HomeMy WebLinkAbout600-030-018 DWCG1 - Offer 06-10-19i
G�
G T4 ht
OP
June 10, 2019
DWCG1, LLC
c/o Donna Wharton
1400 N. Tustin Street
Orange, CA 92867-3902
Copy: Casey Griffin, Logan Asset Management
30100 Town Center Dr., Suite 0-310
Laguna Niguel, CA 92677
Regarding: Dune Palms Road Bridge Project
City Project Number: 2011-05
Federal Project Number: BRNBIL (537)
Offer of Just Compensation and Appraisal Basis of Offer
Property Located at the Northeast corner of Dune Palms Road and Highway
111, La Quinta, California
Assessor Parcel No.: 600-030-018
Dear Property Owner:
The City of La Quinta, (hereinafter called the "City'), is proposing the construction of
the Dune Palms Road Bridge Project for the purpose of replacing the existing low water crossing
that spans the Coachella Valley Storm Water Channel at Dune Palms Road with a Bridge. As
presently planned, the proposed City project requires the purchase of a Roadway and Public
Utilities Easement, Permanent Slope Easement along with a Temporary Construction
Easement, over a portion of your property located at Northeast corner of Dune Palms Road
and Highway 111, La Quinta, California in the City of La Quinta. The specific area proposed for
the easement is identified in the attached Exhibits "A" and delineated on Exhibits "B"
(Property).
Therefore, pursuant to Government Code section 7267.2, City hereby makes a formal
offer to purchase a Roadway and Public Utility Easement, Slope Easement and Temporary
Construction Easement over the portion of your property for the sum of $222,000.00 (Two
Hundred Twenty -Two Thousand and No/100 Dollars), which is segregated as follows:
$168,742.00 Roadway and Utility Easement
$ 43,574.00 Permanent Slope Easement
$ 9,408.00 Temporary Construction Easement
$ 0.00 Severance Damages
$222,000.00 Total Offer to Purchase (Rounded)
The amount offered is based upon an appraisal performed by the City, and is explained
in the enclosed Statement of Just Compensation and Summary Statement. This offer is the
full amount the City believes to be "Just Compensation" and is not less than the approved
appraisal of its fair market value. The amount of this offer does not include compensation for
any relocation benefits you may be entitled to receive. The City is offering these amounts for
title to all interests the City seeks to acquire; division of the amount among other parties having
any claims of ownership, lienholders, or any possessory or other interests in the Property will
be your responsibility.
78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org
DWCG1, LLC
May 23, 2019
Page 2
It is the City's hope that this price is agreeable to you, and that the acquisition can
begin immediately. If so, the City will begin preparation of a Purchase and Sale agreement
memorializing the terms of the proposed transfer, the form of which will be subject to approval
by the City's City Council. The City Council has already approved the amount of the offer,
however.
This offer is for conveyance of a Permanent Roadway, PUE, Slope and TCE easement,
excluding any oil, gas, or mineral rights below the depth of 500 feet, and subject to terms and
conditions set out below, and assuming that the Property is free of any environmental
contamination or Hazardous Materials, and that it is not the subject of any ongoing
environmental investigation or alleged violations of Environmental Laws.' Payment will be
made when the title to the Property vests in the City free and clear of all recorded or unrecorded
liens, encumbrances, assessments, leases and taxes, except:
1. Taxes for the year in which the Property is purchased, which shall be cleared
and paid in the manner required by Section 5086 of the Revenue and Taxation
Code, if unpaid at the time escrow for the purchase closes;
2. Covenants, conditions, restrictions and reservations of record, that do not
interfere with the City's proposed use of the Property;
1 For the purposes of this letter, the term "Environmental Laws" means any and all federal, state, regional and local laws,
statutes, ordinances, orders, rules, regulations, guidance documents, )udgments, governmental authorizations, or any other
requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted,
relating to the presence, release, generation, use, handling, assessment, investigation, study, monitoring, removal, remediation,
cleanup, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human,
plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980 , as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. § 9601), the Hazardous
Materials Transportation Act (49 U.S.C. § 1801 et Leg.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et M.),
the Federal Water Pollution Control Act (33 U.S.C. § 1251 et M.), the Clean Air Act (42 U.S.C. § 7401 et sec.), the Toxic
