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Home My WebLink About24G369 - Riverside County Flood Control & Water Conservation District (Temporary Construction Easement CP 12-04)CONTRACT ABSTRACT Contract/Amendment Name of Contract: Temporary Construction Easement Company Name: Riverside County Flood Control & Water Conservation District Company Contact: Yolanda King Wilder, Principal Real Property Agent Email: Yking@rivco.org Summary of Services: East Palm Canyon Bridge over Palm Canyon Wash, City Project 12-04 Contract Price: N/A Contract Term: Forty-eight (48) months Public Integrity/ Business N/A Disclosure Forms: Authorized Signers: Name, Email CITY CLERK: CITY MANAGER'S SIGNATURE (corporations require 2 signatures) NEEDS TO BE NOTARIZED. THANK YOU! Contract Administration Lead Department: Engineering services Contract Administrator/ Ext: Joel Montalvo / Francisco Jaime X8750 Council/City Manager Approval Date: TBD Agreement Number: 24G369 Amendment Number: N/A Contract Compliance Exhibits: Yes Insurance: N/A Business License: N/A Sole Source Sole Source No Documents: Routed By: Department Bonds: N/A CoOp Agmt #: N/A CoOp Name: CoOp Pricing: Submitted on: 11/21/2024 By: vonda Teed 259663 Recorded at request of, and return to: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Attn: Real Estate Services 1995 Market Street Riverside, CA 92501 NO FEE (GOV. CODE 6Y7TN �� eCirr�i r: TL�7tP.CrIaLiT37 xKal Til�1:�3Ib�g Project: Palm Canyon Wash DDT: - 0- THE CONVEYANCE IS TO A GOVERNMENTAL RCFC Parcel No. 6040-29 ENTITY OR POLITICAL SUBDIVISION R&T 11922 Project No. 6-0-00040 APN 681-020-009 (Portion) Federal Project No. BRLO-5282 (041) TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT"), grants to the CITY OF PALM SPRINGS, a municipal corporation ("GRANTEE"), a temporary construction easement (TCE) as set forth herein in the city of Palm Springs, County of Riverside, State of California, described and depicted in Exhibits "A" and "B" attached hereto and made a part hereof. The parties agree and acknowledge that the following shall apply to the grant of the temporary construction easement ('Basement Area"), referenced above: A. The TCE is for the purpose of constructing the East Palm Canyon Bridge over the Palm Canyon Wash, Project No. BRLO-5282 (041), City Project No. 12-04, a public project (Project) gives GRANTEE, its employees, agents, contractors, suppliers and consultants, and parties retained or utilized thereby, and shall permit such parties to enter upon and perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Easement Area. This TCE is in conjunction with the District issued Encroachment Permit (EP) No. 3702 and must conform to the limitations listed therein. B. The rights herein granted may be exercised for a duration of forty-eight (48) months ("Term") commencing October 1, 2024 and terminating September 30, 2028. C. The Easement shall include the right to remove improvements on the Easement Area and, if necessary, store equipment or construct temporary facilities thereupon, but shall not include the right to construct permanent facilities thereupon. At the termination of the TCE, improvements, if any, shall be restored to the Easement Area and be left in as good or better condition as found, and the surface shall be left in a neat and usable condition. 