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Home My WebLink AboutA8558 - R&D LIVING TRUST UDTDocusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E Page 1 of 2 1721907.1 South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Project 691 South Palm Canyon Drive Palm Springs, California 92264 SBL22370-CGC 513-290-012 Property Address Escrow No. APN 12-02, BRLS-5282 (042)618650440 Federal Project No.Title Order No. FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT This First Amendment to Right-of-Way Contract (“Amendment”) is entered into by and between the CITY OF PALM SPRINGS, a California charter City and municipal corporation (“City”), (hereinafter, “Grantee”) and Rocco Dilucchio and Debra Dilucchio, as Trustees of the R&D Living Trust UDT dated July 21, 1993 (hereinafter, “Grantor”) regarding certain real property located in 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) 513-290-012, (referred to as the “Property”) in connection with the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, BRLS-5282 (042) (“Project”). FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. On or about August 17, 2020, the City of Palm Springs and Grantor entered into a Right-of-Way Contract (“Original Right-of-Way Contract”) related to the City of Palm Springs acquisition of a temporary, non- exclusive construction easement over a portion of the Property, as described on the attached legal description, referenced as APN 513-290-012, Exhibits “A” and “B” shown on the attached maps, (the "Easement Area"), which are attached hereto and incorporated herein by reference respectively, to the Original Right-of-Way Contract. 2. Paragraph 7 of the Original Right-of-Way Contract provides that the temporary construction easement (“TCE”) shall be for a period of four (4) years (“TCE Term”) from the recordation of the Temporary Construction Easement. 3.The parties desire to extend the Construction Period to allow the City of Palm Springs the ability to complete the requisite Project improvements and construction activities within the TCE. The Construction Period shall be extended for an additional twenty four (24) months commencing on July 1, 2024 and ending on July 1, 2026. (“TCE Extension”). 4.The City of Palm Springs shall pay the undersigned Grantor the sum of SIX HUNDRED EIGHT DOLLARS AND NO CENTS ($608.00) (“Additional Compensation”) as consideration for the TCE Extension. 5. The parties to this Amendment shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 28 C.F.R Section 50.3. Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E 6.No person in the United States shall, on the grounds of race, color, or national origin, be excluded fromparticipation in, be denied the benefits of, or be otherwise subjected to discrimination under any programor activity that is the subject of this Amendment. 7.All terms used herein sha11 have the meanings assigned to them in the Original Right-Of-Way Contractunless the context clearly requires otherwise. 8.All other terms, conditions, releases, and waivers of the Original Right-of-Way Contract remain in fullforce and effect. This Amendment does not affect the City of Palm Springs acquisition of, or compensationfor the rights acquired under the Original Right-of-Way Contract. 9.This Amendment may be executed in counterparts, including by facsimile and/or email, each of which soexecuted shall, irrespective of the date of its execution and delivery, be deemed an original, and all suchcounterparts together shall constitute one and the same instrument. In Witness Whereof, the parties have executed this Amendment on the day and year set forth below. Rocco Dilucchio and Debra Dilucchio, as Trustees of the R&D Living Trust UDT dated July 21, 1993 Date: -�J._1.-#_.