HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 2.K. Southland Title
650 East Hospitality Lane, Suite 125
G Southland Title San Bernardino, 89 -9109
Southland L+ L Phone: (909) 890-9109
Fax: (909) 890-0486
November 26, 2008
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
YOUR REF: City of Palm Springs
OUR NO,' 68621560
Property: Vacant Land, Apn: 677-250-062 , Palm Springs, California
Dear Customer:
On behalf of LandAmerica, Southland Title, please find your ALTA Owners 2006 Policy of Title
Insurance.
Transnation Title Insurance Company has merged into Lawyers Title Insurance Corporation. As a
result, effective September 1, 2008 all title polices will be issued under and honored by Lawyers Title
Insurance Corporation.
NOTE: Your policy is a Computer Generated Product. Although lacking color and "live" signatures, it is
the original of your policy.
Thank you for selecting LandAmerica for your transactional management needs.
Enclosure
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This policy has been issued through the offices of
Southland Title
C ~ia 650 East Hospitality Lane, Suite 125
Southland Title San Bernardino, CA 92408
3'�'
Phone: 890-9109
Fax: (909) 890-0486
We wish to take this opportunity to thank you for allowing us to assist you in
your recent real estate transaction. We appreciate your confidence in us and
take pride in our ability to service all your title needs.
The enclosed title policy was carefully prepared in accordance with your
agent's instruction and should be kept in a safe place with your other
important documents as it continues to protect you as long as you have an
interest in the subject real property.
We hope we can be of assistance to you in all your future real estate
transactions.
Cordially,
by:
Authorized Signatory
Margaret Foster
PRIVACY POLICY NOTICE
LandAmerica Financial Group, Inc. and its family of affiliated companies ("LandAmerica") respect the privacy of
our customers' personal information. This Notice explains the ways in which we may collect and use personal
information under the LandAmerica Privacy Policy.
LandAmerica provides title insurance and other real estate services through its affiliates. The two largest
members of the LandAmerica family, Commonwealth Land Title Insurance Company and Lawyers Title
Insurance Corporation, and their title affiliates, issue title policies and handle real estate closings across the
country. You may review a complete list of the LandAmerica family of affiliates covered by this Privacy Policy
on our website at htto://www.landam.com under the privacy policy link or request a copy be sent to you from
the address listed below. The LandAmerica Privacy Policy applies to all LandAmerica customers, former
customers and applicants. Please visit our website for an explanation of our privacy practices relating to
electronic communication.
What kinds of information we collect: Depending on the services you use, the types of information we may
collect from you, your lender, attorney, real estate broker, public records or from other sources include:
• information from forms and applications for services, such as your name, address and telephone number,
• information about your transaction, including information about the real property you bought, sold or
financed such as address, cost, existing liens, easements, other title information and deeds,
• with closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also
collect your social security number as well as information from third parties including property appraisals, credit
reports, loan applications, land surveys, real estate tax information, escrow account balances, and sometimes
bank account numbers or credit card account numbers to facilitate the transaction, and
information about your transactions and experiences as a customer of ours or our affiliated companies, such
as products or services purchased and payments made.
How we use and disclose this information: We use your information to provide you with the services,
products and insurance that you, your lender, attorney, or real estate brokers have requested. We disclose
information to our affiliates and unrelated companies as needed to carry out and service your transaction, to
protect against fraud or unauthorized transactions, for institutional risk control, to provide information to
government and law enforcement agencies and as otherwise permitted by law. As required to facilitate a
transaction, our title affiliates record documents that are part of your transaction in the public records as a legal
requirement for real property notice purposes.
We do not share any nonpublic personal information we collect from you with unrelated companies for their own
use.
We do not share any information regarding your transaction that we obtain from third parties (including credit
report information) except as needed to enable your transaction as permitted by law.
We may also disclose your name, address and property information to other companies who perform marketing
services such as letter production and mailing on our behalf, or to other financial service companies (such as
insurance companies, banks, mortgage brokers, credit companies) with whom we have joint marketing
arrangements. Additionally, some LandAmerica affiliates may share information about their transaction and
experiences with you in order to identify opportunities to market other LandAmerica services or products that
may be useful to you.
How we protect your information: We maintain administrative, physical, electronic and procedural
safeguards to guard your nonpublic personal information. We reinforce our privacy policy with our employees
and our contractors. Joint marketers and third parties service providers who have access to nonpublic personal
information to provide marketing or services on our behalf are required by contract to follow appropriate
standards of security and confildentiality.
Title insurance agents may be covered by this policy: If your transaction goes through a title insurance
agent that is not part of the LandAmerica family, the agent handling your transaction should provide you with
the agent's own privacy policy or evidence that the agent has adopted our policy.
If you have any questions about this privacy statement or our practices at LandAmerica, please email us at
customerservice@landam.com or write us at: LandAmerica Privacy, P.O. Box 27567, Richmond, VA
23261.
Form 3391-6 (Rev. September 2008)
OWNER'S POLICY OF TITLE INSURANCE
Issued by Lawpgyers Title Insurance Corporation
R.:jsedT`J'.°nerka Lawyers Title Insurance Corporation is a memberofthe
Lawyers Title LandAmenca family ofirtle insurance undenwntem.
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given
to the Company at the address shown in Section 18 of the Condltlons.
COVERED RISKS
SU8JECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE E, AND THE
CONDITIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation (the"Company')Insures, as of Date of Policy and,to
the extent stated in Covered Risks 9 and 10,after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,sustained or
incurred by the Insured by reason of
1. Title being vested other than as stated in Schedule A.
2. Any defect in or Ilen or encumbrance on the Title. This Covered Risk includes but is not limited to Insurance against loss from
(a) A defect in the Title caused by
(i) forgery,fraud,undue Influence,duress,incompetency,incapacity,or impersonation;
(n) failure of any person or Entity to have authorized a transfer or conveyance,
(Ili) a document affecting Title not properly created,executed,witnessed,sealed acknowledged,notarized,or delivered,
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law,
(v) a document executed under a falsified,expired,or otherwlse Invalid power of attorney,
(vl) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance violation,varlatlon,or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land The term "encroachment" includes encroachments of existing improvements
located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3 Unmarketable Title.
4. No right of access to and from the Land
5 The violation or enforcement of any law, ordinance, permit or governmental regulation (including those relating to budding and zoning)
restricting regulating prohibiting,or relating to
(a) the occupancy, use,or enjoyment of the Land,
(b) the character,dimensions or location of any Improvement erected on the Land
(c) the subdivision of land,or
(d) environmental protection
if a notice,describnS any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only
to the extent of the violation or enforcement referred to in that notice
6 An enforcement action based on the exercise of a governmental pollee power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded In the Public Records, but only to the extent of the enforcement referred to in that
notice.
7 The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,Is recorded in the Public Records.
a, Any taking by a goverrimerital body that has occurred and is bindmg on the rights of a purchaserfor value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoldance In whole or in part, or from a court orcer providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer underfecieral bankruptcy,state Insolvency,or similar creditors'rights
laws,or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy,state insolvency,or similar creditors rights laws by reason of the failure of its recording in the Public Records
(i) to be timely,or
(II) to impart notice of its existence to a purchaser for value orto a judgment or lien creditor.
10 Any defect in or lien or encumbrance on the Title or other matter Included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Polity and prior to the recording of the deed or other instrument
of transfer In the public Records that vests Title as shown in Schedule A
The Company will also pay the costs,altomey5'fees and expenses incurred In defense of any matter insured against by this Policy,but only to
the extent provided In the Conditions
IN WITNESS WHEREOF,the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and
scaled as required by itc gv-1_aws.
LAWYERS TITLE INSURANCE CORPORATION
511,RAry� on
Attest. -m-SEAL.'•a5 By- � L �l"^�f"S
Secretary r" ,NFannsxP?°�
President
Dbl Cover_ALTA Owner's Policy(06117/06) Valid only if Schedules A and 6 are attached
Form 1190-126
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs, attorneys'
fees or expenses that arise by reason of
1. (a) Any law ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting regulating,
prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land
(II) the character,dimensions or location of any Improvement erected on the Land;
(iil) the subdivision of land,or
(iv) environmental protection,
or the effect of any violation of these laws ordinances,or governmental regulations This Exclusion 1(a)does not modify or limit
the coverage provided under Covered Risk 5
(b) Any governmental police power. This Exclusion 1(h)does not modify or limit the coverage provided under Covered Risk 6.