Substances Control Act (15 U.S.C. § 2601 et seg.), the Oil Pollution Act (33 U.S.C. § 2701 et sea.), the Emergency Planning and
Community Right -to -Know Act (42 U.S.C. § 11001 et seq.), the Porter -Cologne Water QualityControl Act (Cal. Wat. Code § 13000
et seg.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et =.), the Safe Drinking Water and Toxic
Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et set,), the California Hazardous Waste Control Law (Cal. Health
& Safety Code § 25100 et seg.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code
§ 25500 et seg.), and the Carpenter -Presley -Tanner Hazardous Substances Account Act (California Health and Safety Code,
Section 25300 et M.). As used in this letter, the term "Hazardous Material(s)" includes, without limitation, any hazardous or
toxic material, substance, irritant, chemical, or waste, including without limitation (a) any material defined, classified, designated,
listed or otherwise considered under any Environmental Law, including, without limitation, as defined in California Health &Safety
Code Section 25260, as a "hazardous waste," "hazardous substance, ""hazardous material," "extremely hazardous write, acutely
hazardous waste," "radioactive waste," "biohazardous waste," "pollutant," "toxic pollutant," "contaminant," "restricted hazardous
waste," "infectious waste," "toxic substance," or any other term or expression intended to define, list, regulate or classify
substances by reason of properties harmful to health, safety or the indoor or outdoor environment, (b) any material, substance
or waste which is toxic, ignitable, corrosive, reactive, explosive, Flammable, infectious, radioactive, carcinogenic or mial, substance
ic, and
which is or becomes regulated by any local governmental authority, any agency of the State of California genic
any agency of the
United States Government, (c) asbestos, and asbestos containing material, (d) oil, petroleum, petroleum based products and
petroleum additives and derived substances, (e) urea formaldehyde foam insulation, (f) polychlorinated based
biphp yls (PCBs),
d
(g) freon and other chlorofluorocarbons, (h) any drilling Fluids, produced waters and other wastes associated with the expioration,
development or production of crude oil, natural gas or geothermal resources, (i) mold, fungi, viruses or bacterial matter, and
0) lead -based paint.
Page 2
3. Easements or rights -of -way over the land for public or quasi -public utility or
Public street purposes, if any; and
4. Any other interests in the Property or exceptions to title appearing on a
preliminary title report or litigation guarantee, which are accepted by the City in
writing through escrow.
The City will pay all usual fees, charges, and costs, which arise out of this escrow.
As a condition of this offer, the City reserves all rights and remedies it has or may have
against you and all persons or entities who may be responsible for any environmental
contamination or any Hazardous Materials that may exist or may have existed on or migrating
to or from the Property, including all rights to seek damages or other remedies pursuant to
any Environmental Laws.
Overland, Pacific & Cutler, LLC (OPQ has been retained as the City's acquisition
consultant and will answer any questions you have regarding this offer letter and its
attachments. You can reach John Cutler of OPC at 1-760-776-1238.
If for any reason you are not satisfied with this offer of just compensation and have
additional relevant information that you would like the City to consider regarding the value of
the property proposed to be acquired, it will be happy to do so. We would also welcome speaking
with you to clarify any questions or concerns you may have regarding the scope of the easements
proposed to be acquired. If you have such information, questions, or concerns, please contact
Mr. Cutler at the number above.
In addition, you should be aware that in the event negotiations fail to result in agreement,
and the City Council ultimately decides to authorize attempted acquisition of the property through
eminent domain, you will have the right to have the amount of just compensation to be paid by
the City for a Roadway and Public Utilities Easement, Permanent Slope Easement and a
Temporary Construction Easement, and any resulting damages fixed by a court of law. Please
be advised that in such event, the terms of this offer and the contents of this letter may be
excluded from consideration as an offer of settlement, under California Evidence Code sections
1152, 1154, or other applicable provisions of law.
In compliance with Government Code section 7267.2, included with this offer letter is an
information pamphlet describing the eminent domain process. This brochure is being provided
to you for informational purposes only and is not to be construed as legal advice.
Page 3
cc: Overland, Pacific & Cutler, LLC.
