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KSL/Jefferson Widening 00Jefferson Street Widening Project KSL Land Holdings, Inc. APN: 769-230-019 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 769-230-019 ("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 Contract00.1,QProp.Jeff Wider)edica55 Jefferson Street Widening Project KSL Land Holdings, Inc. APN: 769-230-019 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 1, , 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.leff WideDedica55 Jefferson Street Widening Project KSL Land Holdings, Inc. APN: 769-230-019 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 By;. Z" a2.� 2V�L-t_c Thomas P. Genovese, City Manager Date: ,/, cl e o u o APPROVED AS TO FORM w'�l;t )X : City Attorney GRANTOR KSL LAND HOLDINGS, INC., a Delaware core ra '' n By: Name: Title: Date: Contract00.LQProp.Jeff WideDedica55 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 s use) GRANT OF EASEMENT Assessor's Parcel Number: 769-230-023,019[ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KSL LAND HOLDINGS, 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 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 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. M By: EXHIBIT Q) O N O CD O MOZ> nm mm o c-1 -4 cnaD -nz w ZO --i m -n 3• a) to Z6 m i M D � m p 1.a CD do to m cncn O �O m c-) M cn OI 0 60+00 JEFFERSON O (U N O• 40 UlEo O S Lo m m cn Ul cn 37 N O 3• oOf UT S �i -1r a� W VN�+ m T(13 Ul V(p• O m a . p, m0, A O' V I\ �-qNti co MAW a ar- rrnOt ..�� ti % cam' \O _ OUI� 00.V�; �p mC 0-4 rn n. C 0�02ti♦ 9Z50' -4m ; o —158.44 ' _ S 02.12'15•E 34.07' J- S 49.50'20 55.21' S 89.52'0i•W 61+00 STREET 52 D 4! C 14 o Z m 30' 55 I y i v a� to o.. Ul C �o N - Eo cnn !{ D f � ;— — — f LEGAL DESCRIPTION RIGHT-OF-WAY EXHIBIT "B" (APN 769-230-019): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 8 AND A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET AS SHOWN ON PARCEL MAP NO. 8961 ON FILE IN BOOK 44, PAGES 67 AND 68 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 02012'15" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 25.04 FEET TO A POINT ON THE NORTH LINE OF PARCEL 1 OF THAT RIGHT- OF-WAY DEDICATION RECORDED APRIL 7, 1999 AS INSTRUMENT NO. 147656 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL 1 THROUGH THE FOLLOWING THREE COURSES: (1) SOUTH 89052'01" WEST, A DISTANCE OF 55.21 FEET; (2) THENCE SOUTH 49050'20" EAST, A DISTANCE OF 34.07 FEET; (3) THENCE SOUTH 02-12'15" EAST, A DISTANCE OF 158.44 FEET TO A POINT OF CUSP WITH A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 171.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 87°47'45" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72046'26", AN ARC DISTANCE OF 217.19 FEET; THENCE TANGENT TO SAID CURVE NORTH 74058'41" WEST, A DISTANCE OF 55.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15009'18", AN ARC DISTANCE OF 76.97 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 8,- THENCE SOUTH 89052'01" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 155.05 FEET; 1 OF 2 (APN 769-230-01.9) (CONTINUED): THENCE NORTH 00007'59" WEST, A DISTANCE OF 22.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE NORTH 89052'01" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 433.07 FEET TO THE POINT OF BEGINNING. COMPRISING 18,429 SQUARE FEET, MORE OR LESS LAND arrr►+orn D. "!A990 Jl9� ra.5a76 a FOF C�L�% 2OF2 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 tnis line tor Recorde7s use) GRANT OF TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel Number: 769-230-023,019 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KSL LAND HOLDINGS, INC. 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 11999. BY: BY: EXHIBIT- 4 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Tem orary 15' Construction Easement APN 769-230-019 In the City of La Quinta, County of Riverside, State of California, that portion of the Northeast Quarter of the Northeast Quarter of Section 8, 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 Southerly of the North line parallel with and 30.00 feet Westerly of the centerline of Jefferson Street as shown on Parcel Map NO. 8961 on file in Book 44, Pages 67 and 68 of Parcel Maps, Records of Riverside County, California; thence South 02°12'15" East, along said parallel line, 25.04 feet to a point on the North line of Parcel 1 of that right-of-way dedication