A STRIP OF LAND 200
FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY
ACT OF CONGRESS, APPROVED ON JULY 27, 1866 AND APPROVED ON MARCH
3, 1871 AND AS SET FORTH IN THE PATENT FROM THE UNITED STATES OF
AMERICA TO THE SOUTHERN PACIFIC RAILROAD COMPANY RECORDED JULY
31, 1905 IN BOOK 3, PAGE 228 OF PATENTS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; SOUTH 50°53'07" EAST 44.91 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 0°19'08" WEST 286.20
FEET;
2. THENCE SOUTH 3026'21" WEST 416.60 FEET;
3. THENCE SOUTH 75°14;'39" EAST 13.84 FEET;
4. THENCE SOUTH 0019'08" WEST 97.66 FEET;
5. THENCE SOUTH 72010'42" WEST 12.34 FEET;
6. THENCE SOUTH 33016'19" WEST 18.52 FEET;
7. THENCE SOUTH 5017'23" WEST 33.26 FEET;
8. THENCE NORTH 89040'52" WEST 1.05 FEET TO A LINE PARALLEL WITH AND
DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE
WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY LINE ALSO BEING
THE CENTER LINE OF SAID INDIAN CANYON DRIVE;
9. THENCE ALONG SAID PARALLEL LINE SOUTH 00"19'08" WEST 915.00 FEET;
10. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'50" EAST 14.17 FEET;
11. THENCE NORTH 0019'08" EAST 260.33 FEET;
12. THENCE NORTH 1 "21'35" EAST 329.72 FEET;
13. THENCE NORTH 89040'50" WEST 5.16 FEET;
14. THENCE NORTH 0019'08" EAST 372.66 FEET;
15. THENCE SOUTH 89040'50" EAST 37.46 FEET;
16. THENCE NORTH 80038'03" EAST 33.04 FEET;
17. THENCE NORTH 68044'51" EAST 34.25 FEET;
18. THENCE NORTH 61 °00'48" EAST 36.52 FEET;
19. THENCE NORTH 5403544" EAST 77.74 FEET;
20. THENCE SOUTH 77055'41" EAST 29.15 FEET;
21. THENCE SOUTH 0000'00" WEST 83.29 FEET;
Page 1 of 2
c
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-100-001
22. THENCE SOUTH 89°40'50" EAST 50.00 FEET;
23. THENCE NORTH 0000'00" EAST 96.02 FEET;
24. THENCE NORTH 44056'24" EAST 20.78 FEET;
25. THENCE SOUTH 89"40'50" EAST 62.78 FEET;
26. THENCE NORTH 0019'10" EAST 50.00 FEET;
27. THENCE NORTH 86053'26" WEST 102.72 FEET;
28. THENCE NORTH 89040'50" WEST 88.80 FEET;
29. THENCE SOUTH 70038'30" WEST 35.64 FEET;
30. THENCE SOUTH 66058'13" WEST 90.83 FEET;
31. THENCE NORTH 89040'50" WEST 31.75 FEET;
32. THENCE NORTH 3026'21" EAST 412.15 FEET;
33. THENCE NORTH 0019'08" EAST 274.55 FEET TO THE SOUTHWESTERLY LINE
OF SAID 200-FOOT WIDE STRIP OF LAND;
34. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°53'07" WEST 19.25
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 59,947 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 2 of 2
EXHIBIT "B" SA 1/4 Jr
P.O.L. 1\1 7] J J A
INT. OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.) rJ~' C, 2
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2 ! 1 , 3 J !r'i , 4
_ JJ JJ JJ
J"'1, �f E,
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
1/23/1912 IN BK. 344. PG. 227 OF DEEDS.
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R.
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013
AS DOC. NO. 2013-0360350 O.R.
�'(14 F
No. 7354
CAI.
0 100 200
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MULTIPLY DISTANCE BY 1.00002570
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LEGENF-/7-/71 TEMPORARY EA
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P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
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BY: DATE:
BY: KA DATE:5-29-15
D BY: MH DATE:12-18-15
ED BY: DATE:
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PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 1N BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
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REC. 04/05/2006 AS DOC. NO.
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E3 POLE LINE EASEMENT IN
FAVOR OF CALIFORNIA
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P.O.C.
REC. 11 /16/1948 IN
INT. OF THE CENTER LINE OFJ 3 '
BK, 1027, PG. 213 O.R.
INDIAN CANYON DR. (INDIAN AVE.)
NO WIDTH GIVEN.
AND SOUTHERN PACIFIC RAILROAD
E4 UTILITY EASEMENT IN
AS SHOWN ON ROS 18/2 c N
FAVOR OF SOUTHERN
CALIFORNIA EDISON
REC. 12/23/2014 IN
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LENGTH
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44.91'
L2
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416.60'
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CHECKED BY: MH
APPROVED BY:
TEMPORARY CONSTRUCTION EASEMENT
AREA = 59,947 SO. FT., MORE OR LESS
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
PLOTTED EASEMENT (SEE ABOVE)
DATE:
DATE: 5-29-15
DATE:12-18-15
DATE:
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13.84'
L5
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12.34'
L6
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18.52`
L7
S 05'1 T23" W
33.26'
LB
N 89'40'52" W
1.05'
L9
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329.72'
L10
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T 4 SHEET 3 OF 4 SHEETSI
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DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE: 12-18-15 APN 669-100-001 DWG NO
APPROVED BY: DATE: GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
C.
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I
SHEET 4 OF 4 SHEETS
REVISED BY: DATE: SCALE
CITY OF PALM SPRINGS 1- =1o0'
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY. MH DA7E:12-18-15 APN 669-100-001 DWG. NO.
APPROVED BY: Dq�. GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
CITY OF PALM SPRINGS
PERMIT TO ENTER AND CONSTRUCT
Date: April 17, 2017
APN: 669-100-001
Savat Khamphou
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Khamphou,
EXHIBIT
8-EX-27 (Rev. 6/95)
Permission is hereby granted to the City of Palm Springs, or its authorized agent, to enter upon my
property as depicted on the attached map for purposes of replacing and constructing the following
improvements, two steel post, 240 SF of North Block Wall and 320 SF of South Block Wall, 760 SF of
gravel driveway to be replaced with concrete pavement and approved landscaping.
This permission is granted in consideration of the benefits which may accrue to my property as
listed above.
This permission shall terminate upon completion of the project known as Indian Canyon Drive
Widening and Bridge Replacement @ UPRR Project.
This permission is granted in consideration of the location, improvement, and construction of such
roadway and incidents thereto, which it is understood as required by the City of Palm Springs.
RECOMMENDED FOR APPROVAL:
By
Fori Ico, SRIWA
of 1y Manager
;n Engineering
ATTEST:
:f4kriM City Clerk &�Ikkzt,, r
Granite Construction Company, a California
Corporation
Chris Miller, Executive Vice President
ACCEPTED:
CITY OF PALM SPRINGS1
Dated %J FAIJ, A111 �o * l + ao1l
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CITY COUNSEL FALkd 2. V4*y_j n
APPROVED BY CITY COUNCIL
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RECORDING REQUESTED BY
Lawyers Title Company
AND WHEN RECORDED MAIL TO:
Granite Construction Company
585 West Beach Street
Watsonville, CA 95076
Attn: General Counsel
APN: 669- 100-001 -1 / TRA: 0 11-0 17
Escrow No: PSL10994 - LT140 - KR
Title No: 616670030
Space Above This Line For Recorder's Use
AGREEMENT FOR RELEASE OF DISPUTED INTEREST
THIS AGREEMENT FOR RELEASE OF DISPUTED INTEREST (this "Agreement") is
dated for reference purposes as of May 15, 2019, by and between GRANITE CONSTRUCTION
COMPANY, a California corporation ("Landlord"), and GARNET SOLAR POWER
GENERATION STATION 1 LLC, a Delaware limited liability company ("Tenant").
RECITALS
A. WHEREAS, Landlord and Tenant have entered into that certain "Ground Lease
Agreement" dated September 5, 2012 (as amended or modified, the "Lease'), pursuant to which
Landlord leased to Tenant certain real property located in Palm Springs, California, consisting of
forty (40) acres as more specifically described in the Lease (the "Leased Premises") together with
certain easements as more specifically referred to in the Lease (the Leased Premises together with
the easements are referred to in the Lease and herein as "Site"). The Lease is evidenced by that
certain "Memorandum of Lease and Easements (With Option For Renewal)," dated July 24, 2013
(the "Memorandum"), which was recorded on or about July 26, 2013, as Instrument No. 2013-
0360350, in the Official Records of the County of Riverside, State of California (the "Official
Records").
B. The Site is a portion of the real property owned by Landlord (the "Land") which
Landlord owned real property is more particularly described in the Lease.
C. WHEREAS, Tenant currently owns and operates a photovoltaic power generation
station (the "Solar Facility") on the Leased Premises.
D. WHEREAS, the City of Palm Springs ("City") seeks to acquire easements in two
portions of the Land in connection with a project involving the widening of Indian Canyon Drive
and the related replacement of a bridge (the "Project"). The specific easements sought by the City,
and the affected portions of the Land, are as follows: (1) a right-of-way easement (the "Right -of -
Way Easement") over the property described in Exhibits "A- I" and "A-2" attached hereto (the
L C'
"Right -of -Way Easement Area"), and (2) a slope easement (the "Slope Easement") over the
property described in Exhibits "B-1" and "B-2" attached hereto (the "Slope Easement Area").