Enclosures:
Acknowledgement of Receipt of Offer Package
Statement of Just Compensation
Exhibits "A" & "B'), Legal Descriptions and Plat Maps for the following interests:
• Roadway and Public Utility Easement
• Permanent Slope Easement
• Temporary Construction Easement
Copy of Code of Civil Procedures Section 1263.510
Acquisition Brochure
Title VI Package
W-9 Request for Taxpayer ID
Page 4
STATEMENT OF JUST COMPENSATION
Date of Offer: June 10, 2019
Assessor's 600-030-018
Parcel:
Property DWCG1, LLC
Owner(s):
Property Northeast Corner of Dune Palms Road and Highway 111
Address: La Quinta, California 92253
Legal See Attached Exhibits "A" & "B"
Description:
Public Use for Roadway, Public Utilities in conjunction with Bridge Improvements
Property:
Date of Value: November 6, 2018
Estate to be Roadway & Public Utilities Easement, Permanent Slope Easement &
Acquired: Temporary Construction Easement
Area to be 9,926 Square Feet Roadway & Public Utilities Easement
Acquired: 2,848 Permanent Slope Easement
1,536 Square Feet Street Temporary Construction Easement
Highest and The highest and best use is defined as "the reasonably
Best Use: probable and legal use of vacant land or an improved
property, which is physically possible, appropriately
supported, financially feasible, and that results in the
highest value.
Present Use: Vacant Lot
Zoning: General Commercial
Improvements: There are no improvements within the acquisition areas
Page 5
Summary of the Basis for Just Compensation
Value Estimate: Application of the Sales, Income and Cost Comparison Approaches to Value
The Sales Comparison Approach is one of the preferred methods of valuation when comparable
data is available. The price per square foot (land only) has been used as the salient units of
comparison. Since we are valuing land value only, and there are adequate land sales on which
to base an evaluation, the Income Approach is not deemed to be an appropriate or necessary
approach to value and was not utilized. Additionally, the Cost Approach to value was deemed
not to be relevant and was not utilized in this valuation because there are no improvements
being valued.
Sales Comparison Approach — Commercial Land Value
The sales comparison approach is used to derive a value indication by comparing the property
being appraised to similar properties that have sold recently, applying appropriate units of
comparison, and making adjustments to the comparables based on the elements of
comparison. This is a preferred method of valuation when comparable sales data are available.
The appraiser identified the sales listed in Exhibit "C, attached hereto, as being most helpful
when estimating the value of the subject property:
Sales Approach Analysis:
Value of the Larger Parcel (land Only) in the Before
Condition pursuant to the Sales Comparison Approach:
388,555 square feet (sq. ft.) X $17.00 per sq. ft. $6,605,435.00
Value of the Roadway & Utility Easement:
9,926 sq. ft. X $17.00 per sq. ft. X 1000/a $ 168,742.00
Value of the Permanent Slope Easement
2,848 sq. ft. X $17.00 per sq. ft. X 90% 43 574.00
Total for the Permanent Easements $ 212,316.00
Value of the Temporary Construction Easement (TCE):
TCE base land area:
(1,536 sq. ft. X $17:00 per sq. ft.)
9% annual return on land value
Monthly ground rent on land value
Estimated compensation for TCE
for 48 months (48 X $196.00)
$26,112.00
$ 2,350.00
$ 196.00
$ 9,408.00 $ 9,408.00
Page 6
In addition, in establishing the amount believed to be just compensation, the City's appraisal
assessed whether or not there were damages and benefits to the remaining property. The
basis for this determination is whether or not the remainder had been diminished in value by
reason of the acquisition of the easement being acquired and the construction of the
improvement in the manner proposed (severance damage) and, if so, whether the same
remainder had been increased in value by reason of the construction of the improvement in
the manner proposed (benefits). If there are no severance damages, then the determination
of whether there is a benefit is inapplicable since benefits can only be used to offset severance
damages under applicable California valuation law.
Here, it was determined that no severance damages were caused by the acquisition and that
the value of the remainder is the same in the before condition as it will be in the after condition.
Recapitulation and Value Conclusion:
Based upon the appraisal, the amount established as just compensation is as follows:
Value of the Property Before the Taking
Value of the Part Taking
Value of the Remainder Parcel as Part of the Whale
Value of the Remainder After the Taking
Severance Damage
Value of TCE
Total Compensation
$ 6,605,435.00
212 316.00 $212,316.00
$ 6,393,119.00
6,393,119.00
$ 0.00
$ 9,408.00 9,408.0
$221,724.00
Valuation Conclusion: Fair Market Value of Easements, Including
Improvements (Rounded) $222,000.00
Page 7
Important Additional Information Regarding the City`s Offer
I. In the event this offer is accepted, you are entitled to receive full payment prior to the
City taking possession of the area being purchased unless you waive such entitlement.