----'-;2_,.. '{ ___ _ By: _..J_·Y-a�<'--=-D-=-· -��2 _ -=#ebr;Brlucchio, Trustee ··7 ,,J' /___,, 2 u Date: __ --1 __ --..::.;s_ • __ .J_.,_ ____ _ CITY OF PALM SPRINGS, a California charter city and municipal corporation By: ____________ _ Scott C. Stiles, City Manager Date: --------------- Pa e2 of2 APPROVED AS TO FORM: By: ___________ _ Jeffrey S. Ballinger, City Attorney ATTEST: By: _______City Clerk Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E 9/4/2024 Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E Docusign Envelope ID: D4172636-0527-42B1-9AC8-C75AE288E79E RECORDING REQUESTED BY LAWYERS TITLE 618650440 MAIL TAX STATEMENTS AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF PALM SPRINGS 3200 E. TAHQUITEZ CANYON WAY PALM SPRINGS, CA 92262 DOC # 2020-0401632 08/27/2020 05:00 PM Fees: $0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording— Receipted by: CHERYL #637 /In6 (Space above this line for Recorder's use) GRANT DEED NO RECORDING FEE PURSUANT TO GOVERNMENT CODE 27383 NO DOCUMENTARY TRANSFER TAX PURSUANT TO CALIFORNIA REVENUE &TAXATION CODE 11922 DTT: $0.00 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) RECORDING REQUESTED BY LAWYERS TITLE 618650440 MAIL TAX STATEMENTS AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF PALM SPRINGS 3200 E. TAHQUITEZ CANYON WAY PALM SPRINGS, CA 92262 (Space above this line for Recorder's use) GRANT DEED NO RECORDING FEE PURSUANT TO GOVERNMENT CODE 27383 NO DOCUMENTARY TRANSFER TAX PURSUANT TO CALIFORNIA REVENUE & TAXATION CODE 11922 DTT: $0.00 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) RECORDING REQUESTED BY City of Palm Springs t-aw e fz, Ti +1'e-- to I ?,(O`—DLi �Ft� 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 (PALM CANYON DRIVE) APN # 513-290-012 Ina. For a valuable consideration, receipt of which is hereby acknowledged, Rocco Dilucchio and Debra Dilucchio, as Trustees of the R & D Living Trust UDT dated July 21,1993, (hereinafter "Grantor"), hereby GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter "Grantee"), 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 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. GRANTOR: Rocco Dilucchio and Debra Dilucchio, as Trustees of the R & D Living Trust UDT dated July 21, 1993 Dated: By: Rocco Dilucchio, Trustee Dated: By: Debra Dilucchio, Trustee 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 Riverside On June 5, 2020 before me, Timothy R. McCloud, Notary Public Date Name, Title of Officer personally appeared Rocco Anthony Dilucchio & Debra Kay Dilucchio 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 offici eal. -T-N\ Signature of Notary TIMOTHY R. MCCLOUD Notary Public • California = Riverside County Commission # 2270910 My Comm. Expires Dec 14, 2022 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT Title or Type of Document Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Exhibit "A" LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION AREA EXHIBIT "A" LEGAL DESCRIPTION APN 513-290-012 DILUCCHIO RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA: THAT PORTION OF LOT 12, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN,OF PALM VALLEY COLONY LANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, SAN DIEGO COUNTY RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER INTERSECTION OF SOUTH PALM CANYON DRIVE (30 FEET HALF WIDTH WESTERLY) (FORMERLY COUNTY HIGHWAY) AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 9 AT PAGE 76, RECORDS OF RIVERSIDE COUNTY AND THE SOUTHERLY LINE OF SAID LOT 12, SAID SOUTHERLY LINE ALSO BEING THE CENTERLINE OF WEST SUNNY DUNE ROAD; THENCE SOUTH 89041'02" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 34.56 FEET TO A POINT THEREON; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 00°18'56" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 25.00 FEET, MEASURED AT A RIGHT ANGLE, FROM SAID SOUTHERLY LINE OF LOT 12, SAID POINT BEING ON THE WESTERLY LINE OF CERTAIN PUBLIC STREET AND UTILITY EASEMENT GRANTED FROM ROY AND MELVA HAWTHONE TO THE CITY OF PALM SPRINGS AS DESCRIBED IN RESOLUTION NO. 1995 PER DOCUMENT RECORDED MARCH 22, 1964 IN BOOK 1567, PAGE 268 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 89041'02" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 10.16 FEET TO A POINT ON A CURVE CONCENTRIC WITH AND DISTANT 10.00 FEET SOUTHWESTERLY, MEASURED RADIALLY, FROM SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTH PALM DRIVE, SAID POINT ASLO BEING THE BEGINNING A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1107.03 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 79°23'45" EAST, AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 00054'24", AN ARC DISTANCE OF 17.52 FEET TO A POINT THEREON; THENCE SOUTH 77011'05" WEST, A DISTANCE OF 10.31 FEET; Page 1 of 2 IlelsinorelW0212014114-02621DrawingvWappingll4-0262-RW-DILUCCHIO Legal.doex Albert A. Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 513-290-012 DILUCCHIO RIGHT-OF-WAY DEDICATION THENCE SOUTH 13007'24" EAST, A DISTANCE OF 15.36 FEET TO A POINT ON SAID NORTHERLY LINE OF RESOLUTION NO. 5715, RECORDED JANUARY 18, 1996 AS INSTRUMENT NO. 4448 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89041'02" EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 9.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 165 SQUARE FEET, MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION F.� LAND SG c Av--/z 2C7 PAL E. Jol, �G Michael E. Jdhnson, L.S. 7673 Date u ��°� N0 0 J � Prepared By: JCR N0. 7673 Checked By: sTgTF OF CAL1f��\P Page 2 of 2 Ilelsinore4W0212014114-0262WrawingslMappingll4-0262-RW-DILUCCHIO_Legal.docx Albert A. Webb Associates Exhibit "B" PICTION OF RIGHT-OF-WAY DEDICATION AREA w EXHIBIT "B" RIGHT-OF-WAY E APN 513-290-012 DILUCCHIO NOTES ( ) RECORD DATA PER RS 9/76. S 1 PALM VALLEY COLONY LANDS y MB 14/652-SAN DIEGO 1 PO R. LOT 12 \ 'p, ll LINE TABLE LINE # DIRECTION LENGTH Li S89'41'02"W 10.16' L2 S77'11'05"W 10.31' L3 S13'07'24"E 15.36' L4 N89'41'02"E 9.92' CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 1107.03' 0'54'24" 17.52' ROCCO & DEBRA DILLUCCHIO APN 513-290-012 RS 9/76 PER RS 9/76 1 - 1 r PER DOC. #95-074265 O.R. REC. 3/10/1995 1.2 R/W PER RS 9/76 6,11, 1 30' R/W AREA 165 S.F. 0.004 A.C. TPOB LLk1 4 L1 r) '23' 45"E(R)_ �o I. A ND sG r N'LY LINE OF I w I �,Jpl E. joAf, INST. #1960-4448 O.R. o I z O o REC. 1/18/1960 I o J N0. 7673 A INST. #1960-4448 O.R. n I REC. 1/18/1960 N41E of CAI.LFO�a\p 6/%f!i1i9 Z I S.W. COR. LOT 12 I 1/16 SEC. COR. SUNNY DUNES RD POC PER RS 9/76 l I 34.56' S89'41'02"W (S89'39'W) 1 " = 10' S'LY LINE OF LOT 12, SEC. 23, T4S, R4E, SBM MB 14/652 S.D. CO. 5 0 10 A L B E R T A. CITY OF PALM SPRINGS A S S O C I A T E S 1 G:',2014` 14-0262\Drawings\Mopping\14-0262-RW-DILUCCHIO.dwg 1/28/2019 9:15 AM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET 1 OF 1 14-262 SCALE: 1 "=10' DRWN BY JQR DATE 14 2019 SUBJECT: RIGHT-OF-WAY DEDICATION CHKD BY MEJ DATE t City Springsof Palm Office of the City Clerk 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web: www.paimspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the following: Grant Deed Dated: d(olz-q From: Rocco Dilucchio and Debra Dilucchio, as Trustees of the R & D Living Trust UDT dated July 21,1993 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 29+" day of ,202q pursuant to authority granted by the City Council of said City, by Resolution No. 241r65L made on the 'Zr'O day of Qckab" , MCI , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this ZLP` day of M ra, 202.0 . ��11111 �� I� — 2. 3. 4. 5. 6. 7. 9. 10. 11. PETER ALDANA Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951) 486-7000 Website: www.riversideacr.com DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 513 --290 --012 I declare that the documentary transfer tax for this Property Address: Vacant I and, Palm Springs transaction is: $(C)0 If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECA USE. (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other". Section 11911. The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor. Section 11911. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary. Section 11921. The conveyance was given to secure a debt. x Section 11922. The conveyance is to a governmental entity or political subdivision. Section 11925. The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held. Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. Section 11927. The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.) Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Also, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue Service. Section 8. The easement is nQlperpetual, permanent, or for life. Section 9. The document is a lease for a term of jgv&Lthan (35) years (including written options.) Other (Include explanation and legal authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed this 24th day of July 202i,')_ at San Bernardino California -o _ `^ ^� [ City State Vl v U v� Christina Probasco Signature of Afflanf Printed Name of Affiant InwyQrs Title Comfy 625 E. Carnegie nr_. #105 San Bernardino CA 92408 Name of Finn (if applicable) Address of