Merv Griffin Trust-Transwest Housing/ROW 05-Recording Requested By
First American Title Company
RECORDING REQUESTED BY
and WHEN RECORDED MAIL TO:
City Clerk
City of La Quinta
P. O. Box 1504
La Quinta, CA 92253
HOC = 2@05-0055025
01/20/2005 08:00A Fee:55.00
Page 1 of 17
Recorded in Official Records
County of Riverside
Assessor,
11111111111111111111111111111111111111111111111111111
M
S
U
PAGE
SIZE
DA
PCOR
NOCOR
SMF
MISC.
A
R
L
COPY
LONG
I REFUND
NCHG
EXAM
RIGHT OF WAY AGREEMENT-
THIS RIGHT OF WAY AGREEMENT (this "Agreement") is made this
day of January, 2005, by and among THE MERV GRIFFIN LIVING TRUST, U/D/T/
DATED JUNE 205 1986 (as amended) ("Owner"), the CITY OF LA QUINTA, a Municipal
corporation (the "City") and TRANS WEST HOUSING, INC., a California corporation -
("Developer"). T
RECITALS
ti
A. Owner is the owner of certain real property located in the City of La Quinta,
County of Riverside, and State of California more particularly described on Exhibit "A"
attached hereto and made a part hereof by this reference (the "Owner's Property").
B. Developer is acquiring from an affiliate of Owner certain property which is
adjacent to Owner's Property for development of a residential project known as the "Griffin
Ranch Development", which property is located in the City of La Quinta, County of Riverside,
and State of California and is depicted on Exhibit "B" attached hereto and made a part hereof by
this reference (the "Developer Property").
C. In furtherance of Developer's development plans and as a condition to the City's
approval of Specific Plan No. 2004-074 and Tentative Tract Map No. 32879 affecting the
Developer Property, the City is requiring the widening of a portion of Avenue 54 over a portion
of the Owner's Property in connection with the development of the Developer Property, subject
to certain terms, conditions and covenants amongst the parties as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements herein contained, the parties hereto agree as set forth below.
First American Title Company has recorded
this instrument by request as an accom-
modation only and has not examined it for
regularity and sufficiency or as to its effect
upon the title to any real property that may
1 be described herein.
D:\My Documents\Legal\LaQuinta\Right of Way Agreement final.DOC
12/7/04
AGREEMENT
1. Grant of Right of Way. As a condition precedent to the City's approval of
Specific Plan No. 2004-074 (the "Specific Plan") and Tentative Tract Map No. 32879 (the
"Tentative Tract Map") affecting the Developer Property, Owner agrees to execute and deliver
to the City a recordable Grant of Right of Way in substantially the same form as Exhibit "C"
attached hereto and made a part hereof by this reference (the "Grant of Right of Way"). The
City shall have no obligation to agendize the Specific Plan and the Tentative Tract Map for
approval by the Planning Commission or the City Council of the City unless and until an
executed and notarized Grant of Right of Way is delivered by Owner to the City.
2. Delivery of the Grant of Right of Way. The delivery of the Grant of Right of
Way in the form required in Paragraph 1 above shall constitute an irrevocable offer of dedication
by Owner of the public right of way rights set forth therein to the City, subject to the occurrence
of the following, which shall constitute conditions precedent to the effectiveness, acceptance and
recordation of the Grant of Right of Way:
a. The Specific Plan and the Tentative Tract Map shall have been
"approved" by the City, which approval, for purposes of this Agreement, shall be deemed to
have occurred when the Specific Plan and the Tentative Tract Map have been approved by the
City Council and the statute of limitations periods under Government Code Sections 65009 and
66499.37, and Public Resources Code Section 21167 have run and expired. If any lawsuit is
filed challenging the approvals prior to the expiration of these two statutes of limitation, the
"approval" will be deemed to occur upon the date that the lawsuit is concluded, unless the
lawsuit requires that the approvals be set aside, in which case the approval would be deemed to
occur when and if the approvals are reissued and the two above referenced statute periods have
lapsed without a challenge being filed.
b. The City shall have issued the 50th building permit for a single family
residence in the Griffin Ranch Development consistent with the Specific Plan and the Tentative
Tract Map, or May 31, 2006 shall have passed, whichever is later.
The parties hereto acknowledge and agree that if the aforementioned specific plan and
tentative map are not approved by the City, this Agreement shall terminate and be of no further
force and effect, and the Grant of Right of Way shall be returned to Owner by the City. If the
specific plan and tentative map are not approved by the City, or if after approved, the approvals
are rescinded, the City shall provide a quitclaim of its rights under this Agreement within 15
days of the date of the demand for the release.
