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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 111111111111111111111111111111111111111111111111111111 S I R U PAGE SIZE CA MISC LONG RFD COPY M A L 455 426 PCOR NCOR SM NC El UNI VoJ I T: CTY 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 4�" A E 1213" ft mu /Q F W J/2 T, J J, rl �f l , , 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. .y o Q yIlyc' \ \ THIS DOCUMENT REVIEWED BY RIVERSIDE COUNTY SURVEYOR. BY: DATE: 1A LEGEND P.O.B. N� �S F t� 1 >=L1 � Ir NA P.O.B. MOST WILY Cam. LOT 'C' PER Phi 134/ ��' "Ir \ �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. kRl � 1 \ 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 • i I f4� �,v x 46 ....... ....... -11P 1� ��'�/ � / •;� � f// a `�'\ \�`�� �'�,e'`. owl ILJ 4 on x I .Aw 9L sv �,v x 46 ....... ....... -11P 1� ��'�/ � / •;� � f// a `�'\ \�`�� �'�,e'`. owl YALM S� A. ti U c 00 04 At Q r �[ i FaRa`� 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