04 OTLQ - Acquisition Agreement (TCE) 11-21-18taQwkra
-- GEM oj'd. DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Analyst
DATE: December 3, 2018
RE: La Quinta Village Complete Streets Project Agreements for Temporary
Construction Easements and Permanent Easements for Assessor Parcel
Numbers:
770-020-003 and 770-020-003 (Atallah) - $2,050
• 770-123-001 (OTLQ, LLC) - $9,900 and $3,400
Attached for your signature are the Agreements (Temporary Construction Easements and
Permanent Easements) for the properties referenced above.
Please sign the attached agreement(s) and return to Julie Mignogna for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 401-0000-74010 Project Act 151603L
X Amount of Agreement, Amendment, Change Order, etc.:
• 770-020-003 and 770-020-003 (Atallah) - $2,050
• 770-123-001 (OTLQ, LLC) - $9,900 and $3,400
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on September 18, 2018 (Closed Session Item No. 2)
A18 01
City Manager's signature authority provided under Resolution No. 2&15-945 for budgeted expenditures
of $50,000 or less. This expenditure is $ and authorized by [Council, Director, etc]
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The fallowing required documents are attached to the agreement:
Insurance certificates as required by the agreement (approved by Risk Manager on date)
Performance bonds as required by the agreement (originals)
City of La Quinta Business License number
A requisition for a Purchase Order has been prepared (amounts over $5,000)
Revised May 2017
PARCEL NO. 770-123-001
PROJECT: La Quinta Village Streets Project
TITLE REPORT NO.: 618672235
SELLER: OTLQ, LLC, a Delaware limited liability company
CITY OF LA QUINTA
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTR UCTIONS-TEMPORARY CONSTR UCTION EASEMENT)
THIS AGREEMENT is entered into this 2-1 day of N u.re r-n be,^ , 2018, by and between the
City of La Quinta (hereinafter called "Buyer"), OTLQ, LLC, a Delaware limited liability company (hereinafter
called "Seller"), for acquisition by Buyer of certain real property as hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell, and Buyer agrees to purchase, a
temporary construction easement interest (the "Property") over a portion of the property owned by
Seller, upon the terms and for the consideration set forth in this Agreement and in the Temporary
Construction Easement Deed attached hereto as Exhibit "1 and incorporated herein.
2. PURCHASE PRICE. The total purchase price, payable in cash through this transaction, shall be the
sum of THREE THOUSAND FOUR HUNDRED DOLLARS AND NO/100 ($3,400.00).
CONVEYANCE OF TITLE. To Seller's knowledge, the Property is free and clear of all recorded
and unrecorded liens and encumbrances that could interfere with Buyer's intended use, and,
therefore, to Seller's knowledge, Buyer shall quietly enjoy its rights in and to the Property without
disturbance or inference by Seller or anyone claiming by, through or under Seller. Buyer, having
reviewed the title report attached hereto as Exhibit "2," accepts the Property with the listed
exceptions.
4. TITLE INSURANCE POLICY. Buyer may request a CLTA Standard Coverage Policy of Title
Insurance in the amount of $3,400.00 issued by Lawyer's Title Company showing title to the
Property vested in Buyer. Buyer agrees to pay the premium charged for said policy.
5. TRANSACTION. Buyer agrees to handle this transaction within its own office and in accordance
with this Agreement. This Agreement constitutes the joint instructions between Buyer and Seller,
and Buyer is empowered and will handle these instructions in accordance herewith. Buyer and Seller
agree to do all acts necessary to close this transaction in the shortest possible time.
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Seller has executed and handed a Grant of Temporary Construction Easement Deed to Buyer,
concurrently with this Agreement. As soon as possible after all requirements of this transaction have
been met, Buyer is authorized to, and shall, record the executed Grant of Temporary Construction
Easement, with Certificate of Acceptance attached. Buyer and Seller agree to deposit any additional
instruments as may be necessary to complete this transaction.
6. BUYER IS AUTHORIZED TO, AND SHALL:
A. Deduct and pay, from funds due Seller, any amount necessary to satisfy any delinquent taxes
due in any fiscal except the fiscal year in which this transaction closes, together with penalties
and interest thereon and/or delinquent assessments or bonds except those which title is to be
taken subject to, in accordance with the terms of this transaction.
B. Disburse funds and deliver or have delivered recorded deed(s) when Buyer and Seller have
fulfilled conditions of this transaction.
The term "close of transaction," if and where written in these instructions, shall mean the date
necessary instruments of conveyance are recorded in the Office of the County Recorder.
