HomeMy WebLinkAboutA8864 - CALTRANS 24494-1_-2_-3STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY EASEMENT
RW 8-4 (Rev. 6/95)
Palm Springs ,California
June 30, 2021 Date
CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION
AND CHARTER CITY
Grantor(s)
DISTRICT
COUNTY
ROUTE
POST MILE
RIw
E.A/PROJ#
08
RIV
ill
49.37
OR302
0817000230
DOCUMENT NOS., 24494-1. -2. -3 in the form of HIGHWAY EASEMENT DEEDS to the State of
California covering the property particularly described in Exhibit A to this agreement has been
executed and delivered to Mallo Benns Associate Right of Way Anent, for the State of
California.
1. In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
(A) The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the
State of all further obligation or claims on this account, or on account of the location,
grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Document Nos. 24494-1. -2. -3 for State
highway purposes, a public use for which Grantee has the authority to exercise the power
of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire
the property.
(C) Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The
compensation set forth herein for the property is in compromise and settlement, in lieu of
such litigation.
(D) The parties to this contract shall, pursuant 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-
N on- Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of
1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
(E) No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity that is the subject of this contract.
2. The State shall:
(A) Pay the undersigned grantor(s) the sum of S11J,100.00 for the property or interest
conveyed by above document(s).
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6195)
(B) Pay all escrow and recording fees, including any and all notary fees incurred in this
transaction and, if title insurance is desired by the State, the premium charged therefor.
Said escrow and recording charges shall not, however, include documentary transfer tax.
3. This transaction will be handled through an escrow with The California Department of
Transportation, 464 W. 4th Street, San Bernardino, CA, 92401.
4. Grantor's) warrant(s) that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and the Grantor(s) further agree(s) to hold the
State harmless and reimburse the State for any and all of its losses and expenses
occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a
period exceeding one month.
5. In consideration of the State's waiving the defects and imperfections in all matters of
record title, the undersigned Grantor covenants and agrees to indemnity and hold the
State of California harmless from any and all claims that other parties may make or assert
on the title to the premises. The Grantor's obligation herein to indemnify the State shall not
exceed the amount paid to the Grantor under this contract.
b. State agrees to indemnify and hold harmless the Grantor(s) from any liability arising out of
State's operations under this agreement. State further agrees to assume responsibility for
any damages proximately caused by reason of State's operations under this agreement
and State, will, at its option, either repair or pay for such damage.
7. The acquisition price of the property being acquired in this transaction reflects the fair -
market value of the property without the presence of contamination. If the property being
acquired is found to be contaminated by the presence of hazardous waste which requires
mitigation under Federal or State law, the State may elect to recover its cleanup costs from
those who caused or contributed to the contamination.
8. written notification shall be given to the Grantor at:
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
Attn: Joel Montalvo, City Engineer
9. The grantors(s) agrees that no improvements, other than those already on the property,
shall be placed thereof; and planting of any crops, trees, or shrubs, or alterations, repairs or
additions to existing improvements which may hereafter be placed in said area are at
grantor's risk and without expectation of payment if removed by the State.
10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in
this contract, the right of possession and use of the subject property by the State, including
the right to remove and dispose of improvements, shall commence on the date the
amount of funds as specified in Clause 2(A) herein are paid to the grantor (s). The amount
shown in clause 2(A), herein includes, but is not limited to, full payment for such possession
and use, including damages, if any, from said date.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. W95)
11. All work done under this agreement shall conform to all applicable building, fire and sanitary
laws ordinances, and regulations relating to such work, and done in a good and
workmanlike manner. All structures, improvements or other facilities, when removed, and
relocated, or reconstructed by the State, shall be left in as good condition as found. If
affected, the States contractor will relocate any utilities and/or poles if deemed necessary
under Construction Contract Work.
12. It is understood and agreed by and between the parties hereto that this Agreement inures
to the benefit of, and is binding on, the parties, their respective heirs, personal
representatives, successors, and or assigns.
13. In the event this information changes or the property transfers, the owner shall notify the
State in writing of such occurrence at:
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF TRANSPORTATION
464 W. 41h Street, 9th Floor, MS-950
San Bernardino, CA 92401-1400
Attn: Mallory Benns
Office of Right of Way
(909 ) 889-3196
3
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 84 (Rev. 6/95)
In Witness Whereof, the parties have executed this agreement the day and year first above written.
