09_0184044Recorded 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)
12.50010 2 1 1 091243TR1LGHjw
DOC # 2009-0184044
04/15/2009 08:0QA Fee :NC
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Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk 8 Recorder
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EXAM
PROJECT: MILES AVENUE & CLINTON STREET
PARCEL: 34
APN: 608- 053 -027 (portion)
CONSTRUCTION TEMPORARY
EASEMENT DEED
FOR A VALUABLE CO NSIDERATION, receipt of which is hereby acknowledged,
Bernard Emerson Kuhn, Surviving Trustee of the Bernard Emerson Kuhn and
Florence Meadows Kuhn Family Trust ( "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 - 053 -027 referenced as Parcel 34 and described on Exhibits "A° and "B" attached
hereto and made a part hereof.
LS
Other terms of Temporary Construction Easement Deed (hereinafter, the "Deed "):
1.1 County shall pay to the order of Grantor the sum of Nine Thousand Two Hundred
Forty Dollars ($9,240) 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 two thousand one hundred forty five (2,145) square feet referenced as
Parcel 34 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.
94,'l 5/2009 CIE 1 00H
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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 Kuhn Trust
81 -380 Miles Avenue
Indio, California 92201 -2858
If to County COUNTY OF RIVERSIDE
Department of Facilities Management
Real Estate Division
3133 Mission Inn Avenue
Riverside, California 92507
Attention: I-orie G. Houghlan
Real Property Agent
Phone Number: (951) 955 -9276
Fax: (951) 955 -4837
E -mail address: Ihoughlan @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
o
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
W provisions therein, that his or her respective party has the full legal right, power, capacity and
ir,v'r authority to enter into this Deed and perform all of its provisions and obligations, and that no
1
CU other approvals or consents are necessary in connection therewith.
Z
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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 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 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 action or proceeding in addition to its
recoverable court cost.
5.13 This Deed shall not take effect until approved and executed by the Director of
Transportation.
[SIGNATURES ON NEXT PAGE]
IN IIIIII91111111111NIIiIIIIIIVUl11 &4/15/ ' e''w
Dated: 'i 'S Y�;
RECOMMENDED FOR APPROVAL:
By: li Z/)
Robert Fie d, Director
Department of Facilities Management
APPROVED AS TO FORM:
Pamela J. Walls
Interim County Counsel
B y: c
Synt la M. Gunnel
Deputy County Counsel
Bernard Emerson Kuhn, Surviving
Trustee of the Bernard Emerson Kuhn
and Florence Meadows Kuhn Family
Trust
By: /c�6�
Bernard Emerson Kuhn, urviving
Trustee
COUNTY OF RIVERSIDE
B C _
Juan C. Perez
Director of Transportation
IIIIIIIIAIIInllllllllllllllllllllllllllllllll ''111111
209-018404
J
STATE OF CALIFORNIA j
}ss.
COUNTY OF }
On before me, a 4 k M 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(s) whose
name(,$) is /are subscribed to the within instrument and acknowledged to me that
he /sue /they executed the same in his /her /their authorized capacity( &), and that by
his /h,er /their signature(s) on the instrument the person($), or the entity upon behalf of
which the person(.$) 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:
Signatu (e
STATE OF CALIFORNIA
COUNTY OF
On
)ss.
before me,
E G. HOUGHLAN
COMM. #1793528
Notary Pubfic • Gafifornia'
SEAL Riverside County
[ Comm. EXpise5 Apr. 10, 2012 P
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(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.
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]
94 ml I 5e21�FO OP,; 90A
1111111 IN 1111111111111111111111111111111111111 6 � El
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(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.
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 th antee consents to the recordation
thereof by its duly authorized officer.
Date By:
Robert Field, Director
Department of Facilities Management
AXE
FORW
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EXHIBIT "A"
LEGAL DESCRIPTION
MILES AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO. 0389 -34
That certain parcel of land situated in the County of Riverside, State of California, Eying in
a portion of Lot 15 of Oasis Palms, as shown can a map thereof filed in Book 31, Pages 18
and 19 of Maps, in the Office of the County Recorder of said Riverside County, lying in a
portion of Section 22, Township 5 South, Range 7 East, San Bernardino Meridian, more
particularly described as follows:
BEGINNING at the southwest corner of said Lot 15, also being on the northerly right -of-
way of Miles Avenue (having a northerly half width of 50.00 feet) as shown on said map of
Oasis palms;
thence along the westerly line of said lot North 00 0 21'30° West 32.11 feet;
thence South 89 °59'39" East 44.83 feet,
thence South 00'00'21" West 7.48 feet;
thence East 29.23 feet to the easterly line of said Lot 15;
thence along said easterly line South 00 °21'30" East 24.29 feet to the southerly line of
said Lot 15 and said northerly right -of -way of Miles Avenue;
IN roIh�BkI�IIIIIII�tlIIIRnIm
94/1 ` "?''' °,'°
Page 1 of 2
EXHIBIT "A„
MILES AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL NCB. 0389 -34
thence along the southerly line of said Lot 15 and said northerly right -of -way
South 89 °45`00" West 74.01 feet to the POINT" OF BEGINNING.
CONTAINING: 2145.12 Square Feet more or less.
EXHIBIT "B" attached and by this reference rnade a part hereof.
This description was prepared by
me or under my direction.
Levi David Cox, P.L.S. 7930
My license expires 12131/09.
Date: -3 21 ks
4 s �Lf ! 9 �C Al
RBF CONSULTING
74 -130 Country Club Drive, Suite 201
Palm Desert, CA 92260
Prepared: March 25, 2008
THIS DOCUMENT REVIEWED By
IRUVERSIDE COUNTY RJPWEYOR
11111 N�hI�HING 'dlllllllllllllllnlllul
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