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41FOIL City Council Staff Report
Date: January 18, 2012 CONSENT CALENDAR
Subject: APPROVAL OF AN ENCROACHMENT LICENSE TO WINDTEC
ENERGY, LTD., FOR PRIVATE HIGH VOLTAGE UNDERGROUND
ELECTRIC LINES IN 19TH AVENUE
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of this item will authorize the issuance of an Encroachment License to Windtec
Energy, LTD, for operation and maintenance of private high voltage underground
electric lines located in 19th Avenue.
RECOMMENDATION:
1) Approve Agreement No. , an Encroachment License between the City of
Palm Springs and Windtec Energy, LTD, a California corporation, for operation
and maintenance of private high voltage underground electric lines located in
19th Avenue; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Chapter 14.16 of the Palm Springs Municipal Code requires an encroachment permit to
be issued for any improvements constructed in the public right-of-way. Additionally,
whenever utility facilities or other improvements of a type of use determined by the
Director of Public Works to require additional liability protection for the City, a formal
agreement through an Encroachment License is required.
On March 9, 2011, the Planning Commission approved Conditional Use Permit Case
No. 5.123 for the installation and operation of a 4.98 megawatt solar energy conversion
system ("SECS") project on a 24 acre site located north of Interstate 10 and south of
19th Avenue. When completed, the power generated by the SECS will be fed through a
privately operated and maintained underground high-voltage electrical system to an
SCE electric sub-station. There are portions of the private underground high-voltage
ITEM NO. �L
City Council Staff Report
January 18, 2012- Page 2
Encroachment License with Windtec Energy, LTD
electrical system that must extend from the SECS site, across 19th Avenue, to the SCE
substation. Conditions imposed by the Planning Commission required the applicant to
obtain an Encroachment License for the private underground high-voltage electrical
lines extending across public rights-of-way. The proposed Encroachment License
satisfies that requirement.
The applicant (Windtec Energy, LTD) requests an encroachment, 30 feet wide,
extending across 19th Avenue approximately 400 feet east of the centerline of Karen
Avenue. The private utilities will be installed at an appropriate depth with a marker tape
above it to further protect and identify the privately owned utility. Conditions of the
Encroachment License require the applicant to join and maintain membership with
Underground Service Alert of Southern California (USA/Dig Alert), imposing
requirements on the applicant to maintain its private utilities, and to identify and mark its
location within the right-of-way when construction or excavation may occur within the
street.
Staff recommends approval of the encroachment license with Windtec Energy, LTD.
FISCAL IMPACT:
None.
SUBMITTED:
Prepared by: Recommended by:
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Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
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Thomas J. Wils Asst. City Manager David H. Ready, Ci ger
Attachments:
1. Encroachment License
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FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
P.O. Box 2743
Palm Springs, California 92263-2743
Attn: City Clerk and Public Works
and Engineering
Filing Fee Exempt Per Government Code 6103 (For Recorders Use Only)
EL 11-01
PRIVATE UTILITY ENCROACHMENT LICENSE
THIS ENCROACHMENT LICENSE (the "License") is entered into this day of
2012, by and between Wintec Energy LTD, a California Corporation
("Licensee") and the CITY OF PALM SPRINGS, a California charter city ("City").
RECITALS:
A. Licensee is the owner of real property located in the City of Palm Springs,
County of Riverside, State of California, identified by Assessor's Parcel Number(APN)666-
320-026 by that certain Grant Deed recorded as Document No. 2009-0552479, recorded
on October 27, 2009, Official Records of Riverside County, attached hereto as Exhibit"A"
and incorporated herein by reference ("Licensee Property"), and;
B. City is the owner of certain fee and/or easement interests in that certain real
property located in the City of Palm Springs, County of Riverside, State of California
adjacent to the Licensee's Property, and more particularly described and shown on Exhibit
"B" ("City Property").
C. Licensee desires to construct and maintain six(6)35 kV buried high voltage
cable conduits extending across 19th Avenue(as further specified in Section 3.0 of
this License), hereinafter referred to as the"Encroachment", shown on Exhibit"C",which
will encroach within the City Property as described and shown as Exhibit "D", attached
hereto and incorporated herein by reference (the "Encroachment Area").
