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Home My WebLink About18 CVWD - President's PlazaSTAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 8, 2021 PREPARED BY: Randy Bowman, Senior Project Manager REQUEST: Approve the Grant of Easement to Coachella Valley Water District for Utility Purposes Over a Portion of Assessor’s Parcel No. 627-221- 011 in Conjunction with the Construction of the President’s Plaza East and West Improvements (Project No. 758-14) ___________________________________________________________________________ Recommendation By Minute Motion: 1. Approve the Grant of Easement to the Coachella Valley Water District (CVWD) over a portion of Assessor’s Parcel No. 627-221-011 for utility purposes; and 2. Authorize the Mayor to execute the same. Strategic Plan The improvements to the El Paseo Corridor fulfill priorities identified in the City’s Strategic Plan, including the following: Economic Development Priority No. 1: Expand job and business creation opportunities. Action Step: Revitalize Highway 111. Look at creating a possibility of creating a “City Center” atmosphere. To encourage growth and revitalization of the Highway 111 corridor, the City assists in providing large blocks of attractive and efficient public parking within the corridor. Background Analysis On March 11, 2021, City Council awarded Contract No. C37040A to H & H General Contractors, Inc. of Highland, California, in the amount of $7,123,393.00, for the construction of President’s Plaza East and West Improvements (Project 758-14). In order to facilitate the construction of the improvements, it is necessary for Coachella Valley Water District (CVWD) to relocate their waterline facilities at the entrance to the April 8, 2021 - Staff Report President's Plaza (Project No. 758-14) Grant of Easement to CVWD Page 2 of 2 parking lot along the west side of San Luis Rey Avenue. The relocation necessitates the City dedicating a 150-square foot easement to CVWD over a parcel owned by the City of Palm Desert. Along with the granting of this easement, CVWD requires an ALTA Title Insurance Policy. The title insurance premium is $400, which is to be paid by the City. Fiscal Analysis Beyond the cost of the ALTA Title Insurance Policy in the amount of $400, there is no additional fiscal impact associated with this action. Funds are available in Account No. 4514692-4400100, Capital Bond Funds. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER NIA Andy Firestine Sa. Iw. lvoou Andy Firestine Robert W. Hargreaves Andy Firestine Janet M. Moore And Firestine Y CityAttorney Y Assistant City Manager Director of Finance Assistant City Manager City Manager, L. Todd Hileman: L— Todd W[eVK61Vt, ATTACHMENTS: Grant of Easement Vicinity Map CIWCOUNCIL ON APPROVED DENTED RECEIVED OTHER %fI 1T)III71 05. NMA1117 Original on File with Ci"Ierk's Office No Recording Fees or Documentary Transfer Tax Government Code § 27383 Rev & Tax Code § 11922 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 ____________________________________________________________________________________ APN: 627-221-011 (Space above this line is for Recorders use) FILE: 0421.1 TRA: 18-031 0655. DTT: -0- G R A N T O F E A S E M E N T FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged CITY OF PALM DESERT, CALIFORNIA, a municipal corporation (“Grantor”) hereby grants to COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (“Grantee”), and its successors and assigns, a perpetual, nonexclusive easement and right-of-way to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s) and necessary devices and appurtenances thereto (“Pipeline(s)”) in, on, over, under, along and across that certain real property in the County of Riverside, State of California, described in Exhibit “A” and depicted on Exhibit “B” attached hereto (such rights being described hereafter as the “Easement” and the area affected thereby, the “Easement Area”). The Pipeline(s) may be installed pursuant to this Easement at different times and over a period of time. The Pipeline(s) and every part thereof shall, where it crosses Grantor’s property, of which the Easement Area is a part (“Grantor’s Property”) be confined to the Easement Area and shall be constructed by Grantee with sufficient ground cover (i.e., distance between ground surface and top of Pipeline(s)) as shown on the construction plans for the Pipeline(s). The ground cover shall not be changed by any party other than Grantee. Fixtures and appurtenances used or useful in the operation of the Pipeline(s) may be constructed any distance either below or above the ground surface. The Easement includes (a) the right to enter Grantor’s Property to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove the Pipeline(s), fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof; and (b) a reasonable right of access across Grantor’s Property to and from the Easement Area for the purpose of exercising the rights granted herein. Grantor reserves the right to occupy and use Grantor’s Property for any purpose not inconsistent with the rights and privileges above granted and which will not interfere with or endanger the Pipeline(s) or the use thereof. Grantee shall use due care in the construction, operation and maintenance of the Pipeline(s). Grantee, in its exercise of the rights provided by the Easement, shall not be liable to Grantor or parties claiming under Grantor for any damage to or destruction of improvements within the Easement Area installed by Grantor or parties claiming under Grantor. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Doc. No. 050620-4-039 GRANTOR CITY OF PALM DESERT, CALIFORNIA, a Municipal Corporation Date _______________________________ By: __________________________________ Kathleen Kelly Its: Mayor Doc. No. 050620-4-039 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 _________________ ) On , before me, , Notary Public, personally appeared ______________________________________________________, 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) EXHIBIT "A" DOMESTIC WATER EASEMENT AN EASEMENT GRANTED TO COACHELLA VALLEY WATER DISTRICT FOR DOMESTIC WATER PURPOSES OVER A PORTION OF LOT 12, BLOCK R OF PALM DESERT, RECORDED IN BOOK 21, PAGES 50 THROUGH 54, AS DESCRIBED IN THE GRANT DEED RECORDED ON APRIL 24, 2002 AS DOCUMENT NUMBER 2002-213333, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING IN THE SOUTHEAST ONE QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERDIAN, COUNTY OF RIVERSIDE, LOCATED 1N THE CITY OF PALM DESERT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED 1N THE GRANT DEED RECORDED ON APRIL 24, 2002 AS DOCUMENT NUMBER 2002- 213333, SAID POINT BE1NG ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 620.00 FEET TO WHICH A RADIAL BEARS SOIJTH 73°14'29" EAST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAN LUIS REY AVENUE; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O1°40'02", A DISTANCE OF 18.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 75°22' 14" WEST, A DISTANCE OF 15.00 FEET TO AN ANGLE POINT; THENCE, NORTH l4°37'46" EAST, A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; THENCE, SOUTH 75�22' 14" EAST, A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVI�IG A RADIUS OF 620.00 FEET TO WHICH A RADIAL BEARS SOUTH 75°49'S8" EAST, SAID POINT ALSO BEING ON . THE WESTERLY RIGHT OF WAY OF SAN LUIS REY AVENUE; THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°55'27", A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING; ' SAID AREA CONTAINS 150 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. %�`�"�� S�� (y ARMAIJDO M. .4 � MAGANA � * No.8232 * �� Exp.12-31-21 `Q \fi�+� CAL�F�// � 4 t- Armando M. Magana, L.S. DATE: 3/4l21 SHEET 1 OF 1 EXHIBIT "B" DOMESTIC WATER EASEMENT STATE H WY 111 -PALM DESERT ORIVE -� LOT 12 BLOCK R MB 21 /50-54 APN 627-221-010 S75 49'�8.. E �R� SOUTHERLY 50 FEET N0. 