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HomeMy WebLinkAbout9/6/2017 - STAFF REPORTS - 1.G. ;�F?p L M sA4 iy V N 4 f k^yC�' 09PTFD e �. A`'FOa ` City Council Staff Report Date: September 6, 2017 CONSENT CALENDAR Subject: APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR ASSESSOR'S PARCEL NUMBER (APN) 669-093-010 FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01- 11, FEDERAL AID PROJECT NO. BRLO 5282 (017) From: David H. Ready, City Manager Initiated by: Engineering Services Department SUMMARY The City has successfully completed the right-of-way acquisition process with Southern California Edison Company, a California Corporation, for the property identified by Assessor's Parcel Number (APN) 669-093-010 to obtain right-of-way, drainage easement, slope easement and temporary construction easement required for improvements associated with the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282 (017), (the "Project"). This action will approve and authorize the City Manager to enter into an agreement allowing for acquisition of right-of-way, drainage easement, slope easement, and temporary construction easement for the Project across APN 669-093-010. RECOMMENDATION: 1. Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and Escrow Instructions, Agreement (A ), in the amount of $24,500 with Southern California Edison Company, a California Corporation, for acquisition of 50 square feet of right-of-way, 8,378 square feet of slope easement, 400 square feet of drainage easement and rental for a period of 5 years of 7,236 square feet of a portion of the property identified as APN 669-093-010 to facilitate and accomplish the construction and installation of various street improvements associated with the Indian Canyon Drive Widening and Bridge Replacement @ UPRR undercrossing, City Project 01-11, Federal-Aid Project No. BRLO 5282 (017); and 2. Authorize the City Manager to execute all necessary documents, open escrow, and pay for associated escrow and title costs associated with the right-of-way acquisitions. ITEM NO. City Council Staff Report September 6, 2017 -- Page 2 Approval of SCE R/W Agreement, CP 01-11 STAFF ANALYSIS: After the City initiated the Indian Canyon Drive / Interstate 10 Interchange Project (1-10 Project') in 2000, the Public Works and Engineering Department ("Department') turned its attention to widening Indian Canyon Drive through the Whitewater River up to Garnet Avenue to correspond with the ultimate 6-lane roadway to be constructed from Garnet Avenue over Interstate 10 as part of the 1-10 Project. In pursuit of this goal, the Department applied for and obtained federal grants for widening Indian Canyon Drive, from the Union Pacific Railroad ("UPRR") bridge to Garnet Avenue, from 2 lanes to 6 lanes. The Department was initially successful in being awarded a federal grant of $4,286,000 from the Highway Bridge Program ("HBP"), administered through the California Department of Transportation ("Caltrans"). Subsequently, as the scope of the Project has changed from widening of the existing UPRR bridge to complete replacement of the UPRR bridge, and as the total cost of the Project has increased, the Department has successfully increased the total federal funding for the Project to $17.4 million. In May 2001 , the Department obtained approval from Caltrans to proceed with the preliminary engineering phase for this project. Subsequently, the City Council awarded a contract to Dokken Engineering on March 20, 2002, for professional environmental and engineering design services, and right-of-way acquisition services, for the Project. The Project extends through environmentally sensitive habitat occupied by certain protected species, and environmental analysis and approvals of the Project by resource agencies occurred concurrently as the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) was being developed and approved. Following final approvals of the CVMSHCP by the resource agencies in 2008, which lists the Project as a "Covered Project', the City obtained final environmental approvals for the Project from Caltrans and resources agencies in 2009. Following environmental approvals of the Project, Dokken Engineering has continued with the final design and right-of-way acquisition phases. The Project required the acquisition of rights-of-way from various parcels, as shown in Figure 1. GZ City Council Staff Report September 6, 2017-- Page 3 Approval of SCE RNV Agreement, CP 01-11 BO UTHERN PACIFIC M -O'O� `y; TRANSPORTATION COGIIT B ►ALO RMIMO ' a pE-WO 004 q ©� QyP4�! ROBERT W. MINER NO-p}MO 7 66E-080-002 BUREAU OF '.,, 80. CALIPORNA / LB 1 LA NO MANAGEMENT Q;O ® / OAO COMPART FOODEARER MC. �- / N0-070-0" ( OO O� ROBERTaW. OVER CTRTMIA O. FINERTT NE-OBP010 ' ROBERT W. NinaOs 0 ___ MOVIE 1 I O h� 06.-100-001 u'.PAC \, Ne1-Wx•Olx �Q GRANITE CONSTRUCTION r...A.P.i.�m.NcO ROBERT W. MINER - EYRW HTr RIONT-OP-WAY COMPANY wain.. O 5 —EXISTIING PARCEL LINES 2 Z - GOB-O LH ROBERT W W. MINER eav-oea-Glo LH ---OYTiPILI Lw[ JRPOt ROBERT W. MINER SOUTHERN CALIFORNIA l EOISON COMPANY W BRLO .a.I OHI.P..ACT LNITN l�O� -BTFLw m2 low PRoJecr LIMITS C, -BRLO Etle.011 P.O.ECT RNINT 01-WAY TARE APEA. _ERLO .xex IHII Y.OJECT .LOP.EAS..NT ..EA. -.RLO .E.a Imn PROMCT TCE AREA. CITY OF .TPLN STOP Imu RIGHT or WAY TAKE A.u. PALM SPRINGS ETPLN 1202 4011).LOPE EASMENT AREAS •TPLN 61I31018I TCE AREA. Figure 1 0 City Council Staff Report September 6, 2017 -- Page 4 Approval of SCE R/W Agreement, CP 01-11 At its Closed Session meeting of October 21, 2015, the City Council received a report from staff on the fair market value of the required rights-of-way for the Project, and directed staff to proceed with final negotiations and acquisition with the affected property owners. The City has completed negotiations with the owner of the property identified by APN 669-093-010 for acquisition of right-of-way, slope, drainage and temporary construction easement as shown in Figure 2. APN# 669-093-010; Southern California Edison Company LEGEND: -- EXISTING PARCEL APN 669-093-010 ----- EXISTING RIGHT-OF-WAY/ APN: 669-09 3-01 0 PROPERTY BOUNDARY PROPOSED RIGHT-OF-WAY/ OWNER: Southern California Edison Company PROPERTY BOUNDARY --_ PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED SLOPE EASEMENT • Right of Way: 50 Square Feet PROPOSED ROADWAY RIGHT-OF-WAY FEE • Slope Easement: 8,378 Square Feet ACOUISITIONAREA TEMPORARY CONSTRUCTION • Drainage Easement: 400 square feet EASEMENT AREA SLOPE EASEMENT AREA • Temporary Construction Easement: 7,263 Square Feet DRAINAGE EASEMENT AREA OW-1 . PROPOSED RAN_ -* --- EXISTINGRIW-�- --- -- PROPOSED DRAT E EASEMENT .� r'I PROPOSED SLOPE EASEMENT - * PROPOSED TCE 51 2' PROPOSED DRIVEWAY-- " l w t y JlP , PROPERTY BOUNDARY__ { Figure 2 City Council Staff Report September 6, 2017-- Page 5 Approval of SCE RNV Agreement, CP 01-11 Right-of-way negotiations have concluded for acquisition of the permanent right-of-way and temporary construction easement across the property identified by APN 669-093- 010, and an agreement is recommended for approval whereby the City will acquire 8,828 square feet of permanent right-of-way in the amount of $17,576, in the form of acquisition, slope, and drainage easements, and a temporary construction easement requiring 7,263 square feet of the property at a cost of $6,924 for completion of road, slope, and drainage improvements. The agreement to acquire the permanent right-of- way and temporary construction easement is included as Attachment 1 of this report. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). In accordance with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On November 4, 2009, the City Council adopted Resolution No. 22620, adopting and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on November 5, 2009, staff filed a Notice of Determination with the Riverside County Clerk and State Clearing House; a copy of the Notice of Determination is included as Attachment 2. The Project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation ("Caltrans"). As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act ("NEPA"). On September 24, 2009, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment ("EX) or Environmental Impact Statement ("EIS'), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion under Section 6005 of 23 U.S.C. 327. A copy of the NEPA Categorical Exclusion issued by Caltrans is included as Attachment 3. FISCAL IMPACT: The costs to acquire the required right-of-way, slope, drainage and temporary construction easement across the property identified by APN 669-093-010 for the Project is $24,500 plus associated escrow and title fees of approximately $5,000. Funding for the Project is made possible by the federal HBP grant which will cover 88.53% of all eligible project costs. Regional and local Measure A funds will pay for the 11.47% matching funds at a 75%/25% ratio. Sufficient funding is available for payment of $24,500 for the required permanent right-of-way and temporary construction easements from the following accounts: 05 City Council Staff Report September 6, 2017-- Page 6 Approval of SCE RIW Agreement, CP 01-11 Capital Project Fund: Account No. 261-4491-50196; $21 ,689.85 Regional Measure A: Account No.134-4497-50196; $2,107.61 Local Measure A: Account No.134-4498-50196; $702.54 Applicable escrow fees will be funded from these accounts accordingly. SUBMITTED Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S. City Engineer Assistant City Manager David H. Ready, Esq. City Manager Attachments: 1. Agreement 2. CEQA Notice of Determination 3. NEPA Categorical Exclusion 06 ATTACHMENT 1 07 Project: Indian Cyn. Drive Widening and Bridge Replacement @ UPRR Project No.: Federal Project No. BRLO 5282 (017), City Project No. 01-11 APN: 669-093-010 RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTERESTS AND ESCROW INSTRUCTIONS THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTERESTS AND ESCROW INSTRUCTIONS ("Agreement"), dated and entered into for solely for reference purposes as of , 2017, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("Buyer") and SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately Eight Thousand Eight Hundred Twenty-Eight (8,828) square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), which consists of portions of Assessor's Parcel No. 669-093-10, and is more particularly described on Exhibits A-1, A=2 and A-3, and shown on Exhibits B-1, B- 2 and B-3 attached hereto (the "Easement Area "). B. Seller is also the owner of certain real property comprised of approximately Seven Thousand Two Hundred Thirty-Six (7,236) square feet, located in the City, County and State, which is a portion of Assessor's Parcel No. 669-093-10, and is more particularly described on Exhibit C and shown on Exhibit D attached hereto (the "Temporary Easement Area"). C. Seller desires to convey to Buyer and Buyer desires to acquire from Seller an easement to the Easement Area and a temporary construction easement to the Temporary Easement Area, 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 (hereinafter collectively referred to as the "parties", or individually as a "party') 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, (a) a right-of-way 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 1 1236709.1 08 for public use, a drainage easement for drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property; and an easement and right-of-way for earth embankment slopes, together with the right to construct and maintain such slopes and embankments and facilities incidental thereto, over, under, along and across all that real property in the Easement Area as such area, scope and use is more particularly described in the Grant of Right of Way, Slope Easement, and Drainage Easement attached hereto as Exhibit E (the "Easement"), which Exhibits A-1, A-2 and A-3 and B-1, B-2 and B-3 attached hereto that define the Easement Area shall be made a part of and (b) a temporary construction easement on the Temporary Easement Area to facilitate and accomplish the construction and installation of various public street improvements associated with Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017) City Project No 01-11 attached as Exhibit F ("Temporary Construction Easement"). 