You are not required to pay recording fees, transfer taxes, or the pro-rata portion of
real property taxes which are allocable to any period subsequent to the passage of title
or possession, as they affect the subject area only.
Upon request by you, the City may offer to purchase any uneconomic "remnant" which
is/are owned by you or, if applicable, occupied by you as a tenant and which is/are
contiguous to the land being conveyed. As used herein, "remnant" means a remainder
property or portion thereof that will be left in such size, shape, or condition as to be
of little market value. If you believe the proposed acquisition creates any uneconomic
remnant, you are invited to so advise the City, so the city can consider potential
acquisition of the remnant.
3. All buildings, structures and other improvements affixed to the land being proposed to
be acquired, which are owned by the seller(s) herein or, if applicable, owned by you
as a tenant, are included in what the City is proposing to purchase, unless other
disposition of these improvements has been made and agreed to.
4. The amount of just compensation being offered to you was based on a fair market
value appraisal prepared in accordance with accepted appraisal procedures. FAIR
MARKET VALUE, as used in this document, and in the appraisal, is "........the highest
price on the date of valuation that would be agreed by a seller, being willing to sell but
under no particular or urgent necessity for doing so, nor obligated to sell, and a buyer,
being ready, willing and able to buy but under no particular necessity for so doing,
each dealing with the full knowledge of all the uses and purposes for which the
property is reasonably adaptable and available." (Section 1263.320 Code of Civil
Procedure). The valuation of your property has been based upon an analysis of the
most recent market data for similar uses of the properties in the immediate area. The
appraiser has given full and careful consideration to the highest and best use for
development of the property and to all features inherent in your property affecting its
market value. The amount of this offer;
a. Represents the full amount of the appraisal of just compensation for the
property to be purchased;
b. it is not less than the approved appraisal of the fair market value of the property
as improved;
c. Disregards any decrease or increase in the fair market value of the real property
to be acquired prior to the date of valuation caused by the public improvement
for which the property is to be acquired or by the likelihood that the property
would be acquired for such public improvement, other than that due to physical
deterioration within the reasonable control of the owner or occupant;
Page 8
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which you may be entitled to receive under
applicable State or Federal Law or any agreement with the City.
5. The owner of a business conducted on a property to be acquired, or conducted on the
remaining property which will be affected by the purchase of the required property,
may be entitled to compensation for the loss of goodwill. Claims for loss of business
goodwill are governed by Code of Civil Procedure Section 1263,510, a copy of which is
attached. Entitlement to such an award is contingent upon the business owner's ability
to prove such loss in accordance with the provision of Sections 1263.510 and 1263.520
of the Code of Civil Procedure. This offer does not reflect any amount of compensation
attributable to any loss of business goodwill. If you would like the City to consider
whether goodwill should be evaluated as a part of this offer, it will do so. Such an
evaluation will require you to provide certain information to the City, including detailed
financial information and tax returns. Such an evaluation usually also requires an
interview with the owner/operator of the business. If you wish to pursue a claim for
loss of business goodwill at this time, please advise the City, and it will initiate the
information exchange process required to make an evaluation of the claim.
6. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an
independent appraisal, the City will reimburse you for the actual reasonable costs up
to $5,000 subject to the following conditions:
a. You, not the City must order the appraisal. Should you enter into a contract
with the selected appraiser, the City will not be a party to the contract.
b. The selected appraiser must be licensed with the Office of Real Estate
Appraisers (OREA).
c. Appraisal cost reimbursement requests must be made in writing, and submitted
to the City within 90 days of the earliest of the following dates: (1) the date
the selected appraiser requests payment from you for the appraisal; or (2) the
date upon which you, or someone on your behalf, remits full payment to the
selected appraiser for the appraisal. Copies of the contract (if a contract is
made), appraisal report, and invoice for completed work by the appraiser must
be provided to the City concurrent with submission of the appraisal cost
reimbursement request. The cost must be reasonable and justifiable.
7. If you ultimately elect to reject the City's offer for your property, you are entitled to
have the amount of compensation determined by a court of law in accordance with
the laws of the State of California:
8. Because the City's public use for your property is scheduled to begin as soon as the
City acquires the necessary property interests needed for the proposed project within
two years of the acquisition of the subject property, the City does not offer a leaseback
agreement for your property being acquired pursuant to Code of Civil Procedure
Section 1263.615.
