HomeMy WebLinkAboutLand Exchange w-CVWD for Fred Waring Dr Widening Project CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL OF LAND EXCHANGE BETWEEN
CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT
AGENCY AND THE COACHELLA VALLEY WATER DISTRICT
FOR FRED WARING DRIVE WIDENING PROJECT - SAN
PASCUAL AVENUE TO DEEP CANYON ROAD
APPLICANT: COACHELLA VALLEY WATER DISTRICT
P.O. BOX 1058
COACHELLA, CA 92236
DATE: MAY 24, 2001
CONTENTS: AGREEMENT OF EXCHANGE AND ESCROW INSTRUCTIONS
WITH EXHIBITS "A" THROUGH "F"
SITE PLAN
Recommendation:
By Minute Motion, that City Council and Redevelopment Agency Board:
1. Open and conduct a hearing regarding the proposed exchange of
approximately 6,420 square feet of land owned by the City of Palm
Desert and the Palm Desert Redevelopment Agency for
approximately the same square footage of land currently owned by
the Coachella Valley Water District (CVWD);
2. Receive from staff the evidence contained in this report;
3. Take testimony from any person wishing to be heard on this issue;
4. Consider all evidence to determine whether the proposed land
exchange is appropriate; and
5. Approve the exchange of said land in light of evidence and testimony
presented.
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•
Staff Report
Fred Waring Drive Widening Project - Land Exchange
May 24, 2001
Page 2
Executive Summary:
Approval of the staff recommendation will allow CVWD to locate a future well site just west
of its presently proposed location, such that access is available from San Pascual Avenue
rather than Fred Waring Drive. Rejection of the recommendation would require that CVWD
receive compensation from the City for the land that it now owns on Fred Waring Drive and
that is required for the Fred Waring Drive Widening Project, would interrupt the planned
stretch of landscaping on the north side of Fred Waring Drive with a new well site and
would leave access to the well site from a busy six lane arterial street once Fred Waring
Drive is widened.
Background:
The widening of Fred Waring Drive will severely impact two undeveloped lots owned by
CVWD on Fred Waring Drive between San Pascual Avenue and Portola Avenue. These
lots are owned by CVWD for construction of a new well site just east of San Pascual
Avenue. As CVWD prepared their plans for developing the well site and as the City
prepared the plans for widening of Fred Waring Drive, it became evident that the best
interest of both parties would be served by working cooperatively together to situate the
future well site where it would be most beneficial to all concerned.
By exchanging land owned by the City and Agency for an equal amount of land owned by
CVWD, the future well site can be situated such that the traffic impacts are minimized and
the aesthetic result is maximized. The proposed configuration will exchange portions of
two parcels currently owned by CVWD (APNs 622-200-018 and 019)for portions of parcels
currently owned by the City of Palm Desert (APN 622-200-060) and the Palm Desert
Redevelopment Agency (APN 622-200-020). This will allow the landscaping proposed for
the north side of Fred Waring Drive to continue uninterrupted from 120 feet east of San
Pascual Avenue to Portola Avenue. It will also allow CVWD to access their well site from
San Pascual Avenue rather than from Fred Waring Drive,which experiences much heavier
traffic volumes.
On April 26, 2001 , the City Council authorized a similar exchange of land between CVWD
and the City of Palm Desert to accommodate the existing Well Site 5661 at the northeast
corner of Portola Avenue and Fred Waring Drive. Approval of the proposed land exchange
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Staff Report
Fred Waring Drive Widening Project - Land Exchange
May 24, 2001
Page 3
will conclude land acquisition on the north side of Fred Waring Drive for the widening
project from San Pascual Avenue to Deep Canyon Road. Legal descriptions and site plans
of the parcels proposed for exchange are attached to this report.