2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects liens,encumbrances,adverse claims,or other matters
(a) created, suffered,assumed,or agreed to by the Insured Claimant
(b) not Known to the Company not recorded in the Public Records at Date of Policy but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy:
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered
Risk 9 and 10 or
(a) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, Or similar creditors' rights laws that the transaction vesting
the Title as shown In Schedule A,is
(a) a fraudulent conveyance Or fraudulent transfer or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy
5. Any lien on the Title for real estate taxes Or assessments imposed by governmental authority and created or attaching between Date of
Polley and the date of recording of the deed or other instrument Of transfer In the Public Records thatvests Title as shown in Schedule A
CONDITIONS
1 DEFINITION OF TERMS affixed Improvements that by law constitute real property The term
The following terms when used in this policy mean "Land' does not include any property beyond the lines of the area
(a) "Amount of Insurance' The amount stated in described in Schedule A. nor any right, title, Interest, estate or
Schedule A, as may be Increased or decreased by endorsement to easement In abutting streets, roads, avenues, alleys lanes, Ways,
this policy, increased by Section 8(b), or decreased by Sections 10 or waterways, but this does not modify or limit the extent that a right
and if of these Conditions. of access to and from the Land is insured by this policy.
(b) "Date of Policy" The date designated as "Date of (h) "Mortgage" Mortgage, deed Of trust, trust deed, or
Policy"in Schedule A other security Instrument, including one evidenced by electronic
(c) "Entity": A corporation partnership, trust, limited means authorized by law.
liability company,Or Other similar legal entity. (i) "Public Records": Records established under state
(d) "Insured". The Insured named in Schedule A statutes at Date of Policy for the purpose of imparting constructive
(i) The term"Insured"also includes notice of matters relating to real property to purchasers for value
(A) successors to the Title of the Insured by and without Knowledge. With respect to Covered Risk 5(d),"Public
operation of law as distinguished from purchase including heirs Records" shall also Include environmental protection liens filed In
devisees,survivors personal representatives,or next of km, the records of the clerk of the United Stales District Court for the
(E) successors to an Insured by dissolution district where the Land is located
merger,consolidation,distribution,Or reorganization; p) Title". The estate or interest described in Schedule
(C) successors to an Insured by Its A
conversion to another kind Of Entity; (k) "Unmarketable Title": Title affected by an alleged or
(D) a grantee of an Insured under a deed apparent matter that would permit a prospective purchaser or
delivered without payment of actual valuable consideration lessee of the Title or lender on the Title to be released from the
conveying the Title obligation to purchase, lease. Or lend If there is a contractual
(1) If the stock shares memberships condition requiring the delivery of marketable title.
or other equity interests of the grantee are wholly-owned by the 2. CONTINUATION OF INSURANCE
named Insured, The coverage of this policy shall continue in force as of Date of
(2) If the grantee wholly owns the Policy in favor Of an Insured, but only so long as the Insured retains
named Insured, an estate Or Interest In the Land,or holds an obligation secured by a
(3) if the grantee is wholly-owned by purchase money Mortgage given by a purchaser from the Insured,
an affiliated Entity Of the named Insured, provided the affiliated or only so long as the Insured shall have liability by reason of
Entity and the named Insured are both wholly-owned by the same warranties In any transfer or conveyance Of the Title. This policy
person or Entity or shall not continue in force in favor of any purchaser from the
(4) if the grantee is a trustee Or Insured of =iiher (i) an estate or Interest In the Land, or (n) an
beneficiary OF a Li._l created by a written instrument<slaaiished by obligation secured by a purchase money Mortgage given to the
the Insured named In Schedule A for estate planning purposes Insured.
(n) With regard to (A) (8), (C), and (C7 reserving, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
however, all rights and defenses as to any successor that the The Insured shall notify the Company promptly in writing(i)in case
Company would have had against any predecessor Insured. of any litigation as set forth In Section 5(a) of these Conditions (u)
(e) "Insured Claimant" An Insured claiming loss or in case Knowledge shall come to an Insured hereunder of any claim
dame-go, of hdc or Interest that is adverse to the Title, as insured and that
(f) "Knowiedge" or "Known" Actual knowledge, not might cause loss Or damage for which the Company may be liable
constructive knowledge or notice that may be imputed to an Insured by virtue of this policy or(iii)if the Title, as insured,Is rejected as
by reason of the Public Records or any other records that impart Unmarketable Title. If the Company is prejudiced by the failure Of
constructive notice Of matters affecting the Title the Insured Claimant to provide prompt notice, the Company's
(g) "Land" The land described in Schedule A and
` Conditions Continued
liability to the Insured Claimant under the policy shall be reduced to Company,it is necessary in the administration of the claim. Failure
the extent of the prejudice of the Insured Claimant to submit for examination under oath,
A. PROOF OF LOSS produce any reasonably requested information, or grant permission
In the event the Company is unable to determine the amount of loss to secure reasonably necessary Information from third parties as
or damage, the Company may, at its option, require as a condition required in this subsection, unless prohibited by law or
of payment that the Insured Claimant furnish a signed proof of loss governmental regulation, shall terminate any liability of the
The proof of loss must describe the defect, lien, encumbrance, or Company under this policy as to that claim.
other matter Insured against by this policy that constitutes the basis 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
of lass or damage and shall state, to the extent possible the basis TERMINATION OF LIABILITY
of calculating the amount of the loss or damage. In case of a claim under this policy the Company shall have the
5. DEFENSE AND PROSECUTION OF ACTIONS following additional options,
(a) Upon written request by the Insured, and subject to (a) To Pay or Tender Payment of the Amount of
the options contained in Section 7 of these Conditions, the Insurance.
Company, of Its own cost and without unreasonable delay shall To pay or tender payment of the Amount of Insurance under this
provide for the defense of an Insured in litigation in which any third policy together with any costs, attorneys' fees, and expenses
party asserts a claim covered by this policy adverse to the Insured incurred by the Insured Claimant that were authorized by the
This obligation is limited to only those stated causes of action Company up to the time of payment or tender of payment and that
alleging matters Insured against by this policy. The Company shall the Company is obligated to pay.
have the right to select counsel of its choice (subject to the right of upon the exercise by the Company of this option, all habitty and
the Insured to object for reasonable cause)to represent the Insured obligations of the Company to the Insured under this policy, other
as to those stated causes of action. It shall not be liable for and will than to make the payment required in this subsection, shall
not pay the fees of any other counsel. The Company will not pay terminate, including any liability or obligation to defend, prosecute,
any fees,costs,or expenses incurred by the Insured in the defense or continue any litigation.
of those causes of action that allege matters not Insured against by (b) To Pay or Otherwise Settle With Parties Other Than
this policy. the Insured or With the Insured Claimant.
(b) The Company shall have the right,in addition to the (i) To pay or otherwise settle with other parties for or
options contained in Section 7 of these Conditions, at its own cost, in the name of an Insured Claimant any claim insured against under
to institute and prosecute any action or proceeding or to do any this policy. In addition, the Company will pay any costs, attorneys'
other act that In its opinion may be necessary or desirable to fees, and expenses incurred by the Insured Claimant that were
establish the Title, as insured, or to prevent or reduce loss or authorized by the Company up to the time of payment and that the
damage to the Insured The Company may take any appropriate Company Is obligated to pay,or
action under the terms of this policy, whether or not it shall be table (II) To pay or otherwise settle with the Insured
to the Insured. The exercise of these rights shall not be an Claimant the loss or damage provided for under this policy,together
admission of liability or waiver of any provision of this policy. If the with any costs, attorneys' fees, and expenses incurred by the
Company exercises its rights under this subsection, it must do so Insured Claimant that were authorized by the Company up to the
diligently. Lime of payment and that the Company Is obligated to Pay,
(c) Whenever the Company brings an action or asserts Upon the exercise by the Company of either of the options provided
a defense as required or permitted by this policy,the Company may for in subsections (b)(i) or (u), the Company's obligations to the
pursue the litigation to a final determination by a court of competent Insured under this policy for the claimed loss or damage,other than
jurisdiction, and it expressly reserves the right in its sole discretion, the payments required to be made, shall terminate, including any
to appeal any adverse judgment or order. liability or obligation to defend,prosecute,or continue any litigation.
