Lichliter/Jefferson Widening 00Jefferson Street Widening Project
Larry E. Lichliter
APN: 769-290-0 1 0
Page 1 of 2
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 769-290-010 ("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
Jeff WideDedicO LXECv
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=094AL
Jefferson Street Widening Project
Larry E. Lichliter
APN: 769-290-0 1 0
Page 2 of 2
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 A5 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.
Jeff Widening Dedication 3
Jefferson Street Widening Project
Larry E. Lichliter
APN: 769-290-0 1 0
Page 3 of 2
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 HEREOF, the h e executed this Agreement.
DAT :`-'�..
DATE: t( Q O
GRANTOR:
CITY: Larry E. Lichliter
CITY OF LA QUINTA
A MUNICIPAL CORPORATION
BY: Thomas P. Genovese,
City Manager
APPROVED AS TO FORM
C hid /,A . (
City Attorney
Jeff Widening Dedication 3
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 tor Recorder s use
GRANT OF EASEMENT
Assessor's Parcel Number:
769-290-010 [ ] All [X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Larry E. Lichliter
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 described
on Exhibit "A", and shown on Exhibit "B" which exhibits are attached hereto and by reference made
a part hereof.
IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be
executed as of this day of , 1999.
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AREA OF PROPOSED
R/W 3 293 S.F.
A PORTION OF THE
SW 1/4 OF SW 1/4 OF
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53RD AVENUE
R/W EXH. LICHLITER 769-290-010 - 162510,2301PF: 1221 8855 23-Jun-99 11:49 AM / 1221-1
LEGAL DESCRIPTION
RIGHT-OF-WAY
(APN 769-290-010): EXHIBIT "B"
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7
EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS. -
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-
WAY LINE OF 53RD AVENUE AS DESCRIBED IN DEED RECORDED AUGUST 28,
1950 IN BOOK 1200, PAGE 259, O.R., AND THE EASTERLY RIGHT-OF-WAY LINE
OF JEFFERSON STREET AS DESCRIBED IN INSTRUMENT NO. 200785,
RECORDED JUNE 14, 1991, O.R.;
THENCE NORTH 02012'15" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 24.22 FEET, -
THENCE SOUTH 46019'56" EAST, A DISTANCE OF 34.77 FEET TO A POINT ON
SAID NORTHERLY RIGHT-OF-WAY LINE OF 53RD AVENUE;
THENCE SOUTH 89°32'23" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 24.22 FEET TO THE POINT OF BEGINNING.
COMPRISING 293 SQUARE FEET, MORE OR LESS
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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 tor Kecorde7s use)
GRANT OF
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Number:
769-290-010 [ ] All [XI Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Larry E. Lichliter
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", 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:
EXHIBIT____,
Robert Bein, William Frost and Associates
74-410 Highway 111
Palm Desert, CA 92260
EXIMII l L{ A ff
Legal Description
Temporary 15' Construction Easement
APN 769-290-010
August 3, 1999
JN 20-301477
Page 1 of 2
In the City of La Quinta, County of Riverside, State of California, that portion of the
Southwest quarter of the Southwest quarter of the Northwest quarter of Section 9, Township
6 South, Range 7 East, S.B.M., more particularly described as follows:
Commencing at the point of intersection of the Northerly Right -of -Way line of 53rd Avenue
as described in deed recorded August 29, 1950 in Book 1200, Page 259, O.R., and the Easterly
Right-of-Wav line of Jefferson Street as described in Instrument No. 200785, recorded June
14, 1991, O.R.;
thence North 02012'15" West along said Easterly Right -of -Way line, 24.22 feet to the true point
of beginning;
South 46019'56" East, 34.77 feet;
thence North 89032'23" East. 21.54 feet;
thence North 46019'56" West, 44.15 feet;
thence North 02012'15" West, 400.26 feet;
thence South 89035'58" West. 15.01 feet;
thence South 02012'15" East406.81 feet to the true point of beginning.
Containing 6.646 square feet, more or less.
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= 6646 S. F.
®--------COURSE
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