Affiant (including City, State, and Zip Code) AnA-A6�-S588 Telephone Number of Affiant (including area code) This form is subject to the California Public Records Act (Government Code 6250 et. seq.) For Recorder's Use: Affix PCOR Label Here ACR 521 (Rev. 11/2014) Available in Alternate Formats Vonda Teed From: Tim McCloud <tiMcCloud@opcservices.com> Sent: Thursday, July 9, 2020 10:37 AM To: Vonda Teed Cc: Joel Montalvo; Patti Feist Subject: RE: South Palm Canyon Drive Bridge Project I Request for Escrow Funds I APN: 513-290-012 - Dilucchio Good morning Vonda — Please see below response from the escrow officer Colleen with Lawyers Title regarding the additional escrow documents. Per Colleens email if she is signing as a party to the agreement and accepts the escrow instructions contained in the agreement there will be no need for any additional documents. If you have any questions or need further clarification please feel free to contact us. Thanks and have a great day, -Tim YEARS PC Enhancing Lives Through fnfrasuvc°ture i 1980.2020 Tim McCloud Right of Way Agent Riverside, CA Office (951) 683-2353 tiMcCloud@opcservices.com www.0PCservices.com From: Graves, Colleen <CGraves@Itic.com> Sent: Thursday, July 9, 2020 9:35 AM To: Tim McCloud <tiMcCloud@opcservices.com> Cc: Patti Feist <pFeist@opcservices.com> Subject: RE: 513-290-012-Dilucchio-SBL21925-CGC Request to Open Escrow Hi Tim and Patti, If the title of the agreement includes "and Escrow Instructions" or "and Joint Escrow Instructions", and I am signing the agreement as a party, there is no need for me to prepare additional escrow instructions, UNLESS, there is something in the agreement that you're including me in that I do not want to be a part of. In that case, I would prepare an instruction excepting me from that portion and send out for all to sign. Enjoy your day! Colleen Graves, CSEO, CEI, SASIP, Sr. Escrow Officer Lawyers Title Company Inland Empire Phone: 909.963.5570 Christina: 909-963-5575 Fax: 866.696.3389 Viewing OME encrypted Messages Email: caraves@ltic.com Christina.probasco@ltic.com Web: www.lawyersie.com 625 E. Carnegie Dr., # 105, San Bernardino, CA 92408 From: Vonda Teed <Vonda.Teed@pal mspringsca.gov> Sent: Thursday, July 9, 2020 7:31 AM To: Patti Feist <pFeist@opcservices.com>; Tim McCloud <tiMcCloud@opcservices.com> Cc: Joel Montalvo <Joel.Montalvo@ palmspringsca.gov> Subject: RE: South Palm Canyon Drive Bridge Project I Request for Escrow Funds I APN: 513-290-012 - Dilucchio Good morning Patti and Tim, On previous projects there was considerably more paperwork involved regarding escrow instructions. I have attached two examples from two different escrow companies for two different projects. There is only one document provided for the subject project regarding escrow. Is this one document all that is needed and why? Thank you, Vonda Teed Engineering Administrative Secretary City of Palm Springs Engineering Division 760-323-8253 X8737 &M m CALIFORNIA Like no place else," From: Tim McCloud <tiMcCloud@opcservices.com> Sent: Wednesday, July 8, 2020 4:56 PM To: Joel Montalvo <Joel.Montalvo@palmspringsca.eov> Cc: Vonda Teed <Vonda.Teed@palmspringsca.eov>; Patti Feist <pFeist@opcservices.com> Subject: RE: South Palm Canyon Drive Bridge Project I Request for Escrow Funds I APN: 513-290-012 - Dilucchio E Good afternoon Joel — Please see attached documents in reference to the request for escrow funds for the following South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Project parcel below: APN: Property Owner: Escrow No. I Wire Transfer Amount: 13 •i . Attached you will find OPC's formal request for funds, buyers escrow settlement statement, wire transfer instructions and copy of the fully executed purchase agreement for reference. Please note the attached settlement statement will need to be signed and returned to escrow prior to closing. The settlement statement may be signed and returned via email (PDF). If you have any questions regarding the request or require any further documentation to process the request please feel free to contact Patti Feist or myself, we will be more than happy to assist. Thanks, -Tim 4 YEARS PC Enhancing Lives Through Infrist(mtute 119ao-2o24 Tim McCloud Right of Way Agent Riverside, CA Office (951) 683-2353 tiMcCloud (d)opcservices.com