Landaq/Jefferson Widening 00Jefferson Street Widening Project
Landaq,Inc.
APN: 769-270-008
Page 1 of 3
DEDICATION OF REAL PROPERTY AGREEMENT
THIS AGREEMENT is made by and between the City of La Quinta (hereinafter called
City) and the undersigned property owner (hereinafter called Grantor) for the City's
acquisition of an easement for roadway purposes and a temporary construction
easement, all as described in Exhibits A and B attached hereto, in, on, over and across a
portion of that certain real property designated as Riverside County Assessor's Parcel
Number 769-270-008 ("the "Property"). Grantor hereby grants to City the Easements
more specifically set forth in Exhibits A and B attached hereto for the consideration and
upon the terms and conditions stated as follows:
Grantor understands that Grantor has the right to require the City to have the Property
appraised and to receive just compensation for the easements based on an approved
independent appraisal. However, as an inducement to City to undertake its public
roadway improvement project more particularly described as Jefferson Street
Improvements, Phase I --Avenue 54 to Hwy 111, Project 99-05 (the "Project"), Grantor
waives all rights to just compensation, damages to improvements pertaining to the
realty, severance damages, compensation for fixtures and improvements, relocation
benefits, litigation expenses, interest, and any cost or damage attributable to the City's
construction and operation of the easement granted hereunder for public right of way
purposes, and agrees to dedicate the required easements for the Project.
As consideration for Grantor's dedication of the required easements to the City, City on
behalf of itself and as the "Lead Agency" on the Project agrees to construct the
roadway improvements on Jefferson Street according to the City approved engineering
plans and hereby waives the right to recover any and all costs, expenses and charges
incurred for the improvements constructed by City or on behalf of City, for the Project.
This waiver includes, without limitation, an agreement by the City of La Quinta, not to
charge Grantor or impose against Grantor, the Property or any adjacent property owned
by Grantor or any subsequent owner of the Property or any adjacent property owned by
Grantor, as a condition of any further development on the Property and the adjacent real
property owned by Grantor or any subsequent owner thereof (in the forms of conditions
of approval for any such future development, an assessment district or districts, or
otherwise), any of such costs, expenses and charges (including without limitation
construction, engineering and design) incurred by the City or on behalf of the City for
the Project in constructing such improvements. However, this waiver does not excuse
Grantor or its successors -in -interest from paying any otherwise applicable citywide
development and processing fees, including, but not limited to, all development impact
fees.
Grantor also grants to City, the right to enter upon those portions of Grantor's remaining
real property as depicted on Exhibits "A" and `B", as is reasonably necessary to
construct the planned road improvements, construct and reconstruct driveways, if
Contract00.LQPropJeff WideDedica77
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-008
Page 2 of 3
necessary, deposit tools or other construction implements, remove and replace
boundary fences, if any and reconstruct or relocate any improvements affected by the
planned roadway improvements all at City's expense. City shall indemnify and hold
Grantor harmless for any costs, damages or claims arising directly or indirectly from
such right of entry and will leave the Property free of debris and in a , condition
reasonably equal to its condition prior to City's access on the Property or start of
construction, whichever shall first occur, taking into account the construction of the
public right of way, including without limitation, grading and compaction in
compliance with City requirements. City shall leave the Property free of any Hazardous
Substances placed on or under the Property as a direct result of the City's construction
of the Project. For purposes of this Agreement, "Hazardous Substances" shall mean
substances defined as (I) "hazardous substances" in (A) the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42
U.S.C. Sections 9601 et seq.) together with the regulations enacted pursuant to such act;
and (B) Section 25316 of the California Health and Safety Code together with the
regulations enacted pursuant to such Statute, and (11) "hazardous wastes" in (A) the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et. seq.)
together with the regulations enacted pursuant to such Act; and (B) Section 25117 of
the California Health and Safety Code together with the regulations enacted pursuant to
such Statute.
Grantor hereby agrees and consents to the rescission of any resolution of necessity
relating to the Property covered by the easements, and dismissal of any eminent domain
action which may have been filed by the City, and waives any and all claim to money
that may be deposited in the Superior Court in such action, any claim for any
compensation, for the City's acquisition of the Property, and any claim to any other
damages, litigation expense, attorneys' or appraiser's fees, or any other payments.
