09_0291551Recorded 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)
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ii rside C o. 'Trans portatiOO
DOC # 2009 - 02015511
06/09/2009 08 :0 0A Fee :NC
Page 1 of 12
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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S: R U PAGE SIZE DA M[SC LONG RIFE) COPY
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M A L 466 426 POOR NCOR SMF 7lCH „ exAM
PROJECT: MILES AVENUE & CLINTON STREET 1
PARCEL: 0389 -64A
APN: 608 - 051 -017 (portion)
I• � � s ,
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SEAN G. ROBY AND VIVIAN M. ROBY,
HUSBAND AND WIFE AS JOINT TENANTS, ( "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 -051 -017 referenced as Parcel 0389 -64A and
described on Exhibits "A" and "B" attached hereto and made a part hereof,
1
04.28.09 3.16
Other terms of Temporary Construction Easement Deed (hereinafter, the "Deed "):
1.1 County shall pay to the order of Grantor the sum of Seven Thousand Five
Hundred Twenty Five Dollars ($7,525) 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 Nine Hundred Eight (908) square feet referenced as
Parcel 0389 -64A 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.
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' 0`� 3.3 Reasonable access to Grantor's property across the Temporary
IM 0 Construction Easement shall be maintained by the Grantee at all times during the term
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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.
2
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 Sean G. Roby and Vivian M. Roby
81 -492 Helen Avenue
Indio, California 92201
If to County COUNTY OF RIVERSIDE
Department of Facilities Management
Real Estate Division
3133 Mission Inn Avenue
Riverside, California 92507
Attention: Maribel Hyer
Real Property Agent
Phone Number: (951) 955 -8431
Fax: (951) 955 -4837
E -mail address: MAHyer @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
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.
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 , 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 the Board of Supervisors have
approved and executed all documents.
4
Dated. L /� 4
ATTEST:
Kecia Harper -Them
Clerk to the Board
By: ;;�6' 'c' "�
Deputy
APPROVED AS TO FORM:
Pamela J. Walls,
County Counsel
4
Syn� is M. Gunzel `
Deputy County Counsel
• i 0
By:
Sean G. Roby
� 2 f
Vivian M. Roby
COUNTY OF RIVERSIDE
By:
J ff Stn hairman
Bo of ervisors
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06"'A9/ ,.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On April 28, 2009, before nee, Sandi Schlemmer, Deputy Clerk, personally appeared Jeff Stone,
Chairman of the Board of Supervisors, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument; and that a
copy of this paper, document or instrument has been delivered to the chairperson.
I certify under the 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
Kecia Harper- lberrm
Clerk of the Board of Supervisors
By;
Deputy Clerk
(SEA L)
111 unuixiiiuuwuNUNii , 2909-0291551 .,
THIS ACKNOWLEDGEMENT IS SUBMITYED PURSUANT TO GOVERNMENT CODE § 25103
STATE OF CALIFORNIA )
COUNTY OF
On h ,.j b (V , before
Notary Public in and for said County and Late, personally ap ared
)BV '0., , who proved to me on the basis of satisfactory
evidence to 64 the person whose name is/ subscribed to the within
_
instrument and acknowledged to me that shelf executed the same in
k herfteir authorized capacityyw, and that by h her /fir signature,( on the
instrument the person(X), 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:
4
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STATE OF CALIFORNIA }
}ss.
COUNTY OF )
On �� i , before me, o-
Notary Public in nd for said County and State, personally appeared
k who proved to me on the basis of satisfactory
evidence to be the per on(d) whose name} is /` subscribed to the within
instrument and acknowledged to me that he/ executed the same in
his /,b T authorized capacity(Je< and that by his /4er eff- signature s) on the
instrument the personal; 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:
Signature
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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 helshelthey 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 the Grantee
consents to the recordation thereof by its duly authorized officer.
Date
LIM
Robert Field, Director
Department of Facilities Management
1111111111111111111111111111111111111111111111111111111 - � °r�'�R -. of' 12
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 o the date below and the Grantee
consents to the recordation thereof by its ul a onz d officer.
Date By;
Robert Field
Assistant County Executive Officer /EDA /FM
INN�HINVhI�IIN��IIInIINIIIIIIflnIIIW " °09 °?'':`°
LEGAL DESCRIPTION
CLINT STREET
TU.W #' X - AAY - 0# •
PARCEL NO. 0389-64A
That certain parcel of land situated in the unincorporated territory of the County of
Riverside, State of California, being that portion of Lot 110 of Oasis Palms, as shown on 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 northeast corner of said Lot 110, also being the westerly right -of -way
line of Clinton Street (30.00' feet in westerly half width);
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thence along the easterly line of said lot South 00 °21'30" East 96.91 feet to the beginning
of a tangent curve concave northwesterly and having a radius of 20.00, said curve being
the southeasterly line of said lot;
thence along said southeasterly line and said curve southerly 31.51 feet through a central
angle of 90 °1529 ", a radial line of said curve from said point bears North 64 °52'36" West;
thence non - tangent from said curve North 44 °46'15'° East 17.25 feet to a line parallel with
and 7.86 feet westerly, as measured right angles, from easterly line of said Lot 110;
thence along said parallel line North 00 °21'30" West 104.77 feet to the northerly line of
said Lot 110;
thence along said northerly line North 89 0 54'00" East 7.86 feet to the POINT OF
BEGINNING.
CONTAINING: 908.10 Square Feet, more or less.
EXHIBIT "B" attached and by this reference made a part hereof
This description was prepared by
me or under my direction.
Levi David Cox, P.L.S. 7930
My license expires 12131109.
Date:
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1
Page 1 of 1
INDICATES '!DIFO,'WY 9R 79
CO, °JST,RJL'i'IGhd Ee'SFMENT, EXHIBIT
90 70 -/- S F PLAT
CLINTON STREET
TEMPORARY CONSTRUCTION EASEMENT
f .O.B.
L0T 110
PARCEL NO. —_
S89-64A
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PLAT TO ACCOMPANY A LEGAL
DESCRIPTION FOR CLINTON STREET
TEMPORARY CONSTRUCTION EASEMENT.
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74 -130 COUNTRY C? JS DRIVE, SUITE 201
PALM DESERT, CALIFORNIA 92260 -1655
CONSULT 760.346.7481 . 1=AX 760.346.8336 - w .RBF ccm
DATE: ,;PRNI J, 2008 2r, —ICO 2 2 C -64 A.
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G y LA .L RR W. WARD
CO OF RIVERSIDE
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ASSESSOR -COUNTY CLERK- RECORDER
CERTIFICATION
Recorder
P.O. SOX 751
Riverside, CA 92502 -0751
(951)4$6 -7000
h LLl] ;; "r ri ve rS i de. - as rc Lla e c. u o na
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
( Print or type the page numbers} and wording below
0 CLARIFICATION OF THE SEAM for the Riverside County Board of Supervisors
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Established .
�p 1893 ti
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County,
Date: "` — Z- - of
Signature:
Print Name:
Sandi Schlemmer, Deputy Clerk - Riverside County Clerk of the Board
ACR 601 P- AS4RE0 (Rev. 0112005)