1.2. Purchase Price. The purchase price ("Purchase Price") for the Easement and Temporary Construction Easement shall be Twenty-Four Thousand Five Hundred Dollars, which is comprised of Seventeen Thousand Five Hundred Seventy-Six Dollars and No Cents ($17,576) for the Easement and Six Thousand Nine Hundred Twenty- Four Dollars and No Cents ($6,924) for the Temporary Construction Easement. The Purchase Price shall be payable as cash at the Close of Escrow as defined and provided for herein. 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 Lawyers Title & Escrow, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully 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 part thereof and shall contain such other standard 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 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 usual fees, charges and costs incidental to the conveyance of the Easement and Close of Escrow that may arise in this Escrow, including, but not limited to, any costs for the Standard Coverage Policy (defined below) or if elected, an ALTA Extended Coverage Owner's Policy. 2.3. Closing Date; Conditions Precedent to Close of Escrow. Provided all of the conditions 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 December 1, 2017, (the "Closing Date"), unless extended by written agreement of both parties. As used in this Agreement, the "Close of Escrow" shall mean the date 2 1236709.1 09 is the Easement and the Temporary Construction Easement are recorded in the Official Records of the County. 2.3.1 Conditions of Buyer for Close of Escrow. The Close of Escrow and Buyer's obligation to purchase the Easement and Temporary Construction Easement 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) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; (b) No event or circumstance shall have occurred, which, in the sole opinion of Buyer, would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow, including, but not limited to, those warranties and representations of Seller set forth in Sections 3.4 and 4.1 of this Agreement; (c) There shall have occurred no material adverse change in the physical condition of the Easement Area (such as those caused by natural disasters), which, in the sole opinion of Buyer, would render the Easement Area unsuitable for Buyer's intended use, materially increase the cost, or cause a material delay in the schedule for the development of the Easement Area; (d) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Easement Area, subject only to the Permitted Exceptions. (e) Seller shall have executed and submitted to Escrow Holder the Affidavit of Non-Foreign Status By Transferor (Exhibit G). (f) Seller shall have caused any lien or charge of any deed of trust that encumbers the Easement Area to be subordinated to the rights of Buyer under the terms of the Easement.] 2.3.2 Conditions of Seller for Close of Escrow. The Close of Escrow and Seller's obligation to sell and convey the Easement and the Temporary Construction Easement 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 adjusted in accordance with this Agreement and a closing statement duly executed by Buyer setting forth the Purchase Price and any adjustments thereto; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; 3 1236709.1 JL (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 including, but not limited to, those warranties and representations of Buyer set forth in Section 4.2 of this Agreement; and (d) The California Public Utilities Commission ("CPUC") shall have authorized Seller's granting of the Easement and the Temporary Construction Easement in accordance with Public Utilities Code Section 851. 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 reasonably capable of being satisfied following the Close of Escrow without substantial cost, taking into account the Purchase Price, 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. The parties agree that the CPUC's approval required in Section 2.3.2(d) of this Agreement cannot be waived. 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; (b) A Certificate of Acceptance for the Easement executed by the City Clerk of the City of Palm Springs (See, Exhibit C); and (c) A Certificate of Acceptance for the Temporary Construction Easement executed by the City Clerk of the City of Palm Springs. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Easement, duly executed by Seller and in recordable form; (b) The Temporary Construction Easement, duly executed by Seller and in recordable form; (c) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit G 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 4 12367WJ 1 (d) 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 grant of the Easement 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 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 Easement 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 in the following order: (i) record the Easement and the Temporary Construction Easement and Certificates of Acceptance in the Office of the County Recorder of the County; (ii) pay any transfer taxes; (iii) instruct the County Recorder to return the original Easement and Temporary Construction Easement to Buyer; (iv) distribute to Seller the Purchase Price; (v) deliver to Buyer the Title Policy covering the Easement Area subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status, and the applicable California withholding exemption form, if any; and (vi) delivery to Seller copies of the recorded Easement and Temporary Construction Easement, as well as copies of all other closing documents. 2.5.3 Real Estate Taxes. Seller shall pay real property taxes at the Close of Escrow, paid through Escrow proceeds, based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to the period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. Seller may seek reimbursement from the Riverside County Tax Assessor's office for any property taxes that have been assessed for a period after the Close of Escrow as Buyer is a public agency exempt from payment of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary information to the Assessor's office in connection with such request for refund. 5 1236709.1 "� 2.6. Failure to Close; Termination. 2.6.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 (and its subdivisions) is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within ten (10) business days after the Opening of Escrow, Lawyers Title & Escrow (the "Title Company") will furnish Buyer with an updated Title Commitment on the Easement Area together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Easement Area 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 exceptions and other matters disclosed in the Title Commitment. All title exceptions not timely approved by Buyer will be deemed disapproved. All such exceptions and other matters disapproved by Buyer are referred to herein as "Disapproved Exceptions". It shall be the sole responsibility of Buyer to work with the Title Company to remove any Disapproved Exceptions, and if unsuccessful shall either purchase the Easement subject to the Disapproved Exceptions, or may then terminate the Agreement upon written notice to Seller. 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 Easement Area 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". 6 1236709.1 3 y 3.3. Seller's Covenant Not to Further Encumber the Easement Area. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Easement Area, 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 Easement Area from time 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. 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 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 Seller, and upon delivery to and execution by Buyer, shall be a valid and binding agreement of Seller. 4.1.2 Leases. There are no leases, rental agreements, or other such contracts of any kind or nature affecting possession or occupancy of the Easement Area, and Seller shall not enter into any such contracts during the terms of this Agreement without the prior consent of Buyer. 4.1.3 No Untrue Statements or Omissions of Fact. 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 Seller which would make any of the representations or warranties in this Agreement 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. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties 7 , 1336709A .i 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 representations and warranties contained in this Agreement. 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 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 and the City further agrees to indemnify and hold harmless Grantor from any liability arising out of City's operations under this Agreement and agrees to assume responsibility for any damages proximately caused by reason of City's operations under this Agreement and City will, at its option, either repair or pay for such damage. 5. 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 Easement 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 agree to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may 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 8 1236709.1 .w parties. All exhibits to which reference is made in this Agreement are deemed incorporated in 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 and Construction. 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. There shall be no presumption in the interpretation of this Agreement that any ambiguity is to be resolved against any party hereto. The parties waive expressly each and all provisions of California Civil Code Section 1654, which provides: "IN CASES OF UNCERTAINTY NOT REMOVED BY THE PRECEDING RULES, THE LANGUAGE OF A CONTRACT SHOULD BE INTERPRETED MOST STRONGLY AGAINST THE PARTY WHO CAUSED THE UNCERTAINTY TO EXIST." 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 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 9 1236709.1 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 under this Agreement, for injunctive relief, for an alleged breach or default of, or any 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 reasonable 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 prior written 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 as follows: If to Buyer, to: City Manager& City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone No.: (760) 323-8332 With a copy to: City Attorney c/o Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Telephone No.: (714) 558-7000 If to Seller, to: Southern California Edison Company 2 Innovation Way Pomona, CA 91768 Attention: Jay Glasser, Real Properties Telephone No.: f 1 If to Escrow Holder, to: Kimberly Rogers Lawyers Title & Escrow 777 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone No.: (760) 327-6523 10 1236709.1 i 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 third business day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the fifth business 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. The addresses and addressees 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 and addressee 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. 