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HomeMy WebLinkAboutA7244 - DESERT WATER AGENCY City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED Dated: August 27, 2019 From: Desert Water Agency, A Public Agency Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this k day of 2019, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16t' day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at'Pairr-Springs, California, this 304t,-day of clh - -2019. - — P.MSp4 iy c _ V N THONY MEJIA * �RIO1R\{ \�\a 4 C.41FOIL City Clerk SOE•502-A(P 1)REV.to (06.171 PRELIMINARY CHANGE OF OWNERSHIP REPORT To bo completed by the Imnsferce(buyer)pdorlo a transfer of subject pmPeHy.In acccrdencewlth Sec0on 4B0.a at the Revenue End Tcut oa Coda.A Pmamnory Change or O,meratdp Reporl must be mod W lh Cecil conveyance In[he County RC&afdere olOco for rho County whoro the properly Is located. FOR ASSESSOR'S USE ONLY -o�Ll City of Palm Springs, a Califorria charter city and municipal ASSESSOR'S PARCEL NUMBER corporation SELLERRRANSFEROR 3200 E.Tahqulz Canyon Way Desert Water Agency,a ubllc a enc Palm Springs,CA 92252 BU ft'S OA�\r(M6 TELEPH1 ONENUM13Ea BUYER'S EMAIL D C}'](ll' I.tS tl Y���'k(,ril5grin�z . �✓ STREETAOORESS OR PHYSICAL LOCATION OF REAL PROPERTY Vacant Land APN:677-420-024. City of Cathedral,CA ❑YES j3ft Tldspmperlyfsfntaridedsmyprindpnlmddonce, If YES.pleselndkelethedsloofocrnpuncy MO DAY YEAR or Intended occupancy. ❑YES ja`&O Acel.P.r aeldaf u�00%hy llmrDepartment ofVelem s Affatm7a unnamed surviving suse of ad4ahkd veteran who was MAIL PROPERTY TAX INFORMATION TO(NAME) City of Palm Springs,a California charter city end municipal car oragon MAL PROPERTY TAX INFORMATION TO(ADDRESS) CITY STATE ZIP CODE PART I:TRANSFER INFORMATION Please complete ell statements. Thb cocoon mnletns posdble a duslons from raossessment rorcedaln typos of Imndnrs. YES t D ❑ A This hansferi6 solely between spouses(eddefonorramovatofa spouse,death ale sptwse,dymrcaseillom"4010.). ❑ B. This transfer is a Italy between domestic partners currently registered with the California Secretary of Stale(addlllon erremootofa pertne,death of a partner,temimallon settlement,eh). I ❑ C, Ts p a IF ref. ❑between parenl(s)and chlld(ren) O from grandparent(&)togrendcNld(ren). ❑ D. This IranSr00r Is the result are colonanl's death. Dato of death ❑ E. This Iranseellon Is to replace a principal residence by a person 55 years of age or older. Nhlhln the soma county? ❑YES ONO p F. This transaction Is to replace a principal residenco by o personwho is severely disabled es defined by Rovenue and Taxation Code secUen Sg.5. Wthln Ufe same o0unly? DYES ❑NO ❑ G. This tranaodion Is only a caueollon of the name(s)oftha persons)holding title to the properly(e.g.,a name chance upon maaiupa). If YES,please explain: q Ft. The recorded document creates,Iermtnalos,or reconveys a landefs Interest In the property. ❑ I. TIris Item action Is recorded only as o requirement for financing purposes or to create,terminate,or reconvey a eoulrityfnlaosl (e.g,cosigner).If YES,please explain: ❑ p J. The recorded document subsUlulm o trustee of a trust,mortgage,a other similar document, r K. This Is a transrer of property: ❑ 1. lolfrom a rBVOCable[rust that may be Invoked by the transferor and Is far the benegl of ❑the Iransfemr,andlor O the transferors spause ❑registered domestic partner. ❑ EI 2, loIfrom en Irrevocable trust for the benefit or the 1J O in and/or ❑grantarslirtulofe&pose O granlorsRrusloes mgWacd domes0o padner. ❑ L This property Is subject to a(ease with a remaining lease term of 35 years or more Including written opllans, ❑ M. This Is a transfer belwaert panics In which proportional Inlaresls of the Ironsforor(s)and uarlsferee(s)In eacil aid every parcel being transferred remain exactly the same offer the Ire War. ❑ N This is a transfer subject to subsidized low-Income housing requUemmis wllh governmentally imposed restrictions,or restrictions Imposed by specified nonpregl eurporstios. ❑ \ 0. This lrasferls to the first purchaser or a nnooww building containing an active solar energy system. ❑1 P. Olhec TNs Immfcr Is to Or.�f Please rarer to the Instructions rar Part 1. J Ploaua provide any olhor Informallon that will hall,the Assassor undorstend the nalu a at Ilia transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION SFRM0017(DSI Rev.17120117) r UDE-502-A(P21 REV.13 (05-17) PART 2. OTHER TRANSFER INFORMATION Check and complete as opplicablo. A. Dale of transfer,It other than recording date: B. TypoofTramfor ,0"l�`urchose oFaeclosum OGIB oTradeorexcimngo Ohlerger,slockorpemncrowpacqulsillon(Fom1BOE-100-8) ❑Contract of sob. Dale of contract: ❑Inherganco. Date of doo0u ❑Saleneasebabk O CMUtion of D leDaa ❑Asslgnmrnl of a lopso ❑Termination of a tango.Date lease began Original term In year&(Including written options): Remaining term In years(Including wrillen options): O Other. Please=Plain C. Only a partial Interest In the property was transferred. ❑YES �ErNO It YES,Indicate the percentage transferred. 'A PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price- $ •L`iJ a. Cosh down payment Ofw ounUn t $ ivaOftradeorexchangeExcludingClosingCosts Am $ � $•077 C. First deed at trust@ %Interest for years,Monthly payment$ ❑FHA(.Gl mjp w) 0 Cal-Vet O VA I Wmmt Pow) O Fixed rele 0 Variable rate O Bunk)Savings&LoonlCred l Upton ❑Loan canted by seller ❑Balloon payment S Due date; D. Second deed of trust @ _,%Interest for years.Monthly payment$ Amount S ❑Fixed rate ❑Vadablo vale ❑BanklSavNs&LoaNCredll Union O Loan carried by seller ❑Balloon payments Duo dale: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES 0 NO outstanding Balance S tT—r F. Amount,If any,of real estate commission fees paid by the buyerwhlch ere not Included In the purchase prlca S "rT G. The property was purchased:O Through real estate broker.Broker name: Phone number ( 1 J3 Direct from seller O From a faintly member-Reiallonship ❑Other. Please explain: H. Plansa explain any special terms,sager concasslons,brokerlggeld teas waived,Onancing,and any Oil=InfD(mallmt(e.g.,buyer assumed the existing loan balance)that would assist the Assessor In the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as appncaore. A. Typo of property transferred ❑ Single-famlly residence 0 CO-Oplown•your-awn O Manufactured home o Mulllplo•fanaly resldence.Number of units: 0 Condominlum 0 Unimprow l Iol ,p Olhec Description:(Le.•limber,minerzL water tights,ale) O Timealtere O C°mm°rcioNnd°stdN t 8. 0 YESJAO Personlibusiness property,or Pcontives,provided bysellert to ore Includtives ed In the membarse price.Examples ample Of PesonalW. property am furniture,farm Equipment,maclilnery, Examples If YES,enter the value of the p°rsoneghtalreas ploparty: S Irconuves $ C. Cl YES 13'140 A manufactured home is Included in the purchase price. If YES,enter the value attributed to the manufactured home: $ I 0 YES ETNO The manufactured home is subject to local properly lax. If NO,enter decal number D. 11YES2INO The property produces rental or other income. If YES,the Income Is from; 0 Laaselrenl O Contract ❑Minarol rights ❑Other. E. The wndlllon or the property at the time of cola was; O Good 04verage 0 Fair ❑Poor Plama describe: CERTIFICATION I certify(or daclem)'that the loregWng and an fnlarmalion hereon,Including any accompanying statements ordocumenls,is free and=n of to the bast of myknowladgo and better 1 l� 'ONI.TMSOFa c. w�9FEREEDR CORPORA DATE I-E-•l/1EP116vE�� 'k My/RAIAE UI1TF31RRAR5FEREFhEOAL RFPfl 'UliAll OFFIVER(P `E PRIM r /6 EIMLADORESS yUN7 y� ;d.(kid Iwer;OJA Than, saefs oNlcD tj aycontaclyo oraddlllonal nrorm onmgardin IhlstmnsactlOm !�✓ SFRM0017(D51 Rev.12120117) i ov x'va " LARRY W. WARD Recorder P.O.Box 751 * * COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)ash 7000 !;�' ♦�io`. Website:w vxiversideacccom ° CIS DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 677 -- 420 -- 024 I declare that the documentary transfer tax for this Property Address: Vacant Land transaction is: $ 0.00 If this transaction is exempt from Documentary Transfer Tax,the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROMDOCUMENTARY TRANSFER TAX BECAUSE: (Tire Sections listed beloiv are taken from the Revenue and Taxation Code. Please check one or explain in "Other".) 1. _Section 11911. The document is a lease for a term of less than thirty-five(35)years(including options). 2. _Section 11911. The easement is not perpetual,permanent, or for life. 3. _Section 11921. The instrument was given to secure a debt. 4. Section 11922. The conveyance is to a governmental entity or political subdivision. 5. _Section 11925. The transfer is between individuals and a legal entity,or between legal entities, and does not change the proportional interests held. 6. _Section 11926. The instrument is from a trustor to a beneficiary,in lieu of foreclosure,and no additional consideration was paid. 7. _Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. 8. _Section 11927. The conveyance relates to a dissolution of marriage or legal separation. 9. _Section 11930. The conveyance is an inter vivos gift*or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies,including the Internal Revenue Service. Also,certain gifts in excess of the annual Federal gift ,tax exemption may trigger a Federal Gift Tax. In such cases,the Transferor(donor/grantor)may be required to file Form 709(Federal Gift Tax Return)with the Internal Revenue Service. 10. _Section 11930. The conveyance is to the grantor's revocable living trust. 11. _Other(Include explanation and authority) I DECLARE UNDER PENALTY OFPERJURY THAT THE FOREGOING IS TRUEAND CORRECT. Executed this 8th day of November 20 19 at Newport Beach CA City State Carly Beard Signature ofADiant Printed Name ofARiant Commonwealth Land Title Company 4100 Newport PI Dr, Or 120 NR CA 92660 Name of Finn(if applicable) Address ofARan[ 949-724-3159 Telephone Number of Aniant(including area code) This form is subject to the California Public Records Act(Government Code 6250 et. seq.) For Recorder's Use: Affix PCOR Label Here ACR 521P-AS4EX0(Rev.11/2010) Available in Alternative Formats ` DOC # 2019-0463090 11/08/2019 02:52 PM Fees: $0.00 Page 1 of 9 Commonwealth Land Title Company Recorded in Official Records County of Riverside Peter Aldana RECORDING REQUESTED BY: Assessor-County Clerk-Recorder City of Palm Springs WHEN RECORDED RETURN TO: "This document was electronically submitted to the County of Riverside for recording" City Clerk Receipted by:MARY#420 City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 922624 Exempt from recording fees under Government Code§6103 gt zo Zb(J APN:677-420-024 -)y O(°J-0ce (Space above this line reserved for Recorder's use) TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Desert Water Agency, A Public Agency (hereinafter "Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, (hereinafter "City" and/or "Grantee"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in'the City of Cathedral City, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof(the "Property"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to 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 Property. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire June 30, 2024 or five years (5) after the close of escrow controlling this transaction, whichever occurs first. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. Executed this 27th day of August, 2019 GRANTOR: Desert Water Agency, A Public Agency By: Mark S. Krause By: Its: Its: General Manager-Chief Enqineer 1078843.1 i Commonwealth Land Title Company RECORDING REQUESTED BY: City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 922624 Exempt from recording fees under Government Code§6103 CI'-O Zb I-1 APN:677-420-024 -rJ-A O(9-moo (Space above this line reserved for Recorders use) TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Desert Water Agency, A Public Agency (hereinafter "Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, (hereinafter "City" and/or "Grantee"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Cathedral City, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof(the "Property"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to 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 Property. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire June 30, 2024 or five years (5) after the close of escrow controlling this transaction, whichever occurs first. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. Executed this 27th day of August, 2019 GRANTOR: Desert Water Agency, A Public Agency By. , Mark S. Krause By: Its: Its: General Manager-Chief Engineer 1078843.1 T ' CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 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 Californi County of Kky urcAk I On before me, T\Nia 13mg 'NOuw 1�ul�lir✓ Doe H re Insert Name and Title of the Officer personally appeared MAY,y- S. V—mkbo Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(j{j whose nameA is/ a subscribed to the within instrument and acknowledged to me that he/stji</q(ey executed the same in his/t)Kr/t4ir authorized capacity(iN,and that by his/for/tKir 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 SYLVIA RACA paragraph is true and correct. *My Notary Public•CaliforniaRiversice County E WITNESS my hand and official seal. Commission a 2259899 Comm.Expires Oct 23,2022 r Signature Place Notary Seal and/or Stamp Above 'gnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document 1 Title or Type of Document: % &4- DocumentDate: NumberofPages:� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) [v Signer's Name: Wyly-S UG?, Signer's Name: ❑Corporate Officer-Title(s): ❑Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator I Other: eAWA ftAfif _ ❑ Other: Signer is Repr senting: Signer is Representing: 02018 National Notary Association Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA 1078843.1 r MISIT "A" LEGAL DESCRIPTION APN 677-420.024 DESERT WATER AGENCY TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA.A PORTION OF THAT 30.00 FOOT WIDE STRIP OF LAND DESCRIBED IN GRANT DEED RECORDED JUNE 18,1087 AS INSTRUMENT NO. 1987-173244.OF RIVERSIDE COUNTY RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 4 SOUTH,RANGE 5 EAST,SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINR AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, THENCE NORTH 89046'32" EAST, A DISTANCE OF 1177.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30,000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69.191W EAST, SAID POINT ALSO BEING THE PROLONGATION OF THE WESTERLY LINE OF SAID 30,00 FOOT STRIP OF LAND; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 0060043",AN ARC DISTANCE OF 68.61 FEET TO THE TRUE POINT OF 1 BEGINNING,A RADIAL LINE TO SAID POINT BEARS NORTH 69012135"EAST; THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00004%60,AN ARC DISTANCE OF 43.05 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 696071394 EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 89"41'41" EAST, A DISTANCE OF 32.04 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30,030.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 59008'6W EAST; THENCE SOUTHERLY ALONG THE'ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0D-04'56",AN ARC DISTANCE OF 43,09 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 6043'62"EAST; THENCE NON-TANGENT TO SAID CURVE SOUTH 89°48'32" WEST, A DISTANCE OF 32.05 FEET,TO THE TRUE POINT OF FIZOINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 1,293 SQUARE FEET OR 0,030 ACRES MORE OR LESS, 1 OF 2 EXHIBIT "A" I:EGAL DESCRIPTION APN 677-420.024;DESERT WATER AGENCY TEMPORARY CONSTRUCTION EASEMENT A$DGPICTED'ON EXHISIVs, 0 ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UN1XR THE DIRECTION OF: r &4r-�l I CH4AIE0 A Il4FH Gt1ANLFS R,HARHIS P,L.S.4989 i DATED: I r ' r i i i r I I i i f a Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078843.1 Exhibit"B" DEPICTION OF THE EASEMENT AREA - EXHIBIT "B" TEMPORARY OONSTRUOTION EASEMENT APN 077-490.024 OEOERT WATER AEIENCY SEC, 17. TAS., R.SE., SUM SE DESERT 7TER AOFJICY `O� WARRIOR GOLF EGURIES PER INS7. 1986-142627 0 L PER 000. # 2011-0183718 REC. OB/19/142627, CA, b•�?{ REC.04 27/2011, O.R. APNi 877-420-021 r �� APR. 77-420-023 fOV07'39°E NSB'OB'5R'E R L7 R \ TOR ARRA 1,293 SOS FT, 4•S �` 0,030 AC. � N09'12'S9'E \ NB9'15'62'6 p R 2r TCC FA 1 N69.19'IB'E RAMOf�OAD _ R N 60'40'3V E 1177.04' P.O.O. I O¢ S, 1/4 OF SEC. 17 LINE DATA eFg13 N0. eFAR4 Lt 89' 41 CURVE DATA NO. DELTA PAONs LFJIom 0' 40• 80 c1 _ OVa 4 Z101 O S A 02 0'04 00.G0 .0 DATEOt SCALE 1'�40' 03 00'0450 10 3— 43.09 TEMPORARY CONSTRUCTION EASEMENT i © R/P7 PER SEPARATE I)OONAENT i PROJECT NAME: RAMON ROAD USAF. 4'ONSOLge INC. CITY PROJECT NO, OS-25 IDP 4N0 C CIVIL SNOR4BIDING Ills p S I LOOMING 7 s LAND SORVRYINO DESCRIBED IN 1HE PRECEDING DOCUMENT, ALL PRI Y CALLS LOCMEO E IIIEN DERCRI TI J.N. 1963 SHELY 1 OP 1 t u ,• ACKNOWLEDGEMENT I 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 •�AI �UVyu-& ) )ss. COUNTY OF, rozy5 l d e ) On �Zl �3l�� before me, L011D�CY—SQrIIz% Notary 0.lAAr11�� Public,, personallyappeared -►1/�Qa/� �. A�fL who proved to me on the basis of satisfactory evidence to be the person(* whose name(e) islm subscribed to the within instrument and acknowledged to me that heft kitktey executed the same in his/ha04air authorized capacity(k4), and that by hislWhvir signatures) on the instrument the person, 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. LAURA JAEGER-SEITZ WITNESS my hand and official seal. Notary Public-California .=i Riverside County i �n-1 L_i� OOrRi�-��Il •� Commission#2127670 D Signature 0 - My Comm.E>t fires Oct 21,2019 My Commission Expires: LO 2) This area for official notarial seal Temporary Construction Easement Agreement City of Palm Springs Office of the City Clerk 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT Dated: August 27, 2019 From: Desert Water Agency, A Public Agency Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 0�-day of 2019, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 25'H-day of -eT , 2019. — C*?ALM Sp4 c u ,n AN HONY MEJIA City Clerk oq<tFoaN�P yy ov.a,vy LARRY W.WARD Recorder P.O.Box 751 * + COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)4867000 msvf aA Website:w vjiversideacncom DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 677 -- 420 -- 024 I declare that the documentary transfer tax for this Property Address: Vacant Land transaction is: $ 0.00 If this transaction is exempt from Documentary Transfer Tax,the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROMDOCUMENTARY TRANSFER TAX BECAUSE. (The Sections listed below are taken jroin the Revenue and Taxation Code. Please check one or explain in "Other".) 1. _Section 11911. The document is a lease for a term of less than thirty-five(35)years(including options). 2. _Section 11911. The easement is not perpetual,permanent,or for life. 3. _Section 11921. The instrument was given to secure a debt. 4. Section 11922. The conveyance is to a governmental entity or political subdivision. 5. _Section 11925. The transfer is between individuals and a legal entity,or between legal entities, and does not change the proportional interests held. 6. _Section 11926. The instrument is from a trustor to a beneficiary,in lieu of foreclosure,and no additional consideration was paid. 7. —Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the.unpaid debt. 8. _Section 11927. The conveyance relates to a dissolution of marriage or legal separation. 9. —Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies,including the Internal Revenue Service. Also,certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases,the Transferor(donor/grantor)may be required to file Form 709(Federal Gift Tax Return)with the Internal Revenue Service. 10. _Section 11930. The conveyance is to the grantor's revocable living trust. 11. _Other(Include explanation and authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUEAND CORRECT, Executed this 8th day of November ,20 19 at Newport Beach CA City Stare Carly Beard Signature of AfHant Printed Name of AfFiant Commonwealth Land Title Company 4100 Newnnrt PI Dr.St 120,NB CA 92660 Name of Firm(if applicable) Address ofAinant 949-724-3159 Telephone Number of Arrant(including area code) This form is subject to the California Public Records Act(Government Code 6250 et. seq.) For Recorder's Use: Affix PCOR Label Here ACR 521P-AS4EX0(Rev.11/2010) Available in Alternative Formats .EXHIBIT A -0 If' 11' Veam n,: TM. LAND ThTI.E cOMP�A.N°Y . DOCUMtNT.EXECUTIOM G UIDELINES: Subject to requirements and limitations of applicable State and.Local J_awj all.Law"yers or Commonwealth direct operations must atlhere to:one of the following-procedures for all - documents upon which a Company title product is based--applicable in all transactions p- P Y - . other than thbIisted exceptions: 1..All documents signings must be conducted in the presence of an authorized Company employee or title policy issuing agent(collectively Company representatve.)regard ess of who performs:the:actual notarization;or 2,The document signings must be conducted:through 5ancserv, a brand neutral FNF - (paJent company) company that is.covered a$16 million E&Q policy that-extends to all of the notaries that it retains,:or :3.The documents must be conducted by a notary or signmgaervice that maintains E&O.insurance of$IQ0,000 or higher and is.approved in writing prior to the signing by a Regional Manager or other authonzed'designee of this Company;:or 4.The document signings must be conducted-under the supervision:of�bttorneys actively: licensed in the state where,the document signings take place; or ;Exempted.Transactions . 1 Documents executed in' accordance with existing guidelines for fore gn . individuals_and entities and military personnel. 2.. Documents executed direetlywith the insured lender�(not the mortgage>jroker). 3 : -Documents provided by independent escrows or closing services approved by the Regional Manageror their designee A. Documents executed for commercial transactions:in an amount of three,W111on.or greatert$3,0QO,OQ.0) . . - ,.. Please:direct any°questions.orinqulHoI to,your Commonwealth Land Title escrow officer;title officer,-or marketing representative. - Jrii7tiaiy 7010 BOE 502-A(P.1)REV,13 (06-17) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by-the'transferee(buyer)'prior to a transfer of subject property,in accordance With Section 400.3 of the Revenue and Tax ation. Code.A Prerrminary Change of bivriersfilp Report must be filed.with each conveyance in the County Recorder's office for the county where the:property Is located. FOR ASSESSOR'S USE ONLY City of Palm Springs, a California. charter city and municipal ASSESSOR'S PARCEL NUMBER corporation 3200 E.TahqullZ Canyon W$y: 8ELLER(rRANSFEROR Palm Springs,CA 92262 . . Desert Water Agency,a public agency BU ER'S DA 114lETELEPHONE UMBER CLt.S BUYA1 S I►a!t�`i :t ci; . ey . D 9-t Y' �D'�� r STREETADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY tt Vacant Land APN:677420-024,City of Cathedral,CA. :ri YES NO This property is intended as my principal residence. If YES,please indicate the date of.occupaney_. MO DAY YEAR or kntefided occupancy. ❑YES O'�O Are you,a disabled_Veteran br a unmarried surviving spouse of a disabled veteran who was compensated at 100"/o:by the Department of Veterans Affairs? MAIL PROPERTY TAX INFORMATION TO(NAME) :�City of Palm.Springs,a California charter city.and munici al corporation MAIL PROPERTY TAX INFORMATION TO(ADDRESS) CITY . SATE ZIP CODE PART L TRANSFER INFORMATIPM Please.complete aft statements:. This section contains possible exclusions from reassessment for certain,types of transfers, :YES p A. This transfer is solely between`spouses(additton.orremoval of'a spouse,death ofa spouse divorce settlement;etc,). B._This transfer is solely:b6tween domestic partners currently registered with the California Secretary of State(addrffon orremoval ofa. partner,death ofa partner';termination settlemenf,:etc.), ❑ * C. This is a transfer: O between parent(s):and children) E3 from grandparent(s)to grandchild(ren). ❑ * D. This transfer isthe result ofa cotenant's death. Date of death El, * E. This transaction is to replace a principal residence by person 55 years of age or•oider. Within the same county?. p YES I7 NO... ❑ ❑* F. This transaction is to replace:a pnncipal-residence try a person who is severely'disabled as defined by Revenue and Taxation Code s e ct hision 69:5: Within the same county?-1Q YES ❑NO . p G. T transaction is.only a correction of the name.(s}of the persons)holding title to the property;(e.p.;'a name change,ripon marriage), If.YES,please explain:: p H. The recorded document.creates,terminates,or re a fender's interest in`the properly. ❑ 1. This transaction Es recorded only as a regulrement for financing purposes or to create,terminate,'or reconvey<a security interest (e.g. coslgner) If YES,please explain p J: .The recorded document substitutes a,trustee of a trust,mortgage,or,other simlla�Aocument. K. This is a transfer of property: ❑ 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of 17 t6e transferor;and/or 0 the tran"sferor's spouse El registered_domestic partner. ❑ 2: to/from an irrevocable trust for the benefit of the: (3 creator/grantor/truster and/or 11.grantor'sftrustor's spouse. 