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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" /B ' 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. DwA61 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. W 0.M" -2 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. -3- I1 4* 6 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. �Alw -4- 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. \ \ \ 1 rsn m, -5 1l•A,7 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 it •�� 9TFOF CAUF�� APN sa as. 677— � 280'035 � 3 APN 677-42 (P.A. '36• SW- 1/4 SEC 114 • o.� g� �e' 17 ea•s,. t oo EpgT Po a j 0.64s EZIVPoCEL SE 1/ m SEC• 4 '• j k g�4 4 B 8 N � at $ w % ' !.ARCEC P• z j! q 67 7,420-01.9 0 gwLI LI1VE Z� sEc. !7 j� ; t r It gNC Cccl. 0 ON ROAD * •2s�� 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: