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HomeMy WebLinkAbout05833 - RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTR MDP LINE 22 STAGE 2 Kathie Hart From: Marcus Fuller Sent: Thursday, June 23, 2016 9:01 PM To: Kathie Hart Cc: Tabitha Richards Subject: Re:A5833- Riverside County Flood Control Yes. , 410 1 Marcus L. Fuller, PE, PLS Assistant City Managenape r/ City Engineer City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 (760) 322-8380 Marcus.Fuller@palmsprings-ca.Pov On Jun 21, 2016, at 2:18 PM, Kathie Hart<Kathie.Hart@palmsprinas-ca.kov>wrote: This agreement is for Flood Control Improvements PS Drain Line 22 CP 07-15. All the easement deeds have been recorded. Project completed? OK to close the agreement file? /';�athle Kathie Hart, MMC Chief Deputy City Clerk LN!1A �fymi� CALIFORNIA },An nay:'saiSCn piva City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way (760) 322-8332 Palm Springs,CA 92262 G C Kothle.Hort@PalmSpringsCAyov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. <AEX32 Print.pdfl t :... RECORDING REQUSTED BY: 00C # 2010-0304620 06/30/2010 08:WR Fee:NC FIRST AMERICAN TITLE COMPANY Recorded page p1 of al Records Co++rky of Riverside WHEN RECORDED MAIL TO: Larry W. Ward Assessor, RIVERSIDE Clerk & RecorderERSIDE COUNTY FLOOD CONTROL AND )f +( f(� WATER CONSERVATION DISTRICT Illllllll�ll 1995 MARKET STREET RIVERSIDE, CALIFORNIA 92501-1770 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF CH exnM NO FEE(GOV. CODE 6103) 7: CTY I APN: 680-020-070-5 TRA: 011-00. EASEMENT DEED J4? I d- a N rn THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STC-SCSD 99&Re.R" p ......... .........N Recorded at request of,and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside,California 92501-1770 NO FEE(GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s)declare(s) Palm Springs MDP Line 22, Stage 2 DOCUMENTARY TRANSFER TAX$ NONE Project No. 6-0-00322 Storm Drain Easement RCFC Parcel No. 6322-500 � EASEMENT DEED The City of Pahn Springs, a municipal corporation, hereby Dedicates in Perpetuity to Riverside County Flood Control and Water Conservation District, a storm drain easement for flood control and drainage purposes for the construction,use,repair, reconstruction,inspection, operation and maintenance of storm drain facilities,and all appurtenant works,including ingress and egress thereto,over,under and across that certain real property situated in the City of Palm Springs,County of Riverside,State of California,described in legal description attached hereto as Exhibit"A" and shown in Exhibit "B" and made a part hereof. Assessor Parcel Number:portion of 680-020-070 CITY OF PALM SPRINGS, a municipal corporation: C � Date 1,20,116 By. David H.Ready, Ci ager, ATTESTS: APPROVED BY CITY COUNCIL JAMES THOMPSON, h a Clerk to City of Palm Springs O AS TO FORM By: City Attorney City Clerk (Seal) lat 67-�' Parcel 1 of PM 20508 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed,_ dated June 1,2010 from the CITY OF PALM SPRINGS to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DIS`I'RCCT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By: WARREN D. WILLIAMS General Manager-Chief Engineer 1 I I Project: Palm Springs MDP Line 22, Stage 2 Project No. 6-0-00322 APN: 680-020-070 RCFC Parcel No. 6322-500 IN THE C17Y OF PALM SPRINGS, CA EXHIBIT A JANUARY 9,2009 BEING A PORTION OF PARCEL 1 OF PARCEL MAP 20505 AS SHOWN BY MAP ON FILE IN BOOK 128, PAGES 49 AND 50 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE SOUTH 00'08'08" EAST ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 1 A DISTANCE OF 451.84 FEET, THENCE PERPENDICULAR FROM SAID WESTERLY BOUNDARY LINE NORTH 89'51'52" EAST A DISTANCE OF 20.46 FEET TO THE TRUE POINT OF BEGINNING (TPOB); THENCE SOUTH 20'20'25" WEST A DISTANCE OF 19.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 21.50 FEET THROUGH A CENTRAL ANGLE OF 61'3532; A RADIAL TO SAID POINT BEARS SOUTH 48'44'53" WEST; THENCE SOUTH 41'15'07" EAST A DISTANCE OF 39.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 34.56 FEET THROUGH A CENTRAL ANGLE OF 99'00'08; A RADIAL TO SAID POINT BEARS SOUTH 32'14'59" EAST; THENCE SOUTH 5745*01" WEST A DISTANCE OF 14.07 FEET; THENCE SOUTH 63'3546" WEST A DISTANCE OF 26.34 FEET, THENCE SOUTH 26'01'34" EAST A DISTANCE OF 14.00 FEET; THENCE NORTH 63'5826" EAST A DISTANCE OF 26.61 FEET; THENCE SOUTH 50'15'14" FAST A DISTANCE OF 42.06 FEET; THENCE NORTH 57'45'01" EAST A DISTANCE OF 20.92 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GENE AUTRY TRAIL (BOGIE ROAD) 100' WIDE, AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 67, PAGES 69 AND 70 OF RECORD OF SURVEYS, SAID POINT ALSO BEING THE BEGINNING OF A NON—TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2,808.43 FEET, A RADIAL TO SAID POINT BEARS NORTH 71'18'06" WEST; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 1.91 FEET THROUGH A CENTRAL ANGLE OF 00'02'20; A RADIAL TO SAID POINT BEARS NORTH 71'15'46" WEST, THENCE NORTH 14'14'44" WEST A DISTANCE OF 40.80 FEET; THENCE NORTH 30'28'24" WEST A DISTANCE OF 68.93 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3.75 FEET, RIVERSIDE COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT Prepared by. DMC design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessor's Parcel Number(s): 680-020-070 Date Exhibit Prepared: 1-9--2009 SHEET 1 OF 2 IN THE CITY OF PALM SPRINGS, CA EXHIBIT A JANUARY 9,20D9 THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 9.22 FEET THROUGH A CENTRAL ANGLE OF 140'48'49. A RADIAL TO SAID POINT BEARS NORTH 20'20'25" EAST; THENCE SOUTH 69'3935" EAST A DISTANCE OF 63.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 68.00 FEET; THENCE EASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 10.01 FEET THROUGH A CENTRAL ANGLE OF 8'25'52" TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF GENE AUTRY TRAIL (BOGIE ROAD), SAID POINT ALSO BEING THE BEGINNING OF A NON—TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2,808.43 FEET, A RADIAL TO SAID POINT BEARS SOUTH 69-32'17" EAST; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 18.29 FEET THROUGH A CENTRAL ANGLE OF 00'22'23" TO THE BEGINNING OF A NON—TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 08'4323" WEST; THENCE WESTERLY ALONG SAID NON--TANGENT CURVE AN ARC DISTANCE OF 10.14 FEET THROUGH A CENTRAL ANGLE OF If'37'02, A RADIAL TO SAID POINT BEARS SOUTH 20-20'25" WEST; THENCE NORTH 69439'35" WEST A DISTANCE OF 94.43 FEET TO THE TRUE POINT OF BEGINNING (TPOB). CONTAINS 0.13 ACRES (5,714.53 SF), MORE OR LESS. THE HEREIN ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT B. N SURVEYOR'S NOTE: EDWARD J. THIS DOCUMENT WAS PREPARED RY ME, OR BONADIMAN UNDER MY DIRECTION IN CONF CE WITH O THE PR SIONAL b S 'S ACT L.S. 7529 Exp. 12-31--09 EDWARD J. RO b MAIY, P.LS. 7529 RIVERSIDE COUNT'FLOOD CONTROL& EXP. 12-31-09 WATER CONSERVATION DISTRICT Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessors Parcel Number(s): 680-020-070 Date Exhibit Prepared: 1-9-2009 SHEET 2 OF 2 ' 1N THE CITY OF PALM SPRINGS, CA V EXHIBIT B JANUARY 9,2009 1 4 �. POR. PARCEL 2 PARCEL MAP �o��� LOT 31 POINT OF PARCEL 1 ,�050$ PM 128, PG 49 COMMENCEMENT PARCEL 1 N7r•rs'4g luco IVjr. On DETAIL 9 ° aLO EG NNING (P08)POINT OF PARCEL MAP 1• — 15 20508 L 1 PM 128, PG 49 PARCEL 1 0 o O � O 48'44'53"W 5s93g�S �6'9 09 S RAD .S'� p. £ 6.3 r v`O ' �\ 1-10 jS � �O•Sa N69`32'' Q�C LOT 31 S32'14'59"E V / vQ� PALM VALLEY COLONY LANDS / s SECTION T4S R5E9, k SEE DETAIL THIS SHEET 1 O' MB 14,�PG 852, N. RECORDS OF SAN DIEGO, CA �ro ssp• N� / o GRAPHIC SCALE a'• � �,1 �� �r•r 30 0 16 30 60 Rqp LEGEND 1 inch= 30 R. RIVERSIDE COUNTY FLOOD CONTROL& LIMITS OF EASEMENT WATER CONSERVATION DISTRICT Prepared by. DMC Design Group - STREET CENTERLINE Address: 140 N. Maple Street, Suite 104 EXISTING RIGHT OF WAY Corona, CA 92880 LOT LINE Scale: 1"-30' NOTE: FOR LINE AND CURVE INFORMATION Assessor's Parcel Number(s): 680-020-070 SEE SHEET 2. Date Exhibit Prepared: 1--2 2009 SHEET 1 OF 2 IN THE CITY OF PALM SPRINGS, CA EXHIBIT B JANUARY 9,2009 LINE TABLE LINE LENGTH BEARING L 1 20.46' N89'51'52"E L2 19.62' S20'20'25"W L3 14.07' S5745'01"W L4 26,34' S63'35'46W L5 14,00' S26'01'34"E L6 26.6 1' N63'58'26"E L7 20.92' N57'45'01"E CURVE TABLE CURVE