www.OPCservices.com SBL21925 As of 5/8/2020 1:15:48 PM Page 1 Lawyers Title Company 625 E. Carnegie A. Lawyers Title• Faone 09) 9) 963- 9e, Suite 105 San Bernardino CA 92408 J" Escrow Office96Colleen Graves SBL21925-CGC Escrow Officer Email: cgraves(dltiacom Buyer's / Borrower's Settlement Statement - Estimated Property: Vacant Land - 513-290-012 , Palm Springs, CA Closed Date: Est. Closing Date: Loan Number: Buyer: City of Palm Springs Escrow Number: Debits Purchase Price Purchase Price $5,100.00 Escrow Fees Escrow Fees to Lawyers Title Co $630.00 Title Charges Owner's Coverage ($5,100) to Lawyers Title Company $396.00 Recording Fees / Transfer Taxes Recording Service Fee to Simplifile $14.00 Additional Services Additional Deposit for Final Calculations at Close $100.00 Balance Due Totals: $6,240.00 5/29/2020 SBL21925-CGC Credits $6,240.00 $6,240.00 This is an estimated closing statement and is subject to changes, corrections or additions at the time of final closing. Signed on this day of SU Z- Zo Zd r City of Palm Springs SIGN By• utho ze signer r APPROVED AS TO FORM I t1TVWTTOfNEY A ST: Clerk f 4$ 5 51 Enhancing Lives Through Infrastructure July 8, 2020 Joel Montalvo, MPA, PE City Engineer Development Services City of Palm Springs DELIVERY VIA EMAIL Regarding: Project: South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Project No: 12-02, BRLS-5282 (042) Request for Escrow Funds — Wire Transfer Dear Mr. Montalvo, Please consider this letter as our request for funds in connection with the above -referenced project. In accordance with the executed Right of Way Contract dated June 24, 2020, this amount represents the full amount for the acquisition plus escrow cost to acquire the interest located at 691 South Palm Canyon Drive, Palm Springs, CA 92264. Enclosed please find the following documents in reference to the request for escrow funds for the following parcel: APN: Owner: Escrow No. Wire Transfer Amount: Documents Enclosed: 513-290-012 Dilucchio SBL21925 $6,240.00 1- Estimated Closing Statement 1- Wire Instructions 1- Purchase Agreement (Reference) Upon the City of Palm Spring's review and approval, we hereby request a wire transfer made payable to: Lawyers Title Company Inland Empire, Attn: Colleen Graves Reference Escrow No: SBL21925 APN: 513-290-012 Electronic Funds Transfer Request Amount: $6,240.00 Please notify us when the electronic funds transfer has been processed and submitted to Lawyers Title Company. If you have any questions regarding the request, please feel free to contact me at (951) 801-7004. Sincerely, Overland, Pacific & Cutler, LLC 71c.all Tim McCloud Right -of -Way Agent Cc: Patti Feist — OPC Vonda Teed — City of Palm Springs www.OPCservices.com 12280 Market Street, Suite 200, Riverside, CA 92501 ph 951.683.2353 I fx 951.683.3901 i Ot Lawyers Title Escrow Division 625 E. Carnegie Drive, Suite 105 San Bernardino, CA 92408 Phone: (909) 963-5588 Fax: (866) 696-3389 Escrow Officer: Colleen Graves Escrow Officer's e-mail: cgraves@ltic.com Escrow Number: SBL21925 - LT143 - CGC Property Address: Vacant Land - 513-290-012 , Palm Springs CA, Escrow Officer: Colleen Graves For Credit To: City of Palm Springs Date: May 8, 2020 WIRE TRANSFER INSTRUCTIONS The following information is provided to you, per your request, in order to send a WIRE TRANSFER to Lawyers Title Company Bank Name/Address: BANK ROUTING Number: CREDIT TO: Branch / Account Number: City National Bank 555 South Flower St. 17th Floor Los Angeles, Ca. 90071 122016066 Lawyers Title Company 555295596 For Further Credit to Escrow No: SBL21925 - 143 Attention: Colleen Graves All information must be EXACT or a delay in your wired funds may occur, which may also delay the closing of your escrow transaction. Funds required for this transaction, in order to be immediately credited to your escrow, must be sent in the form of a wire transfer. Note: Any electronic funds attempted to be sent via Automated Clearing House ("ACH") will be rejected and sent back to the originators account. The process of rejecting an ACH may take anywhere from 5-10 days, which will result in the delay of your closing. Neither Lawyers Title Company, or the bank mentioned above, will assume any liability for delays in your wire due to incorrect information or the return of an ACH