3. Construction of Roadway Improvements. Within thirty (30) days after satisfaction
of both conditions precedent contained in Section 2 above, Developer shall commence and
thereafter diligently pursue construction of additional roadway, curbs and gutters within the
Right of Way Area (which Right of Way Area is defined in the Grant of Right of Way), in
accordance with the approved Street Improvement Plans for Tract No. 32879. In connection
with Developer's construction of the roadway improvements described in the foregoing sentence,
Developer shall remove the Tamarisk trees located within the Right of Way Area.
2
D:\My Documents\Lega1\LaQuinta\Right of Way Agreement fmal.DOC
12/7/04
4. Maintenance of the Tamarisk Trees. The Tamarisk trees located within the Right
of Way Area will be trimmed and maintained by Developer or Developer's assignees until the
roadway and sidewalk improvements described in Paragraph 3 above have been installed. For
purposes of this Paragraph 4, such obligation of Developer shall include the trimming and
maintenance of such trees in a manner that keeps all of the paved roadway and a three foot wide
area of unpaved shoulder adjacent to the roadway free from obstruction to a height of seventeen
feet, including, reasonable periodic trimming of such trees; provided, however, that the trees
shall be permitted to be maintained in such fullness as may be reasonably required in order to
maintain privacy and visual protection for the Owner's Property until they are removed in
accordance with Paragraph 3.
5. Sidewalk and Wall. Following the removal of the existing Tamarisk trees from
the Right of Way Area, Developer shall install an eight foot wide sidewalk in the Right of Way
Area in accordance with the Street Improvement Plans for Tract No. 32879. In addition, Owner
shall have the right to cause the existing wall located adjacent to the Right of Way Area to be
removed and to be replaced (or rebuilt) with a wall which conforms to the Plans and
Specifications set forth in Exhibit "D" attached hereto and made a part hereof.
6. Enforcement. The covenants, conditions and restrictions of this Agreement shall
inure to the benefit of and be enforceable by Owner, Developer, the City, or their respective legal
representatives, heirs, successors, and assigns.
7. Terminology. Where the context requires, the masculine gender includes the
feminine and neuter, and the singular case plural.
8. Captions. Captions used in this Agreement are for information purposes only and
do not alter, modify or add to the terms of this Agreement.
9. Invalidity. If any term, covenant or condition of this Agreement is determined to
be invalid, it will not affect the validity of the remaining terms, covenants and conditions of this
Agreement. If any portion of the Agreement is held to be unenforceable, any enforceable portion
thereof and the remaining provisions shall continue in full force and effect.
10. Waiver. The waiver of any breach of any provision hereunder shall not be
deemed to be a waiver of any proceeding or subsequent breach hereunder. No waiver shall be
binding unless in writing and signed by the party making the waiver.
11. Governing Law. This Agreement will be governed and interpreted pursuant to the
laws of the State of California.
12. Modification. This Agreement may be modified only in a writing signed by the
parties to the Agreement, or their respective successor in interest.
3
D:\My Documents\Legal\LaQuinta\Right of Way Agreement fmal.DOC
12/7/04
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and
year first above written.
"OWNER" THE MERV GRIFFIN LIVING TRUST, u/d/t
DATED JUNE 20, 1986 (AS A NDED)
By:
Mery Grif
Sole Trustee
"DEVELOPER" TRANS WEST HOUSING, INC.,
a California corporation
By:
Name: d' n Co'e""
Its:
"CITY" CITY OF LA QUINTA
By: /
Tom Genovese,
City Manager
APPROVED AS TO FORM:
By.
Name:
City Attorney
ATTEST:
l�ir W --a� M
''
City Clerk
D:\My Documents\Legal\LaQuinta\Right of Way Agreement final.DOC
12/7/04
ALL PURPOSE ACKNOWLEDGMENT
STATE OF/J'14fttj4 � )
\CC
COUNTY OF QS )
On Q �+t�t.Gt % 2005 before me, �� 2 notary public in
and for said tate, personally appeared Q r f t
personally known to me ❑ or proved to me on the basis of satis ctory evidence to bet e
personj�Whose nameXis/a subscribed to the within instrument and acknowledged to me
that he/4Ti executed the same in his authorized capacity(jo< and that by
his/bd7t r signature/n the instrument the personW,""or the entity upon behalf of which the
person acted, executed this instrument.
