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
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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
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E% 12131/07
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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.
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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
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