09_0482153bRANGE COAST TITLE CO.
RECORDING REQUESTED BY
Stewart Title
WHEN RECORDED RETURN TO-
Attn: James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahqultz Canyon Way
Paim Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
12.1331050509100
DOC # 2009 - 0482153
0 9/16/2009 08 :00A Fee:NC
Page t of 10
Recorded in Official Records
County of Riverside
Larry U. card
Assessor, County Clerk & Recorder
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PROJECT: 1 /10 — Indian Avenue interchange
PARCEL: CI -26
APN: 666 -370 -025
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TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CHANG FAMILY PARTNERS, LIMITED PARTNERSHIP
( "Grantor" herein),
.:
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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 - 370 -025, referenced as Parcel CI -26 and described on Exhibits
"A" and "B" attached hereto and made a part hereof.
Subiect 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 seven hundred seventy eight (1,778) square feet
referenced as Parcel CI -26 and described on Exhibits "A" and "B" attached hereto and made a
part hereof ( "Easement Area "),
2. A thirty (30) day written notice shall be given to Grantor prior to using the rights
herein granted. The rights herein granted may be exercised for twenty four (24) months from
the thirty (30) day written notice, or until completion of said Road, whichever shall be sooner, at
which time this Deed shall be deemed null and void.
ROW: 1 -10 and Indian Interchange
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 Chang Family Partners, Limited Partnership
Attention: Carl Chang
30342 Esperanza
Rancho Santa Margarita, CA 92688
Phone Number: (949) 858.7800
Fax: (949) 858 -7825
Wi cop tfl: John F. O'Laughlin
Attorney at Law
30342 Esperanza
Rancho Santa Margarita, CA 92688
Phone Number: (949) 724 -1923
Fax: (949) 724 -1943
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
ROW: 1 -10 and Indian Interchange
With a Copy To : CITY OF PALM SPRINGS
Department of Public Works & Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, California 82262
Attention: Marcus Fuller
Assistant Director
Phone Number: (760) 323 -8253
Fax: (760) 322 -8325
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.
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
10, ?.009 , 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.
ROW: I -14 and Indian Interchange
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.
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.
[SIGNATURE PAGE FOLLOWS]
ROVV: 1-10 and Indian interchange
Dated: S -ZyLo y
_
GRANTOR:
CHANG FAMILY PARTNERS, LIMITED
PARTNERSHIP
By: Ly Enterprises, Inc., its general partner
BY: A _C" /_
J e Chang, President
CITY OF PALM SPRINGS, a municipal corporation
By:
David H. Ready, City M
ATTEST:
By:
IMei s Thompson, Cty Clerk
APPROVED AS TO FORM:
WOQQRUFF, SPRADLIN & SMART
By:
nd,
, City Attorney
APPROVED BY CiTY COUNCIL
t +i
ROW: 1-10 and Indian Interchange
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF Q f )
On k P4 before me, f1 A MfC{ZL, Notary Public, personally
appeared , who proved to me on the
basis of satisfactory evidence to be the personN whose name is/ subscribed to the within
instrument and acknowledged to me that helshWtoey executed the same in his /Nerftheir
authorized capacity(�es), and that by hislhaT44 ?ir signatureW 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
My Commission Expires: This area for official notarial seat
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ROW: I -10 and Indian Interchange
ASSESSOR'S PARCEL NO. 666 - 370 -025
PARCEL CI -26
Exhibit "A"
A temporary easement for construction purposes in and to that portion of the
West half of Section 14, Township 3 South, Range 4 East, San Bernardino Base
and Meridian, in the City of Palm Springs, County of Riverside, State of
California, as shown by United States Government Survey, approved February
29, 1856, more particularly described as follows:
COMMENCING at a point in the center line of Indian Avenue (also being
the West line of said Section 14), distant along said center line S.0
178.114 meters from the intersection of Indian Avenue with Caltrans "D1" fine as
shown on State Highway Right of Way Maps of State Road 8- RIV -10, on file in
the Riverside County Surveyor's Office as filed map numbers 204 -484; thence
S.89 °38'46 "E., 12.192 meters to the Easterly Right -of-Way line of said Indian
Avenue; thence along said Easterly Right -of -Way line S.00°23'14"W., 15.620
meters; thence leaving said Easterly Right -of -Way line S.89 °38'41 "E., 4.572
meters to the TRUE POINT OF BEGINNING; thence continuing (1)
S.89 °38'41 "E., 7.645 meters; thence (2) S.89 0 38'39 "E., 9.701 meters; thence (3)
S.00 °21' 19"W., 9.295 meters to the South line of said Section 14; thence (4)
along said South line S.88 17.358 meters; thence leaving said South
fine (5) N.00 °23'14"E., 9.748 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.
Page 1 of 2
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 1963, Zone 6, To convert meters to the U.S.
Survey Foot, multiply distances by 3937/1200.
Area = 165.189 sq. m, 0.0165 hectares
Michael A. Havener, PLS 7354 Date
Exp. 12 -31 -09
No. M
LAND S�
Exp. imijoq
C
Page 2 of 2
EXHIBIT "B °_
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STA 100}85.617 'D1'=
50+16.835 INDIAN AVE.
INTERSECTION OF INDIAN
AVENUE CENTERLINE WITH
CAL TRANS CALTRANS 'D1" LINE PER
'D ` LIN CS MAP 204 -482, -483,
AND -484
JN TATS 1D
(CS MAP 204 -484)
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LEGEND
P.O.C.
T.P.O.B.
R/W
CI
TABULATED LINE DATA
LINE
BEARING
LENGTH
L1
S 00'23'14' W
15.620 m
L2
S 89'38'41' E
4.572 m
L3
S 89'38'41' E
7.645 m
L4
S 89'38'39' E
9.701 m
L5
S 00'21'19' W
9.295 m
L6
S 86'51'42" W
17.358 m
L7
N DC'23'14' E
9.748 m
1`J
P J
L ,L,A, 98-9B
� APN 666- 370-025 REC.,, AJ0J�7 31 199E
a--2s IN -T, NO, 368379 D, P,-
4'
SECTI LINE P A r . I
R/W PER INSTR. NO. L' � A 9 4- 0 7
479809 REC. NOV. 4, R J G l D r (—', , 30 1 99 4
1998 O.R.
JN IST. NO, 483887 DA
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 165.2 SO. METERS (0.0165 HECTARES)
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
RIGHT -OF -WAY
CITY OF PALM SPRINGS PARCEL NO.
X
EXP. 31 DEC 0�g
, o 73D
CA1-
DISTANCES ARE IN METERS UNLESS OTY OF PALM SPRINGS PAR N O. 0--26
OTHERWISE NOTED. MULTIPLY DISTANCES
BY 1.00002594 TO OBTAIN GROUND PREPARED 8Y: 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 ISHEET I OF 1 SHEET
PALM
V u�
* �Dea1La
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City of Palm Springs
Office of the City Clergy;
?200 E. Tahcloitz Canyon Way • Palm Springs, California )2262
Tel: (760) 323 -8204 * Fax: (760) 322 -$332 • Web: www.palmsprin�5- ca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
TEMPORARY CONSTRUCTION EASEMENT DEED
ASS67
Real property in the City of Palm Springs, County of Riverside, State of California,
as described:
Land described in Exhibit "A"
APN: 666 - 370 -025
dated, May 29, 2d09,
from,
Chang Family Partners, Limited Partnership
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
20th day of July, 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 20th day of July, 2009.
; JAMESTHOMPSON
City Clerk
Post Office Box 2743 • Palm Springs, California 92263 -2743