HomeMy WebLinkAboutA7021 - SCE - City Project No. 01-11CONTRACT ABSTRACT
2 Originals: Grant of Temporary Construction Easement
Company Name: Southern California Edison
Company Contact: Jay Glasser, Project Manager
Summary of Services: City Project No. 01-11, Indian Canyon Drive Interim Widening &
Bridge Replacement
Contract Price:
Funding Source:
Contract Term: 5 years
Contract Administration
Lead Department: Engineering Services
Contract Administrator: Thomas Garcia / Savat Khamphou
Contract Approvals
City Manager Approval:
Resolution Number:
Agreement Number:
TBD qH (1
N/A � -" ` 1- G'1
TBA f 17D?-1
Contract Compliance
Exhibits:
Attached
r ;
Signatures:
Attached
`-
o
O
Insurance:
N/A
Bonds:
N/A
.;
oo
Submitted on: 10/12/2017 By: Vondatee(t" _'
C)
"SCE has requested that these documents be executed by the City. This is a requirement
of the CPUC for the approval process. SCE is not permitted to execute the easement
documents until CPUC approval."
PLEASE RETURN BOTH COPIES TO ENGINEERING SERVICES.
2 vr�ls �0 CLIO. �t�a��►1
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & VALUATION
Location: City of Palm Springs
DOCUMENTARY TRANSFER TAX $
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N: 669-093-010 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
RP File No.: GRT203320517 OR COMPUTED ON FULL VALUE LESS LIENS AND
SCE Doc No. 24130 and 253682 att. ENCUMBRANCES REMAINING AT TIME OF SALE
SCE company.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name
GRANT OF
TEMPORARY CONSTRUCTION EASEMENT
Serial No. 71408A
Service Order 801462040
Approved
Real Properties
Department
BY GS DATE 08/28/17
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, hereinafter referred to as "GRANTOR," does hereby grant to the
CITY OF PALM SPRINGS, a political subdivision of the State of California, hereinafter referred to as
"GRANTEE," a temporary, non-exclusive easement for construction -related purposes ("Temporary
Construction Easement") in, over, under and across those portions of real property located in the City
of Palm Springs, County of Riverside, State of California, and more particularly identified as follows:
That portion of the Northwest quarter of the Northwest quarter of Section 23, Township 3 South,
Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside,
State of California, as shown by United States Government Survey approved February 29, 1856, more
particularly described in the Exhibit "A' and more particularly depicted on the Exhibit "B", both
attached hereto and by this reference made a part hereof (the "Easement Area").
1. Use of the Easement Area. Use of the Easement Area, and exercise of the easement rights
herein granted are limited to:
a. The right to transport personnel, trucks, cars, equipment and materials over,
through and across all portions of the Easement Areas for purposes of the construction of GRANTEE's
road improvements on adjacent property.
b. The right to store, maintain and operate on the Easement Area such equipment,
tools, machinery, inventory, implements and other materials as are necessary or convenient in
connection with the construction of GRANTEE's road improvements on adjacent property.
2. Term of Temporary Construction Easement. The Temporary Construction Easement shall
commence on the Effective Date hereof (as defined below) and shall automatically terminate and expire
upon (i) the date construction of the road improvements is completed or (ii) the fifth (5th) anniversary
of the Effective Date, whichever date shall first occur (the "Term"). Upon the expiration of the Term,
all of the rights and benefits. of GRANTEE in, to and under the Temporary Construction Easement
shall automatically terminate and be of no further force and effect.
1136139.3
Temporary Construction Easement
S. C. E. Co., a corp. to
CITY OF PALM SPRINGS
Serial No. 71408A
RP File No.: GRT20332057
8. General Provisions.
a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and
agree that the rights conferred by this Temporary Construction Easement are intended to, and do,
constitute covenants that run with the land and shall inure to the benefit of and be binding upon the
parties and their respective grantees, heirs, successors and assigns.
b. Effective Date. This Temporary Construction Easement shall be effective upon the
date that is set forth above the signature line(s) identified for GRANTOR on the final page of this
instrument.
c. Authorized Representative. Each individual signing on behalf of a party to this
Temporary Construction Easement states that he or she is the duly authorized representative of the
signing party and that his or her signature on this Temporary Construction Easement has been duly
authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the
representative is signing.
d. Attorney's Fees. In the event of any dispute between the parties regarding the
enforcement or effect of this Temporary Construction Easement, the non -prevailing party in any such
dispute shall pay the prevailing party's reasonable attorney's fees and costs actually incurred. In the
event that neither party wholly prevails, the court may apportion the costs or fees as the court deems
appropriate.
e. Further Cooperation. Each of the signatories to this Temporary Construction
Easement agree to execute such other documents and to perform such other acts as may be
reasonably necessary or desirable to further the expressed and intent purpose of this Temporary
Construction Easement.
f. General Order 69-C. This temporary easement is granted pursuant to California
Public Utilities Commission General Order 69-C, incorporated by reference herein.
g. Warranty. GRANTOR makes no warranty to GRANTEE regarding the fitness or
suitability of the subject property for any use by GRANTEE.
[TBIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLO%I
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
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
truthful ness, accuracy, or validity of that document.
State of California )
County of Riverside ) SS.
City of Palm Springs )
On November 20, 2017, before me, KATHLEEN D. HART, INTERIM CITY CLERK,
CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally
know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his official and authorized capacity
on behalf of the City of Palm Springs, a California Charter City.
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 the official seal of the City of Palm Springs, California, this 20t" day of
November, 2017.
�QpLMSA.
A.
iy
V N
*
is ~Cp �4�e rt
4pORA12D
Signature:
cq�/IF: ORN�P
KATHLEEN D. HART, MMC
Interim City Clerk
Title or Type of Document
Grant of Temporary Construction Easement
Exhibit "A"
Description of the Easement Area
[To Be Attached]
Exhibit "A"
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-093-010
LAND
SIGNATURE y_! ,T 8-29-2017
MICHAEL A. HAVENER DATE No. 7354
PLS 7354_
CALF
Page 2 of 2
EXHIBIT "B"
N 88'50'44" E
65.02'
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 7,236 S0. FT., MORE OR LESS
T.P.O.B. TRUE POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
E1 POLE LINE EASEMENT IN FAVOR OF CALIFORNIA
ELECTRIC POWER CO. REC. 1/18/1949 IN BK.
1045, PG. 186 O.R. NO WIDTH GIVEN.
E2 POLE LINE EASEMENT IN FAVOR OF NEVADA-
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
IN BK. 596, PG. 515 O.R.
E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 2/10/1948 IN
BK. 888, PG. 496 O.R. AMENDED 7/20/1978
AS INST. NO. 151067 O.R.
E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA
WATER AND TELEPHONE CO. REC. 3/20/1959 IN
BK. 2436, PG. 105 O.R.
E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 12/15/1952 AS
INST. NO. 53240 IN BK. 1424, PG. 279 O.R.