RADIUS LENGTH DELTA TANGENT C 1 20.00' 21.50 61'3532" 11.92' C2 20.00' 34.56' 99,00,08" 23.42' C3 2808.43' 1.91' 0'02'20" 0.95' C4 3.75' 9,22' 140'48'49" 10.54' C5 68.00' 10.01' 82552" 5.01' C6 2808.43' 18.29' 0'22'23" 9.14' C7 50.00' 10,14' 11*37'02" 5.09' SURVEYOR'S NOTE. EDWARD J. THIS DOCUMENT WAS PREPARED BY ME, OR N Bdt�lADIMA UNDER MY DIRECTION IN CONFORMANCE WITH 1.5. IMA 0 THE PR SIO NAL LAND S OR'S ACT * 529 Exp. 12-31-09 EDWARD J. SONADIMAN, P.L.S. 7529 RIVERSIDE COUNTY FLOOD CONTROL& EXP. 12-31-09 WATER CONSERVATION DISTRICT Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessor's Parcel Number(s): 680-020-070 Date Exhibit Prepared: 1-9-2009 SHEET 2 OF 2 A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of D 49-., On 610/1401� before me, A141C! ,v'9 ik,- / , Data Here Insert Name and Title of the Ofticer personally appeared .D -44 Y Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(W whose name(if Is/arsw subscribed to the within instrument and acknowledged to me that. he/s eg&-executed the same in hisAwWk eir authorized Wh LYNN BOSWELL capacity(b-*, and that by his/hers signatures) on the CAL�UR rd�f'fx185ttF instrument the erson or the entity!r0'TARY PI1BlIC� t�A� P r�, h upon behalf of RNERSIMcW?!1 w which the personKacted, executed the instrument. Camlfi2alotf MAY t820i3 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 Place Notary Seal Above Ignature of Notary PubNt= OPTIONAL Though the Information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: e ��c Document Date: 10 Number of Pages: iv Signer(s)Other Than Named Above: AJf 74 Capaclty(ies)^^Claimed by Signer(s) Signer's Name:)A- l jD -14 -ReA-bV Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer--Title(s): ❑ Partner—❑Limited ❑ General ❑Partner--❑ Limited ©General _ _ ❑ Attorney in Fact 0 Attorney in Fact ` ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Q"Other: Q O - ❑Other: Sign%Is Representi Signer Is Representing: 02007 National Notary A68oCfation•M50 De Soto Ave.,P.O.Box 2402•ChaWNorth,CA 91313-2402•www.NadonalNotaryorg Item N5907 Reorder:C.a[Toh-Free 7-809-u76-6827 RECORDING REQUSTED BY: FIRST AMERICAN TITLE COMPANY DOC # 2010-0304621 06/30/2010 08:00A Fee:NC Page 1 of 18 WHEN RECORDED MAIL TO: Recorded in Official Records Cowi4X.of Riverside RIVERSIDE COUNTY FLOOD CONTROL AND I + Larry W. Ward WATER CONSERVATION STREET DISTRICT ftsessor, County Clerk(IIIIII IIIIIII IIIf III IIII�I III IIIIIIII I!I IIIII II Recorder 99 MARKET RIVERSIDE,CALIFORNIA 92501-1770 S RLUPAGE SIZE DA MISC LONG RFP COPY M A 465 426 1 PCOR NCOR SMF' CH �E�nhl NO FEE(GOV.CODE 6103) T: CTY uw U APN:680-020-010-1.680-020-028-8.680-920 055-2 680-020-070-5 LTRA: 011-003 � EASEMENT DEED Ohl N I tr lD a i N f♦ M i. i; I I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (S3.00 Additional Recording Fee Applies) src-scso rz.a�wn I I' i i i I I, i I Recorded at request of and return to: Riverside County Flood Control and Water Conservation District I 1995 Market Street Riverside,California 92501-1770 i i NO FEE(GOV,CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s)declare(s) Palm Springs MDP Line 22,Stage 2 DOCUMENTARY TRANSFER TAX$ NONE Project No.6-0-00322 Stoma Drain Easement RCFC Parcel No.6322-501 EASEMENT DEED The City of Palm Springs, a municipal corporation,hereby Dedicates in Perpetuity to Riverside County Flood Control and Water Conservation District, a storm drain easement for flood control and drainage purposes for the construction,use,repair,reconstruction,inspection,operation and maintenance of storm drain facilities,and all appurtenant works,including ingress and egress thereto,over,under and across that certain real property situated in the City ofPalm Springs,County of Riverside,State of California,described in legal description attached hereto as Exhibit"A"and shown in Exhibit"B" and made a part hereof, Assessor Parcel Number:portions of 680-020-010,-028,-055&-070 CITY OF PALM SPRINGS, a municipal corporation: Date 01"Y11AOle gy. �— � - David H.Read ager, ATTESTS: APPROVED By CITY COUNCIL TAMES THOMPSON, �j- Clerk to City of Palm Springs APP O AS TO FORM I . Y 'Ci Clerk (Seal) �9ty Attorney i Oat$ Lots 18, 19,30&31 of M13 14/562 wME�71 CERTIFICATE OF ACCEPTANCE This is to certify that the ;interest in real property conveyed by the Easement Deed, dated June 1,2010 from the_CITY OF PALM SPRINGS to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961,and the grantee consents to the recordation thereof by its duly authorized officer. Date 4 6 Q By: WARREN D.WILL S General Manager-Chief Engineer i I' i i I i I i Project:Palm Springs MDP Line 22,Stage 2 Project No.6-0-00322 APN:680-020-010,680-020-028,680-020-055&680-020-070 RCFC Parcel No.6322-501 1N THE CITY D1" PALM SPRINGS CA � EXHIBIT A JANUARY 9,2W9 BEING A PORTION OF LOTS 18, 19, 30, AND 31 OF THE PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14, PAGE 652, RECORDS OF SAN DIEGO COUNTY AND PARCEL 1 OF PARCEL MAP 20508 AS SHOWN IN BOOK 128, PAGES 49 THROUGH 50, RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCING AT THE CENTERLINE INTERSECTION OF VELLA ROAD AND MESQUITE AVENUE AS DESCRIBED BY MAP ON FILE IN BOOK 13, PAGE 22 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, THENCE SOUTH 59*53,52" FAST ALONG SAID CENTERLINE OF MESQUITE AVENUE A DISTANCE OF 45.08 FEET; THENCE SOUTH 00'06'20" EAST A DISTANCE OF 582.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 65.00 FEET, SAID POINT ALSO BEING THE 77?UE POINT OF BEGINNING (Inn), THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 12.70 FEET THROUGH A CENTRAL ANGLE OF 11-11'47" A RADIAL TO SAID POINT BEARS SOUTH 78'54'33" EAST,• THENCE SOUTH 11'05'27' WEST A DISTANCE OF 92.03 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE EASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 6.86 FEET THROUGH A CENTRAL ANGLE OF 11'13.19", A RADIAL TO SAID POINT BEARS NORTH 89*52*08" EAST, THENCE SOUTH 00'07 52" EAST A DISTANCE OF 687.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 65.00 FEET; THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 25.53 FEET THROUGH A CENTRAL ANGLE OF 22'30'00", A RADIAL TO SAID POINT BEARS SOUTH 67'37'52" EAST- THENCE SOUTH 22'22'08" WEST A DISTANCE OF 93.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 35.00 FEET, THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 13.69 FEET THROUGH A CENTRAL ANCLE OF 2225'06; A RADIAL TO SAID POINT BEARS NORTH 89'57'02" WEST; THENCE SOUTH 00'0258" EAST A DISTANCE OF 333.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 25.95 FEET THROUGH A CENTRAL ANGLE OF 42'26'50; A RADIAL TO SAID POINT BEARS SOUTH 4728'12" WEST; RIVERSIDE COUNTY FLOOD CONTROL& WATER CON$ERVATION DISTRICT Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessors Parcel Number(s): 680-070-010, 680-020-028, 680-020-052, 680-020-055 650-020-070 Date Exhibit Prepared: 1-9-2009 SHEET I OF 3 IN THE CITY OF PAW SPRINGS, CA EXHIBIT A JANUARY 9,2009 THENCE SOUTH 4231'48" EAST A DISTANCE OF 49.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 85.00 FEET; THENCE EASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 42.39 FEET THROUGH A CENTRAL ANGLE OF 28'3425", A RADIAL TO SAID POINT BEARS SOUTH 18'53'47" WEST; THENCE SOUTH 71*06*13" EAST A DISTANCE OF 576.97 FEET TO THE BEGINNING OF A TANGENT CURVE; CONCAVE SOUTHERLY AND HAVING A RADIUS OF 65.00 FEET, THENCE EASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 51.03 FEET THROUGH A CENTRAL ANGLE OF 4458'53 A RADIAL TO SAID POINT BEARS NORTH 63'52'40" EAST; THENCE SOUTH 26'07'20" EAST A DISTANCE OF 150.75 FEET; THENCE SOUTH 6352'40" WEST A DISTANCE OF Z90 FEET; THENCE SOUTH 50'21'00" EAST A DISTANCE OF 43.86 FEET; THENCE SOUTH 6352'40" WEST A DISTANCE OF 50.19 FEET, THENCE NORTH 01'53'40" WEST A DISTANCE OF 43.86 FEET; THENCE SOUTH 63'52'40" WEST A DISTANCE OF 7.90 FEET; THENCE NORTH 26'07'20" WEST A DISTANCE OF 150.75 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 35.00 FEET,• THENCE WESTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 27.48 FEET THROUGH A CENTRAL ANGLE OF 4458'53; A RADIAL TO SAID POINT BEARS NORTH 18'53'47" EAST,• THENCE NORTH 71'06'13" WEST A DISTANCE OF 576.