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION
ROADWAY AND PUBLIC unLITIES EASEMENT - DUNE PALMS BRIDGE
(APN 600-03o-018 J DWGCI, LLC)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Trustee's Deed Upon Sale
recorded May 17, 2010 as Doc, # 2010-0225914 of official Records of said County, more
particularly described as follows;
BEGINNING at the northwest corner of a Grant Deed, recorded February 26, 2007 as Doc. #
2007-0130622 of Official Records of said County, said point being located on the easterly right-
of-way line of Dune Palms Road per Deed recorded May 24,1933 in Book 122, page 374 of
Official Records of said County, said easterly right-of-way line being located parallel with and
30.00 feet easterly of the westerly line of the northeast quarter of Section 29, Township 5
South, Range 7 East, San Bernardino Meridian;
Thence along said easterly right-of-way line North 00°09'52" West a distance of 510.12 feet to
the southerly line of the CVWD Stormwater Channel right-of-way per Deed recorded March 6,
1962 in Book 3019, page 227 as Instrument No. 20717 of Official Records of said County,
Thence along said southerly right-of-way line South 71'20'45" East a distance of 24.30 feet to a
line parallel with and 53.00 feet easterly, as measured at right angles, from said westerly line of
the northeast quarter of Section 29;
Thence along said parallel line South 00'09'52" East a distance of 73,07 feet
Thence leaving said parallel line at right angles South 89'50'08" West a distance of 4.Oo feet to
a line parallel with and 49.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
page 1 of 2
Page 10
Thence along said parallel line South 00'09'52" East a distance of 429.21 feet to the northeast
corner of said Grant Deed, recorded February 26, 2007 as Doc. # 2007-0130622;
Thence leaving said parallel line at right angles and along the northerly line of said Grant Deed,
recorded February 26, 2007 as Doc. # 2007-0130622 South 89050'08" West a distance of 19.00
feet to the POINT OF BEGINNING.
CONTAINING: 9,926 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on 'EXHIBIT "B" — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
Be Daniel E �LS8756
Prepared September 13, 2018
Page 2 of 2
Page 11
� o I
4 gyp,
¢ �I
�y
w�
J
V �
� I
W w
Q �
O CC
\ LL 0 1 45
O CL I- sC
___j Z
ULd
CJ
1 {�
1
P.4. B.
NM' COR. OF DEED REC.
02/26/2007 AS DDC.#
2007-0130622, O,R.
i 1
J (I
1 f
5 CY (I
EXHIBIT "B" - PLAT
:J "r PLAT TO ACOOYPAMY LEGAL VESCWnoN FOR
PAZA RFC, C' A PAW ROAD AND VMp EAS "T
227 �1611*2 R.0.11 P01MO ! Of SEC. 29. TSS. M SsW
RIA'S �2 ley R AFN 500--030-015 / Owl, L1.0
Jos1
MMLY
pp
if -am
EXCEPTION - 30' rC 1/4
R/N PER DEED REC. 5/24/1933 W gxnaN 79
IN M 122, PAGE 374 O.R,
f, fNr
'01� VICWT M IE
1/4
LOCAl10N MAP
+a o rrN
T J
LINE TABLE
BEARING LENGTH
1 N00'09'S2`IN 510,12'
2 !71'20'45"E 24.30'
3 500`0952"E 73.07'
4 S89'50'08"N 4.00'
5 §00 09521 429.2'
6 S89'50'DB"W 19,00'
=� 26-t SO . FT , 1 yj
9 , 926t 5Q . r T .
BEhJ DANIEI EDAM. PL5 B75c
PREPA2 09/13/201$
19 y EXCEPTION - R/W PER
DEED REC. 2/26/2007
DOC. #2007-0130622
50 250 1 G.r1
SCALE: 1"-50'
SHEET
Page 12
=� 26-t SO . FT , 1 yj
9 , 926t 5Q . r T .
