HomeMy WebLinkAbout9/1/1999 - STAFF REPORTS (14) DATE: September 1, 1999
TO: City Council
FROM: City Engineer
APPROVAL OF ACQUISITION OF REAL PROPERTY AGREEMENT WITH
MARY EPSTEEN FOR RIGHT OF WAY ON GENE AUTRY TRAIL
RECOMMENDATION:
That the City Council approve the Acquisition of Real Property Agreement with
Mary EPA=for the purchase of right-of-way on Gene Autry Trail, in the
amount of$5,800.00, for Mil-Valley Parkway Phase 2, Extension to Airport,
City Project No. 99-13.
BACKGROUND:
In November 1988, Riverside County voteis a]P"ed'Measure A to provide
funding for transportation and roadway projects throughout the County. The
sales tax increase became effective July 1, 1989 and runs for 20 years from that
date. One of the projects listed on the Measure A ballot was the construction of
a Mid-Valley Parkway (M.V.P.), to run fi n the middle of the valley to the
west end. This was to help relieve the overloaded Ramon Road and Highway
111 thoroughfares, and to also provide an express route from down valley to the
Palm Springs International Airport.
In May 1998, the first phase of these projects in Palm Springs was completed
with the segment of Mesquite Avenue between Gene Autry Trail in Palm
Springs, to Dinah Shore Drive in Cathedral City. On October 26, 1996, the
Executive Committee of CVAG approved funding for the M.V.P. Phase 2,
Extension to the Airport. The on-site airport portion of the road, along with the
traffic signal at the intersection of Ramon and Vella Road have been completed.
On February 5, 1997, City Council authorized the firm of Robert Bein, William
Frost&Assoc. to Prepare engineering plans and specifications for the off-site
street improvements portion of Phase 2 which.would widen Gene Autry Trail
from Mesquite Avenue to Ramon Road, and Ramon Road from Gene Autry
Trail to Vella Road.
CVAG has approved funding for this design, along with the purchase of
necessary right-of-way for this project. Design for this roadway has been
completed and, because of the widening of Gene Autry Trail, transition areas on
Gene Autry Trail north of Ramon Road are also necessary to be acquired. One
of these acquisitions is approximately 1,645 square feet, and is owned by Mary
Epsteen. The parcel is located on the east side of Gene Autry Trail north of
Ramon Road, Assessor's Parcel No. 677-420-017.
An appraisal report by the firm of McKenzie, Wagner& Associates, Inc. of
Palm Desert, was completed in January 1999. In accordance with said
. . _ .. . . is -fl-
Acquisition of Real Property Agreement
September 1, 1999
Page 2
appraisal, an offer of$5,800.00 was made to the owner, Mary Epstcen,
and accepted. Approval of this Agreement would provide for the
purchase of this right-of-way in the sum of$5,800.00
Funds to cover this purchase of right-of-way are available in account
number 134-4497-50133 (X V.P. Phase II), and account number 134-
4498-50133 (XV.P. Phase II). These costs are 50% reimbursable by
CVAG per Agreement No. 3741, approved by Council on November
20, 1996. -
FAV—IID J. BARAMAN p/
Crty Engineer L -
APPROVED'
v,� City Manager
ATTACHMENTS:
1. Resolution
2. Agreement
MEMORANDUM
DATE: October 1, 1999
TO: Engineering-Margo
FROM: Office of the City Clerk
RE: Acquisition of Real Property-A4137:
APN 677-420-017
CC: File
Earlier this week, I gave Dave Barakian two copies of the above
referenced agreement, regarding the acquisition of Real Property from
Mary Epsteen, approved by Council on September 1, 1999, by Resolution
19637 -A4137. Dave indicated you would forward one copy to the
contractor and retain one copy for your files. I have forwarded a copy to
Finance and retained the necessary copies for our records.
Should you have any questions, please let me know.