AMENDED 7/20/1978 AS INST. NO. 151067 O.R.
NON-PLOTTABLE EASEMENTS
AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF
THE UNITED STATES OF AMERICA REC. 6/14/1954
IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE.
T.P.O.B.
TCE
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
0 50 100 200
e
a
a
0
z
W4
n
I
Z
0
>- o
, r1
rJJr f 1� r
(CERT. OF COMPLIANCE COC 11-01
REC. 2/28/12 AS DOC. NO.
2012-0086272 O.R.)
/�14.00'
/ I N 88'50'44" E
E2 Zs7
E1 E3
3 E4
� E5
N
Ltl
rn
��
o
_
0
cn
v
1j
,� r i
cL
o
o m
Lj
a�
ui an
al
co
'
f f
cr
CIE)
0
iD
M
C7
O
Cl
q 14.00'
S 88'51'40" W
S'LY LINE LAND PER
DEED REC. 6/21/1957
IN BK. 2107, PG. 356 O.R.
I1 W
6�2%ozp.O.C.
INT. OF THE CENTER LINE
rOF INDIAN CANYON DR.
o(INDIAN AVE.) AND SOUTHERN
z PACIFIC RAILROAD AS SHOWN
i ON ROS 18/2
SHEET 1 OF 1 SHEETS
REVISED BY: DATE: Lt
CITY OF PALM SPRINGS ,��1" = 100'
DRAWN BY: KA DATE:5-7-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:11-28-16 APN 669-093-010
APPROVED BY: DATE:
SOUTHERN CALIFORNIA EDISON COMPANY DWG. N0.
Cindy Berardi
From: Tonya Nelson
Sent: Monday, November 13, 2017 5:41 PM
To: Cindy Berardi
Subject: FW: Indian Canyon- TCE Signatures
Attachments: Scan from City of Palm Springs Planning Department.pdf
Importance:
High
By chance do you already have these agreements?
From: Tabitha Richards
Sent: Monday, November 13, 2017 5:13 PM
To: Tonya Nelson <Tonya.Nelson @palmspringsca.gov>
Cc: Vonda Teed <Vonda.Teed@palmspringsca.gov>; Savat Khamphou <Savat.Khamphou@palmspringsca.gov>
Subject: FW: Indian Canyon- TCE Signatures
Importance: High
Good Evening Tonya,
Please see the attached Contract Abstract that are in for Eddie's approval. Your assistance in expediting these two
agreements would be greatly appreciated, as we need to have fully signed agreements by the end of this week.
Thank you,
Tabitha Richards, Executive Administrative Assistant for
Marcus Fuller, Assistant City Manager
Tabitha.Richards@PalmSprinesCA.eov
760-323-8202
From: Savat Khamphou
Sent: Monday, November 13, 2017 4:10 PM
To:'Jamie Formico'<iformico@dokkeneneinee rine.com>
Cc: Matt Salveson<MSalveson@dokkeneneineerine.com>; Richard Liptak<rliptak@dokkeneneineerine.com>; Vanessa
Cothran<vcothranCoDdokkeneneineerins.com>; Michael Greer <m reer dokkenengineeringcom>; Tabitha Richards
<Tabitha.Richards@ pal msprinesca.gov>; Cindy Berardi <Cindy.Berardi@ palmspringsca.gov>; Thomas Garcia
<Thomas.Garcia@pal msprinssca.gov>
Subject: RE: Indian Canyon- TCE Signatures
The documents are currently with the City Attorney. I will continue to check on the progress.
PAOM I K
CALIFORL+IIA
Like no ploce else."
Savat Khamphou
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8253 Ext. 8744 (office)
(760) 219-5404 (cell)
Savat. Khamphou(cDPalmSpringsCA. pov
CONTRACT ABSTRACT
1 Original,1 Copy: Right -of -Way Agreement for Acquisition of Real Property Interests &
Escrow Instructions
Contract
Company Name: Southern California Edison
Company Contact: Jay Glasser, Land Services Agent
Summary of Services: City Project No. 01-11, Indian Canyon Drive Interim Widening &
Bridge Replacement
Contract Price: $24,500.00
Funding Source: 261-4491-50196; 134-4497-50196; 134-4498-50196
Contract Term: To be Determined by the Notice to Proceed
Contract Administration
Lead Department: Engineering Services
Contract Administrator: Marcus Fuller / Savat Khamphou
Contract Approvals
Council Approval: September 6, 2017
c
c7
M
-.8
cn
Resolution Number: N/A
o
rnv
_
Agreement Number: TBD �t�Qa
Ev
> m
M
c-,
r _
Contract Compliance N'
Exhibits: Attached
Signatures: Attached
Insurance: N/A
Bonds: N/A
Submitted on: 09/12/2017 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: 669-093-010
RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTERESTS AND ESCROW INSTRUCTIONS
THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL
PROPERTY INTERESTS AND ESCROW INSTRUCTIONS ("Agreement"), dated and
entered into for solely for reference purposes as of 4, 4.,;1- t,; , 2017, by and
between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation ('Buyer") and SOUTHERN CALIFORNIA EDISON COMPANY, a California
corporation ("Seller"), with reference to the following facts:
RECITALS
A. Seller is the owner of certain real property comprised of approximately
Eight Thousand Eight Hundred Twenty -Eight (8,828) square feet, located in the City of
Palm Springs (the "City"), the County of Riverside (the "County"), State of California
(the "State"), which consists of portions of Assessor's Parcel No. 669-093-10, and is
more particularly described on Exhibits A-1, A=2 and A-3, and shown on Exhibits B-1, B-
2 and B-3 attached hereto (the "Easement Area ").
B. Seller is also the owner of certain real property comprised of
approximately Seven Thousand Two Hundred Thirty -Six (7,236) square feet, located in
the City, County and State, which is a portion of Assessor's Parcel No. 669-093-10, and
is more particularly described on Exhibit C and shown on Exhibit D attached hereto (the
"Temporary Easement Area").
C. Seller desires to convey to Buyer and Buyer desires to acquire from Seller
an easement to the Easement Area and a temporary construction easement to the
Temporary 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, (a) a 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
1236709.1 CMGINAL BID,
DI AGREEM
for public use, a drainage easement for drainage purposes, including public utility and
public services purposes, over, upon, across, and within the real property; 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, Slope
Easement, and Drainage Easement attached hereto as Exhibit E (the "Easement"),
which Exhibits A-1, A-2 and A-3 and B-1, B-2 and B-3 attached hereto that define the
Easement Area shall be made a part of and (b) a temporary construction easement on
the Temporary Easement Area to facilitate and accomplish the construction and
installation of various public street improvements associated with Indian Canyon Drive
Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017)
City Project No 01-11 attached as Exhibit F ("Temporary Construction Easement").
