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Landaq/Jefferson Widening 00Jefferson Street Widening Project Landaq,Inc. APN: 769-270-008 Page 1 of 3 DEDICATION OF REAL PROPERTY AGREEMENT THIS AGREEMENT is made by and between the City of La Quinta (hereinafter called City) and the undersigned property owner (hereinafter called Grantor) for the City's acquisition of an easement for roadway purposes and a temporary construction easement, all as described in Exhibits A and B attached hereto, in, on, over and across a portion of that certain real property designated as Riverside County Assessor's Parcel Number 769-270-008 ("the "Property"). Grantor hereby grants to City the Easements more specifically set forth in Exhibits A and B attached hereto for the consideration and upon the terms and conditions stated as follows: Grantor understands that Grantor has the right to require the City to have the Property appraised and to receive just compensation for the easements based on an approved independent appraisal. However, as an inducement to City to undertake its public roadway improvement project more particularly described as Jefferson Street Improvements, Phase I --Avenue 54 to Hwy 111, Project 99-05 (the "Project"), Grantor waives all rights to just compensation, damages to improvements pertaining to the realty, severance damages, compensation for fixtures and improvements, relocation benefits, litigation expenses, interest, and any cost or damage attributable to the City's construction and operation of the easement granted hereunder for public right of way purposes, and agrees to dedicate the required easements for the Project. As consideration for Grantor's dedication of the required easements to the City, City on behalf of itself and as the "Lead Agency" on the Project agrees to construct the roadway improvements on Jefferson Street according to the City approved engineering plans and hereby waives the right to recover any and all costs, expenses and charges incurred for the improvements constructed by City or on behalf of City, for the Project. This waiver includes, without limitation, an agreement by the City of La Quinta, not to charge Grantor or impose against Grantor, the Property or any adjacent property owned by Grantor or any subsequent owner of the Property or any adjacent property owned by Grantor, as a condition of any further development on the Property and the adjacent real property owned by Grantor or any subsequent owner thereof (in the forms of conditions of approval for any such future development, an assessment district or districts, or otherwise), any of such costs, expenses and charges (including without limitation construction, engineering and design) incurred by the City or on behalf of the City for the Project in constructing such improvements. However, this waiver does not excuse Grantor or its successors -in -interest from paying any otherwise applicable citywide development and processing fees, including, but not limited to, all development impact fees. Grantor also grants to City, the right to enter upon those portions of Grantor's remaining real property as depicted on Exhibits "A" and `B", as is reasonably necessary to construct the planned road improvements, construct and reconstruct driveways, if Contract00.LQPropJeff WideDedica77 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-008 Page 2 of 3 necessary, deposit tools or other construction implements, remove and replace boundary fences, if any and reconstruct or relocate any improvements affected by the planned roadway improvements all at City's expense. City shall indemnify and hold Grantor harmless for any costs, damages or claims arising directly or indirectly from such right of entry and will leave the Property free of debris and in a , condition reasonably equal to its condition prior to City's access on the Property or start of construction, whichever shall first occur, taking into account the construction of the public right of way, including without limitation, grading and compaction in compliance with City requirements. City shall leave the Property free of any Hazardous Substances placed on or under the Property as a direct result of the City's construction of the Project. For purposes of this Agreement, "Hazardous Substances" shall mean substances