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09_0037836Recorded at request of and return to: Department of Facilities Management Real Estate Division On behalf of the Transportation Department 3133 Mission Inn Avenue Riverside, California 92507.4199 FREE RECORDING This instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee. (Govt. Code 6103) 12.05410805081243T RILG Hjw I nspontaflon DOC # 2009- 0037836 01/27/2009 08:00A F"ee :NC Page 1 of 9 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder tl lllIll l l t�t�t 1 lit 111111" S R U PAGE SIZE DA MISC LOP1G R FD COPY M A L 4'65 426 PCOR NCORi SMF '�NCH9 EXAM a- a.. � •er /c/ PROJECT: MILES AVENUE & CLINTON STREET PARCEL. 47 APN: 608 -162 -008 fir. � >■r � � , , � >•► 1; LA FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Frances E. Hern ( "Grantor" herein), Hereby GRANTS AND CONVEYS to the COUNTY OF RIVERSIDE, a political subdivision (`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 County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 608 -162 -008 referenced as Parcel 47 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Other terms of Temporary Construction Easement Deed (hereinafter, the "Deed ") - 1.1 County shall pay to the order of Grantor the sum of Four Thousand Five Hundred Sixty Dollars ($4,560.00) for the right to enter upon and use Grantor's land in accordance with the terms hereof. 21 The temporary construction easement, used during construction of the project consists of approximately 730 square feet referenced as Parcel 47 and described on Exhibits "A" and "B attached hereto and made a part hereof. 3.1 The rights granted herein may be exercised for four (4) months commencing on the date that the thirty (30) day written notice by County is delivered to Grantor in accord to the notice provision herein, and concludes at the end of four months of the grant of the easement, or the conclusion of the project, whichever shall be later. 3.2 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. 3.3 Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 3.3 At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 3.4 At the termination of the period of use of Grantor's land by Grantee, but before its relinquishment to Grantor, debris generated by Grantee's use will be removed and the surface will be graded and left in a neat condition. 4.1 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. 5.1 Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 5.2 Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant County permission to enter upon and use the land. iimiimiuuuumuuimii�imiuuiiuuuuii C E C4 Page 2 of 7 5.3 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 Frances E. Hern 73411 Santa Rosa Way #B Palm Desert, Ca. 92260 If to County COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: Lorie G. Houghlan Real Property Agent Phone Number: (951) 955 -9276 Fax: (951) 955 -4837 E -mail address: Lhoughlan @rc- facilities.org 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, 5.4 Each Grantor and County 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. 5.5 The titles and headings of Sections and Paragraphs of this Temporary Construction Easement Deed, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Easement, or to control, limit or modify any of the terms, covenants or conditions hereof. 5.6 This Temporary Construction Easement Deed entered into between the parties dated Nt.. contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained therein, and [[[[ [[ prior oral or written understanding shall be of any E�III II tl�� IIII II I[IEII 'III �II1 2Frf y�.,Ff Page 3 of 7 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 County. 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 County solely because it prepared this Deed in its executed form. 5.7 This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, County, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 5.8 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 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. 5.9 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. 