0 grantor's)tru'stor's(egistarO domestic paffner., - - - L. Thisproperty is subject to a lease.with a remaining lease term of:35 years or more including written options. M. This is a transfer between parties in which proportional interests of the transferors)and transferee(s)in each and ever y;parcel being iransferred.remain exactly the same after the transfef. ❑ N This is a transfer subject to.subsidized low-income:housing requirements with governmentally Empgsed restrictions,or restrictions imposed byspecifted nonprofit corporations. ❑ ..p*_O. This transfef is to the first purchaserof anew building containing an active solar energy system. ❑ P. Other This transfer is todi { Please refer to the instructions for Part 1 I Please provide any other Information that will help the Assessor,understand the nature of:tfie transfer. THIS D06U[VIENT IS NOT SUBJECT TO t?UBLlC INSPECTION SFRM0017(DSI Rev,12f2011,7) BOE-502-A(1?2)REV.13 (06-17) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer,if other than recording date: B.. Type of Transfer [i Purchase ❑Foreclosure .IJ.Gift ❑Trade or exchange .❑Merger,stock,or partnership acquisition(Form 18OE-100-B) ❑Contract of sale: Date of contract: 17 inheritance. Date of death: ❑Salelleaseback ❑Creation of a lease ❑Assignment of a lease lI Terntination of a Iease..Date lease,began Original term in years(including written options): Remaining term In years(including written options): 0 Other. Please explain C. Only a partial interest in the property was transferred. ❑YES �WN0 If YES,indicate the percentage transferred: PART 3• PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. / �? A. Total purchase.prlce. $ '�l�'!}}0n r5•.C2�. B. Cash down payment or value of trade or.exchange.exciuding closing costs Amount $ S C. First deed of trust @ %interest for ..: years..Monthly payment$ Amount ❑FHA,( Discount Points) Cl Cal-Vet D VA{ Discount Points) ❑Fixed rate El Variable rate q Bank/Savings&Loan/Credit Union ❑Loan_carried by seller ❑Balloon payment$- Due date: D. Second deed of trust @ %interest for _years.Monthly payment$. Amount $ 0 Fixed rate t7 Variable rate M Bank/Savings&Loan/Credit Union ❑Loan carried by seller ❑Balloon payment$ Due date: E. Was an Improvement Bond or other public financing assumed by thebuyer? Q YES Cl NO Outstanding Balance F., Amount,if ahy,of real estate commission fees paid by the buyer which are not Included in.the-purchase price $ _e — G. The property was purchased:0 Through real estate broker.Broker name: Phone number ,Er Direct from seller ❑From a'famitymembe-r-Relationship ❑Other:.Please explain: H. Please explain any special terms;sever concessions,broker/agent fees waived,financing,:and any other information(e.g.,-buyer assumed the existing loan balance)that.would assist the Assessor in the valuation of your property: PART 4. PROPERTY INFORMATION. Check and complete,as applicable. A.: Type.of property transferred ❑ Single-family residence P Co-op/Own-your-own p Manufactured honte 11 Multiple-family residence.Number of units: ❑ Condom inturn IS Unimproved lot Other,:Description:(i.e.,timber,mineral,water rights,etc.) ❑ Timeshare ❑ Commercial/Industrial B. ❑ YES,,0"NO Person)allbusiness property,or incentives,provided by seller to buyer are included in the purchase price Examples of personal property are furniture,farm equipment,machinery,etc..Examples of incentives are club memberships,etc. Attachlist if available. if YES,enter the value of the'personallbusiness'property: $ Incentives.$ C. ❑ YES;AC) A manufactured home is included in the purchase price. If YES,enter the value attributed to'the manufactured home: $ 17 YES E O The manufactured hcme is subject to local property tax. If NO;enter decal number D.: ❑ YES ,IdNO The property.produces rental or other income. If YES,the,income is from:.0 Leaseirent ❑Contract 11I.Mineral rights El Other> E. The condit'ion.of the.property at the time of saleiwas, ❑Good 13 Average_ ❑Fair ❑Poor Please describe: CERTIFICATION l;certify(or declare)that the foregoing and all information hereon,including any accompanying stat&Ments ar.docuriients,is true and correct to the best of my knowledge and belief: AN9rEREEOR t DAT CORPORA E TELEPFtONE GNATURE=OF B ;._ _, NAME OFWYE,ITRANSFEREE/LEGAL REAR SENTATNEC EOFFICER(PLEASE( 4NTj� . } EE2 SMAI JADDRESS Polk, ep4mvel The A ssor's,off ce may contactyo ,pr addthonal inform 'on regardln this'transaction. 6 SFRM0017(DSF Rev.12/20117) BOE-502-A(P3)REV.13(06-17) ADDITIONAL INFORMATION - Please answer all questions in each section, and.sign and complete the certification before filing. This form may be used in all 58 California counties.If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report,the Recorder may charge an additional recording fee of twenty dollars($20). NOTICE:The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts.You may responsible for the current or upcoming property.taxes even if you do not receive the tax bill. NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter Assessor's Parcel Number, name of seller, buyer's daytime telephone number, buyer's email address, and street address or physical location of the.real property. NOTE:Your telephone number and/or email address is very Important.if there is a question or a problem,the Assessor needs to be able to contact you. MAIL PROPERTY TAX INFORMATION TO: Enter the name,address, city, state, and zip code where property tax information should be mailed.This must be a valid mailing address. PRINCIPAL RESIDENCE:To help you determine your principal residence, consider(1)where you are registered to vote, (2)the home address on your automobile registration, and (3)where you normally return after work. If after considering"these criteria you are still uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as your principal residence,and indicate the date of occupancy or intended occupancy. DISABLED VETERAN: If you checked YES, you may qualify for a property tax exemption. A claim form must be filed and all requirements met in order to obtain the exemption.Please contact the Assessor for a claim form. _ PART 1:TRANSFER INFORMATION If you check YES to any of these statements,the Assessor may ask for supporting documentation. C,D,E, F: If you checked YES to any of these statements,you may qualify for a property tax reassessment exclusion.,which may allow you to maintain your property's previous tax base.A claim form must be filed and all requirements met in order to obtain any of these exclusions.Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be subject to federal gift tax.You make a gift if you give property(including money),the use of property, or the right to receive income from property without expecting.to receive something of at least equal value in return. The transferor(donor) may be required to file Form 709, Federal Gift Tax Return,with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount. G:Check YES if the reason for recording is to correct a name already on title(e.g„ Mary Jones,who acquired title as Mary J. Smith, is granting.to Mary Jones).This is not for use when a name is being removed from title. H:Check YES if the change involves a lender,who holds title for security purposes on a loan, and who has no other beneficial interest in the property. "Beneficial interest" is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell, mortgage, or lease the property to another.A beneficial interest can be held by the beneficiary of a trust,while legal control of the trust is held by the trustee. 1: A°'cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an agreement with the lender stating that-if the borrower fails to repay the loan,the cosigner will assume legal,liability for it. M: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited liability companies.Check YES only if the interest held in each and every parcel being transferred remains exactly the same. N: Check YES only if this property is subject to a government or nonprofit affordable housing, program that imposes restrictions. Property may qualify for a restricted valuation method(i.e.,may result in lower taxes). ; 0: If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all requirements.met in order to obtain the exclusion.Contact the Assessor for a claim form. PART 2:OTHER TRANSFER INFORMATION, A:The date of recording is rebuttably presumed to.be the date of transfer. If you believe the date of transfer was a different date(e.g., the transfer was by an unrecorded contract,or a lease identifies a,specific start date), put the date you believe is the correct transfer -date.If it is not the date of recording,the Assessor may ask you for supporting documentation. B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a separate sheet if necessary. C. If this transfer was the result of an inheritance following the death of the property owner, please complete a Change of Ownership Statement,Death of Real Property Owner,form BOE-502-D,if not already filed with the Assessor's office, BOE-502-A(R4)_REV.13(06-17) SFRM0017(DSI Rev.12/20117) PART 3:PURCHASE PRICE AND TERMS OF SALE It is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors in determining the assessed value of the property,which is used to calculate your property tax bill. Your failure to provide any required or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes. A.Enter the total purchase price, not including closing costs or mortgage insurance. "Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's•default, issued by the, FHA or a private mortgage insurer. B.Enter the amount of the down payment,whether paid in cash or by an exchange. If through an exchange,exclude the closing costs: "Closing costs"are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller,which include title searches, lawyer's fees,survey charges,and document recording fees. C.Enter the amount of the First Deed of Trust,if any.Check all the applicable boxes,and complete the information requested. A"balloon payment"is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment. D.Enter the amount of the Second Deed of Trust, if any.Check all the applicable boxes,and complete the information requested. r E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding balance,and mark the applicable box, An "improvement bond or other public financing" is a lien against real property due to property-specific improvement financing, such as green or solar construction financing, assessment district bonds, Mello-Roos(a form of financing that can be used by cities, counties and special districts to finance major improvements and services within the particular district) or general improvement bonds,etc.Amounts for repayment of contractual assessments are included with the annual property tax bill.. F.Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price. G. if the property was purchased through a real estate broker, check that box and enter the broker's name and phone number. If the property was purchased directly from the seller(who is not a-family member of one of the parties purchasing the property), check the "Direct from seller" box. If the property was purchased directly from a member of your family, or a family member of one of the parties who is purchasing the property, check the"From.a family member"box and indicate the relationship of the family member(e.g., father, aunt, cousin, etc.). If the property was,purchased by some other means (e.g., over the Internet, at auction, etc.), check the "OTHER" box and provide a detailed description(attach a separate sheet if necessary). . H. Describe any special terms(e.g., seller retains an unrecorded life estate in a portion of the property, etc.), seller concessions(e.g., seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the broker/agent for either the buyer or seller),financing,buyer paid commissions,and any other information that will assist the Assessor in determining the value of the property. PART 4:PROPERTY INFORMATION A.Indicate the property type or property right transferred. Property rights may include water,timber,mineral rights,etc. B. Check YES if personal, business property or incentives are included in the purchase price in Part 3. Examples of personal or business property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships (golf, health, etc,), ski lift tickets,homeowners'dues,etc.Attach a list of items and their purchase price allocation.An adjustment will not be made if a detailed list is not provided. C.Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being subject to property taxes,check NO and enter the decal number. D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the source of that anticipated income.Check NO if the property will not generate income, or was purchased with the intent of being owner- occupied. E.Provide your opinion of the condition of the property at the time of purchase. If the property is in"fair" or"poor"condition, include a . . brief description of repair needed. SFRM0017(DSI Rev..12/20/17) COMMONWEALTH LAND TITLE COMPANY .4100 Newport Place Dr.,Suite 120, Newport Beaoh,CA 92660 Phone: (949)724.