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 Right of Way and Slope Easement, 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 Easement and Temporary Purchase Price is the Purchase Price, which consideration covers the easement use of the Easement Area and the Temporary Easement Area and is the full and complete acquisition cost of the Easement and Temporary Construction Easement. Buyer shall have no obligation to Seller under the California Relocation Assistance and Real Property Acquisition statutes and guidelines. Except for any breach of terms or conditions contained in this Agreement, the Easement and the Temporary Construction Easement, 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 Easement. 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." 7.15 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council and the CPUC. If this Agreement remains unapproved by the Buyer's City Council and the CPUC, then the parties will have no further obligation under this Agreement. If Buyer's City Council or the CPUC approves this Agreement within less than thirty (30) days of the Closing Date set forth herein, the parties agree to extend the Closing Date for an additional thirty (30) days. [SIGNATURE PAGE FOLLOWS] 11 1236709.1 i IN WITNESS WHEREOF, the parties have executed this Agreement, which shall only become effective as of the day and year the last of the parties set forth below signs this Agreement. BUYER SELLER CITY OF PALM SPRINGS, a California Southern California Edison Company, a charter city and municipal corporation California corporation David H. Ready By: City Manager Dated: Attest: James Thompson City Clerk Dated: Approved as to form by: WOODRUFF, SPRADLIN & SMART Douglas C. Holland, Esq. City Attorney Dated: 12 J. 1236709.1 Exhibit List Exhibit A-1 -- Legal Description of the Right-of-Way Exhibit A-2 -- Legal Description of the Slope Easement Exhibit A-3 -- Legal Description of the Drainage Easement Exhibit B-1 -- Depiction of the Right-of-Way Exhibit B-2 -- Depiction of the Slope Easement Exhibit B-3 -- Depiction of Drainage Easement Exhibit C --Legal Description of the Temporary Construction Easement Exhibit D -- Depiction of the Temporary Construction Easement Exhibit E -- Form of the Easement Exhibit F -- Form of the Temporary Construction Easement Exhibit G -- Affidavit of Non-foreign Taxpayer Status 13 1236709.1 L l! ACCEPTANCE BY ESCROW HOLDER: LAWYERS TITLE & ESCROW hereby acknowledges that it has received a fully executed counterpart of the foregoing Right-of-Way 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. Date: LAWYERS TITLE & ESCROW (Opening of Escrow) By: Name: Its: 1236709.1 21 Exhibit "A-1", "A-2", and "A-3" LEGAL DESCRIPTION OF THE EASEMENT AREA r 1236709.1 2 2 EXHIBIT "A-1" RIGHT-OF-WAY EASEMENT APN 669-093-010 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE- SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL `A', BEING A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, THENCE ALONG SAID PARALLEL LINE SOUTH 00019'24" WEST 158.57 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID PARALLEL SOUTH 89040'50" EAST 1.00 FEET; 2. THENCE SOUTH 00019'24" WEST 50.20 FEET; 3. THENCE NORTH 89040'50" WEST 1.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 50.20 FEET TO THE TRUE POINT OF BEGINNING. AREA= 50 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. �,nA. No SIGNATURE 11-30-2015 o tom MICHAEL A. HAVENER DATE PLS 7354 No. 7354 dl If CALk Page 1 of 1 „ w � EXHIBIT "A-2" SLOPE EASEMENT APN 669-093-010 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE- SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL `A', SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHERLY LINE NORTH 88050'44" EAST 15.00 FEET; 2. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00019'24" WEST 362.11 FEET; 3. THENCE SOUTH 89040'50" EAST 5.00 FEET; 4. THENCE SOUTH 00019'24" WEST 149.72 FEET TO THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED FROM DAVID MARGOLIUS AND BEULAH E. MARGOLIUS, HUSBAND AND WIFE, TO CALIFORNIA ELECTRIC POWER COMPANY, A CORPORATION, BY DEED RECORDED JUNE 21, 1957 IN BOOK 2107 PAGE 356 OF OFFICIAL RECORDS; 5. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88051'40" WEST 20.01 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE; 6. THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 303.19 FEET; 7. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'50" EAST 1.00 FEET; 8. THENCE NORTH 00019'24" EAST 50.20 FEET; 9. THENCE NORTH 89040'50"WEST 1.00 FEET TO SAID PARALLEL LINE; 10. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 158.57 FEET TO THE TRUE POINT OF BEGINNING. AREA = 8,378 SQUARE FEET, MORE OR LESS Page 1 of 2 24 EXHIBIT "A-2" SLOPE EASEMENT APN 669-093-010 SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. u�a�PO y AA. NDH SIGNATURE 5-12-2016 -4 o� MICHAEL A. HAVENER DATE PLS 7354 No. 7354 Page 2 of 2 n L EXHIBIT "A-3" DRAINAGE EASEMENT APN 669-093-010 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE- SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00019'24" WEST 403.20 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID PARALLEL LINE SOUTH 89040'36" EAST 20.00 FEET; 2. THENCE SOUTH 00019'24"WEST 20.00 FEET; 3. THENCE NORTH 89040'36"WEST 20.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 400 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. lAA. NO SUR`c" J SIGNATURE 5-12-2016 MICHAEL A. HAVENER DATE * No. 7354 PLS 7354 q OF CA0' Page 1 of 1 u Exhibit "113-1", "B-2", and "B-3" DEPICTION OF THE EASEMENT AREA ry 1236709.1 2 EXHIBIT " B_l " PART, ire' (CERT. OF COMPLIANCE COC 11-01 N n REC. 2/28/12 AS DOC. NO. IN88'50'44" E C142012-0086272 O.R.) U U 50.02' �N LEGEN ® RIGHT-OF-WAY EASEMENT AREA = 50 SQ. FT., MORE OR LESS N N ,prp Z�7 1 T.P.O.B. TRUE POINT OF BEGINNING w o E3 I �� P.O.C. POINT OF COMMENCEMENT Ld a 50' E1 POLE LINE EASEMENT IN FAVOR OF CALIFORNIA ELECTRIC POWER CO. REC. 1/18/1949 IN BK. 1045, PG. 186 O.R. NO WIDTH GIVEN. a M E4 tt� E5 E2 POLE LINE EASEMENT IN FAVOR OF NEVADA- Q CO I E1 I `., CDCALIFORNIA ELECTRIC CORP. REC. 2/26/1938 z l J �� S IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 'ZIE2 IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943 IN BK. 596, PG. 515 O.R. E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN Z w / tt� %!7 z CALIFORNIA GAS CO. AND SOUTHERN COUNTIES Q ��� �r7 S� GAS CO. OF CALIFORNIA REC. 2/10/1948 IN >- N C o, � � BK. 888, PG. 496 O.R. AMENDED 7/20/1978 Z r AS INST. NO. 151067 O.R. Q S I - �co U Iz I Wa)rn E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA CL WATER AND TELEPHONE CO. REC. 3/20/1959 IN z�°m BK. 2436, PG. 105 O.R. Z g to o E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN 0 ��Y CALIFORNIA GAS CO. AND SOUTHERN COUNTIES Z I J w m GAS CO. OF CALIFORNIA REC. 12/15/1952 AS — o z INST. NO. 53240 IN BK. 1424, PG. 279 O.R. AMENDED 7/20/1978 AS INST. NO. 151067 O.R. SEE SHEET 2 FOR NON-PLOTTABLE EASEMENTS ,0 LAND SU MULTIPLY DISTANCE BY 1.00002570 A. ygFGF� TO OBTAIN GROUND DISTANCES P.O.C. v :' c�0 � W INT. OF THE CENTER LINE rl'00 OF INDIAN CANYON DR. f Un o (INDIAN AVE.) AND SOUTHERN * No. 7354 0 50 100 200 cm PACIFIC RAILROAD AS SHOWN P ON ROS 18/2 sT9� z CAI�F )f OF / SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE = 100' DRAWN BY: KA DATE:5-7-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:11-30-15 APN 669-093-010 APPROVED BY: DATE: SOUTHERN CALIFORNIA EDISON COMPANY DWG. No. C, EXHIBIT "B-1 " 3� LEGEND N Lo E2 rn � RIGHT-OF-WAY EASEMENT (R/W) o AREA = 50 SQ. FT., MORE OR LESS N ( S 89'40'50 EE `\ 1.00' T.P.O.B. TRUE POINT OF BEGINNING E2 POLE LINE EASEMENT IN FAVOR OF NEVADA- T.P.O.B. R/W CALIFORNIA ELECTRIC CORP. REC. 2/26/1938 IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943 IN BK. 596, PG. 515 O.R. a NON-PLOTTABLE EASEMENTS AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF N N ttl THE UNITED STATES OF AMERICA REC. 6/14/1954 cl� o o IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE. � �' �� o t'� o Z 7 � CD C CD Z ttl Eft co Ico Q cr U W 3 7 c� z LL- , N N 01 CD l� O O Q O z Z fn � 1 t N 89'40'50* W 1.00' MULTIPLY DISTANCE BY 1.00002570 DETAIL 'A' TO OBTAIN GROUND DISTANCES 0 5 10 20 SHEET 2 OF 2 SHEETS REVISED 8Y: DATE: CITY QF PALM SPRINGS SCALE = 10' DRAWN BY: KA DATE:5-7-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:11-30-15 APN 669-093-010 APPROVED BY: DATE: SOUTHERN CALIFORNIA EDISON COMPANY DWG. No. z9 EXHIBIT " B =2 " PA fr--)I, )A) (CERT. OF COMPLIANCE COC 11-01 N N REC. 2/28/12 AS DOC. NO. N 88'50'44" E 2012-0086272 O.R.) N �N 88* 01 50.02' 8'S0'44" E LE END / (� T.P.O.B. SLOPE EASEMENT (SLOPE) SLOPE N w AREA = 8,378 SQ. FT., MORE OR LESS J �_ E2 ww ��i E1E3 T.P.0.8. TRUE POINT OF BEGINNING w N ro o •• f- — -L����'_� � a P.O.C. POINT OF COMMENCEMENT V' z C14_ E1 POLE LINE EASEMENT IN FAVOR OF CALIFORNIA 171 (� M E5 ELECTRIC POWER CO. REC. 1/18/1949 IN BK. 1045, PG. 186 O.R. NO WIDTH GIVEN. ¢ rn E4 LLl a 3 E2 POLE LINE EASEMENT IN FAVOR OF NEVADA- _ o z CALIFORNIA ELECTRIC CORP. REC. 2/26/1938 \ �`11� IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 50' r LC o IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943 :I o ` ' IN BK. 596, PG. 515 O.R. co b L� Z Ll Gt7co CC E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN Q N ::; o co / I �t>7 S7 CALIFORNIA GAS CO. AND SOUTHERN COUNTIES 0 GAS CO. OF CALIFORNIA REC. 2/10/1948 IN Z r " "' BK. 888, PG. 496 O.R. AMENDED 7/20/1978 Q o I rl AS INST. N0. 151067 O.R. U z w f CL E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA N z�n WATER AND TELEPHONE CO. REC. 3/20/1959 IN Z r N BK. 2436, PG. 105 O.R. Q ^ `�' _ O i rn w w N E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN I L Y CALIFORNIA GAS CO. AND SOUTHERN COUNTIES z "' n o z GAS CO. OF CALIFORNIA REC. 12/15/1952 AS INST, NO. 53240 IN BK. 1424, PG. 279 O.R. AMENDED 7/20/1978 AS INST. NO. 151067 O.R. S 88'51'40" W SEE SHEET 2 FOR NON-PLOTTABLE EASEMENTS € 20.01' MULTIPLY , A. yq`�LFO TO OBTAIN DI STANCE BY 570 GROUND DISTANCES ES y�A w / 1 r\ao P.O.C. INT. OF THE CENTER LINE hNo. 7354 0 50 100 200 IM P o OF INDIAN CANYON DR. (INDIAN AVE.) AND SOUTHERN PACIFIC RAILROAD AS SHOWN TF OF CA1 � �/( ON ROS 18/2 �/ , ,I SHEET 1 OF 2 SHEETS REVSED BY: DATE: CI CITY OF PALM SPRINGS SCALE 1" = 100' DRAWN BY: KA DATE:5-7-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:5-12-16 APN 669-093-010 DWG. N0. APPROVED BY: DATE: SOUTHERN CALIFORNIA EDISON COMPANY EXHIBIT " B=2" I rr`/�'rrN 1^' 7r.� N ^ .. r ... .. o ...'.'..'.':.' . SLOPE EASEMENT (SLOPE) ;; ;;;.; ; AREA = 8,378 SQ. FT., MORE OR LESS z N 89'40'50 W ..1.00...... E2 POLE LINE EASEMENT IN FAVOR OF NEVADA- CALIFORNIA ELECTRIC CORP. REC. 2/26/1938 • • IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943 ; IN BK. 596, PG. 515 O.R. ..... 4 k.:... NON-PLOTTABLE EASEMENTS z a AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF z �'.':"' .. "..'."..':"' THE UNITED STATES OF AMERICA REC. 6/14/1954 IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE. v CD, L.Ll o k.. . �. L� c'c.:z Ltl 2T) .. ETD N•. Q I r.............. o.;'.'::::.':'.:'.':.. (.?.... . .. ............ ^S 89040'50" w 1.00. ... .......... MULTIPLY DISTANCE BY 1.00002570 ' •••••• N TO OBTAIN GROUND DISTANCES DETAIL 'A' o M o ............... . {{.... 0 5 10 20 Z '.'::.':.':1:.. . Tv SHEET 2 OF 2 SHEETS REVISED BY: DATE: CI CITY OF PALM SPRINGS SCALE1" = 10' DRAWN BY: KA DATE:5-7-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:5-12-16 APN 669-093-010 APPROVED BY: DATE: SOUTHERN CALIFORNIA EDISON COMPANY DWG. N0. 