Recordation of instruments delivered through this transaction is authorized if necessary or proper in
the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended by
mutual agreement of the Parties hereto. Any amendment of, or supplement to, any instructions must
be in writing.
7. TIME IS OF THE ESSENCE. Time is of the essence in these instructions and this transaction is to
close as soon as possible. If this transaction is not in condition to close within 30 days from date of
these instructions, any parry who then shall have fully complied with their instructions may, in
writing, demand the return of his money or Property; but if none have complied, no demand for
return thereof shall be recognized until five (5) days after Buyer shall have mailed copies of such
demand to all other parties at their respective addresses shown in these instructions, and if any
objections are raised within said five (5) day period, Buyer is authorized to hold all papers or
documents until instructed by a court of competent jurisdiction or mutual instructions. If no
demands are made, proceed with closing this transaction as soon as possible.
8. RENTAL AND OCCUPANCY. Seller warrants that there is currently no lease or other lawful
possessory interest held by any party other than Seller in area included within the Property, or that
any persons or entities with any such lawful possessory interest on Seller's property, have consented
in writing to the transfer of the Property by Seller to Buyer, without additional compensation therefor
from Buyer to such party. Seller shall indemnify Buyer and hold Buyer harmless from and against
any claim for any proceeds of the Property being conveyed hereunder by any other parry, including
any claim that any such parry is entitled to a portion of the proceeds paid by Buyer pursuant to this
Agreement.
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9. HAZARDOUS SUBSTANCES DISCLOSURE. To Seller's knowledge, and without investigation,
Seller warrants and represents to Buyer that there are no hazardous or toxic material or substances
located on or beneath the Property.
10. NOTICE OF TAX WITHHOLDING REQUIREMENTS. It is further understood and agreed by
Buyer and Seller that closing of this escrow is subject to and contingent upon Seller executing a
"Transferor's Affidavit of Non -Foreign Status" and California Form 593-C (Individual Sellers) or
593-W (Real Estate Withholding Exemption Certificate and Waiver Request for Non -Individual
Sellers) and depositing a copy of same into escrow.
11. NO COST TO SELLER. Buyer shall bear all costs and expenses in connection with Buyer's and/or its
assignees' purchase and use of the Property.
12. MANAGEMENT OF WORK AREAS AND ACTIVITIES. Buyer shall perform its activities on the
Property in a safe manner and in accordance with all applicable governmental and other laws, rules and
regulations. No "hazardous or toxic wastes, substances or materials," as such terms are or may from
time to time be defined by Federal, state, county or municipal laws, ordinances, orders or regulations
applicable to the use and enjoyment of the Property (which regulated materials are collectively
hereinafter referred to as "Hazardous Materials") shall be placed or used or allowed to be placed or used
on the Property by Buyer or any of its employees, agents and contractors. Buyer shall not suffer or
permit to be enforced against the Property, or any part thereof, any mechanics', materialmen's,
contractors' or subcontractor's liens or any claim for damage arising from the work performed by Buyer
or any of its employees, agents or contractors. At the expiration of the temporary construction easement
or the expiration or termination of Buyer's temporary rights under this Agreement, Buyer shall restore
the Property to the same condition that existed prior to Buyer's operations, and Buyer shall remove all
equipment and construction materials. Buyer shall perform or cause its work to be performed in a
manner so as not to unreasonably interfere with the remaining property of Seller.
13. I.R.S. FORM "W-9". It is further understood and agreed by Seller that closing of this transaction is
subject to and contingent upon Seller executing an Internal Revenue Service Form "W-9" and/or
1099-S form and depositing same with Buyer.
14. EMINENT DOMAIN ACTION. Seller hereby acknowledges that Buyer may file, or has filed, an
eminent domain action regarding the Property, naming the owner of the real property, and others as
necessary defendants, and may apply for an Order of Prejudgment Possession. Buyer and Seller
acknowledge the property is being acquired by Buyer as part of the exercise of its Eminent Domain
activities. Upon the close of transaction, Seller hereby consents to the dismissal of any action filed
by Buyer for the condemnation of said property and other interests and waives any claim for costs or
attorneys' fees or any compensation whatsoever other than the Purchase Price as provided hereunder,
as a result of such dismissal.