41
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RECOMMENDED FOR APPROVAL:
By:
Mallory Benns-
Associate Right of Way Agent
District 8
By: A—
Anth y Ri
Senior fia gent
District 8
SS an Esparza
Supervising Right of Way Agent
Project Delivery Manager
District 8
By
Justin 4Uffon, IC CM
City Manager, City of Palm Springs
By 4�)
JeffTey Malinger
City Attorney, City of Palm Springs
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
APPROVED Y• i ('eC�
By.�("qm
ci.l'4'��'Yt
Rebecca Guirado Date
Deputy District Director,
Division of Right of Way
District 8
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
4
- - - item 1 E-13
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4th STREET, 6th FLOOR
SAN BERNARDINO, CA 92401-1400
Attention Record Maps- MS 980
FREE RECORDING:
This instrument is for the benefit of The State of
California, and is entitled to be recorded without
fee or tax. (Govt. Code 6103. 27383 and Rev. &
Tax Code 11922)
APN: 507-302-011
EASEMENT DEED
HIGHWAY
2021-0453566
07/29/2021 10:57 AM Fee: $ 0.00
Page 1 of 3
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08
R I V
ill
52.37
24494-1
City of Palm Springs,
a corporation organized and existing under and by virtue of the laws of the State of
California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of
Transportation, hereinafter called STATE, an easement for the right of way and incidents
thereto for a public highway upon, over and across that real property in the City of
Palm Springs, County of Riverside, State of California, described as follows:
See Exhibit "A", attached.
08-RIV-111-PM 52.37-24494 (24494-1)
Item 1 E-15
782
Number
24494-1
The GRANTOR hereby further grants to STATE all trees, growths (growing or that may
hereinafter grow) and road building materials within the right of way including the right
to take water, together with the right to use same in such manner and at such location
as the STATE may deem proper, needful or necessary for the construction,
reconstruction, improvement or maintenance of the highway.
The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims
for damages to GRANTOR's remaining property contiguous to the right of way
conveyed by reason of the location, construction, landscaping or maintenance of the
highway.
City of Palm Springs,
a corporation organized and
existing under and by virtue of
Dated the laws of the State of
p Co California
n COP
,. Just!Q lifton
* V ST: City Manager
O
'q� . ycle
This is to certify that the State of Cafforn'a, acting by and through the Department of
Transportation (according to Section 27281 of the Government Code), accepts for
public purposes the real property described in this deed and consents to its
recordation.
�
Dated —1 'e/ ' By ,1141 /I 'l AD f xf
Certificate of Acceptance Director of Transportation
Required for Easement Deeds
By
At rie ct
Anthony F. Rizzi Jr.,
Chief, Right of Way Acquisitions
State of California
Department of Transportation
08-RIV-111-PM 52.37-24494 (24494-1)
Item 1 E-16
Page 1 of 1
EXHIBIT "A"
An easement for highway purposes in and to that portion Land, in the City of
Palm Springs, County of Riverside, State of California, as described in the Deed
recorded September 21, 1982 as Instrument No. 1983-0007513, of Official Records, in
the office of the County Recorder of said county, lying northwesterly of the following
described line:
COMMENCING at the centerline intersection of Vista Chino (State Route 111)
and Farrell Drive; thence along the centerline of said Vista Chino (State Route 111)
North 89"4656" East, 79.80 feet; thence leaving said centerline South 00°13'04" East,
50.00 feet to the southerly right-of-way line of Vista Chino (State Route 111) and also
being the northerly line of said Land described in said Deed recorded September 21,
1982, being the TRUE POINT OF BEGINNING; thence leaving said northerly line,
South 45008'03" West, 51.37 feet to the easterly line of Farrell Drive and also being the
westerly line of said Land described in said Deed recorded September 21, 1982, said
point being the POINT OF TERMINATION of this line.
The distances used in the above description are on the California Coordinate
System of 1983, Zone 6 (Epoch 2007.00). Divide the above distances by 0.99997442 to
obtain ground level distances.