Submitted by:
Lauri Aylaian Api>1.-6A4 BY RDA
Project Administrator
ON y-01
mh VERIFIED BY £�.3
Approval: Original on file with City Clerk's Office
i �-
Director of edevelopment
CITY COUNCILTION:
City Manager Executive DirectorAppROVED DENIED
RECEIVED OTHER
MEETI1 DATE
NOES: �AYES: ')M n� c D u Ax 1/ .Q (a.4�..�
ABSENT: :¢.,, J �7
ABSTAIN: �ru1L
VERIFIED BY: -54eal 4, Avb
Original on File with C y ,Clerk's Office
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AGREEMENT OF EXCHANGE
AND ESCROW INSTRUCTIONS
THIS EXCHANGE AGREEMENT AND ESCROW INSTRUCTIONS (the
"Agreement") is made and entered as of the day of , 2001 by and
between the City of Palm Desert, a California municipal corporation ("City"), the Palm
Desert Redevelopment Agency ("Agency"), a public body, corporate and politic, and the
Coachella Valley Water District, a California public agency ("CVWD").
RECITALS
A. City is the owner of the fee simple title to that certain real property identified
as Assessor's Parcel Number 624-200-060 located in Riverside County, California,
more particularly described in Exhibit "A", attached hereto and incorporated herein by
this reference, and more commonly known as 73-760 Fred Waring Drive, Palm Desert,
California (the "City Property").
B. The Agency is the owner of the fee simple title to that certain real property
identified as Assessor's Parcel Number 624-200-020 located in Riverside County,
California, more particularly described in Exhibit "B", attached hereto and incorporated
herein by this reference (the "Agency Property").
C. CVWD is the owner of the fee simple title to those certain real properties
identified as Assessor's Parcels Number 622-200-018 and 622-200-019 located in
Riverside County, California, more particularly described in Exhibit "C", attached hereto
and incorporated herein by this reference, (the "CVWD Property").
D. The City Property, Agency Property, and CVWD Property are adjacent
parcels.
E. The City has determined that it must acquire title to a portion of the CVWD
Property (the "CVWD Portion") pursuant to its plan for widening Fred Waring Drive (the
"Fred Waring Widening"), which portion is more particularly described in Exhibit "D",
attached hereto and incorporated herein by this reference.
F. The City has determined that the remainder of the City Property left after
the Fred Waring widening (the "City Portion"), more particularly described in Exhibit "E",
attached hereto and incorporated herein by this reference, will not be adequate in size
or suitably situated for the construction of residence, and is not required for any other
purpose that might benefit the City.
G. The Agency has determined that the remainder of the Agency's property
left after the Fred Waring Widening (the "Agency Portion") more particularly described in
Exhibit "F", attached hereto and incorporated herein by this reference, will not be
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adequate in size or suitably situated for the construction of a residence, and is not
required for any other purpose that might benefit the City.
H. CVWD desires to acquire title to the City Portion and Agency Portion in
exchange for the CVWD Portion, and the City desires to acquire title to the CVWD
Portion in an exchange for the City Portion and Agency Portion.
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements contained herein, the parties hereto do hereby agree as follows:
AGREEMENT
1 . Exchange. At the Close of Escrow (defined herein below), the City and
Agency agree to convey the City Property and Agency Property to CVWD and CVWD
agrees to convey the CVWD Portion to City.
2. Use of the Terms "Seller", "Buyer" and "Property". Because this is an
agreement to exchange properties (and other consideration), for purposes of this
Agreement: the term "Seller" shall refer to the party conveying title, in context; the term
"Buyer" shall refer to the party receiving title, in context; and the term "Property" shall
refer to the City Property or the CVWD Property and Agency Property, in context.
3. Property Values. The parties hereby agree, for purposes of this
Agreement, that the CVWD Portion and the City and Agency Portion are each
approximately 6,420 square feet in size and that the property value of each the City and
Agency Portion and CVWD Portion is approximately $38,500.
4. Title and Title Insurance. Seller shall convey by grant deed good and
marketable fee simple title to the Property (the "Grant Deed") to Buyer at the Close of
Escrow. Seller shall provide Buyer with an Owner's CLTA Standard Coverage Policy of
Title Insurance (the "Policy") in a policy amount equal to the Property Value issued by
Stewart Title Company or another title company mutually acceptable to the parties (the
"Title Company") showing title vested in Buyer and/or assignee in the condition required
by this Agreement.
