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HomeMy WebLinkAboutA4137 - MARY EPSTEEN PURCHASE REAL PROPERTY R 19637 Mary Epsteen • Acquisition of Real Property AGREEMENT#4137 R19637, 9-1-99 City of Palm Springs Assessor's Parcel No. 677-420-017 ACQUISITION OF REAL PROPERTY AGREEMENT THIS AGREEMENT is entered into on this [ 77,1 day of 4�v 19 , by and between the CITY OF Palm Springs, A MUNICIPAL CORPORATION (hereinafter called "City"), and MARY EPSTEEN, INDIVIDUALLY AND MARY EPSTEEN, AS EXECUTRIX OF THE ESTATE OF PETER EPSTEEN, DECEASED, (hereinafter called "Grantor"), for acquisition by City of certain real property interests as hereinafter described. WHEREAS, City desires to acquire all of Grantors' right, interest, and title in and to a portion of Grantor's real property; and WHEREAS, Grantor desires to sell to City said real property interests; and WHEREAS, in compliance with the Eminent Domain Laws of the State of California, City has established an amount believed to be just compensation for said property interests and has advised Grantor of the basis for its determination of just compensation; and WHEREAS, Grantor has accepted City's offer as fair and just compensation for the hereinafter described real property interests and acknowledges said compensation is no less than fair market value; and WHEREAS, Grant Deed dated f�� IT 1999, covering portions of Grantor's real property to be acquired by the City (hereinafter referred to as Property) has been executed and delivered to Overland Resources, Real Property Agent representing the City of Palm Springs. Copies of the Grant Deed with corresponding legal descriptions and plat maps are attached to this Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE Grantor agrees to sell to City, and City agrees to purchase from Grantor, upon the terms and for the consideration set forth in this Agreement, fee simple marketable title in and to the Property described in the Grant Deed attached hereto and by reference made a part hereof. is-A .� 2. PURCHASE PRICE The total purchase price, payable in cash shall be the sum of FIVE THOUSAND EIGHT HUNDRED DOLLARS ($5,800.00). Grantor hereby acknowledges that the purchase price is a total settlement which includes any and all claims Grantor may be entitled to by reason of the acquisition by City, including, but not limited to, value of real property rights, severance damages, value of improvements pertaining to the Property, if any, compensation for loss of goodwill, if any, costs, disbursements and expenses incurred in connection with the acquisition of the subject property and improvements pertaining to the Property, if any, and subsequent removal of any items retained by Grantor. Grantor hereby waives and releases City and its officers, employees and agents from and against any and all claims, actions demands and suits relating to the purchase price. This release extends to all such claims which now exist or which may arise in the future, whether or not such claims are known to Grantor, and Grantor hereby expressly waives his rights under California Civil Code Section 1542 which provides as follows: 111542, General Release; extent a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 3. TRANSFER OF TITLE City agrees to pay all usual fees, charges and costs which arise in the transfer of title. Payment under this Agreement shall be made after Overland Resources holds for City this Agreement and the Grant Deed in favor of City, executed by Grantor and acknowledged by a Notary Public. 4. INDEMNIFICATION FOR UNRECORDED INTERESTS Upon title vesting in City, Grantor warrants that, to the best of Grantor's knowledge, there are no unrecorded encumbrances (including but not limited to liens, leases, easements, or licenses) on all or any portion of the Property, and Grantor agrees to hold the City harmless, defend, and reimburse the City for any and all of City's losses and expenses, including reasonable attorney fees, occasioned by reason of any such encumbrance of said Property. -2- 5. CONSENT TO DISMISSAL OF CONDEMNATION Grantor hereby agrees and consents to the dismissal of any eminent domain action which may be filed by the City to acquire said Property and waives any and all claim to money that may be deposited in the Superior Court in such an action. 6. CONVEYANCE OF INTEREST Grantor agrees to convey by Grant Deed to City title in and to said Property as described in Section 1 of this Agreement. 7. HAZARDOUS MATERIALS It is understood that the Property does not appear to contain hazardous materials including but not limited to gasoline/oil storage tanks, fertilizer or pesticide storage tanks, or any contaminant. However, should hazardous materials be found to exist on the Property, the City may exercise its right under existing law to bring an action, if necessary, to recover clean-up costs from Grantor in an amount not to exceed purchase price. 