10_0176417RECORDING REQUESTED BY
Stewart Title
WHEN RECORDED RETURN TO:
Attn: James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording charges
under Govemment Code § 6103
12.9821091D8109�0a1 PG1COra
/ v Fs 7Y'coL
PROJECT: 1110 — Indian Avenue Interchange
PARCEL: CI -16
APN: 666- 370 -023
DOC # 2010 -- 0176417
04/16/2010 08:00A Fee:NC
Page 1 of 10
Recorded in Official Records
County of Riverside
Larry W. hard
Assessor, County Clark & Recorder
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a
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, �21g
HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN
COMMON
( "Grantor" herein),
Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation
( "Grantee" herein), and its successors and assigns,
A Temporary Non - exclusive Construction Easement for construction of a road improvement
project by the Grantee (the "Road" herein), in, on, and along the real property situated in the
City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of
Assessor's Parcel Numbers 666 - 370 -023, referenced as Parcel CI -16 and described on Exhibits
"A" and "B" attached hereto and made a part hereof.
Subiect to : Other terms of Temporary Construction Easement Deed and incorporating by
this reference the terms of the Right of Entry and Temporary Construction Easement Agreement
executed by the Parties on even date herewith (hereinafter, the "Deed"):
1. The temporary construction easement, used during construction of the project
consists of approximately twelve thousand nine hundred forty seven (12,847) square feet
referenced as Parcel CI -16 and described on Exhibits "A" and "B" attached hereto and made a
part hereof ("Easement Area ")_
2. A thirty (30) day written notice shall be given to Grantor prior to using the rights
herein granted. The rights herein granted may be exercised for twenty four (24) months from
the thirty (30) day written notice, or until completion of said Road, whichever shall be sooner, at
which time this Deed shall be deemed null and void.
ROW: 1 -10 and Indian Interchange
3. The rights granted herein include the right to enter upon and to pass and repass
over and along the Easement Area, and to deposit tools, implements and other materials
thereon by Grantee, or its successors and assigns, its officers, agents and employees, and by
persons or entities under contract with Grantee, its successors and assigns, wherever and
whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage
Grantor's property in the process of performing such activities. Notwithstanding the foregoing,
Grantor reserves the right to use the Easement Area for vehicle and pedestrian ingress and
egress to Grantor's property during construction of the Indian Avenue and 1 -10 interchange
Project. Such access shall remain open at all times and shall further be convenient and
accessible so that customers of Grantor's business may freely access Grantor's property.
Grantor may place direction signs, 'open for business during construction" signs, and other such
information signs on the Easement Area to direct and inform customers during the construction
work. Grantor further retains the right to access Grantor's sign located on the Easement Area
for purposes of updating the sign with current gas prices and other advertising information.
Grantee shall not block or damage Grantor's sign located on the Easement Area.
4. At the expiration of the Temporary Construction Easement term, Grantee shall
quitclaim its interest in such property to Grantor or Grantor's successor.
5. It is mutually understood and agreed by and between the parties hereto that the
right to enter upon and use Grantor's land includes the right to remove and dispose of real and
personal property located thereon, subject to the provisions of Section 3 hereinabove and
further subject to the following provisions:
a. Permanent closure of the Grantor's existing easterly driveway shall occur
only after completion of construction of the new westerly driveway connection to Grantor's
property from 20th Avenue. The new westerly driveway connection, as depicted on Exhibit 'C',
shall not be changed, and shall be constructed as generally shown in the location thereon.
b. Grantor shall have no responsibility for payment to the City of the cost to
construct any improvements related to the Indian Avenue and 1 -10 Interchange Project
including costs associated with closure of the existing easterly driveway, or construction of the
new westerly driveway.
6. Grantor shall be held harmless from all claims of third persons arising from the
use by Grantee of Grantors' land.
7. Grantor hereby warrants that they are the owners of the property described
above and that they have the right to grant City permission to enter upon and use the land.
8. Any notice, payment or instrument, or other documents required or permitted to
be given or delivered may be given or delivered by personal delivery or by depositing the same
in any United States mail depository, first class postage prepaid, and addressed as follows:
If to Grantor Henry Olivier and Ileana Vscal- Olivier
PO Box 9493
San Berardino, CA 92427
Phone Number: (909) 880 -1146
If to Ci COUNTY OF RIVERSIDE
Economic Development Agency
ROW. 1 -10 and Indian Interchange
Real Estate Division
3403 10" Street
Riverside, California 92$01
Attention: Craig Olsen
Real Property Agent
Phone Number: (951) 9554840
Fax (951) 955 -4837
E -mail address: CAOlsen @rivcoeda,org
With a Copy To: CITY OF PALM SPRINGS
Department of Public Works & Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attention Marcus Fuller
Assistant Director
Phone Number. (760) 323 -8253
Fax: (760) 322 -8325
E -mail address: Marcus .Fuller @palmsprings- ca.gov
Or such other person or address as either party may direct in writing to the other, provided,
however, that such new or different person or address shall not become effective until
acknowledged in writing by the party to who directed. Except where service is by personal
delivery or by registered or certified mail, return receipt requested, service of any instrument or
writing shall be deemed completed forty eight (48) hours after deposit in a United States mail
depository.
9. Each Grantor and City affixing his or her signature to this Temporary
Construction Easement Deed warrants and represents by such signature that he or she has the
full legal authority to bind his or her respective party to all of the terms, conditions, and
provisions therein, that his or her respective party has the full legal right, power, capacity and
authority to enter into this Deed and perform all of its provisions and obligations, and that no
other approvals or consents are necessary in connection therewith.
10. This Temporary Construction Easement Deed together with the Right of Entry
and Temporary Construction Easement Agreement entered into between the parties dated
dbV 3,, dwoq , contain the entire understanding of the parties herein and supersede
any and all other written or oral understandings as to those matters contained therein, and no
prior oral or written understanding shall be of any force or effect with respect to those matters
covered thereby. This Deed shall be construed and interpreted with and shall be governed and
enforced in all respects according to the laws of the State of California and as if drafted by both
Grantor and City. No amendment, change or modification of this document shall be valid unless
in writing, stating that it amends, changes or modified this Deed, signed by all of the parties
hereto. No provision contained shall be construed against the City solely because it prepared
this Deed in its executed form.
11. This Deed and the provisions contained herein shall be binding upon and inure to
the benefit of Grantor, City, and their respective heirs, executors, administrators, personal
representatives, successors and assigns.
12. If any term, covenant, condition or provision of this Deed is held by a court of
competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the
ROW: 1 -10 and Indian Interchange
provisions herein shall remain in full force and effect and shall in no way affect, impair, or
invalidate any other terms, covenant, condition or provision contained in the Deed.
13. Each of the parties hereto shall execute and deliver any and all additional
papers, documents or other assurances and shall do any and all acts and things reasonably
necessary in connection with the performance of their obligations hereunder and to carry out the
intent of the parties hereto.
14. Grantor, their assigns and successors in interest shall be bound by all the terms
and conditions contained in this Deed, and all the parties thereto shall be jointly and severally
liable thereunder.
15. Time is of the essence of this Deed. Failure to comply with any requirement,
including but not limited to any time requirement, of this Deed shall constitute a material breach
of this Deed.
16. Subject to any other provision stated herein, in any action or proceeding between
the parties hereto seeking interpretation or enforcement of any of the terms and provision of this
Deed or in connection with the Easement Area, the prevailing party in such action or proceeding
shall be entitled to have and to recover from the other party its reasonable attorney's fees and
other reasonable expenses in connection with such action or proceeding in addition to its
recoverable court cost.
[SIGNATURE PAGE FOLLOWS]
ROW: 1-10 and Indian Interchange
Dated: 1 Lo 3 l Zma 9
GRANTOR:
HENRY OLIVIER AND ILEANA VISCAL-
OLIVIER, HUSBAND AND WIFE AS
TENANTS I COMMON
By: !
Henry Olivier
Ileana Viscal- Olivier
CITY OF PALM SPRINGS, a municipal corporation
By: �.
David H. Ready, City Ma
ATTEST:
By:
mes Thompson, City Clerk
APP VED AS TO FORM:
WOOF 1FF, j RADLIN &.
By:
C.kiollanV City Attorney
5
ROW: 1 -10 and Indian Interchange
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
) ss
COUNTY OF Z vPJV (c�.L )
On tAIN. 3,�"YbUq , before me, Offykc�IL e t� t✓ , Notary Public, personally
appeared v i ev a I - D r , who proved to me on the
basis of satisfactoq evidence to be the person(s) whose name(s) Ware subscribed to the within
instrument and acknowledged to me that Wshe /they executed the same in hie/he/their
authorized capacity(ies), and that by h4hef /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.