5.10 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. 5.11 Time if 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. 5.12 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. 5.13 This Deed shall not take effect until approved by the Director of Transportation. [SIGNATURES ON NEXT PAGE] 1111 llll �'? ``:`� Page 4 of 7 GRANTOR: Dated Frances E. Hertz By: Lor 1� )e G, Houghlan Real Property Agent COUNTY OF RIVERSIDE APPROVED AS TO FORM: Joe S. Rank County Counsel Pp-tr4eba--Romo, Die D irector By' for Juan Perez, Directo ,,-. Transportation Department By: SOthia M. Gunzel Deputy County Counsel IIIIIIIIIIIIIINNIIIIIIIIIIIInINIIIIIIINIINIIIIII 2009-001 1 8S6 f 9 -- Page 5 of 7 STATE OF CALIFORNIA ) )ss. COUNTY OF Q?k0e,(LS4. ) On �a\� 1 ) �)UoS , before me, e- G . a Notary Public in and for said County and State, personally appeared S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.$) is /am subscribed to the within instrument and acknowledged to me that 4e Mhe /thW executed the same in h4e/herhhair authorized capacity(ie-e ; -and that by h.sftr /th.ek signature* 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: Signatur . STATE OF CALIFORNIA j )ss. COUNTY OF j On Public in • w � it , 'M l � � � � �3 , before me, and for said County and State, personally appeared a Notary 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] IIIIItlNIIhIhIIINIIINIII�IIIIINIIIIIIIIIIIIII�I � �_' "? 08; CAFAF1 Page 6of7 STATE OF CALIFORNIA )Ss. COUNTY OF RIVERSIDE ) On before me, a Notary Public in and for said County and State, 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] CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the COUNTY OF RIVERSIDE, a political subdivision, is hereby accepted by order of the Board of Supervisors on the date below and the ra tee consents to the recordation thereof by its duly authorized officer. Date [ By: Robert Field, birector Department of Facilities Management 4ut U OOU EL By BATE J Hli M. E IINIIINIIIIIIIiII�IIInInIII�IIIIIBnllldllM� 2 0 0 9 'T3 " Page 7 of 7 EXHIBIT "A LEGAL DESCRIPTION MILES AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 0339 -47 That certain parcel of land situated in the County of Riverside, State of California, being that portion of Lot 17, in Biock F of Boe -Del Heights, as shown on a map thereof filed in Book 21, Pages 57 of Maps, in the Office ©f the County Recorder of said Riverside County, being that portion of Section 22, Township 5 South, Range 7 East, San Bernardino Meridian, more particularly described as being the northerly 10.00 feet of said Lot 17. CONTAINING: 730.00 Square Feet, more or less. EXHIBIT "B" attached and by this reference rn ade a part hereof. This description was prepared by me or under m direction. Letri D. C x, P.L.S. 7930 P'+lly license expires 12/'3 1 1119. Date:_ f D r D� \;�1 0 f ,1 RBF CONSUL T lNG THIS, ti. = .a�.4���I x:. �'e f REV IMWE BY DATE: Country Club Drive, Suite 201 Il �� II VIII III Ill IIIIIII III [III �: ° 2f F` }' Palm Desert, CA 92260 a Prepared: March 25, 2008 Page 1 of 1 -oN5TRUC71 sh r A5G vL NL EXHIBIT ?30 OD -; - PLAT j TEMPORARY CONSTRU CTION EASEMENT 1 THIS DOCUtj w ens ' _x y I RIVERSIDE t L y ���� I C C!; CfL MILES _4 VENUE (45 7H 41 UE) hR5' „ ` LOT "F” 30E— DEL — HEIGHTS J -' PARCEL NC i t , I 17 i BLOCK F � BDE— DEL — HEIGHTS I 0, B. 27167 SOUTHWEST O'JAR T P OF a� C T] ON 22 T-0100-,12P 3 SOUTH, PANGE 7 EAST, .SAf1` 5F17 /'1�fl�� l,�EPIDIAN PARCcl NO.03SP- -47 PLAT 70 ACCOMPANY A LEvAL DFSCRlPTfON FOR WLES AVENUE 'FUPORAP.Y CONS TRU:MDNJ FA:S}M =NT 03E9-147 � fi�� '�� l j I E° SHr F Or I FLHN!"i N(i ■ G ■ GpN STRLfCT1E3H 76 -t30 C0UN7Fy CLUB DR rL `MUfT - r 20' e i M PALW D�5 T, CA-F-0-NIA 82260-1655 v C1 N S Li L T 1 N G 7E034E.748t - FAx 760.346.6715 • wwn'.R97,co j,ATE. rAARO 25, 2008 jiv: 20-30C-220-47 1111111111111111 IIIIiIII ` °; C'-i 0 1 I � 03E9-147 � fi�� '�� l j I E° SHr F Or I FLHN!"i N(i ■ G ■ GpN STRLfCT1E3H 76 -t30 C0UN7Fy CLUB DR rL `MUfT - r 20' e i M PALW D�5 T, CA-F-0-NIA 82260-1655 v C1 N S Li L T 1 N G 7E034E.748t - FAx 760.346.6715 • wwn'.R97,co j,ATE. rAARO 25, 2008 jiv: 20-30C-220-47 1111111111111111 IIIIiIII ` °; C'-i 0