-3140 Buyers/Borrowers Settlement Statement Estimated Escrow Officer; Escrow No: Close bate: Proration Date: Date Prepared Disbursement-Date: :Grace Km 09103004-918 GKD 03/0812019 ._.._......... --........._... .. -------- --. .......:.. _..--- Buyer(s)1Borrower(s) City of Palm Springs,a California charter city and municipal corporation Property- Vacant Land APN'.677-420-024 City,-of Cathedral,CA - Description Debit —C.-Fe—da T.OTAI -CONSIDERATION: Total Consideration 4,285;00 ITLE AND.ESCROW CHARGES:` . Standard CL.7A,Owners Policy for$4 285.00.to Commonwealth Lend:Title 396.00 Co:: . Escrow Charge to:Commonwealth Land.Title Company 630.00 FedEx Fees(EST)to Commonwealth Land Title Company . 7 :00 RECORDING FEES: Recording Fee-Affordable Housing(EST)to Commonwealth Land title Co, 25b.Ot} Recording Service Fee(EST)to Commmonwealth Land Tile'Co. 45.00 ADDITIONAI_;CHARGES. _ Travef Notary Fee.(EST)to i3BS.Notary Service 260.00 Refundable EscrowP40 650:00 Sub Totals ti 581,a9 0.60 Balance Due From Buyer]Borrower 6,581:00 Totals' ... 8 5t31.00 fi5$100 W`7 f r s` i 4, u (; i 1 This statement is based orf information available to f e escrow holder as of the date this statement was;prepared andthe closing date shown.' above.:Actual amountstnay ohange andlorvary depending on ugtlated th rriation:i-ecelved and Woe.fina)closing date _ P _ Fa ge 1 0#2rintedbyKrystal Thompsonon 309- 146.1PM COMMONWEALTH LAND TITLE COMPANY 41.00 Newport Place Dr.,Suite 120, Newport Beach, CA 92660 Phone: (949)724-3140 Buyers/Borrowers Settlement Statement Estimated Escrow Officer: Escrow No: :Close Date: Proration.Date: Date Prepared: Disbursement .Date: Grace Kim 091 83004-918 GKD 03/08/2019 4 606 Ls)/t3orrouver(s}_ City o P im 5p�ngs r ,a California charter c�ty,and,_ uniciparcorpoiation . f EBy:- f1u(h IA'd Signor-- r�Prrnt'Name and Titie:f i APPROVED AS T4 FORM /WY ATT NE? A ST: trk PrEp,Ply'�JTY jAA� f� 4AC � . AIM This statement is.based on information available to the escrow holder as'of the date this statementwas prepared and'the closing date.shown above. Actual amounts may change andlor vary depending on updated inforrriation received and the final closing date Page 2 of 2 Pnnted by Krystal Thompson on.3 W019 1:46:15PM Commonwealth Land Title Company 4100 Newport wport Place Dr.,Suite�120 Commonwealtif . NewportBeaeh CA 92660 LAND TITLE INSURANCE COMPANY Phone: (949)7244 3141 PRELIMINARY REPORT APPROVAL Escrow Number: 09,183004-918-GKD Title Order Number: 0092026/5 :The undersigned acknowledge that they have read and rgcelVed a copy of the Preliminary Report of Title issued by Commonwealth hand Title under the above referenced order number and hereby approve same in its entirety: The undersigned 'buyer acknowledges receipt of a copy of the Covenants, Conditions and Restrictions, if any, as set forth in the Preliminary Report and hereby approve same: At the close of escrow, the Policy of Title Insurance issued In in connection with ,this transaction will contain only-the,following items: (,AkeC�QA `►�) \t 24 , PLUS those items that will reflect the documents being recorded through this.escrow. The following items are'to be eliminated _. LC"hy—Maim ori�9si_ r a,Califo nia chaffer 'ity and muriic f,corporatioi �:rAathof�ized�Sign�'or""-' t;PrFnt-�hlame anT�tle� -- _ - -- MPROVM AS TO FORM .APPI PMED BY riTv MANAGER S . AT T RNlafs- bfy Clerk cLoPit Commonwealth Land Title Company Commonwealth' 4100 Newport Place , Suite 0 Newport Beach,CA 9266660 LAND TITLE.INSURANCE COMPANY. Phone: (949)724-3141 ESCROW ACCEPTANCE LETTER Date: March 8,2019 Escrow Number: 09183004-918-GKD Escrow Officer: Grace Kim Property Address: Vacant Land APN: 677-420-024,Clty of Cathedral, CA This letter shall serve as notification of the opening of escrow with Commonwealth Land Title Company, under the above referenced escrow number for property known as: Vacant Land APN: 677-420-024, City of Cathedral, CA. The opening date is February 22, 2019, said date being the date escrow holder received a fully executed copy of the Right of Way Agreement for Conveyance of Real Property and Escrow Instructions and Temporary Construction Easement Agreement ("Agreement"), by and between Desert Water Agency, a public agency ("Seller")and City of Palm Springs, a California charter city and municipal corporation ("Buyer"). Commonwealth Land Title Company as escrow holder, accepts said Agreement as the complete agreement between the parties and agrees to act in accordance with the terms, conditions and provisions as required and as applicable to the closing of this escrow. The parties agree to hand escrow holder all necessary documents and funds to comply with all terms, conditions and provisions and as a condition of escrow holder's acceptance of the limited agency, agree to be bound by the attached General Provisions. Should there by a conflict in the terms of escrow holder's General Provisions and those of the Agreement, the General Provisions shall control as to the performance and duties of escrow holder. The terms and conditions of these provisions are deemed to be incorporated by reference. LEGAL DESCRIPTION: Seller's execution of the conveying Deed and Buyer's approval of the Preliminary Report or Commitment shall be deemed to be each party's approval of the legal description which is the subject of this escrow. INVESTMENT OF FUNDS: If the Agreement calls for the investment of funds for either party, it is acknowledged by Buyer and Seller that escrow holder must be in receipt of its standard form of investment instructions executed by Buyer and Seller together with a completed and executed W-9 form that is required by the Bank prior to the establishment of the investment account. TERMINATION, BREACH OR DEFAULT: In the event of termination, breach or default by either Buyer or Seller, Escrow Holder may require mutual written instructions prior to the disbursement of any funds or documents or elect to operate in accordance with escrow holder's General Provisions.. AUTOMATIC TERMINATION: In the event the Agreement contains an automatic termination clause, the cancellation of this escrow and disbursement of funds in accordance therewith, shall be without liability to escrow holder, without notice to or additional instruction from either party and notwithstanding any conflicting instructions that may be deposited by either party to the contrary. Buyer and Seller shall indemnify and hold escrow holder harmless from any loss that may be sustained due to escrow holder's compliance with said instructions. RELEASE OF FUNDS PRIOR TO CLOSE OF ESCROW: In the event this escrow calls for release of funds prior to close of escrow in accordance with Agreement,-the parties are notified that this escrow will have not been completed,that no documents will have been recorded to comply with the instructions given and the authority for releasing said funds is given with full knowledge of the condition of said escrow and title to the property that is the subject thereof. The release of said funds is without liability or recourse upon escrow holder for the ultimate outcome of this transaction or for the return of said funds in the event this escrow is not consummated. Escrow holder may require separate written instructions prior to the release of funds. ATTORNEY RELEASE: If either party is represented by an attorney, Escrow Holder shall communicate with and rely upon instructions provided by the attorney. GAP CLOSING: IF APPLICABLE, Buyer and Seller agree and instruct Escrow Holder that the closing of this transaction.shall occur on.a GAP basis on "the Closing Date', which means that the closing shall occur when Escrow Acceptance Letter Printed: 0/0/0000 0:00 AM by KTO COMM0010(DSI Rev.04119/17) Page 1 Escrow No.:09183004-918-GKD Escrow Holder is in receipt of all funds and documents required herein, and is in a position to comply with all instructions handed them, notwithstanding that the recordation of the documents will occur at a later date or time, Buyer and Seller further acknowledge and agree that all prorations shall be calculated based on the date of closing, that Buyer will acquire all benefits and burdens of subject property on said date, with the exception of any intervening matters attributable to Seller, pursuant to their signed Indemnity Agreement;' and that all disbursements will be made as of said date. Escrow Holder is instructed to cause the documents for this transaction to be recorded as soon as reasonably practicable thereafter. Seller herein agrees to execute a GAP Indemnity Agreement or such other document as may be required by the title insurer herein, in order for them to issue the policies of title insurance called for in this-transaction. Buyer's and Seller's execution hereto > shall be deemed their acknowledgement of the condition of title to subject property as of the Closing Date; and that the disbursement of funds called for herein,is without liability or recourse on Escrow Holder. TAX ASSESSMENT: Buyer and Seller warrant through their approval of the estimated settlement statements, that all items to be prorated through the closing, including but not limited to supplemental or escaped real property taxes, will be disclosed and properly prorated based on the most recent available figures.set forth in the preliminary report/commitment and/or any supplements or amendments thereto. There will be no re-proration of any items through this escrow after closing. Seller represents to buyer and Escrow Holder that Seller is unaware of any other' supplemental/escaped assessments and Seller has not received any refunds as a result of a supplemental assessment. Any subsequent supplemental/escaped assessments will be handled direct and outside of escrow between Buyer and Seller. .DOCUMENT EXECUTION GUIDELINES:' Prior to the execution of recordable documents, please refer to our Documents Execution Guidelines attached hereto. NOTICES: All notices for escrow holder should be forwarded to: Commonwealth Land Title Company Attn: Grace Kim 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 ` Email; gukim@cltic.com Thank you for choosing Commonwealth Land Title Company. We appreciate your business and look forward to a successful closing. Please contact me with any questions or concerns. Sincerely, Commonwealth Land Title Company Grace Kim. Commercial Escrow Officer Escrow.Acceptance Letter Printed: 0/0/0000 0:00 AM by KTO COMM0010(DSI Rev.04/19/17) Page 2 Escrow No.:09183004-918-GKD GENERAL PROVISIONS 1. DEPOSIT OF FUNDS The law dealing with,the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only wire-transferred funds can be given immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the"Escrow Instructions-Interest Bearing Account",which has been provided to you. if you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non-interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the depository institutions")and may be transferred to any other such escrow trust accounts of Escrow Holder or one of-its affiliates,either within or outside the State of California.A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates. Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other.benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties'to this escrow for the value of such services,accommodations,interest or other benefits. Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be.deposited in an interest-bearing account.All disbursements shall be made by check of Commonwealth Land Title Company.The principals to this•escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of(1)satisfaction of conditions precedent or(2)document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day,the parties agree to 'provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A.NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. 2. PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing.You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. 3. SUPPLEMENTAL TAXES The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through .this or a previous escrow transaction. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4. UTILITIESiPOSSESSiON Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. 5. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 6. AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate Broker(s)and Lender(s)named in this escrow. 7. RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing_ You shall, within two.