D. City has agreed to grant to Licensee an encroachment permit ("Permit") for
the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal
Code on the condition that Licensee executes this License.
NOW THEREFORE, the parties hereto agree as follows:
1.0 License. The City hereby grants a License to Licensee to construct the
Encroachment within the Encroachment Area upon all of the terms and conditions of the
Permit and this License. This license does not cover any jurisdiction other than the City of
Palm Springs public rights-of-way.
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2.0 Commencement of Construction. Licensee shall commence the
construction of the Encroachment within a reasonable amount of time, in no event to
exceed ninety(90)days following the execution date of this License. Before beginning any
physical work on the Encroachment, Licensee shall notify City that construction of
Encroachment will be commenced, at least twenty-four(24) hours prior to commencement
of such work. Licensee shall also notify the City upon completion of the Encroachment.
3.0 Construction of Encroachment. The Encroachment shall consist of six(6)
35kV buried high voltage cable conduits with a bare copper trench ground wire, enclosed in
a Fluidized Thermal Backfill (TFB) and compacted backfill, with a minimum depth of 54
inches from top of grade to the top of the conduits, as shown on Exhibit "C". A cable
marking tape shall be installed in the center of the trench for magnetic location purposes.
The Encroachment shall be perpendicular to the public right-of-way. Any structure placed
pursuant to this License shall be constructed in a careful and workmanlike manner and in
accordance with plans and specifications to be submitted to and approved by the City of
Palm Springs Department of Public Works & Engineering and Department of Building &
Safety, before Licensee commences construction of Encroachment within the
Encroachment Area, or commences construction of any work on Licensee Property.
4.0 Maintenance. Licensee shall have the right and obligation to maintain, repair
and replace, at its own cost and expense, the Encroachment so as to keep the
Encroachment Area in a neat, clean, first class condition and in good order and repair,free
of trash and debris at all times. As the Encroachment Area consists of public street rights-
of-way, the Licensee shall ensure that any excavations, trenches, and backfill and repaving
of trenches excavated by Licensee for the Encroachment are maintained as required by the
City, in accordance with applicable City standards or as directed by the City Engineer.
Licensee hereby agrees to perform such additional repairs and/or maintenance work in the
Encroachment Area within fifteen (15) days notice from City. Licensee shall have access
across the City Property at all times while the License is in effect solely for the purposes as
noted in Section 3. In the event that Licensee does not maintain the Encroachment as
required herein, the City will have the option to either (i) terminate the License as more
particularly provided in Section 7 or, (ii) after giving Licensee reasonable notice, to make
such repairs or perform such maintenance as is required. If City performs the required
repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the
repairs and/or maintenance work performed by City, including administrative fees, and
Licensee shall pay such invoice received within thirty (30) days for such work performed.
Failure to pay any invoice submitted to Licensee by City within thirty (30)days notice from
City shall automatically terminate the License herein granted.
4.1 Construction by Others within Encroachment Area. Licensee hereby
acknowledges that the License herein granted by City is non-exclusive, and that City may
grant subsequent encroachments within the Encroachment Area to other parties, including
public utility companies, other governmental agencies, and private parties. Licensee
hereby agrees to join and maintain membership with United Service Alert of Southern
California (Dig Alert) for the entire term of this License, or until the Encroachment is
removed, whichever occurs first. Licensee shall be required, pursuant to this provision of
the License granted by City, to monitor notifications from USA/Dig Alert(1-800-227-2600)
of excavations or other work within the Encroachment Area by public agencies or private
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parties that may directly affect Licensee's Encroachment. It shall be the Licensee's sole
responsibility to adequately mark, identify, and locate its Encroachment within the
Encroachment Area for any and all public agencies or private parties who have duly notified
USA/Dig Alert of excavations or other work within the Encroachment Area. Failure of
Licensee to timely and/or correctly mark, identify, and locate its Encroachment within the
Encroachment Area shall be the responsibility of the Licensee. Licensee shall indemnify,
hold harmless, and release City from all damages of any kind, due to damages incurred to
its Encroachment within the Encroachment Area, including complete loss of the use and/or
value of the Encroachment due to excavations or other work within the Encroachment Area
by public utility companies, other governmental agencies, and private parties, including the
City, who have duly notified USA/Dig Alert of their intention to excavate or perform other
work within the Encroachment Area. Licensee acknowledges that this provision of the
License granted by City releases City of any financial or other obligations to maintain the
Encroachment within the Encroachment Area, and that Licensee shall be solely responsible
for ensuring that its Encroachment is adequately protected for the entire term of this
License.