1.2. Purchase Price. The purchase price ("Purchase Price") for the Easement
and Temporary Construction Easement shall be Twenty -Four Thousand Five Hundred
Dollars, which is comprised of Seventeen Thousand Five Hundred Seventy -Six Dollars
and No Cents ($17,576) for the Easement and Six Thousand Nine Hundred Twenty -
Four Dollars and No Cents ($6,924) for the Temporary Construction Easement. The
Purchase Price shall be payable as cash at the Close of Escrow as defined and
provided for herein.
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 expressly set forth in writing by mutual consent of Buyer and
Seller. In the event there is a 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 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. Closinq 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
before December 1, 2017, (the "Closing Date"), unless extended by written agreement
of both parties. As used in this Agreement, the "Close of Escrow" shall mean the date
2
1236709.1
is the Easement and the Temporary Construction Easement are 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 and Temporary Construction 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) Seller shall have performed all obligations to be
performed by Seller pursuant to this Agreement;
(b) 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;
(c) 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;
(d) 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.
(e) Seller shall have executed and submitted to
Escrow Holder the Affidavit of Non -Foreign Status By Transferor (Exhibit G).
(f) 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 and the Temporary Construction
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;
(b) Buyer shall have performed all obligations to be
performed by Buyer pursuant to this Agreement;
3
1236709.1
(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; and
(d) The California Public Utilities Commission
("CPUC") shall have authorized Seller's granting of the Easement and the
Temporary Construction Easement in accordance with Public Utilities Code
Section 851.
2.3.3 Waiver of a Condition Does Not Excuse 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, then, to the extent such
condition is reasonably capable of being satisfied following the Close of Escrow without
substantial cost, taking into account the Purchase Price, such condition shall become a
condition subsequent to the Close of Escrow and shall be satisfied by the party whose
performance is required to satisfy such condition as soon as reasonably possible following
the Close of Escrow. The parties agree that the CPUC's approval required in Section
2.3.2(d) of this Agreement cannot be waived.
2.4. Closing Documents. The 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;
(b) A Certificate of Acceptance for the Easement
executed by the City Clerk of the City of Palm Springs (See, Exhibit C); and
(c) A Certificate of Acceptance for the Temporary
Construction Easement executed by the City Clerk of the City of Palm
Springs.
2.4.2 Seller's Deposits. Seller shall deposit:
(a) The Easement, duly executed by Seller and in
recordable form;
(b) The Temporary Construction Easement, duly
executed by Seller and in recordable form;
(c) Subject to Section 2.5.1 below, an executed
Affidavit of Non -foreign Status in the form of Exhibit G 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
4
1236709.1
(d) 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 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 Easement and the Temporary Construction
Easement and Certificates 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 original Easement
and Temporary Construction Easement to Buyer; (iv) distribute to Seller the Purchase Price;
(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; and (vi) delivery to Seller copies of the recorded Easement and
Temporary Construction Easement, as well as copies of all other closing documents.
2.5.3 Real Estate Taxes. Seller shall pay real property taxes at the Close of
Escrow, paid through Escrow proceeds, based on the most current real property tax bill
available, including any additional property taxes that may be assessed after the Close of
Escrow but that relate to the period prior to the Close of Escrow, regardless of when notice of
those taxes is received or who receives the notice. 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.
5
1236709.1
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 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 ten (10) business days after the Opening of Escrow,
Lawyers Title & Escrow (the "Title Company") will furnish Buyer with an updated Title
Commitment on the Easement Area together with legible copies of all documents referenced
therein as exceptions to title 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
may then terminate the Agreement upon written notice to Seller.
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".
6
1236709.1
3.3. 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
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 during the terms of this Agreement without the prior
consent of Buyer.
4.1.3 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 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
7
1236709.1
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 the City further agrees to indemnify and hold harmless
Grantor from any liability arising out of City's operations under this Agreement and
agrees to assume responsibility for any damages proximately caused by reason of
City's operations under this Agreement and City will, at its option, either repair or pay for
such damage.
5.
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
agree to indemnify and hold harmless the other against any loss, liability, damage, cost,
claim or expense (including reasonable attomeys' 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
8
1236709.1
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
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
9
1236709.1
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, sent by registered or certified
mail, return receipt requested as follows:
If to Buyer, to: City Manager & City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
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
Telephone No.: (714) 558-7000
If to Seller, to: Southern California Edison Company
2 Innovation Way
Pomona, CA 91768
Attention: Jay Glasser, Real Properties
Telephone No.: [46-0- zw- tsss1
If to Escrow Holder, to: Kimberly Rogers
Lawyers Title & Escrow
777 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone No.: (760) 327-6523
10
1236709.1
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 third 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 fifth 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. The addresses and
addressees 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 and addressee 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.
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
and Temporary Purchase Price is the Purchase Price, which consideration covers the
easement use of the Easement Area and the Temporary Easement Area and is the full
and complete acquisition cost of the Easement and Temporary Construction 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, the Easement and the Temporary Construction
Easement, 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 and the CPUC. If this Agreement remains
unapproved by the Buyer's City Council and the CPUC, then the parties will have no
further obligation under this Agreement. If Buyer's City Council or the CPUC 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]
11
1236709.1
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.
SELLER
CITY OF PALM SPRINGS, a California Southern California Edison Company, a
charter city and municipal corporation California corporation
,z4David H. Ready
City Manager
Dated:
Attest:
eR-{q tie vt ff
Dated:
Approved as to form by:
:::'•, =R•G
City Attorney
APPROVED BY C 1 Y COUNCIL
- � �• R l01'1 f�'10d(
12
1236709.1
By:
Dated:
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:
(Opening of Escrow)
LAWYERS TITLE & ESCROW
By:
Name:
Its:
1236709.1
Exhibit List
Exhibit A-1
-- Legal Description of the Right -of -Way
Exhibit A-2
-- Legal Description of the Slope Easement
Exhibit A-3
-- Legal Description of the Drainage Easement
Exhibit B-1
-- Depiction of the Right -of -Way
Exhibit B-2
-- Depiction of the Slope Easement
Exhibit B-3
-- Depiction of Drainage Easement
Exhibit C
--Legal Description of the Temporary Construction Easement
Exhibit D
-- Depiction of the Temporary Construction Easement
Exhibit E
-- Form of the Easement
Exhibit F
-- Form of the Temporary Construction Easement
Exhibit G
-- Affidavit of Non -foreign Taxpayer Status
13
1236709.1
Exhibit "A-1", "A-2", and "A-3"
LEGAL DESCRIPTION OF THE EASEMENT AREA
1236709.1
EXHIBIT "A-1"
RIGHT-OF-WAY EASEMENT
APN 669-093-010
THAT PORTION OF THE NORTHWEST QUARTER OF 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, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY
APPROVED FEBRUARY 29, 1856, 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 THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08"
EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE -
SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG
SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE PARCEL 'A' OF CERTIFICATE OF
COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT
NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE
ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO
THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE
PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE
OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO
BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, THENCE ALONG SAID
PARALLEL LINE SOUTH 00019'24" WEST 158.57 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID PARALLEL SOUTH 89040'50" EAST 1.00 FEET;
2. THENCE SOUTH 00019'24" WEST 50.20 FEET;
3. THENCE NORTH 89040'50" WEST 1.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 50.20 FEET TO
THE TRUE POINT OF BEGINNING.