6. DUTY OF INSURED CLAIMANT TO COOPERATE 8. DETERMINATION AND EXTENT OF LIABILITY
(a) In all cases where this policy permits or requires the This policy is a contract of indemnity against actual monetary Company to prosecute or provide for the defense of any action or y H 9 ry loss
proceeding and any appeals, the Insured shall secure to the or damage sustained or incurred by the Insured Claimant who has
Company the right to so prosecute or provide defense in the action suffered loss or damage by reason of matters insured against by
or proceeding, including the right to use, at Its option, the name of this policy.
the Insured for this purpose. Whenever requested by the Company (a) The extent of liability of the Company for loss or
the Insured,at the Company's expense, shall give the Company all damage under this policy shall not exceed the lesser of
reasonable aid (I) in securing evidence, obtaining witnesses (I) the Amount of Insurance,or
prosecuting or defending the action or proceeding or effecting O the difference between the value of the Title as
settlement, and(i) in any other lawful act that In the opinion of the insured and the value of the Title subject to the risk insured against
Company may be necessary or desirable to establish the Title or by this policy.
any other matter as insured. If the Company is prejudiced by the (b) If the Company pursues its rights under 5ectron 5 of
failure of the Insured to furnish the required cooperation, the these Conditions and is unsuccessful In establishing the Title, as
Company's obligations to the Insured under the policy shall insured
terminate, including any liability or obligation to defend, prosecute, (I) the Amount of Insurance shall be increased by
or continue any litigation, with regard to the matter or matters 10% and
requiring such cooperation. (r) the Insured Claimant shall have the right to have
(b) The Company may reasonably require the Insured the loss or damage determined either as of the date the claim was
Claimant to submit to examination under oath by any authorized made by the Insured Claimant or as of the date it is settled and
representative of the Company and to produce for examination paid.
inspection, and copying at such reasonable times and places as (c) In addition to the extent of liability under(a) and(b),
may be designated by the authorized representative of the the Company will also pay those costs, attorneys' fees, and
- _ Company, all records, in wnatevor hi maintained including expenses r—ried in ecc,rdnnce ."th Sections 5 and 7 of these _
books ledgers, checks, memoranda, correspondence, reports e- Conditions -
malls, disks, tapes and videos whether bearing a date before or 9• LIMITATION OF LIABILITY
after Data of Policy, that reasonably pertain to the loss or damage (a) If the Company establishes the Title, or removes the
Further, if requested by any authorized representative of the alleged defect, lien, or encumbrance, or cures the lack of a right of
Company,the Insured Claimant shall grant Its permission,in writing access to or from the Land, or cures the claim of Unmarketable
for any authorized representative of the Company to examine, Title,all as insured,In a reasonably diligent manner by any method,
inspect, and copy all of these records in the custody or control of a Including litigation and the completion of any appeals, it shall have
third parry that reasonably pertain to the loss or damage All fully performed its obligations with respect to that matter and shall
information designated as confldenlial by the Insured Claimant not be liable for any loss or damage caused to the Insured.
provided to the Company pursuant to this Section shall not be (b) In the event of any litigation,including litigation by the
disclosed to others unless in the reasonable judgment of the Company or with the Company's consent, the Company shall have
no liability for IQ5s or damage until there has been a final
Conditions Continued
determination by a court of competent jurisdiction,and disposition of $2,000,000 or less shall be arbitrated at the option of either the
all appeals,adverse to the Title,as insured. Company or the Insured All arbitrable matters when the Amount of
(e) The Company shall not be liable for loss or damage to Insurance is in excess of S2,000,000 shall be arbitrated only when
the Insured for liability voluntarily assumed by the Insured in settling agreed to by both the Company and the Insured Arbitration
any claim or suit without the prior wniten consent or the Company. pursuant to this policy and under the Rules shall be binding upon
10.REDUCTION OF INSURANCE; REDUCTION OR this parties. Judgment upon the award rendered by the Arbitrator(s)
TERMINATION OF LIABILITY may be entered in any court of competent jurisdiction.
AJI payments under this policy,except payments made for costs, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
attorneys fees,and expenses.Shall reduce the Amount of CONTRACT
Insurance by the amount of the payment (a) This policy together with all endorsements, if any,
11. LIABILITY NONCUMULATIVE attached to it by the Company is the entire policy and contract
The Amount of Insurance shall be reduced by any amount the between the Insured and the Company. In interpreting any
Company pays under any policy insuring a Mortgage to which provision of this policy,this policy shall be construed as a whole
exception Is taken in Schedule S or to which the Insured has (b) Any claim of loss or damage that anses out of the
agreed, assumed, or taken subject, or which is executed by an status of the Title or by any action asserting such claim shall be
Insured after Date of Policy and which is a charge or lien on the restricted to this policy.
Title, and the amount so paid shall be deemed a payment to the (c) Any amendment of or endorsement to this policy must
Insured under this policy, be in writing and authenticated by an authorized person, or
12. PAYMENT OF LOSS expressly incorporated by Schedule A of this policy
When liability and the extent of loss or damage have been definitely (d) Each endorsement to this policy issued at anytime is
fixed In accordance with these Conditions,the payment shall be made a part of this policy and is subject to all of its terms and
made within 30 days, provisions Except as the endorsement expressly states,it does not
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (i) modify any of the terms and provisions of the policy Qi) modify
(a) Whenever the Company shall have settled and any prior endorsement (iii) extend the Date of Policy, or (iv)
paid a claim under this policy,it shall be subrogated and entitled to increase the Amount of Insurance
the rights of the Insured Claimant in the Title and all other rights and 16.SEVERAI3I11ITY
remedies in respect to the claim that the Insured Claimant has In the event any provision of this policy,in whole or in part,is held
against any person or property,to the extent of the amount Of any Invalid or unenforceable under applicable law, the policy shall be
lass,costs altorneys'fees and expenses paid by the Company. If deemed not to include that provision or such part held to be invalid,
requested by the Company the Insured Claimant shall execute but all other provisions shall remain in full force and effect.
documents to evidence the transfer to the Company of these rights 17.CHOICE OF LAW;FORUM
and remedies. The Insured Claimant shall permit Ire Company (o (a) Choice or Law: The Insured acknowledges the
sue,compromise,or settle in the name of the Insured Claimant and Company has underwritten the risks covered by this policy and
to use the name of the Insured Clsiment in any transaction or determined the premium charged therefor in reliance upon the law
litigation involving these rights and remedies affecting interests in real property and applicable to the
If a payment on account of a claim does not fully cover the loss of interpretation, rights, remedies, Or enforcement of policies of title
the Insured Claimant, the Company shall defer the exercise of Its insurance Of the jurisdiction where the Land Is located.
right to recover until after the Insured Claimant shall have recovered Therefore the court or an arbitrator shall apply the law of the
its lass jurisdiction where the Lend is located to determine the validity of
(b) The Company's right of subrogation includes the claims against the Title that are adverse to the Insured and to
rights of the Insured to indemnities, guaranties, other policies of interpret and enforce the terms of this policy In neither case shall
insurance, or bonds, notwithstanding any terms or conditions the court or arbitrator apply its conflicts Of law principles to
contained in those instruments that address subrogation rights determine the applicable law
14.ARBITRATION (b) Choice of Forum: Any litigation or other proceeding
Elther the Company or the Insured may demand that the claim Or brought by the Insured against the Company must be filed only In a
controversy shall be submitted to arbitration pursuant to the Title state Or federal court within the United States Of Amerlca or Its
Insurance Arbitration Rules of the American Land Title Association temlones having appropriate jurisdiction.
("Rules"). Except as provided in the Rules,there shall be no joinder 18. NOTICES,WHERE SENT
or consolidation with claims or controversies of other persons Any notice of claim and any other notice or statement in writing
Arbitrable matters may include but are not limited to, any required to be given to the Company under this Policy must be
controversy or claim between the Company and the Insured arising given to the Company at: Consumer Affairs Department PO Box
out of or relating to this policy,any service in connection with its 27567 Richmond,Virginia 2$261-7567
issuance or the breach of a policy provision or to any Other
controversy or claim arising out of the transaction giving rise to this
policy. Al arbitrable matters when the Amount of Insurance is
THANK YOU.
Title insurance provides For the protection of your real estate mvcsbncnt We suggest you keep this policy in a safe place where it can be readily available Forfuturc reference.