15. NO WAIVER. No delay or omission by either parry hereto in exercising any right or power accruing
upon the compliance or failure of performance by the other party hereto under the provisions of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by
either parry hereto of a breach of any of the covenants, conditions or agreements hereof to be
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performed by the other party shall not be construed as a waiver of any succeeding breach of the same
or other covenants, agreements, restrictions or conditions hereof
16. MERGER OF PRIOR AGREEMENTS AND UNDERSTANDINGS. This Agreement and other
documents incorporated herein by reference contain the entire understanding between the Parties
relating to the transaction contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged herein and shall be of no
further force or effect. Neither party relies upon any warranty or representation not contained in this
Agreement. This Agreement may only be amended by a written instrument, signed by both parties.
17. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid by
Buyer to Seller as set forth in Paragraph 2 of this Agreement constitutes, except as otherwise
specifically provided herein, the full and complete settlement of any and all claims against Buyer, by
reason of Buyer's acquisition of the Property, and Buyer's construction and use of the Project as
proposed. Except as otherwise provided herein, Seller waives any claim which it has or may have for
any payment or compensation for any damage to persons or property arising out of Buyer's acquisition
of the Property, all investigations and pre -condemnation activity undertaken pursuant thereto, and the
construction and use of the Project in the manner proposed. This waiver includes, but is not limited to
claims for just compensation for the property interest acquired, claims for severance or other damage,
unreasonable delay or pre -condemnation conduct, impairment of access abutters rights, loss of business
goodwill, any continuing rights under Code of Civil Procedure section 1245.245, and relocation
benefits to which Seller may be entitled, and any and all other claim that Seller may have, whether or
not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the
Property. This waiver is intended by the parties to be a full and complete waiver, notwithstanding any
later -discovered information and Seller waives any rights to any protections under Civil Code section
1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
This waiver is intended to be a full and final release of any and all such claims to which it pertains, and
Seller warrants to the Buyer that it has had the opportunity to consult with legal counsel regarding the
provisions of California Civil Code Section 1542, and the consequences and implications of waiving
operation of this statute, and knowingly and voluntarily waives it.
Sellers' Initials:^
18. 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.
19. AUTHORITY. This instrument shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors, and assigns of the Buyer and Seller. The Parties upon whose
benefit the signature appears below warrant, each to the other, that the person whose signature
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appears below has the legal authority to bind the party on whose behalf the signature appears to the
terms of this Agreement, and that by doing so such Party is not in breach of any other contract or
agreement.
20. SEVERABILITY. The provisions of this Agreement are severable, and if any portion is held invalid
or otherwise unenforceable, the Parties intend that all other provisions shall remain in full force and
effect.
21. ATTORNEYS' FEES. In the event of any controversy, claim or dispute relating to this instrument
or any breach thereof, the prevailing party shall be entitled to recover its attorney(s) fees, costs, and
expenses, whether or not the matter is prosecuted to final judgment. Attorney(s) fees shall include
all costs, expert witness fees, and all other reasonable expenses.
22. EARLY POSSESSION AND USE OF EASEMENT AREAS: In the event that this transaction is
not in a condition to close at such time that Buyer requires use of the property for its street
improvement project, permission is hereby granted Buyer to enter upon the portion of Seller's land
described in Exhibit 1 attached hereto for the purpose of constructing or improving the public streets
and adjoining areas and accomplishing all necessary incidents thereto.
It is understood that this permission is not a waiver in any way of the right of compensation for such
land or of any remedy authorized by law to secure payment therefor. As is demonstrated in this
Agreement, it is the intent of the Buyer to pay just compensation to the Seller for permission to enter
the subject property and to construct the project.
This permission is granted in consideration of the location, improvement and construction of such
street improvements and incidents thereto, which it is understood is required by the Buyer, with the
understanding that you will hereafter without unnecessary delay, complete the terms of this
Agreement. In the event that Seller cannot complete its obligation under this Agreement, and cannot
convey the easements that are the subject of same, Buyer agrees to commence eminent domain
proceedings, including a deposit of funds to support an Order for Possession, to have said
conveyance completed through eminent domain proceedings.
Section 1245.235 of the Code of Civil Procedure requires the Buyer to give each person whose
property is to be acquired by eminent domain notice and a reasonable opportunity to appear before
the California Transportation Commission and be heard on the matters referred to in Section
1240.030 of the Code of Civil Procedure, which provides:
The power of eminent domain may be exercised to acquire property for a proposed project only if all
of the following are established:
(1) The public interest and necessity require the project.
(2) The project is planned or located in the manner that will be most compatible with the greatest
public good and the least private injury.
(3) The property sought to be acquired is necessary for the project.