Evelyn
cc: Finance
Mary Bpsteen
—= = Acquisition of Real Property
AGREEMENT#4137
R19637,9-1-99 Related
City of Palm Springs
Assessor's Parcel No. 677-420-017
ACQUISITION OF REAL PROPERTY
AGREEMENT
01"
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THIS AGREEMENT is entered into on this (L:day of / , 19 , by and
between the CITY OF Palm Springs, A MUNICIPAL CORPORATION (hereinafter called
"City"), and MARY EPSTEEN, INDIVIDUALLY AND MARY EPSTEEN, AS EXECUTRIX
OF THE ESTATE OF PETER EPSTEEN, DECEASED, (hereinafter called "Grantor"), for
acquisition by City of certain real property interests as hereinafter described.
WHEREAS, City desires to acquire all of Grantors' right, interest, and title in and to a portion
of Grantor's real property; and
WHEREAS, Grantor desires to sell to City said real property interests; and
WHEREAS, in compliance with the Eminent Domain Laws of the State of Califomia, City has
established an amount believed to be just compensation for said property interests and has advised
Grantor of the basis for its determination of just compensation; and
WHEREAS, Grantor has accepted City's offer as fair and just compensation for the hereinafter
described real property interests and acknowledges said compensation is no less than fair market
value; and
WHEREAS, Grant Deed dated r , 1999, covering portions of Grantor's
real property to be acquired by the City (hereinafter referred to as Property) has been executed
and delivered to Overland Resources, Real Property Agent representing the City of Palm Springs.
Copies of the Grant Deed with corresponding legal descriptions and plat maps are attached to this
Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE
Grantor agrees to sell w City, and City agrees to purchase from Grantor, upon the terms
and for the consideration set forth in this Agreement, fee simple marketable title in and to the
Property described in the Grant Deed attached hereto and by reference made a part hereof.
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2. PURCHASE PRICE
The total purchase price,payable in cash shall be the sum of FIVE THOUSAND EIGHT
HUNDRED DOLLARS ($5,800.00).
Grantor hereby acknowledges that the purchase price is a total settlement which includes
any and all claims Grantor may be entitled to by reason of the acquisition by City, including, but
not limited to, value of real property rights, severance damages, value of improvements pertaining
to the Property, if any, compensation for loss of goodwill, if any, costs, disbursements and
expenses incurred in connection with the acquisition of the subject property and improvements
pertaining to the Property, if any, and subsequent removal of any items retained by Grantor.
Grantor hereby waives and releases City and its officers, employees and agents from and
against any mid all claims, actions demands and suits relating to the purchase price. This release
extends to all such claims which now exist or which may arise in the future, whether or not such
claims are known to Grantor, and Grantor hereby expressly waives his rights under California
Civil Code Section 1542 which provides as follows:
"1542, General Release; extent
a general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
3. TRANSFER OF TITLE
City agrees to pay all Slmd fees, charges and costs which arise in the transfer of title.
Payment under this Agreement shall be made after Overland Resources holds for City this
Agreement and the Grant Deed in favor of City, executed by Grantor and acknowledged by a
Notary Public.
4. INDEMNIFICATION FOR UNRECORDED INTERESTS
Upon title vesting in City, Grantor warrants that, to the best of Grantor's knowledge, there
are no unrecorded encumbrances(including but not limited to liens, leases, easements, or licenses)
on all or any portion of the Property, and Grantor agrees to hold the City harmless, defend, and
reimburse the City for any and all of City's losses and expenses, including reasonable attorney
fees, occasioned by reason of any such encumbrance of said Property.
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5. CONSENT TO DISMISSAL OF CONDEMNATION
Grantor hereby agrees and consents to the dismissal of any eminent domain action which
may be filed by the City to acquire said Properly and waives any and all claim to money that may
be deposited in the Superior Court in such an action.
6. CONVEYANCE OF INTEREST
Grantor agrees to convey by Grant Deed to City title in and to said Property as described
in Section 1 of this Agreement.
7. HAZARDOUS MATERIALS
It is understood that the Property does not appear to contain hazardous materials inchding
but not limited to gasoline/oil storage tanks, fertilizer or pesticide storage tanks, or any
contaminant. However, should hazardous materials be found to exist on the Property, the City
may exercise its right under existing law to bring an action, if necessary, to recover clean-up costs
from Grantor in an amount not to exceed purchase price.