AREA = 50 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.
nqG
SIGNATUREyCG✓ 8-29-2017
MICHAEL A. HAVENER DATE
PLS 7354
._ No. 7354
OF CA% -
P.
Page 1 of 1
EXHIBIT "A-2"
SLOPE EASEMENT
APN 669-093-010
THAT PORTION OF THE NORTHWEST QUARTER OF 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, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY
APPROVED FEBRUARY 29, 1856, 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 THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08°
EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE -
SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG
SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 'A' OF CERTIFICATE OF
COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT
NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE
ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO
THE SOUTHWEST CORNER OF SAID PARCEL 'A', SAID POINT BEING THE TRUE
POINT OF BEGINNING;
1. THENCE ALONG SAID SOUTHERLY LINE NORTH 88050'44" EAST 15.00 FEET;
2. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00019'24" WEST 362.11
FEET;
3. THENCE SOUTH 89040'50" EAST 5.00 FEET;
4. THENCE SOUTH 00019'24" WEST 149.72 FEET TO THE SOUTHERLY LINE OF
LAND DESCRIBED IN DEED FROM DAVID MARGOLIUS AND BEULAH E.
MARGOLIUS, HUSBAND AND WIFE, TO CALIFORNIA ELECTRIC POWER
COMPANY, A CORPORATION, BY DEED RECORDED JUNE 21, 1957 IN BOOK
2107 PAGE 356 OF OFFICIAL RECORDS;
5. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88051'40" WEST 20.01 FEET
TO A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY
OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23,
SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN
CANYON DRIVE;
6. THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID PARALLEL LINE
NORTH 00019'24" EAST 303.19 FEET;
7. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'50" EAST 1.00 FEET;
8. THENCE NORTH 00019'24" EAST 50.20 FEET;
9. THENCE NORTH 89040'50" WEST 1.00 FEET TO SAID PARALLEL LINE;
10. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 158.57 FEET TO
THE TRUE POINT OF BEGINNING.
AREA = 8,378 SQUARE FEET, MORE OR LESS
Page 1 of 2
EXHIBIT "A-2"
SLOPE EASEMENT
APN 669-093-010
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.
SIGNATURE8-29-2017
MICHAEL A. HAVENER DATE No. 7354
PLS 7354 ((t r, (�
W
r�
Page 2 of 2
EXHIBIT "A-3"
DRAINAGE EASEMENT
APN 669-093-010
THAT PORTION OF THE NORTHWEST QUARTER OF 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, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY
APPROVED FEBRUARY 29, 1856, 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 THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08"
EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE -
SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG
SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF PARCEL `A' OF CERTIFICATE OF
COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT
NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE
ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO
THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE
PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE
OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO
BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE; THENCE ALONG SAID
PARALLEL LINE SOUTH 00019'24" WEST 403.20 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'36" EAST 20.00 FEET;
2. THENCE SOUTH 00019'24" WEST 20.00 FEET;
3. THENCE NORTH 89040'36" WEST 20.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 20.00 FEET TO
THE TRUE POINT OF BEGINNING.
AREA = 400 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�8-29-2017 No. 7354
TMICHAEL A. HAVENER DATE Y
PLS 7354
OF CAQF��
Page 1 of 1
Exhibit "B-1 ", "B-2", and "B-3"
DEPICTION OF THE EASEMENT AREA
1236709.1
EXHIBIT " B 1 " prri, '-"
(CERT. OF COMPLIANCEECOC 11-01
N N REC. 2/28/12 AS DOC. NO.
N 88'50'44° E ---- 2012-0086272 O.R.)
50.02'
II EGEN �
®RIGHT-OF-WAY EASEMENT
AREA = 50 SQ. FT., MORE OR LESS
T.P.O.B. TRUE POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
E1 POLE LINE EASEMENT IN FAVOR OF CALIFORNIA
ELECTRIC POWER CO. REC. 1 /18/1949 IN BK.
1045, PG. 186 O.R. NO WIDTH GIVEN.
E2 POLE LINE EASEMENT IN FAVOR OF NEVADA-
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
IN BK. 596, PG. 515 O.R.
E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 2/10/1948 IN
BK. 888, PG. 496 O.R. AMENDED 7/20/1978
AS INST. NO. 151067 O.R.
E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA
WATER AND TELEPHONE CO. REC. 3/20/1959 IN
BK. 2436, PG. 105 O.R.
E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 12/15/1952 AS
INST. NO. 53240 IN BK. 1424, PG. 279 O.R.
AMENDED 7/20/1978 AS INST. NO. 151067 O.R.
SEE SHEET 2 FOR NON-PLOTTABLE EASEMENTS
CV
J �
�w
ww
cn
a=
w
w-
Na
a
z
a
0
z
0 -1-,
N I
rn
M
c I
Z w
0 °
N
Z r-
0
U Iz
C)
IZs�
E3
I�E5
E4
Ltj
f E1
I
�� o
,r-E2
Ei
CL, o
I
tt1
ef-
z
II
I
C� Q
�
I0
0
CL
COL
< cv ,�
Z W N0
cx
::3
]G
W m
w
Woi
LANDS MULTIPLY DISTANCE BY 1.00002570
A. yq F�FTO OBTAIN GROUND DISTANCES P.O.C.
o
w INT. OF THE CENTER LINE
'0it OF INDIAN CANYON DR.
(INDIAN AVE.) AND SOUTHERN
* No. 7354 0 50 100 200 IT o PACIFIC RAILROAD AS SHOWN
7--? • 17 \� \ z ON ROS 18/2
OF CAL�E� �
/��/ cD SHEET 1 OF 2 SHEETS
REVISED BY: DATE: CITY 1 OF PALM SPRINGS s ALE
1° = 100'
DRAWN BY: KA DATE:5-7-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE:11-28-16 APN 669-093-010
APPROVED BY: DATE:
SOUTHERN CALIFORNIA EDISON COMPANY DWG. N0.
EXHIBIT "B-1"
I EGEN�
®RIGHT-OF-WAY EASEMENT (R/W)
AREA = 50 SQ. FT., MORE OR LESS
T.P.O.B. TRUE POINT OF BEGINNING
E2 POLE LINE EASEMENT IN FAVOR OF NEVADA-
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
IN BK. 596, PG. 515 O.R.
NON-P OTTABLE EASEMENTS
AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF
THE UNITED STATES OF AMERICA REC. 6/14/1954
IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE.