defined as (I) "hazardous substances" in (A) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.) together with the regulations enacted pursuant to such act; and (B) Section 25316 of the California Health and Safety Code together with the regulations enacted pursuant to such Statute, and (11) "hazardous wastes" in (A) the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et. seq.) together with the regulations enacted pursuant to such Act; and (B) Section 25117 of the California Health and Safety Code together with the regulations enacted pursuant to such Statute. Grantor hereby agrees and consents to the rescission of any resolution of necessity relating to the Property covered by the easements, and dismissal of any eminent domain action which may have been filed by the City, and waives any and all claim to money that may be deposited in the Superior Court in such action, any claim for any compensation, for the City's acquisition of the Property, and any claim to any other damages, litigation expense, attorneys' or appraiser's fees, or any other payments. This agreement is the entire agreement relating to the dedication of the Property between the parties and all prior negotiations, representations and agreements are incorporated and merged into this Agreement, except for the Agreement for Replacement of Public Improvements, dated January 6 2000 between KSL Land Holdings, Inc. and the City of La Quinta. The terms and conditions stated herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Contract00.LQProp.Jeff WideDedica77 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-008 Page 3 of 3 The form of the grants shall be as set forth in Exhibits A and B, which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY CITY OF LA QUINTA, a Municipal corporation 9 C By; Thomas P. Genovese, City Mana er Date: �ot a o 0 APPROVED AS TO FORM City Attorney GRANTOR LANDAQ, INC., a Delaware corporation By: Name: i•y ` �_; r Title: Date: ilJvir. Comract00.LQProp.leff WideDedica77 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of LaQuinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 use) GRANT OF EASEMENT Assessor's Parcel Number: 769-270-008 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC. HEREBY GRANTS TO THE CITY OF LA QUINTA, A CHARTER CITY a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes incident to use of property for a puclib right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, on, over, through, and upon the real property in the City of La Quinta, County of Riverside, State of California as shown on Exhibit "A", and described on Exhibit "B" which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of this day of , 1999. in in EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-008): Revised January 17, 2000 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER AND THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4; THENCE NORTH 00002" 1" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 986.84 FEET; THENCE NORTH 89045'38" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00002" 1" EASTALONG LAST SAID PARALLEL LINE, A DISTANCE OF 986.84 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 89045'38" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. COMPRISING 29,605 SQUARE FEET, MORE OR LESS. 1 of 1 .fir: C/L NW CDR. SEC. 4 I O I�D cu Ib v X. 8 m o W + W E: U u w w (VENUE E X HB T 55 B 95 A P❑RTI❑N OF THE A. P N, 769-270-003 NW 1 /4 OF SEC. 4, T, 6 S, R, 7 E, , S, B. M. N 1 89° 45' 38' E co 3 co co O ,> g 30' ,:'• - .Y• �.. 60' P. ❑, B. 3 F59-E N 89° 4 AREA OF PROPOSED R/W = 29, 605 S, F A, P, N, 769-270-008 PTR 2098463 HANSCH ET AL OF CA\ - SO. LINE,N/W 1/4, SEC.4 A, P, N, 769-280-027 SHEET i OF 1 SHEET 9ibWcBdn,`W =GRms 0 c ssodow )HIO (700)Y 111• , 1 AX fM W.001 I.t 9lllAtl I]SS) ]M-]M1 . F.1X (MI) ]M.d13 I AUGUST 2, 1999 I SCALE I EASEMENT REVISION I JUB NU, I 1"=40' 0I-13-2000 301477 EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 pace above this line or ecor er s use) GRANT OF TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel Number: 769-270-008 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC., A DELAWARE CORPORATION HEREBY GRANTS TO THE CITY OF LA QUINTA, A CHARTER CITY An Easement for Temporary Construction purposes, in, over and across the real property in the City of La Quinta, the scope and terms of which are as follows: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached as Exhibit "A" and Exhibit "B", as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner and shall continue in full force and effect for twelve (12) months after notice, which notice shall be given no later than January 1, 2001. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement of the work. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement to be executed as of this day of , 1999. BY: BY: Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 Revised January 17, 2000 August 3, 1999 JN 20-301477 Page 1 of 1 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-270-008 In the City of La Quinta, County of Riverside, State of California, that portion of the Northwest quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of said Northwest Quarter and the South line of said Northwest quarter of Section 4; Thence North 89°45'38" East along said South line, 30.00 feet to the TRUE POINT OF BEGINNING; thence North 00'02'11" West, 986.84 feet; thence North 89°45'38" East, 15.00 feet; thence South 00°02'10" East, 986.84 feet to the South line of said northwest quarter of Section 4; thence North 89°56'47" West, 15.00 feet to the true point of beginning. Containing 14,803 square feet, more or less. E. No. 47 ExP o o� C H:\GRP70\PDATA\301477\OFFI CE\W P W IN\Legals\769-f70-008.wpd C/L 50TH NW CDR. AVENUE EXHIBIT 77 B" SEC. 4 A P❑RTI❑N OF THE A. P N, 769-270-003 NW 1 /4 OF SEC, 4, T, 6 S. R 7 E„ S, B. M, N89045'38"E N 89° 45' 38" E 15.00' 30, 00' ®AREA OF PROPOSED TCE = 14, 803 S. F. o � o co o co m LcJ a LLJ O (� A. P, N. 769-270-008 o PTR 2098463 o z a HANSCH ET AL v- o z N co LLJ O O Q o v� W o z LL- W LANp o E. \ONP� GPM \. D 1 60' 30' a No.4725 y 7 30 0 * Exp U � F OF CAS\F w w 60' co O r T. P, 11. B, SO. LINEN/W 1/4, 0 SEC.4 00 00 N 30, 00 9° 45' 38" 15.00' A, P, N, 769-280-027 P. ❑ C. 89 ° 56 ' 47"W SHEET 3 OF 3 SHEET 9tbct9%in `WWam°Fmet0 .oes "MV 10 NIW1Y \11. PMlI Q31flfILIFLM1I. 9fldl (m0) ]b->b1 P.1Y (nYl) Sb.6115 AUGUST 2, 1999 SCALE 1"=40' EASEMENT REVISION 01-13-2000 JOB NO. 301477 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-003 Page 1 of 3 DEDICATION OF REAL PROPERTY AGREEMENT THIS AGREEMENT is made by and between the City of La Quinta (hereinafter called City) and the undersigned property owner (hereinafter called Grantor) for the City's acquisition of an easement for roadway purposes and a temporary construction easement, all as described in Exhibits A and B attached hereto, in, on, over and across a portion of that certain real property designated as Riverside County Assessor's Parcel Number 769-270-003 ("the "Property"). Grantor hereby grants to City the Easements more specifically set forth in Exhibits A and B attached hereto for the consideration and upon the terms and conditions stated as follows: Grantor understands that Grantor has the right to require the City to have the Property appraised and to receive just compensation for the easements based on an approved independent appraisal. However, as an inducement to City to undertake its public roadway improvement project more particularly described as Jefferson Street Improvements, Phase I --Avenue 54 to Hwy 111, Project 99-05 (the "Project"), Grantor waives all rights to just compensation, damages to improvements pertaining to the realty, severance damages, compensation for fixtures and improvements, relocation benefits, litigation expenses, interest, and any cost or damage attributable to the City's construction and operation of the easement granted hereunder for public right of way purposes, and agrees to dedicate the required easements for the Project. As consideration for Grantor's dedication of the required easements to the City, City on behalf of itself and as the "Lead Agency" on the Project agrees to construct the roadway improvements on Jefferson Street according to the City approved engineering plans and hereby waives the right to recover any and all costs, expenses and charges incurred for the improvements constructed by City or on behalf of City, for the Project. This waiver includes, without limitation, an agreement by the City of La Quinta, not to charge Grantor or impose against Grantor, the Property or any adjacent property