E. WHEREAS, as part of its efforts to acquire the Right -of -Way Easement and Slope
Easement (collectively, the "Easements") and complete the Project, the City has entered into a
series of agreements with Landlord, including, without limitation, (1) an agreement entitled
"Right -of -Way Agreement for Acquisition of Real -Property Interest and Escrow Instructions,"
dated April 17, 2017, pursuant to which Landlord has agreed to sell the Easements to the City for
a price of $23,258.00, and (2) an agreement entitled "Temporary Construction Easement
Agreement," dated April 17, 2017, pursuant to which Landlord has agreed to grant a temporary
construction easement to the City for a price of $44,960.40.
F. WHEREAS, In order for the City to close escrow with Landlord under the Right -
of -Way Agreement for Acquisition of Real -Property Interest and Escrow Instructions, and thereby
acquire the Easements, the City is requesting that Tenant release its leasehold interests over the
area of the Land that is covered by the Easements.
G. WHEREAS, Landlord and Tenant have a disagreement as to whether Tenant has
any leasehold interest in any portion of the Land that is subject to the Easements but, in order to
facilitate the Project, Tenant and Landlord have agreed to enter into this Agreement to provide for
Tenant's release of the leasehold interest, if it has any such leasehold interest, in the area of the
Land that is subject to the Easements. As used in this Agreement, the Right -of -Way Easement
Area and the Slope Easement Area are referred to collectively as the "Disputed Premises."
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, Landlord and Tenant agree as follows:
1. Capitalized Terms. Terms capitalized in this Agreement but not defined herein shall
have the meaning ascribed to them in the Lease.
2. Release of Claimed Interest. As to the Disputed Premises alone (and no other
portion of the Land), the Lease and the Memorandum to the extent applicable to the Disputed
Premises shall be and hereby are terminated and cancelled, and the term thereof brought to an end,
as of the "Effective Date" (defined in Paragraph 2 below).
3. Effective Date. The "Effective Date" of this Agreement is the date first written
above.
4. Lease Terms Retain Full Force and Effect, and Are Incorporated by Reference
Herein. Except as specifically modified herein, the Lease and the Memorandum shall remain in
full force and effect. In addition, in interpreting, applying, and enforcing this Agreement, the terms
and definitions in the Lease shall control, except as specifically modified herein. Except as
expressly modified herein, the terms of the Lease are incorporated herein by reference.
5. Tenant Retains All Ri_ is to Assert Claims for Impacts to the Disputed Premises
and the Solar Facility. Nothing in this Agreement shall impact the right or ability of Garnet to
assert any claim, as against the City, that it has suffered any losses or impacts, including but not
limited to any losses of revenues and/or business goodwill, as a result of the Project, the
-2-
construction of the Project, the City's acquisition of the Easements, and/or the entering into of the
"Right -of -Way Agreement for Acquisition of Real -Property Interest and Escrow Instructions,"
dated April 17, 2017, and/or the "Temporary Construction Easement Agreement," dated April 17,
2017, by Granite and the City.
6. Without limiting the generality of the foregoing, Tenant asserts that it may have
certain rights, pursuant to Paragraph 10.1 of the Lease, to receive compensation, a rent -reduction
under the Lease, a portion of any settlement or other proceeds to Landlord, and/or other remedies
from Landlord in the event a public agency condemns, or acquires under threat of condemnation,
a portion of the Leased Premises. Nothing in this Agreement, or in the related Agreement
Regarding Impact Mitigation Measures between Tenant and the City, shall be deemed a waiver or
relinquishment by Tenant of, or otherwise impact, any rights Tenant may have under Paragraph
10.1 of the Lease to assert claims for loss, damages, compensation, rent reduction, or other
remedies allowed by that provision in relation to the City's acquisition of the Disputed Premises
and/or Landlord's agreement to grant the Easements over the Disputed Premises to the City. Nor
shall anything in this Agreement be construed as an admission that Tenant has any leasehold
interest in any of the Disputed Premises.
IN WITNESS WHEREOF, the parties have executed this Partial Termination of Lease
Agreement as of the date first above written.
GRANITE CONSTRUCTION COMPANY,
a California corporation
By:
Name: Kenneth B. Olson
Title: Vice President & Treasurer
"Landlord"
GARNET SOLAR POWER GENERATION
STATION 1 LLC, a Delaware limited liability
company
By:_
Name:
Title:
"Tenant"
-3-
ACKNOWLEDGEMENT
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 )
) ss.
COUNTY OF Santa Cruz )
On May 15, 2019, before me, Lauren Beauchemin Hartwick, Notary Public, personally appeared
Kenneth B. Olson, 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
+lAUREN DEAUCHEAMN HARTWICK
Notary Public • California
Santa Cruz County
r + Commission N 2237317
My Comm. Expires Apr !. 2022
My Commission Expires: April S, 2022 This area for official notarial seal
RECORDING REQUESTED BY
Lawyers Title Company
AND WHEN RECORDED MAIL TO:
Granite Construction Company
585 West Beach Street
Watsonville, CA 95076
Attn: General Counsel
APN: 669- 100-001 -1 1 TRA: 0 11-0 17
Escrow No: PSLI0994 - LT140 - KR
Title No: 616670030
Space Above This Line For Recorder's Use
AGREEMENT FOR RELEASE OF DISPUTED INTEREST
THIS AGREEMENT FOR RELEASE OF DISPUTED INTEREST (this "Agreement") is
dated for reference purposes as of May 15, 2019, by and between GRANITE CONSTRUCTION
COMPANY, a California corporation ("Landlord"), and GARNET SOLAR POWER
GENERATION STATION 1 LLC, a Delaware limited liability company ("Tenant").
RECITALS
A. WHEREAS, Landlord and Tenant have entered into that certain "Ground.Lease
Agreement" dated September 5, 2012 (as amended or modified, the "Lease"), pursuant to which
Landlord leased to Tenant certain real property located in Palm Springs, California, consisting of
forty (40) acres as more specifically described in the Lease (the "Leased Premises") together with
certain easements as more specifically referred to in the Lease (the Leased Premises together with
the easements are referred to in the Lease and herein as "Site"). The Lease is evidenced by that
certain "Memorandum of Lease and Easements (With Option For Renewal)," dated July 24, 2013
(the "Memorandum"), which was recorded on or about July 26, 2013, as Instrument No. 2013-
0360350, in the Official Records of the County of Riverside, State of California (the "Official
Records").
B. The Site is a portion of the real property owned by Landlord (the "Land") which
Landlord owned real property is more particularly described in the Lease.
C. WHEREAS, Tenant currently owns and operates a photovoltaic power generation
station (the "Solar Facility") on the Leased Premises.
D. WHEREAS, the City of Palm Springs ("City") seeks to acquire easements in two
portions of the Land in connection with a project involving the widening of Indian Canyon Drive
and the related replacement of a bridge (the "Project"). The specific easements sought by the City,
and the affected portions of the Land, are as follows: (1) a right-of-way easement (the "Right -of -
Way Easement") over the property described in Exhibits "A-1" and "A-2" attached hereto (the
"Right -of -Way Easement Area"), and (2) a slope easement (the "Slope Easement") over the
property described in Exhibits `B-1" and `B-2" attached hereto (the "Slope Easement Area").
E. WHEREAS, as part of its efforts to acquire the Right -of -Way Easement and Slope
Easement (collectively, the "Easements") and complete the Project, the City has entered into a
series of agreements with Landlord, including, without limitation, (1) an agreement entitled
"Right -of -Way Agreement for Acquisition of Real -Property Interest and Escrow Instructions,"
dated April 17, 2017, pursuant to which Landlord has agreed to sell the Easements to the City for
a price of $23,258.00, and (2) an agreement entitled "Temporary Construction Easement
Agreement," dated April 17, 2017, pursuant to which Landlord has agreed to grant a temporary
construction easement to the City for a price of $44,960.40.
F. WHEREAS, In order for the City to close escrow with Landlord under the Right -
of -Way Agreement for Acquisition of Real -Property Interest and Escrow Instructions, and thereby
acquire the Easements, the City is requesting that Tenant release its leasehold interests over the
area of the Land that is covered by the Easements.
G. WI IEREAS, Landlord and Tenant have a disagreement as to whether Tenant has
any leasehold interest in any portion of the Land that is subject to the Easements but, in order to
facilitate the Project, Tenant and Landlord have agreed to enter into this Agreement to provide for
Tenant's release of the leasehold interest, if it has any such leasehold interest, in the area of the
Land that is subject to the Easements. As used in this Agreement, the Right -of -Way Easement
Area and the Slope Easement Area are referred to collectively as the "Disputed Premises."
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, Landlord and Tenant agree as follows:
1. Capitalized Terms. Terms capitalized in this Agreement but not defined herein shall
have the meaning ascribed to them in the Lease.
2. Release of Claimed Interest. As to the Disputed Premises alone (and no other
portion of the Land), the Lease and the Memorandum to the extent applicable to the Disputed
Premises shall be and hereby are terminated and cancelled, and the term thereof brought to an end,
as of the "Effective Date" (defined in Paragraph 2 below).
3. Effective Date. The "Effective Date" of this Agreement is the date first written
above.