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
0 5 10 20
ISED BY:
DATE:
WN BY: KA
DATE:5-7-15
CKED BY: MH
DATE:11-28-16
ROVED BY:
DATE:
T.P.O.B. R/W
DETAIL 'A'
a
a
0
z
r
3
a
N
rnod
o 'r
0
ci
of
cV
E2
S 89'40'50" E
1.00'
b N
_ LLI
�I
Lo
LL, rn
0
rn
co
co
cc z
C) a
N ~
c" I�
r
0
0
U)
1�N 89'40'50" W
1.00'
SHEET 2 OF 2
CITY OF PALM SPRINGS 1'�"1. =10'
INDIAN CANYON DRIVE WIDENING
APN 669-093-010
SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT "B-2"
N N
N 88'50'44" E
50.02' N
SLOPE EASEMENT (SLOPE)
AREA = 8,378 SO. FT., MORE OR LESS
T.P.O.B. TRUE POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
E1 POLE LINE EASEMENT IN FAVOR OF CALIFORNIA
ELECTRIC POWER CO. REC. 1/18/1949 IN BK.
1045, PG. 186 O.R. NO WIDTH GIVEN.
E2 POLE LINE EASEMENT IN FAVOR OF NEVADA—
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
IN BK. 596, PG. 515 O.R.
E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 2/10/1948 IN
BK. 888, PG. 496 O.R. AMENDED 7/20/1978
AS INST. NO. 151067 O.R.
E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA
WATER AND TELEPHONE CO. REC. 3/20/1959 IN
BK. 2436, PG. 105 O.R.
E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 12/15/1952 AS
INST. NO. 53240 IN BK. 1424, PG. 279 O.R.
AMENDED 7/20/1978 AS INST. NO. 151067 O.R.
SEE SHEET 2 FOR NON—PLOTTABLE EASEMENTS
t,AND
No. 7354
S-2q-1�
�OF CA1-�i�
REVISED BY:
DRAWN BY: KA
CHECKED BY: MH
APPROVED BY.
T.P.O.B.—
SLOPE 0,
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
0 50 100 200
J �
FW
W W
o=
cn
uj
cna
WII
0_,
T A r-,, , r
(CERT. OF COMPLIANCE COC 11-01
REC. 2/28/12 AS DOC. NO.
2012-0086272 O.R.)
15.00'
�N 88'50'44" E
I \
�E2 Ir7
E1 E3
i N I E5
rn ::� E4
<
50' r � � �� cc o
w
0 .I g j I
cno I L�
LO
WCDZ
N S� I a
zcn�' I u'iN
r I o
!<, S
wcnM
1 n.
N 3 oa
g \
Z r N N co 0
o r_
Q O aj Of w W N
0 �I
z o =Z in
�Y
m
Z cn W
V) M
�S 88'51'40" W
1 20.01'
11W
6o P.O.C.
r INT. OF THE CENTER LINE
OF INDIAN CANYON DR.
Ir o (INDIAN AVE.) AND SOUTHERN
Z PACIFIC RAILROAD AS SHOWN
ON ROS 18/2
SHEET 1 OF 2 SHEETS
DATE: I CITY OF PALM SPRINGS
DATE: 5-7-15
INDIAN CANYON DRIVE WIDENING
DATE: 11 — 28-16 APN 669-093-010
DATE: SOUTHERN CALIFORNIA EDISON COMPANY
1"=100'
DWG.
EXHIBIT "B-2"
SLOPE EASEMENT (SLOPE)
Ell•-' O AREA = 8,378 SO. FT., MORE OR LESS
E2 POLE LINE EASEMENT IN FAVOR OF NEVADA-
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
IN BK. 596, PG. 515 O.R.
NON-PLOTTABLE EASEMENTS
AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF
THE UNITED STATES OF AMERICA REC. 6/14/1954
IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE.
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
0 5 10 20
EASED BY.
RAWN BY: KA
NECKED BY: MH
PROVED BY:
W
F4^
cn cd
cd
0
Q
O
V
Z
Q
Z
w
a
N �
DETAIL 'A' oM
z
...........................
.........................
..........................
................ ...
...........
................. .. m ......
.................. .........
..........
'N 89'40;50" W'•'•'.'•
k::........::::...... .•.
is .
N .—. .'. .... : LLI
k.:..' i •o o..
kv. cc•o.
LLB %r7
. LL,
SHEET 2 OF 2
DATE: CITY OF PALM SPRINGS I'�"l" = lo'
DATE: 5-7-15
INDIAN CANYON DRIVE WIDENING
DATE: 11 -28-16 APN 669-093-010
DATE: SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT $$B 3' (CERT. OF COMPLIANCE COC 11-01
N N REC. 2/28/12 AS DOC. NO.
N 88'S0'44" E 2012-0086272 O.R.)
LEGEN50.02' \_N N\
®DRAINAGE EASEMENT (DRAIN)
AREA = 400 SO. FT., MORE OR LESS
T.P.O.B. TRUE POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
a
E1
POLE LINE EASEMENT IN FAVOR OF CALIFORNIA
a
ELECTRIC POWER CO. REC. 1 /18/1949 IN BK.
z
1045, PG. 186 O.R. NO WIDTH GIVEN.
% c�
E2
POLE LINE EASEMENT IN FAVOR OF NEVADA-
rn
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
In
1-20
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
co
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
Z
IN BK. 596, PG. 515 O.R.
0
E3
PIPELINE EASEMENT IN FAVOR OF SOUTHERN
Z
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
Q
GAS CO. OF CALIFORNIA REC. 2/10/1948 IN
U
BK. 888, PG. 496 O.R. AMENDED 7/20/1978
AS INST. NO. 151067 O.R.
Z
Q
w
E4
UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA
M
WATER AND TELEPHONE CO. REC. 3/20/1959 IN
Z
r
BK. 2436, PG. 105 O.R.
—
o
0
E5
PIPELINE EASEMENT IN FAVOR OF SOUTHERN
z
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
T.P.O.B.
GAS CO. OF CALIFORNIA REC. 12/15/1952 AS
DRAIN
INST. NO. 53240 IN BK. 1424, PG. 279 O.R.
AMENDED 7/20/1978 AS INST. NO. 151067 O.R.
NON-PLOTTABLE EASEMENTS
AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF
THE UNITED STATES OF AMERICA REC. 6/14/1954
IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE.
50'
0
N
M
N
0)
7'
0
ow
o=
N CV
rn
7-
0
0
E2 Ls
E1 E3
E5
E4 Ltj
C7 b
LLB m co
LE C/7 a
Q
�1-, ,
S 89'40'36" E
20.00'
S 00*19'24" W
20.00'
N 89'40'36" W
S'LY LINE LAND PER
DEED REC. 6/21/1957
E� LAND SU
MULTIPLY DISTANCE BY 1.00002570
IN BK. 2107, PG. 356 O.R.
TO OBTAIN GROUND DISTANCES
w
00
P.O.C.
TNT. OF THE CENTER LINE
, 0 50 100 200',
No. 7354
o
I = o
OF INDIAN CANYON DR.