3.1 EXHIBIT „B_3v' �r�rl, 'r-\' (CERT. OF COMPLIANCE COC 11-01 N N REC. 2/28/12 AS DOC. NO. II FFN N 88'50 2012-0086272 O.R.) `44" E U U` 50.02' ® DRAINAGE EASEMENT (DRAIN) / AREA = 400 SQ. FT., MORE OR LESS T.P.O.B. TRUE POINT OF BEGINNING Or E2 Ztj 17 E1 P.O.C. POINT OF COMMENCEMENT a 50 E3 E1 POLE E IN FAVOR OF ELECTRIC POWER COT CALIFORNIA REC. 1/8/949 N BK. o N ---- ��� 1045, PG. 186 O.R. NO WIDTH GIVEN. c-+J E2 POLE LINE EASEMENT IN FAVOR OF NEVADA— `li E5 rn CALIFORNIA ELECTRIC CORP. REC. 2/26/1938 Clpli E4_ tL� IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 to IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943 IN BK. 596, PG. 515 O.R. O Cl N I a T alE3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN Z Icn CALIFORNIA GAS CO. AND SOUTHERN COUNTIES Q cm GAS CO. OF CALIFORNIA REC. 2/10/1948 IN U to BK. 888, PG. 496 O.R. AMENDED 7/20/1978 a AS INST. NO. 151067 O.R. ¢ w L E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA N WATER AND TELEPHONE CO. REC. 3/20/1959 IN z r- S 89'40 36 E BK. 2436, PG. 105 O.R. — o 20.00' E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN Z S 0019'24" W T.P.O.B. �20.00' CALIFORNIA GAS CO. AND SOUTHERN COUNTIES 20.00' GAS CO. OF CALIFORNIA REC. 12/15/1952 AS DRAIN ow INST. N0. 53240 IN BK. 1424, PG. 279 O.R. dR N 89'40 36 W AMENDED 7/20/1978 AS INST. NO. 151067 O.R. a, T O O NON-PLOTTABLE EASEMENTS Z AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF THE UNITED STATES OF AMERICA REC. 6/14/1954 7 IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE. S'LY LINE LAND PER DEED REC. 6/21/1957 EO IANO SV IN BK. 2107, PG. 356 O.R. MULTIPLY DISTANCE BY 1.00002570 A• Nq`RLF� TO OBTAIN GROUND DISTANCES �0a w 00 P.O.C. 0 50 100 200 �rn INT. OF THE CENTER LINE No. 7354 M r OF INDIAN CANYON DR. kp I' 0o (INDIAN AVE.) AND SOUTHERN � Z�� \ PACIFIC RAILROAD AS SHOWN 9 OF CAQ� 1r ON ROS 18/2 SHEET 1 OF 1 SHEETS CITY OF PALM SPRINGS SCALE = 100 REVISED BY: DATE: " DRAWN BY: KA DATE:5-7-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:5-12-16 APN 669-093-010 DWG. N0. APPROVED BY: DATE: SOUTHERN CALIFORNIA EDISON COMPANY *� 7 G EXHIBIT C LEGAL DESCRIPTION OF THE TEMPORARY EASEMENT AREA 1236709.1 33 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-010 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE- SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL `A' OF CERTIFICATE OF COMPLIANCE NO. COC 11-01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION AND CONTINUING ALONG SAID SOUTHERLY LINE NORTH 88050'44" EAST 65.02 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 88050'44" EAST 14.00 FEET; 2. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00019'24" WEST 348.47 FEET; 3. THENCE SOUTH 89040'50" EAST 5.00 FEET; 4. THENCE SOUTH 00019'24" WEST 163.36 FEET TO THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED FROM DAVID MARGOLIUS AND BEULAH E. MARGOLIUS, HUSBAND AND WIFE, TO CALIFORNIA ELECTRIC POWER COMPANY, A CORPORATION, BY DEED RECORDED JUNE 21, 1957 IN BOOK 2107 PAGE 356 OF OFFICIAL RECORDS; 5. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88051'40"WEST 14.00 FEET; 6. THENCE LEAVING SAID SOUTHERLY LINE NORTH 00019'24" EAST 149.72 FEET; 7. THENCE NORTH 89040'50"WEST 5.00 FEET; 8. THENCE NORTH 00019'24" EAST 362.11 FEET TO THE TRUE POINT OF BEGINNING. AREA = 7,236 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. Page 1 of 2 34 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-010 Gry v2 ;-AND AH D'�L SIGNATURE 5-12-2016 F�0 MICHAEL A. HAVENER DATE PLS 7354 No. 7354 OF GA0 Page 2 of 2 35 EXHIBIT D DEPICTION OF TEMPORARY EASEMENT AREA 1236709.1 36 EXHIBIT " B " pr\rLI ,E (CERT. OF COMPLIANCE COC 11-01 N N REC. 2/28/12 AS DOC. NO. N 88'50'44• E 2012-0086272 O.R.) E N 65.02' ,Uw„N N *880 TEMPORARY CONSTRUCTION EASEMENT (TCE) — �N 88'S0 44 E AREA = 7,236 SO. FT., MORE OR LESS f T.P.O.B. TRUE POINT OF BEGINNING T.P.O.B. E2 Zf7 1 E1 P.O.C. POINT Of COMMENCEMENT TCE �F3 —50rl E1 POLE LINE EASEMENT IN FAVOR OF CALIFORNIA , �� ELECTRIC POWER CO. REC. 1/18/1949 IN BK. ro _ 1045, PG. 186 O.R. NO WIDTH GIVEN. a N E5 E2 POLE LINE EASEMENT IN FAVOR OF NEVADA- 3 CALIFORNIA ELECTRIC CORP. REC. 2/26/1938 c m E4 IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 w N LLB IN BK. 601, PG. 66 O.R. AND REC. 10/8/1943 rn IN BK. 596, PG. 515 O.R. � or w E3 PIPELINE EASEMENT IN FAVOR OF SOUTHERN 8 o o �� CALIFORNIA GAS CO. AND SOUTHERN COUNTIES Z 3 z GAS CO. OF CALIFORNIA REC. 2/10/1948 IN O BK. 888, PG. 496 O.R. AMENDED 7/20/1978 i° Ln /, � L 1 �7 to " AS INST. NO. 151067 O.R. Z L� / iJ7 a co 0 1 ,/� E4 UTILITY EASEMENT IN FAVOR OF THE CALIFORNIA O I w z ui 1 �� a WATER AND TELEPHONE CO. REC. 3/20/1959 IN BK. 2436, PG. 105 O.R. Z N 3 rn w E5 PIPELINE EASEMENT IN FAVOR OF SOUTHERN o N n `M° CALIFORNIA GAS CO. AND SOUTHERN COUNTIES Z Z r of cn � r rn GAS CO. OF CALIFORNIA REC. 12/15/1952 AS INST. NO. 53240 IN BK. 1424, PG. 279 O.R. Z cn AMENDED 7/20/1978 AS INST. NO. 151067 O.R. NON-PLOTTABLE EASEMENTS AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF �14.00' THE UNITED STATES OF AMERICA REC. 6/14/1954 S 88'51'40° W 7 IN BK. 1598 PG. 1 O.R. DOCUMENT IS ILLEGIBLE. S'LY LINE LAND PER DEED REC. 6/21/1957 LAND Sv MULTIPLY DISTANCE BY 1.00002570 IN BK. 2107, PG. 356 O.R. G�e��PFL A. ITO OBTAIN GROUND DISTANCES 0 w P.O.C. �I No. 7354 NT. OF THE CENTER LINE 0 50 100 200 I^ $ OF INDIAN CANYON DR. * (INDIAN AVE.) AND SOUTHERN PACIFIC RAILROAD AS SHOWN qTF OF CALF �/� ON ROS 18/2 SHEET 1 OF 1 SHEETS CITY OF PALM SPRINGS = 100 REVISED BY: DATE: SCALE„ DRAWN BY: KA DATE:5-7-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:5-12-16 APN 669-093-010 DWG. N0. APPROVED BY: DATE: SOUTHERN CALIFORNIA EDISON COMPANY 37 EXHIBIT E FORM OF EASEMENT 1236709.1 38 EXHIBIT "E" RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91763 TITLE & VALUATION SPACE ABOVE THIS LINE FOR RECORDER'S USE Easement DOCUMENTARY TRANSFER TAX$ Serial 71407A Location: City of Palm Springs Service order 801475868 APN: 669-093-010 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED RP File No.:GRT203320517 OR COMPUTED ON FULL VALUE LESS LIENS APPROVED Affects SCE DOGUment(s): AND ENCUMBRANCES REMAINING AT TIME OF SALE REAL PROPERTIES 24130 and 253682 SO.CALIF.EDISON CO. DEPARTMENT SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY GS DATE 12/22/16 GRANT OF RIGHT OF WAY, SLOPE EASEMENT, AND DRAINAGE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to the CITY OF PALM SPRINGS, hereinafter called "Grantee", an easement for road right of way, slope and drainage purposes ("Easement"), in, on, under, over, along and across that certain real property in the City of Palm Springs, County of Riverside, State of California, describe as follows: Said road, slope and drainage easements are more particularly described on the Exhibit A-1, A-2, and A-3, and more particularly depicted on the Exhibit B-1, B-2 and B-3, both attached hereto and by this reference made a part hereof(collectively, the "Easement Area"). SUBJECT TO any recorded covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, affecting the above described real property or any portion thereof. The forgoing grant is made subject to the following terms and conditions: 1. The Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real 1236668.1 7 EXHIBIT "E" property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. Grantor reserves for Grantor and Grantor's successors and assigns, the right to install on the Easement Area for street and utility purposes, slope and drainage purposes (1) a new underground electrical conduit getaway, (2) roads and driveways and (3) fences and walls. The reservation and exercise of these rights by Grantor, or any other person, shall I be subordinate to and shall not unreasonably interfere with Grantee's use of the Easement. 2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement. Grantor shall provide Grantee reasonable advance written notice of any non- emergency work within or about the Easement Area that may interfere or endanger any improvements made by Grantee within the Easement Area. 3. The Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, and operation, of any electric transmission, distribution or communication lines, pipelines or other conduits. 4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor. 5. Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and/or construction of currently existing electric transmission, distribution and communication lines and supporting structure, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement. 6. Grantee agrees that in the exercise of its rights hereunder, its contractor, employees and other agents will maintain a minimum clearance of fifteen (15.00) feet between their equipment and any and all overhead electric conductors. 1236668.1 40 EXHIBIT "E" 7. Grantor shall have unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times. 8. Grantor reserves for itself the right to trim tree or trees which may grow in or on the Easement Area and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger. 9. The Easement Area is to be used only for the purposes specified herein and in the event: a. said real property is not so used; or b. said real property shall be vacated as a street, slope and drainage right of way; or C. the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the Easement Area. 10.Upon any purported termination or reversion of the rights as set forth in Paragraph 9 herein, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given, or within the same period object to and explain why such reversion and termination of the Easement has not occurred. Should Grantee fail to object or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure to object or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or revision of the rights herein given. 11.As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement or other work or improvement are hereinafter sometimes collectively call "Improvement') shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse 1236668.1 41 EXHIBIT "E" Grantor and it shall be a binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor. 12.Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the Easement Area at its own expense. 13.Grantee hereby recognizes Grantor's title and interest in and to the Easement Area and agrees never to assail or resist Grantor's title or interest therein. 14.Any earth fill placed by Grantee within the boundaries of the Easement Area shall have a relative compaction density of ninety percent (90) %. 15.Grantee agrees that all construction equipment, when not in use, shall be parked clear of the Easement Area and/or rendered immobile. 16.Grantee agrees to provide twenty (20) —foot wide commercial type driveway(s) with curb depression(s) capable of supporting forty (40) tons on a three axle truck at (such/a) location specified by the Grantor. 17.Grantee agrees to maintain the Easement Area. 18.Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than 36" inches below the surface of the ground, shall be capable of supporting three-axle vehicles up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used. 19.Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible. 20.Any pipeline shall be constructed to withstand a pressure equal to a least one hundred fifty percent (150%) of its maximum operating pressure. 21.Grantee agrees that all fencing and metallic structures installed within the Easement Area shall be adequately grounded. 22.Any trees or plants within the Easement Area maintained by the Grantee shall not exceed a height of fifteen (15) feet. 1236668.1 42 EXHIBIT "E" 23.Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described real property, so as to prevent dust contamination of Grantor's facilities. IN WITNESS WHEREOF, the parties caused this instrument to be executed this day of , 20_. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By: Right of Way Agent Land Management Division Real Properties Department {CERTIFICATE OF ACCEPTANCE BY CITY FOLLOWS} 1236668.1 43 EXHIBIT "E" CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), by the Grant of Of Right Of Way, Slope Easement, And Drainage Easement dated , 2017, from Southern California Edison, a corporation, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the City pursuant to authority conferred by the City's governing body and City, as Grantee, and Grantee, consents to recordation thereof by its duly authorized officer. Dated: By: David H. Ready, City Manager 1236668.1 44 EXHIBIT F FORM OF TEMPORARY CONSTRUCTION EASEMENT 1236709.1 45 EXHIBIT "F" RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2NO FLOOR POMONA,CA 91763 TITLE&VALUATION SPACE ABOVE THIS LINE FOR RECORDER'S USE Location: DOCUMENTARY TRANSFER TAX$ Serial No. Service Order A.P.N: 669-093-010 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Approved RP FILE NO. OR COMPUTED ON FULL VALUE LESS LIENS AND Real Properties SCE Doc No. ENCUMBRANCES REMAINING AT TIME OF SALE Department SCE Company. SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name BY_DATE GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter referred to as "GRANTOR," does hereby grant to City of Palm Springs, a public agency, hereinafter referred to as "GRANTEE," a temporary, non-exclusive easement for construction-related purposes ("Temporary Construction Easement") in, over, under and across those portions of real property located in the County of Riverside, State of California, and more particularly identified as follows: Those parcels legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the "Easement Areas"). 1. Use of the Easement Areas. Use of the Easement Areas, and exercise of the easement rights herein granted are limited to: a. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easement Areas for purposes of the construction of GRANTEE's road, slope and drainage improvements on adjacent property. b. The right to store, maintain and operate on the Easement Areas such equipment, tools, machinery, inventory, implements and other materials as are necessary or convenient in connection with the construction of GRANTEE's road, slope and drainage improvements on adjacent property. 2. Term of Temporary Construction Easement. The Temporary Construction Easement shall commence on the Effective Date hereof (as defined below) and shall automatically terminate and expire upon (i) the date construction of the road, slope and drainage improvements are completed or (ii) the fifth (5th) anniversary of the Effective Date, whichever date shall first occur (the "Term"), Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement shall automatically terminate and be of no further force and effect. 3. Use of Gates; Removal of Materials Impeding the Easement. GRANTEE shall have the right to use gates in all of GRANTOR's fences which presently or hereafter cross the Easement Areas, 1236671.1 46 EXHIBIT "F" Temporary Construction Easement to S. C. E. Co., a corp. Serial No. RP File: and to remove, trim, cut and clear away any trees and brush within the Easement Areas (and relocate any other materials situated, placed or appearing within the Easement Areas) whenever in GRANTEE' reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. 4. Obligation to Restore Easement Areas. After completion of any work performed by GRANTEE or its agents, contractors or employees which disturbs the surface of the Easement Areas, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its original character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement. 5. Obligation to Obtain Necessary Approvals. Prior to engaging in any activity upon the Easement Areas, GRANTEES shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, "Approvals") which are or may be required from any body, agency, or department with jurisdiction over the Easement Areas. 6. Rights Retained by GRANTOR. The easement rights acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within the Easement Areas to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE. 7. Indemnification. a. GRANTEE. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the "Grantor Representatives"), and each of them, and their property from all loss, liability, damages, claims, costs and expenses (including attorneys' fees and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTEE, its employees, agents, contractors and representatives (collectively, the "Grantee Representatives") in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easement by GRANTEE; provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity. b. GRANTOR. GRANTOR hereby agrees to indemnify, defend (with counsel acceptable to GRANTEE), release and hold harmless GRANTEE and the Grantee Representatives, and each of them, and its and their property from all loss, liability, damages, claims, costs and expenses (including attorneys' fee and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTOR or the Grantor Representatives in connection with the use of the Easement Areas by GRANTOR and/or the Grantor Representatives or any material breach of this Temporary Construction Easement by GRANTOR; provided, however that nothing contained in this paragraph shall operate to relieve GRANTEE from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTEE, the Grantee Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity. 8. General Provisions. 1236671.1 47 EXHIBIT "F" Temporary Construction Easement to S. C. E. Co., a corp. Serial No. RP File: a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and agree that the rights conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. b. Effective Date. This Temporary Construction 'Easement shall be effective upon the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this instrument. C. Authorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Temporary Construction Easement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing. d. Attorney's Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Temporary Construction Easement, the non-prevailing party in any such dispute shall pay the prevailing party's reasonable attorney's fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate. e. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement. f. General Order 69-C. This temporary easement is granted pursuant to California Public Utilities Commission General Order 69-C, incorporated by reference herein. g. Warranty. GRANTOR makes no warranty to GRANTEE regarding the fitness or suitability of the subject property for any use by GRANTEE. EXECUTED this day of 20 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By: Name: Its: 1236671.1 48 EXHIBIT "I'" Temporary Construction Easement to S. C. E. Co., a core. Serial No. RP File: 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 CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On before me, _ a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, 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. WITNESS my hand and official seal. Signature 1236671.1 Q 9 1 EXHIBIT G 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 order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (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: (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 C. The Transferor's address is 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. 1236709.1 50 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: 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 County, State of on Transferor: By: Title: 1236709.1 51 ATTACHMENT 2 57 - - - --........ - I I STATE OF CALIFORNIA-THE RESOURCES•AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt#: 200900795 State Clearinghouse#Jif applicable): 2009071044 Lead Agency: CITY OF PALM SPRINGS Date: 11/05/2009 County Agency ojFiling: Riverside Document No: 200900795 Project Title: INDIAN CANYON DRIVE&BRIDGE WIDENING ' i Project Applicant Name: DOKKENENGINEERIlVG Phone Number: Project Applicant Address: 2365 IRON POINT RD,SUITE 200 FOLSOM,CA 95630-8709 Project Applicant: Private Entity CHECK APPLICABLE FEES: ❑Environmental Impact Report ©Negative Declaration 1993.00 ❑Application Fee Water Diversion(Stale Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs i�County Administration Fee $64.00 []Project that is exempt from fees(DFG No Effect Determination(Form Attached)) ❑Project that is exempt from fees(Notice ofExemplion) Total Received 2057,00 Signature and title of person receiving payment. �' i 8 61 _ . i s w a !T-•liI m.. _. a III as u e li VI ID RI $ A Ii h •4 W `tJ If IS FJ m r, 11 # C C7 —i g i71 6 11 9k R• 2 O 71 # C S rrrl J> rri �O .� I�t •ro s+ m # FS c cn r .-. Co at ar r. a. m M ti 11 u m m m rs r- M. -, -s s-, ii ✓r� ! !T rrl tn ry -a Is --1 A Il n 1 t t 10 I-J IF 11 i6 i it # •.�� .V 74 61 '.eJ Z a -a A 11 71 1 1 ft Lrl < •D IC !T 1! 11 ! 1 O r.l +5, i ra u I en is 1 er c rr F.. i 1 J I — It I etah] !I d I M9 - T iit f l Notice of Determination Appendix D To: From: 14 Office of Planning and Research Public Agency: City of Palm Springs For U.S.flail: Street Address: Address: 3200 E.Tahquilz Canyon Way Palm Springs CA 92262 P.O.Box 3044 1400 Tenth St. Contact: Marcus Fuller Sacramento,CA 95812-3044 Sacramento;CA 95814 Phone: 1760)323 8253 }QI County Cleric Lead Agency(if different from abov3RIVERSID�CUN7v County of: Riverside Address: 2724 Gateway Drive 5 ��9 _Riverside CA 92507 Address Contact: ARRY '7 R CLERK Phone � ��^.Meyer Deputy SUBJECT:Filing of Notice of Determination in compliance with Section 21106 or 21152 of the Public Resources Code. State Clearinghouse Number(if submitted to State Clearinghouse): 2009071044 Project Title: Indian Canyon Drive and Bridge Widening Project Location (include county): Indian Canyon Drive over UPRR lust south of Interstate 10, Riverside County. Project Description: The City of Palm Springs proposes to widen Indian Canyon Drive for a distance of approximately 4,000 feet south of its intersection with Garnet Avenue(south of Interstate 10). The Indian Canyon Drive Bridge, which crosses over the Union Pacific Railroad Tracks,would also be widened. The existing 2.lane road and bridge would be widened to a 6 lane facility. This is to advise that the Qtv of Palm Wings has approved the above desci,'h d�Pinject on Lead Agency or Responsible Agency Neg DeC aU n7Y CL�(�K _ November 4,2009 and has made the following determinations regarding the above described projFdecl per P.R.C.�Ntc Deterrpinatiop(Date) POSTED 211,52 I.The project[[:]will ®will not]have a significant effect on the environment. wall 2. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. U 5 2099 ® A Negative Declaration was prepared for this project pursuant to the provisions of CLQARemoved- 3.Mitigation measures[©were ❑were not]made a condition of the approval of the project.By: 4.A mitigation reporting or monitoring plan[®was ❑ was not]adopted for this project. County of Riverside State of De t 5.A statement of Overriding Considerations[E]was ®was not]adopted f'or this project. Califon- 6.Findings[®were ❑were not]made pursuant to the provisions of CEQA. I I "Phis is to certify that the final EIR with comments and responses and record of project approval,or the negative Declaration; is available to the General Public at: 3200 E. Tahquitz Canyon Way, Palm Spn'n0 CA 92262_ Signature(Public Agcnc)1, /14 4 14iL.- Title Assistant Director of Public Works Ass.City Engineer Date Uw Date Received for filing at OPR Authority cited:Sections 21083.Public Resources Code. Reference Section 21000-21174,Public Resources Code. Revised 20U5 54 ATTACHMENT 3 55 STATF OF C:A11FDRNIA—BII.SINESS.TRANSPORTATION AND HOUSING AG[-N(lY ARNOI.D SCHWARZENEGGER.Oovemx DEPARTMENT OF TRANSPORTATION DISTRICT 8 ENVIRONMENTAL LOCAL ASSISTANCE(MS 1162) 464 WFST4TR STRFET,6'FLOOR SAN BERNARDINO,CA 92401 Flex vav power:' PHONE (909)388-1804 Be energy effiderrr.' FAX (909)383-6494 TTY (909)383-6300 September 24,2009 Mr.Marcus Fuller File:08-Riv-Local Assistance 3200 East Tahquitz Canyon Way Palm Springs,CA.92201 FPN: BRLO 5282 (017) STPLN 5282 (016) Dear Mr.Fuller: The California Department of Transportation (Caltrans) has prepared the NLPA environmental determination (Categorical Exclusion)for the proposed project in the City of Palm Springs in the County of Riverside consisting of widening the existing Indian Canyon Bridge from 2 to 6 lanes(86'-ultimate width) from UPRR overcrossing(bridge 56C0025)to Camet Ave.The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. Caltrans would also like to reiterate the requirements of the NEPA Pilot Program MOU that became effective July 1,2007. Pursuant to the MOU and Section 6005 of SAFETEA-LU codified at 23 U.S.C. 327(a)(2)(A), effective July 1, 2007 FHWA has assigned, and Caltrans has assumed, all the United States Department of Transportation (USDO"1) Secretary's responsibilities under NE-PA. The assignment applies to all projects on the State Highway System (SHS) and all Local Assistance Projects off the Sl1S within the State of California. • Local Agency or its consultant must do formal QC of environmental documents and technical reports paralleling Caltrans standards, to be confirmed by use of "External QC Form" provided to Caltrans. httn:ilwwNv.dot.ca.povlseriforns.htm • Local Assistance documents must use Annotated Outlines for EAs and EISs o Annotated Outlines are effective and efficient tools to ensure all requirements are met and to ensure consistency of terminology and treatment of issues. Agencies may use either the combined CEQAfNEPA outlines,or the NEPA- only outline.htip:,/www.dot.ca.(zovlserlforms,htm o One Caltrans standard for federal environmental documents is required_ o If challenged,Caltrans must defend Local Agency documents in federal court; documents that follow standardized formats and procedures are more defensible • Local Agencies must send copies of: I) Environmental documents, 2) technical reports, 3) summary lists of environmental commitments to be incorporated into PS&E, and 4) permits to Caltrans' DLAE for files to facilitate audits and process reviews. The requirement to have environmental commitments and permits is not new (Local Assistance Procedures Manual Chapters 6, 12, 15, 17), but providing copy to DLAE is now mandated because of the need to provide rapid response to FHWA in process reviews and audits and because FHWA nationally is placing new emphasis on ensuring these commitments are carried out. If you have any questions regarding the CE,please call Julie Lugaro at(909)383-1570. Sincerely, l ,r :Aaron Burton Senior Environmental Planner Environmental Local Assistance "Caltrans trnprowu mobility across California'" 56 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM 08-RIV-Pain Springs 0-Riv EIRLO 5282(017)and STPLN 5282(016) Dist-Co.-Rte.(or Local Agency) P.WP.M. E.A.(State project) Federal-Aid Proiect No.(Local project}1 Pro].No. PROJECT DESCRIPTION: (Briefly describe project,purpose,location,limits, right-of-way requirements.and activities involved.) Enter project description in this box. Use Continuation Sheet,if necessary The proposed project in the City of Palm Springs in the County of Riverside consists of widening the existing Indian Canyon Bridge from 2 to 6 lanes(86-ultimate width)from UPRR overcrossing(bridge 56C0025)to Garnet Ave,also construct north and south bridge approaches to improve traffic circulation and safety.The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. CEQA COMPLIANCE(for State Projects only) Based on an examination of this proposal,supporting information,and the following statements(See 14 CCR 15300 et seq.): • If this project falls within exempt Gass 3,4,5,6 or 11,it does not impact an environmental resource of hazardous or critical concern where designated,precisely mapped and officially adopted pursuant to law. • There will not be a significant cumulative effect by this project and successive projects of the same type in the same place,over time. • There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. • This project does not damage a scenic resource within an officially designated state scenic highway. • This project is not located on a site included on any list compiled pursuant to Govt.Code§65962,5("Cortese List"). • This project does not cause a substantial adverse change in the significance of a historical resource. CALTRANS CEQA DETERMINATION (Check one) ❑ Exempt by Statute.(PRC 21080[b]; 14 CCR 15260 et seq.) Based on an examination of this proposal,supporting information,and the above statements,the project is: ❑ Categorically Exempt.Class— (PRC 21084:14 CCR 15300 et seq.) ❑ Categorically Exempt.General Rule exemption.[This project does not fall within an exempt class,but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment(CCR 15061[b](3]) N/A NIA Print Name:Environmentai Branch Chief Print Name:Project Manager7DLA Engineer N/A NIA Signature Date Signature Date NEPA COMPLIANCE In accordance with 23 CFR 771.117,and based on an examination of this proposal and supporting information,the State has determined that this project: • does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment(EA)or Environmental Impact Statement(EIS),and • has considered unusual circumstances pursuant to 23 CFR 771.117(b) (htto7liwww.fhwa.dot;goviheo)23cfr771_htm-sec.771.117). to non-attainment or maintenance areas for Federal air quality standards.the project is either exempt from all conformity requirements, or conformity analysis has been completed pursuant to 42 USC 7506(c)and 40 CFR 93. CALTRANS NEPA DETERMINATION (Check one) ❑ Section 6004: The State has been assigned,and hereby certifies that it has carried out,the responsibility to make this determination pursuant to Chapler 3 of Title 23,United States Code,Section 326 and a Memorandum of Understanding(MOU) dated June 7,2007,executed between the FHWA and the State. The State has determined that the project is a Categorical Exclusion under: • 23 CFR 771.117(c):activity(cX C_) 23 CFR 771.117(d):activity(d)<E1_) • Activity listed in the MOU between FHWA and the State ® Section 6005 Based on an examination of this proposal and supporting information,the State has determined that the project is a CE under Section 6005 of 23 U.S C.32T t Pont Name.Environmental Branch Chief Printr (e>l vana neerqit 6 y Signature Date Signatures Date Briefly list environmental commitments on continuation sheet. Reference additional information,as appropriate(e.g.,air quality studies, documentation of conformity exemption,FHWA conformity determination if Section 6005 project:§106 commitments;§4(f);§7 restdts; Wetlands Finding;Floodplain Finding;additional studies;and design conditions).Revised September 15,2008 Page I of 10 ry r CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 08-RIV-Palm Springs 0-Riv _ BRLO 5282(017)and STPLN 5282(016) Dist.-Co.-Rte.(or Local Agency) P.M/P.M. E.A.(State project) Federal-Aid Project No.(Local projecly Proj.No. Continued from page 1: Project Components • Widen Indian Canyon Drive from 2 lanes to 6 lanes from UPRR overcrossing(bridge 56C0025)to Garnet Ave • Construct north and south bridge approaches to improve traffic circulation and safety. • The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. • PIES form signed July 9,2002 Technical Study Results Noise • Noise Analysis was approved on February 24,2003 Water Quality • For project areas exceeding 0.4 hectare(1 acre),NPDES guidelines necessitate the development of a SW PPP by the contractor prior to construction to establish project-specific permanent and temporary BMPs. During the design phase, a Water Pollution Control Plan would be prepared to determine the minimum control requirements to be included in the SWPPP. • BMPs include any facilities and methods used to remove, reduce,or prevent stone water runoff pollutants from entering receiving waters. Implementation of BMP goals may involve providing bioswales to reduce downstream pollutant concentrations,informing the public about runoff concerns to lessen impacts on receiving waters,and minimizing cuts and fills to curtail erosion. • Erosion control methods,temporary and permanent BMPs,and improvement of drainage facilities along the roadway would minimize impacts from storm water runoff. The SWPPP and NPDES-compliant measures would ensure no adverse impacts would occur to water quality associated with the Build Alternative(Locally Preferred). Floodplain • The Location Hydraulic Study and the Summary Floodplain Encroachment Report found that the project was assessed as a low level of risk to the floodplain and Caltrans approved of the study August 20, 2009. Natural Environment Study • Appended Biological Opinion was signed on October 11,2007 • Biological Assessment dated August 2006 • Avoidance, Minimization,and/or Mitigation Measures: • The Programmatic Biological Opinion(USFWS 2005)and appended PBO with conservation measures(October 11,2007)shall be followed. Invasive Species • Minimization measures for effects on invasive species would be implemented to comply with regulations under the California Department of Fish and Game. • All construction equipment should be cleaned prior to movement to the construction site. • Only weed-free mulches and erosion control mixes should be included in specification. • Only appropriate native plants should be included in project landscaping. • No topsoil should be imported. • A weed eradication program should be implemented over the first year after construction. Conservation Measures(Appended PBO,October 11,2007) Caltrans and the City proposed the following measures as part of the proposed action to avoid and minimize adverse effects for listed species: 1. Conservation measures I through 20 of the PBO shall be implemented by the Caltrans/City for the appended Project with the possible exception of PBO#4,if loose sand is to be removed from the Pii-IC 2 of 10 58 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Project site and deposited on the Preserve in accordance with the existing agreement between CVWD and the City,then PBO conservation measure#14 would be null. 2. Approximately 14.2 acres(7.1 acres at a 2:1 ratio or 14.2 acres)of suitable habitats for the Coachella Valley milk-vetch and Coachella Valley fringe-toed lizards shall be preserved in an established conservation area near the action area as agreed to on Page 5 of the Appended BO for the Tiered Date Palm Drive Interchange Project(1-6-05-P-3282,EA 455900). Prior to construction,the Coachella Valley Association of Governments(CVAG),acting on behalf of Caltrans,has committed to the purchase and establishment of a conservation area,the finalization of a conservation agreement,and the establishment of an endowment fund for the management of the conservation area in perpetuity. The 26.34 acres(Table 1)of conservation habitat,required to offset the indirect impacts for this proposed Project,was previously purchased and accounted for as identified in the Appended BO for the Tiered Indian Avenue Interchange Project(1-6-05-P-3282). 3. The 14.2 acres(Table 1)of sandy habitat suitable for the fringe-toed lizard and milkvetch shall be purchased prior to the commencement of construction activities(including brush clearing and grading) associated with the Project. 4. Sand removed from the project footprint shall be deposited in accordance with an agreement between the City and CVWD.The Service shall approve the removal of sand and the deposition area prior to pickup,transportation and deposition of sand. If the quality of loose sand to be removed from the Project site and deposited on the Preserve is not suitable(consisting of rocks,fine sediment,and gravel),then conservation measure#4 would be null and the sand would not be removed to the Preserve. 5. During construction,soils to be impacted shall be watered down to prevent fugitive dust from drifting into adjacent habitat. 6. All construction equipment shall be cleaned prior to initial movement to the construction site. 7. Caltrans/City shall ensure that the Contractor avoids entering or damaging habitat located outside of the project footprint.The Contractor's operations shall be limited to the immediate project footprint and other designated work areas shown on the plans,except as authorized in writing by the authorized biologist.The Contractor shall avoid killing or injuring any wildlife within the habitat and shall avoid killing or injuring any wildlife that crosses into the work area,except as required for the immediate safety of project personnel-The Contractor shall notify the authorized biologist of any wildlife killed or injured by construction activities or the contractors employees in the course of work. Native plants located inside the habitat,that are not shown on the plans to be removed,and that are injured or damaged by reason of the Contractor's operations,shall be replaced by the Contractor in accordance with Section 7 1,11 "Preservation of Property"of the Standard Specifications. 8. The Contractor shall retain,and have available,the services of an authorized biologist who will perform the duties of the biological monitor.The monitor is required to provide a pre-construction survey of the project site and any associated staging areas,provide employee training,monitor the temporary silttwi#dlife fence installation,perform construction monitoring,and conduct endangered species relocation. USFWS Conservation Measures(PBO September 23,2004) 9. All areas outside of the project footprint will be delineated as Environmentally Sensitive Areas(ESAs). All parties in conjunction with this operation will strictly avoid these areas. No construction activities, materials,or equipment will be permitted in the ESAs.These areas must be placed on the design plans and included in the construction contract. ESAs will be designated by erecting protective fencing delineating the project impact boundary and sensitive habitats. This barrier fencing will be constructed in such a way as to restrict the movement of reptiles into impacted areas.Fencing material can vary;however, it should consist of a cloth-like material that can withstand high winds,sun and heat.This fence should be buried 24-inches below the surface,to prevent terrestrial species from burrowing underneath,and extend above ground at least 24-inches. Page 3 u r 10 59 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 10, An employee education program will be developed. Each employee(including temporary,contractors, and subcontractors)will receive a training/awareness program within two weeks of working on the proposed project.They will be advised of the potential impact to the listed species and the potential penalties for taking such species.At a minimum,the program will include the following topics. occurrence of the listed and sensitive species in the area,their general ecology,sensitivity of the species to human activities,legal protection afforded these species,penalties for violations of Federal and State laws,reporting requirements,and project features designed to reduce the impacts to these species and promote continued successful occupation of the project area environs. Included in this program will be color photos of the listed species,which will be shown to the employees. Following the education program,the photos will be posted in the contractor and resident engineer's office,where they will remain throughout the duration of the project.The contractor, Resident Engineer,and Service- approved biological monitor will be responsible for ensuring that employees are aware of the listed species. 11. The project proponent will designate a Service-approved qualified biologist who will be responsible for overseeing compliance with protective measures for the listed species.The biologist will have the authority to halt all associated project activities that may be in violation of this biological opinion. In such an event, the biologist will contact the Service within 24 hours. 12. Construction work areas will be delineated and marked clearly in the field prior to habitat removal,and the marked boundaries maintained and clearly visible to personnel on foot and by heavy equipment operators. Employees will strictly limit their activities and vehicles to the proposed project areas, staging areas,and routes of travel.The project proponent and/or the biological monitor will contact the Service to verify that the limits of construction have been properly staked and are readily identifiable. 13. A biologist will monitor construction to ensure that vegetation removal, Best Management Practices (BMPs),ESA fencing,and all avoidance and minimization measures are properly constructed and followed. 14. All equipment maintenance,staging,and dispensing of fuel,oil,or any other such activities,will occur in designated upland areas.The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States,including wetlands. 15. Typical erosion control measures, BMPs, in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board. 16. Use of invasive exotic plant species in landscaped areas adjacent to or near sensitive vegetation communities will be restricted.In compliance with Executive Order 13112,impacted areas will be revegetated with plant species native to desert habitat types and the Coachella Valley,and will avoid the use of species listed in Lists A&B of the California Exotic Pest Plant Council's list of Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999. 17. The seed of Coachella Valley milk-vetch will be collected off of plants from within the boundaries of permanent and temporary impacts from project construction.Seed collection will occur when the seed is past soft dough and prior to being naturally dispersed.The top four inches of soil surrounding the milk-vetch plants to be impacted will be collected and placed in plastic bags.This seed and soil will be distributed at an area consisting of aeolian habitat immediately following collection.The location where seed will be dispersed will be coordinated with the Service prior to collection. 18. All construction equipment will be inspected and cleaned prior to use in the proposed project footprint to minimize the importation of non-native plant material.All mulch,topsoil and seed mixes used during post construction landscaping activities and erosion control BMPs will be free of invasive plant species propagules.A weed abatement program will be implemented should invasive plant species colonize the area within the project footprint post-construction. 19. No off-road vehicle activity from construction personnel or other persons affiliated with the project will occur outside of the project footprint. 20. To reduce attraction of ravens and crows,which may eat fringe-toed lizards,all trash will be placed in raven-proof containers and promptly removed from the site. Page 4 of 10 60 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 21. No pets or firearms will be permitted inside the project's construction boundaries or other associated work areas. 22. All sand removal and storage activities will be restricted to the project footprint.No maintenance activities will be authorized that extend beyond the boundaries of the project footprint. 23, To the extent possible,no sand removal activities will take place from 1 November—30 March(to avoid winter dormancy periods for the lizards)or if ambient air temperature exceeds 102 degrees Fahrenheit(the temperature at which lizard activity tends to be reduced). 24. Vehicle speeds on unpaved access roads will be restricted to a maximum of 25 MPH. 25. All culverts,bridges,and associated water passage structures will be maintained such that water and sediment may pass between upstream and downstream locations and so as not to block the passage of wildlife. 26. Impacts resulting from this project will be offset by implementing the agreements established in the Conservation Bank Plan Addressing the Direct, Indirect,and Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects(Plan).The Plan assesses potential effects and offsetting measures for the proposed projects.The Plan establishes mitigation ratios at 2:1 for direct impacts of the interchange and associated arterial improvements covered under this Opinion and 1:1 for indirect impacts.Required offsetting measures will be provided through the acquisition of land and thefinai conservation bank agreement.Caltrans andlor Coachella Valley Association of Governments(CVAG) will set up an endowment fund for the purpose of managing the proposed conservation bank in perpetuity. 27. Prior to beginning construction,CVAG, Caltrans,and FHWA will purchase and establish a conservation bank(Bank),as per the Plan;finalize a conservation bank agreement with the Service and CDFG,and set up the endowment fund for managing the properly in perpetuity. Sufficient land will be purchased for the bank prior to start of construction for any given project.CVAG, Caltrans,and FHWA will coordinate with the Service and CDFG to locate and acquire Bank lands. All Bank lands will be approved by the Service and CDFG prior to purchase to ensure that these conservation lands benefit the fringetoed lizard and milk-vetch. In addition,CVAG or its designee will be the manager of all Bank lands. 28. Geotechnicai borings in areas with aeolian sand deposits will include the following measures: a.No cross country-travel and geotechnical borings will take place from 1 November-30 March(to avoid winter dormancy periods for the lizards)or if ambient air temperature exceeds 102 degrees Fahrenheit(the temperature at which lizard activity tends to be reduced). b.When traveling cross-country,a route will be established and followed that avoids,to the maximum extent practicable,all sand hummocks and dunes. c.The surface area will be returned to the pre-disturbance state. If sand dunes or hummocks were impacted,then the surface sand will be placed in a separate pile and replaced as a dune or hummock. 29. Archaeological surveys in areas with aeolian sand deposits will include the following measures. a.The outer perimeter of all survey areas will be delineated and the area within this perimeter will be calculated and deducted from the Conservation Bank. b.All work including staging,depositing excavated materials,storing equipment,etc,will be conducted within the perimeter of the survey area. Air • Air Quality Analysis was approved on January 16,2001 • On July 13,2009,FHWA found that the Conformity Determination for the Indian Canyon Drive and Bridge Widening Project conforms to the State Implementation Plan(SIP)in accordance with 40 C.F.R. Part 93. • Avoidance, Minimization,and/or Mitigation Measures: • Upon development of the project construction details and schedule,the City shall reestimate NOX emissions;and Paer.