S. POSSESSION OF AND PERMISSION TO ENTER PROPERTY
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in
this Agreement, the right of possession and use of the Property by the City, including the right
to remove and dispose of improvements, shall commence on the date of recordation of Grant
Deed, and that the amount shown in Section 2 herein includes. but is not limited to, full payment
for such possession and use, including damages, if any, from said date.
Grantor hereby grams to City, a right of entry over those portions of Grantor's remaining
real property reasonably nary to re-grade existing driveways, reconstruct improvements
disrupted during construction, reconnect irrigation systems, regrade slopes, construct sidewalk arid
curb improverimm and for all other purposes necessary or convenient for the construction of the
project in the manner proposed.
City agrees to indennify, save, and hold harmless Grantor from and against all claims,
demands, costs and expenses, including atorneys' fees, arising out of or relating to such entry and
construction by City or its Agents.
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COUNTERPARTS
A9. -�
This Agreement may be executed in counterparts, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
10. ATTORNEYS' FEES
In the event any legal action is brought to enforce the terms of this Agreement or to
recover damages for its breach, the prevailing party shall be entitled to reasonable attorneys' fees
therein as well as attorney's fees incurred in enforcing any Judgement pertaining thereto.
11. EMINENT DOMAIN
It is mutually agreed that this Agreement is executed under the inmtinence of condemnation
as that term is used in the United States Internal Revenue Code.
12. NOTICES
Any notices or documents to be mailed or delivered shall be addressed to or delivered as
follows:
Grantor: Mary Epsteen
40313 Desert Creek Lane
Rancho Mirage CA 922704068
City: City of Palm Springs
P.O. Box 2743
Palm Springs CA 92263-2743
13. BINDING ON HEIRS AND ASSIGNS
The terns,conditions, covenants and agreements set forth herein shall apply to and bind
the heirs, executors, adminisumrs, successors and assigns of the parties hereto.
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14. ENTIRE AGREEMENT
This Agreement contains the entire agreetttem between the parties, and neither parry relies
upon any warranty, promise, representation, or agreement not contained in writing herein.
15. TIME OF THE ESSENCE
Time is of the essence of this agreement and each party shall promptly execute all
documents necessary to effectuate the intent herein and shall perform in strict accordance with
each of the hereinabove provisions.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
above.
GRANTOR: CITY:
CITY OF PALM SPRINGS,
A MUNICIPAL CORPORATION
By:
Mary Epsh�j 1 dividuaUy
Tide:
r � L
Mary Ee n, Executrix of the
Estate of Peter Epsteen By:
Tide:
RECOMMENDED FOR APPROVAL:
Agent for City
w.o�, -b-
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Palm Springs
Post Office Box 2743 'COPY
Palm Springs, CA 92263-2743
Attention City Cleric
TAX STATEMENT MAILINGS DO NOT CHANGE
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code§ 11922
(Space above this line for Recordets use)
GRANT DEED
Riverside County
Assessor's Parcel Number: 677-420-017 [ ] All
(XI Portion
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
MARY EPSTEEN, INDIVIDUALLY, AS TO AN UNDIVIDED ONE HALF INTEREST,
AND MARY EPSTEEN,EXECUTRIX OF THE ESTATE OF PETER EPSTEEN,
DECEASED,AS TO AN UNDIVIDED ONE HALF INTEREST
HEREBY GRANTS TO
THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION
all rights,interests,or title to the red property in the City of Patin Springs, County of Riverside,
State of California dssmibed on Exhibit"A" and shown on Exhibit"B", which exhibits are
attached hereto and by reference made a part hereof.
IN WITNESS WHEREOF,the grantor hereto has caused this Grant Deed to be
owaated as of this day of, 1999.