owned by Grantor or any subsequent owner of the Property or any adjacent property owned by Grantor, as a condition of any further development on the Property and the adjacent real property owned by Grantor or any subsequent owner thereof (in the forms of conditions of approval for any such future development, an assessment district or districts, or otherwise), any of such costs, expenses and charges (including without limitation construction, engineering and design) incurred by the City or on behalf of the City for the Project in constructing such improvements. However, this waiver does not excuse Grantor or its successors -in -interest from paying any otherwise applicable citywide development and processing fees, including, but not limited to, all development impact fees. Grantor also grants to City, the right to enter upon those portions of Grantor's remaining real property as depicted on Exhibits "A" and `B", as is reasonably necessary to construct the planned road improvements, construct and reconstruct driveways, if Contract00.LQPropJeff WideDedica66 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-003 Page 2 of 3 necessary, deposit tools or other construction implements, remove and replace boundary fences, if any and reconstruct or relocate any improvements affected by the planned roadway improvements all at City's expense. City shall indemnify and hold Grantor harmless for any costs, damages or claims arising directly or indirectly from such right of entry and will leave the Property free of debris and in a condition reasonably equal to its condition prior to City's access on the Property or start of construction, whichever shall first occur, taking into account the construction of the public right of way, including without limitation, grading and compaction in compliance with City requirements. City shall leave the Property free of any Hazardous Substances placed on or under the Property as a direct result of the City's construction of the Project. For purposes of this Agreement, "Hazardous Substances" shall mean substances defined as (I) "hazardous substances" in (A) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.) together with the regulations enacted pursuant to such act; and (B) Section 25316 of the California Health and Safety Code together with the regulations enacted pursuant to such Statute, and (II) "hazardous wastes" in (A) the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et. seq.) together with the regulations enacted pursuant to such Act; and (B) Section 25117 of the California Health and Safety Code together with the regulations enacted pursuant to such Statute. Grantor hereby agrees and consents to the rescission of any resolution of necessity relating to the Property covered by the easements, and dismissal of any eminent domain action which may have been filed by the City, and waives any and all claim to money that may be deposited in the Superior Court in such action, any claim for any compensation, for the City's acquisition of the Property, and any claim to any other damages, litigation expense, attorneys' or appraiser's fees, or any other payments. This agreement is the entire agreement relating to the dedication of the Property between the parties and all prior negotiations, representations and agreements are incorporated and merged into this Agreement, except for the Agreement for Replacement of Public Improvements, dated January L3, 2000 between KSL Land Holdings, Inc. and the City of La Quinta. The terms and conditions stated herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Contract00.LQProp.Jeff WideDedica66 Jefferson Street Widening Project Landaq,Inc. APN: 769-270-003 Page 3 of 3 The form of the grants shall be as set forth in Exhibits A and B, which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY CITY OF LA QUINTA, a Municipal corporation r o.f By:, Thomas P. Genovese, City Manager Date: i/ f/d 000 APPROVED AS TO FORM City Attorney GRANTOR LANDAQ, INC., a Delaware corl By: Nan Tith Date: Contract00.LQProp.Jeff WideDedica66 EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code 6 11922 GRANT OF EASEMENT Assessor's Parcel Number: 769-270-003 [ ] All [X] Portion 9 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC., A DELAWARE CORPORATION HEREBY GRANTS TO THE CITY OF LA QUINTA, A