5. Conditions of Purchase. Buyer's obligation to perform this Agreement and
acquire the Property shall be subject to the satisfaction of the following conditions,
which are for Buyer's benefit only. In the event any of the following conditions are not
satisfied within the specified time limit(s), Buyer may, at its sole option and discretion,
either waive such conditions or terminate this Agreement. If Buyer elects to terminate
this Agreement pursuant to this section, Buyer shall pay any escrow fees and
cancellation expenses incurred, and both parties shall be relieved from any liabilities or
obligations under this Agreement.
5.1 Approval of Title. Title to the Property shall be in the condition
required by this Agreement as of Close of Escrow. At Close of Escrow, the Policy shall
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show as exceptions only the following: (i) the standard printed exceptions set forth in
the title policy; (ii) general and special real property taxes and assessments, if any, for
the current fiscal year, a lien not yet due and payable; (iii) covenants, conditions,
restrictions, and public utility easements of record, if any; and (iv) any other exception
created or consented to in writing by Buyer.
Within 15 (fifteen) days after the Opening of Escrow, Seller shall obtain
and provide to Buyer a current preliminary title report ("Prelim") disclosing the status of
title to the Property. In the event that Buyer, within 20 (twenty) days following receipt of
the Prelim, objects in writing to any exceptions disclosed therein which, in Buyer's sole
discretion, adversely affect Buyer's intended use of the Property, Seller shall, without
warranty, and without obligation to expend any funds or provide other consideration,
use commercially reasonable efforts to cure such title discrepancy. In the event Seller
is unable, within 20 (twenty) days following written objection from Buyer, to cause any
such title discrepancy to be removed, Buyer shall have the right to terminate this
Agreement and all rights and obligations hereunder.
5.2 Inspections. Buyer and its designated agents, contractors and
employees shall have the right to physically inspect the Property and to conduct tests
and inspections, including, without limitation, biological, geological and environmental
assessments (hereinafter collectively "Inspections") on the Property. All Inspections
shall be done at the Buyer's sole cost and expense. Upon completion of such
Inspections, Buyer shall repair any damage that it may cause to the Property.
Buyer shall have the right, in its sole discretion, to approve or disapprove
the Property based upon the Inspections and existing reports and studies within thirty
(30) days from the Opening of Escrow. In the event Buyer so disapproves the Property,
this Agreement shall terminate, Buyer shall pay any escrow fees and cancellation
expenses incurred, and both parties shall be relieved from any liabilities or obligations
under this Agreement. In the event Buyer does not so disapprove within the thirty (30)
day period, this condition shall be deemed waived.
6. Escrow. The exchange and sale of the Properties shall be completed
through an escrow ("Escrow") to be opened with Stewart Title Company or another
escrow company mutually acceptable to the parties (the "Escrow Holder").
6.1 Opening. Within two (2) days after the mutual execution of this
Agreement, City and Agency or CVWD shall deposit with the Escrow Holder one fully
executed counterpart of this Agreement, which shall constitute the Escrow instructions
(the "Escrow Instructions"). The date of delivery to Escrow Holder of such fully
executed counterpart shall be deemed the Opening of Escrow ("Opening of Escrow")
and Escrow Holder shall notify City, Agency and CVWD in writing of the Opening of
Escrow date, the date set for Close of Escrow and its acceptance of the Escrow
Instructions.
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6.2 Closing. Escrow shall close, if at all, on or before sixty (60) days
after the Opening of Escrow. Close of Escrow shall be when the Grant Deeds to Buyers
are both delivered and recorded in the Official Records of the County of Riverside (the
"Close of Escrow").
6.3 Costs. City shall pay all escrow costs and charges normally
incurred in an escrow closing in Riverside County, including without limitation the
escrow fee and the premium for the Policy to be delivered to Buyer, unless otherwise
provided by this Agreement. Seller shall, additionally, pay any extraordinary escrow
costs incurred by or on behalf of Seller, including, without limitation, any costs relating to
reconveyance of monetary liens on the Property.