Licensee further acknowledges its Encroachment consists of a privately owned,
underground, high-voltage electrical system, and its responsibility to ensure the
Encroachment is identified and appropriately marked within the Encroachment Area to
ensure future work within the Encroachment area does not result in injury or loss of life.
Licensee hereby indemnifies the City from any and all liability, in accordance with Section 6
of this License, for any injuries or loss of life resulting from Licensee's failure to comply with
the requirements of maintaining the Encroachment and ensuring its identification within the
Encroachment Area through membership in USA/Dig Alert.
4.2 Relocation of Encroachment within City Right-of-Way. In the event of a
conflict with an underground utility proposed by any public agency whose proposed utility is
approved for installation by City within the Encroachment Area, Licensee hereby agrees to
relocate the Encroachment, at Licensee's sole expense, as necessary to remove any such
conflict with an underground utility proposed by any public agency. Licensee shall prepare
relocation plans for the Encroachment and submit to the City Engineer, as well as the
affected public agency, for review and comment within thirty (30) days notice from City of
the underground utility conflict. Licensee shall relocate the Encroachment, as directed by
the City, pursuant to Sections 2, 3, and 5 of this License, except, however, that relocation
of the Encroachment, as approved by City, shall commence no later than thirty (30) days
following approval of relocation plans for the Encroachment by City.
5.0 Installation and Maintenance of Safety Provisions. Licensee shall, in
connection with the construction and maintenance of the Encroachment, provide, install,
and maintain such lights, barriers, warning signs or other safety provisions as are
reasonably necessary to protect anyone utilizing the City Property for whatever reason. In
the event that the City determines that suitable safety provisions are not being provided by
Licensee, the City may, after two (2)days notice from City to Licensee, provide, install and
maintain such safety provisions. If the City provides the safety provisions pursuant to this
Section 5, City shall submit an invoice to Licensee for payment of the safety provisions
installed by City, including administrative fees, and Licensee shall pay such invoice
received within thirty (30) days for such work performed. Failure to pay any invoice
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submitted to Licensee by City within thirty (30) days shall automatically terminate the
License herein granted.
6.0 Indemnity. Licensee hereby agrees to indemnify and defend the City, its
officers, agents and employees against and to hold and save each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the
location, construction, maintenance, relocation or removal of the Encroachment, but
excluding such claims or liabilities arising from the sole negligence or willful misconduct of
the City, its officers, agents or employees, who are directly responsible to City, and in
connection therewith:
(a) Licensee will defend any action or actions filed in connection with any of said claims or
liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
(b) Licensee will promptly pay any judgment rendered against the City, its officers, agents
or employees for any such claims or liabilities and Licensee agrees to save and hold the
City, its officers, agents and employees harmless there from;
(c) In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Licensee for such damages or other claims arising
out of the location, construction, maintenance, relocation or removal of the Encroachment,
Licensee agrees to pay the City, its officers, agents or employees, any and all costs and
expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including, but not limited to, legal costs and attorneys' fees.
7.0 Covenants Running With the Land. The covenants and restrictions by
Licensee set forth in this License: (a) are made for the direct benefit of the City Property;
(b) will constitute covenants running with the land and equitable servitudes; (c) will bind
Licensee and every person having any fee, leasehold or other interest in any portion of the
Licensee Property at any time or from time to time; and (d) will inure to the benefit of the
City and every person having any fee, leasehold or other interest in the City Property at any
time or from time to time.
8.0 Insurance. Licensee shall procure and maintain, at its sole cost and
expense, and submit concurrently with its execution of this License, in a form and content
satisfactory to City, public liability and property damage insurance against all claims for
injuries against persons or damages to property resulting from Licensee's use of the
Encroachment within the Encroachment Area under this License. Insurance shall be kept
in full force and effect during the term of this License, and shall not be cancelable without
thirty(30)days written notice to City of any proposed cancellation. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers, employees,
agents, and volunteers as additional named insured by original endorsement shall be
delivered to and approved by City prior to City's approval of this License. The procuring of
such insurance and the delivery of policies, certificates, and endorsements evidencing the
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same shall not be construed as a limitation of Licensee's obligation to indemnify City, its
elected officials, officers, agents, employees, and volunteers.