4. Lease Terms Retain Full Force and Effect, and Are Incorporated by Reference
Herein. Except as specifically modified herein, the Lease and the Memorandum shall remain in
full force and effect. In addition, in interpreting, applying, and enforcing this Agreement, the terms
and definitions in the Lease shall control, except as specifically modified herein. Except as
expressly modified herein, the terms of the Lease are incorporated herein by reference.
5. Tenant Retains All Rights to Assert Claims for Impacts to the Disputed Premises
and the Solar Facility. Nothing in this Agreement shall impact the right or ability of Garnet to
assert any claim, as against the City, that it has suffered any losses or impacts, including but not
limited to any losses of revenues and/or business goodwill, as a result of the Project, the
-2-
construction of the Project, the City's acquisition of the Easements, and/or the entering into of the
"Right -of -Way Agreement for Acquisition of Real -Property Interest and Escrow Instructions,"
dated April 17, 2017, and/or the "Temporary Construction Easement Agreement," dated April 17,
2017, by Granite and the City.
6. Without limiting the generality of the foregoing, Tenant asserts that it may have
certain rights, pursuant to Paragraph 10.1 of the Lease, to receive compensation, a rent -reduction
under the Lease, a portion of any settlement or other proceeds to Landlord, and/or other remedies
from Landlord in the event a public agency condemns, or acquires under threat of condemnation,
a portion of the Leased Premises. Nothing in this Agreement, or in the related Agreement
Regarding Impact Mitigation Measures between Tenant and the City, shall be deemed a waiver or
relinquishment by Tenant of, or otherwise impact, any rights Tenant may have under Paragraph
10.1 of the Lease to assert claims for loss, damages, compensation, rent reduction, or other
remedies allowed by that provision in relation to the City's acquisition of the Disputed Premises
and/or Landlord's agreement to grant the Easements over the Disputed Premises to the City. Nor
shall anything in this Agreement be construed as an admission that Tenant has any leasehold
interest in any of the Disputed Premises.
IN WITNESS WHEREOF, the parties have executed this Partial Termination of Lease
Agreement as of the date first above written.
GRANITE CONSTRUCTION COMPANY,
a California corporation
By:_
Name:
Title:
"Landlord"
GARNET SOLAR POWER GENERATION
STATION 1 LLC, a Delaware limited liability
company
Y:
Name: 0 at 4
Title: IQSl
"Tenant"
-3-
ACKNOWLEDGEMENT
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 )
ss.
COUNTY OF ,f' }
On before me, t6VIVIIJAW VjVVr , Notary Public, personally
appear 441 , who proved to me on the basis
of satisfactory evidence to be the personal whose name(() is/are-subscribed to the within
instrument and acknowledged to me that he/sloe/they executed the same in his/her/their-authorized
capacity(ies), and that by his/110their signature(s.)-on the instrument the person*, or the entity
upon behalf of which the person�syacted, 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.
WI E, my and and official seal.
Sign -
My Commission Expires: w
SFiARON JOAN KlM
Commission # 2122923
a Notary Public - California a
z
z Orange County
Comm. Ex ices Aug10, 2019
This area for official notarial seal
{
EXHIEIT "A-1"
RIGHT-OF-WAY EASEMENT
APN 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION
23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN
CANYON DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
747.79 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
71.01 FEET;
2. THENCE LEAVING SAID PARALLEL LINE NORTH 72010'42" EAST 27.07 FEET;
3. THENCE NORTH 00019'08" EAST 55.96 FEET;
4. THENCE NORTH 75"14'39" WEST 26.56 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 1,633 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE ' ` 1 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 1 of 1
EXHIBIT "A-2" SVV 1/4 DF
P.O.C. N IJ 4
INT. OF THE CENTER LINE OFAl
INDIAN CANYON DR. (INDIAN AVE.) UE� G, r
�
AND SOUTHERN PACIFIC RAILROAD \ t1,� f`l�,
AS SHOWN ON ROS 18/2 \
� IWI�
A S
APN 669-100-001 NQN-PLOTTABLE EASEMEN15
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
1/23/1912 IN BK. 30, PG. 227 OF DEEDS, r f�
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R. vs Z
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013is 0
AS DOC. NO. 2013-0360350 O.R. �,� f
�9 LAND S� C) � Ix
Q 1 i a sij R1 -41 E.0
w,el ( A 0 APN 669-100-001
Z
No. 7354 1
0 100 200 400
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LEQENQ
®RIGHT-OF-WAY EASEMENT
AREA a 1.633 50, FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
E# PLOTTED EASEMENT (SEE SHEET 2)
SHEET I OF 2 SKE75
REVISED BY: — DAIE: CITY OF PALM SPRINGS scoku
IN - 200'
DRAWN BY: KA DATE:5-29-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE.12-18-15 APN 669-100-001 w N0.
APPROVED BY: DATE: GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
0
L
PLOTTED EASEMENTS
El OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSIDI
REC. 10/22/1952 IN BK. 1409. PG.
566 O.R. AND BK. 1409, PG. 575 0.1
N N SW 1/4 OF
NW !/4
I BEG, 23
f r 4 r
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN EDISON I
REC. 04/05/20M /2006 AS AS OOC. N0.
2006-0244157 O.R. _
E3 POLE LINE EASEMENT IN P.O.C. f
FAVOR OF CALIFORNIA INT. OF THE CENTER UNE OF
ELECTRIC POWER CO. INDIAN CANYON DR. (INDIAN AVE.)
REC. 11/16/1948 IN AND SOUTHERN PACIFIC RAILROAD
BK. 1027, PG. 213 O.R. AS SHOWN ON ROS 18/2 I
NO 'MOTH GIVEN.
96
_ �u U.0 24
- - T, 3 8),, � 4 L
0 5o 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
S 0019'08" W
71.01'
L2
N 7210'06 E
27.07'
L3
N 0D'19'0B" E
55.96
L4
N 751439' W
26.56'
W
LEGEN
RIGHT—OF—WAY EASEMENT
AREA - 1,633 SO. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
El PLOTTED EASEMENT (SEE ABOVE)
REVISED BY: DATE:
DRANIN BY: KA DATE: 5-29-15
CHECKED BY: MH DATE:12-18-15
APPROVED BY: DATE:
125' 1 75'
—WAY PERJ R.S. 18/1
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CITY OF PALM SPRINGS I ,- ;- = too'
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
CONSTRUCTION CO., A CALIFORNIA I
EXHIBIT "B-1"
SLOPE EASEMENT
APN 669-100-001
NORTHERLY SLOPE -EASEMENT
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00"19'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50053'07" EAST 96.23
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A' AND A LINE
PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY
LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
I. THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST 747.79 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 75014'39" EAST 26.56 FEET;
3. THENCE NORTH 00019'08" EAST 20.65 FEET;
4. THENCE NORTH 75014'39" WEST 13.84 FEET;
5. THENCE NORTH 3"26'21" EAST 416.60 FEET;
6. THENCE NORTH 0019'08" EAST 286,20 FEET TO THE SOUTHWESTERLY LINE
OF A STRIP OF LAND 200 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC
RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON JULY 27, 1866
AND APPROVED ON MARCH 3, 1871 AND AS SET FORTH IN THE PATENT
FROM THE UNITED STATES OF AMERICA TO THE SOUTHERN PACIFIC
RAILROAD COMPANY RECORDE❑ JULY 31, 1905 IN BOOK 3, PAGE 228 OF
PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
7. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°53'07" WEST 44.91
FEET TO THE TRUE POINT OF BEGINNING.
SOUTHERLY SLOPE EASEMENT
BEGINNING AT SAID POINT 'A' THENCE ALONG SAID PARALLEL LINE SOUTH
00019'08" WEST 818.81 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
65.13 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'52" EAST 1.05 FEET
3. THENCE NORTH 5017'23" EAST 33.26 FEET;
4. THENCE NORTH 33016'19" EAST 1 B.52 FEET;
5. THENCE NORTH 72010'42" EAST 12.34 FEET;
Page 1 of 2
G
EXHIBIT "B-1"
SLOPE EASEMENT
APN 669-100r001
6. THENCE NORTH 00019'10" EAST 21.05 FEET;
7. THENCE SOUTH 72010'42" WEST 27.07 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 21,595 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 14 � 12-18 2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 2of2
EXHIBIT "B-2" SW J/4 OF
P.O.C. ; NW 1I
TNT, OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.) -- \U � 0. ! a
AND SOUTHERN PACIFIC RAILROAD T, 3 s,o Fi, 4
AS MOWN ON ROS 18/2 \
_ _SE� 0, 22
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
1/23/1912 IN BK. 344, PG. 227 OF DEEDS
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R.
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013
AS DOC. NO. 2013--03503M O.R.
:,- A >
No. 7354
0 100 200 400
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
T.`sl
LEGEND
SLOPE EASEMENT (SLOPE)
AREA - 21.595 SQ. FT., MORE OR LESS
P.O.C.
POINT OF COMMENCEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
Ef
PLOTTED EASEMENT (SEE SHEET 2)
BY: DATE:
BY: KA DATE.5-29-15
D BY: MH DATE:12-18-15
ED BY: DATE:
I ! w
Z I
�- E2
SW 1/4
o MPG, 23
APN 669-100-001
E3
CITY of PALM "Ncs
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
CONSTRUCTION CO., A CALIFORNIA CDR
I
1" = 200'
L
rA
C
PLOTTED _EASEMENTS.
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 Q.R.
E3 POLE LINE EASEMENT IN
w
FAVOR OF CALIFORNIA
P.O.C.
'��v
ELECTRIC POWER CO.
