CVWD - SilverRock Irrigation Modifications 17No Recording Fees
Required Per
Government Code
Section 37383
RECORDING REQUESTED BY AND
WVIIEN RECORDED MAIL TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
2017-0218005
06/01/2017 10:03 AM
***Customer Copy Label***
The paper to which this label is affixed
ras net been compared with the
f1;edirecorded document
Peter Aldana
County Of Riverside
Assessor -County Clerk -Recorder
APN: See attached
Exhibit "D"
TRA:- 020-015
020-016
020-021
020-121
020-143
(Space above this line is (in- Recorder's Use)
FILE: 0322.12, 0652.21
0652.42. 0655.
PM 37207
AGREEMENT REGARDING REAL PROPERTY
THIS AGREEMENT ("Agreement") is executed as of this 1ckwday of April. 2017, by and
between COACHELLA VALLEY WATER DISTRICT, a public agency of the State • of
California ("CVWD") and CITY OF LA QUINTA, a California municipal corporation and
charter city, ("CITY") and is made with reference to the following facts:
A. CITY is preparing to record Parcel Map No, 37207 in the Official Records of
Riverside County, California ("Map"), affecting the real property described in Exhibit "A" and
depicted on Exhibit "B" attached hereto ("Property"). The Property is within the jurisdiction
of CVWD and the City of La Quinta with respect to certain public services and is subject to
certain easements in favor of CVWD and the United States Bureau of.Reclamation ("USBR").
B. in connection with the recording of the Map, CVWD and CITY by this
Agreement desire to confirm their understanding and agreement regarding the nutters described
below.
The parties therefore agree as follows:
1. Prior to the conveyance of any parcels within the Property by the CITY to any
end users of such parcels, with the exception of conveyance of a portion of the Property to
Silverrock Development Company' as detailed in Recital 5, CITY will complete the irrigation
system. modifications and/or improvements as outlined in Exhibit "C", attached hereto, and in
accordance with the Special Domestic Water System. Sanitation System and irrigation System
Installation Agreement, date to be determined, by and between CVWD, CITY and The Robert
Green Company. CITY will comply with all applicable USI3R and CVWD requirements and
will obtain those permits and approvals required in order to comply with such requirements, all
in accordance with the Special Domestic Water System, Sanitation System and Irrigation System
Installation Agreement.
?. CITY acknowledges and agrees that in the event of any violation or threatened
violation of this Agreement by CITY or any successor to the CITY as the owner of the Property,
CVWD shall be entitled to enjoin any such violation or threatened violation on its own behalf
and acting on behalf of USBR. CVWD acknowledges and agrees that in the event of any
violation or threatened violation of this Agreement by CV WD or any successor to CVWD. CITY
shall be entitled to enjoin any such violation or threatened violation.
3. Concurrently with the mutual execution of this Agreement, CVWD shall submit a
letter to CITY in support of the Map, confirming • its existing rights and withdrawing any
opposition to the Map and CVWD shall not oppose the approval or recordation of the Map.
�. This Agreement shall constitute a covenant running with the land pursuant to
California Civil Code Section 1468, burdening the Property and for the benefit of CVWD and
USI3R, specifically benefitting their easement rights in the Property and adjacent irrigation
facilities. and will be binding upon successor owners of the Property, subject to the provisions of
Section 5 below.
5. Subject to the exception below, CITY agrees that although the Property may be
sold, transferred, assigned or otherwise conveyed, in its entirety, to a single purchaser, transferee
or assignee subject to this Agreement, individual parcels created as a result of the recording of
the Map will not be sold, transferred, assigned or otherwise conveyed to end users until the
natters described in Section 1 above have been completed. CIT'Y may sell a portion of the
Property to Silverrock Development Company for the development of a hotel, luxury residences,
and conference facility prior to the completion of those matters described in Section 1. However,
Silverrock Development Company may not sell, transfer, assign or convey their interest until the
matters described in Section 1 above have been completed.
6. If legal action is required in order to enforce or interpret provisions of this
Agreement, the party prevailing in such action shall be entitled to an award of its attorneys' fees
and costs.
7. This Agreement may be executed in counterparts and originally executed
counterpart signature pages may be attached hereto for purposes of recording.
8. This Agreement will be effective as the date it is recorded in the Official Records
of Riverside County, California.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year hereinabove written.
CVWD:
COACHELLA VALLEY WATER DISTRICT, a
public agency of the State of California
By:
J. Ba - tt, General Manager
•l7
APPROVED AS TO FORM:
By:
t & Krieger, LLP
ounsel
CITY:
CITY OF LA QUINTA, a California municipal
corporatio i and charter city
ATTEST:
1414141/44 -----
Susan Maysels, City Clerk
APPROVED AS TO FO
L
William H. Ihrke, City Attorney
Doc. No. 060705-3-007
060705 -4 -XXX
• 060706 -4 -XXX
060707-1 -XXX
060708 -1 -XXX
060708 -2 -XXX
060708 -3 -XXX
060708 -4 -XXX
060709 -3 -XXX
3
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the '
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA)
) ss.
County of.Riverside )
On May 31. 2017, before me. M. Yolanda Vasquez. Notary Public, personally appeared
J. M. Barrett, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledgement to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal,
M. YOLANDA VASQUEZ n�
Commission # 2053463 ` l� . t Oen
� m" Notary Public California
15.z. M. Yolan Vasquez, Nota r Publ
z n�'r Riverside County
M Comm. Expires Dec 26, 2017 �
(Seal)
COMMISSION NO. 2053463
MY COMMISSION EXPIRES DECEMBER 26, 2017
CAPACITY CLAIMED BY SIGNER; General Manager
SIGNER IS REPRESENTING: Coachella Valley Water District
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year hereinabove written.
