09_0037837" c, ,�) 9 (0 ��-
Recorded 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)
12.05310805081243T RILG H jw
��'W'Siide Co. Transportation
DOC # 2009 - 0037837
01/27/2009 08 :00A Fee:NC
Page 1 of 10
Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1 1 11111111111 1 111111111 � 1
11111 11 JI 1 1 11 !
S R tl PAGE SIZE DA MISC LONG RFD COPY
M A L 465 426 PCOR NCOR SMF =fNCii EXAM
PROJECT: MILES AVENUE & CLINTON STREET
PARCEL: 42
APN: 608 - 162 -003
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Aztec Foreclosure Corporation and HSBC Bank (Grantor herein),
Hereby GRANTS AND CONVEYS to the
COUNTY OF RIVERSIDE, a political subdivision ("Granted' 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 Assessors Parcel Number 608 -162 -003 referenced as Parcel 42 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 Six Thousand Nine
Hundred Eighty Dollars ($6,960.00) for the right to enter upon and use Grantor's land in
accordance with the terms hereof.
2.1 The temporary construction easement, used during construction of the
project consists of approximately 730 square feet referenced as Parcel 42 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 Grantors 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.
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Page 2 of 10
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 Aztec Foreclosure Corporation
Trustee's Sale No. 08- 500568BFB
3300 N. Central Avene, Sutie 2200
Phoenix, AZ 85012
HSBC Bank USA Bank, N.A., Trustee
Nomura Home Equity Loan, Inc.
Asset Back Certificate, Seriers 2006 -HE2,
c/o Ocwen Loan Servicing
12650 Ingenuity Drive
Orlando, Florida 32826
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.
" " , '�'`� IN
Page 3 of 10
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 `e 'N 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 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
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.
5.16 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
Ali HE R I r�ir' i �F 0 l flH of
Page 4 of 10
action or proceeding in addition to its recoverable court cost.
5.13 This Deed shall not tame effect until approved by the Director of
Transportation.
[SIGNATURES AN NEXT PAGE]
1111 IN , °.
Page 5 of 10
Dated:
B
Lode G. Houghlan
Real Property Agent
APPROVED AS TO FORM:
Joe S. Rank
County Counsel
Aztec Foreclosure Corporation
Trustee's Sale No. 08- 500568BFB
3300 N. Central Avene, Sutie 2200
Phoenix, AZ 85012
HSBC Bank USA Bank, N.A., Trustee
Nomura Home Equity Loan, Inc.
Asset Back Certificate, Seriers 2006 -HE2,
cloOcwen Loanser°vicing
12650 Ingenuity Drive
Orlando, Florida 32826
�[)r ;h ACC+
By: _ 6
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r7: den j-aa
M oll] • 12
_P i�mo� Director
"
for Juan Perez, Director
Transportation Department
/- ,
By: m
Sync is M. Gunnel
Deputy Coun Counsel
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Page 6 of 10
State of Florida )
}SS.
County of Palm. Beach }
On 10 -01 -2008 subscribed and sworn before me, the undersigned, a Notary Public
for said County and State, personally appeared Scott W. Anderson, of 1661 Worthington
Road, Suite 100, West Palm Beach, Florida 33409, personally known to me to be the
person that executed the foregoing instrument and acknowledged that he is the Sr. Vice
President of Residential Loan Servicing and that he did execute the foregoing
instrument. He is personally known to me.
Witness my hand and official seal.
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Page 7 of 10
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Page 7 of 10
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($) 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 r n consents to the recordation
thereof by its duly authorized officer.
Date IL A By
Robert Field, Director
Department of Facilities Management
FOR P
Y:
IN
Page 8 of 10
..
LEGAL DESCRIPTION
MILES AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO. 0389 -42
That certain parcel of land situated in the County of Riverside, State of California, being
that portion of Lot 12, in Block F of Boe -Del Heights, as shown on a map thereof filed in
Book 21, Pages 67 of Maps, in the Office of the County Recorder of said Riverside
County, being that portion of Section 22, Township 6 South, Range 7 East, San
Bernardino Meridian, more particularly described as being the northerly 10.00 feet of said
Lot 12.
CONTAINING: 730,00 Square Feet, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
This description was prepared by me or under my direction.
Levi D. Cox, P.L.S. 7930
My license expires 12/31109. - �--
THI5 L) OM, NT REVIEWED BY
Date: b RI`�fER E C iUI�TY SUi�VEYCI .
DATE:
F F'� ...1 i=.i -• � 1-4 I�Ll y�
RBF CONSULTING
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260
Prepared: March 25, 2008
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Page �.of 10
� CONST uC T1 ON FAEA NT EXHIBIT �' "
CONSTf'UC4A+ L,�Mr:
.3c. ova � /- S. F_ PLA T
TEMPORARY CONSTRUCTION EASEMENT
� i y i- 1I ry C' c.) f� _E ~D B Y � I
R RDA x..41 COUNT ! P `� 5 �.�:�E 1 I
DATE: G n 71 7— �
CI L MILE'S AVENUE (45TH AVENUE)
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F-
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LOT "F" BCE-DEL-HEIGHTS'
I
�FARCEL ND! 0389 --42
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11 !� 12 13
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BLOCK F
BOE —DEL — HEIGHTS l
! M.B. 21167
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OUTHWES T OUAf? TER G SECTION 22
T OWNSHTP 5 SOUTH, RANGE 7 'EAST,
SAN EERIVARDINO Mf- RJ[
PARCEL A 0389 - 42
PLAT TO ACCOMPANY A LEGAL
CESMFMON FOR MILES AVENUE,
TEMPOP.ARY CONSTRUCTfON LAS} MENT
�� V V"+�..ANNING 6 QES ■ G ❑NSTR 1JGTff.7H
74 -130 COUNTRY CLUB DRNE, SU!`:"= 201
# L I J $ e ■ PALM DESERT, CA! IFORNIA 92260 -}6:S
P \Q C O N S U t..7I N G 760346.7481 • .CAX 76a.34B M5 wvw.aeF com
MARC'r 25, 2 OE JN: 20 - ���22Q 42
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