(2) working days thereafter,deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow.UNLESS General Provisions Printed: WD/0000 0:00 AM by KTO E1000076(DSI Rev.05119117) Page 1 Escrow No.:09183004-918-GKD 1 WRITTEN OBJECTION TO CANCELLATION.IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. if written objection is filed,you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction. B. PERSONAL PROPERTY No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. By signing these General Provisions, the parties.to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any"Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding"Bulk Sales"being handled through escrow. 9. RIGHT OF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to,the principals herein. If such right is exercised, all funds and documents shall be,returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer,Seller and/or Lender.may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow,forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may be required, and forward such policy(s)to the principals entitled thereto. It is not your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow. Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow.Cancellation of any existing hazard insurance policies is to be handled directly by the principals,'and outside of escrow. 11. ACTION IN INT_ERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed,the principals jointly and severally agree to pay your cancellation charges and costs,expenses and reasonable attorneys fees which you are required to expend or incur in such interpleader action,the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six(6)months after the"time limit date"as set forth in the escrow instructions or written extension thereof,your agency obligation shall terminate at your option and all documents,monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow,whether it be at the request of any of the principals or otherwise,the fees and charges due Commonwealth Land Title Company,including expenditures incurred and/or authorized.sha]I be borne equally by the parties hereto(unless otherwise agreed to specifically). 13. CONFLICTING INSTRUCTIONS Upon receipt of any conflicting instructions,you are to take no action in connection with this escrow until non-conflicting instructions are received from all of the principals to this escrow(subject to sections 7, 9, 11 and 12 above). - 14. DELIVERY/RECEIPT Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail,email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information shown herein.All notices,change of instructions,communications and documents are to be delivered in writing to the office . of Commonwealth Land Title Company as set forth herein. 16. STATE/FEDERAL CODE NOTIFICATIONS According to Federal Law,the Seller,when applicable,will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the internal Revenue Service. Pursuant to State Law, prior to the close of escrow, Buyer will provide Escrow Holder with.a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon— recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. 16. NON-RESIDENT ALIEN The Foreign Investment in Rea] Property Tax Act(FIRPTA),Title 26 U.S.C., Section 1445,and the regulations there under, provide in part,that a transferee(buyer)of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS)within twenty (20) -days after the transfer, Commonwealth Land Title Company will not:determine nor aid in the determination of whether the FIRPTA General Provisions Printed: 0/0/0000 0:00 AM by KTO E1000076(DSI Rev..05119117) Page 2 Escrow No.:09183004-918-GKD withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction_ Commonwealth Land Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of.any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyers behalf for the purpose of supporting a claim of an exception or exemption.Commonwealth Land Title Company is not an agent for,the buyer for the purposes of receiving and analyzing any evidence.or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Commonwealth Land Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Commonwealth Land Title Company is not responsible for the completion of any IRS documents or'related forms related to the referenced statute.The buyer is advised:they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those forms. The Buyer is advised any forms, documents; or information received from Commonwealth Land Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FiRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. 17. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, i agree to pay them immediately upon demand;or to reimburse any other person or entity who has paid them. 18. ENVIRONMENTAL ISSUES Commonwealth Land Title Company has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly . and by principals outside of escrow. Commonwealth 'Land Title Company is released of any responsibility and/or liability in connection therewith. 19. USURY Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 20. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 21. FACSIMILEIELECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder,you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 22. t CLARIFICATION OF DUTIES Commonwealth Land Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow'Holder's duties hereunder shall be limited to the proper handling of such money and the proper-safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. 23. FUNDS HELD 1N ESCROW When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow,the Company shall impose a monthly holding fee of$25.00 that is to be charged against the funds held by the Company. General Provisions Printed: 0/0/0000 0:00 AM by KTO E1000076(DSI Rev.05119117) Page 3 Escrow No.:,09183004-918-GKD i THIS AGREEMENT,IN ALL PARTS.APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES_ HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, .AND 'WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER;AND THE SINGULAR NUMBER . INCLUDES THE PLURAL:THESE:INSTRUCTIONS-AND ANY OTHER AMENDMENTS MAYBE EXECUTED IN ANY NUMBER OF . -COUNTERPARTS,EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY. SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. . Commonwealth Land Title Company conducts escrow business under a Certificate of.Authority .No. 285 issued by the Cali �of : ignatua=` � Current Mafltnga'Atldress: flN� _ _ IL Forwarding Mailing Address: Home Phone Number:, Number, jjoO Cell Phone Number. E mail Atldress: :" U /� QG(11MSP17 ems$C�� A APPROVED AS TO FORM CA ATfOMW .� A EST: Clerk General Provlsions Signature Page :. panted, 0/OIOOOt10:00 AM.by KTO 0600008(DST Rev 12/09/16) Page 1 Esbrow No.:09183004-918-GKD DocuSign Envelope ID:B7AAEEF6-E78BA091-B794-BC1A13502E25 W SESAFE, Inquire before you wirel Commonwealth Land Title Company T�+ 4100 Newport Place Dr.,Suite 12.0 - Newport Beaeh,CA 92660 ro .commonwealth ii ealth LAND TITLE INSURANCE COMPANY Phone: (949)724-3141 WIRE ACCOUNT NOTIFICATION Property Address: Vacant Lend APN:677-420-024, City of Cathedral;CA 'Project Reference:. 9183004 Due to the increased wire fraud activity,the Company has instituted procedures to assist in the protection of parties to the. Real Estate Settlement from these illegal.activities. Below you will find the wire account.information for this transaction. Please be advised that the wire instructions, .listed below, are the only wire instructions we will.send you. Verbally verify these Wire instructions with us prior to forwarding to other parties. If you receive another entail or unsolicited call purporting to alter these instructions, please immediately call us at(949).724-3140. BANK NAME: City National Bank 555 South Flower St., 17th FL, Los Angeles, CA 90071 ABA NUMBER: 122018066 ACCOUNT NAME: Commonwealth Land Title Company ACCOUNT NUMBER: 555337302- ESCROW NUMBER: 09183004-918-6KD i EMPLOYEE.TO NOTIFY:. Grace Kim t EMPLOYEE PHONE NUMBER: (949)724-3140 DO NOT SEND FUNDS VIA.ACH:FUNDS WILL IMMEDIATELY BE REJECTED. If you have an questions,contact the Employee listed above at the number shown above. Y Y� . I I i Wire Fraud Alert=Wire Account Notification Page 1. Original.Effective Date: 7/31/2017 Current Version Date: 818/2017 WJRE0015-(D31 Rev.09/26117) 3 TM and©Fidelity National Ffnanclal,•inc.andloran a(fitiate.All rights reserved TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Ramon Road Widening Proiect Federal Proiect No. BHLS-5282(040) APN(s): 677-420-024 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made this 5�hday of fgmr , 20_ , by and between the City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the "City" and/or "Grantee", Desert Water Agency, A Public Agency, hereinafter designated as the "Grantor". City/Grantee and Grantor are individually referred to as "Party' and are collectively referred to as the "Parties'. RECITALS A. Grantor is the owner of certain real property located in the City of Cathedral City, (the "City"), the County of Riverside, (the "County"), State of California, (the "State"), which is identified by Assessor Parcel Number(s) 677-420-024, (referred to as the "Property"). B. Grantee desires to obtain from Grantor a temporary construction easement over a portion of the Property, and Grantor hereby agrees to authorize Grantee and its assignees, including its contractor(s), to enter, for a limited duration and term subject to the conditions herein this Agreement, a portion of the Property as described on the attached legal description, referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit "B", (the "Easement Area"), which are attached hereto and incorporated herein by reference. C. The Parties desire by this Agreement to provide the terms and conditions for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as defined below, over the Easement Area. i AGREEMENT NOW, THEREFORE, in consideration of performance by the Parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows- 1. Grantor hereby grants to City and its assignees, including its contractor(s), the right to enter upon and use Grantor's Property in the City of Cathedral City, Riverside County, State of California, described as Assessor's Parcel Number(s) 677420-024 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Construction Easement") associated with the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), ("Project"). Temporary Construction Easement Agreement Page 1 of 5 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 1,293 square feet as described on the attached legal description, referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit"B" (hereinafter the "Easement Area"). 3. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Easement Area by the Grantee, including the right to remove and dispose of improvements, shall commence on June 30, 2019 or the close of escrow controlling this transaction, whichever occurs first, and the amount shown in Section 14 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. Temporary Construction Easement will expire on June 30, 2024. Upon the City's recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office, the Temporary Construction Easement granted herein shall be automatically surrendered by Grantee, and Grantee's interests thereto shall be automatically reverted to Grantor as if quitclaimed by Grantee and shall no longer represent any title interest of or to Grantor's Property. Nevertheless, if requested by Grantor following such termination, City will execute a quitclaim deed confirming such termination. 4. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by City, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of completing the Project in accordance with applicable laws. The City's activities may involve surveying, staking, excavation, grading, and other related uses that are reasonably required to construct the Project. City agrees not to damage Grantor's property in the process of performing such activities. At all times during the term of this Agreement (and during construction of.the Project), Grantor's property will remain accessible for Grantor's ingress and egress. 5. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded, if applicable, and left in a neat condition. 6. Grantee, or Grantee's Contractors, will relocate, if necessary, the sign located within the Temporary Construction Easement to a mutually agreed upon location. Grantee agrees to relocate sign at their expense. 7. Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Temporary Construction Easement Agreement Page 2 of 5 If to Grantee, to: Attn: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 If to Grantor, to: Desert Water Agency Attn. Joseph Stuart 1200 S. Gene Autry Trl, Palm Springs, CA 92264 8. To the extent permitted by law, City (or its contractor) shall indemnify, defend and hold harmless Grantor from all losses, liabilities, costs, damages, expenses, causes of action, suits, claims or judgments, including attorney's fees and costs, (collectively, "Claims") arising directly out of or in connection with any act or omission of City, its employees, representatives, agents, suppliers or subcontractors, pursuant to this Agreement or otherwise, provided, however, that the foregoing duty to defend, indemnify and hold harmless the Grantor from and against any Claims shall not apply to any Claims arising from the negligence or intentional misconduct of Grantor. 9. Grantor hereby warrants that they are the owners of the Property described above and that they have the right to grant City, its successors or assigns, permission to enter upon and use the Easement Area. 10. This Agreement is the result of negotiations between the Parties hereto. This Agreement is intended by the Parties as a final expression of their understanding with respect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. 11. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. 12. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 13. Grantor, its assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the Parties thereto shall be jointly and severally liable thereunder in accordance with Civil Code Section 1468. Temporary Construction Easement Agreement Page 3 of 5 14. City shall pay to Grantor the total sum of Two Thousand Four Hundred Fifty- Seven dollars and no cents ($2,457.00), (the "Rental Price"), for the right to enter upon and use Grantor's land in accordance with the terms hereof. Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits, other than for payment of the Rental Price, it being understood that the Rental Price constitutes complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever, whether known or unknown as of the date of this Agreement, relating to or in connection with the Temporary Construction Easement or any other rights granted under this Agreement. Payment shall be made within thirty (30) days after execution of this Agreement, or pursuant to the terms of and through the close of escrow if acquisition of the Temporary Construction Easement is associated with the City's acquisition from Grantor of permanent right-of-way over a portion of the Property. Grantor hereby acknowledges that it has been advised by its attorney and is familiar with the provisions of California Civil Code section 1542, which provides as follows: "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." By signing below, Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect, except as set forth in this Section 14. [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. GRANTEE: GRANTOR: CITY OF PALM SPRINGS, a California DESERT WATER AGENCY, charter city and municipal corporation A Public Agency By By: David H. Ready, City Mana er Mark S. Krause Its: General Manager-Chief Engineer ATTEST: By: ony Meji , ity le APPROVED AS TO FORM: Edward Kotkin, City ttorney APPROVEED BY my t,4&1IXEER A�11_?457.0o AIA Exhibit List Exhibit A — Legal Description of the Easement Area Exhibit B — Depiction of Easement Area Temporary Construction Easement Agreement Page 5 of 5 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit"A" EXHIBIT "A" LEGAL DESCRIPTION APN 677-420.024 DESERT WATER AGENCY TEMPORARY CONSTRUCTION EASEMENT Tr=MPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.A PORTION OF THAT 30.00 FOOT WIDE STRIP OF LAND DESCRIBED IN GRANT DEED RECORDED JUNE 18, 1987 AS INSTRUMENT NO. 1987-173244,OF RIVERSIDE COUNTY RECORDS. LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 4 SOUTH, RANGE 5 EAST,SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 89648'32" EAST, A DISTANCE OF 1177.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30,000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69°19'18" EAST, SAID POINT ALSO BEING THE PROLONGATION OF THE WESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 00'0(94T, AN ARC DISTANCE OF 68.61 FEET TO THE TRUE POINT OF BEGINNING,A RADIAL LINE TO SAID POINT BEARS NORTH 69112'36"EAST; I THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00'006", AN ARC DISTANCE OF 43.05 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69'07'39"FAST; THENCE NON-TANGENT TO SAID CURVE NORTH 89'41'41" EAST, A DISTANCE OF 32.04 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30,030.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69008'66"EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00'04'56", AN ARC DISTANCE OF 43.09 FEET,A RADIAL LINE TO SAID POINT BEARS NORTH 69"1362" EAST: THENCE NON-TANGENT TO SAID CURVE SOUTH 89048'32" WEST, A DISTANCE E OF 32.05 FEET,TO THE TRUE POINT OF BEGINNING; a SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. E CONTAINING 1,293 SQUARE FEET OR 0.030 ACRES MORE OR LESS. i 1 OF 2 s i s I 3 Y !1 EXHIBIT "A" LEGAL DESCRIPTION APN 677-420-024 DESERT WATER AGENCY TEMPORARY CONSTRUCTION EASEMENT AS DEPICTED ON EXHIBIT"B"ATTACHED HERETO AND MADE APART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLE5 R.HARRIS P.L.S.4989 w"so � DATED: 7 i i 2OF2 Exhibit "B" DEPICTION UF THE EASEMENT AREA � Temporary Construction Easement Agreement Exhibii"B" Exhibit"B" DEPICTION OF THE EASEMENT AREA EXHIBIT °B° TEMPORARY CONSTRUOTION EASEMENT APN 877-490-024 DESERT WATER AGENCY SEC. 17. T.4S., R.SE., SOM �a. DESERT WATER AGENCY i WARRIOR GOLF WUMES PER INST. 9 142627,2027 �+'� 1 PER DOC. // 2011-0183718 REC. M 677 1420-0, O.R. '' REC. 04/27/2011, O.R. APNI 077-420-021 o APN: 666677-420-023 NB T39'E �� N09'OS'SB'E R L1 R TCE AREA 1,293 90. TT, 0,030 AC, C BY'1 'J6. N69'13'52'E d TCE AREA TR EA ul I to N6S'1S'10'E RAMON ROAD , N 09.40'3Y E 1177.84' y ` i P.O,O. 0 S, 1/4 OF SEC. 17 LINE DATA eop�' 4�, ND. OFARIN1'410 t .0V12IGTH NS9' 1 41 E 32.04OURVE DATA OELrA RADNS LENOTH0' 40' 00 C1 O 0 .0043A5 W I CJ 00'0450 3(I030.00 43.09 SCALE 1�-40' i TEMPORARY CONSTRUCTION EASEMENT nj R/W PER SEPARATE DOWMENT C. CITY PROJECT N0. OS-25 UAN LOtIDp CIVIL ENOLNEIBRING PROJECT NAME- RAMON ROAD SUR NI U C L S ENTKO DESCRIBED IN THE PRECEDING DOCUMENT. Al- PRIMARY IV CALLS ARE LOCATED IN THE HTFN DESCRIPTION'. J.N. 1963 SHEET 1 a I i ACKNOWLEDGEMENT 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 OFLAl/Ito( YU1A ) COUNTY OF I�IVI°vS�d10 ss. ) On a-I �3 l�B before me, o�� Y' Notary Public, �n^ 11�� �- _ personally —appeared 1 I lCA1 —�'4� -, who proved to me on the basis of satisfactory evidence to be the person(It) whose name(rq islaw subscribed to the within instrument and acknowledged to me that he/M40/tbey executed the same in his/tvWtbair authorized capacity(kvj), and that by his/her/their signature(s) on the instrument the person(p), or the entity upon behalf of which the person() 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. LAURA JAEG ER-SEITZ W TNESS my hand and official seal. Notary Public -Calnornla J.� = i Riverside County i �Q — tt1 Commission N 2127670 '— LISignat M Comm.Wires Oct11,2019 1 )) My Commission Expires: This area for official notarial seal Temporary Construction Easement Agreement Project: Ramon Road Widening Project Project No.: Federal Project No. BHLS 5282 (040) APN: 677-420-024 RIGHT OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS, (the "Agreement"), is made and entered into as of f ,201t, by and between the City of Palm Springs, a California charter City and municipal corporation, ("Buyer"), and Desert Water Agency, A Public Agency, ("Seller"), with references to the following facts. Buyer and Seller are individually referred to as "Party," and collectively referred to as the "Parties". RECITALS A. Seller is the owner of certain real property located in the City of Cathedral City, (the"City"),the County of Riverside, (the"County"), State of California, (the"State"), which is identified by Assessor Parcel Number(s) 677-420-024, (referred to as the "Property' B. Buyer desires to acquire from Seller a portion of the Property, more particularly described and depicted on Exhibits A and B attached hereto, (collectively referred to as the "Rights-of-Way"), for various public purposes including street rights-of- way and public utilities. C. Seller desires to convey to Buyer, and Buyer desires to acquire from Seller the Rights-of-Way in accordance with the terms and conditions contained in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1. PURCHASE AND SALE. 1.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller,the Rights-of-Way. As used herein the"Rights-of-Way" shall include the real property legally described on Exhibit and depicted on Exhibit B and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement rights, rights to half-widths of all adjacent public Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 1 of 15 streets and public rights of way, mineral rights, oil and gas rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon, but excepting therefrom all water and water rights, which shall be retained by seller. 1.2 Purchase Price. The purchase price, ("Purchase Price"), for the Rights-of- Way shall be One Thousand Eight Hundred Twenty-Eight Dollars and Zero Cents ($1,828.00)payable as cash at closing, plus applicable escrow, associated fees, and other charges. 1.3 Full and Complete Settlement. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Rights-of-Way, specifically including, but not limited to, any and all rights or claims that Seller has, may have or may in the future have under Article 1, Section 19 of the California Constitution,the Eminent Domain Law, or any other law or regulation. Except as provided herein Seller, on behalf of itself and its successors and assigns, hereby expressly and unconditionally waives and releases and discharges Buyer and any and all of Buyer's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns from liability in regard to any and all claims for damages, severance damages, interest, loss of goodwill, lost profits, lost rents,damages to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property,claims for inverse condemnation, pre-condemnation damages,any right to challenge Buyer's adoption of a resolution of necessity, any right to receive notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation placed upon Buyer pursuant to the Eminent Domain Law, any other rights conferred upon Seller pursuant to the Eminent Domain Law, any claims for litigation expenses, attorney's fees, statutory interest and/or costs or any other compensation or benefits, other than for payment of the Purchase Price, it being understood that the Purchase Price constitutes complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever, whether known or unknown as of the date of this Agreement, relating to or in connection with the Rights-of-Way or any other rights granted under this Agreement. 2. ESCROW AND CLOSING. 2.1 Opening of Escrow.Within fourteen (14)business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow, (the"Escrow"),with Commonwealth Land Title, at the address set forth in Section 7.12, ("Escrow Holder"), by depositing with Escrow Holder this Agreement fufly executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as partthereof and shall contain such otherstandard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 2 of 15 between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2 Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's escrow fees, charges and costs incurred in this transaction. 2.3 Closing Date; Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied(or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before June 30, 2019 (the "Closing Date"), unless otherwise extended by mutual agreement. As used in this Agreement, the "Close of Escrow" shall mean the date a Grant Deed as provided in Section 2.4.2(a) hereof ("Grant Deed"), is recorded in the Official Records of the County. 2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Rights-of-Way are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; and (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Seller's representations,warranties and covenants set forth herein untrue as of the Close of Escrow; and (d) There shall have occurred no material adverse change in the physical condition of the Property(such as those caused by natural disasters)which would render the Rights-of-Way unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for Buyer's planned improvements of the Rights-of-Way; and (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Rights-of-Way, subject only to the Permitted Exceptions; and (f) All monetary encumbrances, if any, shall have been reconveyed and title shall be conveyed free of all monetary encumbrances. Title to the Rights-of-Way shall be conveyed to Buyer free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes except for any non- delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 3 of 15 2.3.2 Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation to sell and convey the Rights-of-Way are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the Party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4 Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed as in a legally sufficient form typically used by Buyer. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant Deed as in the form of Exhibit C-1 attached hereto; and (b) Subject to Section 2.5.1 below, an executed Affidavit of Non- foreign Status in the form of Exhibit D attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 4 of 15 (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit') duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the conveyance of the Rights- of-way from Seller to Buyer in accordance with the terms of this Agreement. 2.5 Closing. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b)above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Rights-of-Way less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Rights-of-Way as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed as in the Office of the County Recorder of the County, (ii)pay any transfer taxes, (iii) instruct the County Recorder to return the Grant Deed as to Buyer, (iv) distribute to Seller the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Rights-of-Way subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Taxes and Assessments. Real property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the most recent tax information and such proration shall be final. Said prorations shall be based on a three hundred sixty- five (365) day year. 2.5.4 Title and Possession. Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions. Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 5 of 15 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Commonwealth Land Title(the"Title Company")will furnish Buyer and Seller with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten(10)business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". All monetary encumbrances are hereby deemed Disapproved Exceptions and shall be removed and satisfied atthe Close of Escrow. 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii)any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3, Right of Possession. 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 (or other agency), including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 1.2 herein are deposited into escrow controlling this transaction. The amount shown in Clause 1.2 herein includes, but is not limited to,full payment for such possession and use, including damages, if any, from said date. 3.4. Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 6 of 15 convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from lime to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 3.5. Loss or Damage to Improvements. Loss ordamage to the Property, including any improvements existing thereon as of the date of this Agreement, by fire or other casualty, occurring prior to the recordation of the Grant Deed as shall be at the risk of Seller. In the event that loss or damage to the Property, or any such improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed as Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations. Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreementwill notviolate or breach any other agreement,covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller. 4.1.2 Hazardous Substances. Seller has not used, generated, manufactured, stored or disposed any Hazardous Substances in, at, on, under or about the Property or transported any Hazardous Substance to or from the Property. Additionally, to Seller's knowledge (a)the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene,worker health and safety,or to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil or groundwater conditions; (b)the Property has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance; (c) there has been no discharge, Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 7 of 15 migration or release of any Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor has there ever been on or in the Property underground storage tanks or surface impoundments,any asbestos-containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment, and (e) there is not now, nor has there ever been, debris or refuse buried in or under the Property which would adversely affect the development of the Property. Seller hereby assigns to Buyer as of the Close of Escrow all claims, counterclaims, defenses or actions,whether at common law,or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Property. As used in this Agreement,the term"Hazardous Substances"shall have the meaning set forth on Exhibit E attached hereto.At any time prior to the Close of Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to ascertain the presence of any Hazardous Substances on, in, under and about the Property. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including,without limitation,all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 4.1.3 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat,flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1.4 Mechanic's Liens. To Seller's knowledge, there are no mechanics', material men's or other claims or liens presently claimed, or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. 4.1.5 Leases/Easements.There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.6 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1.7 No Untrue Statements or Omissions of Fact. To Seller's knowledge, Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 8 of 15 statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement)contains any untrue statement of material fact or,omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit,or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Sellerwhich would make any of the foregoing representations or warranties untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by,this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein orfurnished to Seller in connection with the transaction contemplated herein (whether delivered prior to,simultaneously with,or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibitor on any document or instrument delivered pursuant hereto,shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses,damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 9 of 15 warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside,wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller(or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys'fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations,warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. GENERAL PROVISIONS. 7.1. Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 7.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified,as may Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 10 of 15 be appropriate or necessary to effectuate the agreements of the parties,whether the same occurs before or after the Close of Escrow. 7.3. Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated into this Agreement whether or not actually attached. 7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance,shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 7.7. Waiver of Covenants Conditions or Remedies.The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law,and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7.9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 11 of 15 or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties underthis Agreement,for injunctive relief, for an alleged breach or default of, orany other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto,whether or not suit is filed or prosecuted to final judgment,the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the priorwritten consent of the other,which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next-day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 If to Seller, to. Desert Water Agency Attn. Mark S. Krause 1200 S. Gene Autry TH. Palm Springs, CA 92264 If to Escrow Holder, to: Grace Kim Commonwealth Land Title 4100 Newport Place Dr Suite#120 Newport Beach CA, 92660 Facsimile No.: (714)459-7217 Telephone No.: (949)724-3141 Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 12 of 15 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed oron the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees,and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 7.13. Survivability.All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations,warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 7.14. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees,attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBTOR." SeSe e Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 13 of 15 7.15 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. 7.16 Recording. Neither party shall have the right to record this Agreement in the Recorder's Office for Riverside County. [SIGNATURES ON NEXT PAGE] Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 14 of 15 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year first above written. BUYER: SELLER: CITY OF PALM SPRINGS, a California Desert Water Agency,A Public Agency charter city and municipal corporation By: - -Mark 6...Krause By' Its: General Manager-Chief Engineer David H. Ready, City Manag ATTAhony By: Its: By: M a, City erk APPROVED AS TO FORM: APPROVcn Py 77!41TA'UR �I gn.DU tAlpgq Edward Kotki�l3ity Attorney Exhibit List Exhibit A Legal Description of the Fee Acquisition Exhibit B Depiction of Fee Acquisition Exhibit C-1 Form of Grant Deed Exhibit D -- Affidavit of Non-foreign Taxpayer Status Exhibit E — Definition of Hazardous Substances Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions Page 15 of 15 ACCEPTANCE BY ESCROW HOLDER: COMMONWEALTH LAND TITLE hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code§18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: COMMONWEALTH LAND TITLE By: Name: Its: Exhibit "A" to the Grant Deed LEGAL DESCRIPTION OF THE RIGHT OF WAY Exhibit"A" EXHIBIT "A" LEGAL DESCRIPTION APN 677.420-024 DESERT WATER AGENCY RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,A PORTION OF THAT 30.00 FOOT WIDE STRIP OF LAND DESCRIBED IN GRANT DEED RECORDED JUNE 18, 1987 AS INSTRUMENT NO. 1987-173244,OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF CROSSLEY ROAD AND RAMON ROAD; THENCE NORTH 89048'32" EAST ALONG THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 1177.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3000D.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69"19'18" EAST, SAID POINT ALSO BEING THE PROLONGATION OF THE WESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"04'63", AN ARC DISTANCE OF 42.62 FEET, TO THE SOUTHWEST CORNER OF SAID 30.00 FOOT STRIP PARCEL AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 69014'25"EAST TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89048'32" EAST,ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 32.04 FEET TO THE SOUTHEAST CORNER OF SAID 30.00 FOOT STRIP PARCEL AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30030.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69"15'42"EAST; THENCE ALONG THE EASTERLY LINE OF SAID 30,00 FOOT STRIP PARCEL AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"01-50", AN ARC DISTANCE OF 16.01 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 6901 T52" EAST ALSO BEING A POINT ON A LINE PARALLEL WITH SAID NORTHERLY RIGHT-OF-WAY LINE; 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION APN 677-420.024 DESERT WATER AGENCY RIGHT-OF-WAY DEDICATION THENCE ALONG SAID PARALLEL LINE NON-TANGENT TO SAID CURVE SOUTH 89"4822" WEST, A DISTANCE OF 32.05 FEET TO THE WESTERLY LINE OF SAID 30.00 FOOT STRIP PARCEL AND TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69'12'35"EAST; THENCE ALONG SAID WESTERLY LINE AND SOUTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 00001'50",AN ARC DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 481 SQUARE FEET OR 0.011 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: G1NML6 R IUMO , CHARLES R.HARRIS P.L.S. 4989 l* W.40 0 DATED: 2 OF 2 Exhibit"B" to the Grant Deed DEPICTION OF THE RIGHT OF WAY Exhibit"B" EXHIBIT "B" RIGHT-OF-WAY APN 877.420-024 DESERT WATER AGENCY SEC. 17, TAS., R.SE., SEIM W'LY LINE ^Zo W DESERT WATER AGENCY WARRIOR GOLF EOUIRES PER INV. N 1960-142027 PER DOG. / 2011-0103710 REC. 06/19/142627, O.R, °jam REC. 04/27/2011, O.R. APN: 677-470-021 APN: 077-42D-023 NTY R/W LINE E'LY LINE I � ,C N N69'13'52E u 0 - — — L2 N'LY R/W LINE #\ I J N6WI 4'25'E Ir` In 1 T.P.O.B 5 1 _R/W AREA — — — — R/W AREA - �..