This real property description has been prepared by me, or under
my direction, in conformance with the Professional Land Surveyors' Act
Signature
Professional Land Surveyor
Date March 26, 2021
STANELI B. j?%j
VERSTEEG
O
Exp: Dec. 31, 2022 J.!. n PLS 7967
a
C AL
08-RIV-111-PM 52.37-24494 (24494-1)
Item 1 E-17
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4th STREET, 6th FLOOR
SAN BERNARDINO, CA 92401-1400
Attention Record Maps— MS 980
FREE RECORDING:
This instrument is for the benefit of The State of
California, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN: 677-260-015
EASEMENT DEED
HIGHWAY
2021-0453567
07/29/2021 10:57 AM Fee: $ 0.00
Page 1 of 3
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-CCounty Clerk—Recorder
uRecorder
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08
RI V
111
50.80
24494-2
City of Palm Springs,
a corporation organized and existing under and by virtue of the laws of the State of
California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of
Transportation, hereinafter called STATE, an easement for the right of way and incidents
thereto for a public highway upon, over and across that real property in the City of
Palm Springs, County of Riverside, State of California, described as follows:
See Exhibit "A", attached.
08-RIV-111-PM 50.80-24494 (24494-2)
Item 1E-19
782
Number
24494-2
The GRANTOR hereby further grants to STATE all trees, growths (growing or that may
hereinafter grow) and road building materials within the right of way including the right
to take water, together with the right to use same in such manner and at such location
as the STATE may deem proper, needful or necessary for the construction,
reconstruction, improvement or maintenance of the highway.
The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims
for damages to GRANTOR's remaining property contiguous to the right of way
conveyed by reason of the location, construction, landscaping or maintenance of the
highway.
Zc>Zt
City of Palm Springs,
a corporation organized and
existing under and by virtue of
the laws of the State of
California
JustirUdifton
City Manager
Th's is to cert'fy that the State of California, acting by and through the Department of
Transportation (according to Section 27281 of the Government Code), accepts for
publ'c purposes the real property described in this deed and consents to its
recordation.
Dated 7 I /ate / _
Certificate of Acceptance
Required for Easement Deeds
Director of Transportation
V
By
tt n Fcit
Anthony F. Rizzi Jr.,
Chief, Right of Way Acquisitions
State of California
Department of Transportation
08-RIV-111-PM 50.80-24494 (24494-2)
Item 1 E-20
Page i of 1
EXHIBIT "A"
An easement for highway purposes in and to that portion of the land, in the City of
Palm Springs, County of Riverside, State of California, as described in the Document
recorded September 10, 1986 as Instrument No. 1986-0220237, of Official Records, in
the office of the County Recorder of said county, lying northwesterly, northeasterly, and
southeasterly of the following described line:
COMMENCING at the southeasterly corner of Parcel 2 of Parcel Map No. 27912
as shown on a map filed in Book 183, Pages 35 through 37, of Parcel Maps, in
the office of the County Recorder of said County; thence along the southerly line
of said Parcel 2 and the westerly prolongation of said southerly line of Parcel 2
North 89040'29" West, 444.59 feet to the northeasterly right-of-way line of Gene Autry
Road (State Route 111), 100.00 feet wide; thence leaving said northeasterly right-of-
way line of Gene Autry Road South 61 °58'38" West, 50.00 feet to the centerline of said
Gene Autry Road; thence along said centerline South 28°01'22" East, 96.01 feet;
thence leaving said centerline South 61 °58'38" West, 50.00 feet to the southwesterly
right-of-way line of said Gene Autry Road, said point being the TRUE POINT OF
BEGINNING; thence leaving said southwesterly right-of-way line of Gene Autry Road
South 61°57'31" West, 13.90 feet; thence North 58°34'11" West, 19.47 feet; thence
North 27°22'06" West, 16.68 feet; thence North 62026'15" East, 8.23 feet; thence
North 26°00'05" West, 71.47 feet; thence North 59028'33" East, 12.87 feet to said
southwesterly right-of-way line of Gene Autry Road, said point being the POINT OF
TERMINATION of this line.
The distances used in the above description are on the California Coordinate
System of 1983, Zone 6 (Epoch 2007.00). Divide the above distances by 0.99997442 to
obtain ground level distances.
