09_0093426Recorded 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)
11,692\0 1 1409\243T R\J RFjw
C _ :
DOC # 2009. 0093426
02/26/2009 08:00A Fee:NC
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Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
11111111111111101111111111111111111111111111111
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PROJECT; MILES AVENUE & CLINTON STREET
PARCEL: 27A
APN: 608 - 161 -001
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ruben M. Vasquez and Mira Vasquez ( "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 -161 -001 referenced as Parcel 27A 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 $6,560.00 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 1279 square feet referenced as Parcel 27A 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.
53 Any notice, payment or instrument, or other documents required or
Ih�IIIUNIIIIINIIIUnIIIIININNNUnIBlluu
02 "° _`:� "`' °°
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 Vasquez, Ruben & Mira
45020 Elm Street
Indio, California 92201 -3742
If to County COUNTY OF RIVERSIDE
Department of Facilities Management
Real Estate Division
3133 Mission Inn Avenue
Riverside, California 92507
Attention: James R. Force
Supervising Real Property Agent
Phone Number: (951) 955 -4822
Fax: (951) 955 -4837
E -mail address: JRForce @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 September 16, 2008, 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
111111111 i ..
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 t his Deed, and all the parties to oereto sl"�aii 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]
111111 IIIBIIIUiIINIIInIIVIIINIIINIIItlIWlllll • "' �:'
STATE OF CALIFORNIA
COUNTY OF
}
)ss.
On ? �.� � Q0 0Cf , before me, �� ° G • �'. 1 a Notary
Public in and for said County and State, personally appeared 'k, %C) ke-z
who proved to me on the basis of satisfactory evidence to be the person &) whose
names is /grde subscribed to the within instrument and acknowledged to me that
he /sire /they executed the same in his/1ker /their authorized capacity(i.e& ); and that by
his /der /their signatures) on the instrument the person( -) 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:
Signatures �`° �s LORIE G, HOUGHLA
am COMM. #1793528
[SEAL] Notary Public . Calitarnra
Riverside County °
Cornet. Ex ices Apr . 1Q 2012
STATE OF CALIFORNIA )
COUNTY OF Ql )
On -v.N i QO. . before me, L oe�� e. G - AAOucWAKi , a Notary
Public in and for'said County and State, personally appeared `Mj\ - 'j
who proved to me on the basis of satisfactory evidence to be the person(' whose
name(. is /4re subscribed to the within instrument and acknowledged to me that
he' /she /tt ey executed the same in Wher /t4eir authorized capacity(ie4); 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:
LOR E G.G. HOUGHLAN
'� Co MM. #1=1793528 �
w _ Notary Public California; o
Riverside County
o. My Comm. Expires r. 10 2012 .
Signature ,7 ��.1 C-��-
[SEAL]
1111111111111111111111111111111111 mibuhuiu1 .;,n .
Dated: '0 ac, ace
APPROVED AS TO FORM:
Pamela J. !Walls
Interim County Counsel
By:
�.
Sy is M. Gunzel
De'uty County Counsel
i�
B
Juan C. Perez, Dir�e�or
Department of Transportation
11111111111111111111111111111111111111111111111111111 `w " °'''
-
STATE OF CALIFORNIA )
)ss.
COUNTY OF RIVERSIDE )
On , before me,
Public in 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.
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 nteA consents to the recordation
thereof by its duly authorized officer.
Date � Q By:
Robert Field, Director
Department of Facilities Management
FOR VD ll TY CQL1N L .
SY THIA M. C tlNZ SATim
I /26 . ,'26n9 iii ., uF..
EXHIBIT "A"
MILES AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO. 0389 -27A
thence along said paraliel line North 39 °46'00" East 121.63 feet to the easterly line of said
Lot
thence along said easterly line North 00 °21 '00" West 10.00 feet to the POINT OF
BEGINNING.
CONTAINING: 1360.31 Square Feet, more or I ess.
EXHIBIT "B" attached and by this reference rn ade a part hereof.
This description was prepared by
me or under my direction.
Levi David Cox, P.L.S. 7930
My license expires 12131109.
Date: �dcdt)8
MH1S DOCUMENT BY
R VEi,SIDE COUNTY Sj� iE ` OP,,
DATE:
RBi' CONSULTING
74 -130 Country Club Drive, Suite 201
Palm Desert, CA 92260
Prepared: March 25, 2008
Page 2 of 2
111 nIIINI ° "'' °�"
EXHIBIT B
7
FLAT
7EMP(DRARY CONSTRUCTION EASEMENT
C/L MILES A VEX LY (45TH A EWE)
'Q
'9 1 4 - '
30'
HIS DOCK REV
U I ED BY
RIVERSIDE COUN S6�z
5y:
DATE: 0�-/ca/c"F
— /\ I ND I '-�, i -'-S 5 ' P - i - E . PER V. �. _1/67
DATA TAE! E
((DD
BEARING/DD TA
bl "f -R0! HL
G. Lj
20-20
3'
2
1 1 KJO 12'5C)"F
S80 45 W 1 .48
07
N 3 4'
A
-
2
--j
I NS 9' 45 00 " 2
-4 i
<
ul.
PARCEL NO. 0389-274-:�'
2
3Z-OCK 9
1301- DE HEIGHTS
V B. 2 1/67
j
� i
30'
HIS DOCK REV
U I ED BY
RIVERSIDE COUN S6�z
5y:
DATE: 0�-/ca/c"F
— /\ I ND I '-�, i -'-S 5 ' P - i - E . PER V. �. _1/67
DATA TAE! E
((DD
BEARING/DD TA
j! S
U
G. Lj
20-20
3'
2
1 1 KJO 12'5C)"F
07
N 3 4'
-
2
o co
SL= T 7 S H F T
LL
SOUT�WfST OUZIPTER OF - 22
-
TOWNSH S SOUTi � F,4A/,, 7 F _ I _AST,
- P
514N H Nll,!;�DPVO M-Fl )IAIV
P,4RCEL MO. OZBE—.27A
[OF
74'M '-OUN'71 CLZ D9 V-!, SUr"F 20
L PALM D C;ALFOWA 02266 -1655
iAT TO ACCC)MPANYI C 0 N S LJ L T1 N G - MM.a4s7461 - FAY 76c'mfiET5
ESCPJPTION FOR WLES AVEO�,-F
TEMPDRAPY CDNS EAS-I'VENT
D - 'E MA.C?C-1 25, � JN: 7�-'002
;
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