2 02� 2133 DOC. __'r APN �:14 z9'E 627-221-011�---�.�R REC. 4/24/2002 O.R. P.O.C. SE COR LOT 13 BLOCK R MB 21 /50-54 APN 627-221-004 LINE TABLE LINE BEARING � LENGTH L1 N75'22'14"W 15.OD' L2 N14'37'46"E � 10.00' ��D S�'QL� ((� ARMANDO M. .L JMAGANA � * No.8232 ,* N� Exp.12-31-21 `Q \��F CAL�F�// r � r�'0�(��3/4/21 ARMANDO M. MAGAN L.S. N0. 8232, EXPIRES 12/31/21 � f � - 30' 30' I \� �aJ \ LOT 1 Q BLOCK S —�� MB 21 /50-54 APN �'W 627-222-053 � � , � �T.P.O.B. C1 LOT 32 BLOCK S MB 21/50-54 APN 627-222-052 CURVE TABLE CURVE RADIUS DELTA �LENGTH C1 (620.00') 1'40'02" ` 18.04' C2 (620.00') 00'S5'27"� � a.00' NORTH i� = ioa' SHEET 1 OF 1 SURVEYOR NOTES: ( ) INDICATES RECORD DATA PER MB 21 /50— 54 T.P.O.B TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT �EASEMENT DEDICATION GRANTED TO COACHELLA VALLEY WATER DISTRICT FOR DOMESTIC WATER PURPOSES Engrrteerirtg, Pfanning, Environmental Sciences and Management Services 78075 Main St. Suite. 203 La Quinta, CA. 92253 Tel. (769) 341-6660 Fax (760} 346-6118 In The City Of Palm Desert, CA EASEMENT DEDICATION OVER A pORTION OF GRANT DEED 2002-213333 [This page has intentionally been left blank.] EL PA SEO ALESSANDRO DR LA RREA ST PALM DESERT DR N ALESSANDRO DR SANLUISREYAVEPRICKLY PEAR LNLARREA STL A R K SP U R L N ALESSANDRO DR PORTOLAAVELARKSPURLNALESSANDRO DR PALM DESERT DR S PALM DESERT DR N PORTOLAAVEALESSANDRO DR PALM DESERT DR N PALM DESERT DR S ALESSANDRO DR EL PA SEO ALESSANDRO DR EL PASEO SANLUISREYAVEPORTOLAAVESANLUISREYAVESAN LUIS REY AVEHWY 111 HWY 111 President's Plaza East & West EL PA SEO ALESSANDRO DR LA RREA ST PALM DESERT DR N ALESSANDRO DR SANLUISREYAVEPRICKLY PEAR LNLARREA STL A R K SP U R L N ALESSANDRO DR PORTOLAAVELARKSPURLNALESSANDRO DR PALM DESERT DR S PALM DESERT DR N PORTOLAAVEALESSANDRO DR PALM DESERT DR N PALM DESERT DR S ALESSANDRO DR EL PA SEO ALESSANDRO DR EL PASEO SANLUISREYAVEPORTOLAAVESANLUISREYAVESAN LUIS REY AVEHWY 111 HWY 111 I EAST VICINITY MAP WEST [This page has intentionally been left blank.] April 8, 2021 - Staff Report PresidenYs Plaza (Project No. 758-14) Grant of Easement to CVWD Page 2 of 2 parking lot along the west side of San Luis Rey Avenue. The relocation necessitates the City dedicating a 150-square foot easement to CVWD over a parcel owned by the City of Palm Desert. Along with the granting of this easement, CVWD requires an ALTA Title Insurance Policy. The title insurance premium is $400, which is to be paid by the City. Fiscal Analvsis Beyond the cost of the ALTA Title Insurance Policy in the amount of $400, there is no additional fiscal impact associated with this action. Funds are available in Account No. 451 4692-44001 00, Capital Bond Funds. LEGAL REVIEW G►/t� DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER slit�ly firestuie �a-w�''!'%i. N7nou �1i��1) ;F1YQSt111L' Robert W. Hargreaves Andy Firestine Janet M. Moore City Attorney Assistant City Manager Director of Finance City Manager, L. Todd Hileman: �. Todd f-Fi,�ev�av�, ATTACHMENTS: Grant of Easement Vicinity Map CTTYCOU]VCIL�CTION APPROVED �� RECEIVED Andy Firestine Assistant City Manager DF,NTF,D OTHER MEET GpA � %�-U�-�,�CI � AYES: I )� Y/l'1.I.I£<R�Yf�'�j�Ar��(�,�—f'�'� NOES: '� ABSENT: �� ABSTAIN: �I/me- � VGRIPIGD BY: �'�� C , Original on File with Ci Icrk's Office