CHARTER CITY use) a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, on, over, through, and upon the real property in the City of La Quinta, County of Riverside, State of California as shown on Exhibit "A", and described on Exhibit "B" which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of this day of , 1999. By: By: JAN-17-00 06:05PM FROM-ROBERT BEIN WILLIAM FROST +7603468315 T-454 P.02/09 F-121 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-003): Revised January 17, 2000 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE WEST 660.00 FEET OF THE NORTH 660.00 FEET OF THE SOUTH 1,646.84 FEET OF THE NORTH HALF OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OFA LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTH LINE OF SAID SOUTH 1,646.84 FEET OF THE NORTH HALF OF SECTION 4; THENCE NORTH 89°45'38" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00*02'11" EASTALONG LAST SAID PARALLEL LINE, A DISTANCE OF 660.00 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTH 660.00 FEET OF THE SOUTH 1,646.84 FEET OF SAID NORTH HALF OF SECTION 4; THENCE SOUTH 89045'38" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE NORTH 00002'11" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING. COMPRISING 19,800 SQUARE FEET, MORE OR LESS. 1 of 1 JAN-17-00 06:05PM FROM-ROBERT BEIN WILLIAM FROST C/L 50TH I AVENUE +7603468315 T-454 P.03/09 F-121 EXHIBIT 59 NW COR, 0' 60' 120, Leo' 240' SEC, 4 N a9•aS' 30. 00, 3eSCALE 1' =60' A P N.769-270-002 --"'i- NO.LINE Of' SLY 1646.64' OF N1/2,SEC.4 A PORTION OF THE ;- SOUTH 1, 646. 84' OF N 112 OF SEC. 4, T 6 S. R. 7 E. , S. B. M. -•' AREA OF PROPOSED II '"' ''' R/W - 19, 800 S. F. 20, ,,•». ,....•, . / �1P� LAND E. W \• ,, J v �� �� ••ti..'1. IL Exp. OF C z Z •\ �: ``-p A, P. N. 76-270-CO3 � :-:'; •..,,,\�. PTR 2098462 L�j $ BREOKr:IELD ;.. 030 I 60' 15' PR. ESM'T..(�, 6O, L S0. LINE OF THE NO.660-OP THE SO. 1646.84' OF N1/2 OF SEC.4 Ji SHEET i OF 1 SHEET T :.. ; `�ben `BeLn,`Wlwam` 3ust (a`Associates - ... _ ♦♦ %�.` MWES:IONAL EMINEERS, FLWCRS !-aMCyoRS ]r.10 nlOwe! IH, PALr OLL4711i, C0.[FprylA Y7Z00 V N E • 4tj' 36- i so, co 769-270-008 AUGUST 2, 1999 SCALE EASEMENT REVISED JL76 NE. 1"=60' OI-13-2000 301477 EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R$T Code § 11922 pace above this line for Recordees use) GRANT OF TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel Number: 769-270-003 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC., A DELAWARE CORPORATION HEREBY GRANTS TO THE CITY OF LA QUINTA, A CHARTER CITY An Easement for Temporary Construction purposes, in, over and across the real property in the City of La Quinta, the scope and terms of which are as follows: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached as Exhibit "A" and Exhibit "B", as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation, grading; earth fill, compaction; installation of concrete forms, landscaping; irrigation; utility, and sign relocation, accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner and shall continue in full force and effect for twelve (12) months after notice, which notice shall be given no later than January 1, 2001- Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement of the work. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement to be executed as of this daV of , 1999. BY: BY. JAN-17-00 06:06PM FROM-ROBERT BEIN WILLIAM FROST +7603468315 T-454 P.04/09 F-121 m Robert Lein, William Frost and ,associates 74-410 Highway 111 Palm Desert, CA 92260 Revised January 17, 2000 August 9, 1999 .1N 20-301477 Page 1 of 1 EXHIBIT "A" Legal Description _Temporary 15' Construction Easement APN 769-270-003 In the City of La Quinta, County of Riverside, State of California, those portions of the West 660.00 feet of the North 660.00 feet of the South 1,646.84 feet of the North half of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: 4 Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of the Northwest quarter of said Section 4 and the North line of said South 1,646.84 feet of the North half of Section 4; thence South OW02'11" East along last said parallel line, 660.00 feet to a point on the Southerly line of the North 660.00 feet of the South 1,646.34 feet of said North half of Section 4; thence North 89°45'38" East along said Southerly line, 