If you have quesbons about title insurance or the coverage provided by this policy,contact the office that issued this policy,oryou may tail or wide:
Lawyers Tille Insurance Corporation
Consumer Affairs
PD Box 27567 -
Richmond,Virginia 23261-7567
talephone,tollhee 000445-7000
web www landam corn
We thank you for choosing to do business with Lawyers Title Insurance Corporation,and look Forward to meeting your Future title insurance needs
Lawyers Tillo Insurance Corporation
is a member oFthe LandAmerica family of title insurance undeimiters
Lawyers Title
131190.126
_ Southland Title
;a 650 East Hospitality Lane, Suite I T 125
L]�I�h�d�tiC� San Bernardino, CA 92408
Title Phone; 890-9109
Fax: (909) 890-0486
ALTA Owners Policy 2006
POLICY OF TITLE INSURANCE
ISSUED BY
Lawyers Title Insurance Corporation
SCHEDULE A
Amount of Insurance' $750,000,00 File No.: 68621560
Address Reference: Vacant Land APN: 677-250-062 , Palm Springs, CA 922
Premium: $2,472.00
Endorsement Fees: $(-0-]
Date of Policy: October 06, 2008 at 8:00AM
1. Name of Insured:
City of Palm Springs, a Municipal Corporation
2. The estate or interest in the Land that is insured by this policy is:
A FEE
3. The estate or interest referred to herein is at the Date of Policy vested in:
City of Palm Springs, a Municipal Corporation
4. The Land referred to in this policy is situated in the County of Riverside, State of CALIFORNIA,
and is more particularly described in Exhibit"A" attached hereto and made a part hereof.
By:
Authorized Signatory
File No. 68621560
EXHIBIT "A"
All that certain real property situated in the County of Riverside, State of California, described
as follows:
That portion of the Northeast '/a of Section 7, Township 4 South, Range 5 East, San Bernardino
Base and Meridian, described as follows:
Commencing at the Northwest corner of said Section 7;
Thence South 890 51' 56" East, along the North line of said Section 7, a distance of 1320.41
feet to a point of intersection with that certain line shown as the cat line of the Northwest '/4 of
the Northwest 1/4 of Section 7 on Barbara Tract Unit No. 1 as shown by map on file in Book 39
Page(s) 57 of maps, Records of Riverside County, California;
Thence South 0' 16' 31" East, a distance of 50.00 feet to the true point of beginning;
Thence continuing South 0° 16' 31" East, a distance of 1026.98 feet to a point on the Westerly
right-of-way line of Gene Autry Trail (formerly bogie road and being 100.00 feet in width);
Thence North 110 37' 13" East, along said Westerly right-of-way line, a distance of 367.44 feet
to the beginning of a tangent curve concave Westerly, having a radius of 950.00 feet;
Thence Northerly along the arc of said curve, through a central angle of 11' 53'46", a
distance of 197.24 feet;
Thence tangent to said curve North 00 16' 33" West, a distance of 470.91 feet to a point on a
line that is parallel with and 50.00 feet Southerly of the Northerly line of said Section 7;
Thence North 890 51' 56"West, along said parallel line, a distance of 96.14 feet to the true
point of beginning;
Comprising 1.75 acres, more or less.
File No. 68621560
SCHEDULE
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses that arise by reason of:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien
not yet payable.
B. An assessment (1915 Act) by the improvement district shown below.
Series: AD 155
District: Palm Springs
For: Sewers &Street IMP
Bond Issued: July 25, 1989
Said assessment may be, and usually is, collected with the County/City general and special
taxes.
C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. An easement in favor of the public over any existing roads lying within said land.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: California Electric Power Company and California Water and
Telephone Company
Purpose: Poles
Recorded: August 26, 1960 as Instrument No. 75554 of Official Records
Affects: Said land
3. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: California Electric Power Company and California Water and
Telephone Company
Purpose: Anchors and guy wires
Recorded: November 18, 1960 as Instrument No. 98860 and 98361 both
of Official Records
Affects: Said land
4. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Desert Water Agency
Purpose: Pipelines and conduits
Recorded: August 15, 1968 as Instrument No. 79211 of Official Records
Affects: Said land
File No, 68621560
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Palm Springs
Purpose: Construct, maintain, repair, operate, and use for streets,
highways, underground sewers, public utility installation and
appurtenant uses, together with the Fight to dedicate or
declare the same for public use, in, on, under, over and across
Recorded; November 27, 1963 as Instrument No. 115141 of Official
Records
Affects: Said land
6. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Palm Springs, California, a Municipal Corporation
Purpose: Maintenance of streets and highways and public utilities
Recorded, November 18, 1969 as Instrument No. 118561 of Official
Records
Affects: Said land
7. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Palm Springs, California
Purpose: Maintenance of streets and highways and public utilities
Recorded: March 10, 1970 as Instrument No. 22485 of Official Records
Affects: Said land
8. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of
Survey
Recorded In Book 67 Page 85 of Official Records
END OF SCHEDULE B
Endorsements: NONE
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CITY COUNCIL STAFF REPORT
September 17, 2008 CONSENT CALENDAR
Subject: APPROVAL OF AGREEMENT FOR ACQUISITON OF REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF GENE AUTRY TRAIL
AND VISTA CHINO FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPING IMPROVEMENTS, CITY PROJECT 06-03
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City received a $1,374,755 Transportation Enhancement (TE) grant for construction
of a new, landscaped gateway entry at the Gene Autry Trail/Vista Chino intersection.
An element of this project includes construction of a new passive park located on vacant
land at the southwest corner of the Gene Autry Trail/Vista Chino intersection. Approval
of the agreement will allow the City to acquire the vacant land for this project.
RECOMMENDATION:
1) Approve Agreement No. an Agreement for Acquisition of Real Property
and Escrow Instructions with Lakshman Wickremesinghe, Chrisanthie
Wickremesinghe, and Deepika Ruwan Wickremesinghe, for that certain real
property located at the southwest corner of the Gene Autry Trail/Vista Chino
intersection, designated by Assessor's Parcel No. 677-250-062; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On December 14, 2005, the City Council approved staff's submittal of an application for
federal Transportation Enhancement (TE) grant funding for the Gene Autry Trail
Gateway Landscaping Improvements Project ("Project"), (see Attachment 1). On
February 13, 2008, the City Council approved conceptual plans for parkway and median
landscaping of Gene Autry Trail, from Vista Chino to Via Escuela; approved the
conceptual plan for a Gateway Entry Sign; and approved the conceptual plans for
construction of a pocket park located at the southwest corner of Gene Autry Trail and
!TEM NO. �"
City Council Staff Report
September 17, 2008- Page 2
Gene Autry Trail Gateway Landscaping Project
Acquisition of Real Property
Vista Chino. Subsequently, the City's consultant has proceeded with final design of this
project.
Concurrently, staff has coordinated the appraisal and acquisition of private property
located at the southwest corner of the Gene Autry Trail/Vista Chino intersection,
designated by Assessor's Parcel No. 677-250-062, which is a necessary component of
this project. The property is approximately 1.72 acres in size.
In coordination with the City's real estate consultant (Overland, Pacific and Cutler), the
real property was appraised and a fair market value of $750,000 for the property was
established. The City's real estate consultant has presented the City's offer to acquire
the real property to the property owners, who have consented to the City's offer as
presented. In consultation with the City Attorney, the attached agreement was prepared
and submitted to the property owners, and subsequently approved.
Staff recommends that the City Council approve the agreement, authorizing the
acquisition of the real property for the purposes of constructing the Gene Autry Trail
Gateway Landscaping Project, City Project 06-03.
FISCAL IMPACT:
All costs associated with the acquisition of property for this project are covered with
Quimby Act Fee funds (developer fees), funds that are specifically earmarked for park
improvements. These funds are not unspecified general purpose funds. Sufficient
funds have been budgeted in accounts 152-2460-51554 and 152-2460-51555.
Submitted:
'�ZL
David J. arakian Thomas J. W) on
Director of Public Works/City Engineer Assistant City Manager
:�
David H. Ready
City Manager
ATTACHMENTS:
1. December 14, 2005, staff report
2. Agreement
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City Council Staff Report
CITY COUNCIL DECEMBER 14, 2005
CONSENT CALENDAR
Subject: Gene Autry Trail Gateway Landscaping Improvements; 2005
Transportation Enhancement(TE) Grant Application
From, David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Riverside County Transportation Commission (RCTC) issued a call for projects to
Riverside County agencies, with funding made possible through the Transportation
Enhancement (TE) program. The Public Works and Engineering Department submitted
bNo applications, and after a competitive review process of applications submitted to
RCTC by various agencies, the RCTC Technical Advisory Committee recommended
approval to the RCTC Executive Board of 18 projects, including one submitted by the
City of Palm Springs. Accordingly, it is necessary to provide RCTC and Caltrans a
formal Resolution from the City Council to show support of and commitment of funds for
the project submitted by the Public Works and Engineering Department on behalf of the
City of Palm Springs.
