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Spengler, Donald/Property Aquisition 99PARCEL NO: HAN/002/001 A PN: 769-040-016 TITLE REPORT NO: LG 151811529 PROJECT: WASHINGTON STREET BRIDGE WIDENING AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this -20'6 'day of =u 1999 by and between the City of La Quinta, a Municipal corporation (hereinafter re erred to as "Buyer'), and the undersigned owner(s) (hereinafter referred to as "Seller") for acquisition by Buyer of certain real property interest as hereinafter set forth: IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Buyer of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, for the consideration hereinafter stated, a portion of the following described real property in the City of La Quinta, County of Riverside, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 3. BUYER AGREES TO, AND SHALL: A. Pay seller the sum of THREE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($3,900.00) for a portion of the property or interest conveyed above concurrently with recordation of a Deed vesting title to said property in Buyer free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded), and taxes, EXCEPT: I. Taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. II. Covenants, conditions, restrictions, and reservations of record. III. Easements or rights of way over said land for public utility or public street purposes, if any. IV. Items C, D, 1, 2, and 3 of Litigation Guarantee #LG151811529 issued by Stewart Title of California, Inc., dated January 7, 1998. PAGE 1 OF 3 B. Pay all recording fees incurred in this transaction, and, if title insurance is desired by Buyer, the premium charged therefore. This transaction shall include payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release of mortgage by Buyer. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements and leases. C. Have the authority to deduct and pay, from the amount shown in Clause 3A above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this transaction closes, together with penalties and interest thereon, and/or delinquent or non -delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this agreement. 4. Buyer has the authority to deduct from the amounts payable to Seller under Clause 3A of this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except penalty (if any), for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder. 5. Seller warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT: None. 6. Seller consents to the dismissal of any action filed by Buyer for the condemnation of said property and waives any claim for costs, attorney's fees, and deposits in said action made by Buyer, or any claim whatsoever which might arise out of the filing of such an action, whether or not such claim is specifically identified in this paragraph. 7. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 3A herein is payment in full to compensate Seller for any and all damage to Seller's remainder property by reason of the acquisition of the subject property or the installation of the improvement project in the manner proposed. 8. It is understood and agreed by and between the parties hereto in addition to the compensation shown in clause 3A hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: A. None. It is further understood between the parties hereto that if the improvements referred to in Paragraph 8A above are not removed from the subject property prior to construction, Buyer, its agents, contractors, or assigns, shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without further responsibility to Seller whatsoever. PAGE 2 OF 3 9. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above mentioned improvement, the right to enter upon Seller's property for any of the following purposes: A. During the term of construction of the public improvement project commonly referred to as the Washington Street Bridge Widening Project, to utilize the area identified in Exhibit A as a Temporary Construction Easement for project -related purposes, and to perform grading and landscaping work upon the area identified in Exhibit A as the Slope Easement. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in a good condition as found. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. THIS AGREEMENT contains the entire agreement between the parties and neither party relies upon any warranty or representation not contained in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF SELLER: 10666 WESTMINISTER AVENUE GARDEN GROVE, CA 92843 MAILING ADDRESS OF BUYER 78-495 CALLE TAMPICO LA QUINTA, CA 92253 SELLER: H. SPENGLER RED A. SPENGLER BUYER: CITY OF LA QUINTA, A MUNICIPAL CORPO ION BY:ajh�& BY: PAGE 3 OF 3 149 • o4o • o 11* ROAD DEED That portion of the North half of the Northwest quarter of the Northeast quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: BEGINNING at the North quarter corner of said Section 6; Thence South 89° 59' 27" East along the North line of said Section 6, 30.00 feet to a point that is distant 30.00 feet Easterly from, as measured perpendicular to, the quarter section line of said Section 6; Thence South 00° 00' 24" East parallel with said quarter section line, 30.00 feet to the point of intersection of the South line of 50th Avenue, 60 feet wide, with the East line of Washington Street, 60 feet wide, said point being distant 30.00 feet Southerly from, as measured perpendicular to, the