30.00 feet to the TRUE POINT OF BEGINNING; thence North 00'02'11" West, 660.00 feet to the said North line of the South 1,646.84 feet of the North half of Section 4; thence North 89°45'38" East, 15.00 feet; thence South 00°02'11" East, 660.00 feet to the southerly line of the north 660.00 feet of the south 1646.84 feet of the north half of section 4; thence South 89045'38" West, 15.00 feet to the point of beginning. Containing 9,900 square feet, more or less. HAG RP70\P0ATA\301477\OFFI CE\wpwl N\Lcga1s\769-270-003.wpd JAN-17-00 06:06PM FROM-ROBERT BEIN WILLIAM FROST C/L 9 50TH I AVENUE +7603468315 T-454 P.05/09 F-121 EXHIBIT "B" NW COR, 0' 60' 120, 180, 240' SEC. 4 , E­4 �N 30. OB,E N 99'45'38'E SCALE 1 =60' 15. 00 A. P. N. 769-270-002 I 60 m N NO.LfNE OF S'LY 1646.84' OF 1-41/2,SEC.4 A PORTION OF THE W 660' OF N 660' OF SOUTH 1, 646, 84' OF N 1 /2 OF SEC, 4, T, 6 S. R. 7 E. , S. A. P. N. 769-270-003 PTR 2C98462 - BROOKF I ELD 12�AREA OF PROPOSED TCE = 9, 900 S.F. w al! ml m ;h NP4 LAA/0 s� o or A a No.4725 A z * Exp, 9 O i 0,. r A, , SO. LINE OF THE NO.650'OF THE �� •l K . 1646,84' OF N1/2 OF SEC.4 " SHEET 3 OF 3 SHEET r T_ `Itbm Be lWdham%oa is c/`0lssociates �� PROFUSSto� J?AJNMRS. PLA*CRS L SURVEYORS Pu CEsOIf. CALIFO t,. I=W N ' 45' 38' E 15.00' j 30.00 NB9'45'28"E 769-270-008 AUGUST 2, 1999 SCALE EASEMENT REVISED JOB N0. 1 "=60' 01-13-2000 1 301477 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-002 Page 1 of 3 DEDICATION OF REAL PROPERTY AGREEMENT THIS AGREEMENT is made by and between the City of La Quinta (hereinafter called City) and the undersigned property owner (hereinafter called Grantor) for the City's acquisition of an easement for roadway purposes and a temporary construction easement, all as described in Exhibits A and B attached hereto, in, on, over and across a portion of that certain real property designated as Riverside County Assessor's Parcel Number 769-270-002 ("the "Property"). Grantor hereby grants to City the Easements more specifically set forth in Exhibits A and B attached hereto for the consideration and upon the terms and conditions stated as follows: Grantor understands that Grantor has the right to require the City to have the Property appraised and to receive just compensation for the easements based on an approved independent appraisal. However, as an inducement to City to undertake its public roadway improvement project more particularly described as Jefferson Street Improvements, Phase I --Avenue 54 to Hwy 111, Project 99-05 (the "Project"), Grantor waives all rights to just compensation, damages to improvements pertaining to the realty, severance damages, compensation for fixtures and improvements, relocation benefits, litigation expenses, interest, and any cost or damage attributable to the City's construction and operation of the easement granted hereunder for public right of way purposes, and agrees to dedicate the required easements for the Project. As consideration for Grantor's dedication of the required easements to the City, City on behalf of itself and as the "Lead Agency" on the Project agrees to construct the roadway improvements on Jefferson Street according to the City approved engineering plans and hereby waives the right to recover any and all costs, expenses and charges incurred for the improvements constructed by City or on behalf of City, for the Project. This waiver includes, without limitation, an agreement by the City of La Quinta, not to charge Grantor or impose against Grantor, the Property or any adjacent property owned by Grantor or any subsequent owner of the Property or any adjacent property owned by Grantor, as a condition of any further development on the Property and the adjacent real property owned by Grantor or any subsequent owner thereof (in the forms of conditions of approval for any such future development, an assessment district or districts, or otherwise), any of such costs, expenses and charges (including without limitation construction, engineering and design) incurred by the City or on behalf of the City for the Project in constructing such improvements. However, this waiver does not excuse Grantor or its successors -in -interest from paying any otherwise applicable citywide development and processing fees, including, but not limited to, all development impact