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(4) The offer required by Section 7267.2 of the Government Code has been made to the owner or
others of record. (If an offer has not been made, an appraisal will be prepared as soon as practicable
and an offer made of the full amount of such appraisal.)
By granting this irrevocable right to possession and use of the parcels to Buyer, Seller agrees to the
following: (1) Seller specifically waives the notice required by Code of Civil Procedure Section
1245.235 of the hearing of the matter referred to in Code of Civil Procedure Section 1240.030 and
the adoption of the resolution of necessity by the Buyer authorizing the taking of the property
described in Exhibit 1 ; (2) Seller shall not object to the filing of an eminent domain proceeding to
acquire the property described in Exhibit 1 ; and (3) in any eminent domain action filed by City to
acquire the property described in Exhibit 1, Seller shall not challenge City's right to take such
property, and the only issue shall be the amount of just compensation for the property.
It is understood that the City will pay interest from the date possession is taken on the just
compensation paid by the Buyer. The rate of interest will be the rate of earnings of the Surplus
Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code
of Civil Procedure. Interest will be computed to and including the date of deposit of compensation.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first set forth
hereinabove.
Date: 1). 1
ATTEST:
Monika Radevi, City Clerk
APPROVED AS TO FORM:
By:
William H. Ihrke, City Attorney
[END OF SIGNATURES]
SELLER: OTLQ, LLC, a Delaware
limited liability company ,M Irv`'
Its: NCi,ack4'
BUYER:
CITY OF LA QUINTA,
a California municipal corporation
City Manager
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A
EXHIBIT 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
APN: 770-123-001
FULL [ ] PORTION [X]
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged OTLQ, LLC, a Delaware
limited liability company, OWNER, ("Grantor"), hereby grants to the CITY OF LA QUINTA, a
municipal corporation ("City") a temporary construction easement (the " Temporary Construction
Easement") in, on, over, along, through, upon, under and across that certain real property, described on
Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the
"Temporary Construction Easement Area"), for the following purposes:
A nonexclusive easement which permits City, its officers, agents, employees, and contractors, to
enter upon, occupy, and pass over the Temporary Construction Easement Area, consisting of
approximately 937 square feet, as reasonably necessary for all purposes incidental to the La Quinta
Village Diet Streets Project (the "Project"). This Temporary Construction Easement shall include the
right to perform within the Temporary Construction Easement Area, 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 Temporary
Construction Easement Area in connection with the approved plans for the Project; provided, however,
this Temporary Construction Easement shall not include the right to store any materials or park any
vehicles which are not incidental to the work to be performed on site in connection with the Project, nor
to block vehicular access to the larger parcel of property of which the Temporary Construction Easement
Area is a part ("Grantor's Property"), nor exercise the uses of the easement outside of the Temporary
Construction Easement Area.
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Such incidental activities shall include, but not be limited to, utilizing the Temporary
Construction Easement Area for adjusting grade differentials between the planned Project and the
adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural
grade areas, providing standard construction site control measures as may be reasonably necessary to
allow the work which will be done pursuant to this Temporary Construction Easement in a safe and legal
manner, and 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, consistent with the Project to be constructed. To the extent
legally permitted improvements are constructed on the Temporary Construction Easement Area, City
shall protect or restore all improvements thereon.
City agrees to provide Grantor with a written forty-eight (48) hour notice prior to occupying the
Temporary Construction Easement Area.
[Signatures on next page]
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IN WITNESS WHEREOF, the Grantor and City hereto have caused this Easement Deed to be
executed as of this day of , 2018.
GRANTOR:
OTLQ, LLC, a Delaware limited liability
company
an
Its:
CITY:
CITY OF LA QUINTA, a California municipal
corporation
Frank J. Spevacek, City Manager
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
IN
William H. Ihrke, City Attorney
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
State of California )
County of Riverside )
On , 2018, 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
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
State of California )
County of Riverside )
On 2018, 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
(Seal)
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EXHIBIT RA"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 770-123r001 - OLD TOWN LA QUINTA
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF LOT 61 OF DESERT CLUB TRACT UNIT NO, 4, AS SHOWN
BY MAP ON FILE IN BOOK 21, AT PAGE 60, OF MAPS, OFFICIAL RECORDS OF SAID
COUNTY, LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6
SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED BY
GRANT DEED RECORDED MARCH 17, 1992 AS INSTRUMENT NO. 090772.
OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 00003'50" WEST, ALONG THE. EASTERLY LINE OF SAID LOT 61, A
DISTANCE OF 3.00 FEET, TO A POINT ON A LINE PARALLEL WITH AND 3.00 FEET
DISTANT FROM THE SOUTHERLY LINE OF SAID INSTRUMENT NO, 090772;
THENCE SOUTH 89059'39" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
66.39 FEET TO A POINT ON A LINE PARALLEL WITH AND 5.00 FEET DISTANT FROM
THE SOUTHEASTERLY LINE OF SAID INSTRUMENT NO. 090772;
THENCE SOUTH 42°53'50" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
1277 FEET;
THENCE SOUTH 00'00'00" WEST, A DISTANCE OF 61.86 FEET;
THENCE NORTH 89"58'22" EAST, A DISTANCE OF 3.03 FEET;
THENCE SOUTH 00000'00" WEST, A DISTANCE OF 5.36 FEET TO THE BEGINNING
OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF
825.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 03°42'06" EAST, SAID
POINT ALSO BEING ON THE SOUTHERLY LINE OF SAID LOT 61;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY
LINE OF SAID LOT 61, THROUGH A CENTRAL ANGLE OF 00°3T55", AN ARC
DISTANCE OF 9.10 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT
BEARS SOUTH 03'*04'110 WEST;
1 OF 3
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EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 770-123-001 - OLD TOWN LA QUINTA
THENCE WESTERLY ALONG THE ARC OF SAJD CURVE AND THE SOUTHERLY
LINE OF SAID LOT 61, THROUGH A CENTRAL ANGLE OF 12°57'62", AN ARC
DISTANCE OF 4.53 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16602'03"
WEST;
THENCE NON -TANGENT TO SAID CURVE NORTH 00000'00" EAST, A DISTANCE OF
14.11 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,
HAVING A RADIUS OF 100.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 08004'04", AN ARC DISTANCE OF 14.08 FEET;
THENCE NORTH 08*04'04" WEST, A DISTANCE OF 10.84 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 28.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 22-:56-03", AN ARC DISTANCE OF 11.21 FEET, TO THE SOUTHERLY
LINE OF SAID INSTRUMENT NO. 090772, A RADIAL LINE TO SAID POINT BEARS
NORTH 75°08'01" WEST;
THENCE NORTH 42"53-50" EAST, ALONG THE SOUTHERLY LINE OF SAID
INSTRUMENT NO. 090772, A DISTANCE OF 24.98 FEET;
THENCE NORTH 89059'39" EAST, ALONG THE SOUTHERLY LINE OF SAID
INSTRUMENT NO. 090772, A DISTANCE OF 70.43 FEET, TO THE POINT OF
BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -
WAY OF RECORD.
CONTAINING 937 SQUARE FEET OR 0.022 ACRES MORE OR LESS.
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EXHIBIT "A'"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 770-123-001 - OLD TOWN LA QUINTA►
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
CHARLES R. HARRIS
DATED: -7"• 19
P.L.S. 4989
C41AHLEH R HAFM .
+"
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EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
APN 770-123-001 - OLD TOWN LA QUINTA
SEC. 6, T.6S., R.7E., SBM
I
CE AREA
937 SQ. FT.
0.022 AC.
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CALLE TAMPICO _
R/W DEDICATION PER INST. NO.
,Lo 090772, REC. 03/17/1992, O.R.
5'LY R/W LINE P.0.8.
SE COR.
II R/W
N 89'59'39" E 70.43' i DEDICATION
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N 75'08'01
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MB 21 /60
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LOT 61
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APN 770-123-001
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N 89'58'22" E
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PROPOSED R/W PER
SEPARATE DOC MENT
S'LY LINED
LOT 61
C7
S 1 fi'02'O3" W
R
—
Cl N 03'42 06" E
5 OX .11" W
N'LY R/W LINER
N
- MA�STR ET
0' 30' 60,
SCALE 1"-30'
DATED:
LINE DATA
NO.
BEARING
LENGTH
L1
S 00'03'50 W
3.00'
L2
S 00'00'00 W
5.36'
L3
N 00'00 00" E
14.11
L4
N 08'04'04" W
10.84
L5
IN 4753'50" E
124.98
CURVE
DATA
NO.
DELTA
RADIUS
LENGTH
C1
00'37'55"
825.00'
9.10'
C2
12'57 52
20.00
4.53'
C3
O8`04 04
100.00
14.08'
C4
2756'03"
28.00
11.21
MSA CONSULTING, INC.
PLANNING ■ CTVII,, Emmmim
ID LANs SuRvBywG
J.N. 2396 SHEET 1 of 1