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 115.00 FEET; THENCE WESTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 57.35 FEET THROUGH A CENTRAL ANGLE OF 28'3425, A RADIAL TO SAID POINT BEARS SOUTH 47*28'12" WEST; THENCE NORTH 42'31'48" WEST A DISTANCE OF 49.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 65.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 48.19 FEET THROUGH A CENTRAL ANGLE OF 42'28'50", A RADIAL TO SAID POINT BEARS SOUTH 89*57'02" WEST, RIVERSIDE COUNTY FLOOD CONTROL 6 WATER CONSERVATION DISTRICT Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92680 Scale: N/A Assessors Parcel Number(s): 680-020-010, 680-020-026, 680-020-052, 680-020-055 680--020--070 Date Exhibit Prepared: 1-9-2009 SHEET 2 OF 3 i I. IN THE CITY OF PALM SPRINGS, CA EXHIBIT A i JANUARY 9,2009 THENCE NORTH 00'0258" WEST A DISTANCE OF 333.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 65.00 FEET, THENCE NORTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 25.43 FEET THROUGH A CENTRAL ANGLE OF 22'25'06, A RADIAL TO SAID POINT BEARS NORTH 67'37'52" WEST;• THENCE NORTH 22'22'08" EAST A DISTANCE OF 93.34 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 35.00 FEET,• THENCE NORTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 13.74 FEET THROUGH A CENTRAL ANGLE OF 22'30'00", A RADIAL TO SAID POINT BEARS NORTH 99'52'08" EAST; THENCE NORTH 00'0752" WEST A DISTANCE OF 687.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 65.00 FEET, THENCE NORTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 12.73 FEET THROUGH A CENTRAL ANGLE OF 11'13'19", A RADIAL TO SAID POINT BEARS NORTH 78'54'33" WEST; THENCE NORTH 11'05 27" EAST A DISTANCE OF 92.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 6.84 FEET THROUGH A CENTRAL ANGLE OF 11'11'47, A RADIAL TO SAID POINT BEARS NORTH 89'53'40" EAST; THENCE NORTH 89*53*40' EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING (TFOB). CONTAINS 1.52 ACRES (66,377.39 SF), MORE OR LESS. ? THE HEREIN ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT B. i i. SURVEYOR'S NOTE: EDWARD J. THIS DOCUMENT WAS PREPARED BY ME OR BDNADIMAN UNDER MY DIRECTION IN CONFORMANCE WITH L.S. 7529 THE PROFESSIONAL LAND RII Y 'S ACT * Exp. 12-31-09 RIVERSIDE COUNTY FLOOD CONTROL& `� WATER CONSERVATION DISTRICT EDWARD J. 90NAMM4AN, P.L. . 7529 Prepared by: DMC Design Group EXP. 12-31-09 Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessor s Parcel Number(s): 680-020-010, 680-020-028. 680-020-052, 680--020--055 660---020-070 Date Exhibit Prepared: 1-9-200 SHEET_,,,3- OF 3 IN THE CITY OF PALM SPRINGS, CA EXHIBIT B JANUARY 9,2009 �7 Q la I PARCEL MAP 13,PAGE 22 I PARCEL 3 PARCEL 2 PARCEL 1 POINT OF MESQUITE AVENUE COMMENCEMENT L1 I LU PALM VALLEY COLONY LANDS 41N SECTION 99, US, R5E o l MB 14,PG 652,RECORDS OF SAN DIEGO, CA N 89'53'40" E of AD L 31 TRUE POINT OF BEGINNING (TPOB) LOT 19 Cl LOT 18 HAD)54'33" W 30 C 14 S 78' 4' " RAD C 13 C2 N 89'52'08" E RA SEE DETAIL 1- THIS SHEET N 78'5433" W .24 G13 LN8 "WE I CN LOT 19 - LOT 18 n n No NO 00 �� n^ nr 0 o S00 o� � � o 00 DETAIL 9 N 9'52'08" E RAD POR. POR. POR. LOT30 0, LOT 31 LOT 31 SEE E SHEET 2 LEGEND LIMITS OF EASEMENT w STREET CENTERLINE — — — EXISTING RIGHT OF WAY RIVERSIDE COUNTY FLOOD CONTROL& LOT LINE WATER CONSERVATION DISTRICT NOTE. FOR LINE AND CURVE INFORMATION Prepared by: DMC Design Group SEE SHEET 3. Address: 140 N. Maple Street, Suite 104 Corona. CA 92880 GRAPHIC SCALE Scale: 1"=100' 7pD ° 00 100 200 Assessor's Parcel Number(s): 680-020-010, 660-020-028, 680--020-052, 680-020-055 680-020--070 1 inch= 100 ft. Date Exhibit Prepared: 1-9 2.009 SHEET 1 OF 3 i. 1N THE CITY OF PALM SPRINGS, CA EXHIBIT B JANUARY 9,20o9 �a r� ' MA 1 E;HLINL: y �N SEE S EET 1 N 89'52'08" E U cso �? N S 37 2" L5 3p C12 RAD N 6737' " W v L9 6 AD C11 C4 N 89'57'02" W aD DETAIL,2 1" = 50' { q a PALM VALLEY COLONY LANDS 0 o SECTION 19, US, R5E MS 14,PG 652,RECORDS OF SAN DIEGO,CA i POR. C0 00 POR. LOT 30 LOT 31 s 47.2 '12" W PARCEL MAP S 8957'02" W C5 20508 PM 128,PG 49 r b S 18' 3'47" W POR. PARCEL 1 S 4D7'28'12" W b / O ��7'06�3 POR. 5�B�� r> RAD 5 '4 " / LOT 30 T.INS296924, 1990 w CS NN zLO c� o ba sir.b, v Z 1A. LEGEND } F NT SEE DETAIL 2�\ LIMITS 0 EASEME THIS SHEET r,001 STREET CENTERLINE l / — — — EXISTING RIGHT OF WAY LOT LINE NOTE: FOR LINE AND CURVE INFORMATION SEE SHEET 3. RIVERSIDE COUNTY FLOOD CONTROL 4 / 50 / 50, / WATER CONSERVATION DISTRICT I Prepared by: DMC Design Group i Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 GRAPHIC SCALE stole: I"-100' 100 100 sao I Assessor's Parcel Number(s): 680-020-010, 660-020-028, 680-020-052, 600-020-055 680-020-070 1 inch= 100 it. Date Exhibit Prepared: 1-9-2009 SHEET 2 OF 3 I IN THE CITY OF PALM SPRINGS, CA EXHIBIT B JANUARY 9,2009 I LINE TABLE LINE LENGTH BEARING L 1 45.08 S8953'52 E L2 92.03' S1I'05'27"W L3 93.34' S2222'08"W L4 49.99' S42'31'48 E ML7 7.90' S63'5240'W 43.86' S50'21'00'E 50.19' S6352'40"W 43$g' N01'53'40"W7.9p' S63'52'40'W L l 0 49.99' N42'31'48"W L 11 93.34 1 N22'22'08 P L 12 92.03' 1 N 1 1'05'27"E . L 13 30.00' N89'53'40 E CURVE TABLE CURVE RADIUS LENGTH DELTA TANGENT C 1 65.00' 12.70' i 1"1 1'47" 6.37' C2 35.00' 6.86' 11'13,19" 3.44' C3 65.00' 25.53' 22'30'00" 12.93' C4 35.00' 13.69' 2.2 25'06" 6.94' C5 35.00' 25.95' 42'28'50" 13.60' C6 85.00' 42,39' 28'3425" 21.65' C7 65.00' S I.0,Y 44'58'53" 26.91' C$ 35.00' 27.48' 44'58'53" 14.49' C9 115.00' 57.35' 28'3425" 29.29' C 1 O 65.00' 48.19' 4228'50" 25.26' C11 65.00' 25.43' 22'25'06" 12.88' C 12 35.00 13.74' 22'30'00" 6.96' C13 65.00' 12.73' 11,13,19" 6.39' C 14 35.00' 6,84' 1 1'11'47" 3.43' SURVEYORS NOTE. EDWARD J. THIS DOCUMENT WAS PREPARED BY ME, OR BONADIMAN UNDER MY DIRECTION IN CONFORMANCE WITH LS. 7529 a THE PROFOMNAL LAND SUFNQVRs ACT * Exp. 12-31-09 RIVERSIDE COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT EDWARD d. awbimAN, P.L.S. 7529 Prepared by: DMC Design GroupP• 12-31-08 Address: 140 N. Maple Street, Suite 104 Corona, CA 92580 Scale: N/A Assessors Parcel Number(s): 680-020-010, 680-020-028, 680-020-05Z 680-020-055 680-020-070 Date Exhibit Prepared: 1-9-2009 SHEET 3 OF 3 I a i . i i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of-ji/PR.5!p v, } On �� /a0/0 �� before me, i uJLC �j// Oats '' '' Here Irmart Ns afid Tale of im Onlowl ' personally appeared 781A-6 Nama(e) prier a who proved to me on the basis of satisfactory evidence to be the person')whose namepo istaod subscribed to the within instrument and acknowledged to me that he/sheM*f executed the same in him authorized capacity64 and that by hisMeA*W signatufepV on the instrument the personA, or the entity upon behalf of which the person(}'acted,executed the instrument. OS11�0 NOTARY Ill" CAL�ONlMI1 RtYomCOtllftY 1 certify under PENALTY OF PERJURY under the laws MAY&M of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seat Alias (Pigna Signature furs of Piplauy PWIk.. OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document a � Title or Type of Document: f. !�,/ � � O6lell-2 �/p Document Date: Number of Pages• Signers)Other Than Named Above: Capacity(lies)Claimed by�Signer(s) Signer's Name: Signer's Name: ! . ❑ Individual ❑Individual ❑ Corporate Officer--Tide(s): ❑Corporate Officer—Mtle(s): ❑ Partner—❑Limited ❑General Li Partner—❑Limited I J General ❑ Attorney In Fact MINIM ❑Attorney in Fact Q TfUStBB Top of thumb here ❑TrusteeTop of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator &'Other._dd,�, l�➢afCtR'e J MOther:__ Sign 'r le Represen g: Signer Is Representing: �• Lt•.I i. r= 02007 Natimet Notary AsgogM--9MIt.Soto A—,P..O.Etc.24M-Chat9-dh�CA 973j".4o2•www.Na&nWWaryag Nem R5e07 Rwrdw..CaNW-rme1-100-876-sa27 is RECORDING REQUSTED BY: DOC # 2010-030462206/30/2010 08:M Fee:NC Pape 1 of 7 FIRST AMERICAN TITLE COMPANY Reoordad In Official Records County of Riverside WHEN RECORDED MAIL.TO: Larry W. uard i RIVERSIDE COUNTY FLOOD CONTROL AND a59e6sor II IIII 1110 IIIIIIIIfIIIflIIIIIIIIIIIIIWATER CONSERVATION DISTRICTI 1995 MARKET STREET RIVERSIDE,CALIFORNIA 92501-1770 S R U PAGE SIZE DA MISC LONG RFD ECOPYM A L 465 426 PCOR NCOR SMF C NO FEE(GOV.CODE 6103) T: CTY UNI APN:680-020-010-1 68 - 0-052-9 TRA:011-003 EASEMENT DEED r•I ry 0 rn I I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) i I i. I 1 i i Recorded at request of,and return to: Riverside County Flood Control and Water Conservation District 1995 Market.Street Riverside,California 92501-1770 I E NO FEE(GOV_CODE 6103) SPACE.ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s)declare(s) Palm Springs MDP Line 22,Stage 1. DOCUMENTARY TRANSFER TAX$_NONE_ Project No.6-0-00322 Storm Drain Easement RCFC Parcel No.6322-502 EASEMENT DEED The City of Palm Springs, a municipal corporation,hereby Dedicates in Perpetuity to Riverside County Flood Control and Water Conservation District, a storm drain easement for flood control and drainage purposes for the construction,use,repair,reconstruction,inspection,operation and maintenance of storm drain facilities,and all appurtenant works,including ingress and egress thereto,over,under and across that certain real property situated in the City ofPalm Springs,County of Riverside,State of California,described in legal description attached hereto as Exhibit"A"and shown in Exhibit'B" and made a part hereof. Assessor Parcel Number:portions of 680-020-010&052 CITY OF PALM SPRINGS, a municipal corporation: r Date David H.Ready, ger, ATTESTS: JAMES THOMPSON, APPROVED By CITY COUNCIL Clerk to City of Palm Springs APPR AS TO 1101RM TO y� 'r City Clerk (Seal) City ZAtt=�,y Lots 18&19 of MB 1 A/562 f i I I. i CERTIFICATE;OF ACCEPTANCE i I This is to certify that the interest in real property conveyed by the Easement Deed, dated June 1,2010 from the CITY OF PALM SPRINGS to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961,and the grantee consents to the recordation thereof by its duly authorized officer. Date C� By WARREN D.WILLIAMS General Manager-Chief Engineer i Project:Palm Springs MDP Dine 22,Stage 1 j Project No.6-0-00322 APN:680-020-010&680-020-052 RCFC Parcel No.6322-502 I. i IN THE CITY OF PALM SPRINGS, CA EXHIBIT A JANUARY 9,2009 BEING A PORTION OF LOTS 18 AND 19 QF THE PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14, PAGE 652, RECORDS OF SAN DIEGO COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE NARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSEC77ON OF CALLE SANTA CRUZ AND MESQUITE AVENUE AS DESCRIBED IN THE SUNNY DUNES TRACT NO. 3 AS SHOWN BY MAP ON FILE IN BOOK 40, PAGE 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, THENCE ALONG CENTERLINE OF MESQUITE AVENUE SOUTH 89'51'20" EAST A DISTANCE OF 37.03 FEET TO THE TRUE POINT OF BEGINNING (TPOB); THENCE CONTINUING SOUTH 89'51 20" EAST ALONG SAID CENTERLINE OF MESQUITE AVENUE A DISTANCE OF 475.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 39'51'34" EAST; THENCE SOUTHEASTERLY ALONG SAID NON--TANGENT CURVE AN ARC DISTANCE OF 25.24 FEET THROUGH A CENTRAL ANGLE OF 22'15'03' TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 62'06'37" WEST; THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE AN ARC DISTANCE OF 37.65 FEET THROUGH A CENTRAL ANGLE OF 61*57*57" TO A POINT 38.00 FEET SOUTH OF SAID CENTERLINE OF MESQUITE AVENUE A RADIAL TO SAID POINT BEARS SOUTH 00*08*40" WEST,• THENCE PARALLEL AND 38.00 FEET SOUTHERLY OF SAID CENTERLINE OF MESQUITE AVENUE SOUTH 89'51'20" EAST A DISTANCE OF 94.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET,• THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 101.80 FEET THROUGH A CENTRAL ANGLE OF 89'43'58, A RADIAL TO SAID POINT BEARS NORTH 89'52'38" EAST; THENCE SOUTH 00'0722" EAST A DISTANCE OF 479.44 FEET; THENCE SOUTH 89'52'38" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 00'07'22" WEST A DISTANCE OF 479.44 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 54.82 FEET THROUGH A CENTRAL ANGLE OF 89'43'58; A RADIAL TO SAID POINT BEARS NORTH 00'08'40" EAST,• RIVERSIDE COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT Prepared by: DMC Design Group i Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: NIA Assessors Parcel Number(s)_ 680-020-010, 680-020-052 Date Exhibit Prepared: 1-9-2009 SHEET._L OF 2 IN THE CITY OF PALM SPRINGS, CA EXHIBIT A JANUARY 9,2009 THENCE NORTH 89'51 20" WEST A DISTANCE OF 94.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A R401US OF 65.00 FEET, THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 70.30 FELT THROUGH A CENTRAL ANGLE OF 61'5757" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 62'0637" EAST; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE AN ARC DISTANCE OF 37.65 FEET THROUGH A CENTRAL ANGLE OF 61'5757, A RADIAL TO SAID POINT BEARS NORTH 00*05'40 EAST,• THENCE NORTH 89'51'20" WEST A DISTANCE OF 434.28 FEET; THENCE NO H 00'08'40" EAST A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING (MB); CONTAINS 0.66 ACRES (28,893.75 SF), MORE OR LESS, THE HEREIN ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT B. SURVEYORS NOTE. EDWARD J. THIS DOCUMENT WAS PREPARED BY ME; OR DONADIMAN ^� UNDER MY DIRECTION IN CONFORMANCE WITH LS. 7529 m TH6 ONA4 LAND VE1OR'S ACT * Exp. 12-31-09 RIVERSIDE COUNTY FLOOD CONTROL& � EDWARD J. BONADIMAN, P.L.S. 7529 WATER CONSERVATION DISTRICT EW. 12-31--09 Prepared by: DMC Design Group Address: 140 N. Mople Street, Suite 104 Corona, CA 92880 Scale: NIA Assessors Parcel Number(s): 680-020-010, 680-020-052 Date Exhibit Prepared: 1-9-2009 SHEET-Z- OF 2 I IN THE CAY OF PALM SPRINGS CA EXHIBIT B , Q JANUARY 9,2009 4 O a p ~ SUNNY DUNES TRACT NO.3 Q "I MB 40,PG 34 W Q W U)j:N I O sa 81 ao' 79 78 77 76 N 75 2 W U — n Co — 1 Q— --- MESQUITE AVENUE z v, v, z t N89•5 12a w 434.28 - L2 TRUE POINT OF "' Q BEGINNING (TPOB) ~ L 00 POINT OF COMMENCEMENT 9 i p LOT 19 W W S A PALM VALLEY COLONY LANDS ' .� SECTION 19, T4S, R5E o o MB 14,PG 652,RECORDS OF SAN DIEGO, CA m w d zz LINE TABLE z d LINE LENGTH BEARING g L 1 37.03' S89'51'20"E L2 94.29' S89'51'20"E v' L3 94.29' N89.51'20"W 30' L4 15.00' N00•0840 E CURVE TABLE CURVE RADIUS LENGTH DELTA TANGENT ai C 1 65,00' 25.24' 22'15'03" 12.78' ^� C2 35.00' 37.85' 61'5757" 21.02' C3 65.00' 101. 0' 89.4358" 64.70' C4 35.00' 54.82' 89'4358" 34.84' C5 65.00' 1 70.30 1 61.5757" 1 39.03' C6 35.00' 37.85' 61.57'57" 21.02' jt� LEGEND S 89'5238" W 30.00, 1.....� LIMITS OF EASEMENT - STREET CENTERLINE - -- — EXISTING RIGHT OF WAY LOT LINE SURVEYOR'S NOTE., EDWARD J. THIS DOCUMENT WAS PREPARED BY ME, OR BONADIAIAN UNDER MY DfRECTION IN CONFORMANCE WMI L.S. 7529 THE PROFESSIONAL LAND SU pR S ACT Exp. 12-31-09 DF C,AL\ RIVERSIDE COUNTY FLOOD CONTROL& EDWARD J. BpIVAIfP.L.S. 7529 WATER CONSERVATION DISTRICT EXP. 12-31-09 Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 104 Carona, CA 92880 Scale: 1"=t00' GRAPHIC SCALE Assessor's Parcel Number(s): 680-020-010, 7°0 o so ,00 xoo 680-020-052 Date Exhibit Prepared: 1-9-2009 1 inch- 100 ft. III( CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0'j'7- ®� a26�p before me, _ �R/ �u!]r� LU40-- ' aL2?' -PA161" Data Here Insert Name and TRIO o RM officer personally appeared �,40 Nerve(s)of yne s who proved to me on the basis of satisfactory evidence to be the person)whose named Wane-subscribed to the within instrument and acknowledged to me that he/skAhey executed the same in hisitKofteir authorized capacity(ies),and that by hi0faMheir-signature on the INWI QSIIYELI. instrument the person(, or the entity upon on of C9C6V'-tti1a811140 which the personoj acted,executed the instrument. NOTARrK*uc• RN DE Cttl'Y ~ MLMEtMnM " 29 2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myy haan{.d�aanJdd official seal. Piece Notary Seal Above Signature ' 'U""-"�""f"��f- . Nolory Public OPTIONAL Though the information below is not required by taw,it may prom valuable to persons relying on the doarment and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document.2alewz ✓ � ,iC G �' �'a -sC� Document Date: 'L(Ae- Number of Pages: __-5�;�� _1 _ Signer(s)Other Than Named Above: 1j1 Capacity(ies)Claimed by Signer(s) Signet's Name: �J • � Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Wells): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General El Attorney in Fact MINIM ❑Attorney in Fact ❑ Trustee Top of thumb here p Trustee Top of thumb here ❑ Guardian r Consery for ElGuardian or Conservator Other: ❑Other 51 er is Repr entin Signer Is Representing: i ®2W7NmlRral Noeary ASsaciaGon+A3.