fees. Grantor also grants to City, the right to enter upon those portions of Grantor's remaining real property as depicted on Exhibits "A" and `B", as is reasonably necessary to construct the planned road improvements, construct and reconstruct driveways, if Contract00.LQProp.Jeff WideDedica8 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-002 Page 2 of 3 necessary, deposit tools or other construction implements, remove and replace boundary fences, if any and reconstruct or relocate any improvements affected by the planned roadway improvements all at City's expense. City shall indemnify and hold Grantor harmless for any costs, damages or claims arising directly or indirectly from such right of entry and will leave the Property free of debris and in a condition reasonably equal to its condition prior to City's access on the Property or start of construction, whichever shall first occur, taking into account the construction of the public right of way, including without limitation, grading and compaction in compliance with City requirements. City shall leave the Property free of any Hazardous Substances placed on or under the Property as a direct result of the City's construction of the Project. For purposes of this Agreement, "Hazardous Substances" shall mean substances defined as (I) "hazardous substances" in (A) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.) together with the regulations enacted pursuant to such act; and (B) Section 25316 of the California Health and Safety Code together with the regulations enacted pursuant to such Statute, and (II) "hazardous wastes" in (A) the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et. seq.) together with the regulations enacted pursuant to such Act; and (B) Section 25117 of the California Health and Safety Code together with the regulations enacted pursuant to such Statute. Grantor hereby agrees and consents to the rescission of any resolution of necessity relating to the Property covered by the easements, and dismissal of any eminent domain action which may have been filed by the City, and waives any and all claim to money that may be deposited in the Superior Court in such action, any claim for any compensation, for the City's acquisition of the Property, and any claim to any other damages, litigation expense, attorneys' or appraiser's fees, or any other payments. This agreement is the entire agreement relating to the dedication of the Property between the parties and all prior negotiations, representations and agreements are incorporated and merged into this Agreement, except for the Agreement for Replacement of Public Improvements, dated January 6, 2000 between KSL Land Holdings, Inc. and the City of La Quinta. The terms and conditions stated herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Contract00.LQProp.Jeff WideDedica8 Jefferson Street Widening Project Landaq, Inc. APN: 769-270-002 Page 3 of 3 The form of the grants shall be as set forth in Exhibits A and B, which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY CITY OF LA QUINTA, a Municipal corporation l ;'' By: Thomas P. Genovese, City Manager Date: /4/11)000 APPROVED AS TO FORM 7 Ah J: ram .. ( r 1' City Attorney LANDAQ, INC., a Delaware corporation Name: Title: T Date: Contract00.LQProp.Jeff WideDedica8 EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk Exempt from Recording Fee Pursuant to Government Code Section 6103 Exempt from Documentary Transfer Tax Pursuant to R&T Code 6 11922 use) Assessor's Parcel Number: 769-270-002 [ ] All [X] Portion GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC. A DELAWARE CORPORATION HEREBY GRANTS TO THE CITY OF LA QUINTA, A CHARTER CITY a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, on, over, through, and upon the real property in the City of La Quinta, County of Riverside, State of California as shown on Exhibit "A", and described on Exhibit "B" which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of this day of , 1999. 0 la 50TH AVENUE EXHIBIT NW COR. SEC. 4 S 89'53'580E 769-270-001 30.64' I a m v a- mm )) A 1) VAR ES Qb AREA OF PROPOSED R/W s 9, 624 S.F. 0 m; 0 o " A PORTION OF THE NW 1/4 OF SEC, 40 T.6 S., R.7 E., S.B.M. W W Q H cn x w o 769-270-002CD " PTR 2098461 Q cv ccnn .+" BROOKFIELO W 0 �� cu QN L omLL No W Z rn cu 7 60 ' o 30' PR. 15' ESMT. - c m �+ w J U 0 0 LAND S�'QG ul ,. 