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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 11111111 111111111111111111 1111111111111111111111 1 11 S R U PAGE SIZE= DA MISC I LONG RFD COPY M A L 465 426 PCOR NCOR SMF CH / EXAM UNI �! o T, CTY PROJECT: 1 /10 — Indian Avenue interchange PARCEL: CI -26 APN: 666 -370 -025 �6bb� TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CHANG FAMILY PARTNERS, LIMITED PARTNERSHIP ( "Grantor" herein), .: T O4 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 � 1170lMea N UN !. Ifll?F � G t bno • �a111arNa commwrore 0 1 797845 coin► M"r RAft - caa kwrft Mw 18,Zn P Or co MraOe m 0PW Mir1 Its2M2 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 °_ E �r 3 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) E tV N o C) I c o (J7 � f ai ci � r mLoW r w 1 14 < Z 9& 7 c � f z m 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 c �C! :0? 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