HomeMy WebLinkAboutA7217 - THE JERRY H. DIRNBERGER LIVING TRUST TEMP CONSTR EASEMENT AGR/TEMP CONSTR EASEMENT TEMPORARY CONSTRUCTION EASEMENT AGREEMENT .
PROJECT: Ramon Road Widening Project
Federal Project No. BHLS-5282(040)
APN(s): 677-444-009
TEMPORARY CONJTRUCTION EASEMENT 8GREEMENT, (the. "Agreement"), is
hereby made this day of , 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", Jerry H. Dirnberger, or his ,
Successor, . as Trustee of The Jerry H Dirnberger Living Trust, U!A dated
December lb, 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=444-00% (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, fora 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 Jrom 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 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
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 ($4700.00), (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
charter city and municipal corporation Jerry H. Dirnberger, or his
Successor, as Trustee of The Jerry H
Dirnberger Living: Trust, UTA dated
` December 19, 2002
By:
\� David H. Ready, City er i ���
r B
ATTEST:-
Its:
By:
A ony Meji , ler By:
Its:
APPROVED AS TO FORM:
r
Edward Kotkin, City Attbrney
APPROVED BY CITY WAGER
Exhibit List
Exhibit A Legal Description of the Easement Area
Exhibit B -- Depiction of Easement Area
Temporary Construction Easement Agreement
Page 5of5
Exhibit"A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Exhibit"A"
EXHIBIT «Axy
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"4850" WEST, ALONG THE CENTERLINE OF SAID RAMON
ROAD A DISTANCE OF 313.02 FEET;
THENCE NORTH 00014'33" EAST, A DISTANCE OF 55.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 89048'50"WEST, A DISTANCE OF 54.14 FEET;
THENCE NORTH 47031-59" WEST, A DISTANCE OF 7.38 FEET;
THENCE NORTH 89048'50" EAST, A DISTANCE OF 59.60 FEET;
THENCE SOUTH 00014'33" 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 OF 2
LEGAL DESCRIPTION
APB! 677-444-009 DIRNBE RGER
TEMPORARY CONSTRUCTION EASEMENT
AS DEPICTED ON EXHIBIT "B"ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
LANo
A0,
' _. ..__. • - QHAfiLEB R.NA Is
CHARLES R.HARRIS, P.L.S. 49$9 * Na,4999 y
DATED:
20F2
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
r
Temporary Construction Easement Agreement
Exhibit"B"
EXHIBIT '? tp
TEMPORARY-.CONSTRUCTION EASEMENT
APN 677-444-009 DIRNBERGER
SEC. 17, T.4S., R.5E., SEIM �-
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0.007 AC.
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P.O.C.
DINE DATA S. 17aF I w
0' 40'. 80, NO. BEARING LENGTH 10
L1 S a9'49 50" W 313.02'
L2 N 00'14'33" E 55.00' U
SCALE 1"=40' L3 S 89'48'50" W 54.14'
L4 N 47'31'59" W 7,38
L5 N 89'48'50 E 59.60
Lq� I L5 IS OW14 33' W 5.00'
w
R. p 10' SCE ESMT. PER INSL
�] 86307 REC. 5/07/1983, O.R.
No. 4998 RfW PER INST. 194177
2 REC. 10/20/1980. O.R.
OF TEMPORARY CONSTRUCTION EASEMENT
DATED:'
E:f0lTEC NAME: RAMON ROAD MSA CONSULmm, INC.
TY PROJECT NO. 08-25 PLANNMG K CIVIL ENGINEERING
EDrETSCROPENDAT
IS AN AID IN LOCATING THE. PARCELSLAND SURVEYING
IN THE PRECEDING DOCUMENT. ALL PRIMARYE LOCATED IN THE WRITTEN DESCRIPTION". ,J-N. 1963 SHEET 1 OF 1
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of-the
individual wha signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF
) ss.
COUNTY OF
On `� -a before me, Notary
Public, personally appeared
who. proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf.of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my .a d nd official seal.