6.4 Prorations. Current real property taxes, bonds and assessments, if
any, shall be prorated at the Close of Escrow on the basis of a thirty (30) day month.
6.5 Additional Documents. Buyer and Seller shall execute such
additional escrow instructions as Escrow Holder may reasonably require to act as
Escrow Holder, but in no event shall said additional escrow instructions increase the
rights of one party against the other party hereto or modify the terms and conditions of
this Agreement.
6.6 Possession. Seller shall deliver possession of the Property to
Buyer upon the Close of Escrow. Seller represents and warrants that Seller is aware of
no tenants or occupants of the Property.
6.7 Delivery of Documents and Funds. City, Agency and CVWD shall
each deliver the Grant Deeds, a Certificate of Non-Foreign Status and any additional
documents required from Seller, together with any funds required to close Escrow to
Escrow Holder at least one (1) business day prior to the Close of Escrow.
7. Right of Entry. Buyer and its designated agents, contractors and
employees are hereby granted the right, immediately and at all times during the
pendency of Escrow, to enter on the Property for the purpose of conducting fair market
value appraisals, physical inspections, toxic investigations and such biological studies
and surveying work as Buyer, in its sole discretion, deems necessary and appropriate.
Buyer shall provide Seller reasonable notice prior to any such entry. Buyer agrees to
keep the Property free from all liens and to indemnify, defend and hold Seller harmless
from all loss, liability, damage, cost and expense (including, but not limited to, attorneys'
fees and costs) incurred, suffered by, or claimed against Seller by reason of any actual
damage to the Property or injury to persons or Property caused by Buyer, its agents,
contractors, or employees in exercising this right of entry. The aforesaid indemnity shall
survive the Close of Escrow or any termination of this Agreement.
8. Seller's Representations and Warranties. Seller hereby makes the
following representations, warranties, and acknowledgments and agrees that such
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representations, warranties and acknowledgments shall be true as of the Close of
Escrow and shall survive the Close of Escrow.
8.1 Seller has full right, power and authority to execute this Agreement
and to convey fee simple title to the Property to Buyer as provided herein.
8.2 All the documents executed by Seller which are to be delivered to
Buyer at the Close of Escrow will be duly authorized, executed and delivered by Seller
and will be legal, valid and binding obligations of Seller enforceable against Seller in
accordance with their respective terms (except to the extent that such enforcement may
be limited by applicable bankruptcy, insolvency, moratorium and other principles relating
to or limiting the rights of contracting parties generally) and will not violate any
provisions of any agreement to which Seller is a party or to which it is subject.
8.3 Seller has no actual knowledge of any existing or claimed
management agreements, maintenance agreements, service contracts, leases, rental
agreements or other contracts or arrangements affecting the Property that will survive
the Close of Escrow, or of any existing or claimed liens, encumbrances or other matters
affecting title to the Property that are not of record.
8.4 Prior to the Close of Escrow or the termination of this Agreement by
Buyer in accordance with the terms herein, Seller shall not execute any option, lease,
escrow instructions, sale contracts, or other agreements or instruments giving any other
party any right of ownership, possession, or use of the Property or any part thereof, or
further encumber the Property or any part thereof.
8.5 Seller has no actual knowledge of the existence of (i) any
underground tanks or of any toxic substances or hazardous materials or wastes (as
those terms are defined under any federal, state or local laws or regulations) located on
or about the Property, or (ii) any reports or studies evaluating or disclosing the existence
of any such tanks, substances or materials on or about the Property.
8.6 Seller is not a foreign person under Section 1445 Internal Revenue
Code and will execute a Certificate of Non-Foreign Status and deposit same into the
Escrow prior to Close of Escrow.
8.7 Seller has no actual knowledge of any violations or alleged
violations of any federal, state, county or other governmental or quasi-governmental
law, statute, ordinance, regulation or administrative or judicial order with respect to the
Property.
8.8 This Agreement has been duly executed by Seller and constitutes
the valid and binding agreement of Seller enforceable against Seller in accordance with
its terms.