BEhJ DANIEI EDAM. PL5 B75c
PREPA2 09/13/201$
19 y EXCEPTION - R/W PER
DEED REC. 2/26/2007
DOC. #2007-0130622
50 250 1 G.r1
SCALE: 1"-50'
SHEET
Page 12
EXHIBIT "A„
LEGAL DESCRIPTION
PERMANENT SLOPE EASEMENT - DUNE PALMS BRIDGE
{APN 600-030-018 J DWGC1, LLQ
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Trustee's Deed upon Sale
recorded May 17, 2010 as Doc. it 2010-0225914 of Official Records of said County, more
particularly described as follows:
COMMENCING at the northwest corner of a Grant Deed, recorded February 26, 2007 as Doc. #
2007-0130622 of Official Records of said County, said point being located on the easterly right-
of-way line of Dune Palms Road per Deed recorded May 24, 1933 in Book 122, page 374 of
Official Records of said County, said easterly right-of-way line being located parallel with and
30.00 feet easterly, as measured at right angles, from the westerly line of the northeast quarter
of Section 29, Township 5 South, Range 7 East, flan Bernardino Meridian;
Thence along the northerly line of said Grant Deed North 89050'O8" East a distance of 19.00
feet to the northeast corner of said Grant Deed, said point being located on a line parallel with
and 49.00 feet easterly, as measured at right angles, from said westerly line of the northeast
quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Meridian;
Thence along said parallel line North 00°09'52" West a distance of 225.14 feet to the POINT OF
BEGINNING;
Thence leaving said parallel line North 02°44' 04" East a distance of 153.16 feet;
Thence North 12035'47" East a distance of 116.99 feet to the southerly line of the CVWD
Stormwater Channel right-of-way per Deed recorded March 6, 1962 in Book 3019, page 227 as
Instrument No. 20717 of Official Records of said County;
Thence along said southerly right-of-way line North 71"20'45" East a distance of 31.26 feet to a
line parallel with and 53.00 feet easterly, as measured at right angles, from said westerly line of
the northeast quarter of Section 29;
Page i of 2
Page 13
Thence along said parallel line South 00°09'52" East a distance of 73.07 feet;
Thence leaving said parallel line at right angles South 89050'08" West a distance of 4.00 feet to
a line parallel with and 49.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00'09'52" East a distance of 204.07 feet to the POINT OF
BEGINNING.
CONTAINING; 2,848 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on `EXHIBIT "13" — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction,
Be'njaKin Daniel Egan, PLS B756
Prepared September 13, 2018
Page 2 of 2
Page 14
I �
0 53'
1 C 0
30' 23
Q�� 7
� 4
UJ
Dw►
I cl 49'
J J ;P 30' 19'
c�
II
jf
Ww
Od 7 ►
�
\� [Li
O o_-
EXHIBIT "B" - PLAT
PUT TO ACCOMPANY LEGAL ocMWTION FOtt
A PERWAWWr SLOPE EASEIM
PMON OF SEC. 29. T65, VE Sw
APN 6O0-�030-018 / DWI, LLC
� r c /Ar
p9 2C 3/s���AD P. _ o
IN
PERMANENT "R 97,
SLOPE -
AS
EASEMENT
J 2,848t 5fl. FT.�r��$.
�0I zatio 1 t 71
DO �1 � lgrl t�-
,la
LI\E TAE�
BE�kIvG
LENGTH
I
N89'50'08-E
19.00'
2
NDO'09'52'W
225.14'
3
NO2°44'04'E
153.16
4
5
N12'35'47'E
N71'20'451
116.99'
31.26'
S
7
500°09S2E
589'S0'08'11
73.07'
4.00'
8
S00'09'S2'E
204.07'
U�
f
;�
1 P.o.a,
R W PER DEED REC. 5/24/19M
IN BODI( 122, PAGE 374 D.R.
I O
I2
4I�CIICN 29
�fHT,4
UNITY MAP
ruT Tn
� Aiw�ur • i r
__ �OCAl10N MAP
MGT To $CIL.E
49' A! N DANIEL PL5 $75
PREPARED 09/13/2018
P.O. C. 50 25 0 50 1vC,
A COR. CF DEED REC. ` 1
02/26/2007 AS DOC.# ) ► S^ALE: 1"=50'
2007-0130622, 0 R. + r} _ I r)�
! I I xCEPTION - R W PER EGAN CIVIL, INC.
DEED REC. 2/26/2007
DOE. 0007-0130622 Pp BQX r282. LA L[Ul TA, CA 92?48-5 `
in
rion1 Lni gnnn w.n,. ...