Signat Y\
My Commission.Expires: This 'area for official
notarial seal
WIELISSA R. INALONEY-MANN
C&M. #2205423 z
Notary Public•California o
z Riverside County
Comm.Ex Tres Jul 15,2021
Temporary Construction Easement Agreement
of Palm, _ ri
.ngs
Office of the City Clerk
3200 E.Tahgwtz Canyon Way • Palm Springs,.California 92262
Tel: 760.323.8204 Fax: 760.322.8332 TDD 760.864.9527 www.pahnspringsca.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 ol day of
® 2018, 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 r. A� day of (),4 , 2018.
FQALM S
� p��y
(J N
C
4ORAiEO
O,q</FOR�`P
.(---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, CA 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, UTA
dated December 19, 2002 (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 day ofaLL, 20
GRANTOR: Jerry H. DLerg"er.Irn or his Successor, as Trustee of The Jerry H
'Dirnberger Living Trust, UTA dated December 191, 2002
B �� 7 (��
. y� By:
Its:
Its:
1078843.1
ALL-PURPOSE ACKNOWLEbGMENT
A notary public or other officer completing
this certificate verifies only the identily'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 C L kp
County of �i�Z�Grtc;�A
On before me,
Elate Name,TIM of Officer
personally appeared P1AS ict, An Nnz' ,
NAME(S)OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their 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. MELISSA R.MALREY-MANN
COMM. #2205423 z
0 Notary.Public•California. c,
Riverside County
ignatu f Notary M Comm.Expires Jui 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 6774"-009 DIRNDEROER
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 NQ. 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 89048'50" WEST, ALONG THE CENTERLINE OF SAID RAMON
ROAD A DISTANCE OF 313.02 FEET;
THENCE NORTH 00014'33" 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 89048'50" EAST, A DISTANCE OF 59.60 FEET;
THENCE SOUTH 00014'33" 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 OF 2
EXH189T ."A"
LEGAL DESCRIPTION
A�'N 7'-444maa0'DIRN.BERGER
78MPORARY CONSTRUCTION EASEMENT
AS DEPICTED OW EXHIBIT"61"ATTACHED HERETO ANb MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF
. � LAND.
' GNAALE&R.HARRI9
CHARl.ES R. HARRIS P.L.S:-4989 ;*. No.-48H® :y
DATED: .
2 OF 2
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
1078843.1
EXHIBIT ", "
TEMPORARY CONSTRUCTION EASEMENT
APN 677-444-009 DIRNBERGER
SEC. 17, T.4S:, R:5E., SDM M
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jERRY DIRNBERGER w !Z 00
�_TPER DOC, #.2003-023271 a F- -00
tU I REC. 01/13/2003, O:R. f) o U-) '�
WAP 677-444-�009 _ U
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¢I y l 151
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TGE AREA TCE AREA
284 SQ. FT. ��
0,007 AC.
RAMON ROAD _ _ - L i
O
P.O.C. OC
LINE DATA SEC.
E �170F I J
0' 40' 8Q' NO, BEARING LENGTH
L1 S 89*48 50" W 313.02' O
L2 N I)0'14'33" E 55.00' U
SCALE 1"=40' 13 S 89'48'50" W 54.14'
L4 N 4P31'59" W 7.38
L5 lN. 89.4$'50 E 59.60
L6 IS 00'14 33" W 5.00'
R, 10' SCE ESMT. PER INST.
A 86307 REC. 5/07/1983. O.R.
No. 4989 R/W PER INST. 194177
cS 2 REC, 10/20/1980. O.R.
F
OF C
TEMPORARY CONSTRUCTION EASEMENT
DATED: :5 d -7
mob,PROJECT NAME: RAMON ROAD NASA CONStiTI�TIN+G, XNC.
CITY PROJECT NO. 08•-25 PLAMWO R CIM ENGINEERING
HIS PLAT IS AN AID IN LOCATING THE PARCELS `AND SURvpyjwe
DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY
CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N, 1963 SHEET 1 OF 1