This agreement is the entire agreement relating to the dedication of the Property
between the parties and all prior negotiations, representations and agreements are
incorporated and merged into this Agreement, except for the Agreement for
Replacement of Public Improvements, dated January 6 2000 between KSL Land
Holdings, Inc. and the City of La Quinta. The terms and conditions stated herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the
parties hereto.
Contract00.LQProp.Jeff WideDedica77
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-008
Page 3 of 3
The form of the grants shall be as set forth in Exhibits A and B, which exhibits are
attached hereto and by reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY
CITY OF LA QUINTA, a
Municipal corporation
9
C
By;
Thomas P. Genovese,
City Mana er
Date: �ot a o 0
APPROVED AS TO FORM
City Attorney
GRANTOR
LANDAQ, INC., a Delaware
corporation
By:
Name: i•y ` �_; r
Title:
Date: ilJvir.
Comract00.LQProp.leff WideDedica77
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of LaQuinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922
use)
GRANT OF EASEMENT
Assessor's Parcel Number:
769-270-008 [ ] All [X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LANDAQ, INC.
HEREBY GRANTS TO
THE CITY OF LA QUINTA, A CHARTER CITY
a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes
incident to use of property for a puclib right of way, including but not limited to the construction, maintenance,
and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and
appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs,
gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, on, over,
through, and upon the real property in the City of La Quinta, County of Riverside, State of California as shown
on Exhibit "A", and described 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.
in
in
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY
(APN 769-270-008): Revised January 17, 2000
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT
PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATTHE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00
FEET EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER AND THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4;
THENCE NORTH 00002" 1" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
986.84 FEET;
THENCE NORTH 89045'38" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE
PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 4;
THENCE SOUTH 00002" 1" EASTALONG LAST SAID PARALLEL LINE, A DISTANCE OF
986.84 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF
SECTION 4;
THENCE SOUTH 89045'38" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00
FEET TO THE POINT OF BEGINNING.
COMPRISING 29,605 SQUARE FEET, MORE OR LESS.
1 of 1
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PTR 2098463
HANSCH ET AL
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A, P, N, 769-280-027
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I AUGUST 2, 1999 I SCALE I EASEMENT REVISION I JUB NU, I
1"=40' 0I-13-2000 301477
EXHIBIT "B"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922
pace above this line or ecor er s use)
GRANT OF
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Number:
769-270-008 [ ] All [X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LANDAQ, INC., A DELAWARE CORPORATION
HEREBY GRANTS TO
THE CITY OF LA QUINTA, A CHARTER CITY
An Easement for Temporary Construction purposes, in, over and across the real property in the City of La Quinta, the
scope and terms of which are as follows:
A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter
upon, occupy, and pass over the temporary construction easement area more specifically described in the legal
description attached as Exhibit "A" and Exhibit "B", as deemed reasonably necessary for all purposes incidental to
reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The
temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill;
compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private
drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably
incidental to the work being performed on said property in connection with the Project.
Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and
the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or
such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel
to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms
of access, irrigation, and connection of public right of way improvements to the larger parcel.
The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner
and shall continue in full force and effect for twelve (12) months after notice, which notice shall be given no later
than January 1, 2001. Upon termination of the temporary construction easement, the Easement Area shall be
restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement
of the work.
IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement to be
executed as of this day of , 1999.
BY:
BY:
Robert Bein, William Frost and Associates
74-410 Highway 111
Palm Desert, CA 92260
Revised January 17, 2000
August 3, 1999
JN 20-301477
Page 1 of 1
EXHIBIT "A"
Legal Description
Temporary 15' Construction Easement
APN 769-270-008
In the City of La Quinta, County of Riverside, State of California, that portion of the
Northwest quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly
described as follows:
Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the
West line of said Northwest Quarter and the South line of said Northwest quarter of Section
4;
Thence North 89°45'38" East along said South line, 30.00 feet to the TRUE POINT OF
BEGINNING;
thence North 00'02'11" West, 986.84 feet;
thence North 89°45'38" East, 15.00 feet;
thence South 00°02'10" East, 986.84 feet to the South line of said northwest quarter of Section
4;
thence North 89°56'47" West, 15.00 feet to the true point of beginning.
Containing 14,803 square feet, more or less.
E.