(INDIAN AVE.) AND SOUTHERN
PACIFIC RAILROAD AS SHOWN
9
/f
DF CAL�
ON ROS 18/2
SHEET 1 OF 1 SHEETS
CITY OF PALM SPRINGS Jv 1, = 100
REVISED BY: DATE: "
DRAWN BY: KA DATE:5-7-15 DOC. NO.
INDIAN CANYON DRIVE WIDENING
CHECKED BY: MH DATE: 11 -28-16 APN 669-093-010
DWG. NO.
APPROVED BY: DATE:
SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT C
LEGAL DESCRIPTION OF THE TEMPORARY EASEMENT AREA
1236709.1
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-093-010
THAT PORTION OF THE NORTHWEST QUARTER OF 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, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY
APPROVED FEBRUARY 29, 1856, 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 THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08"
EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE -
SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG
SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF PARCEL `A' OF CERTIFICATE OF
COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT
NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE
ALONG SAID WESTERLY PROLONGATION AND CONTINUING ALONG SAID
SOUTHERLY LINE NORTH 8805044" EAST 65.02 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 88050'44" EAST
14.00 FEET;
2. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00°19'24" WEST 348.47
FEET;
3. THENCE SOUTH 89040'50" EAST 5.00 FEET;
4. THENCE SOUTH 00019'24" WEST 163.36 FEET TO THE SOUTHERLY LINE OF
LAND DESCRIBED IN DEED FROM DAVID MARGOLIUS AND BEULAH E.
MARGOLIUS, HUSBAND AND WIFE, TO CALIFORNIA ELECTRIC POWER
COMPANY, A CORPORATION, BY DEED RECORDED JUNE 21, 1957 IN BOOK
2107 PAGE 356 OF OFFICIAL RECORDS;
5. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88051'40" WEST 14.00 FEET;
6. THENCE LEAVING SAID SOUTHERLY LINE NORTH 00019'24" EAST 149.72
FEET;
7. THENCE NORTH 89040'50" WEST 5.00 FEET;
8. THENCE NORTH 00019'24" EAST 362.11 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 7,236 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.
Page 1 of 2
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
APN 669-093-010
SIGNATURE ��/ i+---\ 8-29-2017
MICHAEL A. HAVENER DATE
PLS 7354
Page 2 of 2
EXHIBIT D
DEPICTION OF TEMPORARY EASEMENT AREA
1236709.1
EXHIBIT "D"
N 88'50 C�.CA'n
LEGE N
w
LC L�� TEMPORARY CONSTRUCTION EASEMENT (TCE) 65.02
AREA = 7,236 SO. FT., MORE OR LESS
T.P.O.B. TRUE POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
Et POLE LINE EASEMENT IN FAVOR OF CALIFORNIA
ELECTRIC POWER CO. REC. 1 /18/1949 IN BK.
1045, PG. 186 O.R. NO WIDTH GIVEN.
E2 POLE LINE EASEMENT IN FAVOR OF NEVADA-
CALIFORNIA ELECTRIC CORP. REC. 2/26/1938
IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943
IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943
IN BK. 596, PG. 515 O.R.
E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 2/10/1948 IN
BK. 888, PG. 496 O.R. AMENDED 7/20/1978
AS INST. NO. 151067 O.R.
E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA
WATER AND TELEPHONE CO. REC. 3/20/1959 IN
BK. 2436, PG. 105 O.R.
E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN
CALIFORNIA GAS CO. AND SOUTHERN COUNTIES
GAS CO. OF CALIFORNIA REC. 12/15/1952 AS
INST. NO. 53240 IN BK. 1424, PG. 279 O.R.
AMENDED 7/20/1978 AS INST. NO. 151067 O.R.
NON-PLOTTABLE EASEMENTS
AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF
THE UNITED STATES OF AMERICA REC. 6/14/1954
IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE.
U.
LAND
No. 7354
-17
�OF CA1.�F�Q`
T.P.O.B.
TCE
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
i
01
a
z
a
0
z
m
Z 3
0 �
p
Q 00
U W Z
I�
Z N
QW
r
o v
Q O N
Z z ,-
o
O
z
i i
PAfrI, r�
(CERT. OF COMPLIANCE COC 11-01
REC. 2/28/12 AS DOC. NO.
2012-0086272 O.R.)
�/14.00'
/ I N 88'50'44° E
E2 L
f�
E1 E3
E5
3 �E4
N
LL1
°
N 59
ii
cc,
o
o �
O
j �
U
T
I
C1
ui en
LL1
�
O
CC cin
CL
3
N
IM Cf
I (n
14.00'
S 88'51'40° W
S'LY LINE LAND PER
DEED REC. 6/21 /1957
IN BK. 2107. PG. 356 O.R.
W
00 P.O.C.
`n INT. OF THE CENTER LINE
0 50 100 200 OF INDIAN CANYON DR.
\ I� oo (INDIAN AVE.) AND SOUTHERN
z PACIFIC RAILROAD AS SHOWN
i ON ROS 18/2
SHEET 1 OF 1 SHEETS
BY: DATE:
BY. KA DATE:5-7-15
D BY: MH DATE: 11 -28-16
ED BY: DATE:
CITY OF PALM SPRINGS 1'Lni' =100'
INDIAN CANYON DRIVE WIDENING
APN 669-093-010
SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT E
FORM OF EASEMENT
1236709.1
EXHIBIT "E"
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91763
TITLE & VALUATION
Easement
Location: City of Palm Springs
APN: 669-093-010
RP File No.: GRT203320517
Affects SCE Document(s):
24130 and 253682
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ I Serial 71407A
Service Order 801475868
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS APPROVED
AND ENCUMBRANCES REMAINING AT TIME OF SALE REAL PROPERTIES
SO. CALIF. EDISON CO. DEPARTMENT
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
BY GS DATE 12122/16
GRANT OF RIGHT OF WAY, SLOPE EASEMENT, AND DRAINAGE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called
"Grantor", does hereby grant to the CITY OF PALM SPRINGS, hereinafter called
"Grantee", an easement for road right of way, slope and drainage purposes
("Easement"), in, on, under, over, along and across that certain real property in the City
of Palm Springs, County of Riverside, State of California, describe as follows:
Said road, slope and drainage easements are more particularly described
on the Exhibit A-1, A-2, and A-3, and more particularly depicted on the
Exhibit B-1, B-2 and B-3, both attached hereto and by this reference
made a part hereof (collectively, the "Easement Area").
SUBJECT TO any recorded covenants, conditions, restrictions, reservations,
exceptions, encumbrances, rights, easements, affecting the above described real
property or any portion thereof.
The forgoing grant is made subject to the following terms and conditions:
1. The Easement is granted subject to the right of Grantor to construct, maintain,
use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove
in, on, over, under, through, along and across the above described real
1236668.1
EXHIBIT "E"
property, electric transmission and distribution lines and communication lines,
together with supporting structures and appurtenances, for conveying electric
energy for light, heat, power and communication purposes, and pipelines and
appurtenances for the transportation of oil, petroleum, gas, water, or other
substances, and conduits for any and all purposes.
