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09_0116236RECORDING REQUESTED BY Orange Coast 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 cinder Government Code § 6183 Doc a 2 00 0 1 1023 Customer Copy Label The paper to which this label is afd has been w ith the recorded document Larry W Wrd County of Riverside Assessor, County Clerk & Recorder 12.14810916081001 PG1COiw (Space above this line reserved for Recorder's use) PROJECT: 1110 -Indian Avenue Interchange PARCELS: CI -12 and CI -13 APN: 666 - 330 -050 PeA5a TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALLEN E. HOM ( "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 Number 666 -330 -050 referenced as Parcel CI -12 and CI -13 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Sublect 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 one thousand two hundred fifty five (1,255) square feet referenced as Parcel CI -12 and CI -13 and described on Exhibits "A" and "B attached hereto and made a part hereof. 2. The rights granted herein may be exercised for twenty four (24) months commencing on the date that the thirty (30) day written notice by City 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. ON PROJECT 1110 - Indian Avenue Interchange PARCELS: CI -12 and CI -13 APN: 666 - 330 -050 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. 4. 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. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. 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. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. 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. 9. 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 Allen Hom 17221 Lido Lane Huntington Beach, California 92647 If to City 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 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 PROJECT: 1110 — Indian Avenue Interchange PARCELS: CI -12 and CI -13 APN: 666- 330 -050 E -mail addreess: 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. 10. 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. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated N&L , g , , naFL 21, 2o_4 , 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. PROJECT: 1110 — Indian Avenue Interchange PARCELS: CI -12 and CI -13 APN: 666 - 330 -050 17. 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. p GRANTOR: Dated: ALLEN E. HOM By: z Allen E. Hom CITY OF PALM SPRINGS, a municipal corporation B David H. Ready, City ATTEST: By: mes Thompson, City Clerk APPROVED AS TO FORM: WOODRUFF, SPRADLIN By: ,'Douglas C. Holland, E�;kl., City Attorney AppRWu By Cif COUNCIL �-��'� 4 PROJECT: 1110 —Indian Avenue Interchange PARCELS: CI -12 and CI -13 APN: 666- 330 -050 ACKNOWLE DGEMENT STATE OF CALIFORNIA } COUNTY OF U K � 1 )Ss ir D _ On �� i �t Lbef re me, J AL7WP Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 n and official I. JaME5 FORCE COMM #1793527 = Signature z Notary PUNC • Caldornis o `, Riverside County M Comm. Exgtes Apr. My Commission Expires: �(��� This area for official notarial seal PALM S y li 11 J a e F PpFp � F � c �C1FpR� 0 City of Palm Springs Office of the Cite Clerk L. Tahyu i. C in} : n W ;L% ' Palin Spr,ns, Crinorn;.. '- Tcl (7 (1() F.IX: -7 60' - _ ' Vii tr� 'u.F 71kIn5hC�r!_.- ^ r CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666- 330 -050 dated: November 21, 2008 from, ALLEN E. HOM Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 5"' day of January, 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 5' day of January, 2009. rd� es Thompson ity Clerk (seal) Past Office Box 2743 • Palm Springs, California 92263 -274 ASSESSOR'S PARCEL NO. 0 5 66 - 330 -050 PARCEL C1 -12 Exhibit "A" A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of reaps, Records of Riverside County, in the City of Paim Springs, County of Riverside, State of California, more parbculady described as follows: BEGINNING at the Southwesterly comer of said Parcel 4, said point also being on the Northwesterly Right- of-Way line of 20 Avenue (15.240 meters Northwesterly, as measured at right angies from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21 °51'39"1N., 6.267 meters; thence (2) leaving said Westerly line N.68 0 03'06 "E., 5.155 meters; thence (3) S.21 °57`31 "E., 6267 meters to the Southeasterly line of said Parcel and said Northwesterly Right- of-Way fine; thence (4) along said Southeasterly fine and said Northwesterly Right -of -Way line S.68°03'06 W., 5.165 meters to the TRU E POINT OF BEGINNING. The abode- described easement is temporary and shall expire on rHj 4Ajr DAY or- r#6 ZyTy /47,, -rH r- OLC44.Vv N& TAE GTV ;r r( Of- or at completion of construction, Whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Area = 32.337 sq. meters, 0.0032 hectares PARCEL C1 -13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particulady described as follows: Page 1 of 2 BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right -of Way fine of 20" Avenue (1 meters Northwesterly, as measured at right angiE�!s from centerline) thence along the Southeasterly line of said Parcel and said Northwesterly Right -of -Way fine N.68 20.637 meters to the TRLJE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right- of-Way fine N.21 °57'31"VIl., 6.267 meters; thence (2) N.W'03'06 "E., 13.450 meters; thence (3) S.21 °57'31 "E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line S.66 - W., 13.450 meters to the TRUE POINT OF BEGINNING. The above-- described easement is temporary and shall expire on - rHe L ,4s; DAY of THE Zc(IN fllo -TH Fa�a�S�✓6 r#jt �s:.r.zV& cF /V"i =�.c or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in conneclivn with said easement. The bearings and distanms used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/12D0. Area = 84.290 sq. meters, 0.0084 hectares D LAND S R G �gL< o E% 12131/07 J cP� N,, 731, Michael A. Havener, rL5 7354 Date afi CALF Exp. 12 -31 -07 Page 2 of 2 71 EXHIB B LEGEND PAR. D -12 TEMPORARY CONSTRUCTION 'EASEMENT (TCE) AREA = 32.3 S0. METEP.S (0-01032 HECTARES) PAR. C1 -13 TEMPORARY CONSTRUCTION EKSEMENT (TCE) AREA = 84.3 SO. METERS (0.C]OS4 HECTARES) T.P.0.6. POINT OF BEGINNING P.O.H. POINT OF BEGINNING R/W RIGHT —OF --WAY CI CITY OF PALM SPRINGS PAR. N0. PAJ r rr APN 666 - 330 - 05 l } l .P r�Tla 2 ?1\11 1 J'_1/ 4DJ P, N1, a' �, r � r-) r S P r 1 :� P.0.8-- PM 15 * � rD S 0 - ct� 7 a J rf� 1� -4 r a 1 a n 3 �5�'65�► 0 -13 cr N cE0 — AND S OA 13�'P T '� J EXP. 31 C 1 ��T I'O. 73 l F CAT-\ 07 e DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO, CI--12 & 0I -13 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.999974D6 TO OBTAIN GROUND PREPARED BY: !CA /MH LEVEL DISTANCES. TO CONVERT METERS PROJECT { -10 /INDIAN' AVENUE INTERCHANGE SCAM: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. oA1T: 11 - - SHEET 1 DF t SHEE 0 �!