No. 47
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C/L
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AVENUE
EXHIBIT 77 B"
SEC. 4
A P❑RTI❑N OF THE
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15.00'
30, 00'
®AREA OF PROPOSED
TCE =
14, 803 S. F.
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AUGUST 2,
1999
SCALE
1"=40'
EASEMENT REVISION
01-13-2000
JOB NO.
301477
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-003
Page 1 of 3
DEDICATION OF REAL PROPERTY AGREEMENT
THIS AGREEMENT is made by and between the City of La Quinta (hereinafter called
City) and the undersigned property owner (hereinafter called Grantor) for the City's
acquisition of an easement for roadway purposes and a temporary construction
easement, all as described in Exhibits A and B attached hereto, in, on, over and across a
portion of that certain real property designated as Riverside County Assessor's Parcel
Number 769-270-003 ("the "Property"). Grantor hereby grants to City the Easements
more specifically set forth in Exhibits A and B attached hereto for the consideration and
upon the terms and conditions stated as follows:
Grantor understands that Grantor has the right to require the City to have the Property
appraised and to receive just compensation for the easements based on an approved
independent appraisal. However, as an inducement to City to undertake its public
roadway improvement project more particularly described as Jefferson Street
Improvements, Phase I --Avenue 54 to Hwy 111, Project 99-05 (the "Project"), Grantor
waives all rights to just compensation, damages to improvements pertaining to the
realty, severance damages, compensation for fixtures and improvements, relocation
benefits, litigation expenses, interest, and any cost or damage attributable to the City's
construction and operation of the easement granted hereunder for public right of way
purposes, and agrees to dedicate the required easements for the Project.
As consideration for Grantor's dedication of the required easements to the City, City on
behalf of itself and as the "Lead Agency" on the Project agrees to construct the
roadway improvements on Jefferson Street according to the City approved engineering
plans and hereby waives the right to recover any and all costs, expenses and charges
incurred for the improvements constructed by City or on behalf of City, for the Project.
This waiver includes, without limitation, an agreement by the City of La Quinta, not to
charge Grantor or impose against Grantor, the Property or any adjacent property owned
by Grantor or any subsequent owner of the Property or any adjacent property owned by
Grantor, as a condition of any further development on the Property and the adjacent real
property owned by Grantor or any subsequent owner thereof (in the forms of conditions
of approval for any such future development, an assessment district or districts, or
otherwise), any of such costs, expenses and charges (including without limitation
construction, engineering and design) incurred by the City or on behalf of the City for
the Project in constructing such improvements. However, this waiver does not excuse
Grantor or its successors -in -interest from paying any otherwise applicable citywide
development and processing fees, including, but not limited to, all development impact
fees.
Grantor also grants to City, the right to enter upon those portions of Grantor's remaining
real property as depicted on Exhibits "A" and `B", as is reasonably necessary to
construct the planned road improvements, construct and reconstruct driveways, if
Contract00.LQPropJeff WideDedica66
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-003
Page 2 of 3
necessary, deposit tools or other construction implements, remove and replace
boundary fences, if any and reconstruct or relocate any improvements affected by the
planned roadway improvements all at City's expense. City shall indemnify and hold
Grantor harmless for any costs, damages or claims arising directly or indirectly from
such right of entry and will leave the Property free of debris and in a condition
reasonably equal to its condition prior to City's access on the Property or start of
construction, whichever shall first occur, taking into account the construction of the
public right of way, including without limitation, grading and compaction in
compliance with City requirements. City shall leave the Property free of any Hazardous
Substances placed on or under the Property as a direct result of the City's construction
of the Project. For purposes of this Agreement, "Hazardous Substances" shall mean
substances defined as (I) "hazardous substances" in (A) the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42
U.S.C. Sections 9601 et seq.) together with the regulations enacted pursuant to such act;
and (B) Section 25316 of the California Health and Safety Code together with the
regulations enacted pursuant to such Statute, and (II) "hazardous wastes" in (A) the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et. seq.)
together with the regulations enacted pursuant to such Act; and (B) Section 25117 of
the California Health and Safety Code together with the regulations enacted pursuant to
such Statute.
Grantor hereby agrees and consents to the rescission of any resolution of necessity
relating to the Property covered by the easements, and dismissal of any eminent domain
action which may have been filed by the City, and waives any and all claim to money
that may be deposited in the Superior Court in such action, any claim for any
compensation, for the City's acquisition of the Property, and any claim to any other
damages, litigation expense, attorneys' or appraiser's fees, or any other payments.