Grantor reserves for Grantor and Grantor's successors and assigns, the right to
install on the Easement Area for street and utility purposes, slope and drainage
purposes (1) a new underground electrical conduit getaway, (2) roads and
driveways and (3) fences and walls. The reservation and exercise of these rights
by Grantor, or any other person, shall I be subordinate to and shall not
unreasonably interfere with Grantee's use of the Easement.
2. Grantor shall not erect or place at any future time any of its facilities so as to
unreasonably interfere with the rights of Grantee created by this Easement.
Grantor shall provide Grantee reasonable advance written notice of any non -
emergency work within or about the Easement Area that may interfere or
endanger any improvements made by Grantee within the Easement Area.
3. The Easement shall be exercised so as not to unreasonably endanger or
interfere with the construction, maintenance, use, and operation, of any
electric transmission, distribution or communication lines, pipelines or other
conduits.
4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to
which it can legally do so, from and against all claims, liens, encumbrances,
actions, loss, damage, expense and/or liability arising from or growing out of
loss or damage to property, including Grantor's own property, or injury to or
death of persons, including employees of Grantor, resulting in any manner
whatsoever, directly or indirectly, by reason of the exercise of the rights hereby
granted; provided, however, that this covenant shall not apply in those
instances where such claims, liens, encumbrances, actions, loss, damage,
expense and/or liability are caused by the sole active negligence of Grantor.
5. Grantee agrees to pay to Grantor, upon demand, any and all costs of
relocation and/or construction of currently existing electric transmission,
distribution and communication lines and supporting structure, pipelines, and
conduits which may be or become necessary by reason of the exercise of the
rights granted pursuant to this Easement.
6. Grantee agrees that in the exercise of its rights hereunder, its contractor,
employees and other agents will maintain a minimum clearance of fifteen
(15.00) feet between their equipment and any and all overhead electric
conductors.
1236668.1
EXHIBIT "E"
7. Grantor shall have unobstructed access to its facilities at all times and the right
to clear, keep clear, and remove any and all obstructions of any kind at all
times.
8. Grantor reserves for itself the right to trim tree or trees which may grow in or
on the Easement Area and which, in the opinion of Grantor, endanger or
interfere with the proper operation or maintenance of said electric
transmission, distribution and communication lines, to the extent necessary to
prevent any such interference or danger.
9. The Easement Area is to be used only for the purposes specified herein and
in the event:
a. said real property is not so used; or
b. said real property shall be vacated as a street, slope and drainage
right of way; or
c. the project for which this Easement is being granted is abandoned,
the Easement shall thereupon, ipso facto, revert to and merge in the interest of
Grantor in the Easement Area.
10. Upon any purported termination or reversion of the rights as set forth in
Paragraph 9 herein, Grantee shall execute and deliver to Grantor, within thirty
(30) days after service of a written demand therefore, a good and sufficient
quitclaim deed to the rights herein given, or within the same period object to
and explain why such reversion and termination of the Easement has not
occurred. Should Grantee fail to object or refuse to deliver to Grantor a
quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure to
object or refusal of Grantee to execute and deliver said quitclaim deed as
herein provided and terminating this Easement shall, after ten (10) days from
the date of recordation of said notice, be conclusive evidence against Grantee
and all persons claiming under Grantee of the termination or revision of the
rights herein given.
11. As a controlling part of the consideration for the execution and delivery of this
instrument by Grantor, the Easement is accepted upon and subject to the
express condition that the improvement for which the Easement is given,
regardless of the time performed, and any other work or improvement
commenced within two years from the date of recording of this Easement
(which improvement or other work or improvement are hereinafter sometimes
collectively call "Improvement") shall be done without any cost or expense
whatsoever to Grantor, and that in the event a special assessment or
assessments is or are levied by an authorized lawful body against the real
property of Grantor for the Improvement, Grantee agrees that it will reimburse
1236668.1
EXHIBIT "E"
Grantor and it shall be a binding obligation of the Grantee to reimburse
Grantor for the full amount of any and all such special assessment or
assessments so levied for said Improvement and paid by Grantor.
12. Also as a controlling part of the consideration for the execution and delivery of
this instrument by Grantor, Grantee covenants, for itself, its successors and
assigns, to construct and maintain the improvement to be located on the
Easement Area at its own expense.
13. Grantee hereby recognizes Grantor's title and interest in and to the Easement
Area and agrees never to assail or resist Grantor's title or interest therein.
14.Any earth fill placed by Grantee within the boundaries of the Easement Area
shall have a relative compaction density of ninety percent (90) %.
15. Grantee agrees that all construction equipment, when not in use, shall be
parked clear of the Easement Area and/or rendered immobile.
16. Grantee agrees to provide twenty (20) —foot wide commercial type driveway(s)
with curb depression(s) capable of supporting forty (40) tons on a three axle
truck at (such/a) location specified by the Grantor.
17. Grantee agrees to maintain the Easement Area.
18.Any underground facilities shall be buried in the ground so that the tops
thereof shall be not less than 36" inches below the surface of the ground, shall
be capable of supporting three -axle vehicles up to forty (40) tons, and shall be
of such type of construction and material as to be sufficient and safe for the
purpose for which they are to be used.
19. Grantee shall promptly and properly replace the earth over any underground
facilities, shall tamp or water -settle such earth so that no depressions shall be
left or shall develop in the surface of the ground over said underground
facilities, and shall restore the surface of the ground over said underground
facilities to as near its original condition and appearance as possible.
20. Any pipeline shall be constructed to withstand a pressure equal to a least one
hundred fifty percent (150%) of its maximum operating pressure.
21. Grantee agrees that all fencing and metallic structures installed within the
Easement Area shall be adequately grounded.
22. Any trees or plants within the Easement Area maintained by the Grantee shall
not exceed a height of fifteen (15) feet.
123666&1
EXHIBIT "E"
23. Grantee agrees that during any period of construction activity, it will
periodically water down the construction area within the above described real
property, so as to prevent dust contamination of Grantor's facilities.
IN WITNESS WHEREOF, the parties caused this instrument to be executed
this day of , 20_
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
in
Right of Way Agent
Land Management Division
Real Properties Department
{CERTIFICATE OF ACCEPTANCE BY CITY FOLLOWS}
1236668.1
EXHIBIT "E"
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to the CITY OF PALM
SPRINGS, a California charter city and municipal corporation ("City"), by the Grant of Of
Right Of Way, Slope Easement, And Drainage Easement dated ,
2017, from Southern California Edison, a corporation, the provisions of which are
incorporated by this reference as though fully set forth in this Certification, is hereby
accepted by the undersigned officer(s) on behalf of the City pursuant to authority
conferred by the City's governing body and City, as Grantee, and Grantee, consents to
recordation thereof by its duly authorized officer.