WITNESS MY HAIN AND OFFICIAL SEAL.
C
ALL PURPOSE ACKNO)MADGMENT
STATE OF CALIFORNIA )
%M 'DJfFlO )SS
COUNTY OFRIVER9fHE )
LCmrwft n # 16332"
Nok" hAft - caft" p
My o
On 2005 before me M%if kw(faL , notary public in
and for said state, personally appeared I , personally known to
me ❑ or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed this instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
�1:� AtMMt01.
Coe Non • 1532MI
lmokwceunv
Molo�y �a • C.awiotNd
Cmftb p .
5
DAMy Documents\Legal\LaQuinta\Right of Way Grant rinal.DOC
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
)SS
COUNTY OF 13)
On 9 , 2005, before me, l , notary public in
and for said state, personally appeared
personally known to me ❑ or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me
that he/4ho44ey executed the same in his f*m� authorized capacity(ies), and that by
his signature(s)on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed this instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
REGENIA HHOW
CotmMon # 1521A0
Notary PubNc - CaNfomk0
raverdde County
IWyComm. ExpkesOct2, �08
EXHIBIT "-"
LEGAL DESCRIPTION
MERV GRIFFIN PARCEL
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO
BASE AND MERIDIAN
�ANp s�
CHARLES R. HARMS
I
REG. EXPo Z S
N0.4989
�OF CA
PAGE 1 OF 'I
EXHIBIT "_a"
LEGAL DESCRIPTION
DEVELOPER PARCEL
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN
��LoND
CHARLES R. HARRtS -p
.� REG. EXR& / f1a5-
le4" llla�
N0.4989 \�
�F C A�\
PAGE 1 OF 1
L*81T C
RECORDING REQUESTED BY
and WHEN RECORDED MAIL TO:
City Clerk
City of La Quinta
P. "O. Box 1504
La Quinta, CA 92253
GRANT OF RIGHT OF WAY
City of La Quinta, County of Riverside APN: (portion)
State of California
DOCUMENTARY TRANSFER TAXIS $-0- Exempt from Recording Fee
Public Agency Exempt k & T Code
Per Govt. Code',Sec. 27383
THIS GRANT OF RIGHT OF WAY (the "Right of Way Grant") is made this
day of January, 2005, by THE MERV GRIFFIN LIVING TRUST, U/D/T DATED DUNE
20, 1986 (as amended) ("Grantor"), in favor of the CITY OF LA QUINTA, a Municipal
corporation ("City").
RECITALS
A. Grantor is the owner of certain real property located in the City of La Quinta,
County of Riverside, and State of California more particularly described on Exhibit "A"
attached hereto and made a part hereof by this reference (the "Property").
B. As a condition to the City's approval of Specific Plan No. 2004-074, and
Tentative Tract Map No. 32879, the City is requiring the widening of a portion of Avenue 54
over a portion of the Property in connection with the development of the "Griffin Ranch"
development on land adjacent to the Property.
C. Grantor is willing to grant a public right of way easement for 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
and sidewalks on over, through, and upon a portion of the Property as more particularly
described in Exhibit "B" and depicted in Exhibit "C" (the "Right of Way Area"), attached
hereto and made a part hereof, for the benefit of the City and for the removal of existing trees
within the Right of Way Area and the construction, maintenance, repair, installation,
restoration, replacement and reconstruction of such Right of Way Area by the City, its
successors and assigns, subject to the terms and conditions hereinafter set forth in this Right of
1
DAMy Documents\Legal\LaQuinta\Right of Way Grant Final.DOC
Way Grant; provided, however, that nothing in this Right of Way Grant shall constitute or
create an obligation on the part of the City to construct a public roadway or install any other
improvements in the Right of Way Area, and that no obligation to maintain any portion of the
Right of Way Area or the Right of Way Area Improvements shall commence until and unless
the City Council accepts the Right of Way Area Improvements.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements herein contained, Grantor shall grant to City the public right of way described
herein and City, by the execution and recordation of this document, agrees to accept the
conveyance of such public right of way subject to the terms and conditions more particularly set
forth below.
ARTICLE I
DEFINITIONS
Unless the context clearly means otherwise or unless otherwise defined below, the
following terms used in this Right of Way Grant shall mean as follows:
Section 1.01 — Right of Wav Area. "Right of Way Area" shall mean that real property
described on Exhibit "B" and depicted on Exhibit "C" attached hereto.