INT. OF THE CENTER LINE OF , 3
REC, 11/16/1948 IN
INDIAN CANYON DR. (INDIAN AVE.) • W
pi
BK. 1027, PG. 213 O.R.
AND SOUTHERN PACIFIC RAILROAD j
NO WIDTH GIVEN.
AS SHOWN ON ROS 18/2 9
0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
N 50'53'07' W
44.91'
L2
N 0376'21" E
416.60'
P.O.C.
T.P.O.B.
El
REVISED BY:
SLOPE EASEMENT (SLOPE)
AREA - 21,595 SO. FT., MORE OR LESS
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
PLOTTED EASEMENT (SEE ABOVE)
i
SW lJ4 OF:
NW 14
3SeG, 20
ro
s
0A
T.P.O.B.
N'LY SLOPE
& PT. 'A'
m
125
75'
.
RIGHT-OF-WAY PER
R.S.
18/17
•' `�'
CLI
aiOD
>�
r
im
Z
•�
0 ` I
E3
•'�
U �
�
�-
cr,
g
;1
SEE
SHE
X CITY OF PALM SPRINGS
DRAWN BY: KA DATE:5-29-15
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:12-18-15 APN 669-100-001
APPROVED BY: DATE: GRANITE CONSTRUCTION CO., A CALIFORNIA c
E2
ui
ET 3
SHEET 2 OF 3 SHEETS
1' - 100'
c
c
ttj
r`
SEE DETAIL "A
THIS SHEET
CIa 125'
RIGHT OF -WAY
IT OIL
S'LY I
SLOPE I
E3 f
�L7
..f�.... a . a
NOT TO SCALE
BY:
BY: KA
3 BY: MH
ED BY:
SEE SHEET 2
W 1/4
r � SC, 23
r �`
y i I 3 S., J i f Ei
V^i APN 669-100-001
E3
tn
iT.P.O.B. l� >-L4
1FEE � 1
T.P.O.B.
S'LY
SLOPE
75'
18/1
CD
£f3 co
LINE TABLE
LINE
BEARING
LENGTH
L2
N 03'2621" E
416.60'
U
N 7594'39" W
26.%
L4
N 0099'08" E
20.65'
L5
N 751439' W
13.84'
Lb
I S ODI9'DB" W
65.13'
L7
S 89'40'52" E
1.05'
L6
N 051 7'23' E
33.26'
L9
N 3316'19" E
111.52'
L10
N 72142 E
12.34'
L11
N 0019*10" E
21.05'
L12 IS
7210'42" W
27.07'
a 50 100 200
MULTIPLY DISTANCE BY 1/00002570
TO OBTAIN GROUND DISTANCES
LEGENQ
SLOPE EASEMENT (SLOPE)
AREA - 21,595 SO. FT., MORE OR LESS
P.O.C.
POINT OF COMMENCEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
Ef
PLOTTED EASEMENT (SEE SHEET 2)
SHEET 3 OF 3 SHEETS
CITY OF PALM SPRINGS 1• s 100'
TE:5-29-15 00C. NO.
INDIAN CANTON DRIVE INIDENING
TE:12-18-15 APN 669-10D-001 ON. NO.
TE GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORA71ON
Project: Indian Cyn. Drive Widening and Bridge Replacement @ UPRR
Project No.: Federal Project No. BRLO 5282 (017), City Project No. 01-11
APN: 669-100-001
RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTEREST AND ESCROW INSTRUCTIONS
THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL
PROPERTY INTEREST AND ESCROW INSTRUCTIONS ("Agreement"), dated and
entered into for solely for reference purposes as of April 17 , 2017 , by and
between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation ("Buyer") and Granite Construction Company, a California Corporation
("Seiler"), with reference to the following facts:
RECITALS
A. Seller is the owner of certain real property comprised of approximately
twenty-three thousand two hundred twenty-eight (23,228) square feet, located in the
City of Palm Springs (the "City"), the County of Riverside (the "County"), State of
California (the "State"), which is a portion of Assessor's Parcel No. 669-100-001, more
particularly described on Exhibit A-1 and A-2 and shown on Exhibit B-1 and B-2
attached hereto (the "Easement Area").
B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller
an easement to the Easement Area, in accordance with the terms and conditions
contained in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained in this Agreement, and other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller
(hereinafter collectively referred to as the "parties", or individually as a "party") hereby
agree as follows:
AGREEMENT
1. PURCHASE AND SALE.
1.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth
herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to
acquire and purchase from Seller, an easement and right-of-way for streets, highways,
sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare
the same for public use, and an easement and right-of-way for earth embankment
slopes, together with the right to construct and maintain such slopes and embankments
and facilities incidental thereto, over, under, along and across all that real property in the
Easement Area as such area, scope and use is more particularly described in the Grant
of Right of Way and Grant of Slope Easement attached hereto as Exhibit C-1 and C-2
the "Easement"), which Exhibits A-1 and A-2 and B-1 and B-2 attached hereto that
define the Easement Area shall be made a part of.
1
1116419.1
1.2. Purchase Price. The purchase price ("Purchase Price") for the
Easement, Slope Easement, and Site Improvements shall be Twenty Three Thousand
Two Hundred Fifty -Eight Dollars and No Cents ($23,258) payable in cash at the
Close of Escrow as defined and provided for herein.
1.3. Construction Contract Work.
As part of the construction of the Indian Canyon Drive Widening and Bridge
Replacement @ UPRR (Project No.: Federal Project No. BRLO 5282 (017), City
Project No. 01-11) (the "Project"), the City will remove or caused to be removed, the
following improvements located within the Easement Area: two steel posts, 240 SF of
North Block Wall, 320 SF of South Block Wall, and 760 SF of gravel driveway, and
replace the two steel post in kind 240 SF of North Block Wall and 320 SF of South
Block Wall to be replaced with Seller and Buyer approved design and materials. 760
SF of gravel driveway to be replaced with concrete pavement. Additionally, as part of
the Project construction, landscaping will be removed and replaced with Project
approved landscaping.
1.4. Maintenance and Repair.
Following completion of the improvements identified in 1.3, Seller, on behalf of
itself and its successors and assignees in interest, agree to maintain and repair such
improvements as outlined in section 1.3 of this Agreement. All improvements as
outlined in section 1.3 will be on the Sellers remaining property outside of the Easement
Area.
2. ESCROW AND CLOSING.
2.1. Opening of Escrow. Within fourteen (14) business days after execution of
this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the
"Escrow") with Lawyers Title & Escrow, at the address set forth in Section 7.12
("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or
executed counterparts hereof. The date this fully executed Agreement is signed and
accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of
Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The
escrow instructions shall incorporate this Agreement as part thereof and shall contain
such other standard and usual provisions as may be required by Escrow Holder,
provided, however, that no escrow instructions shall modify or amend any provision of
this Agreement, unless such escrow instruction is expressly identified and set forth in
writing by mutual consent of Buyer and Seller. In the event there is an inconsistency
or conflict between any such standard or usual provisions and the provisions of this
Agreement, the provisions of this Agreement shall control.
2.2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to
pay all of Seller's and Buyer's usual fees, charges and costs in connection with and
incidental to the conveyance of the Easement and Close of Escrow that may arise in this
Escrow, including, but not limited to, any costs for the Standard Coverage Policy
(defined below) or if elected, an ALTA Extended Coverage Owner's Policy.
2.3. Closing Date; Conditions Precedent to Close of Escrow. Provided all of
the conditions set forth in this Section 2.3 have been satisfied (or are in a position to be
satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or
2
1110419.1
G
before July 1, 2017, (the "Closing Date"), unless extended by mutual agreement. As
used in this Agreement, the "Close of Escrow" shall mean the date a Grant Right of
Way and Slope Easement, as provided in Section 2.4.2(a) hereof ("Right of Way and
Slope Easement"), is recorded in the Official Records of the County.
2.3.1 Conditions of Buyer for Close of Escrow. The Close of Escrow
and Buyer's obligation to purchase the Easement are subject to the satisfaction of
the following conditions or Buyer's written waiver of such conditions, on or before
the Closing Date. Buyer may waive in writing any or all of such conditions in its
sole and absolute discretion.
(a) The Purchase Price shall have been adjusted
in accordance with this Agreement and a closing statement duly executed by Seller
setting forth the Purchase Price and any adjustments thereto;
(b) Seller shall have performed all obligations to
be performed by Seller pursuant to this Agreement;
(c) No event or circumstance shall have occurred,
which, in the sole opinion of Buyer, would make any of Seller's representations,
warranties and covenants set forth herein untrue as of the Close of Escrow,
including, but not limited to, those warranties and representations of Seller set forth
in Sections 3.4 and 4.1 of this Agreement;
(d) There shall have occurred no material adverse change
in the physical condition of the Easement Area (such as those caused by
natural disasters), which, in the sole opinion of Buyer, would render the Easement
Area unsuitable for Buyer's intended use, materially increase the cost, or cause
a material delay in the schedule for the development of the Easement Area;
(e) The Title Company shall be committed to issue to
Buyer, as of the Closing Date, the Title Policy (defined below) covering the
Easement Area, subject only to the Permitted Exceptions.
(f) Seller shall have executed and submitted to Escrow
Holder the Affidavit of Non -Foreign Status By Transferor (Exhibit D)
(g) Seller shall have caused any lien or charge of any
deed of trust that encumbers the Easement Area to be subordinated to the
rights of Buyer under the terms of the Easement.