RECOMMENDATION-
1) Adopt Resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE NOMINATION
OF THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS
FOR TRANSPORTATION ENHANCEMENT ACTIVITIES FUNDING'.
STAFF ANALYSIS:
On June 8, 2005, the Riverside County Transportation Commission (RCTC) released a
Call For Projects using federal funds made available through the Transportation
Enhancement(TE) Program. The TE Program provides federal funds for transportation
related projects that enhance the quality of life, in or around transportation facilities. TE
funds are apportioned to the State and are included in the State Transportation
Improvement Program (STIP), On September 29, 2005, RCTC adopted the STIP Fund
Estimate, which indicated a TE target amount of $18.8 million available for TE
ITEM NO. 2.C.
City Council Staff Report
December 14, 2005-Page 2
2005 TC Grant
programming in the STIP. However, three previously approved TE funded projects
totaling $1.2 million will be funded with the new STIP funding, leaving $17.6 million
available in RCTC's first call for TIC funded projects since October 1999.
The Public Works and Engineering Department realized the value of the TE funds, as
the TE Program provides funding for transportation improvements that would be difficult
to otherwise fund with gas tax, Measure A, or other local funding. The Department
previously applied for and received TE funds for the Gene Autry Trail and Ramon Road
median landscaping project, which was completed in 2004. Similarly, Department staff
reviewed opportunities for other landscaping or "transportation enhancement"
improvements, and prepared two project applications. Indian Canyon Drive
Landscaped Median Improvements, and Gene Autry Trail Gateway Landscaping
Improvements. The first project application was for TE funding of a new landscaped
median on Indian Canyon Drive from Granvia Valmonle to Vista Chino; and the second
project application was for TE funding of landscaping the new median to be constructed
on Gene Autry Trail between Vista Chino and Via ESCUBla (as part of the Gene Autry
Trail widening project), including the adjacent parkways, as well as creating a
`Gateway" entry monument sign and landscaped area at the southwest corner of Vista
Chino and Gene Autry Trail.
RCTG established project criteria and guidelines, allowing agencies within Riverside
County to submit a maximum of three projects with a minimum TE request per project of
5325,000 and a maximum of $1.5 million. On August 29, RGTG received 32 project
applications requesting $32 million in TE funds — $14.4 million over the TE funds
available. On October 3, 2005, the RCTC Technical Advisory Committee (TAC) met to
evaluate all of the submitted project applications. At the TAG meeting, representatives
of each agency presented their projects, and all projects were evaluated using the
RCTC evaluation criteria, with final scoring approved by the TAG on a consensus basis.
After an exhaustive and competitive process at the TAG meeting, fallowing final scoring
of the submitted project applications, a recommendation was made for TE funding of 18
project applications, including the Gene Autry Trail Gateway Landscaping
Improvements, submitted by the City of Palm Springs (see Attachment I)-
In order to fund the 18 selected projects, a 5.58% reduction to proposed TE funding was
made to all t8 projects. On November 9, 2005, RCTC formally approved the listing of
2005 TE projects, as recommended by the RCTC TAG. Following RCTC's approval,
the City's application for TE funding to create a new 'Gateway" at Gene Autry Trail and
Vista Chino will be submitted to Galtrans for inclusion into the STIP and funding
authorization by the California Transportation Commission (CTC).
The proposed project has been estimated to cost S2,220,000 (including design,
construction administration and contingencies). The approved TE funding was
established at $1,374,755 requiring a City "local match" of $845,245. However,
$400,000 of this amount has been conservatively estimated as the cast to acquire the
vacant parcel at the southwest corner of Gene Autry Trail and Vista Chine. This parcel,
identified by Assessor's Parcel Number 677-220-015 (included in Attachment 1), is
City Council Staff Report
December 14,2005-Page 3
2005 TE Grant
irregular in shape and size, and is zoned as"P", or Professional Zone. However, due to
its proximity to the adjacent residential neighborhood and two major arterials, required
setbacks render this parcel relatively useless. In lignt of the General Plan Policy 5.25.2
(e), which states "Establish and/or maintain, as feasible, primary entry improvements at
Gene Autry Trail @ Vista Chino", the 2005 TE Program funding is a key opportunity to
implement the Policy to provide an aesthetic entry into Palm Springs on Gene Autry
Trail,
It is proposed that the acquisition of the parcel be funded cntircly with local funds, using
Quimby Act park fees, as the parcel would be acquired for use as a landscaped pocket
park, with provisions for a future entry monument sign. Following issuance of bonds
associated with Community Facilities District 2005.2 (Escena), estimated to occur by
June 2006, approximately$2.8 million in Quimby Act park fees will be made available to
the City. Due to this parcel's proximity to Escena, it is recommended that the necessary
funds to acquire this parcel (estimated at $400,000) be budgeted from future funds
generated by the issuance of bonds in Community Facilities District 2005-2 (Escena).
The remaining $446,245 of the City's "local match"for the project will be budgeted from
future gas tax revenues. As it is not expected that design work will commence until the
2005/2007 fiscal year, with an estimated construction date of June 2008, appropriate
funds will be budgeted during the 200512007 and 2007/2008 fiscal years for the
remaining "local match".
Following Caltrans and CTC guidelines associated with the TE Program, it is
recommended that the City Council adopt the proposed Resolution formally authorizing
the nomination of the Gene Autry Trail Gateway Landscaping Improvements for 2005
TE Program funding, including all understandings and assurances required by the TE
Program, committing future local funds to the transportation enhancement activity, and
identifying the Assistant Director of Public Works/Asslstant City Engineer as the official
representative of the City with regard to the transportation enhancement activity. ,
FISCAL IMPACT. Finance Director Reyieww
Adoption of the Resolution and formal nomination of the ne Autry Trail Gateway
Landscaping Improvements for Transportation Enhance nt funding will commit the
City to funding of the future "local match" of $845,245 It will be necessary to budget
funds from future gax tax and other local funds (i.e. Quimby Act park fees) in the
2006/2007 and 2 07/2008 fiscal years to comply with this commitment.
David J. Barakian Thomas J. W I on
Director of Public Worksicity Engineer Assistant City Manager
David H. Ready, City r
ATTACHMENTS, f. Project Application, 2. Resolution
Project: Gene Autry Gateway Landscape Project
Project No.:
APN: 677-250-062
Parcel No.:
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW
INSTRUCTIONS (the "Agreement") is made and entered into as of
2008, by and between the CITY OF PALM SPRINGS, a municipal corporation
("Buyer") and LAKSHMAN WICKREMESINGHE and CHRISANTHIE
WICKREMESINGHE, husband and wife, and DEEPIKA RUWAN WICKREMESINGHE,
a single man, all as joint tenants (collectively hereinafter, "Seller"), with reference to the
following facts:
RECITALS
A. Seller is the owner of certain real property comprised of approximately
1.72 acres, located in the City of Palm Springs (the "City"), the County of Riverside (the
"County"), State of California (the "State"), designated by Assessor's Parcel No. 677-
250-062, more particularly described on Exhibit A attached hereto (the "Property").
B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller
the Property, in accordance with the terms and conditions contained in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained in this Agreement, and other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller
hereby agree as follows:
AGREEMENT
1. PURCHASE AND SALE.
1.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth
herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to
acquire and purchase from Seller, the Property. As used herein the "Property" shall
include the real property identified on Exhibit A and all of Seller's right, title and interest
in and to any and all entitlements, tenements, hereditaments, easements, easement
rights, rights to half-widths of all adjacent public streets and public rights of way, mineral
rights, oil and gas rights, water, water rights, air rights, development rights and
privileges appurtenant thereto and all improvements located thereon.