- 401 50. Ff. 0.011 AC., AM NOAD N 09'48'32" E 1177,64' a P.O.C. 5. 1/4 OF SEC. 17 LINE DATA J N0. BEARING LENGTH L1 N 89 E 3204 0 Lz s es'aAl.D5 5 CURVE DATA 0' 40' 80' NO. D0.TA RADIUS LF?JGTH LAB CI '04 3 0000.00 4 .62 SCALE 1'd0' CZ 00'0150 .00 16.01 C3 O 0150 10, 0 e. E9 SCE ESMT PER MST. 53722 REC. 02/26/19B7, O.R. �,OF C Q SCE JOINT USE AOREENENT PER INST. 30830 REC. 02/17/1953. O.R. DATED: __// 7 -el7 ID LESSCS ROJECT NAME: RAMON ROAD PMSA CONINFIL SULTING QUw,IINC.O CITY PROJECT NO. 08-25 LAND SURVEYWO PUT IS AN AD IN ATING THE PAR EL 5ISED IN THE PRECEDING DOCUMENT, ALL PRI Y ARE LOMATEIVIN THE WRITTEN DESCRIPTION'. J.N. 1963 SHEET 1 OF 1 EXHIBIT "C-1" FORM OF GRANT DEED (Exhibit"C-1" follows this page). Exhibit"C" EXHIBIT "C-1" RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code§6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (RAMON ROAD) APN: 677-420-024 For a valuable consideration, receipt of which is hereby acknowledged, Desert Water Agency,A Public Agency, (hereinafter"Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter"Grantee"), all rights, title and interest in the following described property for streets, highways,sanitary sewer lines,domestic water lines,public utilities, and other appurtenant uses, togetherwith the right to construct,maintain,repair,operate, use,dedicate ordeclare the same for public use, in,on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit"A"and shown on Exhibit "B" attached hereto and incorporated herein by this reference, but reserving unto Grantor all rights of water, including groundwater, GRANTOR: Desert Water Agency,A Public Agency 0,,Dated: �%� By: G�jt i<an,L Its: Mark S.Krause.General Manager-Chief Engineer By: Its: Exhibit"C" EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In orderto inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by Desert Water Agency (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: X (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (11) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is 95-2408471 C. The Transferor's address is 1200 S. Gene Autry Trail, Palm Springs CA 92264 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: Exhibit"ID" A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in Riverside County, State of California on 91 /l l�45 Transferor: Desert Water Agency Mark S. Krause Title: General Manager-Chief Engineer _ Exhibit"D" EXHIBIT E HAZARDOUS SUBSTANCE DEFINITION The term"Hazardous Substance"as used in this Agreementshall mean anytoxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "hazardous chemical substance or mixture", "imminently hazardous chemical substance or mixture", "toxic substances","hazardous air pollutant", "toxic pollutant" or "solid waste" in the statues or regulations listed below. Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations,orders or rules and materials and wastes which are, or in the future become, regulated under applicable local, state or federal law for the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perch loroethylena and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) A "Hazardous Substance", "Hazardous Material", "Hazardous Waste or "Toxic Substance"under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, at secl., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, at sec.; (2) "Oil" or a"Hazardous Substance" listed or identified pursuant to§311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (3) Listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity; (4) A material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in orderforthe property to be put to any lawful purpose; Exhibit"E" (5) Any material the presence of which would require remediation,whether or not the presence of such material resulted from a leaking underground fuel tank; (6) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seg., (7) Asbestos, PCBs,and othersubstances regulated underthe Toxic Substances Control Act, 15 U.S.C. §§ 2601 et sec .; (8) Any radioactive material including, without limitation, any "source material', "special nuclear material", "by-product material", "low-level wastes","high-level radioactive waste", "spent nuclear fuel'or"transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act,42 U.S.C. §§ 2011 et sue., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq. (9) Industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and Recovery Act,42 U.S.C. §§6901 et sec.; All other laws,ordinances,codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein. Exhibit"E" CALIFORNIA ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California //� County of 4R,6k On O�lro before me, &��'�&N�4 VV �� oMIL' Date He�r�e Insert Name and Title of e Officer personally appeared May- a It Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the (s)whose QL3Ns are subscribed to the within instrument and acknowledged to me tha 6"he/they executed the same irher/their authorized a a (ies), and that b h /her/their signature(s)on the instrument the person(s),or the entity upon behalf foo vhich the person(s)a ed,executed the instrument. I certify under PENALTY OF PERJURY under the SnVIA BACA laws of the State of California that the foregoing Notary Public•California paragraph is true and correct. ` Riverside County F Commission p2259899 WITNESS my hand and official seal. *My Comm.Expires Oct 23,2022 Signature Place Notary Seal andlor Stamp Above j Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do �m�ent �,,� ,,� � ,,,, Title or Type of Document: 1`MV/IYYYl7[JW7WL{I�1 Document Date: W101) fh "j I Number of PagesLl— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association O ppLM Sp City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way•Palm Springs,California 92262 Tel:(760)323-8253• Fax:(760)322-8360•Web:www.palmspringsca.gov Cg41F0 %9. TRANSMITTAL DATE: November 18, 2019 TO: City Clerk \ / FROM: Vonda Teed,Engineering Administrative Secretary V h for Marcus L. Fuller, Assistant City Manager/City Engineer SUBJECT: Recorded Grant Deed and Temporary Construction Easement APN 677-420- 024,Desert Water Agency (A7244), City Project No. 08-25,Ramon Road Widening—San Luis Rey Drive to Landau Blvd. Message: Enclosed please find the recorded original Grant Deed and Temporary Construction Easement for the subject project for your records. If you have any questions, please do not hesitate to contact Marcus L. Fuller, Assistant City Manager/City Engineer, (760) 322-8380. Enclosures: APN 677-420-024 Grant Deed Temporary Construction Easement cc: Project File DOC#2019-0463089 11/08/2019 02,52 PM Fees: $0.00 Page 1 of 8 Commonwealth Land Title Company Recorded in Official Records County of Riverside Peter Adana RECORDING REQUESTED BY Assessor-County Clerk-Recorder City of Palm Springs . WHEN RECORDED RETURN TO: "This document was electronically submitted to the County of Riverside for recording" Receipted by:MARY#420 City Clerk City of Palm Springs 68700 Avenida Lalo Guerrero Palm Springs,CA 92234 Exempt from recording fees under Government Code§6103 w zb I,a� SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED Vr'T (RAMON ROAD) APN: 677-420-024 <-A-A 019-008 For a valuable consideration, receipt of which is hereby acknowledged, Desert Water Agency, A Public Agency, (hereinafter"Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter"Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit"B"attached hereto and incorporated herein by this reference, but reserving unto Grantor all rights of water, including groundwater. GRANTOR: Desert�Water/°�gyn A Public Agency Dated: oZ /3 / B By: 1&,X� ItS: Mark S, Krause General Manager/Chief Engineer By: Its: Commonwealth Land Title Company RECORDING REQUESTED BY City'of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 68700 Avenida Lalo Guerrero Palm Springs,CA 92234 Exempt from recording fees under Government Code§6103 u> 12- SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (RAMON ROAD) �— APN: 677-420-024 .lam p1�-ooB For a valuable consideration, receipt of which is hereby acknowledged, Desert Water Agency,A Public Agency, (hereinafter"Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation,(hereinafter"Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit"B" attached hereto and incorporated herein by this reference, but reserving unto Grantor all rights of water, including groundwater. GRANTOR: Desert Water g n A Public Agency Dated: oZ /3 /(� By: Its: Mark S. Krause General Manager/Chief Engineer By: Its: ALL-PURPOSE ACKNOWLEDGMENT 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 l �rn l�l Countyof �IVI°rs�de On 12I13 I Zt)a before me,hWA� r JIIJ�I�) 1��� YWJ' L i C Date- y� me,Title of Officer �S personally appeared —I I V.0 f` Je' , NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(*whose name(V. islzW-subscribed to the within instrument and acknowledged to me that he/$eltley executed the same in his/tWjtbeir authorized capacity&�),and that by hislorkhair signaturesW on the instrument the perscinoi), or the entity upon behalf of which the personlid) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein,that the foregoing paragraph is true and correct. LAURA JAEGER-SE]TZ Witness my hand and official seal. Notary Public-California i Riverside County i ` Commission#QM Comm:Expires Oct 21,2019 SignatLVe of toPry ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA (see attached) EXHIBIT "A" LEGAL DESCRIPTION . APN 677.420-024 DESERT WATER AGENCY RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA: 1N THE CITY OF CATHEDRAL CITY,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,A PORTION OF THAT 30.00 FOOT WIDE STRIP OF LAND DESCRIBED IN GRANT DEED RECORDED.TUNE 18, 1987 AS INSTRUMENT NO. 1987-173244, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF CROSSLEY ROAD AND RAMON ROAD; THENCE NORTH 89048'32" EAST ALONG THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 1177.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69019'18" EAST, SAID POINT ALSO BEING THE PROLONGATION OF THE WESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 00"04'53", AN ARC DISTANCE OF 42.62 FEET, TO THE SOUTHWEST CORNER OF SAID 30.00 FOOT STRIP PARCEL AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 69014'25"EAST TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89"48'32" EAST,ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 32.04 FEET TO THE SOUTHEAST CORNER OF SAID 30.00 FOOT STRIP PARCEL AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30030.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69015'42"EAST; THENCE ALONG THE EASTERLY LINE OF SAID 30.00 FOOT STRIP PARCEL AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"01'50", AN ARC DISTANCE OF 16.01 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69"13'52" EAST ALSO BEING A POINT ON A LINE PARALLEL WITH SAID NORTHERLY RIGHT-OF-WAY LINE; 1 OF 2 EXHIBIT"A° LEGAL DESCRIPTION APN 677-420-024 DESERT WATER AGENCY RIGHT-OF-WAY DEDICATION THENCE ALONG SAID PARALLEL LINE NON-TANGENT TO SAID CURVE SOUTH 89°48'32"WEST, A DISTANCE OF 32,05 FEET TO THE WESTERLY LINE OF SAID 30.01) FOOT STRIP PARCEL AND TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69°12'35"EAST; THENCE ALONG SAID WESTERLY LINE AND SOUTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 00001'50%AN ARC DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 481 SQUARE FEET OR 0.011 ACRES MORE OR LESS, AS DEPICTED ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: GWI{ED RIWilp9 i CHARLES R.HARRIS P.L.S.4989 * No.40°° cr CPI / DATED: 2OF2 Exhibit "B" DEPICTION OF THE EASEMENT AREA (see attached) EXHIBIT °Ba RIGHT-OF-WAY APN On-420-024 DESERT WATER AGENCY SEC. 17, T.4S., R.5E., SBM W'LY LINE DESERT WATER AGENCY �WWARRRIIORR DOC. I f GOLF EQUITIES B PER INST. # 1985-142527 ��, REC. 04/27/2011, O.R. NEC. 06/19/142627, O.R.APR: 877-420-021 �C APN: 877-420-023 p�� N'LY R/W LINE . 1 I I E'LY LINE w^ 6 NOW12'35"E N69'13'52E w W ¢ R r L2 7 p5429 NTY R/W LINE J N(Rly 425'E rn - L1 C 'O' _ — R/W AREA_ - R AREA' 481 SO, FT. — N69'19'1B 0.011 AC. RAMON_ROAD _ R N 89'48'32" E 1177.64' a P.O.C. BEC/17 F LINE DATA N0. I T4a 3 - LENGTH W L1 N 89'48 32 E 3204 W L2 IS 8749 32- W 32.05 CURVE DATA 0' 40' 80' N0. DELTA RADIUS LENGTH C1 00'0453 3DU3G.0D 42.6P SCALE 1'a40' C2 00'0150 30030.OD 16.01 HUM CS 00'0150 3000D.OD 16.OD Na.4909 SCE ESMT PER INST. $ REC. 02/25/9B7 O.R3722 � QSCE JOINT USE AGREEMENT PER INST. - 3DB3O REC. 02/17/1983. O.R. LESIscr, OJECT NAME, RAMON ROAD MSA CONSULTING, INC CITY PROJECT NO. 08-25 PLANNING LA■ Sup ENOINRBRIIia PLAT 6 AN A10 IN LOCATING THE PAR EL SLAND SURVBYING 113M IN THE PRECEDING DOCUMENT. ALL PRIN ARE LOCATED IN THE WRITTEN DESCRIPTION•. . J.N. 1963 SHEET 1 OF 1