CVWD:
COACHELLA VALLEY WATER DISTRICT, a
public agency of the State of California
By:
J. M. Barrett, General Manager
APPROVED AS TO FORM:
By:
Best, Best & Krieger, LLP
General Counsel
CITY:
CITY OF LA QUINTA, a California municipal
coiporatio and charter city
By -
It
ATTEST:
peva City Manager
1414114
Susan Maysels, City Clerk
APPROVED AS TO FO
William H. Ihrke, City Attorney
Doc. No.
3
060705-3-007
060705 -4 -XXX
060706 -4 -XXX
060707 -1 -XXX
060708 -1 -XXX
060708 -2 -XXX
060708 -3 -XXX
060708 -4 -XXX
060709 -3 -XXX
EXHIBIT "A"
LEGAL DESCRIPTION
SILVERROCK RESORT
Those portions of Sections 5 through 8, inclusive, Township 6 South, Range 7 East, San Bernardino
Meridian, in the City of La Quinta, County of Riverside, State of California, described as follows:
Parcels 2 through 8, inclusive; 10 through 19, inclusive; 21; "A" through "E", inclusive; and "I"
through "M", inclusive; of Parcel Map No. 33367 per map filed in Book 224, Pages 24 through 39,
inclusive, of Parcel Maps, in the office of the County Recorder of Riverside County, California; and
Parcels "A" through "C", inclusive, of Lot Line Adjustment No. 2016-0007, recorded December 14,
2016 as Instrument No. 2016-0557237, official records of Riverside County, California.
AS SHOWN ON EXHIBIT "B" attached hereto and by this reference made a part hereof.
This legal description and accompanying plat were prepared by me or under my direction in
conformance with the requirements of the Professional Land Surveyors Act.
Christopher L. Alberts, PLS 8508
,/G //, 2o/7'
Date
Page 1 of 1
EXHIBIT "B" - MAP
SILVI ROOK RESORT
18
PAR. C
LEGEND
1 PARCEL PER PhlB 224/24-39
PAR A PARCEL PER LLA 2016-0007
L
' 15
N - ALL AMERICAN CANAL
14,
12
W
W
1000 500 0 1000
2000 3000
SCALE. =1000
LOCATED IN POR. OF SECTIONS 5-8, T.6S., R.7E , S B M
AVENUE 52
10
8
SHEET 1 OF 1 SHEET
Michael Baker
INTERNATIONAL
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
phone: 760-346-7481 www.mbakerintl.com
EXHIBIT "C"
LIST OF IRRIGATION SYSTEM MODIFICATIONS AND/OR IMPROVEMENTS
- Relocate those portions of Lateral Nos. 120.8 and 120.8A currently located between the
Coachella Branch of the All-American Canal (Canal) and Avenue 52
o CITY to submit a USBR Relocation and Abandonment Package
o Requires a new USBR easement (minimum 30 -foot wide)
o CITY and/or its contractor to obtain CVWD Construction Encroachment
Permit(s) to perform the work associated with the installation of the relocated
laterals and physical abandonment of the old laterals
o Requires the quitclaim of USBR old easements (portion of Instrument No. 287668
recorded 8/3/1990, O.R., portion of Instrument No. 285943 recorded 8/2/1990,
O.R, and a portion of Instrument No. 53308 recorded 12/15/1952, O.R.)
- Abandon the following Laterals by one of three methods (crush in place, slurry fill, or
physically remove from the ground) or provide proof that these laterals have been
physically abandoned.
o Lateral No. 120.8-0.3 along the south side of Avenue 52
o Lateral No. 120.8-0.3 along the west side of Jefferson Street ending just southerly
of the Canal
o Lateral No. 120.8-0.3-0.5RT
o Lateral No. 120.6 (approximately 1,155 feet)
o Lateral No. 120.8-1.5 starting at the south side of Avenue 52 in Section 5,
Township 6 South, Range 7 East, San Bernardino Meridian and continuing
southerly to its termination in Section 8
o Lateral No. 121.3 (approximately 1,065 feet)
- Quitclaim the following UEBR easements once the Laterals are abandoned or proof of
abandonment is provided. Requires CITY to submit a USBR Abandonment Package.
o USBR right-of-way per USBR Parcel C -6-161(c)
o USBR right-of-way per USBR Parcel C -6-161(b)
o USBR easement per Instrument No. 287666 Recorded 8/3/1990, O.R. of
Riverside County, California
- Provide CVWD/USBR with 20 -foot wide pipeline easement for the relocated Lateral No.
121.3 as shown on CVWD Drawing No. 32140
EXHIBIT "D"
LIST OF ASSESSOR PARCEL NUMBERS
770-200-025
770-200-026
770-200-027
770-260-031
776-150-019
776-150-020
776-150-021
776-150-022
776-150-023
776-150-024
776-150-025
777-060-009
777-060-018
777-060-055
777-060-056
777-060-057
777-060-058
777-060-059
777-060-060
777-060-061
777-060-063
777-060-064
777-060-065
777-060-066
777-060-067
777-060-068
777-060-069
777-490-001
777-490-002
777-490-003
777-490-004
777-490-005
777-490-006
777-490-007
777-490-008
777-490-009
777-490-010
777-490-011
777-490-012
777-490-013
777-490-014
777-490-015
777-490-016
777-490-017
777-490-018
ACKNOWLEDGEMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On APRIL J q , 2017 before me, Terre SGL 1 Ii o ilei p 5 or)
Notary Public, personally appeared FRANK J. SPEVACEK, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
TERESA THOMPSQN
Commission # 2030796
Notary Public - California
Riverside County
My Comm. Expires Jun 24, 2017