1.2. Purchase Price. The purchase price ("Purchase Price") for the Property
shall be SEVEN HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($750,000). The
Purchase Price shall be payable as follows: (a) ZERO DOLLARS and 00/100 ($0.00) as
Gene Autry Gateway Landscape Project
Wickremesinghe
APN 677-250-062
7
Agreement for Acquisition of Real Property and Escrow Instructions
earnest money deposits pursuant to Section 1.3, (b) an additional SEVEN HUNDRED
FIFTY THOUSAND DOLLARS and 00/100 ($750,000) in cash at closing.
1.3. Die osit. Within three (3) business days after the Opening of Escrow
(defined below), Buyer shall deposit with Escrow Holder (defined below) by wire transfer
the sum of ZERO DOLLARS and 00/100 ($0.00) (the "Deposit"), which Escrow Holder
shall invest in an interest bearing account with interest accruing for the benefit of Buyer.
2. ESCROW AND CLOSING.
2.1. Opening of Escrow. Within two (2) business days after execution of this
Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow")
with First American Title Company, at the address set forth in Section 7.12 ("Escrow
Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed
counterparts hereof. The date this fully executed Agreement is signed and accepted by
Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and
Escrow Holder shall advise Buyer and Seller of such date in writing.
2.2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees
to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the
conveyance of the Property which arise in this Escrow.
2.3. Closing Date: Conditions Precedent to Close of Escrow. The Close of
Escrow shall occur on or before , 2008 (the "Closing Date"). As used in
this Agreement, the "Close of Escrow" shall mean the date a Grant Deed, as provided
in Section 2.4.2(a) hereof ("Grant Deed"), is recorded in the Official Records of the
County.
2.4. Closing Documents. The parties shall deposit the following with Escrow
Holder prior to the Close of Escrow:
2.4.1 Buyer's Deposits. Buyer shall deposit:
(a) The balance of the cash payment, less the Deposit and
all interest accrued thereon (the "Purchase Price Balance"), together with Buyer's
escrow and other cash charges; and
(b) A Certificate of Acceptance for the Grant Deed in the
form of Exhibit C on Buyer letterhead.
2.4.2 Seller's Deposits. Seller shall deposit:
(a) The Grant Deed in the form of Exhibit B attached hereto,
the Property subject only to the Permitted Exceptions (defined below);
(b) An Assignment and Bill of Sale of all of Seller's right, title
and interest in and to any and all entitlements and plans pertaining to the Property, and
any personal property comprising the Property, in the form attached hereto as Exhibit D
(the "Assignment");
Gene Autry Gateway Landscape Project Page 2 of 9
Wickremesinghe
APN 677-250-062
08
Agreement for Acquisition of Rcal Property and Escrow Instructions
2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each
deposit such other instruments as are reasonably required by Escrow Holder or
otherwise required to proceed to the Close of Escrow and consummate the sale of the
Property in accordance with the terms of this Agreement.
2.5. Closing.
2.5.1 Necessay Actions of Escrow Holder. On the Close of Escrow,
Escrow Holder shall: (i) record the Grant Deed in the Office of the County Recorder of
the County, (fi) pay any transfer taxes, (iii) instruct the County Recorder to return the
Grant Deed to Buyer, (iv) distribute to Seller the Purchase Price (inclusive of the
Deposit and accrued interest), and (v) deliver to Buyer the Assignment, the Title Policy
covering the Property subject only to the Permitted Exceptions. Any and all financial
encumbrances are disapproved by Buyer and must be removed from title prior to
conveyance.
2.5.2 Taxes and Assessments. Real property taxes and assessments
shall be prorated as of the Close of Escrow on the basis of the most recent tax
information and such proration shall be final. Said prorations shall be based on a three
hundred sixty-five (365) day year.
2.5.3 Title and Possession. Upon the Close of Escrow, title to and
exclusive possession of the Property shall be conveyed to Buyer, subject only to the
Permitted Exceptions. Any and all financial encumbrances are disapproved by Buyer
and must be removed from title prior to conveyance.
3. POSSESSION AND USE. It is mutually understood and agreed by and
between the parties hereto that the right of possession and use of the Property by the
Buyer, including the right to remove and dispose of improvements, shall commence
upon the execution of this Agreement by all parties. The Purchase Price includes, but is
not limited to, full payment for such possession and use.
4. HAZARDOUS SUBSTANCES. Seller represents and warrants that
neither Seller nor any third party has used, generated, manufactured, stored or
disposed any Hazardous Substances in, at, on, under or about the Property or
transported any Hazardous Substance to or from the Property. Additionally, (a) the
Property is not in violation, nor has been or is currently under investigation for violation
of any federal, state or local law, ordinance or regulation relating to industrial hygiene,
worker health and safety, or to the environmental conditions in, at, on, under or about
the Property including, but not limited to, soil or groundwater conditions; (b) the Property
has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous
Substance; (c) there has been no discharge, migration or release of any Hazardous
Substance from, into, on, under or about the Property; (d) there is not now, nor has
there ever been on or in the Property underground storage tanks or surface
impoundments, any asbestos-containing materials or any polychlorinated biphenyls
used in hydraulic oils, electrical transformers or other equipment, and (e) there is not
now, nor has there ever been, debris or refuse buried in or under the Property which
would adversely affect the development of the Property. Seller hereby assigns to Buyer
Gene Autry Gateway Landscape Project Psgc 3 of 9
W ickremesinghe
APN 677-250-062
Agreement for Acquisition of Real Property and Escrow Instructions
as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at
common law, or pursuant to any other applicable federal or state or other laws which
Seller may have against any third parties relating to the existence of any Hazardous
Substance in, at, on, under or about the Property. As used in this Agreement, the term
"Hazardous Substances" shall have the meaning set forth on Exhibit E attached
hereto. At any time prior to the Close of Escrow, Buyer shall have the right to conduct
appropriate tests of water and soil to ascertain the presence of any Hazardous
Substances on, in, under and about the Property. In the event Buyer discovers the
presence of Hazardous Substances on, in, under or about the Property prior to the
Closing Date and Seller fails or refuses to remove and dispose of such Hazardous
Substances in accordance with all applicable laws referred to on Exhibit E attached
hereto, Buyer may terminate this Agreement, whereupon all of Buyer's Deposit and any
interest accrued thereon shall be returned to Buyer. Seller shall defend, indemnify and
hold harmless Buyer and its officers, directors, employees, agents, shareholders,
attorneys and their respective representatives and successors in interest (collectively,
the "Indemnitee") from any liability, loss, cost, damage or expense, including, without
limitation, court costs, expert witness fees and attorneys' fees, that Indemnitee may
suffer or incur as a result of any claim, demand, action, cost or judgment made or
obtained by any individual, partnership, cooperation, entity, governmental agency or
person which arises out of or results from the presence or existence of Hazardous
Substances above, below or on the Property to the extent that such Hazardous
Substances are or were located in such locations prior to the Close of Escrow.
To Seller's knowledge, there are no endangered species or protected natural habitat,
flora or fauna located on the Property, nor is any portion of the Property located in what
is or may be designated as a wetland.
5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is
a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents
to the dismissal or abandonment of any eminent domain action in the Superior Court of
the State of California in and for the County of Riverside, wherein the herein described
property is included and also waives any and all claims to any money on deposit in the
action and further waives all attorneys' fees, costs, disbursements, and expenses
incurred in connection therewith. If, prior to the close of the execution of this
transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in
Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the
close of escrow, Seller agrees and consents to Buyer taking a default in the action.
Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's
interest in the Property and any rights which exist or may arise out of the acquisition of
the Property for public purposes, including without limitation, Seller's interest in the land
and any improvements and fixtures and equipment located thereon, improvements
pertaining to the realty (if any), severance damages, any alleged pre-condemnation
damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any
claim whatsoever of Seller which might arise out of or relate in any respect to the
acquisition of the Property by the Buyer. The compensation paid under this Agreement
does not reflect any consideration of or allowance for any relocation assistance and
payments or other benefits which Seller may be entitled to receive, if any. Relocation
assistance, if any, will be handled via separate Agreement.
Gene Autry Gateway Landscape Project Page 4 of 9
W ickremesinghe
APN 677-250-062
T �'y
Agreement for Acquisition of Real Property and Escrow Instructions
6, GENERAL PROVISIONS.
6.1. Counterparts; Facsimile Signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one and the same instrument and any executed counterpart
may be delivered by facsimile transmission with the same effect as if an originally
executed counterpart had been delivered.