recorded April 7, 1999 as Instrument No. 147656 of official records of Riverside County, California; thence along the Northerly and Westerly lines of said Parcel 1 through the following three courses: (1) South 89°52'O1" West, 55.21 feet; (2) thence South 49°50'20" East, 34.07 feet; (3) thence South 02012'15" East, 158.44 feet to a point of cusp with a tangent curve, concave Southwesterly and having a radius of 171.00 feet, a radial line from said point bears South 87°47'45" West to said point being the true point of beginning; thence along said curve northerly northwesterly 217.19 feet through a central angle of 7204626"; thence tangent from said curve North 74°58'41" West 55.08 feet to the beginning of a tangent curve concave southerly and having a radius of 291.00 feet; thence along said curve westeriv 76.97 feet through a central angle of 15°09'18'; 94" LJ W Q Z Ln ,�n S 00+29 00+19 3 ,10 ,2S .68 N T.P. 0. S. 99 �T7 M 02,09.64 N LO '4E M.SI ,2i .ZO N 44 '8S1 — 6�S �2 Cl) ` m \I LD Cu 2� p y\one s Q 0 ~ 0' py m (U ^ E 00 / Wc Ovi L)= _� D U O O L� W (U v ❑ Z W I . w 0\ Ln CD Z(u a r` Cl- � u <Z❑Q Qa_X J_T).01 XfO.00N AUGUST 2, 1999 SCALE 1"=60' 00+09 w I 0 0 o m No10 7.32 w 1087.32 w w o- 0 in w o 0 . ON _ m Cw LLJ � vl N0Z NN ? �O Z C ❑ `hod NN N� N z ❑ Ln N 0 N a_ L Cu m it \ Q N LJ W O ❑ rY U U �Q\\~00 O J L11y o u v I N ® O I O I O O N m I .Y / O 07 S�,tp4 LAND SG N o VN�ES�p9F w ¢ No.47 U j a � * xP. e s OF CA a Q 0 a. SHEET 3 OF 3 SHEET / 0 o LO a Robert Bein.WiUiam Frost k Associates PROFTMIDM ENGINEERS. PLANNERS a a VEl 9w / flm ll4 fY (IMI 17i- . FIELD BOOK JOB NO. 301477 Jefferson Street Widening Project KSL Land Holdings, Inc. APN: 769-280-027 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 769-280-027 ("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 1--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 Widenedica44 Jefferson Street Widening Project KSL Land Holdings, Inc. APN: 769-280-027 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 1-?p, 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 WideDedica44 Jefferson Street Widening Project KSL Land Holdings, Inc. APN: 769-280-027 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 i By�' -r-r- Thomas P. Genovese, City Manager Date: / f/-2 v v o APPROVED AS TO FORM City Attorney GRANTOR KSL LAND HOLDINGS, INC., a Delaware comoration By. Name: Title: Date: Contract00_LQProp.Jetf WideDedica44 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 GRANT OF EASEMENT Assessor's Parcel Number: 769-280-027[ ] All [X] Portion s line for Recorder's use) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KSL LAND HOLDINGS, 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 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 2000. By: an EXHIBIT A LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-280-027): EXHIBIT "B" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00011'49" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 2587.26 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 4; THENCE NORTH 89045'38" EAST ALONG SAID NORTH LINE, 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 SOUTHWEST QUARTER; THENCE SOUTH 00011'49" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 2380.45 FEET; THENCE SOUTH 04040'08" EAST. A DISTANCE OF 19.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 171.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73034'33", AN ARC DISTANCE OF 219.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 78014'41" EAST, A DISTANCE OF 24.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 058'35", AN ARC DISTANCE OF 60.83 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4; THENCE NORTH 89046'44" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 259.27 FEET; THENCE SOUTH 00013'16" EAST, A DISTANCE OF 22.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4; 1 OF 2 f7V (APN 769-280-027) (CONTINUED): THENCE SOUTH 89046'44" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 509.99 FEET TO THE POINT OF BEGINNING. COMPRISING 95,967 SQUARE FEET, MORE OR LESS. LAND lim 9 N0.5476 oF C A0_ 2OF2 m SW COR SEC. 4 30.00' 4 — N 89 45'38 E EXHIBIT 0' SO' 160' 240' 320' SCALE 1"=80' o I 1 € rn c� I r � I I W w - + Q wCc I 1 10* N o 0 30, cn 6 1 1 Z 0 o 11 i I O Lo U) I Q 1 f PR. 15' u- cu ESMT. LL. w a o C/L 10' USA a OR 90/287667 rn v 4' TO CVWD ., .