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8.9 Seller hereby agrees to waive all claims for loss of goodwill,
severance damages, or any other compensation or relocation benefits or assistance to
which Seller might otherwise be entitled or claim to be entitled as a result of the
acquisition of the Property by a governmental agency.
9. Buyer's Representations and Warranties. Buyer hereby makes the
following representations, warranties and acknowledgments, and agrees that such
representations, warranties and acknowledgments shall be true as of the Close of
Escrow and shall survive the Close of Escrow.
9.1 Buyer hereby represents and warrants that the person executing
this Agreement has the full authority and power to enter into this Agreement on behalf of
Buyer to acquire the Property from Seller, and to take all actions required of it by the
terms of this Agreement.
9.2 All the documents executed by Buyer which are to be delivered to
Seller at the Close of Escrow will be duly authorized, executed, and delivered by Buyer
and will be legal, valid, and binding obligations of Buyer enforceable against Buyer in
accordance with their respective terms (except to the extent that such enforcement may
be limited by applicable bankruptcy, insolvency, moratorium and other principles relating
to or limiting the rights of contracting parties generally), and will not violate any
provisions of any agreement to which Buyer is a party or to which it is subject.
9.3 This Agreement has been duly executed by Buyer and constitutes
the valid and binding agreement of Buyer enforceable against Buyer in accordance with
its terms.
10. Notices. All notices, requests, demands, and other communications
hereunder shall be in writing and shall be delivered in person or sent by registered or
certified mail, postage prepaid, commercial overnight courier with written verification of
receipt or by telecopy. A notice shall be deemed given: (a) when delivered by personal
delivery (as evidenced by the receipt); (b) two (2) business days after deposit in the mail
if sent by registered or certified mail; (c) one (1) business day after having been sent by
commercial overnight courier as evidenced by the written verification of receipt; or (d)
on the date of confirmation if telecopied. Notices shall be addressed as set forth below,
but any addressee may change its address by written notice in accordance herewith.
CITY: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Carlos L. Ortega, City Manager
AGENCY: Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260
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Attn: Carlos L. Ortega, Executive Director
CVWD: Coachella Valley Water District
Post Office Box 1058
Coachella, CA 92235
Attn: Tom Levy
ESCROW: Stewart Title Co.
44-350 Monterey Avenue
Palm Desert, California 92260
Attn: Betty Kirby
11. Brokers and Finders. Buyer and Seller warrant that the execution of
this Agreement was not induced or procured through any person, firm, or corporation
acting as a broker or finder. Each party agrees to indemnify and hold the other
harmless from and against any damage, liability or cost, including without limitation,
reasonable attorneys' fees, arising from or in connection with any claim by any other
person, firm, or corporation based upon their having acted as broker or finder for or in
connection with this transaction on behalf of such party.
12. General Provisions.
12.1 Entire Agreement. This Agreement (including Exhibits attached)
constitutes the entire agreement and understanding between the parties with respect to
the subject matter contained herein, and supersedes any prior agreement and
understanding about the subject matter hereof. This Agreement may be modified or
amended by a written instrument executed by Seller and Buyer and deposited with
Escrow Holder.
12.2 Time is of the Essence. Time is of the essence of this Agreement
and the Escrow described herein, notwithstanding any provision to the contrary in the
Escrow company's general Escrow instructions.
12.3 Headings. The subject headings of the sections and paragraphs of
this Agreement are included for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions.
12.4 Counterparts. This Agreement may be executed in any number of
counterparts each of which shall be deemed an original and all of which together shall
constitute but one and the same instrument.
12.5 Successors and Assigns. Each covenant and condition contained
in this Agreement shall inure to the benefit of and be binding on the parties to this
Agreement and their respective heirs, executors, administrators, personal
representatives, successors and assigns.