62_ Entire Agreement. This Agreement, together with all exhibits hereto and
documents referred to herein, if any, constitute the entire agreement among the parties
hereto with respect to the subject matter hereof, and supersede all prior understandings
or agreements. This Agreement may be modified only by a writing signed by both
parties. All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement whether or not actually attached.
6.3. Choice of Law. This Agreement and each and every related document
are to be governed by, and construed in accordance with, the laws of the State of
California.
6.4. Severability. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance, shall to any extent
be held by a court of competent jurisdiction or rendered by the adoption of a statute by
the State of California or the United States invalid, void or unenforceable, the remainder
of the terms, covenants, conditions or provisions of this Agreement, or the application
thereof to any person or circumstance, shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby; provided that the invalidity or
unenforceability of such provision does not materially adversely affect the benefits
accruing to, or the obligations imposed upon, any party hereunder, and the parties
agree to substitute for the invalid or unenforceable provision a valid and enforceable
provision that most closely approximates the intent and economic effect of the invalid or
unenforceable provision.
6.5. Leaal Advice. Each party has received independent legal advice from its
attorneys with respect to the advisability of executing this Agreement and the meaning
of the provisions hereof_ The provisions of this Agreement shall be construed as to the
fair meaning and not for or against any party based upon any attribution of such party
as the sole source of the language in question.
6.6. Attorneys' Fees. In the event that any party hereto institutes an action or
proceeding for a declaration of the rights of the parties under this Agreement, for
injunctive relief, for an alleged breach or default of, or any other action arising out of,
this Agreement, or the transactions contemplated hereby, or in the event any party is in
default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to
final judgment, the non-defaulting party or prevailing party shall be entitled to its actual
attorneys' fees and to any court costs incurred, in addition to any other damages or
relief awarded.
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Agreement for Acquisition of Real Property and Escrow Instructions
6.7. Notices. No notice, request, demand, instruction, or other document to be
given hereunder to any Party shall be effective for any purpose unless personally
delivered to the person at the appropriate address set forth below (in which event such
notice shall be deemed effective only upon such delivery), delivered by air courier next-
day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified
mail, return receipt requested, or sent via telecopier, as follows:
If to Buyer, to: Attn: Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works
Department of Public Works & Engineering
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8325
Telephone No.: (760) 323-8263
With a copy to: Attn: Douglas C. Holland, Esq.
City Attorney
c/o Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Facsimile No.: (714) 835-7787
Telephone No.: (714) 558-7000
If to Seller, to: Attn: Lakshman Wickremesinghe
2965 N. Puerta Del Sol
Palm Springs, CA 92262
Facsimile No.: (760) 322-8725
Telephone No.: (760) 322-8825
If to Escrow Holder, to: Attn: Jeanne Gould, Senior Escrow Officer
First American Title Company
5 First American Way
Santa Ana, CA 92707
Facsimile No.: (714) 913-6372
Telephone No.: (714) 250-5381
Notices delivered by air courier shall be deemed to have been given the next
business day after deposit with the courier and notices mailed shall be deemed to have
been given on the second day following deposit of same in any United States Post
Office mailbox in the state to which the notice is addressed or on the third day following
deposit in any such post office box other than in the state to which the notice is
addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy
shall be deemed delivered the same business day transmitted. The addresses,
addressees, and telecopy numbers for the purpose of this Paragraph, may be changed
by giving written notice of such change in the manner herein provided for giving notice.
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Agreement for Acquisition of Real Property and Escrow Instructions
Unless and until such written notice of change is received, the last address, addressee,
and telecopy number stated by written notice, or provided herein if no such written
notice of change has been received, shall be deemed to continue in effect for all
purposes hereunder. Delivery of a copy of a notice as set forth above is as an
accommodation only and is not required to effectuate notice hereunder.
6.8 City Council Approval of Agreement. This Agreement is subject to the
approval of the Buyer's City Council. If this Agreement remains unapproved by the
Buyer's City Council then the parties will have no further obligation under this
Agreement.
[SIGNATURE PAGE FOLLOWS]
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Agreement for Acquisition of Real Property and Escrow Instructions
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written_
BUYER SELLER
CITY OF PALM SPRINGS, a municipal
corporation,
By:
David H. Ready Name:Lakshman Wickremesin e
City Manager
Attest:
By:
Name-Chrisanthie Wickremesinghe
James Thompson
City Clerk
By:
Approved as to form by: Name:De uwan VVickremesinghe
WOODRUFF, SPRADLIN & SMART
Douglas C. Holland, Esq.
City Attorney
Exhibit List
Exhibit A - Legal Description of the Property
Exhibit B -- Form of Grant Deed
Exhibit C -- Form of Certificate of Acceptance
Exhibit D -- Form of Blanket Assignment and Bill of Sale
Exhibit E -- Definition of Hazardous Substances
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Agreement for Acquisition of Real Property and Escrow Instructions
ACCEPTANCE BY ESCROW HOLDER:
First American Title Company hereby acknowledges that it has received a fully executed
counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow
Instructions and agrees to act as Escrow Holder thereunder and to be bound by and
perform the terms thereof as such terms apply to Escrow Holder.
Date: FIRST AMERICAN TITLE COMPANY
By:
Name:
Its:
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EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
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EXHIBIT B
FORM OF GRANT DEED
RECORDING REQUESTED BY
First American Title Insurance Company
WHEN RECORDED RETURN TO:
Attn: Marcus L. Fuller
Assistant Director of Public Works
Department of Public Works & Engineering
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording changes under Government Code§6103
GRANT DEED
APN: 677-250-062 _
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922.
THE UNDERSIGNED SELLER(S) DECLARE(S):
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LAKSHMAN WICKREMESINGHE and CHRISANTHIE WICKREMESINGHE, husband
and wife, and DEEPIKA RUWAM WICKREMESINGHE, a single man, all as joint
tenants,
hereby GRANT(S) to:
CITY OF PALM SPRINGS, a municipal corporation,
the real property in Riverside County, California, more particularly set forth on Exhibit A
attached hereto and incorporated herein by this reference.
TOGETHER with:
1. All tenements, hereditaments and appurtenances, including easements
and water rights, if any, thereto belonging or appertaining, and any reversions,
remainders, rents, issues or profits thereof; and
2. All rights, title, and interests of Seller in and under all covenants,
conditions, restrictions, reservations, easements, and other matters of record, including,
without limitation, all rights as "Declarant" under any Declarations of Covenants,
Conditions and Restrictions ("Declarations") of record.
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SAID GRANT BEING FURTHER SUBJECT TO:
1. General and special real property taxes for the current fiscal year and all
later years.
2. All assessments imposed by a duly empowered governmental entity,
whether or not of record.
3. Any and all declarations, covenants, conditions, restrictions, easements,
reservations (including, but not limited to, reservations and exceptions to the mineral
estate), rights, and rights of way of record.
Date: By.
Name:Lakshman Wickremesinghe
Date: By.
Name.-Chrisanthie Wickremesinghe
Date: By-
Name:Deepika Ruwan Wickremesinghe
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Notary Public,
personally appeared , who
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
My Commission Expires' This area for official notarial seal
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Exhibit "A" to the Grant Deed
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
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Order Number: 0625-2520369 (CG)
Page Number: 7
I
LEGAL DESCRIPTION
Real Property in the City of Palm Springs, County of Riverside, State of California, described as
follows:
THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 7,TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;THENCE SOUTH B90 51' 56"
EAST,ALONG THE NORTH LINE OF SAID SECTION 7,A DISTANCE OF 1320.41 FEET TO A
T POINT OF INTERSECTION WITH THAT CERTAIN LINE SHOWN AS THE FAT LINE OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7 ON BARBARA TRACT UNIT NO. 1 AS
SHOWN BY MAP ON FILE IN BOOK 39 PAGE(S) 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; THENCE SOUTH 00 16'31" EAST,A DISTANCE OF 50.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 16'31" LAST, A DISTANCE OF 1026.98
FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GENE AUTRY TRAIL(FORMERLY
11 BOGIE ROAD AND BEING 100.00 FEET IN WIDTH);THENCE NORTH 110 37' 13"EAST,ALONG
i SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 367.44 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 950.00 FEET,THENCE
[ NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 110 53' 46",A
DISTANCE OF 197.24 FEET;THENCE TANGENT TO SAID CURVE NORTH 0° 16'33"WEST,A
DISTANCE OF 470.91 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET
SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 7;THENCE NORTH 890 51'56"WEST,
ALONG SAID PARALLEL LINE,A DISTANCE OF 96.14 FEET TO THE TRUE POINT OF BEGINNING;
i COMPRISING 1.75 ACRES, MORE OR LESS.