This real property description has been prepared by me, or under
my direction, in conformance with the Professional Land Surveyors' Act
Signature�`'�
Professional Land Surveyor
Date March 26, 2021
STANELI B.
VERSTEEG
Exp: Dec.31,2022
kPLS 79"
c:.O-F
CAI.
08-RIV-111-PM 50.80-24494 (24494-2)
.41
O
I�
Item 1 E-21
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4th STREET, 6th FLOOR
SAN BERNARDINO, CA 92401-1400
Attention Record Maps- MS 980
FREE RECORDING:
This instrument is for the benefit of The State of
California, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN: 677-270-030
EASEMENT DEED
HIGHWAY
2021--0453568
07/29/2021 10:57 AM Fee: $ 0.00
Page 1 of 3
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
11119��'���
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08
RIV
111
50.40
24494-3
City of Palm Springs,
a corporation organized and existing under and by virtue of the laws of the State of
California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of
Transportation, hereinafter called STATE, an easement for the right of way and incidents
thereto for a public highway upon, over and across that real property in the City of
Palm Springs, County of Riverside, State of California, described as follows:
See Exhibit "A", attached.
08-RIV-111-PM 50.40-24494 (24494-3)
Item 1 E-23
782
Number
24494-3
The GRANTOR hereby further grants to STATE all trees, growths (growing or that may
hereinafter grow) and road building materials within the right of way including the right
to take water, together with the right to use same in such manner and at such location
as the STATE may deem proper, needful or necessary for the construction,
reconstruction, improvement or maintenance of the highway.
The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims
for damages to GRANTOR's remaining property contiguous to the right of way
conveyed by reason of the location, construction, landscaping or maintenance of the
highway.
t.rd' • J
3
"4 A
O
y�7
City of Palm Springs,
a corporation organized and
existing under and by virtue of
the laws of the State of
California
Justin Clifton
City Manager
This is to certify that the State of Caffornia, acting by and through the Department of
Transportation (according to Section 27281 of the Government Code), accepts for
public purposes the real property described in this deed and consents to its
recordation.
Dated
Certificate of Acceptance
Required for Easement Deeds
By 4/An Jd
Director of Transportation
Sy
Att rn i act
Anthony F. Rizzi Jr.,
Chief, Right of Way Acquisitions
State of California
Department of Transportation
08-RIV-I I I -PM 50.40-24494 (24494-3)
Item 1 E-24
Page 1 of 1
EXHIBIT "A"
An easement for highway purposes in and to that portion of Land in the Northeast
Quarter of Section 18, Township 4 South, Range 5 East, S.B.M., in the City of Palm
Springs, County of Riverside, State of California, lying northwesterly, northeasterly, and
northerly of the following described line:
COMMENCING at centerline intersection of Gene Autry Road (State Route 111)
and Escena Way (Private Street) as shown on Tract Map No. 32233-1 filed in Book 381,
Pages 59 through 67 of Maps in the Office of the County Recorder of said county; thence
along the prolongation of centerline of said Escena Way (Private Street) South 53032'28"
West, 50.00 feet to the southwesterly right of way line of Gene Autry Road (State Route
111); thence South 36T7'32" East, 52.21 feet to the POINT OF BEGINNING; thence
South 53 03648" West, 28.80 feet; thence North 37 °06'04" West 39.10 feet; thence North
53 °36'48" East, 4.24 feet; thence North 38 °44'06" West, 54.13 feet; thence North
5303648" East, 27.15 feet to said southwesterly right of way line; thence South 36TT32"
East, 93.18 feet along said southwesterly right of way line to the POINT OF BEGINNING;
The distances used in the above description
1983, Zone 6 (Epoch 2007.00). Divide the
ground level distances.
are on the California Coordinate System of
above distances by 0.99997442 to obtain
This real property description has been prepared by me, or under
my direction, in conformance with the Professional Land Surveyors' Act.
Signature
Professional Land Surveyor
Date March 26, 2021
Np►L ��� S
STANELI B.
VERSTEEG C
Exp: Dec. 31, 2022
f� PLS 79"
lF �F CA1
08-Riv-111-PM 50.40-24494(24494-3)
1.3
Item 1 E-25