This agreement is the entire agreement relating to the dedication of the Property
between the parties and all prior negotiations, representations and agreements are
incorporated and merged into this Agreement, except for the Agreement for
Replacement of Public Improvements, dated January L3, 2000 between KSL Land
Holdings, Inc. and the City of La Quinta. The terms and conditions stated herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the
parties hereto.
Contract00.LQProp.Jeff WideDedica66
Jefferson Street Widening Project
Landaq,Inc.
APN: 769-270-003
Page 3 of 3
The form of the grants shall be as set forth in Exhibits A and B, which exhibits are
attached hereto and by reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY
CITY OF LA QUINTA, a
Municipal corporation
r o.f
By:,
Thomas P. Genovese,
City Manager
Date: i/ f/d 000
APPROVED AS TO FORM
City Attorney
GRANTOR
LANDAQ, INC., a Delaware
corl
By:
Nan
Tith
Date:
Contract00.LQProp.Jeff WideDedica66
EXHIBIT "A"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code 6 11922
GRANT OF EASEMENT
Assessor's Parcel Number:
769-270-003 [ ] All [X] Portion
9
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LANDAQ, INC., A DELAWARE CORPORATION
HEREBY GRANTS TO
THE CITY OF LA QUINTA, A CHARTER CITY
use)
a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes
incident to use of property for a public right of way, including but not limited to the construction, maintenance,
and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and
appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs,
gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, on, over,
through, and upon the real property in the City of La Quinta, County of Riverside, State of California as shown
on Exhibit "A", and described 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.
By:
By:
JAN-17-00 06:05PM FROM-ROBERT BEIN WILLIAM FROST +7603468315 T-454 P.02/09 F-121
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY
(APN 769-270-003): Revised January 17, 2000
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT
PORTION OF THE WEST 660.00 FEET OF THE NORTH 660.00 FEET OF THE SOUTH
1,646.84 FEET OF THE NORTH HALF OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE
7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OFA LINE PARALLEL WITH AND 30.00
FEET EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 4 AND THE NORTH LINE OF SAID SOUTH 1,646.84 FEET OF THE NORTH
HALF OF SECTION 4;
THENCE NORTH 89°45'38" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE
PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 4;
THENCE SOUTH 00*02'11" EASTALONG LAST SAID PARALLEL LINE, A DISTANCE OF
660.00 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTH 660.00 FEET OF
THE SOUTH 1,646.84 FEET OF SAID NORTH HALF OF SECTION 4;
THENCE SOUTH 89045'38" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
30.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET
EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4;
THENCE NORTH 00002'11" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
660.00 FEET TO THE POINT OF BEGINNING.
COMPRISING 19,800 SQUARE FEET, MORE OR LESS.
1 of 1
JAN-17-00 06:05PM FROM-ROBERT BEIN WILLIAM FROST
C/L
50TH I AVENUE
+7603468315 T-454 P.03/09 F-121
EXHIBIT 59
NW COR, 0' 60' 120, Leo' 240'
SEC, 4
N a9•aS' 30. 00, 3eSCALE 1' =60'
A P N.769-270-002
--"'i-
NO.LINE Of' SLY 1646.64' OF N1/2,SEC.4
A PORTION OF THE
;-
SOUTH 1, 646. 84' OF
N 112 OF SEC. 4,
T 6 S. R. 7 E.
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AREA OF PROPOSED II
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AUGUST 2, 1999
SCALE
EASEMENT REVISED
JL76 NE.
1"=60'
OI-13-2000
301477
EXHIBIT "B"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R$T Code § 11922
pace above this line for Recordees use)
GRANT OF
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Number:
769-270-003 [ ] All [X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LANDAQ, INC., A DELAWARE CORPORATION
HEREBY GRANTS TO
THE CITY OF LA QUINTA, A CHARTER CITY
An Easement for Temporary Construction purposes, in, over and across the real property in the City of La Quinta, the
scope and terms of which are as follows:
A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter
upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description
attached as Exhibit "A" and Exhibit "B", as deemed reasonably necessary for all purposes incidental to reconstructing and
widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction
easement shall include the right to perform any necessary excavation, grading; earth fill, compaction; installation of
concrete forms, landscaping; irrigation; utility, and sign relocation, accommodation of private drainage facilities; and
deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being
performed on said property in connection with the Project.
Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and
the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or
such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel
to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms
of access, irrigation, and connection of public right of way improvements to the larger parcel.
The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner
and shall continue in full force and effect for twelve (12) months after notice, which notice shall be given no later
than January 1, 2001- Upon termination of the temporary construction easement, the Easement Area shall be
restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement
of the work.
IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement to be
executed as of this daV of , 1999.
BY:
BY.
JAN-17-00 06:06PM FROM-ROBERT BEIN WILLIAM FROST
+7603468315 T-454 P.04/09 F-121
m
Robert Lein, William Frost and ,associates
74-410 Highway 111
Palm Desert, CA 92260
Revised January 17, 2000
August 9, 1999
.1N 20-301477
Page 1 of 1
EXHIBIT "A"
Legal Description
_Temporary 15' Construction Easement
APN 769-270-003
In the City of La Quinta, County of Riverside, State of California, those portions of the West
660.00 feet of the North 660.00 feet of the South 1,646.84 feet of the North half of Section 4,
Township 6 South, Range 7 East, S.B.M., more particularly described as follows:
4
Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the
West line of the Northwest quarter of said Section 4 and the North line of said South 1,646.84
feet of the North half of Section 4;
thence South OW02'11" East along last said parallel line, 660.00 feet to a point on the
Southerly line of the North 660.00 feet of the South 1,646.34 feet of said North half of Section
4;
thence North 89°45'38" East along said Southerly line, 30.00 feet to the TRUE POINT OF
BEGINNING;
thence North 00'02'11" West, 660.00 feet to the said North line of the South 1,646.84 feet of
the North half of Section 4;
thence North 89°45'38" East, 15.00 feet;
thence South 00°02'11" East, 660.00 feet to the southerly line of the north 660.00 feet of the
south 1646.84 feet of the north half of section 4;
thence South 89045'38" West, 15.00 feet to the point of beginning.
Containing 9,900 square feet, more or less.
HAG RP70\P0ATA\301477\OFFI CE\wpwl N\Lcga1s\769-270-003.wpd
JAN-17-00 06:06PM FROM-ROBERT BEIN WILLIAM FROST
C/L
9
50TH I AVENUE
+7603468315 T-454 P.05/09 F-121
EXHIBIT "B"
NW COR, 0' 60' 120, 180, 240'
SEC. 4 , E4
�N 30. OB,E N 99'45'38'E SCALE 1 =60'
15. 00
A. P. N. 769-270-002 I
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A PORTION OF THE
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T, 6 S. R. 7 E. ,
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�� PROFUSSto� J?AJNMRS. PLA*CRS L SURVEYORS
Pu CEsOIf. CALIFO t,. I=W
N ' 45' 38' E 15.00' j
30.00 NB9'45'28"E 769-270-008
AUGUST 2, 1999 SCALE EASEMENT REVISED JOB N0.
1 "=60' 01-13-2000 1 301477
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-002
Page 1 of 3
DEDICATION OF REAL PROPERTY AGREEMENT
THIS AGREEMENT is made by and between the City of La Quinta (hereinafter called
City) and the undersigned property owner (hereinafter called Grantor) for the City's
acquisition of an easement for roadway purposes and a temporary construction
easement, all as described in Exhibits A and B attached hereto, in, on, over and across a
portion of that certain real property designated as Riverside County Assessor's Parcel
Number 769-270-002 ("the "Property"). Grantor hereby grants to City the Easements
more specifically set forth in Exhibits A and B attached hereto for the consideration and
upon the terms and conditions stated as follows:
Grantor understands that Grantor has the right to require the City to have the Property
appraised and to receive just compensation for the easements based on an approved
independent appraisal. However, as an inducement to City to undertake its public
roadway improvement project more particularly described as Jefferson Street
Improvements, Phase I --Avenue 54 to Hwy 111, Project 99-05 (the "Project"), Grantor
waives all rights to just compensation, damages to improvements pertaining to the
realty, severance damages, compensation for fixtures and improvements, relocation
benefits, litigation expenses, interest, and any cost or damage attributable to the City's
construction and operation of the easement granted hereunder for public right of way
purposes, and agrees to dedicate the required easements for the Project.