`iD ne Soto Ava.,Y.O.t1u11 T90T-ChaleNabr,CA 9131&2402•xww.NafianaWUaryag Item/5807 rivorder:GaIITdFFrige l$p�87$-BB2/ I I. DOC ## 201 @-0304623 RECORDING REQUSTED BY: 06/30/2010 08:00A Fee:NC Page 1 of 6 FIRST AMERICAN TITLE COMPANY Recorded in Official Records County of Riverside Larry W. Ward WHEN RECORDED MAIL TO; Assessor, County Clerk & Recorder RIVERSIDE COUNTY FLOOD CONTROL AND I IIIIII I[illll III ill I III III I(II IIII III III I IIII(III I III WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE,CALIFORNIA 92501-1770 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF CHG 'M NO FEE(GOV. CODE 6103) r: err I APN: 680-020-053-0 TRA: 011-003 EASEMENT DEED T 042 t N I el' lt7 C� N m THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3,00 Additional Recording Fee Applies) 6TC-SC8�99h�Rerfgn Recorded at request of,and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside,California 92501-1770 NO FEE(GOV.CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s)declare(s) Palm Springs MDP Line 22,Stage 2 DOCUMENTARY TRANSFER TAX$ NONE Project No. 6-0-00322 Storm Drain Easement RCFC Parcel No. 6322-503 EASEMENT DEED The City of Palm Springs, a municipal corporation, hereby Dedicates in Perpetuity to Riverside County Flood Control and Water Conservation District, a storm drain easement for flood control and drainage purposes for the construction,use,repair,reconstruction,inspection,operation and maintenance of storm drain facilities,and all appurtenant works,including ingress and egress thereto,over,under and across that certain real property situated in the City of Palm Springs,County ofRiverside,State of California,described in legal description attached hereto as Exhibit"A" and shown in Exhibit"B" and made a part hereof Assessor Parcel Number:portion of 680-020-053 CITY OF PALM SPRINGS, a municipal corporation: Date Y= David H.Ready, anager, ATTESTS: APPROVED BY CITY COUNCIL JAMES THOMPSON, uth 3 Clerk to City of Palm Springs 4�ROAS TO I~ Kq By. _ AttornoCity Clerk (S ) Oats .. •afQ..-. Lot 21 of MB 14/562 6 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed, dated June 1,2010 from the_CITY OIL PALM SPRINGS to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. D 'ezz ate �Q By: WARREN D.WILLIAMS General Manager-Chief Engineer Project: Palm Springs MDP Line 22, Stage 2 Project No. 6-0-00322 APN: 680-020-053 RCFC Parcel No. 6322-503 IN THE CITY OF PALM SPRINGS CA EXHIBIT A JANUARY 9,2009 BEING A PORTION OF LOT 21 OF THE PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14, PAGE 652, RECORDS OF SAN DIEGO COUNTY, LYING WITHIN SEC77ON 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF NUEVA VISTA DRIVE AND MESQUITE AVENUE AS DESCRIBED IN THE TRACT NO. 7290-1 AS SHOWN BY MAP ON FILE IN BOOK 86, PAGES 1 AND 2 OF MAPS, RECORDS OF RIVERSIDE COUNTY, THENCE ALONG CENTERLINE OF MESQUITE AVENUE SOUTH 89751'30" EAST A DISTANCE OF 17.50 FEET; THENCE SOUTH 00'07'43" WEST A DISTANCE OF 233.14 FEET; THENCE NORTH 89'52'17" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 00'0743" EAST A DISTANCE OF 233.14 FEET TO A POINT ON SAID CENTERLINE OF MESQUITE AVENUE; THENCE ALONG SAID CENTERLINE OF MESQUITE AVENUE SOUTH 89'52'15" EAST A DISTANCE OF 12.50 FEET TO THE POINT OF BEGINNING; CONTAINS 0.16 ACRES (6,994.29 SF), MORE OR LESS. THE HEREIN ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT B. i I SURVEYOR'S NOTE: EDWARD J. THIS DOCUMENT WAS PREPARED BY ME, OR SONAUIMAN UNDER MY DIRECTION IN CONFORMANCE WITH L.S. 7529 THE PROFESSI0 LAND SU R S ACT * Exp. 12-31-09 rE'OF�FO EDWARD J. 67WiDIMAN, P.L.S. 7529 RIVERSIDE COUNTY FLOOD CONTROL& EXP. 12-31--09 WATER CONSERVATION DISTRICT Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessor's Parcel Number(s): 650--020-053 Date Exhibit Prepared: 1-9-2009 SHEET 1 OF I E .......... .............. ....... ... 1 5 IN THE CRY OF PALM SPRINGS, CA EXHIBIT B JANUARY 9,2009 TRACT NO. 7290-1 Q TRACT NO. 7290-1 TM 88112 CO) TM 8611 2 14 13 j 3 2 Z MESQUITE AVENUE L2 L1 30' POINT OF PALM VALLEY BEGINNING COLONY LANDS SECTION 19, T4S, R5E MB 14, PG 652, RECORDS M LOT 21 OF SAN DIEGO, CA "' LEGEND LIMITS OF EASEMENT I STREET CENTERLINE --- — — EXISTING RIGHT OF WAY o LOT LINE LINE TABLE LINE LENGTH BEARING 30' L 1 17.50' S89'51'30"E L2 12.50' S89'52'15"E N 89*52'17" W 30.00' SURVEYOR'S NOTE: EDWARD J. G THIS DOCUMENT WAS PREPARED BY ME, OR BONADIMAN UNDER MY DIRECTION IN CONFORMANCE WITH L.S. 7529 THE PROFESSIONAL SU S ACT * Exp. 12-31-09 EDWARD J. BONADIMAN, P.L.S. 7 9 RIVERSIDE COUNTY FLOOD CONTROL& EXP. 12-31-09 WATER CONSERVATION DISTRICT Prepared by: DMC Design Group GRAPHIC SCALE Address: 140 N. Maple Street, Suite 104 60 0 30 60 120 Corona, CA 92880 Scale. N/A 1 inch so Assessors Parcel Number(s): 680-020-053 Date Exhibit Prepared: 1-9-2009 SHEET -_1__ OF 1 M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r Urf�S !Z] On 69 ..0 before me, Date tiers Insert Name ancl Title of the Dffiser personally appeared �4VLD Aso AJXI s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'/whose name is/aa-subscribed to the within instrument and acknowledged to me that he/sher4htey executed the same in hisihez�b `tf authorized capacityQga ,,and that by his/h eir-signatur on the CatBst instrument the persona, or the entity upon behalf of WTARtlPtlBUC•GWFQRNIA which the personKacted, executed the instrument. RlVi�iSIgE fxltlliTlf MR MANNNA111114Y29�fS 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. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I6 Title or Type of Document: «� C Document Date: Number of Pages: you Signer(s)Other Than Named Above: ALA Capacity(ies) Claimed by (Signer(s) Signer's Name: AVID l We A-Z4Z Signer's Name: ❑ Individual D Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ©General _ ❑Partner--©Limited ❑General _ ❑ Attorney in Fact ❑Attorney in Fact • LJ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator 2/Other: 011-� C7 Other: Signer Is Repres .ting: Signer Is Representing: f^c 02007 Natiorel Notary Association•9350 DB Soto Ave.,PQ.Box 2402•Chatmorlh,CA 91 31 3-2402-www.NalionafNotaryorg Item#5907 RWKW:Ca[Tol-Free 1-060476-6827 ' F.1 TURN TO: � 122415 CITY`OF PALM SPRINGS I OX 2743 COOPERATIVE AGREEMENT ?r1G1f ZINGS,CA 22266 2 (PALM SPRINGS MDP LINE 22, STAGE 2) (Project No. 6-0-00322-02) 3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 4 5 CONSERVATION DISTRICT, hereinafter called "DISTRICT" and the CITY OF PALM 6 SPRINGS, hereinafter called "CITY", hereby agree as follows: 7 RECITALS 8 A. CITY has budgeted for and plans to constrict, certain stormwater 9 management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) as 10 Line 22-Stage 2 hereinafter called "LINE 22", consisting of approximately 2270 lineal feet of 11 12 underground storm drain system and a certain outlet structure as shown in concept in green on 13 Exhibit "A At the upstream terminus, LINE 22 will connect to an existing segment of Line 22 14 (Stage 1) constructed by CITY pursuant to the terms of a separate agreement between CITY and 15 DISTRICT executed on February 7, 2006. 16 B. CITY will act as the sole Lead Agency pursuant to the California 17 Environmental Quality Act (CEQA). As such, CITY will have the corresponding responsibility 18 to fulfill the obligations of CEQA lead agency with respect to the PROJECT; and 19 20 C. CITY desires DISTRICT to ultimately accept ownership and 21 responsibility for operation and maintenance of LINE 22; 22 D. DISTRICT desires CITY to accept ownership and sole responsibility for 23 (i) the line and grade of all slopes, and (ii) ownership and sole responsibility of all access roads, 24 retaining walls, fences, public use cart paths and a certain catch basin and PVC outlet. together 25 and collectively the slopes, retaining walls, roads, Fencing, cart paths, and the catch basin are 26 27 hereinafter called "ACCESS ROAD Together ACCESS ROAD and LINE 22 are hereinafter 28 called "PROJECT." Additionally, it is mutually understood and agreed that CITY shall assume 1 10AY 5 2009 // 122415 1 ownership and sole responsibility for the operation and maintenance of PROJECT until such 2 time as LINE 22 is accepted by DISTRICT as set forth herein; and 3 E. CITY wishes to allow the public to access and utilize ACCESS ROAD. 4 CITY is willing to assume maintenance responsibilities with regard to ACCESS ROAD as set 5 forth herein. In addition, CITY is willing to indemnify and hold DISTRICT harmless from any 6 claims arising from public's use of ACCESS ROAD or within DISTRICT'S Patin Springs MDP- 