Page 15
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT - DUNE PALMS BRIDGE
(APN 600-030-018 / DWGCi, LLC)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Trustee's Deed Upon Sale
recorded May 17, 2010 as Doc. # 2010-0225914 of Official Records of said County, more
particularly described as follows:
COMMENCING at the northwest corner of a Grant Deed, recorded February 26, 2007 as Doc. #
2007-0130622 of Official Records of said County, said point being located on the easterly right-
of-way line of Dune Palms Road per Deed recorded May 24, 1933 in Book 122, page 374 of
Official Records of said County, said easterly right-of-way line being located parallel with and
30.00 feet easterly, as measured at right angles, from the westerly line of the northeast quarter
of Section 29, Township 5 South, Range 7 East, San Bernardino Meridian;
Thence along the northerly line of said Grant Deed North 89'50'08" East a distance of 19.00
feet to the northeast corner of said Grant Deed, said point being located on a line parallel with
and 49.00 feet easterly, as measured at right angles, from said westerly line of the northeast
quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Meridian;
Thence along said parallel line North 00009'52" West a distance of 225.14 feet to the POINT OF
BEGINNING;
Thence leaving said parallel line North 02'44' 04" East a distance of 153.16feet;
Thence North 12'35'47" East a distance of 116.99 feet to the southerly line of the CVW D
Stormwater Channel right-of-way per Deed recorded March 6,1962 in Book 3019, page 227 as
Instrument No. 20717 of Official Records of said County;
Thence along said southerly right-of-way line South 71920' 45" East a distance of 5,03 feet;
Thence leaving said Fight -of -way line South 12'35' 47" West a distance of 128.33 feet to a line
parallel with and 59.00 feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Meridian;
Page i of 2
Page 16
Thence along said parallel line South 00.09' 52" East a distance of 14018 feet,
Thence leaving said parallel line at right angles South 89050' 08" West a distance of 10.00 feet
to the POINT OF BEGINNING.
CONTAINING; 1,536 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted On 'EXHIBIT "B" — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
Ben4anDaniel Egan, PL5 8756
Prepared September 18, 2018
Page 2 of 2
Page 17
EXHIBIT "B" PLAT
Fur TO A=MPANY LEGAL DE935110N FOR
A IMPORART CONS1RUCTM EASEWD(r
P01MON of SM 29, TSS. VL SAY
Q 41 i�—S APN 600-030-018 / DWOCI, UL
VIi I P4 c c
EL I 4 TEMPQRARY
w, s CONSTRUCTl4
J —JJ
U is
wW
Q 7
Q � '
LIL C
Q �
EASEMENT �
1,535t SO, FT. 6i
o-a1$ vi
e�-
PPS 1a Q �s�
LINE TABLE
BEARING
LENGTH
1
N89'50 WE
19.00'
2
N00 N 52"W
225.14'
3
i 2'44'04 E
153-16
4
N12"35'47"E
116.99-
5
E
S71"2O'45"E
S12'35'47'ir
5.03'
128,33'
7
SOD'09'S2"E
140.28'
8
S89'5C'D8'11
10.00'
U L�
-i Z
8
ICU
I
P.O.B.
30'R/W PER DLLD REC. 5 24/1933
�
IO IN BOOK 122, PAGE 374 O.R.
2
jilt4
VKN MAP
Ir. �INT�i
IEmAF9 m
U l[ - 11
Is S LOGAli4N MAP TO SCAU
49' BB'0 N DMIEL EGAN - PL5 8�58
PREPARED 09/t8/2018
P.O. C. 50 25 0 50 100
NW COR. OF DEED REC. 1
02/26/2007 AS DOC.� ! I SCALE: 1"=50'
2007-0130622, D.R. I;�FET
30 119' EXCEPTION - R W PER E G A N CIVIL, IN C.
