HomeMy WebLinkAboutA8614 - CALIFORNIA DEPARTMENT OF TRANSPORTATIONO� �p�M SAS
City of Palm Springs
• Development Services Department
Engineering Division
c'Q400aN�P 3200 East Tahquitz Canyon Way • Palm Springs, California 92262
Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov
TRANSMITTAL
DATE: January 12, 2021
TO: City Clerk 1
FROM: Vonda Teed, Engineering Administrative Secretary
for Joel Montalvo, City Engineer
SUBJECT: Caltrans 24478-1 Executed Right of Way Contract and Recorded Easement
Deed and Caltrans 24498-1 Executed Right of Way Contract and Recorded
Easement Deed
Message: Enclosed please find the subject Caltrans SR111 Highway Easement documents
for your records. If you have any questions, please contact Joel Montalvo, City
Engineer, (760) 322-8339.
Enclosures: 24478-1 ROW Contract; Easement Deed
24498-1 ROW Contract; Easement Deed
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY EASEMENT
RW E-J (Rev. 6/95)
�Q� 1 YY\Yi California
14Cl�P✓rn�jP� `D Date
CITY OF PALM SPRINGS
Grantor(s)
DISTRICT
COUNTY
ROUTE
POST MILE
R/W
E.A/PROJ#
08
RIV
ill
52.37
OR302
0817000230
DOCUMENT NO., 24478-1 in the form of a HIGHWAY EASEMENT DEED to the State of California
covering the property particularly described in Exhibit A to this agreement has been executed
and delivered to Mallory 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 (APN 501-355-003) described in Document No. 24478-1 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.
2. The State shall:
(A) Pay the undersigned grantor(s) the sum of $500.00 for the property or interest conveyed by
above document(s).
(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 internal escrow by the California Department of
Transportation, 464 W. 4m 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.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
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 indemnify 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.
6. 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.
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 State's 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.
2
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
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 8-4 (Rev. 6/95)
In Witness Whereof, the parties have executed this agreement the day and year first above written.
A ST:
w
City Clerk
RECOMMENDED FOR APPROVAL:
City of Palm Springs
David H. Ready
City Manager
Approved as to Form:
By
J eff feytailing
City Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: A7 BY:
Mallory Benn
Associate Right.of Way Agent By:
District 8 Anth Rizzi
Senior Ri e t
District 8
APPROVED BY rrrr COUNCIL
' 1,.,J.,
4
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
RECORDING REQUESTED BY
M1V1hetn;'R1e�(c>o,,de it o
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: 501-355-003
EASEMENT DEED
HIGHWAY
2020-0667392
12/30/2020 02:32 PM Fee: $ 0.00
Page 1 of 3
Recorded in official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
11111
all
All i V rif 1111
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08
RIV
111
52.37
24478-1
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-1 11 -PM 52.37-24478 (24478-1)
24478-1—Deed.docx 3/2015
Number
24478-1
The GRANTOR, for itself and its successors and assigns, hereby waives any claim for any and all
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.
Dated: Nov
APPROVED AS TO FORM
n ORNEY
City of Palm Springs
Name: �V1 Dy
Title: G /;ry
Fi
e Title:
This is to certify that the State of California, 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
A
Clerk
By c ,C
Director of Transportation
By
Attortiin� ct "
�
t
08-RIV-111-PM 52.37-24478 (24478-1)
24478-1—Deed.docx 3/2015
EXHIBIT "A"
An easement for highway purposes in and to that portion of Lot 57 of Desert Park
Estates No. 2, in the City of Palm Springs, County of Riverside, State of California, as
shown on a map filed in Book 28, Page 99, of Maps, in the office of the County Recorder
of said County, lying southeasterly 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 Farrell Drive North 00018'35" East, 49.12
feet; thence .leaving said centerline North 89°41'25" West, 42.89 feet to the southeasterly
line of said Lot 57, said point being the TRUE POINT OF BEGINNING; thence leaving said
southeasterly line of Lot 57 South 62018'34" West, 20.57 feet to the southerly line of said
Lot 57, 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.