259663 D. GRANTEE understands that the rights granted by this TCE are non-exclusive, and DISTRICT may still use the Easement Area for any purposes deemed necessary by DISTRICT. If DISTRICT has the need to use the Property in such manner or time as would conflict with the rights granted to GRANTEE, DISTRICT and GRANTEE intend to coordinate as needed to minimize delays or disruption. E. GRANTEE shall indemnify and hold DISTRICT, including DISTRICT's officers, employees, agents, representatives, successors, and assigns, harmless from all claims of third parties occurring from, or arising out of, the use of the Easement Property, except any acts arising out of intentional or negligent acts of DISTRICT. F. GRANTEE shall provide written, oral, or electronic notice to DISTRICT at least forty-eight (48) hours prior to the initial mobilization onto the Easement. During periods of active use of the site by GRANTEE, DISTRICT agrees to notify GRANTEE at least forty-eight (48) hours prior to any planned activities by DISTRICT on the site to allow coordination of the activities and to minimize delays and/or interference with each other. Notices shall be sent to: Riverside County Flood Control and Water Conservation District Attention Yolanda K. Wilder, Principal Real Property Agent 1995 Market Street Riverside, CA 92501 951.955.1304 eking@rivco.org City of Palm Springs Attn: Joel Montalvo, City Engineer 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 760.3225.8339 Joel.Montalvo@palmspringsca.gov G. GRANTEE, their assigns, and their successors in interest, shall be bound by all the terms and conditions contained in this TCE, and all parties thereto shall be jointly and severally liable thereunder. H. This TCE shall be governed by the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this TCE shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the DISTRICT and GRANTEE hereto hereby waive all provisions of law providing for a change of venue of such proceedings to any other county. I. This TCE constitutes the entire Agreement of the DISTRICT and GRANTEE and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this TCE must be in writing and signed by the appropriate representatives of the DISTRICT and GRANTEE. J. The parties to this contract 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- 259663 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. K. 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. (Signatures on following page) 259663 This Agreement may be signed in counterpart or duplicate copies and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. No obligation other than those set forth herein will be required. Date: (date to be filled in by General Manager -Chief Engineer) MAILING ADDRESS OF DISTRICT: 1995 Market Street Riverside, CA 92501 APPROVED AS TO FORM: COUNTY COUNSEL IN BRADEN HOLLY Deputy County Counsel hu /:71111�Cs7:\7►J;7�.XY�] 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 ATTEST City Clerk Project: Palm Canyon Wash RCFC Parcel No. 6040-29 Project No. 6-0-00040 APN 681-020-009(Portion) JLP:mm 11/18/2024 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic By: JASON E. UHLEY General Manager -Chief Engineer GRANTEE: CITY OF PALM SPRINGS a municipal corporation By. /, COTT . STILES, City Manager Dated: 12 —2 -e20..y APPROVED AS TO FORM Jeff 11allingef City Attorney Dated: (Notary Attached) 259663 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 Rw.-<S�cQe, On 2;L6x f before me, !✓ a Notary Public, personally appeared Caf" l' C. S>t. le6 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 24. BRENi RASI Notary Public • Californiaer • Rt ide County WITNESS my hand and official seal: Commission A 2398347 aty Comm. Expires Mar 24, 2026 Signature Place Notary Seal Above RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT EXHIBIT "A" LEGAL DESCRIPTION PALM CANYON WASH Parcel No. 6040-29 In the City of Palm Springs, County of Riverside, State of California, being that portion of the northwest quarter of Section 30, Township 4 South, Range 5 East, San Bernardino Meridian, described as follows; Commencing at the northwest corner of said Section 30; Thence South 00°06'03" West 914.78 feet along the westerly line of said Section 30 to a non - tangent curve concave southeasterly having a radius of 