0 Sip 4, F< Q i * REM J'lq� NO.5476 F O T.P.O.B. I OF CALF 30.00' S189.45'38'W 769-270-003 4 FXH PQnnlCTCI n 7Cn_n7n nnn . --__ LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-002): EXHIBIT "B" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 4,- THENCE NORTH 00002'11" WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1646.84 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO DALMAIN C. WOODHOUSE, ET AL, RECORDED JUNE 3, 1946 IN BOOK 752, PAGE 323, O.R.; THENCE NORTH 89046'00" EAST ALONG THE NORTH LINE OF SAID WOODHOUSE LAND, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER, AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00002'1 V WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 320.39 FEET TO A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO FRANK GEORGE HRABETIN AND MARGUERITE CORA HRABETIN, HUSBAND AND WIFE, RECORDED AUGUST 24, 1962 AS INSTRUMENT NO. 80112, O.R.; THENCE SOUTH 89053'58" EAST ALONG SAID SOUTHERLY LINE OF THE HRABETIN LAND, A DISTANCE OF 30.64 FEET; THENCE SOUTH 00045'48" WEST, A DISTANCE OF 45.80 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 274.41 FEET TO A POINT ON SAID NORTH LINE OF THE WOODHOUSE LAND; THENCE SOUTH 89045'38" WEST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 9,624 SQUARE FEET, MORE OR LESS. rA kh, rtide - of. ' I A, mop 0 1 1 \OF C W EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk Exempt from Recording Fee Pursuant to Government Code Section 6103 Exempt from Documentary Transfer Tax Pursuant to R&T Code § 11922 ice above this line tor ecor er s use GRANT OF TEMPORARY CONSTRUCTION EASEMENT Assessor's Parcel Number: 769-270-002 [ ] All [X] Portion FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC., A DELAWARE CORPORATION HEREBY GRANTS TO THE CITY OF LA QUINTA, A CHARTER CITY An Easement for Temporary Construction purposes, in, over and across the real property in the City of La Quinta, the scope and terms of which are as follows: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached as Exhibit "A" and Exhibit "B", as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project'). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner and shall continue in full force and effect for twelve (12) months after notice, which notice shall be given no later than January 1, 2001. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement of the work. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement to be executed as of this day of , 1999. C Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-270-002 August 9, 1999 JN 20-301477 Page 1 of 2 In the City of La Quinta, County of Riverside, State of California, that portion of the Northwest Quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of the said Northwest quarter and the South line of land described in deed to Frank George Hrabetin and Marguerite Cora Hrabetin, Husband and Wife, recorded August 24, 1962 as Instrument No. 80112, O.R.; thence South 89053'58" East, along said Southerly line of the Hrabetin land, a distance of 30.64 feet to the true point of beginning; thence South 00045'48" West, 45.80 feet; thence South 00002'11" East, 274.41 feet; thence North 89045'38" East, 15.00 feet: thence North 000021111, West, 274.25 feet; thence North 000451481, East, 45.87 feet; thence North 89053'58" West, 15.00 feet to the true point of beginning. Containing 4,802 square feet, more or less. i Na 472 * F P- H:\GRP70\PDATA\3011?,OFFICEIWPWIN\Ltgals\769-270-00Z.wpd v ' ` OF 0 9 o 1-0 c Q m AUGUST 2, 1999 50TH NW COR. SEC. 4 W W f— AVENUE N 89' 53, 58' V 30. 64 n 3 / U mlc O �Q P � VARIES --� Z 3 W a -m cu LC..I 00 Or7 �N ^OI Iy O (U O a w Z 60, 3 0 0 a I 30. 00 N 89' 45' 38' E SCALE =40 EXHIBIT "B" T. P. C.8 A. P. N. 769-270-Q01 15.00' 89°53'S8"W S0. LINE INST.IV0.80112,0.R. n� .Ln Ln V- A PORTION OF THE V-o NW 1 /4 OF SEC. 4, 1 z T. 6 S. R. 7 E. S. 3. M. IAREA OF PROPOSED TCE = 4, SC2 S. F, E 0 L N t\ m CJ1 N 00 0 A. P. N. 769-270-002 O PTR 2098461 BRCCKFIEL➢ zg: N O � N � d- p n° N cV p O z cn \D kp,L LAND S a Na.47 5 9 0 * Exp. * z i i CF CA r` v ' SHEET 2 OF 2 SHEET Q iL��' nvEs�o.a oueae, a V.ms sw.c as G N..,.... .. ��. l�l afwn . rs (�) JMJ111 CL I j O NC. LINE 8K.752,PG.323,0.R. 0 15.00' N89'45'38"E A.P.N. 769-270-003 FIELD BOOK JOB NO. 301477