As consideration for Grantor's dedication of the required easements to the City, City on
behalf of itself and as the "Lead Agency" on the Project agrees to construct the
roadway improvements on Jefferson Street according to the City approved engineering
plans and hereby waives the right to recover any and all costs, expenses and charges
incurred for the improvements constructed by City or on behalf of City, for the Project.
This waiver includes, without limitation, an agreement by the City of La Quinta, not to
charge Grantor or impose against Grantor, the Property or any adjacent property owned
by Grantor or any subsequent owner of the Property or any adjacent property owned by
Grantor, as a condition of any further development on the Property and the adjacent real
property owned by Grantor or any subsequent owner thereof (in the forms of conditions
of approval for any such future development, an assessment district or districts, or
otherwise), any of such costs, expenses and charges (including without limitation
construction, engineering and design) incurred by the City or on behalf of the City for
the Project in constructing such improvements. However, this waiver does not excuse
Grantor or its successors -in -interest from paying any otherwise applicable citywide
development and processing fees, including, but not limited to, all development impact
fees.
Grantor also grants to City, the right to enter upon those portions of Grantor's remaining
real property as depicted on Exhibits "A" and `B", as is reasonably necessary to
construct the planned road improvements, construct and reconstruct driveways, if
Contract00.LQProp.Jeff WideDedica8
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-002
Page 2 of 3
necessary, deposit tools or other construction implements, remove and replace
boundary fences, if any and reconstruct or relocate any improvements affected by the
planned roadway improvements all at City's expense. City shall indemnify and hold
Grantor harmless for any costs, damages or claims arising directly or indirectly from
such right of entry and will leave the Property free of debris and in a condition
reasonably equal to its condition prior to City's access on the Property or start of
construction, whichever shall first occur, taking into account the construction of the
public right of way, including without limitation, grading and compaction in
compliance with City requirements. City shall leave the Property free of any Hazardous
Substances placed on or under the Property as a direct result of the City's construction
of the Project. For purposes of this Agreement, "Hazardous Substances" shall mean
substances defined as (I) "hazardous substances" in (A) the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42
U.S.C. Sections 9601 et seq.) together with the regulations enacted pursuant to such act;
and (B) Section 25316 of the California Health and Safety Code together with the
regulations enacted pursuant to such Statute, and (II) "hazardous wastes" in (A) the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et. seq.)
together with the regulations enacted pursuant to such Act; and (B) Section 25117 of
the California Health and Safety Code together with the regulations enacted pursuant to
such Statute.
Grantor hereby agrees and consents to the rescission of any resolution of necessity
relating to the Property covered by the easements, and dismissal of any eminent domain
action which may have been filed by the City, and waives any and all claim to money
that may be deposited in the Superior Court in such action, any claim for any
compensation, for the City's acquisition of the Property, and any claim to any other
damages, litigation expense, attorneys' or appraiser's fees, or any other payments.
This agreement is the entire agreement relating to the dedication of the Property
between the parties and all prior negotiations, representations and agreements are
incorporated and merged into this Agreement, except for the Agreement for
Replacement of Public Improvements, dated January 6, 2000 between KSL Land
Holdings, Inc. and the City of La Quinta. The terms and conditions stated herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the
parties hereto.
Contract00.LQProp.Jeff WideDedica8
Jefferson Street Widening Project
Landaq, Inc.
APN: 769-270-002
Page 3 of 3
The form of the grants shall be as set forth in Exhibits A and B, which exhibits are
attached hereto and by reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY
CITY OF LA QUINTA, a
Municipal corporation
l
;''
By:
Thomas P. Genovese,
City Manager
Date: /4/11)000
APPROVED AS TO FORM
7
Ah J: ram .. ( r 1'
City Attorney
LANDAQ, INC., a Delaware
corporation
Name:
Title: T
Date:
Contract00.LQProp.Jeff WideDedica8
EXHIBIT "A"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R&T Code 6 11922
use)
Assessor's Parcel Number:
769-270-002 [ ] All [X] Portion
GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LANDAQ, INC. A DELAWARE CORPORATION
HEREBY GRANTS TO
THE CITY OF LA QUINTA, A CHARTER CITY
a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes
incident to use of property for a public right of way, including but not limited to the construction,
maintenance, and operation of a roadway, underground and aboveground utilities, including sewer and drain
facilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control
devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train
stops, on, over, through, and upon the real property in the City of La Quinta, County of Riverside, State of
California as shown on Exhibit "A", and described 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.