DEED REC. 2/26/2007
DOC, 2007-0130622 PO HUX EZU. LA LURIA. CA R224R-5282
_ (7S0)4if4 7RAR wwwFl;ANr.iuu rnu
Page 18
Exhibit "C'
LAM SASS *WwAnt
•w�wCw
AMUUls!eras laws. CDs Daa Ama;e inn ►r,ae
00C Fla. w prim hrV Udlnf CaMI"alt"
we r Parer
-Sc of w h,ml ",%fl nrry t' r %-op It, %W CIL %!=Iola Imted .&';v oj' 7q+[ ana
W'. 6-" U 93:53 ��pp 3" SSS Ca+, ^,erta
/C4C MV a
Hy ON SN. S _-
I110w' I I I sad)dR+aaa ""I 4^22,S ' :/ S:.:ooA" ML-rwo M.y 1 [, MMM MM FM � "W "gm
alda& G S::d, dS Zrts 31 /.:J/ S/ % +hallo rK i,gtr /LwM in ttfrUOIIC a arw noa maw
iSPV 3003 t. 422
CiS'Now
MIC •e[Mb" lop rstm I, LLC
CIANAM
XSAIL LUC
S. Mmul omps OMM pat I, IN
wM otter&& awry
, l :4, i :.:#
s 1 .»/AN CC_ mart
Hwy I I , NCad4a wan Seas rggr4 ON amw;
Claim" cwf. CA S:23a
/01700 ` », ] 1-
;1l.:: C4"Woa
wMw >Dels Ww[IIIIiW area awry rep�ww,gpat
del 104)43, Am 4aciomr
tar tlrrq. �gMr MrMI m aMpaa/ parr I"t e7r
Sam
SMIatlW ab[e YhMpel. ll.0
Land Gass Ill.
MW%on SrM at Got 3tr
' IlkW i ll / u
$3 A"A00 = Cw a
Mover MAIM 4 JMIMOUC saw add ow" a dw Ire
Ceaeleu& CA 1334
03ri3/3 :SS 'SJ
Sit So C*m wCa
�[Ida1y Nl'JOSM aYltl,
see Spamp 40Ny MW aeau
►vo K last Idle a poraw aeslvis ors 1:16 CA",
Ga[,00•
Craw, e! SOUL 1lerad•ar. tall addles; roes@& a Nowa a
COioW4 town Center LLC ftrlrrOl) mOwM at LrnxJ. LLC
ocx[ a /a rrI"all C4" I" W4 %is am been
a a onnW $ n CK-V K%
n< fee Sn
Ladd Sala Me. a
!•'ia' wlMalnt=rpn Ss,
• C _ _ -C'' i ;
so -I& SW CC. Ce ail
blIS M/OS rN 04 mWAMOF 1 arlAal p!rslataM n
NQu� fiSl-:J'
3J3{sf' Y -s-
f la 9' Can+war
0a[awArC MII�C7enarL d1•rlas^,lIC+Q
yp!�
CISAW
nfla N"M O. L1D
C+snate
Tar TkI M Cbrrlb[, s 6ldlMy meal
Load Saw On is
`]SOO pain SWAM DrNe
aaf[a Dawwt CA92211
, t.7S,• / I: id.10l.foo C, Cenanrtsl
�xJ.t[ cn[+n,erdan •once ioc eexeC &c aQK M QM
daa/ISO11.-0t$
att3/M :ii.N'
fren•►y /wVHaad tp iarlltrtta an &.RO 0ea,erars
EndrM/ Ar aM![MSEU ufat x me tM+e al sae
Laald daN Mo d
Am, am Dms atpaw L srn
Ma Low— - 13,42S)w M. COWN Ornww ea,s„•r artma slbC
Manold awa rV. eA i2:'o der aaa a^ a .. --, Sr,raysaa to cen,ruu
s,i 33 CCreaM+na -,*" u.e 91111CL-Melm t,fl W, teco dw C[&oen
wq, &•arlge aeraxraq one &Ceti +Vu'M to
[�arMer Sea .MW MCobOl Censr
UiC N&Naala
��e' 'teat alaMable
Page 19
Code of Civil Procedures Section 1263.51O
Loss of Goodwill
California law provides that under the circumstances detailed below, a business owner may be
compensated for a loss of goodwill. Section 1263,510 of California Code of Civil Procedure
states:
(a) The owner of a business conducted on the property taken, or on the remainder if such
property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves
all of the following:
The loss is caused by the taking of the property or the injury to the remainder;
2. The loss cannot reasonably be prevented by a relocation of the business or by
taking steps and adopting procedures that a reasonably prudent person would take and adopt
in preserving the goodwill;
3. Compensation for the loss will not be included in payments under Section 7262
of the Government Code; and
4. Compensation for the loss will not be duplicated in the compensation otherwise
awarded to the owner.
(b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a
business as a result of its location, reputation for dependability, skill or quality, and any other
circumstances resulting in probable retention of old or acquisition of new patronage.
Page 20