2.3.2 Conditions of Seller for Close of Escrow. The Close of Escrow
and Seller's obligation to sell and convey the Easement are subject to the
satisfaction of the following conditions or Seller's written waiver of such
conditions on or before the Closing Date. Seller may waive in writing any or all of
such conditions as a condition to the Close of Escrow in its sole and absolute
discretion.
(a) The Purchase Price shall have been adjusted in
accordance with this Agreement and a closing statement duly executed by Buyer
setting forth the Purchase Price and any adjustments thereto;
3
1116419.1
(b) Buyer shall have performed all obligations to be
performed by Buyer pursuant to this Agreement;
(c) No event or circumstance shall have occurred which
would make any of Buyer's representations, warranties, and covenants set forth
herein untrue as of the Close of Escrow including, but not limited to, those
warranties and representations of Buyer set forth in Section 4.2 of this Agreement.
2.3.3 Waiver of a Condition Excuses Performance. If any condition precedent to
the Close of Escrow is expressly waived, in writing, as a condition to the Close of
Escrow by the party for whose benefit such condition exists, such waiver shall excuse
performance by the party whose performance is required to satisfy such condition.
2.4. Closing Documents. The respective parties shall deposit the following with
Escrow Holder prior to the Close of Escrow:
2.4.1 Bu er's De osits. Buyer shall deposit:
(a) The Purchase Price together with Buyer's escrow and other cash
charges; and
(b) A Certificate of Acceptance for the Right of Way and Slope Easement
executed by the City Clerk of the City of Palm Springs (See, Exhibit C-1 and CC=2).
2.4.2 Seller's_ Deposits. Seller shall deposit:
(a) The Right of Way and Slope Easement in the form of Exhibit C-1 and C-
2 attached hereto, appropriately executed to convey the Easement subject only to the
Permitted Exceptions (defined below);
(b) Subject to Section 2.5.1 below, an executed Affidavit of Non -foreign Status in
the form of Exhibit D attached hereto and such other documentation necessary to
exempt Seller from the withholding requirements of Section 1445 of the Internal
Revenue Code of 1986, as amended, and the regulations
thereunder; and
(c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form
593 as contemplated by California Revenue and Taxation Code §18662 (the
'Withholding Affidavit") duly executed by Seller.
2.4.3 De osits of Additional Instruments. Seller and Buyer shall each deposit
such other instruments as are reasonably required by Escrow Holder or otherwise
required to proceed to the Close of Escrow and consummate the grant of the Easement
in accordance with the terms of this Agreement.
2.5. Closing.
2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller
fails to deposit with Escrow Holder the executed Affidavit of Non -foreign Taxpayer
Status which exempts Seller from the withholding requirements of Section 1445 of the
4
1116419.1
Internal Revenue Code of 1986, as amended, and the regulations thereunder,
Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase
Price less any applicable closing costs and to report and transmit the withheld amount to
the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c)
above, Seller fails to deposit with Escrow Holder any applicable tax document which
exempts Buyer from California withholding requirements, if any, Seller hereby authorizes
Escrow Holder to withhold such additional percentage of the Purchase Price of the
Easement as is required by California law, and Escrow Holder shall report and
transmit the withheld amount in the manner required by California law. By agreeing to
act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be
responsible for all withholding obligations imposed pursuant to Section 1445 of the
Internal Revenue Code o€1986, as amended, and the regulations thereunder and under
any similar provisions of California law, and shall defend, indemnify and hold Buyer
harmless in connection with such obligations.
2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow
Holder shall in the following order: (i) record the Grant of Right of Way and Slope
Easement and Certificate of Acceptance in the Office of the County Recorder of the
County; (ii) pay any transfer taxes; (iii) instruct the County Recorder to return the
Grant of Right of Way and Slope Easement to Buyer; (iv) distribute to Seller the
Purchase Price; and (v) deliver to Buyer the Title Policy covering the Easement Area
subject only to the Permitted Exceptions, the Affidavit of Non -foreign Status, and the
applicable California withholding exemption form, if any.
2.5.3 Real Estate Taxes. Real estate taxes for the year of closing and annual
municipal or special district assessments (on the basis of the actual fiscal tax years for
which such taxes are assessed) will be apportioned as of the Close of Escrow. If the
real estate tax bill for the real estate tax year in which the closing occurs has not been
issued on or before the day prior to the Close of Escrow, the apportionment of real
estate taxes will be computed based upon the most recent tax bill available, and then
reconciled after the Close of Escrow based on the actual taxes due. If, on the day prior
to the Close of Escrow, bills for the real estate taxes imposed for the real estate tax year
in which Closing occurs have been issued but have not been paid, such taxes shall be
paid prorated through the Close of Escrow. Seller may seek reimbursement from the
Riverside County Tax Assessor's office for any property taxes that have been assessed
for a period after the Close of Escrow as Buyer is a public agency exempt from payment
of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary
information to the Assessor's office in connection with such request for refund.
2.6. Failure to Close: Termination.
2.6.1 Neither Party in Default. In the event that any condition set forth in
Section 2.3 (and its subdivisions) is not satisfied or waived, in writing, and the
Close of Escrow does not occur within the time required herein due to the failure of such
condition or the Close of Escrow does not occur within the time frame required
herein for any reason other than Seller's or Buyer's breach of or default of its respective
obligations hereunder, or if this Agreement is terminated without default by either
party as otherwise set forth herein, then Escrow Holder, with no further instructions
from the parties hereto, shall return to the depositor thereof any funds, or other materials
previously delivered to Escrow Holder, the Escrow shall be automatically terminated and
5
1116419.1
of no force and effect, Buyer shall pay any Escrow termination fees, and except as
otherwise provided herein the parties will have no further obligation to one another.
3. ACTIONS PENDING CLOSING.
3.1. Title Review.
3.1.1 Title Report. Within three (3) business days after the Opening of Escrow,
Lawyers Title & Escrow (the "Title Company") will furnish Buyer and Seller with an
updated Title Commitment on the Easement Area together with legible copies of all
underlying documents referenced therein and a plot plan for the Easement Area
showing all the locations of all easements referenced therein (collectively, the "Title
Commitment").
3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt
of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary
Title Notice") of Buyer's approval, conditional approval, or disapproval of the title
exceptions and other matters disclosed in the Title Commitment. All title exceptions not
timely approved by Buyer will be deemed disapproved. All such exceptions and other
matters disapproved by Buyer are referred to herein as "Disapproved Exceptions". It
shall be the sole responsibility of Buyer to work with the Title Company to remove any
Disapproved Exceptions, and if unsuccessful shall either purchase the Easement
subject to the Disapproved Exceptions or terminate the Agreement.
3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions
appearing on the Title Commitment which are: (i) standard printed exceptions in the
Title Policy issued by Title Company; (ii) general and special real property taxes
and assessments, a lien not yet due and payable; and (iii) any other liens,
easements, encumbrances, covenants, conditions and restrictions of record approved,
or expressly waived by Buyer pursuant to this Section 3.1.
3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be
conditioned upon the commitment by Title Company to issue an ALTA Standard
Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"),
showing title to the Easement Area vested in Buyer with liability equal to the Purchase
Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an
ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy
provided that Buyer pays any additional premium on account thereof. The form of title
policy selected by Buyer shall be referred to herein as the "Title Policy".
3.3. Possession and Use. It is mutually understood and agreed by and
between the parties hereto that the right of possession and use of the Easement Area
and Easement by the Buyer, including the right to remove and dispose of
improvements, shall commence upon the Close of Escrow. The Purchase Price
includes, but is not limited to, full payment for such improvements and possession and
use of the Easement Area upon the Close of Escrow.
3.4. Seller's Covenant Not to Further Encumber the Easement Area. Seller
shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell,
transfer or convey its interest or any portion of its interest in the Easement Area, or any
6
1116419.1
portion thereof, or enter into any agreement to do so, so long as this Agreement is in
force. Seller shall timely discharge, prior to the Closing, any and all obligations relating
to work performed on or conducted at or materials delivered to or for the Easement
Area from time to time by Seller, or at Seller's direction or on its behalf, in order to
prevent the filing of any claim or mechanic's lien with respect to such work or materials.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS.
4.1. Seller's Re resentations Warranties and Covenants. In addition to the
representations, warranties, and covenants of Seller contained in other sections of this
Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of
which shall survive the Close of Escrow:
4.1.1 Seller's Authority . Seller has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactions
contemplated by, this Agreement, and that this Agreement has been duly authorized
and executed by Seller, and upon delivery to and execution by Buyer, shall be a
valid and binding agreement of Seller.
4.1.2 Leases. There are no leases, rental agreements, or other such
contracts of any kind or nature affecting possession or occupancy of the Easement
Area, and Seller shall not enter into any such contracts affecting possession or
occupancy of the Easement Area during the terms of this Agreement without the prior
consent of Buyer.
4.1.3 No Liens and Subordination. Seller warrants that at the time
of the Close of Escrow, Seller shall have caused any mechanics', laborers',
materialmen's or service liens and charge of any deed of trust that encumbers the
Easement Area to be subordinated to the rights of Buyer under the terms of the
Easement.