North line of said Section 6, and being the TRUE POINT OF BEGINNING; Thence South 89° 59' 27" East along said South line of 50th Avenue parallel with said North line of Section 6, 153.01 feet; Thence departing said South line of 50th Avenue, South 86° 11' 42" West, 120.26 feet to a point that is distant 38.00 feet Southerly from, as measured perpendicular to, said North line of Section 6; Thence South 00' 00' 33" West, 12.00 feet; Thence South 45° 00' 05" West, 32.53 feet to a point that is distant 40.00 feet Easterly from, as measured perpendicular to, said quarter section line of Section 6; Thence South 89° 59' 36" West, 10.00 feet to a point in said East line of Washington Street; Thence North 00° 00' 24" West, 43.01 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and easements of record. Containing 1,635 square feet or 0.038 acres of land, more or less. As more particularly shown on Exhibit "1" attached hereto and by this reference made a part hereof. EXHIBIT "A" 1/4 SECTION CORNER (P.O.B.) \ S 69 59'27' E 30.00' 8 N O Z IW 2 O Z J � IL) Z W Vf 'r V I Q 50TH AVENUE S 69'59'27' E 153.01' 9 '?S662W 120.26 S 0'00._0 1.00'2 100005'W 32.53' 69*s9'36'w 10.00' APN: 769-040-016 EXHIBIT 66111 ROAD DEED G 1' 60' SECTION 31 SECTION 6 769-040-010 1to9-o4p-o1b SLOPE EASEMENT That portion of the North half of the Northwest quarter of the Northeast quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: BEGINNING at the point of intersection of the South line of 50th Avenue, 60 feet wide, with the East line of Washington Street, 60 feet wide, said point being 30.00 feet South and 30.00 feet East of the Northwest comer of said North half; Thence South 00° 00' 24" East along the East line of said Washington Street, 43.01 feet to the TRUE POINT OF BEGINNING; Thence departing perpendicular to said East line North 89* 59' 36" East, 4.00 feet; Thence parallel with said East line South 00° 00' 24" East, 188.99 feet; Thence South 04° 07' 23" East, 224.93 feet to a point that is distant 20.15' Easterly, as measured perpendicular, from said East line of Washington Street; Thence continuing parallel with said east line South 00° 00' 24" East, 173.05 feet to the South line of said North half of the Northwest quarter of the Northeast quarter of Section 6; Thence South 89° 59' 11" West, 20.15 feet to said East line of Washington Street; Thence North W 00' 24" West along said East line, 586.39 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and easements of record. Containing 6,951 square feet or 0.160 acres, more or less. As more particularly shown on Exhibit "I" attached hereto and by this reference made a part hereof. EXHIBIT "A" 1/4 SECTION CORNER NN (P.O.B.) P.O.B. T.P.O.B. 50TH AVENUE �- SECTION 31 ai SECTION 6 N 69'59'36' E 4.00' it m W My APN: 769-040-016 ©MALT SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6 20.15' S 89,59,110 W F.Yl4TRTT "1 " SLOPE. EASEMEN I -)6q- 040 -ot 'o CONSTRUCTION EASEMENT That portion of the North half of the Northwest quarter of the Northeast quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: BEGINNING at a point on the South line of 50th Avenue, 60 feet wide, said point being 30.00 feet South and 190.00 feet East of the Northwest corner of said North half; Thence South 83° 32' 25" East, 53.51 feet along a line described as North 830 29' 00" West, 617.49 feet by deed to the Coachella Valley Water District recorded April 6, 1978 9s Instrument No. 65407 of Official Records of Riverside County, said line being the next to the last course therein referred to; Thence South 86° 11' 42" West, 169.54 feet to a point that is distant 74.00 feet Easterly, as measured perpendicular, from the Westerly line of said North half; Thence South W 00' 24" East parallel with said Westerly line, 213.26 feet; Thence South 04° 07' 23" East, 226.37 feet; Thence perpendicular to said Westerly line North 89' 59' 36" East, 34.90 feet; Thence South 00' 00' 24" East parallel with said Westerly line, 173.04 feet to the South line of said North half of the Northwest quarter of the Northeast quarter of Section 6; Thence South 89" 59' 11" West, 95.15 feet to a point on the East line of Washington Street, 60 feet wide, said point being distant 30.00 feet Easterly, as measured perpendicular, from said Westerly line of said North half; Thence North 00° 00' 24" West parallel with said Westerly line, 629.40 feet to the point of intersection with said South line of 50th Avenue; Thence South 89' 59' 27" East parallel with the North line of said Section 6, 160.00 feet to the POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and easements of records. Containing 40,189 square feet or 0.923 acres, more or less. As more particularly shown on Exhibit "1" attached hereto and by this reference made a part hereof. (The term of this Temporary Construction Easement shall run for the duration of the construction period for the City of La Quinta's Washington Street Bridge Street Widening Project and shall terminate upon completion of said project. In no event shall the term of this temporary construction easement extend beyond June 30, 2000.) EXHIBIT " N' 1/4 SECTION CORNER \ I I S I I 50TH AVENUE P.O.B. S 83'3; 9'27- E 160.00' / /53.51- S 86'11'42� W 169.54' W Tt: 9'360 E W a 15' i'11' W SECTION 31 E SECTION 6 INSTR. NO. 65407 APN: 769-040-010 LE APN: 769-040-016 1" - too' SOUTH UNE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6 EXHIBIT 64 1 t1 CONSTRUCTION EASEMENT