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12.6 Attorneys' Fees: Costs of Litigation. If any legal action or any other
proceeding is brought for the enforcement of this Agreement, or because of an alleged
dispute, breach, default, or misrepresentation in connection with any of the provisions of
this Agreement, the successful or prevailing party or parties shall be entitled to recover
reasonable attorneys' fees and other costs incurred in that action or proceeding, in
addition to any other relief to which it or they may be entitled, including the fees and
costs incurred in enforcing any judgment which may be obtained in said action.
12.7 Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
CVWD:
COACHELLA VALLEY WATER DISTRICT
By:
Its:
CITY:
ATTEST: CITY OF PALM DESERT,
a California municipal corporation
By: By:
Sheila R. Gilligan, City Clerk Its:
ATTEST: AGENCY:
PALM DESERT REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
Sheila R. Gilligan, Secretary
By:
Its:
G:\RDA\Lauri Aylaian\Fred Waring Widening\CVWD Agreement.doc 8 05/16/2001
STATE OF CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
On , 2001 , before me a 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 executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
On , 2001 , before me a 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 executed the instrument.
WITNESS my hand and official seal.
Notary Public
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EXHIBIT "A"
CITY PROPERTY
LEGAL DESCRIPTION
The land referred to herein is situated in the County of Riverside, State of California,
and is described as follows:
LOT(S) 21 OF PALMA VILLAGE UNIT NO. 10, AS SHOWN BY MAP ON FILE IN
BOOK 22 PAGE(S) 17 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF PALM
DESERT, BY DEED RECORDED AUGUST 17, 1984 AS INSTRUMENT NO. 180715
OF OFFICIAL RECORDS.
End of Legal Description.
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EXHIBIT "B"
AGENCY PROPERTY
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 20 OF PALMA VILLAGE UNIT NO. 10, AS SHOWN BY MAP ON FILE IN BOOK
22 PAGE 17 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
G:IRDAILauri Aylaian\Fred Waring Widening\CVWD Agreement.docl 1
EXHIBIT "C"
CVWD PROPERTY
LEGAL DESCRIPTION
PARCEL 1:
LOT(S) 18 OF PALMA VILLAGE UNIT NO. 10, AS SHOWN BY MAP ON FILE IN
BOOK 22 PAGE(S) 17 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL 2:
LOT(S) 19 OF PALMA VILLAGE UNIT NO. 10, AS SHOWN BY MAP ON FILE IN
BOOK 22 PAGE(S) 17 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
G:IRDA'V aur,Aylaian\Fred Waring Widening\CVWD Agreement.docl
EXHIBIT "D"
DESCRIPTION OF CVWD PORTION
(Attached)
G:1RDA\Lauri Aylaian\Fred Waring Widening\CVWD Agreement.docl 1
Coast Surveying, Inc.
April 25,2001
PARCEL 1
THOSE PORTIONS OF LOTS 18 AND 19 OF PALMA VILLAGE UNIT NO. 10 IN THE CITY OF
PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 22 PAGE 17 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT AND THE NORTHERLY LINE OF SAID LOT 18 NORTH
89°51'45" EAST 107.92 FEET; THENCE SOUTH 00°09'25" WEST 60.00 FEET TO A LINE
PARALLEL WITH AND 60 FEET SOUTHERLY OF SAID NORTHERLY LINE; THENCE ALONG
SAID PARALLEL LINE SOUTH 89°51"45" WEST 107.91 FEET TO THE WESTERLY LINE OF
SAID LOT 19; THENCE ALONG SAID WESTERLY LINE NORTH 00°08'45" EAST 60.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 6475 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
AND
DATED THIS 25TH DAY OF APRIL, 2001. ��,� p DEL (i�(.)
•= r-
GWEN-VERA DEL CASTILLO, PLS 5108 ,* L.S. 5108 ° T
•
REGISTRATION EXPIRES 6/30/03 r• EXP. 6/30/03
9J,
JN 101006(622-200-018&622-200-019)
EXHIBIT "E"
DESCRIPTION OF CITY PORTION
(Attached)
G:IRDALLaun AylaianlFred Waring Wldening\CVWD Agreement.docl 1
Coast Surveying, Inc.