4.1.4 No Untrue Statements or Omissions of Fact. Each of the
representations and warranties made by Seiler in this Agreement, or in any exhibit, or
on any document or instrument delivered pursuant hereto shall be continuing
representations and warranties which shall be true and correct in all material respects
on the date hereof, and shall be deemed to be made again as of the Close of Escrow
and shall then be true and correct in all material respects. The truth and accuracy of
each of the representations and warranties, and the performance of all covenants of
Seller contained in this Agreement, are conditions precedent to the Close of Escrow.
Seller shall immediately notify Buyer of any fact or circumstance which becomes known
to Seller which would make any of the representations or warranties in this Agreement
untrue.
4.2. Bu er's Representations and Warranties. Buyer represents and
warrants to Seller as follows, all of which shall survive the Close of Escrow:
4.2.1 Buyer's Authority. Buyer has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactions
contemplated by, this Agreement, and that this Agreement has been duly authorized
and executed by Buyer and, upon delivery to and execution by Seller, shall be a
7
1116419.1
valid and binding Agreement of Buyer.
4.2.2 No Untrue Statements or Omissions of Fact. Each of the
representations and warranties made by Buyer in this Agreement, or in any exhibit or on
any document or instrument delivered pursuant hereto, shall be continuing
representations and warranties which shall be true and correct in all material
respects on the date hereof, and shall be deemed to be made again as of the Close
of Escrow, and shall then be true and correct in all material respects. The truth and
accuracy of each of the representations and warranties, and the performance of afl
covenants of Buyer contained in this Agreement, are conditions precedent to the Close
of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which
are contrary to the representations and warranties contained in this Agreement.
4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify, and hold free
and harmless the other from and against any losses, damages, costs and expenses
(including attorneys' fees) resulting from any inaccuracy in or breach of any
representation or warranty of the indemnifying party or any breach or default by such
indemnifying party under any of such indemnifying party's covenants or agreements
contained in this Agreement and Buyer further agrees to indemnify and hold harmless
Seller from any liability arising out of Buyer's operations under this Agreement and
agrees to assume responsibility for any damages proximately caused by reason of
Buyer's operations under this Agreement and Buyer will, at its option, either repair or
pay for such damage.
5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is
a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents
to the dismissal or abandonment of any eminent domain action in the Superior Court of
the State of California in and for the City of Palm Springs, wherein the herein described
Easement Area or Easement is included, in whole or in part, and also waives any and
all claims to any money on deposit in the action and further waives all attorneys' fees,
costs, disbursements, and expenses incurred in connection therewith. If, prior to the
close of the execution of this transaction, Seller (or Seller's tenant) is served with a
Summons and Complaint in Eminent Domain in which Seller (or Seller's tenant) is a
named defendant, upon the Close of Escrow, Seller agrees and consents to Buyer
taking a default in the action. Moreover, the total compensation to be paid by Buyer to
Seller is for all of Seller's interest in the Easement Area or as described and set forth in
the Easement and any rights which exist or may arise out of the acquisition of the
Easement for public purposes, including without limitation, Seller's interest in the land
and any improvements to the land, severance damages, any alleged pre -condemnation
damages, loss of business goodwill (if any), costs, interest, and any claim whatsoever of
Seller which might arise out of or relate in any respect to the acquisition of the
Easement Area or Easement by the Buyer. The compensation paid under this
Agreement does not reflect any consideration of or allowance for any relocation
assistance and payments or other benefits which Seller may be entitled to receive, if
any. Relocation assistance, if any, will be handled via separate Agreement.
6. BROKERS. Seller and Buyer each represents and warrants to the other
that they have not dealt with or been represented by any brokers or finders in
connection with the purchase and sale of the Easement and that no commissions or
finder's fees are payable in connection with this transaction. Buyer and Seller each
8
1116419.1
r
agree to indemnify and hold harmless the other against any loss, liability, damage, cost,
claim or expense (including reasonable attorneys' fees) incurred by reason of breach of
the foregoing representation by the indemnifying party. Notwithstanding anything to the
contrary contained herein, the representations, warranties, indemnities and agreements
contained in this Section 6 shall survive the Close of Escrow or earlier termination of
this Agreement.
7. GENERAL PROVISIONS.
7.1. Counterparts; Facsimile Signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which, taken together,
shall constitute one and the same instrument and any executed counterpart may be
delivered by facsimile transmission with the same effect as if an originally executed
counterpart had been delivered.
7.2. Further Assurances. Each of the parties agree to execute and deliver such
other instruments and perform such acts, in addition to the matters herein specified, as
may be appropriate or necessary to effectuate the agreements of the parties, whether
the same occurs before or after the Close of Escrow.
7.3. Entire Agreement. This Agreement, together with all exhibits hereto and
documents referred to herein, if any, constitute the entire agreement among the parties
hereto with respect to the subject matter hereof, and supersede all prior understandings
or agreements. This Agreement may be modified only by a writing signed by both
parties. All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement whether or not actually attached.
7.4. Headings. Headings used in this Agreement are for convenience of
reference only and are not intended to govern, limit, or aide in the construction of any
term or provision hereof.
7.5. Choice of Law. This Agreement and each and every related document are
to be governed by, and construed in accordance with, the laws of the State of California.
7.6. Severability. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance, shall to any extent
be held by a court of competent jurisdiction or rendered by the adoption of a statute by
the State of California or the United States invalid, void or unenforceable, the remainder
of the terms, covenants, conditions or provisions of this Agreement, or the application
thereof to any person or circumstance, shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby; provided that the invalidity or
unenforceability of such provision does not materially adversely affect the benefits
accruing to, or the obligations imposed upon, any party hereunder, and the parties
agree to substitute for the invalid or unenforceable provision a valid and enforceable
provision that most closely approximates the intent and economic effect of the invalid or
unenforceable provision.
7.7. Waiver of Covenants Conditions or Remedies. The waiver by one party of
the performance of any covenant, condition or promise, or of the time for performing any
act, under this Agreement shall not invalidate this Agreement nor shall it be considered
9
1116419.1
C
a waiver by such party of any other covenant, condition or promise, or of the time for
performing any other act required, under this Agreement. The exercise of any remedy
provided in this Agreement shall not be a waiver of any other remedy provided by law,
and the provisions of this Agreement for any remedy shall not exclude any other
remedies unless they are expressly excluded.
7.8. Legal Advice and Construction. Each party has received independent
legal advice from its attorneys with respect to the advisability of executing this
Agreement and the meaning of the provisions hereof. The provisions of this Agreement
shall be construed as to the fair meaning and not for or against any party based upon
any attribution of such party as the sole source of the language in question. There shall
be no presumption in the interpretation of this Agreement that any ambiguity is to be
resolved against any party hereto. The parties waive expressly each and all provisions
of California Civil Code Section 1654, which provides: "IN CASES OF UNCERTAINTY
NOT REMOVED BY THE PRECEDING RULES, THE LANGUAGE OF A CONTRACT
SHOULD BE INTERPRETED MOST STRONGLY AGAINST THE PARTY WHO
CAUSED THE UNCERTAINTY TO EXIST."
7.9. Relationship of Parties. The parties agree that their relationship is that of
Seller and Buyer, and that nothing contained herein shall constitute either party, the
agent or legal representative of the other for any purpose whatsoever, nor shall this
Agreement be deemed to create any form of business organization between the parties
hereto, nor is either party granted the right or authority to assume or create any
obligation or responsibility on behalf of the other party, nor shall either party be in any
way liable for any debt of the other.
7.10. Attorneys' Fees. In the event that any party hereto institutes an action or
proceeding for a declaration of the rights of the parties under this Agreement, for
injunctive relief, for an alleged breach or default of, or any other action arising out of,
this Agreement, or the transactions contemplated hereby, or in the event any party is in
default of its obligations pursuant thereto, whether or not suit is fled or prosecuted to
final judgment, the non -defaulting party or prevailing party shall be entitled to its
reasonable attorneys' fees and to any court costs incurred, in addition to any other
damages or relief awarded.
7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its
obligations hereunder without the prior written consent of the other, which consent shall
not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the successors and permitted assigns
of the parties to this Agreement.
7.12. Notices. No notice, request, demand, instruction, or other document to be
given hereunder to any Party shall be effective for any purpose unless personally
delivered to the person at the appropriate address set forth below (in which event such
notice shall be deemed effective only upon such delivery), delivered by air courier next -
day delivery (e.g. Federal Express), delivered by mail or sent by registered or certified
mail, return receipt requested, or sent via facsimile, as follows:
10
I ] I5419.]
If to Buyer, to: City Manager & City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 323-8204
Telephone No.: (760) 323-8332
With a copy to: City Attorney
c/o Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Facsimile No.: (714) 835-7787
Telephone No.: (714) 558-7000
If to Seller, to: Mr. Brad Williams
Granite Construction Company
38000 Monroe St
Indio, CA 92203
With a copy to: Granite Construction Company
PO Box 50085
Watsonville, CA 95077
Attn: General Counsel
If to Escrow Holder, to: Kimberly Rogers
Lawyers Title & Escrow
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (866) 350-3317
Telephone No.: (760) 327-6523
Notices delivered by air courier shall be deemed to have been given the next business
day after deposit with the courier and notices mailed shall be deemed to have been
given on the second business day following deposit of same in any United States Post
Office mailbox in the state to which the notice is addressed or on the third business day
following deposit in any such post office box other than in the state to which the notice is
addressed, postage prepaid, addressed as set forth above. Notices sent via facsimile
shall be deemed delivered the same business day transmitted if done so before 4:00
p.m., otherwise delivery shall be considered to be on the next business day. The
addresses, addressees, and facsimile numbers for the purpose of this Paragraph, may
be changed by giving written notice of such change in the manner herein provided for
giving notice. Unless and until such written notice of change is received, the last
address, addressee, and telecopy number stated by written notice, or provided herein if
no such written notice of change has been received, shall be deemed to continue in
effect for all purposes hereunder.