MARY EPSTEEN, INDIVIDUALLY MARY EPSTEEN,EXECUTRIX
TAX STATEMENT MNLINGS DO NOT CHANGE
pL aPA�1
EXHIBIT "A" 'i ial 1p
LEGAL DESCRIPTION
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA:
EPSTEEN PARCEL:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M., MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17;
THENCE NORTH 00021'28" WEST ALONG THE WESTERLY LINE OF SAID
SOUTHWEST QUARTER OF SECTION 17, A DISTANCE OF 761.11 FEET TO
AN ANGLE POINT 1N THE WESTERLY * BOUNDARY LINE OF THE
REMAINDER PARCEL AS SHOWN ON PARCEL MAP NO. 18787, ON FILE IN
BOOK 135, PAGES 53 AND 54 OF PARCEL MAPS, RIVERSIDE COUNTY
RECORDS, AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00021'28" WEST AND ALONG THE
WESTERLY LINE OF SAID REMAINDER PARCEL, A DISTANCE OF 96.26
FEET TO A POINT ON A NON TANGENT CURVE, CONCAVE WESTERLY,
AND HAVING A RADIUS OF 3625.46 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 78013'36- EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 2011'41 AN ARC DISTANCE OF 138.87 TO A POINT
ON THE SOUTHERLY LINE OF SAID REMAINDER PARCEL;
THENCE NON-TANGENT TO SAID CURVE SOUTH 89044'29" WEST ALONG
SAID SOUTHERLY LINE, A DISTANCE OF 19.24 FEET TO THE SOUTHWEST
CORNER OF SAID REMAINDER PARCEL, SAID POINT BEING ON A NON-
TANGENT CURVE, CONCAVE WESTERLY, AND HAVING A RADIUS OF
4900.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 81055'34-
EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 0028'24-, AN ARC DISTANCE OF 40.71 FE
TRUE POINT OF BEGINNING.
COMPRISING 0,038 ACRES (1,645 S.F.), MORE OR LESS. J
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RESOLUTION NO. 19637
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA,APPROVING THE ACQUI-
SITION OF REAL PROPERTY AGREEMENT WITH
MARY EPSTEEN FOR RIGHT OF WAY ON GENE
AUTRY TRAIL
WHEREAS,in November 1988, Riverside County voters approved Measure A to
provide funding for transportation and roadway projects throughout the County; and
WHEREAS,one of the projects listed on the Measure A ballot was the construction of
a Mid-Valley Parkway (M.V.P.), to run from the middle of the valley to the west end
to help relieve the overloaded Ramon Road and 13ighway I I I thoroughfares, and to
also provide an express mute from down valley to the Palm Springs International
Ask and
WHEREAS,on October 26, 1996, the Executive Committee of CVAG approved
funding for the M.V.P. Phase 2, Extension to the Airport and
WIIEREAS,on February 5, 1997, City Council authorized the firm of Robert Bein,
William Frost&Assoc. to prepare engineering plans and specifications for the off-site
street improvements portion of Phase 2 which would widen Gene Autry Trail from
Mesquite Avenue to Ramon Road, and Ramon Road from Gene Autry Trail to Vella
Road; and
VVHMEAS, CVAG has approved funding for this design, along with the purchase of
necessary right-of-way for this pfoject, the design for this roadway has been completed
and, because of the widening of Gene Autry Trail, transition areas on Gene Autry Trail
north of Ramon Road are also necessary to be acquired;and
WHEREAS,one of these acquisitions is an approximately 1,645 square foot parcel
located on the east side of Gene Autry Trail north of Ramon Road, and is owned by
Mary Epsteen; and
WHEREAS, an appraisal report by the firm of McKenzie, Wagner& Associates, Inc.
of Palm Desert, was completed in January 1999; and
WHEREAS,in accordance with said appraisal, an offer of$5,800.00 was made to the
owner, Mary Epsteesy and accepted; and
WHEREAS, funds to cover this purchase of right-of-way are available in account
number 134-4497-50133 (M.V.P. Phase II)and are 50% reimbursable by CVAG per
Agreement No. 3741, approved by Council on November 20, 1996.
Q up's
,a _1�qv ;L
R 19637
ACQUISITION OF REAL PROPERTY AGREEMENT
September 1, 1999
Page 2 of 2
NOW THEREFORE BE IT RESOLVED by the City Council of the City ofPalm Springs,
to approve the Acquisition of Real Property Agreement with Mary Epstem for the purchase
of right-of-way on Gene Autry Trail for Mid-Valley Parkway, Phase 2, Extension to
Airport, City Project No. 99-13.
ADOPTED this 1st day of September , 1999.
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk CityManager
REVIEWED AND AUTHORIZED AS TO FORM: