Loading...
HomeMy WebLinkAbout05979 - COACHELLA VALLEY WATER DISTRICT RIGHT OF WAY ACQUISITION INDIAN CANYON DRIVE WIDENING CP 01-25 Kathie Hart From: Savat Khamphou Sent: Wednesday, June 22, 2016 8:11 AM To: Kathie Hart; Marcus Fuller; Gianfranco Laurie Cc: Tabitha Richards;Vonda Teed Subject: RE: A5979-Coachella Valley Water Dist Yes. Savat Khamphou City of Palm Springs 4 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8253 Ext. 8744 (office) CALIFC>RNIA (760) 219-5404(cell) Sa va t.Khamph o u(a7Palm Springs CA.go v like no place else., From: Kathie Hart Sent: Tuesday, June 21, 2016 6:44 PM To: Marcus Fuller; Savat Khamphou; Gianfranco Laurie Cc: Tabitha Richards; Vonda Teed Subject: A5979 - Coachella Valley Water Dist This is for Right of Way Acquisition, Indian Canyon Drive Widening CP 01-25. The Grant of Easement and Right-of-Way was recorded. OK to close? /CatllLe Kathie Hart, MMC Chief Deputy City Clerk CALIFORNIA� t ikg Mo pS' eol&t:' City of Palm Springs (760) 323-8206 3200 E. Tahquitz Canyon Way r (760) 322-8332 Palm Springs,CA 92262 Kethie.Hart@PolmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 1 08/04/2010 08:00A Fee:NC Pape 1 of 9 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder RRecording equested by and I IIIIII IIIIIII IIII IIII IIIIIII III IIIIIII III IIIII III)IIII After Recording Return to: S R U PAGE SIZE DA I MISC LONG RFD COPY City Clerk I City of Palm Springs M A L 465 426 PCOR NCOR SMF CH ExnM 3200 E.Tahquitz Canyon Way T:�C � CTY UNI �I Q Palm Springs. CA 92262 Pursuant to Government Code Section 6103,this document is 6eng recorded as a bene7i to the City of Palm Springs and recording fees shall not apply. File No. R 10-06 NO DOCUMENTARY STAMPS NEEDED APN 669-240-003 File: 0652.2 669-330-017 0655. GRANT OF EASEMENT AND RIGHT-OF-WAY 1150.15 For a valuable consideration, receipt of which is hereby acknowledged, COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, GRANTOR ("District" or "Grantor"), hereby grants to the CITY OF PALM SPRINGS, a California charter city, GRANTEE ("City" or "Grantee"), an easement and right-of-way for streets, highways, underground sewers, public utility installations and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being that land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof ("Property"). In addition to any law or regulation now or hereafter enacted, the use and enjoyment of the easement described herein shall be subject to and in accordance with applicable avoidance, minimization and mitigation requirements contained in the Coachella Valley Multiple Species Habitat Conservation Plan ("CVMSHCP") and the Natural Community Conservation Plan ("NCCP"). Grantee shall assume the defense of, indemnify and hold harmless District and its officers, directors, administrators, representatives, consultants, engineers, employees and agents, and their respective successors and assigns (collectively, "District Indemnitees") and each and every one of them, from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorneys' fees), claims, losses and expenses of every type and description (collectively, "Costs") to which they may be subjected or put, by reason of, or resulting from: (a) any use or misuse of the Property by Grantee or its Representatives (as defined below); (b) any violation or alleged violation by Grantee or its Representatives of any law or regulation, or the CVMSHCP or the NCCP, now or hereafter enacted; (c) the performance of or failure to perform, the work covered by this easement which is caused or occasioned by any act or neglect on the part of Grantee or its Representatives; (d) any death, injury, property damage, accident or casualty caused or claimed to be caused by Grantee or its Representatives; (e) any breach by Grantee of its obligations under this easement and (f) any Document NO. 030427-1-008 1 030427--4-XXX 030435-2-XXX enforcement by District of any provision of this easement. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the District Indemnitees or any of them. District shall make all decisions with respect to its representation in any legal proceeding concerning this easement. If Grantee fails to do so, District shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including fees and costs, to Grantee and to recover the same from Grantee. The term "Representatives" shall mean employees, representatives, agents, contractors, subcontractors, licensees, invitees (including the public) or any other persons directly or indirectly employed by any of the foregoing or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. No provision of this easement shall in any way limit the extent of the responsibility of Grantee for payment of damages resulting from its operations or the operations of any of its Representatives. Grantor shall have no duty to warn any person of any latent or patent defect, condition or risk that may exist in or around the Property or that might be incurred in the exercise of the rights granted herein. Grantee hereby waives all claims or actions against Grantor in respect to the condition of the Property, including any defects or adverse conditions not discovered or otherwise known by Grantee as of the date hereof. Grantor makes no warranty or representation, express or implied, in respect of the Property, or any part thereof, either as to its fitness for use, design or condition for any particular use or purpose or otherwise. All persons who enter upon the Property pursuant to this easement shall do so at their own risk. Dated: July 7, 2010 COACHELLA VALLEY WATER DISTRICT, a public Lncyof California By Steve Robbins By General Manager-Chief Engineer Printed Name and Title Doc. No. 030427-1-008 030427-4-XXX 030435-2-XXX 2 III IIIIIII 11111111111111 IN 19V 194/ 19 08:W)A STATE OF CALIFORNIA) ) ss. County of Riverside ) On July 7, 2010,before me, Grace Gil, Notary Public, personally appeared Steve Robbins, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. rwwwwwww� _"k �j- — wvwwN .11 M Grace Gil,Notary Public in 879pAC ' COMM, 53 and for said County and State NOTARY PUBLIC.CA .N1A RMSIDE COUNTY Cpnmi ft ' FEB 2.2Q14 COMMISSION NO. 1879053 MY COMMISSION EXPIRES FEBRUARY 2, 2014 CAPACITY CLAIMED BY SIGNER: General Manager-Chief Engineer SIGNER IS REPRESENTING: Coachella Valley Water District 1 II�III�III�II IIII IIII II�IIII III IIIIIII IIIIIII IIII I��I 93 941 0 09�800R EXHIBIT"A" INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION APNS 669-240-003 AND 669-330-017 PARCELI THAT PORTION OF THE EAST ONE HALF OF SECTION 27, 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 THEREOF AND DESCRIBED IN DEED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT RECORDED JUNE 24, 1941 IN BOOK 506, PAGE 112, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 16.00 FEET OF THE EAST 46.00 FEET OF SAID SECTION 27. TOGETHER WITH: PARCEL 2 THAT PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 35, 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 THEREOF AND DESCRIBED IN DEED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT RECORDED JUNE 24, 1941 IN BOOK 506, PAGE 112, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF SAID SECTION 35 SOUTH 00019'41"WEST, 563.58 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89040'19" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00036'57" EAST, 793.66 FEET; THENCE SOUTH 44040'18" EAST, 39.04 FEET TO THE NORTH LINE OF SUNRISE PARKWAY AS DEDICATED PER TRACT MAP NO. 31848-1 FILED DECEMBER 27, 2006 IN BOOK 414 OF MAPS, PAGES 49 THROUGH 73, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE SOUTH 89059'51"WEST, 40.68 FEET TO SAID EAST LINE OF INDIAN CANYON DRIVE; THENCE ALONG SAID EAST LINE NORTH 00019'41" EAST, 821.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 89,678 SQUARE FEET, 2.059 ACRES, MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. A. MICHAEL A. HAVENER, PLS 7354 bATE EXP. 12-31-11xp.1St/31/11 7354 -g- Z F CAS-���c�. PAGE 1 OF 1 Mill I ill IIII IN IIIIIII III IIIIIII III Hill IN IIII 0$,0/20 0 08!00A EXHIBIT " B " 221 2 3 INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION 27 26 I PARCEL 1 I_.,•� SEE DETAIL SEC. 27 I I SHEET 2 T. 3 S. i R�. 4 E. S. B. M. CVWD APN 669-240-003 I I SEC. 26 I 60' EXISTING ROAD R I (SEE NOTE THIS SHEET) 0 300 600 1200 © ^ I I LEGEND V,J I I INDICATES RIGHT-OF-WAY TO BE ACQUIRED O ( I PARCEL 1 AREA = 83,744 SQ. FT. (1.922 ACRES), I MORE OR LESS I I CA CENTERLINE V I I R/W RIGHT-OF-WAY NOTE: ROAD ABSTRACT 338 APPROVED © Z BY THE BOARD OF SUPERVISORS DEC. 10, 1892 IN BOOK 15 AT PAGE 150, •�' 0 RECORDS OF SAN DIEGO COUNTY. v � EXP. 31 DEC 11 I � � slq�,N0. 755k OQ�` OF CAL\F CITY 1 OF PALM SPRINGS PREPARED BY. KA 27 2 6I I REVIEWED BY: MH 34 3 5 PROJECT: INDIAN CANYON DRIVE SCALE: 1"=600' APN 669-240-003 DATE: 5-18-10 1 SHEET 1 OF 4 1111 IN 111111111111111111111111111111111 0$Qei 0afiW%A EXHIBIT " B " INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION 22 123 27 26 SEC. �� WEST LINE OF INDIAN CANYON DRIVE T. 3 S. R. 4 E. S.B.M. 7 1s 30' CVWD © 30 SEC. 26 APN 669-240-003 o a T. 3 S. R. 4 E. z z U S.B.M. U cMv EAST LINE OF Q to SECTION 27 © Z 60' EXISTING ROAD R (SEE NOTE SHEET 1) WEST LINE OF INDIAN CANYON DRIVE 27 26 34 35 PARCEL NOT TO SCALE CITY OF PALM SPRINGS PREPARED BY: KA REVIEWED BY: MH SEE SHEET 1 FOR LEGEND PROJECT: INDIAN CANYON DRIVE SCALE: NOT TO SCALE APN 669-240-003 DATE: 5-18-10 1 SHEET 2 OF 4 1111111111111111111111111111 Hill 111111 IN EXHIBIT $$ B " INDIAN CANYON DRIVE RIGHT—OF—WAY ACQUISITION 27 1126 34 35 � P.O.C. I THE BEARINGS ON THIS PLAT ARE BASED NW COR. ON THE CALIFORNIA COORDINATE SYSTEM SEC. 35 ( OF 1983, ZONE 6. THE DISTANCES USED ARE GROUND DISTANCES. MULTIPLY I DISTANCES SHOWN BY 0.99997430 TO 23 OBTAIN GRID DISTANCES. Lo W M I � , U I I S 89'4019 E 00' W0K �. T.P.O.B.-i ISEC. 35 � W ► 30' T. 3 S. R. 4 E. QQ 30' I I S.B.M. U Z I ICl C Z < 60' EXISTING Q -- ROAD R/W Ii I © (SEE NOTE I I n,U APN 669-330-018 SHEET 1) I I c PARCEL 2 I SEE DETAIL ' I SHEET 4 I i � jI 0 100 200 400 LEGEND INDICATES RIGHT—OF—WAY TO BE ACQUIRED I <o PARCEL 2 AREA = 5.934 SQ. FT. (0.136 ACRES)\ _ A, P.O.C. POINT OF COMMENCEMENT SUNRISE PKW 1 . T.P.O.B. TRUE POINT OF BEGINNING =TRACTM.B. 414 49-73 MAP NO. 31848-1 CA CENTERLINE CITY OF PALM SPRINGS PREPARED BY: KA R/W RIGHT—OF—WAY REVIEWED BY: MH PROJECT: INDIAN CANYON DRIVE APNS 669-330-017 SCALE: 1".= 200' DATE: 5-18-10 SHEET 3 OF 4 IIIIII IIIIIII III IIII IIIIIII III IIII'II III IIIII IIII IIII 08 10/ O10 08tGOA EXHIBIT " B " INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION I THE BEARINGS ON THIS PLAT ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM 4 OF 1983, ZONE 6. THE DISTANCES USED ARE GROUND DISTANCES. MULTIPLY z X DISTANCES SHOWN BY 0.99997430 TO v J OBTAIN GRID DISTANCES. cn � § En S 89'40'19"I E t 30.00' I T.P.O.B. I I 0! Ld © � I o SEC. 35 cn T. 3 S. R. 4 E. U C S.B.M. .z 30' 30' 4 d. 60' EXISTING ° "i © ZROAD R/W r' r� I (SEE NOTE ' APN 669-330-018 SHEET 1) W I C) c 4 a o rn cm W I I EAST LINE OF INDIAN �n I CANYON DRIVE NORTH LINE OF SUNRISE PKWY 40.68' S 89,59,510 W K' g ru a NOT TO SCALE SUNRISE PKWY. CITY OF PALM SPRINGS PREPARED BY. KA SEE SHEET 3 FOR LEGEND REVIEWED BY: MH PROJECT: INDIAN CANYON DRIVE APNS 669--330-017 SCALE: NOT TO SCALE DATE: 5-18-10 1 SHEET 4 OF 4 IIIIII�������IIII IIII IIIIIII���1111111111 Hill 11111111 08&4,° G lD8!&0A F ppLM C -t of Palm Springs Office of the City Clerk 3200 P.Taliquitz Canyon Way • Palm Springs, California 92262 RAW Tel: (760)323-8204 • Fax: (760) 322-8332 • Web: www.palmspringsca.gov tilcoRN�P CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT AND RIGHT-OF-WAY Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" INDIAN CANYON DRIVE APNS 669-240-003 and 669-330-017 dated: July 7, 2010, from, COACHELLA VALLEY WATER DISTRICT a public agency of the State of California Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 28t" day of July, 2010, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 28t" day of July, 2010. AMES THOMPSON City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 90�0190�� y8�06F Post Office Box 2743 • Palm Springs, California 92263-2743 CITY OF PALM SPRINGS (Herein referred to as "City"), and COACHELLA VALLEY WATER DISTRICT (Herein referred to as "District") PROJECT: Indian Canyon Drive Widening APN(s): 669-240-003 and 669-330-017 RIGHT-OF-WAY ACQUISITION AGREEMENT This RIGHT OF WAY ACQUISITION AGREEMENT ("Agreement") is made this 7th day of_ July , 2010 ("Effective Date") by and between Coachella Valley Water District, a public agency of the State of California ("District") and the City of Palm Springs, a California charter city ("City"). RECITALS A. District is the owner of certain real property located in the City of Palm Springs, County of Riverside, State of California, and identified as Assessor Parcel Numbers 669-240-003 and 669-330-017 (collectively, "Property"). B. City desires to acquire an easement and right-of-way for streets, highways, underground sewers, public utility installations and other appurtenant uses ("Easement"), over a portion of the Property consisting of approximately two and fifty- nine thousandths (2.059) acres as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein and depicted on Exhibit "B" attached hereto and by this reference incorporated herein ("Acquisition Area") for all purposes necessary to facilitate and accomplish the construction of the Indian Canyon Drive Widening, City Project No. 01-25, Federal Aid Project No. STPLN 5282 (023) ("Project") on the terms and conditions set forth herein. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS: 1. (a) Subject to the terms and conditions set forth herein District shall agree to execute and deliver to City a Grant of Easement and Right-of-Way to convey to City the Easement over the Acquisition Area. (b) City shall pay all costs associated with the use of the Acquisition Area and shall keep District and the Property free and harmless from such costs. In connection therewith, City shall not suffer or permit to be enforced against the Property, any mechanic's lien or any claim for damage arising from the use of the Acquisition Area by City or its Representatives (as defined herein) and City shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against the Property. 1 2. (a) It is also mutually understood and agreed by and between the parties hereto that the City is responsible for complying, at City's sole cost and expense, with all laws, regulations, ordinances of all federal, state and local agencies in connection with the rights granted hereunder and shall be subject to and in accordance with applicable avoidance, minimization and mitigation requirements contained in the Coachella Valley Multiple Species Habitat Conservation Plan ("CVMSHCP") and Natural Community Conservation Plan ("NCCP"). (b) City shall, at its sole cost and expense, apply for and obtain all necessary consents, approvals, permits, authority, licenses or entitlements from all applicable governmental authorities to exercise the rights set forth herein. 3. (a) City shall assume the defense of, indemnify and hold harmless District and its officers, directors, administrators, representatives, consultants, engineers, employees and agents, and their respective successors and assigns (collectively, "District Indemnitees") and each and every one of them, from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorneys' fees), claims, losses and expenses of every type and description (collectively, "Costs") to which they may be subjected or put, by reason of, or resulting from: (1) any use or misuse of the Acquisition Area by City or its Representatives (as defined below); (2) any act or omission of City or its Representatives in connection with the matters contemplated hereby; (3) the performance of or failure to perform, the work covered by this Agreement which is caused or occasioned by any act or neglect on the part of City or its Representatives; (4) any death, injury, property damage, accident or casualty caused or claimed to be caused by City or its Representatives or including City or its Representatives or its or their property; (5) any violation or alleged violation by City or its Representatives of any law or regulation, or the CVMSHCP or the NCCP; (6) any breach by City of its obligations under this Agreement; and (7) any enforcement by District of any provision of this Agreement. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the District Indemnitees or any of them. District shall make all decisions with respect to its representation in any legal proceeding concerning this Section. If City fails to do so, District shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including fees and costs, to City and to recover the same from City. The term "Representatives" shall mean employees, representatives, agents, contractors, subcontractors or any other persons directly or indirectly employed by any of the foregoing or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. No provision of this Agreement shall in any way limit the extent of the responsibility of City for payment of damages resulting from its operations or the operations of any of its Representatives. (b) As an inducement and consideration for District granting the Easement, City, on its behalf and on behalf of its Representatives, hereby agrees to assume. all risk of damage to City's property, other than damage caused by the gross negligence or willful misconduct of District or its Representatives and City, on behalf of itself and its Representatives, hereby waives all claims therefor against District. District 2 shall be under no obligation to protect the property of City or its Representatives. City shall bear all risk of loss or damage thereto by whatever cause inflicted. (c) District shall have no duty to warn any person of any latent or patent defect, condition or risk that may exist in or around the Property (including the Acquisition Area) or that might be incurred in the exercise of the rights granted herein. City, on its behalf and on behalf of its Representatives, hereby waives all claims or actions against District in respect to the condition of the Property, including any defects or adverse conditions not discovered or otherwise known by City or District as of the date hereof. District makes no warranty or representation, express or implied, in respect of the Property (including the Acquisition Area), or any part thereof, either as to its fitness for use, design or condition for any particular use or purpose or otherwise. All persons who enter upon the Property (including the Acquisition Area) pursuant to this Agreement shall do so at their own risk. 4. District is the owner of the Property and has the right to convey to City the Easement over the Acquisition Area. 5. The City shall require all contractors and subcontractors for the Project to name District, its officers, employees and agents as additional insureds for all insurance required to be maintained by such contractors and subcontractors in connection with the Project. City shall also cause such contractors and subcontractors to procure an appropriate clause in, or an endorsement on, such insurance policies pursuant to which the insurance companies waive all right of recovery by way of subrogation in connection with any damage covered by any policy or consent to a waiver of a right of recovery against District. 6. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to District: Steve Robbins, General Manager-Chief Engineer Coachella Valley Water District PO Box 1058 85-995 Avenue 52 Coachella, CA 92236 Phone Number: (760) 398-2651 If to City: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Asst. Director of Public Works/Asst. City Engineer Phone Number: (760) 323-8253 ext. 8744 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@palmspringsca.gov 3 Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. 7. Each party affixing his or her signature to this Agreement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Agreement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 8. This Agreement entered into between the parties contains the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Agreement shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both the District and City. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, signed by all of the parties hereto. No provision contained herein shall be construed against any party solely because it prepared this Agreement in its executed form. 9. City shall not assign its rights or obligations hereunder without obtaining District's prior written consent, which consent may be withheld in District's sole discretion. Subject to the foregoing, this Agreement and the provisions contained herein shall be binding upon and inure to the benefit of the District, City, and their respective administrators, successors and assigns. 10. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, condition or provision contained in the Agreement. 11. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 12. Time is of the essence of this Agreement. Failure to comply with any requirement, including, but not limited to, any time requirement of this Agreement shall constitute a material breach of this Agreement. 13. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms 4 and provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. 14. City shall pay the District the sum of Nine Thousand Dollars ($9,000.00) upon the Effective Date for the District's conveyance of the Easement over the Acquisition Area in accordance with the terms hereof. Dated: July 7 , 2010 COACHELLA VALLEY WATER DISTRICT, a public gency 'tatei6f California BY: eve Kobbins General Manager-Chief Engineer Printed Name/Title CITY OF PALM SPRINGS, a California charter city By: David H. Ready, anager APPROVED BY CITY P XA', � ATTEST: ;By: mes Thompson, City Clerk APPROVED AS T FORM: WOODRUFF, ADLIN & SMART By: Dougla C. Holland, Esq., City Attorney Doc. No. 030427-1-007 030427-4-XXX 030435-2-XXX 5 EXHIBIT"A" INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION APNS 669-240-003 AND 669-330-017 PARCEL 1 THAT PORTION OF THE EAST ONE HALF OF SECTION 27, 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 THEREOF AND DESCRIBED IN DEED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT RECORDED JUNE 24, 1941 IN BOOK 506, PAGE 112, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 16.00 FEET OF THE EAST 46.00 FEET OF SAID SECTION 27. TOGETHER WITH: PARCEL 2 THAT PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 35, 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 THEREOF AND DESCRIBED IN DEED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT RECORDED JUNE 24, 1941 IN BOOK 506, PAGE 112, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF SAID SECTION 35 SOUTH 00019'41"WEST, 563.58 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89040'19" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00036'57" EAST, 793.66 FEET; THENCE SOUTH 44040'18" EAST, 39.04 FEET TO THE NORTH LINE OF SUNRISE PARKWAY AS DEDICATED PER TRACT MAP NO. 31848-1 FILED DECEMBER 27, 2006 IN BOOK 414 OF MAPS, PAGES 49 THROUGH 73, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE SOUTH 89059'51"WEST, 40.68 FEET TO SAID EAST LINE OF INDIAN CANYON DRIVE; THENCE ALONG SAID EAST LINE NORTH 00019'41" EAST, 821.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 89,678 SQUARE FEET, 2.059 ACRES, MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. \,AND 8 A. S /S 2 0/0 MICHAEL A. HAVENER, PLS 7354 bATE %p EXP. 12-31-11 F.xp.18/31/11 L, No.7354 Q 9,FDF CA����� PAGE 1 OF 1 EXHIBIT $$ B $$ 221 2 3 INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION 27 26 PARCEL 1 i� SEE DETAIL SEC. 27 I I SHEET 2 T. 3 S. i R. 4 E. S. B. M. CVWD APN 669-240--003 I SEC. 26 I 60' EXISTING ROAD R -- --- -- I (SEE NOTE THIS SHEET) 0 300 600 1200 o ^ I I LEGEND Lu I I INDICATES RIGHT-OF-WAY TO BE ACQUIRED I PARCEL 1 AREA = 83,744 SQ. FT. (1.922 ACRES), - I I MORE OR LESS Q7 I I CA CENTERLINE U ¢ I I R/W RIGHT-OF-WAY QQI � NOTE: ROAD ABSTRACT 338 APPROVED �p 4AND S� L Z Z I I BY THE BOARD OF SUPERVISORS DEC.v 10, 1892 IN BOOK 15 AT PAGE 150, RECORDS OF SAN DIEGO COUNTY. EXP. 31 DEC 11 OF CA4\F I CITY OF PALM SPRINGS PREPARED BY: KA 27 26 REVIEWED BY_ MH 3 4 3 PROJECT: INDIAN CANYON DRIVE SCALE: 1"=600' APN 669-240-003 DATE: 5-18--10 SHEET 1 OF 4 EXHIBIT $$ B $$ INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION 22 123 27 26 WEST LINE OF INDIAN SEC. 27 CANYON DRIVE T. 3 S. R. 4 E. S.B.M. , W 16 }..� 30' CVWD � 30' APN 669-240-003 z ^ SEC. 2 6 a J T. 3 S. R. 4 E. }- z S.B.M. z � v Q �* EAST LINE OF QQ � "' SECTION 27 d z Z: 60' EXISTING ROAD R (SEE NOTE SHEET 1) WEST LINE OF INDIAN CANYON DRIVE 27 26 34 35 PARCEL 1 „QUAIL NOT TO SCALE CITY OF PALM SPRINGS PREPARED BY: KA REVIEWED BY: MH SEE SHEET 1 FOR LEGEND PROJECT. INDIAN CANYON DRIVE SCALE: NOT TO SCALE APN 669-240-003 DATE: 5-18-10 SHEET 2 & 4 EXHIBIT " B INDIAN CANYON DRIVE RIGHT—OF—WAY ACQUISITION 27 126 3� 35 P.C.C. I THE BEARINGS ON THIS PLAT ARE BASED NW COR. ON THE CALIFORNIA COORDINATE SYSTEM SEC. 35 I OF 1983, ZONE 6. THE DISTANCES USED ARE GROUND DISTANCES. MULTIPLY IDISTANCES SHOWN BY 0.99997430 TO OBTAIN GRID DISTANCES. 0t IO W n Ch I a � I S 89'40'19- E rl30.00 I o T.P.O.B.�" I ISEC. 35 >- Z I 3Q, T. 3 S. R. 4 E. U ¢ 30I In I S.B.M. I � I Z Q 60' EXISTING I o Q Z5 ROAD R/W I 0 I c, I APN 669-330-018 (SEE NOTE I , SHEET 1) I coI � I Q PARCEL 2 I SEE DETAIL ' I SHEET 4 I I I I I I I 0 100 200 400 LEGEND I INDICATES RIGHT—OF—WAY TO BE ACQUIRED ( I n co PARCEL 2 AREA = 5,934 SO. FT. (0.136 ACRES)\ _ P.O.C. POINT OF COMMENCEMENT ry mm SUNRISE PKWY. T.P.O.B. TRUE POINT OF BEGINNING TRACT MAP NO. 31848-1 -�y M.B. 414 49-73 CA CENTERLINE CITY 1 OF PALM SPRINGS PREPARED BY: KA R/W RIGHT—OF—WAY REVIEWED BY: MH PROJECT: INDIAN CANYON DRIVE APNS 669-330-017 SCALE: 1" = 200' DATE: 5-18-10 SHEET 3 OF 4 EXHIBIT " B " INDIAN CANYON DRIVE RIGHT-OF-WAY ACQUISITION THE BEARINGS ON THIS PLAT ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM I OF 1983, ZONE 6. THE DISTANCES USED o ARE GROUND DISTANCES. MULTIPLY z z DISTANCES SHOWN BY 0.99997430 TO co OBTAIN GRID DISTANCES. m � 0 rl M 00 `�i to S 89*40'19"I E �-30.00' I T.P.O.B. Li p = SEC. 35 co Q CD T. I3 S. R. 4 E. Co S.B.M. W IZ 30' 30' �- Z Q 60' EXISTING ROAD R/W m I Q Z©i• (SEE NOTE APN 669-330-018 cm Z �r SHEET 1) W � I a v w 4 C7 I cl 2 W I - O )O 'w EAST LINE OF INDIAN �n I CANYON DRIVE NORTH LINE OF SUNRISE PKWY 40.68' _ S 89'59 51 W PARCEL-2 DETAIL NOT TO SCALE SUNRISE PKWY. CITY OF PALM SPRINGS PREPARED BY. KA SEE SHEET 3 FOR LEGEND REVIEWED BY: MH PROJECT: INDIAN CANYON DRIVE APNS 669-330-017 SCALE: NOT TO SCALE DATE: 5-18-10 SHEET 4 OF 4