+ 1 OR 93/110270 o o f z o � I S 04040'08"E 19.50' 30 0 Q LAND Jl9� N0. �sa76 OF C 769-280-027 PTR 2116153 XOCHIMILCO CVu1o�r /X 1° 58' 35" R=291.00' L=60.63' T=30.52' Lo AREA OF PROPOSED R/W = 95,967 S.F. A PORTION OF THE SW 1/4 OF SEC. 4, T.6 S., R.7 E., S.B.M. C/L 16' IID OR 66/286826 S 00013' i6"E 22.00' N 89046'44"E 259.27' , 7 P.O.B. R/W EXH. XOCHIMILCO 769-280-027 - 1625LO,2301PF: 1221 8945 02-Jul-99 09:16 AM / 1221-1 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 (Space above this line for Recorder's use) GRANT OF TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel Number: 769-280-023,027 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KSL LAND HOLDINGS, INC. 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 2000. IYA BY: EXHIBIT B Robert Bein, William Frost and Associates 74-410 Highway I II Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-280-027 In the City of La Quinta, County of Riverside, State of California, that portion of the Southwest 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 Northerly of the South line of said Southwest Quarter and a line with and 30.00 feet Easterly of the West line of said Southwest quarter; thence North 00 ° 1149" West along last said parallel line, 2587.26 feet to a point on the North line os said Southwest quarter of Section 4; thence North 89°45'38" East along said North line 30.00 feet to a point on a line parallel with and 60.00 feet Easterly of said West line of the Southwest quarters, said point being the true point of beginning; thence South 89°56'47" East, 15.00 feet; thence South 00'11'49" East, 2379.80 feet; thence South 04°40'08" East, 18.91 feet to the beginning of a tangent curve concave northeasterly and having a radius of 156.00 feet; thence along said curve southeasterly 200.33 feet through a central angle of 73034'33'; thence tangent from said curve South 78°14'41" East, 24.26 feet to a point on a non -tangent curve concave northerly and having a radius of 276.00 feet, a radial line of said curve from said point bears North 11°45'18" East; thence along said curve easterly 57.69 feet through a central angle of 11°58'34' thence tangent from said curve North 89°46'44" East, 274.27 feet; Legal Description August 3, 1999 Temporary 15' Construction Easement JN 20-301477 APN 769-280-027 Page 2 of 3 thence South 00°13'16" East, 37.00 feet; thence South 89046'44" West, 15.00 feet; thence North 00°13'16" West, 22.00 feet; thence South 8904644" West, 259.27 feet to the beginning of a tangent curve concave northerly and having a radius of 291.00 feet; thence along said curve westerly 60.83 feet through a central angle of 11°5813511; thence tangent from said curve North 78°14'41" West 24.26 feet to the beginning of a tangent curve concave northeasterly and having a radius of 171.00 feet; thence along said curve northwesterly 219.59 feet through a central angle of 73°34'33"; thence tangent from said curve North 04°40'08" West 19.50 feet; thence North 00011'49" West 2380.45 feet to the true point of beginning. Containing 44,838 square feet, more or less. H:\GRP70\PDATA\30 t47T,OFFICE\WPWIN\Legals\769-280-027.wpd 30. 00' N89'45'38'E LS j EXHIBIT "B" I N0. LINE, SW 1/4,SEC.4 T.P.O.B. AREA OF PROPOSED A P❑RTI❑N OF THE 60' TCE=44, 838 S. F. SW 1 /4 OF SEC. 4, A. P. N. 769-280-027 T. 6 S, , R, 7 E. C PTR 2116153 S. B. M, 0 N (7 0 cu N O 00 I I o .n w J Q U V) o m 60, 0 3 SW C❑R. SEC. 4 AUGUST 2, 1999 0 0 m I 30' 0 Z + ry L,J ID N 1, m W Ln N O a + 3 v 0 0 z 0 0 30, X❑CHIMILC❑ ------------------------------------- ARC TABLE NO. ------------------------------------- DELTA RADIUS LENGTH Cl 11058'34" 276.00' 57,69' C2 73°34'33" 156,00' 200.33' C3 73'34'33" 171.00' 219.59' C4 11058'34" 291.00' 60.83' --------------------------- COURSE TABLE NO. --------------------------- BEARING DISTANCE L1 N00013'16'W 15.00' L2 S78014'41"E 24.26' L3 S04040'08"E 18.91' L4 S00°11'49"E 2379.80' L5 S89'56'47"E 15.00' L6 S00011'49"E 2380.45' L7 N04040'08"W 19.50' LB N78'14'41"W 74.96' i�- --15 ' �— C/L 10' USA OR 90/287667 4' TO CVWD OR 93/110270 0 M rn m N O 00 CD N O I O 00 N I rn t\ SHEET 3 OF 3 SHEET cmK B`kobes2 `Bein,Wiimam`Fmst (a - ssociaws c PR74-410 l" I11. 1" PL�W4iS k 41RVE`lORS Z �o-s,o mover m. l . (M rx .MJ5 sum 3 (MO) ]M-lMt � FM ()OOI SM.6I15 [' 1 Q / C/L 16' IID OR 86/286826 ° o '" ❑ r7 �2 Cl �_ N8846'44"E bN g C4 509. 99' 0 S 89' 46' 44' W P. ❑. C. 52ND SCALE FIELD BOOK 1"=80' _ a a a N 6946' 44' E O c 7 O IL O NUE / JOB N0. 301477