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LEGAL DESCRIPTION
RIGHT-OF-WAY
(APN 769-270-002): EXHIBIT "B"
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6
SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER
OF SECTION 4,-
THENCE NORTH 00002'11" WEST ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 1646.84 FEET TO THE NORTHWEST CORNER OF THE
LAND DESCRIBED IN DEED TO DALMAIN C. WOODHOUSE, ET AL, RECORDED
JUNE 3, 1946 IN BOOK 752, PAGE 323, O.R.;
THENCE NORTH 89046'00" EAST ALONG THE NORTH LINE OF SAID WOODHOUSE
LAND, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND
30.00 EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER, AND THE
TRUE POINT OF BEGINNING;
THENCE NORTH 00002'1 V WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
320.39 FEET TO A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED IN
DEED TO FRANK GEORGE HRABETIN AND MARGUERITE CORA HRABETIN,
HUSBAND AND WIFE, RECORDED AUGUST 24, 1962 AS INSTRUMENT NO. 80112,
O.R.;
THENCE SOUTH 89053'58" EAST ALONG SAID SOUTHERLY LINE OF THE
HRABETIN LAND, A DISTANCE OF 30.64 FEET;
THENCE SOUTH 00045'48" WEST, A DISTANCE OF 45.80 FEET TO A POINT ON A
LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 4;
THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE
OF 274.41 FEET TO A POINT ON SAID NORTH LINE OF THE WOODHOUSE LAND;
THENCE SOUTH 89045'38" WEST ALONG SAID NORTH LINE, A DISTANCE OF
30.00 FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 9,624 SQUARE FEET, MORE OR LESS.
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EXHIBIT "B"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
ice above this line tor ecor er s use
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Number:
769-270-002 [ ] All [X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LANDAQ, INC., A DELAWARE CORPORATION
HEREBY GRANTS TO
THE CITY OF LA QUINTA, A CHARTER CITY
An Easement for Temporary Construction purposes, in, over and across the real property in the City of La Quinta,
the scope and terms of which are as follows:
A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors,
to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the
legal description attached as Exhibit "A" and Exhibit "B", as deemed reasonably necessary for all purposes
incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the
"Project'). The temporary construction easement shall include the right to perform any necessary excavation;
grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation;
accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary
activities which are reasonably incidental to the work being performed on said property in connection with the
Project.
Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned
street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural
grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement
area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the
condition before the Project in terms of access, irrigation, and connection of public right of way improvements to
the larger parcel.
The rights granted hereunder shall commence fourteen (14) days after written notification to the property
owner and shall continue in full force and effect for twelve (12) months after notice, which notice shall be
given no later than January 1, 2001. Upon termination of the temporary construction easement, the
Easement Area shall be restored to a condition that is functionally equivalent as is practicable to its
condition prior to the commencement of the work.
IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement
to be executed as of this day of , 1999.
C
Robert Bein, William Frost and Associates
74-410 Highway 111
Palm Desert, CA 92260
EXHIBIT "A"
Legal Description
Temporary 15' Construction Easement
APN 769-270-002
August 9, 1999
JN 20-301477
Page 1 of 2
In the City of La Quinta, County of Riverside, State of California, that portion of the
Northwest Quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly
described as follows:
Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the
West line of the said Northwest quarter and the South line of land described in deed to Frank
George Hrabetin and Marguerite Cora Hrabetin, Husband and Wife, recorded August 24,
1962 as Instrument No. 80112, O.R.;
thence South 89053'58" East, along said Southerly line of the Hrabetin land, a distance of 30.64
feet to the true point of beginning;
thence South 00045'48" West, 45.80 feet;
thence South 00002'11" East, 274.41 feet;
thence North 89045'38" East, 15.00 feet:
thence North 000021111, West, 274.25 feet;
thence North 000451481, East, 45.87 feet;
thence North 89053'58" West, 15.00 feet to the true point of beginning.
Containing 4,802 square feet, more or less.
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FIELD BOOK JOB NO.
301477