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Home My WebLink AboutA7218 - THE JERRY DIRNBERGER LIVING TRUSTTEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Ramon Road Widening Project Federal Project No. BHLS-5282(040) APN(s): 677-444-009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made this ^ day of . 20 Lo . 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", Jerry H. Dirnberger, or his Successor, as Trustee of The Jerry H Dirnberger Living Trust, U/A dated December 19, 2002, 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) 677-444-009, (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. 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) 677-444-009 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Temporary Construction Easement Agreement Page 1 of 5 Construction Easement") associated with the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), ("Project"). 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 284 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 entitles 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 ail 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 Temporary Construction Easement Agreement Page 2 of 5 the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: 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: Jerry H. Dirnberger The Jerry H. Dirnberger Living Trust 777 N. Arquilla Rd. Palm Springs, CA 92262 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 Temporary Construction Easement Agreement Page 3 of 5 jointly and severally liable thereunder in accordance with Civil Code Section 1468. 14. City shall pay to Grantor the total sum of Two Thousand Seven Hundred dollars and no cents ($2,700.00), (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: CITY OF PALM SPRINGS, a California charter city and municipal corporation David H. Ready, City ATTEST: Apfhony GRANTOR: Jerry H. Dirnberger, or his Successor, as Trustee of The Jerry H Dirnberger Living Trust, U/A dated December 19, 2002 B Its: By: Its: APPROVED AS TO FORM: Edward Kotkin, City^Attorney APPROVED BY CITY MAMAGER Am Exhibit List Exhibit A Exhibit B ~ Legal Description of the Easement Area - 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 677-444-009 DIRNBERGER TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 151 OF PALM SPRINGS OUTPOST UNIT NO. 5 MAP, AS SHOWN BY MAP ON FILE IN BOOK 26, PAGE 88, OF MAPS, RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED JANUARY 13, 2003 AS DOCUMENT NO. 2003-023271, OF RIVERSIDE COUNTY RECORDS, LOCATED IN 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 THE CENTERLINE INTERSECTION OF RAMON ROAD AND CROSSLEYROAD; THENCE SOUTH 89°48'50" WEST, ALONG THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 313.02 FEET; THENCE NORTH 00°14'33" EAST, A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°48'50" WEST, A DISTANCE OF 54.14 FEET; THENCE NORTH 47°31'59" WEST, A DISTANCE OF 7.38 FEET; THENCE NORTH 89°48'50" EAST, A DISTANCE OF 59.60 FEET; THENCE SOUTH 00°14'33" WEST, A DISTANCE OF 5.00 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 284 SQUARE FEET OR 0.007 ACRES MORE OR LESS. 1 0F2 » All LEGAL DESCRIPTION APN 677-444-009 DIRNBERGER TEMPORARY CONSTRUCTION EASEMENT AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF; CHARLES R. HARRIS P.L.S. 4989 DATED; /Z/£/2^/ 7 1ICHARLES R. HARRIS 2 OF 2 Exhibit "B" DEPICTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "B" SPOV TEMPORARY CONSTRUCTION EASEMENT APN 677-444-009 DIRNBERGER SEC, 17, T.4S.. R.5E.. SBM JERRY DIRNBERGER PER DOC. ^ 2003-023271 REG. 01/13/2003, O.R. APN: 677-444-009 in (o T.P.O.B. TCE AREATCE AREA^ 284 SQ, FT, 0.007 AC. RAMON ROAD P.O.C. S. 1/4 OF SEC. 17 0'40' SCALE r=40' 80' LINE DATA NO.BEARING LENGTH L1 S BQ*4B'50" W 313.02* L2 N DOT 4*33'' E 55.00' L3 S 89'4B'50'' W 54.14' L4 N 4r31'59'' W 7.38' L6 N 89'48'50" E 59.60' L6 S OOT4'33" W 5.00' A 10' SCE ESMT. PER INST. 86307 REG. 5/07/1983, O.R. R/W PER INST. 194177 REC. 10/20/1980, O.R. TEMPORARY CONSTRUCTION DATED: EASEMENT PROJECT NAME: RAMON ROAD CITY PROJECT NO, 08-25 THIS PLAT IS AN AID IN LOCATING THE PARCEL(S; DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION^ MSA Consulting, Inc. Planning n Civil Engineering Land Surveying J.N. 1963 SHEET 1 OF 1 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 OF 1 ) ) SS. COUNTY OF ) On , before , Notary Public, personally ~ appeared p^VxC^ , vi/ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my^ag^d ^nd official seal. Signa My Commission Expires; This area for official notarial seal MELISSA R.MALONEY-MANN I . COMM. #2205423 r Notary Public • California g Riverside County My Comm. Expires July 15.2021 ^ Temporary Construction Easement Agreement prin 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: From: Jerry H Dirnberger, or his Successor, as Trustee of the Jerry H DIrnberger Living Trust, U/A dated December 19, 2002. 