09_0286044RECORDING REQUESTED BY
Stewart Title
WHEN RECORDED RETURN TO:
Attn: James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 82262
HOC a 2009- 020GO
06/05/2009
Exempt from recording charges
under Government Code § 6103
?.51110219091001 PG1COjw (Space
PROJECT: 1110 - Indian Avenue Interchange
PARCEL: CI -23
APN: 669 -093 -011
Customer CopX Label
The paper to which t is label is
affixed has not been compared
with the recorded document
Larri W bard
County o Riverside
Assessor, County Clerk 8 Recorder
tr1is line reserved for Kecorder's use
W }r
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ROBERT W. MINER JR., SUCCESSOR TRU STEE OF THE ROBERT WILSON MINER
TRUST DATED APRIL 13, 1998
( "Grantor" herein),
Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation
( "City" herein), and its successors and assigns,
A non - exclusive, limited, and conditional right to temporarily use a portion of Grantor's land in
the City of Palm Springs, County of Riverside, State of California, described as Assessor's
Parcel Number 669 -093 -011, depicted on the plat map attached hereto referenced as Parcel C1-
23, and made a part hereof, and as described in Section 2 hereinbelow, is hereby granted City
for all purposes necessary to facilitate and accomplish the construction and installation of the
Indian Avenue and 1 -10 interchange ( "Project "), including but not limited to ingress and egress,
and staging of construction equipment (collectively, "Temporary Construction Easement ").
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 four thousand seven hundred twelve (4,712) square feet referenced
as Parcel CI -23 and described on Exhibits °A" and "B" attached hereto and made a part hereof.
2. A thirty (30) day written notice shall be given to Grantor prior to using the rights
herein granted and the date of said written notice shall be deemed the commencement date
( "Commencement Cate "). The rights herein granted may be exercised for twenty four (24)
months from the thirty (30) day written notice, or until completion of said Project, whichever shall
PROJECT: 1110 - indian Avenue interchange
PARCEL: CI -23
APN: 669 - 093 -011
be sooner. Upon expiration of the Temporary Construction Easement as set forth herein, City
shall execute a Quit Claim Deed in favor of the Grantor, or its successors andlor assigns and
shall cause same to be recorded in the Office of the County Recorder, County of Rivers }de,
California.
3. It is understood that the City may enter upon Grantor's property where
appropriate or designated for the sole purpose of getting equipment to and from the easement
area ( "Right of Entry "), City agrees not to damage Grantor's property in the process of
performing such activities. The Right of Entry includes the right to remove and dispose of real
and personal property located on Grantor's land that may impede the progress of the Project or
the use of the Temporary Construction Easement, after first obtaining the prior written
permission for removal from Grantor.
4. Reasonable access to Grantor's property across the Temporary Construction
Easement shall be maintained by the City at all firnes during the term of this Easement.
5. At the termination of the period of use of Grantor's land by City, but before its
relinquishment to Grantor, debris generated by City's use will be removed and the surface will
be graded and left in a neat condition, as close to the condition of Grantor's land that existed as
of the time of the execution. The City will not commit or permit the commission by others of any
waste within the Temporary Construction Easement area, and the City will not maintain, commit,
or permit the maintenance or commission of any nuisance as defined by California Civil Code
3479, within said area.
6. City hereby agrees to indemnify and hold harmless the Grantor, its successors
and assigns, from any loss damage, and/or liability either resulting from and/or arising out of the
City's, City's employees, agents and/or contractors possession, use, and/or activities performed
in or about the Temporary Construction Easement area and/or the Right of Entry.
7. City shall indemnify, defend, protect, and hold harmless, the Grantor and its
successors and assigns, from any and all claims, demands, judgments, penalties, fines, costs,
liabilities, damages, losses, or expenses including, without limitation, site repair, restoration
and/or remediation costs following or as a part of environmental response actions, any request
by any governmental agency to remediate contamination of any portion of the Temporary
Construction Easement area, the soil, and/or ground water or other property, damages for the
loss or restriction on the use of the Temporary Construction Easement area, settlement of
claims, attorneys' fees, consultant fees, expert fees, which arise either during or after the
expiration of the Temporary Construction Easement from or in connection with an actual
deposit, release, or discharge by the City, its agents, employees, contractors, or invitees, of any
chemicals or hydrocarbons in or about the Temporary Construction Easement area and/or the
City's removal and disposition of any property from the Temporary Construction Easement area.