4199.89 feet, a radial line to said curve bears North 42139'22" West, said point being the Point of Beginning; Thence northeasterly 1830.81 feet along said curve through a central angle of 24°58'35" to the northerly line of said Section 30; Thence South 89°55'37" East 202.34 feet along said northerly line to the easterly line of the northwest quarter of the northwest quarter of the northeast quarter of the northwest quarter of said Section 30; Thence South 00°02'21" East 331.99 feet along said easterly line to the southerly line of the northwest quarter of the northwest quarter of the northeast quarter of the northwest quarter of said Section 30; Thence North 89°54'52" West 330.17 feet along said southerly line to the easterly line of Government Lot t of said Section 30; Thence South 00°03'41" East 138.35 feet along said easterly line to a non -tangent curve concave southeasterly having a radius of 3799.90 feet, a radial line to said curve bears North 21°40'00" West, said curve being concentric with and 399.99 feet southeasterly of that curve cited as having a radius of 4199.89 feet and length of 1830.81 feet; Thence southwesterly 1561.76 feet along said curve through a central angle of 23°32155" to the southerly line of Lot 6 as shown on Tract No. 14740, filed in book 139, pages 48 and 49 of maps, records of said county; Thence North 89°52'37" West 149.54 feet along said southerly line to the westerly line of said Section 30; Thence North 00°06'03" East 411.60 feet along said easterly line to the Point of Beginning. Page I of 2 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Except Lot 5 as shown on said Tract No. 14740. Containing 708,159 square feet / 16.257 acres more or less. The distances shown herein are in grid. Ground distances may be obtained by dividing grid distance by the combination factor of 0.99997451. See Exhibit 'B" attached hereto and made a part hereof. _y u Q� �r o ' N0. 7752 A .FAMES R. MONEILL EXP. 12-31-19 Land Surveyor No. 7752 or Date: Ap -zZ- I `j Page 2 of 2 V EXH/BI T "B" NOTE: SEE SHEET 2 OF 2 FOR LINE AND CURVE DATA TABLES. GRAPHIC SCALE 0' 260' 1 INCH = 260 FEET S895537"E 5405.03' TO THE NEC SEC. 30 Nil 40'48"W (RAD) 780.21_ 788.51' _ — _ _ _ _- _ _ (. NWC SEC. 30 T. 4S, R. SE I \ NL Y LINE SEC. 30 L7 �! P.O.C. I UOW1 L 13—� , G5 EAST LINE OF THE ELY LINE LOT 5—�I NW 1/4, NW NE 1/4, NW 1/4, 1/4 I �i M. 7,l7W L9 -�• Qo 1 O A/lfl/9 l7 1�/�1f3 �I�% a N29 2537"W �_ 5 ' L 10 1 '1�� p•2 9 co o (RAD) _ ^ ��'" WLY LINE 998' G6 r� SEC. 30 A'� %" I o 3 3 2 2 R� SLY LINE LOT 5 I O I L5 3 T I o L 12J --- 1 1 N pGG 1 rn °' J Z Z o j N37'19 28 W I v� I G (RAD) ti Q P.O.B. I � I ��\ I \� N42 39 "22 "'W �yy1y6 � 6 I h EL Y I NE OF I � o � (RAD) �5 �. L� I 12 ®a Mrs Lll SLY LINE LOT 6 NORTH 1/16 LINE -- N45'12'55 "'W (RAD) SEC. 30 I 784.64 659.89' _ N89 52'37"W 2763.68' TO THE CN 1/16 -- RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET, RIVERSIDE, CA. 92501 PRaECT NAME: PALM CANYON WASH SCALE 1 =260" DRANK BY SB RCFC-NCD PARCEL NUMBER(SA 6040-29 DA IE 10116119 CHECK BY DC RCFC-NCO PR0,ECT NUMBER: 6-0-00040 SHEET Na 1 OF 2 EXHIBI T "B" NO TE: SEE SHEET 1 OF 2 FOR LINE AND CURVE LOCATIONS. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVA77ON DISTRICT 1995 MARKET STREET" RIVERSIDE" CA. 92501 PRQ.ECT NAME.- PALM CANYUN WASH SCALE NTS DRAW BY S6 RCFC-*CD PARCEL NUMBER(S): 6040-29 DATE 10116119 CHECK BY CC RCFC-WV PRD.ECT NUMBER: 6-0-00040 SHEET Na 2 OF 2 Line Table Line �f Direction Length L5 58954'07"E 483.54' L6 N00'0524"W 319.04' L7 58955'37"E 202.34' L8 S0002'21'E 331.99' L9 N8954'S2""W 330.17' L 10 S00 03'41 ' E 138.35' L 11 N89 52'37"'W 149.54' L 12 N89 54 "07''W 298.88" L 13 N00 05"24"W 344.50' Curve Table Curve # Delta Radius Length C4 4=5'19'S4'" 4199.89' 390.83' C5 d =11 44'S1 " 4199.89" 861.09' C6 d=T53'S0" 4199.89' S78.89'