CMICE E. ETTER
WITNESS m hand and official seal. COMM. #1752098 z
x Ride C J* fftwWrid o
Signature L W !kt (larva fa ft Fed 26, 2012
My Commission Expires: TC h. 2U I This area for official notarial seat
ROW: 1.10 and Indian Interchange
EXF41811' "A"
INDIAN AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL CI -16
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION
OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF LOT "C' OF PARCEL MAP 19073, AS
SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS
OF SAID COUNTY;
THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO
THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86-
171822, OFFICIAL RECORDS OF SAID COUNTY N.45 03'24"W., 117.064 METERS TO THE
EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY,
RECORDED AUGUST 25, 1964 AS DOCUMENT NO. 104165, OFFICIAL RECORDS OF SAID
COUNTY;
THENCE ALONG SAID EASTERLY LINE N.00 17.935 METERS;
THENCE LEAVING SAID EASTERLY LINE N.89 °58'20'E., 3.788 METERS;
THENCE 6.00 15.775 METERS;
THENCE S.45 41.000 METERS;
THENCE N.44 °56'36'E., 10.000 METERS;
THENCE S.45 60.940 METERS TO THE WESTERLY LINE OF PARCEL 1 OF SAID
PARCEL MAP 19073;
THENCE ALONG SAID WESTERLY LINE OF PARCEL 1 S.00 19.923 METERS TO
THE POINT OF BEGINNING.
CONTAINING 1202.8 SO. METERS, 12,947 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT "B' ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON
THE CALIFORNIA COORDINATE SYSTEM OF 1 983, ZONE 6. MULTIPLY DISTANCES
SHOWN BY 1.00002594 TO OBTAIN GROUND (DISTANCES,
kl 1/ 0z A
mict4AEL A. HAVENER, PLS 7354 DA YE
EXP. 12 -31 -09
THIS DCtC'UMENT REVIEWED BY
RIVER `DE COUNTY SURVEYOR.
BY:
DATE: /x a
Page 1 of 1
} � D SU
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E 1213"
ft mu /Q
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W J/2
T, J J, rl �f
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NE'LY UNE OF DEED TO
STATE OF CALIFORNIA
REC. JAN. 12, 1966 AS
INSTR. N0. 3948 O.R.
EXP. 31 DEC 09
CAI.
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
E'LY UNE OF PROPERTY
DESCRIBED IN DEED TO
SHED_ OIL CO. REC.
AUGUST 25, 1964 AS
DOC. NO. 104165 O.R.
TABULATED UKE DATA
UNE
BEARING
LENGTH
L1
N 0020'35" E
17.935 m
L2
N 89'58'20' E
3.788 m
L3
S 0025'03' W
15.775 m
L4
N 44'56'36 E
10.000 m
L5
S 00'24'04` W
19.923 m
r) 100/79
rx1J�
APN 686 -370 --023
PAR{;EL q -
/ NETY LINE OF DEED TO
F THE COUNTY OF RIVERSIDE
REC. JULY 22, 1986 AS
DOC. NO. 86- 171822 Q.R.
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Q yIlyc' \ \
THIS DOCUMENT REVIEWED BY
RIVERSIDE COUNTY SURVEYOR.
BY:
DATE: 1A
LEGEND
P.O.B.
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Ir NA P.O.B.
MOST WILY
Cam. LOT 'C'
PER Phi 134/
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�r •
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 12028 SO, METERS (12,947 SQUARE FEET)
POINT OF BEGINNING
DISTANCES ARE IN METERS UNLESS
OTHERWISE NOTED. MULnPLY DISTANCES
BY 1,00002594 TO OBTAIN GROUND
DISTANCES.
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COUNTY OF RIVERSIDE f PAR. NO.: 0 -16
PREPARED BY: KA/MH
PROJECT: 1 10,4NDIAN AVENUE. INTERCHANGE SCALE; NOT TO SCALE
DATE: 11 - 23-09 1 SHEET I O F 1
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City of Palm Springs
Office of the City Clerk
3200 F. Tahquitz Canyon \ av • Palm Springs, Ca)ilornia 92262
Tel: (760) 323 -$204 ` Fax: (760) 322 -5332 • Web: www-palmsprings- ea.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
TEMPORARY CONSTRUCTION EASEMENT DEED
APN 666- 370 -023
dated: November 3, 2009
from,
Henry Olivier and Ileana Viscal -Olivier,
Husband and Wife as Tenants in Common
Grantor, to the City of Palm Springs, a municipal corporation and charter city,
Grantee, is hereby accepted by the City Cleric of said City of Palm Springs, on this
9 day of November, 2009, pursuant to authority granted by the City Council of
said City, by Resolution No. 20255 made on the 16th day of January, 2002, and
the Grantee consents to recordation thereof by the City Clerk, its duly authorized
officer.
Dated at Palm Springs, California, this 9 day of November, 2009. ,
?es Tho mpson rk
Posi Office Box 2743 • Palm Springs, California 92263 -2743