April 25,2001
PARCEL 1
THOSE PORTIONS OF LOTS 20 AND 21 OF PALMA VILLAGE UNIT NO. 10 IN THE CITY OF
PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 22 PAGE 17 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 20; THENCE ALONG THE
EASTERLY LINE OF SAID LOT SOUTH 00°08'45" WEST 60.00 FEET TO A LINE PARALLEL
WITH AND 60.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°51'45" WEST 99.99 FEET TO THE BEGINNING OF
A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE
WESTERLY, NORTHWESTERLY AND NORTHERLY 31.52 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°17'40" TO A LINE PARALLEL WITH AND 35.00 FEET
EASTERLY OF THE CENTERLINE OF SAN PASCUAL AVENUE; THENCE ALONG SAID
PARALLEL LINE NORTH 00°09'25" EAST 39.90 FEET TO THE NORTHERLY LINE OF SAID
LOT 21; THENCE ALONG SAID NORTHERLY LINE AND THE NORTHERLY LINE OF SAID
LOT 20 SOUTH 89°51'45"WEST 120.08 FEET TO THE POINT OF BEGINNING.
CONTAINING 7118 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
LAND
DATED THIS 25TH DAY OF APRIL, 2001. c.,(cr GWEN-VERA DEL CASTILLO, PLS 5108 ( DEL
" L.S. 5108 0
REGISTRATION EXPIRES 6/30/03 �+\EXP. 6/30/03 Q
9J\
FOF CAO,
f
JN 101006(622-200-020&622-200-060)
EXHIBIT "F"
DESCRIPTION OF AGENCY PORTION
(Attached)
G:IRDA\Lauri Aylaian\Fred Waring Widening\CVWD Agreement.doci 1
Coast Surveying, Inc.
April 25,2001
PARCEL 1
THOSE PORTIONS OF LOTS 20 AND 21 OF PALMA VILLAGE UNIT NO. 10 IN THE CITY OF
PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 22 PAGE 17 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 20; THENCE ALONG THE
EASTERLY LINE OF SAID LOT SOUTH 00°08'45" WEST 60.00 FEET TO A LINE PARALLEL
WITH AND 60.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°51'45" WEST 99.99 FEET TO THE BEGINNING OF
A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE
WESTERLY, NORTHWESTERLY AND NORTHERLY 31.52 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°17'40" TO A LINE PARALLEL WITH AND 35.00 FEET
EASTERLY OF THE CENTERLINE OF SAN PASCUAL AVENUE; THENCE ALONG SAID
PARALLEL LINE NORTH 00°09'25" EAST 39.90 FEET TO THE NORTHERLY LINE OF SAID
LOT 21; THENCE ALONG SAID NORTHERLY LINE AND THE NORTHERLY LINE OF SAID
LOT 20 SOUTH 89°51'45"WEST 120.08 FEET TO THE POINT OF BEGINNING.
CONTAINING 7118 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
�AND
DATED THIS 25TH DAY OF APRIL, 2001. cc) 0EL C4pL
rk CAA7,)h-
GWEN-VERA DEL CASTILLO, PLS 5108
• L.S. 5108 •
REGISTRATION EXPIRES 6/30/03 EXP. 6/30/03 Q
e OF A�\co�?
C
f
JN 101006(622-2G0-020&622-200-060)
z •
OWNED BY CVWD(TO BE GIVEN TO CITY
•
W -
co• Trim
NEW WELL SITE �. z
z
40'
L
44-- OWNED BY AGENCY(TO BE GIVEN TO CVWD)
OWNED BY CITY(TO BE GIVEN TO CVWD)
0
in
N00'09'25"E _
SAN PASCUAL AVENUE
O DELTA RADIUS LENGTH
1 90' 17' 40' 20. 00' 31, 5a'
JOB #: 101-006
DATE: 4/25/01 EXHIBIT B COA ST SURVEYING, INC.
SCALE: 1"=50' PARCEL 1 2681 DOW AVENUE, SUITE A
SHEET 1 OF 1 APN 622-200-060 & 622-200-020 TUSTIN, CALIFORNIA 92780-7244 (714) 734-0184