transfer. If there are any questions regarding the wire transfer of your funds, please do not hesitate to contact our office our bank named above. RESOLUTION NO. 24652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION OF RIGHT- OF-WAY FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT, CITY PROJECT 12-02, FEDERAL -AID PROJECT NO. BRLS-5282(042). WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (1STEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients for these federal -aid funds in accordance with the intent of federal law; and WHEREAS, before federal -funds will be made available for a specific program project, the City of Palm Springs and State of California are required to enter into an agreement to establish terms and conditions applicable to the City of Palm Springs when receiving federal funds for a designated project facility and to the subsequent operation and maintenance of that completed facility; and WHEREAS, On November 14, 2018, the City of Palm Springs and Caltrans entered into an agreement related to the Preliminary Engineering (PE) and Right -of -Way (R/VV) phases of the South Palm Canyon Bridge Replacement Project (City Project No. 12-02), Federal -Aid Project No. BRLS-5282(042); and WHEREAS, the Project requires the acquisition of various parcels of permanent right-of-way and temporary easements, from a variety of different property owners; and WHEREAS, Title 7 "Procurement and Contracting" of the Palm Springs Municipal Code, ("Code"), established procedures for the procurement of supplies, services, and construction of public projects, and defined the authority for the procurement function including signatory authority for purchase orders and written contracts which bind the City for the acquisition of equipment, supplies, labor or services within the budget approved by the City Council and within the monetary limits established by the City Council; as provided in Section 318 the City Charter; and WHEREAS, Section 318 of the City Charter allows the City Council by Resolution to authorize the City Manager to bind the City, with or without a written contract, including by purchase order, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority; and Resolution No 24652 Page 2 WHEREAS, the public's interest is best served by implementing a streamlined process for the acquisition of right-of-way and easements for the Project, whereby the City Council authorizes the City Manager to acquire any and all right-of-way and easements for the Project pursuant to the terms of the Agreement THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby authorizes the City Manager to approve any and all agreements for the acquisition of permanent right-of-way or temporary easements, as the case may be for the South Palm Canyon Bridge Replacement Project (City Project No. 12-02), Federal -Aid Project No. BRLS-5282(042) . SECTION 2. The City Manager may designate the City Engineer, or his designee, to execute and process any and all escrow documents or other forms on behalf of the City Manager, as may be necessary to facilitate the transfer of property, subject to the approval of the City Attorney. ADOPTED THIS 2N0 DAY OF OCTOBER 2019. G David H. Ready. Es City Manager ATTEST: thony J. Ma, M C City Clerk Resolution No 24652 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24652 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 2"d day of October, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this I day of Gc.-tube -ew -� ti4ti- nthony J. City Clerk CONTRACT ABSTRACT 1 Original: Escrow Information — ROW and TCE Agreement I Contract Company Name: R & D Living Trust UDT Company Contact: Rocco Dilucchio and Debra Diluccio, Trustees Summary of Services: APN 513-290-012, CP 12-02, South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Contract Price: $6,240.00 Funding Source: 134-4497-50317; 134-4498-50317; 261-4491-50317 Contract Term: Four (4) years Contract Administration Lead Department: Development Services - Engineering Division Marcus Contract Administrator: Fuller/Joel Montalvo Contract Approvals City Manager Approval: June 24, 2020 Resolution Number: 24652 Agreement Number: A8558 Contract Compliance Exhibits: N/A Signatures: Attached Insurance: N/A Bonds: N/A Submitted on: 07/13/2020 By: Vonda Teed