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09_0136293OOC N 2009 -- 0 1 3 6293 03/20/2009 RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn: ,lames Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 The Customer Copy Label paper to which t is label is affixed has not been compared with the recorded document Larry W Ward County o Riverside Assessor, County Clerk 8 Recorder Exempt from recording charges under Government Code § 6103 12.16510908061001PG1COiw (Space above this line reserved for Recorder's use) PROJECT: 1/10 —Indian Avenue interchange PARCEL: CI -20 APN(s): 666 - 330 -058 and 666 -330 -043 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ( "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 Numbers 666- 330 -058 and 666- 330 -043, referenced as Parcel CI -20 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subject 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 two thousand four hundred twenty three (2,423) square feet referenced as Parcel CI -20 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. 1 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 PALM SPRINGS FREEWAY DEVELOPMENT PO Box 5441 San Bernardino, California 92412 If to Ci 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, Califomia 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323 -8253 Fax: (760) 322 -8325 E -mail address: Marcus. FuJler@paimsprings-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 Noyemag i t , 4, Z ►, R , 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. 3 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. GRANTOR: Dated: PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: Jack D. V er Noude Chairman an CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUNCIL David H. Ready, City er ATTEST: q es Thompson, City Clerk APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART B D uglas oll , Es ., City Attorney 4 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) CZ -) ) ss. COUNTY OF -� 1 - -)t" iYiL� k r ) On +�� -:t, ��„��7 before me, r _c., } Notary Public, personally appeared r yr ,_. who proved to me on the basis of satisfactory evidence to be the personj4 whose name( ware subscribed to the within instrument and acknowledged to mei that Oe /she /they executed the same in (t /her /their authorized capacity(je and that b his/her /their signatureA on the instrument the person,( , or the entity upon behalf of which the person(.sl 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. KATIE L NEW WITNESS my h o`ff'icial seal. Cin ►f / I N V6T Signatur' N 11 Connn. E4 I! My Commission Expires: Zy , 2 «` 12 This area for official notarial seal OF pALA� S Cit of Palms rin p Office of the City Clerk tiAQRAICT ;"0 E Taliciuit.: Canvor. Vva� • Paln) Jpnn--s. Ciitorni.i 1 )'_Y c 9( IF0 R � Tel: Fay: � ;= -iii • VveL uwu.�.umspt n s —..t. ii CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666 -330 -058 AND 666 -330 -043 dated: November 14, 2008 from, PALM SPRINGS FREEWAY DEVELOPMENT, LLC 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 51h 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 14 day of January, 2009. es Thompson ity Clerk (seal) Posr Office Box 274 - Palm Sprints, California 92?63 -`? 74=, ASSESSOR'S PARCEL NO. 666- 330 -043 & 666- 330 -058 Exhibit "A" PARCEL. CI -20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in BD©k 162 Pages 18 -23 inclusive of Parcel Maps, in the Office of the County Record er of said County, more particularly described as foliows: BEGINNING at the Southeast corner of said Parcel 4, thence (1) along the Southwesterly fine of said Parcel and the Northeasterly Right -of -Way fine of Garnet Avenge (13.411 meters Northeasterly, as measured at right angles from centerline) N.76 0 08'20"1/1!., 75.396 meters to the Southwest comer of said Parcel 4; thence (2) leaving said Northeasterly Right -of =Way line along the Westerly line of said Parcel 4 N.1 3 3.000 miters; thence (3) leaving said Westerly line S.76 °08'20 "E., 74.654 meters to a point in the Easterly line of said Parcel 4, thence (4) along said Easterly line S.00 3.090 meters to the POINT OF BEGINNING. The above - described easement is temporary and shall expire on -r M,c CAsr OAY o r - �rHc. Z y74 11 zN?N fa,.4�u± vG rlfc k , -/ N > ut 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. The bearings and distances used in the above descriptions are on the Caiifornia Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Page 1 of 2 Area = 225.075 sq. meters, 0.0225 hezta. res Mict Gael A. Havener, PLS 7 354 Date E-xq. 12 -31 -07 1213'll0�l� Na 7354 Page 2 of 2 EXHI " B _ 23 TEMPORARY CONSTRUCTION EASEMENT (TCE) 204 -4R i EXP. 31 DEC, 07 � J P Ili p A r f �, 1 _r �AJ 5 APN 666 -330 -056 FI r-) r T'1 1622' ] -S -r -3 APH 6 66- 330 -043 4, T p r'l , 6 . 2 /18 - .23 '� � o Lo •� AM ?BZ/18 PER - 23 d LOT •2 A N 'n6� 74.654 m P 162 /18 2 3 G z ° + � 9B� 5.E.BCOR. 1 6-288 � m PAR. 4 PER BK, (60 ') RIW TU LDT • P REC. AUC. R 9' PG. $09 R Pk �6Z/18_ LEGEND 1997 O. R. _ 23 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 225.1 SQ. METERS (Q.0225 HECTARES) TA13ULATEO LINE DATA P.O.B. POINT OF BEGINNING LINE BEARING 7 LENGTH E C1 CITY OF PALM SPRINGS PAR. NQ. L1 N 13'51'40* E 3.000 m L2 S 00'01'33" E 1 3.090 m R/W RIGHT -OF- WAY "' DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N 0. : 01-20 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED 8Y: K"H BY 0.99997406 TO OBTAIN GROUND LE�L DISTANCES. TO CONI ERT METERS PPO�ECT: 4- 10 /INDfAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, HATE: 11 -16 -47 "SHEET 1 OF 1 Sl1LET