8. At all times during the term of the Agreement the City will keep and maintain at
its own expense, adequate commercial general public liability and property damage insurance
coverage, naming the Grantor as an "additional insured" with public liability limits not less than
Five Million Dollars ($5,000,000). The City will maintain Workers Compensation Insurance and
Employer's Liability Insurance for itself and its employees, and will require coverage for its
agents, contractors and invitees who may enter upon, possess and/or use any portion of the
Temporary Construction Easement area where said entrance, possession and/or use is at the
specific direction of the City.
PROJECT: 1110 — Indian Avenue Interchange
PARCEL: CI -23
APN, 669 -093 -011
9. 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.
10, 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 Robert W. M iner, Jr
611 South Palm Canyon Drive
Suite #7 -456
Palm Springs, CA 92264 -7456
Phone Number: (907) 301 -0110
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 -832:5
E -mail address: 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.
11. 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.
PROJECT: 1110 - Indian Avenue interchange
PARCEL: CI -23
APN: 669 -093 -011
12. This Temporary Construction Easement Deed together with the Right of Entry
and Temporary Construction Easement Agreer entered into between the parties dated
S` Zny , 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 a nd 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.
13. 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, and all the parties thereto shall be jointly and
severally liable thereunder.
14. 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.
15. 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.
16. 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, 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.
17. City and Grantor agree as follows:
Nothing herein contained shall be deemed to be a gift or dedication of any portion
of the Temporary Construction Easement area to or for the general public
whatsoever, it being the intention of the Grantor that this Right of Entry and
Temporary Construction Easement shall be strictly limited to and for the purposes
herein expressed.
The City agrees that the Temporary Construction Easement granted herein shall
not run with the land, and shall not inure to the benefit of all persons who may
have the temporary right to use the Temporary Construction Easement. Rather,
the easement granted herein is strictly limited to the purposes identified herein,
and automatically terminates upon the expiration date as identified in Section 3 of
this Agreement.
[SIGNATURE PAGE FOLLOWS]
PROJECT: 1110 — Indian Avenue Interchange
PARCEL: CI -23
APN: 669 - 093 -011
Dated: y 4e Zvt::1 r GRANTOR:
Robert Wilson Miner Trust Dated April 13,1998
BY: .��
F�616ert W. Miner Jr., Succe sor Trustee
APPROV"D BY CITY COUNCIL
CITY:
CITY OF PALM SPRINGS, a municipal corporation
By ?
David H. Ready, City Man
ATTEST:
By.
mes Thompson, City Clerk
APPROVED AS TO FORM:
WOOWUFF, SPRADLIN $SMART
By:
ugla6 C. Hollind City Attorney
PROJECT: 1/10 - Indian Avenue Interchange
PARCEL: CI -23
APN: 669 - 093 -011
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF rj r )
On ��,1 Io 4 -c-� before me, �� b Notary Public,
personally appeared n� <,., i r who proved to
me on the basis of satisfactory evidence to be the person( whose name( isla{e subscribed to
the within instrument and acknowledged to me that he/aheAhey executed the same in
hislf=►a r authorized capacity(+s&), and that by hisher-,heiFsignature( -) on the instrument the
persons -), 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.
Signatur rn
My Commission Expires s t I'`t , �)-t i I This area for official notarial seal
B. OTT B
Commission * 1785696
Notary PutrHc - California
Riverside County
My Comm. Expires Dec 17, 2D11
ASSESSOR'S PARCEL NO. 669- 093 -011
PARCEL CI -23
Exhibit "A"
A temporary easement for construction pu rposes in and to that portion of Section
23, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of
Palm Springs, County of Riverside, State of California, as shown on Record of
Survey recorded in Book 45 Page 40 of Records of Survey, on file in the Office of
the County Recorder of said County, more; particularly described as follows:
COMMENCING at the intersection of the Southerly Right -of -Way of
Garnet Avenue (60.00 feet wide) as shown on said Record of Survey and the
Easterly Right- of-Way of Indian Avenue (1 00.00 feet wide) as shown on said
Record of Survey; thence along said Southerly Right -of -Way line S.76 °08'01 "E.,
62.120 meters; thence leaving said Right -of -Way line S.13 1.500
meters; thence N.76 0 08'01"W., 1.499 meters to the TRUE POINT OF
BEGINNING; thence (1) S.13°51'59"W., 2.965 meters; thence (2) N.76
16.976 meters; thence (3) N.78 5.276 meters to a tangent 125.000
meter radius curve to the left; thence (4) along said curve, through a central
angle of 6 °23'39 ", an arc length of 13.950 meters to a 50.000 meter radius
compound curve; thence (5) along said curve, through a central angle of
13 an arc length of 11.398 meters to an 11.000 meter radius compound
curve; thence (6) along said curve, through a central angle of 37° 28'10 ", an arc
length of 7.194 meters; thence non tangent (7) S.00 58'42"W., 83.401 meters;
thence (8) N.89 40'36W., 3.787 meters to a point on said Easterly Right- of-Way
(15.240 meters Easterly, as measured at right angles from centeriine); thence (9)
Page 1 of 2
along said Easterly Right -of -Way N.00 0 19'24 "E., 20.297 meters; thence (10)
leaving said Easterly Right -of -Way line N.07 °47'26 "E., 11.727 meters; thence
(11) N.00 °19'24 "E., 47.517 meters to a tangent 10.000 meter radius curve to the
right; thence (12) along said curve, through a central angle of 81 0 18'46 ", an arc
length of 14.192 meters to a 71 .000 meter radius compound curve; thence (13)
along said curve, through a central angle of 22 0 13'49 ", an arc length of 27.547
meters; thence (14) S.76 °08'01 "E., 21.827 meters to the TRUE POINT OF
BEGINNING.