11
11164191
7.13. Survivability. All covenants of Buyer or Seller which are intended
hereunder to be performed in whole or in part after Close of Escrow and all
representations, warranties, and indemnities by either Party to the other, shall survive
Close of Escrow and delivery of the Right of Way and Slope Easement, and be binding
upon and inure to the benefit of the respective Parties.
7.14. Release. The total compensation to be paid by Buyer for the Easement is
the Purchase Price, which consideration covers any and all land and improvements,
attached or detached furniture, fixtures and equipment, loss of business goodwill, and is
the full and complete acquisition cost of the Easement. Buyer shall have no obligation
to Seller under the California Relocation Assistance and Real Property Acquisition
statutes and guidelines. Except for any breach of terms or conditions contained in this
Agreement, Seller waives and forever releases Buyer, including its successors, officers,
employees, attorneys, agents, representatives and anyone else acting on Buyer's
behalf, of and from any and all claims, demands, actions or causes of action,
obligations, liabilities, or claims for further compensation, known or unknown, based
upon or relating to the facts or allegations and circumstances arising from Buyer's
acquisition of the Easement. By such release, Seller expressly waives its rights, if any,
under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HIS SETTLEMENT WITH THE DEBTOR."
7.15 City Council Approval of Agreement. This Agreement is subject to the
approval of the Buyer's City Council. If this Agreement remains unapproved by the
Buyer's City Council sixty (60) days following the date first written above, then the
parties will have no further obligation under this Agreement. If Buyer's City Council
approves this Agreement within less than thirty (30) days of the Closing Date set forth
herein, the parties agree to extend the Closing Date for an additional thirty (30) days.
[SIGNATURE PAGE FOLLOWS]
12
1116419.1
c
�1
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
only become effective as of the day and year the last of the parties set forth below signs
this Agreement.
BUYER
SELLER
CITY OF PALM SPRINGS, a California Granite Construction Company, a
charter city and municipal corporation, California Corporation
David H. Ready Chris Miller, Executive Vice President
City Manager APPROVED 9Y CRY COUNCIL
Dated:
Attest:
damesThempsen #-+plc , F
City Clerk
Dated:
Approved as to form by:
tl�
City Attorney
Dated:
Exhibit List
Exhibit A-1 and A-2 -- Legal Description of the Right of Way and Slope Easement
Exhibit B-1 and B-2 -- Depiction of the Right of Way and Slope Easement
Exhibit C-1 and C-2 -- Form of Right of Way and Slope Easement
Exhibit D -- Affidavit of Non -foreign Taxpayer Status
1116419.1
o
ACCEPTANCE BY ESCROW HOLDER:
LAWYERS TITLE & ESCROW hereby acknowledges that it has received a fully
executed counterpart of the foregoing Right -of -Way Agreement for Acquisition of Real
Property and Escrow Instructions and agrees to act Escrow Holder thereunder and to be
bound by and erformm the tenns thereof as such tern ply to Escrow Holder.
Date: �'r� LAWYERS TITLE & ESCROW
By:
Name.
Its: `A
] I HAL9.]
0 0
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 California
County of
Santa Cruz
On _ April 17, 2017 before me, Jennifer Bowling, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Chris Miller
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.
JENNIFER BOWLING
Notary Public - Calltomia
Santa Cruz County
Commission t 21821365
My Comm. bplres feb 28.2021
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hanrid official
Signature
Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Right of Way Agreement Acquisition of Real Property Interest and Escrow Instr.
Title or Type of Document: APN # 669-100-001 Document Date: 4/17/2017
Number of Pages: NIA Signer(s) Other Than Named Above: NIA
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Tittle(s):
❑ Partner - L, Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — Limited -j General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A-V
RIGHT-OF-WAY EASEMENT
APN 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION
23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN
CANYON DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00*19'08" WEST
747.79 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST
71.01 FEET;
2. THENCE LEAVING SAID PARALLEL LINE NORTH 72°10'42" EAST 27.07 FEET;
3. THENCE NORTH 00019'08" EAST 55.96 FEET;
4. THENCE NORTH 75014'39" WEST 26.56 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 1,633 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 14 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 1 of 1
EXHIBIT "A-2"
SLOPE EASEMENT
APN 669-100-001
NORTHERLY SLOPE EASEMENT
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A' AND A LINE
PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE WESTERLY LINE OF SAID SECTION 23, SAID WESTERLY
LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID PARALLEL LINE SOUTH 0019'08" WEST 747.79 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 75"14'39" EAST 26.56 FEET;
3. THENCE NORTH 00019'08" EAST 20.65 FEET;
4. THENCE NORTH 75014'39" WEST 13.84 FEET;
5. THENCE NORTH 3026'21" EAST 416.60 FEET;
6. THENCE NORTH 0019'08" EAST 286.20 FEET TO THE SOUTHWESTERLY LINE
OF A STRIP OF LAND 200 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC
RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON JULY 27, 1866
AND APPROVED ON MARCH 3, 1871 AND AS SET FORTH IN THE PATENT
FROM THE UNITED STATES OF AMERICA TO THE SOUTHERN PACIFIC
RAILROAD COMPANY RECORDED JULY 31, 1905 IN BOOK 3, PAGE 228 OF
PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
7. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 44.91
FEET TO THE TRUE POINT OF BEGINNING.
SOUTHERLY SLOPE EASEMENT
BEGINNING AT SAID POINT 'A', THENCE ALONG SAID PARALLEL LINE SOUTH
00019'08" WEST 818.81 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00"19'08" WEST
65.13 FEET;
2. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'52" EAST 1.05 FEET
3. THENCE NORTH 5017'23" EAST 33.26 FEET;
4. THENCE NORTH 33016'19" EAST 18.52 FEET;
5. THENCE NORTH 72010'42" EAST 12.34 FEET;
Page 1 of 2
C
EXHIBIT "A-2"
SLOPE EASEMENT
APN 669-100-001
6. THENCE NORTH 00019'10" EAST 21.05 FEET;
7. THENCE SOUTH 72°10'42" WEST 27.07 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 21,595 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE 14°�" 12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
Page 2 of 2
EXHIBIT "B-1" SW 1/4 Or
P.O.C. \T A N W 1/4
INT. OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.) zj r �', % j
AND SOUTHERN PACIFIC RAILROAD AS SHOWN ON ROS 18/2 r I J s J J 1ri, 4 r
� I �
ro r r .- r SjA•'�Cy I I S�
APN 669-100-001 NON-PLOTTABLE EASEMENTS �� /0
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFI191TELEPHONE DK. 344,PTELEGRAG. P DEEDS227 OF CO.REC. \ O9O
A PERMANENT TELECOMMUNICATIONScl
EASEMENT IN FAVOR OF VARIOUS REC. i
8/29/2013 AS DOC. NO. 2013-0423943 O.R. vi Z
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013 at 0 E2 \
AS DOC. NO. 2013-0360350 O.R. Z
Q� A,Z S'W 1/ f
A.S(�R` v "' r C 3
01
0 Q r rs F r
E j J Jai 1 if
1l APN 669-100-001 C4
No. 7354 }.
9 Opp CA0F�Q� Z
y
a 100 200 400 E3
w
MULTIPLY DISTANCE BY 1.00002570 NI"
TO OBTAIN GROUND DISTANCES c3 ca
1 11
IFS
®RIGHT-OF-WAY EASEMENT
AREA = 1,633 SQ. FT., MORE OR LESS
P.O.C.
T.P.O.B.
Ef
SED BY:
" BY. KA
CKED BY: MH
ROVED BY:
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
PLOTTED EASEMENT (SEE SHEET 2)
TE:
TE: 5-29-15
TE:12-18-15
TE:
SHEET 1 OF 2
CITY OF PALM SPRINGS
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORATION
1" = 200'
G
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409. PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
r
cam+
E3 POLE LINE EASEMENT IN P.O.C.
FAVOR OF CALIFORNIA INT. OF THE CENTER LINE OF"
ELECTRIC POWER CO. INDIAN CANYON DR. (INDIAN AVE.)
REC. 11/16/1948 IN AND SOUTHERN PACIFIC RAILROAD Cl
BK. 1027, PG. 213 O.R. AS SHOWN ON ROS 18/2 cd
NO WIDTH GIVEN.
do
r 0 ur
J 1 3 �, fR., 4 r j
0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
S 00'19'08" W
71.01'
L2
N 7210'42" E
I
27.07'
L3
N 0019*08" E
55.96'
1
L4
N 7514'390 W
26.56'
0
IFS
®RIGHT—OF—WAY EASEMENT
AREA = 1,633 SO. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
Ej PLOTTED EASEMENT (SEE ABOVE)
BY: DATE:
BY. KA DATE:5-29-15
D BY: MH DATE:12-18-15
ED BY: DATE:
OW J/4 Jr
NW M
r Sr
r �-� �, r
,J 3 J1, ri1 4 E.
r
125' 75'
—OF—WAY PER R.S. 18/1
n
M
E3
l
CITY OF PALM SPRINGS
E2—"�
tt1
ttl cn
C7e�7 CL
SHEET 2 OF 2
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
CONSTRUCTION CO., A CALIFORNIA CORPORATION
1" = 100'
r
EXHIBIT "B-2"
P.O.C. \ 1
INT. OF THE CENTER LINE OF
INDIAN CANYON DR. (INDIAN AVE.)