I
F113tAmefimi7 Title n
EXHIBIT C
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Grant Deed from
Lakshman Wickremesinghe and Chrisanthie Wickremesinghe, husband and wife, and
Deepika Ruwan Wickremesinghe, a single man, all as joint tenants, dated
2008, to the City of Palm Springs, a municipal corporation, is
hereby accepted by the undersigned officer or agent on behalf of the City of Palm
Springs, pursuant to authority conferred by Resolution of the City Council of the City of
Palm Springs, and the Buyer consents to recordation thereof by its duly authorized
officer.
CITY OF PALM SPRINGS
By.-
Name: David H. Ready
Title: City Manager
DATED: 2008
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
On , before me, Notary Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
My Commission Expires: This area for official notarial seal
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EXHIBIT D
BLANKET ASSIGNMENT AND BILL OF SALE
LAKSHMAN WICKREMESINGHE and CHRISANTHIE WICKREMESINGHE,
husband and wife, and DEEPIKA RUWAN WICKREMESINGHE, a single man, all as joint
tenants, (collectively hereinafter, "Seller'), and CITY OF PALM SPRINGS, a municipal
corporation ("Buyer"), have previously entered into that certain Agreement for
Acquisition of Real Property and Escrow Instructions dated as of ,
2008 (the "Agreement"), pursuant to which Seller agreed to sell and convey, and Buyer
agreed to purchase and acquire, that certain property located in the City of Palm Springs,
County of Riverside, California and described in more detail on Exhibit A attached hereto
and made a part hereof and the improvements located thereon and the rights, privileges
and entitlements incident thereto (the "Property")-
For good and valuable consideration, receipt of which is hereby acknowledged,
Seller does hereby, give, grant, bargain, sell, transfer, assign, convey and deliver to
Buyer, all of Seller's right, title and interest in all assets, rights, materials and/or claims
used, owned or held in connection with the use, management, development or
enjoyment of the Property, including, without limitation: (i) all entitlements, subdivision
agreements and other agreements relating to the development of Property; (ii) all plans,
specifications, maps, drawings and other renderings relating to the Property; (iii) all
contract rights, indemnities, warranties, claims and any similar rights relating to and
benefiting the Property or the assets transferred hereby; (iv) all intangible rights,
goodwill and similar rights benefiting the Property; (v) all development rights benefiting
the Property; (vi) all rights, claims or awards benefiting the Property, and (vii) all rights
to receive a reimbursement, credit or refund from the applicable agency or entity of any
deposits or fees paid in connection with the development of the Property.
Seller hereby covenants that it will, at any time and from time to time upon written
request therefor, execute and deliver to Buyer, its nominees, successors and/or
assigns, any new or confirmatory instruments and do and perform any other acts which
Buyer, its nominees, successors and/or assigns, may request in order to fully transfer
possession and control of, and protect the rights of Buyer, its nominees, successors
and/or assigns in, all the assets of Seller intended to be transferred and assigned
hereby.
SELLER
By: By:
Name:Laksman Wickremesinghe Name:Deepika Ruwan Wickremesinghe
By:
Name:Chrisanthie Wickremesinghe
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Wickremesinghe
APN 677-250-062
Exhibit"A" to Blanket Assignment and Bill of Sale
LEGAL DESCRIPTION OF THE; PROPERTY
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
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Order Number: 0625-2520369 (CG)
Page Number: 7
i
H
O LEGAL DESCRIPTION �
Real property in the City of Palm Springs, County of Riverside, State of California, described as
follows:
THAT PORTION OF THE NORTHWEST 114 OF SECTION 7,TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;THENCE SOUTH 690 51' 56"
EAST,ALONG THE NORTH LINE OF SAID SECTION 7,A DISTANCE OF 1320.41 FEET TO A
POINT OF INTERSECTION WITH THAT CERTAIN LINE SHOWN AS THE EAT LINE OF THE
y NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7 ON BARBARA TRACT UNIT NO. 1 AS
SHOWN BY MAP ON FILE IN BOOK 39 PAGE(S) 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;THENCE SOUTH 0° IT 31"EAST,A DISTANCE OF 50.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 16' 31" EAST, A DISTANCE OF 1026.98
FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GENE AUTRY TRAIL(FORMERLY
BOGIE ROAD AND BEING 100.00 FEET IN WIDTH);THENCE NORTH 110 37' 13" EAST,ALONG
i SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 367.44 FEET TO THE BEGINNING OF A
i TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 950.00 FEET;THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 110 53' 46",A
DISTANCE OF 197.24 FEET;THENCE TANGENT TO SAID CURVE NORTH 0°16' 33"WEST,A
DISTANCE OF 470.91 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET
SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 7;THENCE NORTH 890 51'56"WEST,
ALONG SAID PARALLEL LINE,A DISTANCE OF 96.14 FEET TO THE TRUE POINT OF BEGINNING;
COMPRISING 1,75 ACRES, MORE OR LESS.
i
FirstAmerican 7it6'e .
EXHIBIT E
HAZARDOUS SUBSTANCE DEFINITION
The term "Hazardous Substance" as used in this Agreement shall mean any
toxic or hazardous substance, material or waste or any pollutant or contaminant or
infectious or radioactive material, including but not limited to those substances,
materials or wastes regulated now or in the future under any of the statutes or
regulations listed below and any and all of those substances included within the
definitions of "hazardous substances", "hazardous materials", "hazardous waste",
"hazardous chemical substance or mixture", "imminently hazardous chemical substance
or mixture", "toxic substances", "hazardous air pollutant", "toxic pollutant' or "solid
waste" in the statues or regulations listed below. Hazardous Substances shall also
mean any and all other similar terms defined in other federal state and local laws,
statutes, regulations, orders or rules and materials and wastes which are, or in the
future become, regulated under applicable local, state or federal law for the protection of
health or the environment or which are classified as hazardous or toxic substances,
materials or waste, pollutants or contaminants, as defined, listed or regulated by any
federal, state or local law, regulation or order or by common law decision, including,
without limitation, (i) trichloroethylene, tetrachloroethylene, perch loroethylene and other
chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos,
(iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and
(vii) radioactive materials and waste.
In addition, a Hazardous Substance shall include:
(1) a "Hazardous Substance", "Hazardous Material", "Hazardous Waste", or
"Toxic Substance" under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. §§ 9601, et sec ., the Hazardous Materials
Transportation Act, 49 U.S.C. §§ 1801, et seg., or the Resource Conservation and
Recovery Act, 42 U.S.C. §§ 6901, et M_;
(2) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of
the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other
hydrocarbonic substance or by-product;
(3) listed by the State of California as a chemical known by the State to cause
cancer or reproductive toxicity;
(4) a material which due to its characteristics or interaction with one or more
other substances, chemical compounds, or mixtures, damages or threatens to damage,
health, safety, or the environment, or is required by any law or public agency to be
remediated, including remediation which such law or public agency requires in order for
the property to be put to any lawful purpose;
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(5) any material the presence of which would require remediation, whether or
not the presence of such material resulted from a leaking underground fuel tank;
(6) pesticides regulated under the Federal Insecticide, Fungicide and
Rodenticide Act, 7 U.S-C. §§ 136 et sec .;
(7) asbestos, PCBs, and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. % 2601 et sec
(8) any radioactive material including, without limitation, any "source
material', "special nuclear material', "by-product material", "low-level wastes", "high-
level radioactive waste", "spent nuclear fuel' or "transuranic waste", and any other
radioactive materials or radioactive wastes, however produced, regulated under the
Atomic Energy Act, 42 U_S.C. §§ 2011 et seg., or the Nuclear Waste Policy Act, 42
U.S.C. §§ 10101 et s_{ec .
(9) industrial process and pollution control wastes, whether or not
"hazardous" within the meaning of the Resource Conservation and Recovery Act, 42
U.S.C. §§ 6901 et seMc .;
All other laws, ordinances, codes, statutes, regulations, administrative rules,
policies and orders, promulgated pursuant to said foregoing statutes and regulations or
any amendments or replacement thereof, provided such amendments or replacements
shall in no way limit the original scope and/or definition of Hazardous Substance defined
herein.
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