7 8 Line 22 right of way as set forth herein; and 9 P. DISTRICT is willing to: (i) review and approve, at its own expense, 10 PROJECT plans and specifications (District Drawing No. 6-362), hereinafter called I "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY standards, (ii) perform, 12 at its own expense, periodic inspections of LINE 22 and ACCESS ROAD construction for 13 quality control purposes, and (iii) accept ownership and responsibility for the operation and 14 maintenance of LINE 22 improvements upon (i) completion of PROJECT construction and (ii) 15 16 transfer to DISTRICT all necessary rights of way and engineering documentation as set forth 17 herein; and 1g G. CITY is willing to, at its sole expense: (i) prepare "IMPROVEMENT 19 PLANS", (ii) secure all right of way and regulatory permits necessary to constrict, inspect, 20 operate and maintain PROJECT, iii advertise and administer PROJECT construction contract, 21 (iv) pay all costs associated with PROJECT'S design and construction, (v) perform all required 22 environmental studies and obtain all necessary regulatory permits, (vi) grant DISTRICT the right 23 24 to inspect, operate and maintain LINE 22, (vii) consent to the recordation and conveyance of 25 required easement(s) furnished by CITY as provided herein, and (viii) accept ownership and sole 26 responsibility for the operation and maintenance of PROJECT until such time as DISTRICT 27 accepts LINE 22 for ownership, operation and maintenance as provided herein; and 28 H. DISTRICT and CITY acknowledge that it is in the public interest to proceed 2 - M415 1 with the construction of PROJECT which is necessary to minimize flooding within street rights 2 of way, reduce the hazards caused by flooding and preserve the ability of the traveling public to 3 safely use CITY'S street rights of way; and 4 1. It is in the best interest of the public to proceed with the construction of 5 PROJECT at the earliest possible date. 6 NOW, THEREFORE, the parties hereto mutually agree as follows: 7 8 SECTION I 9 CITY shall: 10 1. Pursuant to CEQA, assume Lead Agency role and responsibility for 11 preparation, circulation and adoption of all necessary and appropriate CEQA documents 12 pertaining to the construction, operation and maintenance of PROJECT. 13 2. Prepare, or cause to be prepared, at its own expense, IMPROVEMENT 14 PLANS in accordance with CITY and DISTRICT standards, and submit to DISTRICT for 15 16 review and approval. 17 3. Obtain all necessary rights of way, rights of entry and temporary 18 constriction easements necessary to construct, operate and maintain PROJECT. 19 4. Obtain all necessary permits, approvals or agreements required by any 20 Federal or State resource or regulatory agencies pertaining to the construction, operation and 21 maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS", 22 23 may include, but are not limited to, a Section 404 permit issued by USACOE, a Section 401 24 Water Quality Certification issued by the California Regional Water Quality Control Board 25 (CRWQCB), a Section 1601 Streambed Alteration Agreement issued by the California 26 Department of Fish and Game and National Pollutant Discharge Elimination System Permits 27 issued by the State Water Resources Control Board or CRWQCB. 28 - 3 - 172415 1 5. Prior to advertising for bids, provide DISTRICT an opportunity to review 2 and approve all REGULATORY PERMITS. 3 6, Prior to awarding a public works construction contract for PROJECT, 4 provide DISTRICT an opportunity to review and approve IMPROVEMENT PLANS. 5 7. Construct PROJECT pursuant to a CITY administered construction 6 contract, in accordance with IMPROVEMENT PLANS approved by CITY and DISTRICT, and 7 8 pay all costs associated therewith- 9 8. Furnish, or cause its construction manager to furnish, all construction 10 survey and materials testing services necessary to construct PROJECT.. 11 9. Provide DISTRICT with written notice that CITY has awarded 12 construction contract for PROJECT. 13 10. Prior to commencing PROJECT construction, furnish DISTRICT with the 14 final mylar IMPROVEMENT PLANS and assign their ownership to DISTRICT. 15 16 IL Not pen-nit any change to or modification of the IMPROVEMENT PLANS 17 without the prior written permission and consent of DISTRICT. 18 12. Prior to commencing PROJECT construction, CITY shall schedule and 19 conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager, 20 CITY'S construction contractor(s), DISTRICT and other affected entities. CITY shall noti 21 DISTRICT (Attention: Administrative Services Section) in writing at least twenty (20) day 22 23 prior to conducting the pre-construction meeting. 24 13. Require its PROJECT construction contractor(s) to procure and maintai 25 comprehensive liability insurance which shall protect DISTRICT and County of Riverside from 26 claims for damages for personal injury, including accidental or wrongful death, as well as frotr 27 claims for property damage, which may arise from CITY'S construction of PROJECT or th 28 performance of its obligations hereunder,whether such construction or performance be by CITY -4 - azzais 1 the aforementioned construction contractor(s), or any subcontractors to said construction 2 contractor(s), or by anyone employed directly or indirectly by said construction contractor(s) or 3 subcontractors. Such insurance shall provide for coverage limits of not less than two million 4 dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as 5 additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said 6 insurance coverage shall be provided by an insurance company licensed to transact insurance 7 8 business in the State of California, and shall be evidenced by a certificate (or certificates) o 9 insurance indicating 0iat the insurance is in full force and effect and that DISTRICT and County 10 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the I I covenant of the insurance carrier(s) that thirty (30) days written notice shall be provided to CITY 12 and DISTRICT prior to any modification, cancellation, or reduction in coverage of said 13 insurance. 14 Prior to CITY issuing a Notice to Proceed to its construction contractor(s) 15 16 to begin construction of PROJECT, an original certificate of insurance evidencing the required 17 insurance coverage shall be provided to DISTRICT. 18 14. Obtain and provide DISTRICT, at the time of providing written notice to 19 DISTRICT of the start of constriction of PROJECT with duly executed easements(s) to the 20 public for flood control and drainage purposes, including ingress and egress, for the rights o 21 way deemed necessary by DISTRICT for the construction, inspection, operation an 22 23 maintenance of LINE 22, as shown in concept cross-hatched in red on Exhibit "B" attache 24 hereto and made a part hereof. The easement(s) shall be in a form approved by DISTRICT an 25 shall be executed by all legal and equitable owners of the property described in the offer(s). 26 15, Furnish DISTRICT, when submitting the easement(s) as set forth in Sectio 27 1.14., with Preliminary Reports on Title dated not more than thirty (30) days prior to date o 28 submission of all the property described in the easement(s). - 5 - 122415 1 16. Accept responsibility for the operation and maintenance of ACCESS 2 ROAD and its public access amenities as set forth herein, provided ACCESS ROAD is 3 constructed in accordance with DISTRICT and CITY approved plans. 4 Upon DISTRICT'S acceptance of LINE 22 for ownership, operation and s maintenance, accept sole responsibility for the operation and maintenance of ACCESS ROAD 6 for public use purposes. 7 8 17. Within DISTRICT'S easement(s), as shown in concept cross-hatched in red 9 on Exhibit "13", assume sole responsibility for ensuring the public's safety and enjoyment thereof, 10 including but not limited to (i) performing necessary repairs to ACCESS ROAD, (ii) performing 1 I routine removal of litter and debris associated with CITY'S use of ACCESS ROAD and (iii) 12 assuming all liability associated with the recreational use of ACCESS ROAD and easement, 13 including claims of third persons for injury or death or damage to property. Said obligation shall 14 not include any inverse condemnation liability of DISTRICT by reason of the location o is 16 ACCESS ROAD easement(s) unless such liability is the result of CITY'S operations or use o i7 DISTRICT'S right of way by the public pursuant to CITY'S actual or tacit consent. 