8.1 Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least Two
Million Dollars ($2,000,000) combined single limit coverage per occurrence.
For any claims related to this License, Licensee's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its
respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Licensee's insurance and shall not contribute with it.
8.2 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating of
B++, Class Vill, or better, unless otherwise acceptable to the City.
8.3 Verification of Coverage. Licensee shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements,effecting all of the
coverages required by this License. The certificates and endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is
to be received and approved by the City before approval of this License. City reserves the
right to require Licensee's insurers to provide complete, certified copies of all required
insurance policies at any time.
Verification of Insurance Coverage may be provided by: (1) an approved General
Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees and agents are named as
an additional insured" ("as respects Encroachment License No.11-01" may be
included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have" ("as respects Encroachment License No. 11-01" may
be included in this statement).
3. "Should any of the above described policies be cancelled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the company,
its agents or representative" is not acceptable and must be crossed out. See
example below.
In addition to the endorsements listed above, the City of Palm Springs shall be
named the certificate holder on the policy.
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All certificates and endorsements are to be received and approved by the City before
this License is approved.
Cancellation Example:
SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30 DAYS'WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED.
*The brokerlagent can include a qualifier stating "10 days notice
for nonpayment of premium."
8.4 Deductibles and Self-insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either
the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
the City, its elected officials, officers, employees, agents, or volunteers; or, Licensee shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
8.5 Severability of Interests (Separation of Insured). This insurance applies
separately to each insured against whom claim is made or suit is brought except with
respect to the limits of the insurer's liability.
8.6 Insurance Increase. Not more frequently than one (1) time every three (3)
years, if, in the opinion of the City, the amount of public liability and property damage
insurance coverage at that time is not adequate, the City may require modifications to the
required insurance coverage in this Section 8. City shall notify Licensee, and Licensee
hereby agrees to provide City with certificates and endorsements evidencing City's required
increased insurance coverage amounts within thirty (30) notice from City. Failure of
Licensee to provide City with certificates and endorsements evidencing City's required
increased insurance coverage amounts within thirty(30)days shall automatically terminate
the License herein granted.
9.0 Termination. The License is terminable with or without cause by City at any
time. Licensee shall remove the Encroachment and restore the Encroachment Area on the
City Property to its former condition, at Licensee's sole cost and expense, within thirty(30)
days notice from City. In the event Licensee fails to remove the Encroachment and restore
the Encroachment Area on the City Property within thirty (30) days notice from City, City
shall have the right to do so without notice to Licensee. Licensee shall immediately
reimburse the City for all expenses incurred by City in the removal of the Encroachment
and restoration of the Encroachment Area on the City Property. Said amounts shall accrue
interest from the date the expenses were incurred by City at the maximum non-usurious
interest rate permitted by law.
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10.0 Notices. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to be given under the provisions of this
License shall be in writing and either served personally or sent prepaid, first-class mail to
the following address:
To City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Clerk
With Copy to: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Attorney
Licensee: Wintec Energy, LTD
1090 N. Palm Canyon Drive— Suite A
Palm Springs, CA 92262
Attn: Frederick W. Noble
Either party may change its address from time to time by notifying the other party of the
change of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two (72) hours from the time of mailing if mailed pursuant to this
Section 10.
11.0 Attorneys Fees. In any action between the parties hereto seeking
enforcement of this License, or in connection with the License or the Permit, the prevailing
party in such action shall be entitled to have and to recover from the other party its
reasonable attorneys'fees and other reasonable expenses in connection with such action
or proceeding in addition to its recoverable court costs.
12.0 Successors and Assigns. All rights and obligations created by this License
shall be appurtenant to and shall run with the Licensee Property and the City Property and
each part thereof and interest thereon, and shall be binding upon the owners of the
Licensee Property and its respective successors and assigns acquiring any right, title and
interest in the Licensee Property.
13.0 Amendment or Modification. This License may not be modified or
amended except by written agreement executed by the then-owner of the Licensee
Property and the City Property and recorded in the Office of the County Recorder, County
of Riverside, California.