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2 I I
ErC, 22
Ir J 3 J� M,-+ �
J JJ J 3J J -�iJ JJ
A PUBLIC UTILITY EASEMENT IN FAVOR OF
PACIFIC TELEPHONE AND TELEGRAPH CO. REC.
1/23/1912 IN BK. 344, PG. 227 OF DEEDS.
A PERMANENT TELECOMMUNICATIONS
EASEMENT IN FAVOR OF VARIOUS REC.
8/29/2013 AS DOC. NO. 2013-0423943 O.R.
VARIOUS PRIVATE EASEMENTS REC. 7/26/2013
AS DOC. NO. 2013-0360350 O.R.
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No. 7354
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0 100 200 400
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MULTIPLY DISTANCE BY 1.00002570Iw
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SLOPE EASEMENT (SLOPE)
AREA = 21,595 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
Ef PLOTTED EASEMENT (SEE SHEET 2)
BY: DATE:
BY: KA DATE:5-29-15
D BY. MH DATE:12-18-15
ED BY: DATE:
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SHEET 1 OF 3 SHEETSI
aN OF PALM SPRINGS Lr-
10 = 200'
INDIAN CANYON DRIVE WIDENING
APN 669-100-001
CONSTRUCTION CO., A CALIFORNIA CORPORA
PLOTTED EASEMENTS
E1 OVERHEAD CROSSING EASEMENT IN
FAVOR OF THE COUNTY OF RIVERSID
REC. 10/22/1952 IN BK. 1409, PG.
566 O.R. AND BK. 1409, PG. 575 0.
E2 UTILITY EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON
REC. 04/05/2006 AS DOC. NO.
2006-0244157 O.R.
E3 POLE LINE EASEMENT IN
c3+
FAVOR OF CALIFORNIA P.O.C.
ELECTRIC POWER CO. INT. OF THE CENTER LINE OF
REC. 11/16/1948 IN INDIAN CANYON DR. (INDIAN AVE.) .
BK. 1027, PG. 213 O.R. AND SOUTHERN PACIFIC RAILROAD 8 i
NO WIDTH GIVEN. AS SHOWN ON ROS 18/2 o N
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0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
N 50'53'07" W
44.91'
1
L2
N 03'26'21" E
416.60'
IFS
P.O.C.
T.P.O.B.
Ef
REVISED BY:
DRAWN BY: KA
CHECKED BY: MH
APPROVED BY.
SLOPE EASEMENT (SLOPE)
AREA = 21,595 SO. FT., MORE OR LESS
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
PLOTTED EASEMENT (SEE ABOVE)
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TE:12-18-15
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SHEET 2 OF 3 SHEETS
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APN 669-100-001
GRANITE CONSTRUCTION CO., A CALIFORNIA CORPORA
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75'
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DETAIL "A"
NOT TO SCALE
REVISED BY: DATE:
DRAWN BY: KA DATE:5-23-15
CHECKED BY. MH DATE:12-18-15
APPROVED BY: DATE:
LINE TABLE
LINE
BEARING
LENGTH
L2
N 03'26'210 E
416.60'
L3
N 7514'39" W
26.56'
L4
N 0019'080 E
20.65'
L5
N 7514'39' W
13.84'
L6
S 00'19'08' W
65.13'
L7
S 89*40*52" E
1.05'
L8
N 05'17'23" E
33.26'
L9
N 33'16'19" E
18.52'
L10
N 72'10'42" E
12.34'
L11
N 0019'10' E
21.05'
L12
S 7210'42- W
27.07'
0 50 100 200
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
LEGEN
SLOPE EASEMENT (SLOPE)
AREA = 21.595 SO. FT., MORE OR LESS
P.O.C.
POINT OF COMMENCEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
E#
PLOTTED EASEMENT (SEE SHEET 2)
SHEET 3 OF 3 SHEETS
CITY OF PALM SPRINGS A`
1" = 100'
INDIAN CANYON DRIVE WIDENING DOC. N0.
APN 669-100-001 DWG. NO.
CONSTRUCTION CO., A CALIFORNIA CORPORATION
EXHIBIT "C-1"
RECORDING REQUEI
City of Palm Springs
WHEN RECORDED R
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyc
Palm Springs, CA 9226;
APN #669-100-001
For a valuable consideration, receipt of which is hereby acknowledged, Granite
Construction Company, a California Corporation, (hereinafter "Grantor"), hereby
GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter "Grantee"), right-of-way for streets, highways, sanitary sewer
lines, domestic water lines, public utilities, and other appurtenant uses, together with the
right to construct, maintain, repair, operate, use, dedicate or declare the same for public
use, in, on, under, over and across the real property in the City of Palm Springs,
Riverside County, California, more particularly described on Exhibit "A" and shown on
Exhibit "B" attached hereto and incorporated herein by this reference.
Dated:
GRANTOR:
Granite Construction Company, a
California Corporation
By:
EXHIBIT 11C-2'
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code J6103
GRANT DEED - SLOPE EASEMENT
APN #669-100-001
For a valuable consideration, receipt of which is hereby acknowledged, Granite
Construction ComRany. a California Corporation, (hereinafter "Grantor"), hereby
GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter "Grantee"), an easement and right-of-way for earth
embankment slopes, together with the right to construct and maintain such slopes and
embankments and facilities incidental thereto, over, under, along and across all that real
property situated in the City of Palm Springs, County of Riverside, State of California,
described as follows:
See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes
Reserving unto the Grantor herein, heirs and assigns the continued use of the above
described parcel of land subject to the following conditions: The erecting of buildings,
masonry walls, and other permanent structures; the planting of trees; the changing of
the surface grade; and the installation of privately owned pipe lines shall be prohibited
except by Encroachment Agreement issued by the City Engineer.
Dated:
GRANTOR: Granite Construction
Company, a California Corporation
By:
G
3
EXHIBIT D
DO NOT RECORD. TRANSFEREE (BUYER)
DO NOT SEND MUST RETAIN FOR
TO IRS. SIX YEARS AFTER
THE TRANSACTION.
CERTIFICATION OF NON -FOREIGN
STATUS BY TRANSFEROR
1. Section 1445 of the Internal Revenue Code provides that a transferee
(Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a
foreign person.
2. In order to inform each transferee that withholding
upon disposition of a U. S. real property interest by
(hereinafter referred to as "the
Transferor"), the undersigned hereby certifies, and declares by means of this
certification, the following on behalf of the Transferor:
of tax is not required
A. The one item marked below is true and correct:
(1) The Transferor is not a foreign individual, foreign
corporation, foreign partnership, foreign trust, or foreign
estate (as these terms are defined in the Internal
Revenue Code and Income Tax Regulations).
(11) The Transferor is a corporation incorporated under the
laws of a foreign jurisdiction but has elected to be
treated as a U. S. corporation under Section 897(i) of
the Internal Revenue Code, AND HAS ATTACHED TO
THIS CERTIFICATE A TRUE AND GENUINE COPY
OF THE ACKNOWLEDGMENT OF SUCH ELECTION
ISSUED BY THE IRS.
B. The Transferor's social security number is
C. The Transferor's address is
3. The Transferor understands that this certificate may be disclosed to the
Internal Revenue Service by the transferee and that any false statement contained in
this certification may be punished by fine or imprisonment (or both).
4. The Transferor understands that each transferee is relying on this
certificate in determining whether withholding is required and each transferee may face
liabilities if any statement in this certificate is false.
C
5. The Transferor hereby indemnifies each transferee, and agrees to defend
and hold each transferee harmless, from any liability, cost, damage, or expense which
such transferee may incur as a result of:
A. the Transferor's failure to pay any U. S. Federal income tax which
the Transferor is required to pay under applicable U. S. law, or
B. any false or misleading statement contained herein.
Under penalties of perjury, I declare that I have examined this certification and to
the best of my knowledge and belief it is true, correct, and complete; I further declare
that I have authority to sign this document on behalf of the Transferor.
EXECUTED in
on
Transferor:
By:
Title:
111n'4141
County, State of
aalLAm
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way • Palm Springs, California 92262
Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.paimspringsca.gov
TRANSMITTAL
DATE: August 12, 2019
TO: City Clerk
FROM: Vonda Teed, Engineering Administrative Secretary �liV+-��✓�
for Marcus L. Fuller, Assistant City Manager/City Engineer
SUBJECT: Executed Right -of -Way Agreement, Temporary Construction Easement
Agreement, Permit to Enter and Construct, and Agreement for Release of
Disputed Interest, APN 669-100-001, Granite Construction Company
(A6974), City Project No. 01-11, Indian Canyon Drive Widening and Bridge
Replacement
Message: Enclosed please find the executed original Right -of -Way Agreement, Temporary
Construction Easement Agreement, Permit to Enter and Construct, and
Agreement for Release of Disputed Interest for the subject project for your
records. If you have any questions, please do not hesitate to contact Marcus L.
Fuller, Assistant City Manager/City Engineer, (760) 322-8380.
Enclosures: APN 669-100-001 Right -of -Way Agreement
Temporary Construction Easement Agreement
Permit to Enter and Construct
Agreement for Releaae of Disputed Interest
cc: Project File