The above - described easement is temporary and shall expire on the
last day of the 24th month following the giving of notice
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
Califomia Coordinate System of 1983, Zone 6. To convert meters to the U.S.
Survey Foot, multiply distances by 393711 200.
Area = 437.779 sq. meters, 0.0438 hectares
- 'l-OZ
Michael A. Havener, PLS 7354 Date
Exp. 12 -31 -09
SAN D SCR
A. IY,gy� Y
Exp.121311Dq
No. 7354 Q
Page 2 of 2
EXHIBI I 13
N p8 1'Sp- ` +r
P.O.C.— ` W (R) .�
INT. SLY R/W 1 °'
GARNET WITH THE ELY R/W 5 7g�8.p1- E
INDIAN AVE. PER
R.S. 45/40
o I
11 �7 E
N
Q
C3 LtI l:Q
c V14
cs
c� C>
n PL 4 r �z
.-- `,rBj1141
Y
mW cc fl,
LLJ
� �
(< r,
Q co�
0
z oC;
z
I�
a
��ECW DER 1N
Noy 4S 7,998 D0. R 79809
– R/W pER C A 1 1
62.120 m �EEQ REC ��
1s22
�TCt IA+ B C
l � �
Z
Q 3.787 m
Q 15.240 m N 89'40'36' W
Z
LEGEND
TABULA7ED LME DATA
v 1
BEARING
5 70 P G'
w
,.Y
1
1.500 m
4� m 41
N 76'09'06' W
16.976 m
L3
N7g�
l��
L4
S 76'08'01" E j
o
7.194 m
C4
8118'46"
10.000 m
:
Go
71.000 m
CI -23
669 -093 -011
Z
Q 3.787 m
Q 15.240 m N 89'40'36' W
Z
LEGEND
TABULA7ED LME DATA
LINE
BEARING
LENGTH
L1
S 13'51'59' W
1.500 m
L2
N 76'09'06' W
16.976 m
L3
N 78 W
5.276 m
L4
S 76'08'01" E j
21.827 m
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
Cl
623'39
125.000 m
13.950 m
C2
13'03'41"
50.OD0 m
11.398 m
C3
37'28'10'
11.000 m
7.194 m
C4
8118'46"
10.000 m
14.192 m
C5
12-213'49
71.000 m
27.547 m
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 437.8 SQ. METERS (0.0438 HECTARES)
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
CI CITY OF PALM SPRINGS PARCEL NO.
R/W RIGHT –OF –WAY
LAND s
o`'P FQ
� p �
�L
EXP. 31 DEC 09
� 9 No. 735
�` CAL�
DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO.: CI -23
OTHERWISE NOTED. MULTIPLY DISTANCES
BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA /MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT. 1- 10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE
TO U.S. SURVEY FOOT MULTIPLY
DISTANCES BY 3937/1200. DATE:3 -27 -09 SHEET I OF 1 SHEET
PALM S -
�; � City of Palm SP 17li��S
i Office of the Cit`_• Clerk
^r04 r OA ATEn ?, �(I(1 F.. ZailtlU]rZ (-arn'i)n P:1j1n Sr rI ngs. Ca 111 orll ifi
c'q
trFO�4\Q rtl i hi>>; ;_s a Fa. ,oU> , s; - • v L �, WU.pai ❑1S��rlf, y-
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
TEMPORARY CONSTRUCTION EASEMENT DEED
Real property in the City of Palm Springs, County of Riverside, State of California,
as described:
Land described in Exhibit "A"
APN: 66"93 -011
dated: April 6, 2009,
from,
Robert W. Miner Jr.
Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998
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
4 day of March, 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 22 day of April, 2009.
JAMES THOMPSON
City Clerk
Post Office Box ?743 • Palm Springs, California 9- 3