14.0 Governing Law. This License shall be governed by and construed in
accordance with the laws of the State of California.
15.0 Severability. The invalidity or unenforceability of any provision of this
License with respect to a particular party or set of circumstances shall not in any way affect
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the validity and enforceability of any other provision hereof or the same provision when
applied to another party or to a different set of circumstances.
16.0 Recordation. This License shall be recorded in the Office of the County
Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding
to the interest of Licensee or City that their use of the Licensee Property and the City
Property shall be benefited and/or restricted in the manner herein described.
17.0 Counterparts. This License may be executed in any number of counter
parts, each of which shall constitute an original.
(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF,the City and the Licensee have caused this License to be executed
the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS
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By By
City Clerk City Manager
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Date: Date:
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By
City Engineer
Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
City Attorney
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Date:
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LICENSEE
WINTEC ENERGY LTD, a California corporation
By. By.
nature (notarized) 84ghature (notarized)
Names re,(Z S. �/2 Name Jim. 66-0�
Title. L.o® /S'PI)J or- V Title: �1 rit _
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of
on Wn0.Q q/ (o, D 41 before ma,
pip �n� t 6t meard rUedtlm er
personally appeared-�—(=i-
,'p,�
rfam(+I ar Saswyal ..
who proved to me on the basis ry evidence to
be the P whose subscribed to the
within " ment 4 ZaEedged�q.me that
he! h ad the same i IlkeiLa�+drodzed
capaaty ),and t,,h_a,,t,�rbYu}} siynah+ S on the
AMI RI!, irr�ttiRlerit the pei`�tJ' or the entity upaf``66eehalt of
Commission# t 7ff 7248 why the person(s)acted,executed the Instnannerd.
® Notary Public-California ,
Riverside County 1 certify under PENALTY OF PERJURY under the taws
MVCcmm.8q*esJan12,2012 t of the State of California that the foregoing Paragraph Is
true and correct..
WITNESS my hand and official seal.
Signature /
geesAb Wy Sma nbae SysaNrs dxotay
OPT11ONA.
7houga ft eNarmahm babwis nor requOadbylsnc it may pnw vsluehle to Persons reryhgan 00 dooumerR
and mufdPre✓enifraudrdentremovd and,eederhmcm of dws krm to a Ihsf dba:Nma
Description of Rumen fk�cumem �p ��1 '— _jam
Tile or M Doownenc — �l Q- X�n �I tf --C'�� V D Gt�✓ ���
Document Date: Number of Payer:
Sign")Oilier Than Named Abow.
Capecity(les)Ciafined by Signer(s)
Signers Name: _-- Signers Name:__._
G individual ❑individual
• Corporate Ofricer—Tide(s): v Corporate Officer—Tde(s):
0 Partner-0 Unnited ❑General ❑Partner—Li Umled 0General
Attorney in Fad C:Attorney in Fact
0 Tnrsree TOP of momro>vM rl Trustee wpcf iwms ro"
0 Guardian or Conservator a Guardian or Conservator
❑ other.--__ ❑Other:
Signer Is Reproserdwng: Signer Is Repreeenting:
OmrNrtaalMgnYAmdabroebObem+ha.,rgea DW2•Clebmaa CA wstspAo2.r,uai�tfautleleirae Res MS46T ReabcCtl>alAxi80e81694ET
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LARRY W.WARD RecorderP.O.Box 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
�. %w .riversideacr.com
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1 NOTARY CLARITY
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j Under the provisions of Government Code 27361.7, I certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
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Name of Notary: AM RITTER
Commission M 1787248
Place of Execution: RIVPRSInF COUNTY, CA
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Date Commission Expires: January 12, 2012
Date: 1 (7
Signature:
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Print Name: ELIP PRIMERA
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ACR 186P-AS4RE0(Rev.092006) Available in Alternate Formats
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EXHIBIT "A"
DOC # 2009-0552479
10/27/2009 08:00R Fee:25.00
Page I of 3
Retarded In Official Records
RECORDING"—OFQUESTEDBY: County of Riverside
Stewart Title,dfCatifornia Larry U. Ward
WHEN RECORDED MAIL TO Assessor, County Clerk 9 Recorder
AM MAIL TAX STATEMENTS TO:
Wiuft Energy LTD,a California Corporation I I�II�IlI�IIf IIII�IIIIIIII IIiI�IIIIIII III��I�IIIIIIl�I
/o go A Alm 8afize 1 It !1 ttll ii 11
R U PAGE I SIZE I DA I MISC LONG RFD COPY
�crn �'pr/r�gs,Crd9��6Z
TITLE ORDER NO. 2794-196277 M A L 1 466 426 OR NCOR SMF NCHG 1E%AM
ESCROW NO. 2795-196277
APN. 666.32o-OD5-0&666-320-026-9 r: cry uNl
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"4187 GRANT DEED
THE UNDERSIGNED GRANTOR(S)DECLARE(S): T
DOCUMENTARY TRANSFER TAX is: $0.00 , CITY TAX is:
Monument Preservation Fee is:
El computed on full value of property conveyed,or NO Consideration
❑ computed on full value less value of liens and encumbrances remaining at time of sale.