�of 10 } 6 1 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet • If emissions are forecast to exceed the SCAQMD NOX threshold,the contractor shall use aqueous diesel fuel or one or more pieces of construction equipment with exhaust gas recirculation-type engines as necessary to reduce forecast emissions to less than the threshold limit. A Fugitive Dust(PM10)Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the City of Palm Springs Municipal Code and shall be included as part of the construction contract specifications prior to the issuance of a grading permit. The Fugitive Dust Mitigation Plan shall specify steps that will be taken to comply with the City's Fugitive Dust and Erosion Control Ordinance,which restricts fugitive dust emissions. Measures outlined in the plan shall include but not be limited to daily watering of graded areas,washing of equipment tires before leaving the construction site,and use of SCAQMD-approved chemical stabilizers or soil binders. • The proposed project shall incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and SCAQMD Rule 403 and 403.1,as shown in the air quality technical report. • The contractor shall discontinue construction activities during first-and second-stage smog alerts. • When feasible,the contractor shall utilize existing power sources(i.e.,temporary power poles)to minimize the use of diesel generators. • The proposed project shall incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and SCAQMD Rule 403 and 403.1,as shown in the air quality technical report. Hazardous Waste—ISA • ISA approved on February 24,2003 • ISA re-approved September 2009 • ADL approved on February 24,2003 • All hazardous waste testing should be done during W BS 165, prior to completion of PAED so that any special handling,treatment,or disposal provisions associated with hazardous wastes may be included in construction documents. Traffic • Traffic study was approved on June 5,2007. • Avoidance,Minimization, and/or Mitigation Measures: • Impacts to traffic flow as a result of construction activities could be reduced by developing and implementing a traffic management plan and a construction-phasing plan. Cultural Resources • State Historic Preservation Officer(SHPO)concurred with Caltrans'determination that there are no historic properties within the APE on June 11, 2004. Climate Change • Avoidance,Minimization,andlor Mitgation Measures: • The project would incorporate the use of energy efficient lighting,such as LED traffic signals. LED bulbs—or balls,in the stoplight vernacular—cost$60 to$70 apiece but last five to six years, compared to the one-year average lifespan of the incandescent bulbs previously used. The LED balls themselves consume 10 percent of the electricity of traditional lights,which will also help reduce the projects CO2 emissions. • Portland cement will be used where possible and if feasible,fly ash will be added to Portland cement mixes.The use of lighter color surfaces such as Portland cement helps to reduce the albedo effect and cool the surface. Adding fly ash reduces the GHG emissions associated with cement production and it also can make the pavement stronger. Pugc b of I V C 2 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Indian Canyon Drive Street and Bridge Widening Mitigation Monitoring Program Checklist rim!n of Verification Mitigation During Responsible Measure Avoidance,Minimization,andlor Method of Pre-con- Con- Post-con- Party rompletec No. Mitigation Measure Verification struction struction struction Initials Date Comments AIR QUALITY' __ 1 1 The following measures would Place as X X X City of PalmsDevelop air quality mitigate air quality-related impacts: notes on the Springs, measures prior to project plans Construction construction and Grading activities for the bridge Contractor implement during construction and the road widening construction. shall occur sequentially,not Monitor during simultaneously. construction. Minimize land disturbance during construction. Use watering trucks to minimize dust:watering should be sufficient to confine dust plumes to the project work areas. Suspend grading and earth moving when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dust plumes. Cover trucks when hauling dirt. Stabilize the surface of dirt piles if not removed immediately. Limit vehicular paths on unpaved surfaces and stabilize any temporary roads. Minimize unnecessary vehicular and machinery activities. Sweep paved streets at least once per day where there is evidence of dirt that has been carried onto the roadway. Revegetate disturbed land, including vehicular paths created during construction,to avoid future off-road vehicular activities. Remove unused material. Discontinue construction activities during first-and second-stage smog alerts. Incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and South Coast Air Quality Management District Rule 403 and 403.1,as shown in the air quality technical report. A Fugitive Dust(PM,,)Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the City of Palm Springs Municipal Code and shall be included as part Page 7 of 10 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timing of Verification Mitigation During Responsible Measure Avoidance,Minimization,and/or Method of Pre-con- Con- Post-con- Party Completed No. Mitigation Measure Verification struction struction struction Initials Date Comments of the construction contract specifications prior to the issuance of a grading permit. 2 The following measure would Place as X X X National Inform minimize exposure to diesel notes on the City, construction particulate emissions: project plans Construction contractor prior to Contractor grading and monitor during When feasible,replace at least one construction. piece of diesel-operated equipment with a gas-operated piece equipment. When feasible,utilize existing power sources(i.e.,temporary power poles)to minimize the use of diesel generators. Locate construction equipment and truck staging and maintenance areas as far as feasible and nominally downwind of schools, active recreation areas,and other areas of high population density. f NYDDR01_04GY,WATER QUALITY, AND STORM WATER RUNOFF 3� The following measures shall be Compiet ed X X City Prepare plan prior implemented to minimize storm plan Engineer, to construction. water and hydrology-related City of Palms Implement during impacts: Springs, construction. Construction A Storm Water Pollution Contractor Prevention Plan(SWPPP)shall be prepared to address erosion control and sedimentation issues related to the grading aspect of the project. The SWPPP shall specify and describe the implementation process of all best management practices that will address equipment operation and materials management,prevention of erosion,and prevention of sedimentation. The City Engineer of the City of Palms Springs shall ensure that the SWPPP is properly implemented. WILDLIFE The following measure shall be Approval by X X City of Palms Prepare plan prior d implemented to reduce wildlife the resource Springs, to construction. impacts: agencies Construction Implement during Contractor construction. Implementation of the required mitigation measures outlined in the Conservation Plan Addressing the Direct,Indirect,and Cumulative Effects of Interstate 10 Coachella Vattey Interchange Projects (Caltrans 2003)regarding Impacts to wildlife habitat. These measures include the purchase and conservation of comparable habitat in an established Conservation Bank under the auspices of the Draft Coachella Valley Multi-Species Habitat ,_.... Page 8 o l,10 64 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timis of Verification Mitigation During Responsible Measure Avoidance,Minimization,andfor Method of Pre-con- Con- Post-con- Party omplete No. Mitigation Measure Verification struction struction struction initials Date Comments Conservation Plan CVMSHCP . TM#iIEATE�tEE1 AND EiKj$1#?sl�a"ERE�Y SPECIES- I S The following measures shall be Approval by X X City of Palms Prepare plan prior implemented to reduce threatened the resource Springs, to construction. and endangered species impacts: agencies Construction Implement during Contractor construction. Implementation of the required mitigation measures outlined in the Conservation Plan(Caltrans 2003) regarding threatened and endangered species. Required mitigation shall be met through the replacement of desert sand fields habitat,on a 2:1 basis in the case of direct impacts,and a 1:1 basis in the case of indirect impacts,in an established Conservation Bank under the auspices of the CVMSHCP- i i All areas outside of the project footprint will be delineated as Environmentally Sensitive Areas with protective fencing. An education program will be developed to advise construction staff of potential impacts to listed species. Biological monitoring will be provided to oversee compliance with protective measures for listed species. Seed of the Coachella Valley milk-vetch will be collected from plants that are within the Area of Effect prior to construction. All equipment will be inspected and cleaned prior to use in the project area to minimize exotic species introductions. To the extent feasible,no sand removal activities will take place from November 1 -March 30 to avoid winter dormancy periods for lizards or if ambient air temperatures exceed 102 degrees Fahrenheit(the temperature at which lizard activity tends to be reduced. CLIMATE CHANGE To the extent that equipment and Place as X X City of Palms Before and during 6 technology is available and cost notes on the Springs, construction- effective,the applicant shall project plans Construction Note shall be encourage contractors to use Contractor written on all alternate fuels.catalyst and construction filtration technologies,and retrofit documents for existing engines in construction implementation equipment. during --�- Pagrs 9 of 10 65 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timin of Verification Mitigation During Responsible Measure Avoidance,Minimization,and/or Method of Pre-con- Con- Post-con- Party rompleted No. Mitigation Measure Verification struction struction struction Initials Date Comments Minimize idling time to 5 minutes construction. when construction equipment is not in use,unless per engine manufacturer's specifications or for safety reasons more time is required. To the extent practicable,manage operation of heavy-duty equipment to reduce emissions such as maintain heavy-duty earthmoving, stationary and mobile equipment in optimum running conditions which can result in 50/.fewer emissions. Property maintain equipment according to manufacturers' specifications. Use electric equipment when feasible. The project would incorporate the use of energy efficient lighting, such as LED traffic signals. LED bulbs—or balls,in the stoplight vernacular—cost$60 to$70 apiece but last five to six years, compared to the one-year average lifespan of the incandescent bulbs previously used. The LED balls themselves consume 10 percent of the electricity of traditional lights, which will also help reduce the projects CO2 emissions. Portland cement All be used where possible and if feasible,fly ash will be added to Portland cement mixes.The use of lighter color surfaces such as Portland cement helps to reduce the atbedo effect and cool the surface. Adding fly ash reduces the GHG emissions associated with cement production and it also can make the pavement stronger. Aagc 10 or 10 cc