18 18. Prior to constricting any improvements or performing any physical 19 modifications within easement(s) (i) submit plans and specifications to DISTRICT for review 20 and approval, 11 a DISTRICT for its cost of reviewing said plans and specifications and iii PP C�) pay g P P C ) 21 obtain an encroachment permit from DISTRICT, pursuant to its rules and regulations. 22 23 19. Within easement(s), promptly remove any unauthorized structures or 24 improvements constructed by CITY, upon receipt of a written notification from DISTRICT in 25 the event DISTRICT'S General Manager-Chief Engineer determines that such strictures or 26 improvements in any way interfere with LINE 22's primary purpose and function. 27 20. Within DISTRICT'S easement(s), cease any interfering use upon receipt o 28 a written notification from DISTRICT in the event DISTRICT'S General Manager-Chief - 6 - 122415 1 Engineer determines that such use of DISTRICT'S easement in any way interferes with LINE 2 22's primary purpose and function. 3 21. Within DISTRICT'S easement(s), ensure the safety of the public who may 4 utilize DISTRICT'S easement by conducting periodic safety inspections and promptly making 5 such repairs as are necessary to safeguard the public and its use thereof. 6 22. In its use of DISTRICT'S easement under the rights herein granted, CITY 7 8 agrees to promptly repair any damage to ACCESS ROAD, unless such damage is caused by 9 DISTRICT'S customary operation, maintenance or improvements to its facilities. 10 23. If in the opinion of the General Manager-Chief Engineer, the public's use o l I DISTRICT'S easement(s) results in a public hazard, a public nuisance, degradation of water 12 quality, or any other matter of substantial concern to DISTRICT, DISTRICT reserves the right to 13 require remediation, and, if remediation is unsuccessful, to terminate this Agreement. 14 24. Require its construction contractor(s) to comply with all WOSHA safety 15 16 regulations, including regulations concerning confined space, and maintain a safe working 17 environment for all CITY and DISTRICT employees on the site. is 25. Require its construction contractor to furnish DISTRICT a confined space 19 procedure specific to PROJECT. The procedure shall comply with requirements contained in 20 California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 21 5157, Permit Required Confined Space and DISTRICT confined Space Procedures, SOMAS. 22 23 The procedure shall be provided to DISTRICT no less than 20 days prior to requesting that 24 DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall be 25 reviewed and approved by DISTRICT prior to conducting the final inspection. 26 26. Upon completion of construction of PROJECT but prior to DISTRIC 27 acceptance of LINE 22, convey, or cause to be conveyed to DISTRICT, flood control 28 - 7 - 122415 I easement(s), including ingress and egress, in a form approved by DISTRICT, to the rights of way 2 as shown in concept cross-hatched in red on Exhibit "S" attached hereto and made a part hereof. 3 27. At the time of recordation of the conveyance document(s) as set forth in 4 Section I.14., fumish DISTRICT with policies of title insurance, each in the amount of not less 5 than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each 6 easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said 7 8 property as being free and clear of all liens, encumbrances, assessments, easements, taxes and 9 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are 10 acceptable. 11 28. Upon completion of PROJECT construction but prior to DISTRICT'S 12 acceptance of LINE 22 for ownership, operation and maintenance, provide DISTRICT with 13 appropriate engineering documentation necessary to establish that PROJECT was constructed in 14 accordance with the CITY and DISTRICT approved IMPROVEMENT PLANS. 15 16 29. Assume ownership and sole responsibility for the operation and 17 maintenance of ACCESS ROAD. 18 30. Assume ownership and sole responsibility for the operation and 19 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility 20 for the operation and maintenance of LINE 22 as set forth herein. 21 31. Within two weeks of completing PROJECT construction, provide 22 23 DISTRICT with written notice (Attention: Contract Administration Section) that LINE 22 24 construction is substantially complete and requesting that DISTRICT conduct a final inspection 25 of LINE 22 and ACCESS ROAD. 26 32. Upon completion of construction of PROJECT, but prior to acceptance of 27 LINE 22 for ownership, operation and maintenance, CITY'S civil engineer of record or 28 construction civil engineer of record, duly registered in the State of California, shall provide - 8 - 122415 1 DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval 2 of the redlined "as-built" drawings, CITY'S engineer shall schedule with DISTRICT a time to 3 transfer the redlined changes onto DISTRICT'S original mylars at DISTRICT'S office, after 4 which the engineer shall review, stamp and sign IMPROVEMENTS PLANS "AS-BUILT". 5 33. Accept sole responsibility for the adjustment of all ACCESS ROAD 6 manhole rings and covers located within CITY rights of way which must be performed at such 7 8 thne(s) that the finished grade along and above the underground portions of LINE 22 is 9 improved, repaired, replaced or changed. It being further understood and agreed that any such 10 adjustments shall be performed at no cost to DISTRICT. 11 SECTION II 12 DISTRICT shall: 13 1. Pursuant to CEQA, act as a Responsible Agency and as such will have the 14 15 corresponding responsibility to fulfill the obligations of a CEQA Responsible Agency wia. 16 respect to the PROTECT. 17 2. At its sole cost and expense, review and approve all necess 18 REGULATORY PERMITS prior to CITY advertising for bids. 19 3. At its sole cost and expense, review and approve IMPROVEMENT PLAN 20 prior to CITY'S award of the PROTECT construction contract. 21 4. At its sole cost and expense, conduct periodic inspections of PROTECT fo 22 23 quality control purposes. 24 5. Accept sole responsibility for ownership, operation and maintenance o 25 LINE 22 upon (i) completion of PROJECT construction, (ii) transfer of the rights of way as se 26 forth in Section 1.14., (iii) receipt of appropriate engineering documentation as set forth 11 27 Section I.28., and (iv) receipt of"as-built" construction drawings as set forth in Section L32. 28 6. Upon DISTRICT'S acceptance of PROJECT construction as bein - 9 - 122415 1 complete, provide CITY with a reproducible duplicate copy of the "as-built" IMPROVEMENT 2 PLANS. 3 SECTION III 4 It is further mutually agreed: 5 1. Except as otherwise provided herein, all construction work involved with 6 PROJECT shall be inspected by CITY and shall not be deemed complete until approved and 7 8 accepted as complete by CITY. 9 2. CITY personnel may observe and inspect all work being done on LINE 22, 10 but shall provide any comments to DISTRICT personnel who shall be solely responsible for all 11 quality control communications with CITY's construction contractor(s) during the construction 12 of LINE 22. 13 3. Within DISTRICT'S easement(s), or as otherwise associated with this 14 Agreement, indemnify and hold DISTRICT, its Board of Supervisors, officers, agents, 15 16 employees and independent contractors free and harmless from any liability whatsoever, based 17 or asserted upon any act or omission of CITY, its officers, agents, employees, subcontractors, 18 independent contractors, guest and invitees for property damage, bodily injury or death (CITY 19 employees included) or any other element of damage of any kind or nature, related to or in any 20 manner connected with or arising from CITY' use and responsibilities in connection therewith o 21 DISTRICT'S easement(s) or the condition thereof, and CITY shall defend, at its expense, 22 23 including attorneys' fees, DISTRICT, its Board of Supervisors, officers, agents, employees and 24 independent contractors, in any legal action based upon such alleged acts or omissions. 