❑ Unincorporated area: 18 City of Pala Springs, and
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
Palm Energy Properties,a California General Partnership
hereby GRANT(S)to Wintec Energy LTD,a California Corporation _
City of Palm Springs
the following described real property in the/,County of Riverside,SSttaate o California:
FOR LEGAL DESCRIPTION,SEE- EXHIBIT A-ATTACHED HERETO AND MADE A PART HEREOF.
"R&T Code 11911:No Documentary Transfer Tax is due as this deed is given on real property withoim consideration."
Dated: September 17,2009 Palm Energy Properties,a California General
Partnership
By: Wintee Energy, LTD, general
STATE OF CALIFORNIA :'partner -
By: SICNED IR COUNTERPART
COUNTY OF Lps Aoyt-cD E der ck W. No , President
By:
On }GMKJrt� r7 before me, Rap WI; £ngkt General Partner
? o ra a Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the DESI ZAMORA
person(4,whose name(4 Woe subscribed to dte within instrument and CbmndWon• t81 t581
acknowledged to me that he/glteltltpy executed the same in his4hLrio(ek NOW Public.CaRPomia
audtorued capacity(}aS�f and that by hid/ltafldn�fr signatureVon the Los Angeles County
instrument the person(p�of the entity upon behalf ofwhieh the persarf� Comm.E tpirer Sep 11,=pup
aged executedth nstrout
I certify under P ALTY OF PERJURY under the laws of the Sax of
California that the f rig paragraph is true and coaecL
NITWESS my hand fficial?mAjL
Signattue ISri11
!TAXtSTATENMENIS AS DIRECTED ABOVE
1. 14
EXHIBIT "A"
RECORDING.REQUESTED BY:
Stewart Title of California
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
Winter Energy LTD,a California Corporation
411" 4vl aqs,�i9
TITLE ORDER NO. 2794-196277
ESCROW NO. 2795-196277
APN. 666-320-005.0&666-320-026-9 SP^CEABO'ETSL1NEF0RaE -3RISE
77,';� ell— 0&7 GRANT DEED
THE UNDERSIGNED GRANTOR(S)DECLARE(S):
DOCUMENTARY TRANSFER TAX is: $0.00 CITY TAX is:
Monument Preservation Fee is:
M computed on full value of property conveyed,or
❑ computed on full vahm less value of liens and eacambrawas remaining at time of We,
❑ Uniocurporatedarea: ® Cityof;Palm Springs, and
FOR A VALUABLE CONSIDERATION,receipt of which is hereby adnowltdged,
Palm Energy Properties,a California general partnership
hereby GRANT(S)to Whuec Energy LTD,�a�C�allifornia Corporation .
the following described real property in the/Coahty of Riverside, of California:
FOR LEGAL OESCRPTION,SEE- EXIBBTT A-ATTACK HERETO AND MADE APART HEREOF.