Profession :Land Surveyor
Date. November 4, 2019
�9
No. 7842
* Exp. 12/31/2020
TgTF OF CA1.�F��
08-RIV-111-PM 52.37-24478 (24478-1)
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY EASEMENT
RW 8-4 (Rev. 6/95)
r l C4 California
►\1�V P�r'i'a�� 5 9-00—Le) Date
CITY OF PALM SPRINGS
Grantor(s)
DISTRICT
COUNTY
ROUTE
POST MILE
R/W
E.A/PROJ#
08
RIV
ill
49.63
OR302
0817000230
DOCUMENT NO., 24498-1 in the form of a HIGHWAY EASEMENT DEED to the State of California
covering the property particularly described in Exhibit to this agreement has been executed and
delivered to Mallory Benns, Associate Right of Way Agent, 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 (APN 677-540-029) described in Document No. 24498-1 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.
2. The State shall:
(A) Pay the undersigned grantor(s) the sum of $1,300.00 for the property or interest conveyed
by above document(s).
(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 internal escrow by 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.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
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 indemnify 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.
6. 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.
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 State's 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.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
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 CALFORNIA
CALIFORNIA DEPARTMENT OF TRANSPORTATION
464 W. 4th Street, 9'h 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 8-4 (Rev. 6195)
In Witness Whereof, the parties have executed this agreement the day and year first above written.
W
RECOMMENDED FOR APPROVAL:
By:
Mallory Benns
Associate Righ of Way Agent
District 8
City of Palm Springs
By
David H. Rear
City Manager
Approved as to Form:
JefiffeyArafling
City Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
APPROV BY:
By: "
Anth ny R zi
Senior h of VPay Agent
District 8
APPROVED BY CITY COUNCIL
b o- - Z0
4
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
RECORDING REQUESTED BY
Va I loin l f�nS
When Recorde(OMail 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: 677-540-029
EASEMENT DEED
HIGHWAY
I J rl l� a �i
12/17/2020 10:58 AM Fee: $ 0.00
Page 1 of 3
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1111 hl "l h01K 11II
Space above
line for Recorder's Use
District
Cou
Route
Postmle
Number
08
RIV
111
49.63
24498-1
CITY OF PALM SPRINGS, a municipal corporation and charter city,
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 49.63-24498 (24498-1)
24498-1-Deed A= 3/2015
Number
24498-1
The GRANTOR, for itself and its successors and assigns, hereby waives any claim for any and
all 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 municipal
Dated: No). S , ace 2-Q corporation and charter city
APPROVED AS TO FORM
Name: D E `-JA DV
Title: C j 1Y Al A7 �.
OW a RVEY ! r w
a ,s-r:
k
This is to certify that the State of California, 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 /� / U Y / �lG n�aC , UZ.
B
Director of Transportation
By
A ornery iQ4ao
14 /g ��JJ�
- l
08-RIV-111-PM 49.63-24498 (24498-1)
24498-1 _Deed.docx 3/2015
EXHIBIT "A"
An easement for highway purposes in and to that portion of Parcel 1 of Parcel Map
No. 29631, in the City of Palm Springs, County of Riverside, State of California, as shown
on a map filed in Book 201, Pages 50 through 54, of Parcel Maps, in the office of the
County Recorder of said County, lying southwesterly of the following described line:
COMMENCING at the centerline intersection of Gene Autry Road (State Route 111)
and Mission Drive; thence along the centerline of said Mission Drive North 72'11'08" East,
75.26 feet; thence leaving said centerline North 17148'52" West, 40.00 feet to the generally
southerly line of said Parcel 1, said point being the TRUE POINT OF BEGINNING; thence
leaving said generally southerly line of Parcel 1 North 56014'08" West, 33.36 feet to the
generally westerly line of said Parcel 1, 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:
Profession Land Surveyor
08-RIV-1 11 -PM 49.63-24498 (24498-1)
a No. 784294
Exp. 12/31/2020 *
o _a'n
OF