8. POSSESSION OF AND PERMISSION TO ENTER PROPERTY It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Property by the City, including the right to remove and dispose of improvements, shall commence on the date of recordation of Grant Deed, and that the amount shown in Section 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. Grantor hereby grants to City, a right of entry over those portions of Grantor's remaining real property reasonably necessary to re-grade existing driveways, reconstruct improvements disrupted during construction, reconnect irrigation systems, regrade slopes, construct sidewalk and curb improvements, and for all other purposes necessary or convenient for the construction of the project in the manner proposed. City agrees to indemnify, save, and hold harmless Grantor from and against all claims, demands, costs and expenses, including attorneys' fees, arising out of or relating to such entry and construction by City or its Agents. -3- ia-A• 6 • ia _ A -4 9. COUNTERPARTS This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. ATTORNEYS' FEES In the event any legal action is brought to enforce the terms of this Agreement or to recover damages for its breach, the prevailing party shall be entitled to reasonable attorneys' fees therein as well as attorney's fees incurred in enforcing any judgement pertaining thereto. 11. EMINENT DOMAIN It is mutually agreed that this Agreement is executed under the imminence of condemnation as that term is used in the United States Internal Revenue Code. 12. NOTICES Any notices or documents to be mailed or delivered shall be addressed to or delivered as follows: Grantor: Mary Epste:en 40313 Desert Creek Lane Rancho Mirage CA 92270-4068 City: City of Palm Springs P.O. Box 2743 Palm Springs CA 92263-2743 13. BINDING ON HEIRS AND ASSIGNS The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. -4- 14. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties, and neither party relies upon any warranty, promise, representation, or agreement not contained in writing herein. 15. TIME OF THE ESSENCE Time is of the essence of this agreement and each party shall promptly execute all documents necessary to effectuate the intent herein and shall perform in strict accordance with each of the hereinabove provisions. -5- IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. GRANTOR: CITY: CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION By: kw Mary Epst e Individually � _ 2J Title: �! ��`� Mary E sit ri Executrix of the {� Estate of Peter Epsteen By: / Title: lJf nd IPPROVED AS TO FORNi RECOMMENDED FOR APPROVAL: atto►ne Agent for City APPROVED BY THE CITY COUNCIL RY RFS. NOe 1 e,,1 3 7 , 9--/—/G/ „o -6- RECORDING REQUESTEiY ,AND WHEN RECORDED MAIL TO: The City of Palm Springs Post Office Box 2743 Palm Springs, CA 92263-2743 UJ U Attention: City Clerk TAX STATEMENT MAILINGS DO NOT CHANGE Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 (Space above this line for Recorder's use) GRANT DEED Riverside County Assessor's Parcel Number: 677-420-017 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARY EPSTEEN, INDIVIDUALLY, AS TO AN UNDIVIDED ONE HALF INTEREST, AND MARY EPSTEEN, EXECUTRIX OF THE ESTATE OF PETER EPSTEEN, DECEASED, AS TO AN UNDIVIDED ONE HALF INTEREST HEREBY GRANTS TO THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION all rights, interests, or title to the real property in the City of Palm Springs, County of Riverside, State of California described on Exhibit "A" and shown on Exhibit `B", which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of this day of , 1999. MARY EPSTEEN, INDIVIDUALLY MARY EPSTEEN, EXECUTRIX TAX STATEMENT MAILINGS DO NOT CHANGE 101 EXHIBIT "A" LEGAL. DESCRIPTION IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: EPSTEEN PARCEL: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH 00021'28" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 17, A DISTANCE OF 761.11 FEET TO AN ANGLE POINT IN THE WESTERLY BOUNDARY LINE OF THE REMAINDER PARCEL AS SHOWN ON PARCEL MAP NO. 18787, ON FILE IN BOOK 135, PAGES 53 AND 54 OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00021'28" WEST AND ALONG THE WESTERLY LINE OF SAID REMAINDER PARCEL, A DISTANCE OF 96.26 FEET TO A POINT ON A NONJANGENT CURVE, CONCAVE WESTERLY, AND HAVING A RADIUS OF 3625.46 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78013'36" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2011'41", AN ARC DISTANCE OF 138.87 TO A POINT ON THE SOUTHERLY LINE OF SAID REMAINDER PARCEL; THENCE NON-TANGENT TO SAID CURVE SOUTH 89044'29" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 19.24 FEET TO THE SOUTHWEST CORNER OF SAID REMAINDER PARCEL, SAID POINT BEING ON A NON- TANGENT CURVE, CONCAVE WESTERLY, AND HAVING A RADIUS OF 4900.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 81°55'34" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0028'24", AN ARC DISTANCE OF 40.71 FE N TRUE POINT OF BEGINNING. 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