"R&T Code 11911:No Documentary Transfer Taxis due as this deed is given on real property without oomideratioa"
Dated: September 17,2009 Palm Faargy Properties,a California general
darmtrship
By: Wintec Energy, LTD, general
STATE OF CALIFORNIA ;+partner
By: eF
COUNTYOF ��e i By: SIGNED IN k W?/Il President
COUNTERPART
On QG�o�C ai2E before me, Ralpb::Wk. Engh, a General Vartner
IZatin /Lnv. ram((, a Notary Public,
personallyappeared_ r= . Alebl
who proved to me on the basis of satisfactory evidence to be the — - - - - - - - - -
personW,whose name(*)islaw subscribed to the within instrument and i MA AM BUTTINEI,U
aclmowledged to nit that heishaghay executed the same in his&e�ah CWraa MM O TEll U
authorized capacity(iara,and that by hivhwkMk signature(a)on the Notary PYMo,Cditnla
instrument the person(e)or'the entity upon behalf of which the persons) Sera Otatut" 12
acted,executed the instrument _
I certify under PENALTY OF PERJURY under the laws of the Sbde of
California that the foregoing paragraph is true and correct.
WITNESSm lSignature
MAIL TAX STATMVM Mfa AS DIRECrB[3ABOVE
15
EXHIBIT "A"
E7 mrr-A-
LEGAL DESCRIPTION
PARCEL A:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 15,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL B:
LOT I OF TRACT NO.20335,AS PER MAP RECORDED IN BOOK 163,PAGES 95 AND 96 OF TRACT
MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA`
16
EXHIBIT "B"
19th AVENUE
That portion of the North half of 19th Avenue, shown as Lot"C" on Tract Map No. 20335, per
Map Book 163, Pages 95-96, inclusive, official Records of Riverside County, accepted by the
County of Riverside on November 25, 1986, and annexed by the City of Palm Springs as part
of Annexation No. 26 on October 5, 1994.
The South half of 19'h Avenue, shown in a Grant of Right-of-Way to the City of Palm Springs
(City File Number R 11-09B), and recorded on January 4, 2012, as Doc. No. 2012-0001839,
official Records of Riverside County Recorder.
17
EXHIBIT °C"
CIirWiIT'LC1CA710N
19TH AVENUE
W 2Ink
Q
W
Y
20TH AVENUE
�O V152C Y ii1AP
nor ro sau:
NORTHERLY SOUTHERLY
RIGHT OF WAY LINE 19TH AVENUE RIGHT OF WAY LINE
74'
30' 1 44'
I it6" 20' 5.8'
F PPLAN
' VARIES Via #7MAX.
ARRAY PAD
=-- 22 (T%MAX.)
m 1% MAX.
G SURFACE 4" MIN. 2:1 MAX. '(' )
SLOPE
35W DIRECT BURIAL CABLE �-�
(SEE SHEET 3 OF 3 FOR SECTION)
VEW
NOT TO SCALE
Engineering • Planning
19TH AVE ENCROACHMENT EXHIBIT •Survey • Environmental
WINTEC III - KAREN INTERCONNECT The Altum Group
73-255 El Paseo Drive,Suite 15.Palm Desert,CA 92260
SHEET 1 OF 3 T.760.346.4750 F.760.340.0089
18
EXHIBIT "c"
WK ( q�
5' MIN SEPARATION
BETWEEN LINES
SPI i\gp
0
M
APN:
74'
666-320-026 1
' 30' 44'
EXISTING R.O.W. EXISTING R.O.W.
TRACT MAP 20335 I DOC, NO. 2012-0001839,
BOOK 163, PAGE 95-96 RECORDED JANUARY 4, 2012,
b RIVERSIDE COUNTY, O.R.
Ile W
APN:
Z 666-330-001
Ou
QI
EXISTING R.O.W.
DOC. NO. 2012-0001840,
RECORDED JANUARY 4, 2012,
RIVERSIDE COUNTY, O.R.
.� A -c� o
M
KAREN AVENUE
19TH AVE ENCROACHMENT EXHIBIT
WINTEC III - KAREN INTERCONNECT SHEET 2 OF 3
19
EXHIBIT "C"
i 30' WIDE ENCROACHMENT
I UNDISTURBED I
i TOPSOIL
It—
CI
I l 1= I 1 1I COMPACTED
�x; I I .;TOPSOIL
/ — '"
cq
to CABLE P O
BBAACK LIED
TAPE
P P
l
(3)35KV CABLE *SHADE
CONDUITS — (6 r / r r
TOTAL WITHIN
ENCROACHMENT) FLUIDIZED THERMAL BACKFlLL
lo (FTB) PER CONSTRUCTION
BARE COPPER a SPECIFICATIONS
TREND GROUND
WIRE [HTYP.) / / / r / <o *SHADE
rrs rrr
"
1' MIN.— 9' MAX. VARIES IV MIN.1 VARIES ( 1' MIN.- 9' MAX.