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 day of OfhW 2018, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16^^^ 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 day of 2018. * * -Anthony mejia City Clerk RECORDING REQUESTED BY: City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, OA 92262 Exempt from recording fees under Government Code § 6103 APN: 677-444-009 (Space above this line reserved for Recorder's use) TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Jerry H. Dirnberger, or his Successor, as Trustee of The Jerry H Dirnberger Living Trust, U/A dated December 19, 2002 (hereinafter "Grantor") hereby grants unto City of Palm Springs, a California charter city and municipai 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 lA^ay o GRANTOR: Jerry H. Dirnberger, or his Successor, as Trustee of The Jerry H Dirnberger Living Trust, U/A dated December 19, 2002 By: Its:Its: 1078843.1 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 County of On JL)/aJlg before me, \Y\oAor\^<^^)ry\cKVOn date Name, Tlfte of Officer personally appeared. NAME(S) OF SIGNER{S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/arie subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In hIs/her/theIr authorized capaclty(les), and that by hIs/her/theIr signatures(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 Identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. j MELISSA R.' M^ONEY-MANnI COMM. #2205423 « _ Notary Public • California g \C'—^ Riverside County lgnature-6f Notary Mv Cwim. Expires July 15.2021 ^ 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 1078843.1 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA 1078843.1 EXHIBIT "A" LEGAL DESCRIPTION APN 677-444-009 DIRNBERGER TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA, A PORTION OF LOT 151 OF PALM SPRINGS OUTPOST UNIT NO. 5 MAP. AS SHOWN BY MAP ON FILE IN BOOK 26. PAGE 88. OF MAPS. RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED JANUARY 13. 2003 AS DOCUMENT NO. 2003-023271. OF RIVERSIDE COUNTY RECORDS. LOCATED IN 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 THE CENTERLINE INTERSECTION OF RAMON ROAD AND CROSSLEY ROAD; THENCE SOUTH 89°48'50" WEST. ALONG THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 313.02 FEET; THENCE NORTH 00°14'33" EAST. A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89''48'50" WEST. A DISTANCE OF 54.14 FEET; THENCE NORTH 47°31'59" WEST, A DISTANCE OF 7.38 FEET; THENCE NORTH 89°48'50" EAST, A DISTANCE OF 59.60 FEET; THENCE SOUTH 00°14'33" WEST, A DISTANCE OF 5.00 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS. COVENANTS. RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 284 SQUARE FEET OR 0.007 ACRES MORE OR LESS. 1 0F2 <<A)> LEGAL DESCRIPTION APN 677<444-009 DIRNBERGER TEMPORARY CONSTRUCTION EASEMENT AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS P.L.S. 4989 DATED: 1CHARLES a HASna 2 OF 2 Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078843.1 EXHIBIT "8" TEMPORARY CONSTRUCTION EASEMENT APN 677-444-009 DIRNBERGER SEC, 17, T,4S.. R,5E., SBM JERRY DIRNBERGER PER DOC. # 2003-023271 REG. 01/13/2003, O.R. APN; 677-444-009 T.P.O.B. TOE AREATCE AREA-^ 284 SQ, FT. 0.007 AC. RAMON ROAD 0'40' SCALE 1''«40' 80* MAto DATED LINE DATA NO.BEARING LENGTH LI S 89*48*50" W 313.02' L2 N 00*14*33" E 55,00* L3 S 89*48*50" W 54,14* L4 N 4r31*59" W 7.38* L5 N 89*48'50" E 59.60* L6 S 00*14*33'* W 5.00' P.O.C. S. 1/4 OF- SEC. 17 /l\10' SCE ESMT. PER INST. 86307 REG. 5/07/1963, O.R. R/W PER INST. 194177 REG. 10/20/1980, O.R. TEMPORARY CONSTRUCTION EASEMENT PROJECT NAME: CITY PROJECT RAMON ROAD NO. 08-25 THIS PUT IS AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION".1963 MSA Consulting, Inc. Plannino " Crm Enginbbring Land Surveying SHEET 1 OF 1