Dated:
David H. Ready, City Manager
1236668. l
EXHIBIT F
FORM OF TEMPORARY CONSTRUCTION EASEMENT
1236709.1
RECORDING REQUESTED BY
EXHIBIT "F"
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91763
TITLE & VALUATION
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Location:
DOCUMENTARY TRANSFER TAX $ Serial No.
Service Order
A.P.N: 669-093-010 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Approved
RP FILE NO. OR COMPUTED ON FULL VALUE LESS LIENS AND Real Properties
SCE Doc No. ENCUMBRANCES REMAINING AT TIME OF SALE Department
SCE Comoanv.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name BY _ DATE
GRANT OF
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, hereinafter referred to as "GRANTOR," does hereby grant to City of
Palm Springs, a public agency, hereinafter referred to as "GRANTEE," a temporary, non-exclusive
easement for construction -related purposes ("Temporary Construction Easement") in, over, under
and across those portions of real property located in the County of Riverside, State of California, and
more particularly identified as follows:
Those parcels legally described in the attached Exhibit A and depicted in the attached Exhibit B, as
said Exhibits are incorporated herein by this reference (collectively, the "Easement Areas").
1. Use of the Easement Areas. Use of the Easement Areas, and exercise of the easement
rights herein granted are limited to:
a. The right to transport personnel, trucks, cars, equipment and materials over,
through and across all portions of the Easement Areas for purposes of the construction of GRANTEE's
road, slope and drainage improvements on adjacent property.
b. The right to store, maintain and operate on the Easement Areas such equipment,
tools, machinery, inventory, implements and other materials as are necessary or convenient in
connection with the construction of GRANTEE's road, slope and drainage improvements on adjacent
property.
2. Term of Temporary Construction Easement. The Temporary Construction Easement
shall commence on the Effective Date hereof (as defined below) and shall automatically terminate and
expire upon (i) the date construction of the road, slope and drainage improvements are completed or (ii)
the fifth (5th) anniversary of the Effective Date, whichever date shall first occur (the "Term"). Upon the
expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary
Construction Easement shall automatically terminate and be of no further force and effect.
3. Use of Gates, Removal of Materials Impeding the Easement. GRANTEE shall have the
right to use gates in all of GRANTOR's fences which presently or hereafter cross the Easement Areas,
1236671.1
Temporary Construction Easement
EXHIBIT "F"
, to
S. C. E. Co., a corp.
Serial No.
RP File:
and to remove, trim, cut and clear away any trees and brush within the Easement Areas (and relocate
any other materials situated, placed or appearing within the Easement Areas) whenever in GRANTEE's
reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights
granted hereby.
4. Obligation to Restore Easement Areas. After completion of any work performed by
GRANTEE or its agents, contractors or employees which disturbs the surface of the Easement Areas,
GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably
possible to its original character (as existing/measured at the time of the Effective Date of this
Temporary Construction Easement.
5. Obligation to Obtain Necessary Approvals. Prior to engaging in any activity upon the
Easement Areas, GRANTEEE shall, at its sole cost and expense, apply for and obtain all necessary
permits, authorizations, licenses and approvals (collectively, "Approvals") which are or may be required
from any body, agency, or department with jurisdiction over the Easement Areas.
6. Rights Retained by GRANTOR. The easement rights acquired by GRANTEE pursuant to
this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the
surface and subsurface of the land within the Easement Areas to the extent that such use is
compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE.
7. Indemnification.
a. GRANTEE. GRANTEE hereby agrees to indemnify, defend (with counsel
acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including
their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives,
contractors and employees (collectively, the "Grantor Representatives"), and each of them, and their
property from all loss, liability, damages, claims, costs and expenses (including attorneys' fees and
court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of
GRANTEE, its employees, agents, contractors and representatives (collectively, the "Grantee
Representatives") in connection with the use of the Easement Area by GRANTEE and/or the Grantee
Representatives or any material breach of this Temporary Construction Easement by GRANTEE;
provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from
any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent
jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of
GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to
recovery under the forgoing indemnity.
b. GRANTOR. GRANTOR hereby agrees to indemnify, defend (with counsel
acceptable to GRANTEE), release and hold harmless GRANTEE and the Grantee Representatives, and
each of them, and its and their property from all loss, liability, damages, claims, costs and expenses
(including attorneys' fee and court costs) arising directly or indirectly out of the acts or omissions,
intentional or otherwise, of GRANTOR or the Grantor Representatives in connection with the use of the
Easement Areas by GRANTOR and/or the Grantor Representatives or any material breach of this
Temporary Construction Easement by GRANTOR; provided, however that nothing contained in this
paragraph shall operate to relieve GRANTEE from any loss, liability, damages, claims, costs or expenses
to the extent determined by a court of competent jurisdiction to have been proximately caused by the
willful misconduct or negligent acts or omissions of GRANTEE, the Grantee Representatives, or any of
them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.
8. General Provisions.
1236671.1
EXHIBIT "F"
Temporary Construction Easement
to
S. C. E. Co., a corp.
Serial No.
RP File:
a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and
agree that the rights conferred by this Temporary Construction Easement are intended to, and do,
constitute covenants that run with the land and shall inure to the benefit of and be binding upon the
parties and their respective grantees, heirs, successors and assigns.
b. Effective Date. This Temporary Construction Easement shall be effective upon
the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this
instrument.
C. Authorized Representative. Each individual signing on behalf of a party to this
Temporary Construction Easement states that he or she is the duly authorized representative of the
signing party and that his or her signature on this Temporary Construction Easement has been duly
authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the
representative is signing.
d. Attorney's Fees. In the event of any dispute between the parties regarding the
enforcement or effect of this Temporary Construction Easement, the non -prevailing party in any such
dispute shall pay the prevailing parry's reasonable attorney's fees and costs actually incurred. In the
event that neither party wholly prevails, the court may apportion the costs or fees as the court deems
appropriate.
e. Further Cooperation. Each of the signatories to this Temporary Construction
Easement agree to execute such other documents and to perform such other acts as may be
reasonably necessary or desirable to further the expressed and intent purpose of this Temporary
Construction Easement.
f. General Order 69-C. This temporary easement is granted pursuant to California
Public Utilities Commission General Order 69-C, incorporated by reference herein.
g. Warranty. GRANTOR makes no warranty to GRANTEE regarding the fitness or
suitability of the subject property for any use by GRANTEE.
EXECUTED this day of , 20
SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation
By: _
Name:
Its:
1236671.1
EXHIBIT "F"
Temporary Construction Easement
to
S. C. E. Co., a corp.
Serial No.
RP File:
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 SAN BERNARDINO
On , before me, , a Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of
which the person 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
1236671.1
DO NOT RECORD.
DO NOT SEND
TO IRS.
EXHIBIT G
CERTIFICATION OF NON -FOREIGN
STATUS BY TRANSFEROR
TRANSFEREE (BUYER)
MUST RETAIN FOR
SIX YEARS AFTER
THE TRANSACTION.
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 of tax is not required
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:
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.
1236709.1
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:
County, State of
1236709.1