TFENCH DEt'ALS
NOT TO SCALE
'SMALL ROCK OR SAND AS LEVELING COMPONENT
19TH AVE ENCROACHMENT EXHIBIT
WINTEC III - KAREN INTERCONNECT SHEET 3 OF 3
20
EXHIBIT "D"
TRANSMISSION & COMMUNICATIONS
ENCROACHMENT LOCATION
EL 11-01
AREA A:
THE SOUTHERLY 30.00 FEET OF THE EASTERLY 30.00 FEET OF THE WESTERLY
430.00 FEET OF THE NORTHWEST ONE QUARTER OF SECTION 15,TOWNSHIP 3
SOUTH,RANGE 4 EAST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT
THEREOF,ALSO BEING ACROSS A PORTION OF A 30.00 FOOT RIGHT-OF-WAY OF
19TH AVENUE AS SHOWN ON TRACT MAP NO.20335,FILED IN MAP BOOK 163,
PAGES 95 AND 96,INCLUSIVE,OFFICIAL RECORDS OF RIVERSIDE COUNTY;
DESCRIBED PARCEL CONTAINS 900 SQUARE FEET,MORE OR LESS AND AS
SHOWN ON THE ATTACHED PLAT,BY THIS REFERENCE BEING MADE A PART
HEREOF,ALONG WITH THE FOLLOWING PARCEL;
AREA B:
THE NORTHERLY 44.00 FEET OF THE EASTERLY 30.00 FEET OF THE WESTERLY
430.00 FEET OF THE SOUTHWEST ONE QUARTER OF SECTION 15, TOWNSHIP 3
SOUTH,RANGE 4 EAST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT
THEREOF,ALSO BEING ACROSS A PORTION OF A 44.00 FOOT RIGHT-OF-WAY OF
19TH AVENUE AS SHOWN ON A DEED RECORDED JANUARY 4,2012,AS
DOCUMENT NUMBER 2012-0001839, OFFICIAL RECORDS OF RIVERSIDE COUNTY;
DESCRIBED PARCEL CONTAINS 1,320 SQUARE FEET,MORE OR LESS AS SHOWN
ON THE ATTACHED PLAT, BY THIS REFERENCE BEING MADE A PART HEREOF.
Prepared under the supervision of:
ffjjDate: PA12 \O�yp,1.lAArD
Michael A.Spurkosky �5 va SP GQG
Expires 12/31/11 F m
THE ALTUM GROUP t1273 OK a
73-255 El Pasco Drive,Suite 15
Palm Desert,CA 92260 * EXR IZ 31 13
(760)346-4750 1j �P
q�OF CAW
L*WojectslC1059 19MAveEzN bWB1sumy1eesements1&A TransCommEsmtdoc
Page 1 of 1
21
SHEET 1 OF 1
EXHIBIT "D"
TRANSMISSION & COMMUNICATIONS
ENCROACHMENT LOCATION
EL 11-01
Og
5�'�6
_ �
SEC7ON LINE \� TRACT MAP NO. 20335
\�O M.B. 163/95-96
W1/4 COR SEC 15 9O
19TH AVENUE � ' AREA A. 900 SO FT
PER DOC. NO. 2012-0001mg,
19TH AVENUE a47ED ^ 4. tow, AREA a 1,320 SO. FT.
RNERSIDE COUMY, O.R.
WES7ERLY 4J0.00 FEET
—T 30
� &
z
w
&JAL LgNOS
m
a N0.9273 SCALE:
* EaP 2 13 * 1"=100'
�9 OFcaU�Q°��
PREPARED UNDER THEE Planning
SUPERVISION OF.- .Survey •Environmental
Altu
11�G d The 9' Lzi r Group ZOl Z 73-255 Easeo Drive,Suite 15,Palm Desert;CA 92260
MICHAEL A. SPURKOS P.L B27 GATE t.760-WA750 TheAlturaGroup.com f.760M.CM
- 22