25 4. CITY sball indemnify and hold harmless DISTRICT and COUNT 26 (including their agencies, districts, special districts and departments, their respective directors, 27 officers, Board of Supervisors, elected and appointed officials, employees, agents an 28 representatives) from any liability, claim, damage, proceeding or action, present or future, base - 10 - 122415 1 upon, arising out of or in any way relating to CITY'S (including its officers, employees, elected 2 and appointed officials, subcontractors and agents) actual or alleged acts or omissions related to 3 this Agreement, performance under this Agreement, or failure to comply with the requirements 4 of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; 5 (c) liability or damage pursuant to Article 1, Section 14 of the California Constitution, the Fifth 6 Amendment of the United States Constitution or any other law, ordinance or regulation caused 7 8 by the diversion of waters from the natural drainage patterns or the discharge of drainage within 9 or from PROJECT; or (d) any other element of any kind or nature whatsoever, however, this 10 indemnification and hold harmless shall not include any claims arising from the sole negligent I I or willful misconduct of DISTRICT, its officers, agents, employees or subcontractors. 12 CITY shall defend, at its sole expense, including all costs and fee 13 (including but not limited to attorneys' fees, cost of investigation, defense and settlements o 14 15 awards) DISTRICT and the COUNTY OF RIVERSIDE (including their agencies, districts 16 special districts and departments, their respective directors, officers, Board of Supervisors 17 elected and appointed officials, employees, agents and representatives) in any claim, proceeding 18 or action for which indemnification is required. 19 With respect to any of CITY'S indemnification requirements, CITY shall, a 20 its sole cost, have the right to use counsel of their own choice and shall have the right to adjust 21 settle or compromise any such claim, proceeding or action without the prior consent o 22 23 DISTRICT or the COUNTY OF RIVERSIDE, provided, however, that any such adjustment 24 settlement or compromise in no manner whatsoever limits or circumscribes CITY' 25 indemnification obligations to DISTRICT or the COUNTY OF RIVERSIDE. 26 CITY'S indemnification obligations shall be satisfied when CITY ha 27 provided to DISTRICT and the COUNTY OF RIVERSIDE the appropriate form of dismissal (o 28 similar document) relieving DISTRICT or the COUNTY OF RIVERSIDE from any liability fo - ll - 122415 1 the claim, proceeding or action involved. 2 The specified insurance limits required in this Agreement shall in no way 3 limit or circumscribe CITY'S obligations to indemnify and hold harmless DISTRICT and the 4 COUNTY OF RIVERSIDE from third party claims. 5 In the event there is conflict between this section and California Civil Code 6 Section 2782, this section shall be interpreted to comply with Civil Code 2782. Such 7 8 interpretation shall not relieve the CITY from indemnifying DISTRICT or the COUNTY OF 9 RIVERSIDE to the fullest extent allowed by law. 10 5. Any notices sent or required to be sent to either party shall be mailed to the 11 following addresses: 12 RIVERSIDE. COUNTY FLOOD CONTROL CITY OF PALM SPRINGS 13 AND WATER CONSERVATION DISTRICT Post Office Box 2743 1995 Market Street Palm Springs, CA 92263-2743 14 Riverside, CA 92501 Attn: Marcus Fuller 15 6. If any provision of this Agreement is held by a court of competent 16 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless ]7 continue in full force without being impaired or invalidated in any way. 18 7. This Agreement is to be construed in accordance with the laws of the State 19 20 of California. 21 8. This Agreement is the result of negotiations between the parties hereto and 22 with the advice and assistance of their respective counsel. No provision contained herein shall 23 be construed against DISTRICT solely because, as a matter of convenience, it prepared this 24 Agreement in final form. 25 9. Any waiver by DISTRICT or CITY of any breach by the other of any one or 26 27 more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or 28 other breach of the same or of any other term thereof. Failure on the part of DISTRICT or CITY - 12 - 122415 1 to require from the other exact, full and complete compliance with any terms of this Agreement 2 shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or 3 CITY from enforcement hereof. 4 10. This Agreement is intended by the parties hereto as their final expression 5 with respect to the matters herein, and is a complete and exclusive statement of the terms and 6 conditions thereof. This Agreement shall not be changed or modified except by the written 7 8 consent of both parties hereto. 9 H 10 II H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - �zzais I IN WITNESS WHEREOF,the parties hereto have executed this Agreement 2 on -5�-S-D9 (to be filled in by Clerk of the Board) 3 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL 4 AND WATER CONSERVATION DISTRICT 5 6 ByL RREN D. WILLIAMS MARIONASHLEY, Chairman 7 General Manager-Chief Engineer Riverside County flood Control and Water 8 Conservation District Board of Supervisors 9 APPROVED AS TO FORM: ATTEST: 10 PAMELA J. WALLS KECIA HARPER-HEM C unty Counsel Clerk of the Board 11 12 � By By 13 NEAL KIPNIS Deputy Deputy County Counse 14 15 (SEAL) 16 Cooperative Agreement: Palm Springs MDP-Line 22 Y 17 KEC:rlP 3/24/09 is 19 20 21 22 23 24 25 26 27 28 - 14 - MAY 5 2009 //�{ 122415 1 2 RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS 3 4 9XZ— By 5 DAVID J. BARAKIAN DAVID H. READY Director of Public Works/City Engineer City Manager 6 A OVED AS TO FORM: ATTEST: 7 8 ByG By 9 �DOUOLAS . IT O LAND MES THOMPSON Attorney ity Clerk to - I I (SEAL) APPROVED BY C17 COUNCIL 12 13 Cooperative Agreement: Palm Springs MDP-Line 22 14 KEC:rlp 15 3/24/09 16 17 18 19 20 21 22 23 24 25 , 26 27 28 - 15 - Exhihit A c a 0 LLI oil MESQUITE AVENUE II LINE 22, STAGE 2 -o PROJECT LIMITS LJLl' GREEN w 4U cyq�NFl � a w - }�r LINE 22, STAGE 2 PROJECT LIMITS Cooperative,Agreement Palm Springs MDP-Line 22, Stage 2 Project No- 6-0-00322 1 of 8 clA6 S JN Ik'•� 1 1 + � i , "%•T��`..i'ri^}} :ti:!{t:`.S!:)t.Y,. :Yiii'S/ r� f I ! i I r I � % Y + ltiFirv>7JJ?St.:i'{:.,.,;.::.T:::.l N .r + ! r f f + r f 'r'?l :`:r::Sr:. • r .........•... z uj + r l +o f 1 � f ' r +rr ••lam • , r /l \� rl,r r r r , + r oy . 3�bd 3NI7Na�yty Exhibit A MATCHLINE PAGE 4 Iy ' III I \ \ o\\ I I ICI I II I { Ifl 1 I i l I I II III I I I I I 1 I III I I 11 1 1 I III , 1' 1 il ' I 1 III11 I I 1 1 � ' i II 1I1I"1Iill I � i l 1 I I , J_� •', II I I I ' 'r % 'lilt L`•.` �\ ,� 'i I I It \ \ 1; GREEN I w It I I I I I I II I I I I V' I .� 11 , 1 I „ IIII ; I I I I I Iy1Ii IIIII , I I I I I ,Illilll I i II � III IIII � I; II , ,I I ' III I MATCHLINE PAGE 2 Cooperative Agreement Palm Springs MDP-Line 22, Stage 2 Project No. 6-0-00322 3of8 Exhibit A r nY� �• AI �F ; r S r 1 I C I I / ll ��i I Ii111 1 11;I I; GREEN I'Il � I �I1i11 I \ I�, 4!1 11 I ' 1 1 .I �11 1 I lilt 1 � I � � 111111 I I 1j 11 I 1 1 I 11 II ! 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II , MATCHLTNE PAGE 1 Cooperative Agreement Palm Springs MDP-Line 22, Stage 2 Project No. 6-0-00322 2ot7 Exhibit B r T \iIt + �I� y I MgTC 1 , n J [it P, RED I I � I I If',ifl I i I II 1� i r I,' • 1 11 + ' r I 'I I � li III 'i 1 j II 1 1 I, I V MATCHLTNE PAGE 2 Cooperative Agreement Palm Springs NIDP-Line 22, Stage 2 Project No. 6-0-00322 3 of Exhibit B MATCHLINE PAGE 5 liiil a,. I I I,I — �Iljlll RED �IIIII l ht,� IIII1; �` III11 1 t IIt'11 111111 � �� IIIII lll, ICI IIII I11 I Cooperative Agreement Palm Springs MDP-Line 22, Stage 2 Project No. 6-0-00322 4of7 r Exhibit B MATCHLINE PAGE 6 I III I I ---1 1 I 1 Iliill � � i � IIli1 i i 1 1 1 1 1 1 , )IIlllli - /ill�l �r � I � ii4�l , n i 1 ' � �• I ' ll li i' l� I a n RED i II I I Uiir ' ll'lij ,y. i ill l MATCHLINE PAGE 4 Cooperative Agreement Palen Springs MDP-Line 22, Stage 2 Project No. 6-0-00322 5 of 7 Exhibit S MATCHLINE PAGE 7 I II I II 1 it I II I I 117 IIII � II 1 i�l' 1 I I I I I I III � I I 111 ! 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