Section 1.02 — Right of Way Area Improvements. "Right of Way Area
Improvements" shall mean all improvements within the Right of Way Area.
ARTICLE II
GRANT OF RIGHT OF WAY
Section 2.01 - Grant of Right of Way. Grantor hereby grants to City a perpetual
exclusive right of way 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 and sidewalks on,
over, through, and upon the Right of Way Area; and a perpetual exclusive right of way over and
across the Right of Way Area for the purpose of permitting the City to exercise its rights as
described in this Right of Way Grant.
Section 2.02 — Effectiveness of Grant. The Right of Way Grant set forth in Section
2.01 above shall not be effective and this Grant of Right of Way may not be recorded in the
Official Records of Riverside County, California, unless and until the occurrence of the
following:
a. The Specific Plan and the Tentative Tract Map shall have been
"approved" by the City, which approval, for purposes of this Agreement, shall be deemed to
have occurred when the Specific Plan and the Tentative Tract Map have been approved by the
City Council and the statute of limitations periods under Government Code Sections 65009 and
2
DAMy Documents\Legal\LaQuinta\Right of Way Grant Final.DOC
66499.37, and Public Resources Code Section 21167 have run and expired. If any lawsuit if
filed challenging the approvals prior to the expiration of these two statutes of limitation, the
"approval" will be deemed to occur upon the date that the lawsuit is concluded, unless the
lawsuit requires that the approvals be set aside, in which case the approval would be deemed to
occur when and if the approvals are reissued and the two above referenced statute periods have
lapsed without a challenge being filed.
b. The City has issued the 50t" building permit for a single family
residence in the Griffin Ranch development consistent with Specific Plan No. 2004-074 and
Tentative Tract Map No. 32879, or May 31, 2006 has passed, whichever is later.
The parties hereto acknowledge and agree that if the aforementioned specific plan and tentative
map are not approved by the City, this Grant of Right of Way shall terminate and be of no
further force and effect, and this Grant of Right of Way shall be returned to Owner by the City.
ARTICLE III
COVENANT FOR MAINTENANCE
Section 3.01 - Maintenance. The City agrees to maintain the Right of Way Area and
the Right of Way Area Improvements when and if the City Council, by resolution, has accepted
the Right of Way Area Improvements as complete.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and
year first above written.
THE MERV GRIFFIN LIVING TRUST,
U/D/T DATED JUNE 2091986 (as amended)
By:
Name:
Its:
CERTIFICATE OF ACCEPTANCE OF GRANT OF RIGHT OF WAY
This is to certify that the conveyance of exclusive public right of way rights to the City
of La Quinta, a Municipal corporation, is hereby accepted by order of the City Council, and the
City of La Quinta consents to the recordation thereof by its duly authorized officer.
Dated: CITY OF LA QUINTA
By:
Tom Genovese,
City Manager
3
DAMy Documents\Legal\LaQuinta\Right of Way Grant Final.DOC
APPROVED AS TO FORM:
By:
Name:
City Attorney
DAMy DocumentsTegalTaQuinta\Right of Way Grant Final.DOC
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
)SS
COUNTY OF
On , 2005, before me, , notary public in
and for said state, personally appeared , ❑
personally known to me ❑ or 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 this instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)SS
COUNTY OF RIVERSIDE )
On , 2005, before me, , notary public in
and for said state, personally appeared , ❑ personally known to
me ❑ or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed this instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
5
DAMy Documents\Legal\LaQuinta\Right of Way Grant Final.DOC
EXHIBIT "A"
LEGAL DESCRIPTION
(G?AqT)
MERV GRIFFIN PARCEL
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO
BASE AND MERIDIAN
/gyp LAND s�
r=NARLI R. HARRlS
r
REG. EXP, 2 S
%�
r NO.4989�
PAGE IOFI
w
w
ac
W
z
0
CD
0
a
E HIBI c '
CITY rF LA QUINTA
STREET RIGHT-OF-WAY
SECTION 15, T.SS, R.7E, S.B.M.
SECTION LINE MB 305/14-22 1 "=300'
54 TH AVE Lj
aw
MW
9/4
Mw
9/4
HE
9/4
EXHIBIT "D"
Plans and Specifications
(Attached)
CADocuments and Settings\rgrinberg\Local Settings\Temporary Internet$Files\OLK13E\Transwest-Griffm Ranch Agreementv6 - as revised by
Cityv2.doc 12 /7/04
CENTERLINE