09_0491794Cv .PY of document Recorded
on No.
RECORDING REQUESTED BY
Orange Coast Titie
WHEN RECORDED RETURN TO:
Attm James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquits Canyon Way
Palm Springs, CA 92262
Exemptfrom recording charges
under Government Code § 6103
12.30811030081001 PGICOj+Al
Cn 2C, - & e,
has not been compared with
original.
RIVERSIDE COUNTY CALIFORNIA
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PCOR
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EXAM
T: CTY
UNI
PROJECT: 1110— Indian Avenue Interchange
PARCEL: Ci -15
APN: 666 - 370 -005
�iiJ a r: eiCpf T
CRAPIG C`oASI' - 117 LE CDWiFIAN'Y
AS AN AC OMMOI)ATION ONLY. IT
RAS NOT BEEN, EXAMINED AS TO ITS
FXECU . -L DF , " " -.E' TO rM EFFECT
i3PJ`' 71Ti =.
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SONII'.A, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
( "Grantor" herein),
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 Number 666- 370 -005 referenced as Parcel CI -15 and described on Exhibits
"A" and "B" attached hereto and made a part hereof.
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 eight hundred seven (4,807) square feet referenced as
Parcel C1 -15 and described on Exhibits "A" and "B attached hereto and made a part hereof.
2. The rights granted herein may be exercised for twenty four (24) months
commencing on the date that the thirty (30) day written notice by City 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. 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
1
PROJECT: Ili 0 — Indian .Avenue Interchange
PARCEL CI -15
APN: 666 - 370 -005
thereon by Grantee, or its successors and assigns, its officers, agents and employees, and by
persons or entitles 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 it 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 terse, Grantee shal4
quitclaim its interest in such property to Grantor ar 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.
& 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 depositary, first class postage prepaid, and addressed as follows:
If to Grantor LAKHWIN DER SINGH TURNA
7590 Fairway Drive
Yucca Valley, CA 92284
If t� o 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 -8325
E -maiS address: Marcus .Fuller @palmsprings- ca.gov
PROJECT: 1110 — Indian Avenue interchange
PARCEL: CI -15
APN: 666 -370 -005
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 co nnection therewith.
11. This Temporary Construction Easement Deed together with the Right of Entry
and Temporary Construction Easement Agreement entered into between the parties dated
5A "2m Loz , 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 r 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 shali 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.
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
PROJECT: lil C — Indian Avenue Interchange
PARCEL: Ci - 1S
,APN: 666 - 370 -005
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 Tees and
other reasonable expenses in connection with such action or proceeding in addition to its
recoverable court cost.
Dated: el
GRANTOR:
SONIKA, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
BY: �l��t�'
Lakhwinder Singh Turna, President
CITY OF PALM SPRINGS, a municipal corporation
�.
By
David H. Ready, City M
ATTEST:
By:
es Thompson, City Clerk
APPROVED AS TO FORM:
W0098UFF, SPRADJ�L&
APPROVED BY GITY CGLIi�vIL
0
r
By: ?
iDou s C. H&Ia.ncl; Esq., City Attorney
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
} SE.
COUNTY OF )
On I ' f2,-Z- ' 0 `� before me, .SN�c }t � L L fi� � _l - Notary Public, personally
appeared L 'lei -I I� 'r.� f W- vk(� who proved to me on the
basis of satisfactory evidence be the person(.$) whose names isla;e' subscribed to the
within instrument and acknowledged to me that he /sire /ti ey executed the same in his /ilerAl - ieir
authorized capacity(ie. ), and that by his /I�r /ter signature(p jon the instrument the person(-C,),
or the entity upon behalf of which the person(A acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
CANDICE E ETTER
WITNESS my hand a officiai seal. o COMM. #1792D98 z
Notary Public • California o
Riverside County
rt 111 {� Comm, Expires Feb. 26, 2012
Signature
My Commission Expires: tf, k -j 'I_p l Z This area for official notarial seal
PALM
O� IA�i ,
' = City of Pahn Sp r-Ing s
i ` •�? Office of the Cite Clerk
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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: 666- 370 -005
dated: January 20, 2009
from,
SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
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
28 day of January, 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 28 day of January, 2009.
,MMES THOMPSON
City Clerk
Post Office Box 2743 • Palm Springs, California 92263 -2743
EXHIBIT "A"
INDIAN AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL 0I -15
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION
OF THE WEST HALF OF SECT ION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
9ERNARDIND BASE AND MERIDIAN, IN THE COUNTTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE
SURVEYOR GENERAL FEBRUARY 29, 1856, NgORE PARTICULARLY DESCRIBED AS
FOLLOWS!
COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN
AVENUE AS SHOWN ON CALTRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE
COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484;
THENCE ALONG SAID CENTERLINE OF 20TH AVENUE NORTH 0 0 23'14" EAST 29.869
METERS;
THENCE LEAVING SAID CENTERLINE S.89 "E., 12.192 METERS TO THE MOST
NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL "A" IN DEED
TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 18D8, PAGE 127
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT
OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT -OF-
WAY LINE OF INDIAN AVENUE (12.192 METER HALF WIDTH) AS DESCRIBED IN DEED TO
THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 iN BOOK 86, PAGE 92 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE N.00 °23'14 "E., 35.909 METERS;
THENCE LEAVING SAID EASTERLY RIGHT-OP-WAY LINE S.89 0 36'59 "E., 5.000 METERS;
THENCE S.00 0 23'14 "W., 37.098 METERS TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A 10.000 METER RADIUS;
THENCE ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 75 °40'29 ",
AN ARC LENGTH OF 13.208 METERS;
THENCE S.75 5"E., 1.472 METERS;
THENCE S.89 0 36'33 "E., 47.021 METERS TO A LINE THAT IS PARALLEL WITH AND DISTANT
73,152 METERS EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF
SAID WEST HALF OF SECTION 14;
THENCE ALONG SAID PARALLEL LINE S.00 0 23'14 "W., 5.193 METERS TO A POINT ON THE
BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY
RIGHT -OF -WAY LINE OF 20TH AVENUE (NORTH FRONTAGE ROAD )(WIDTH VARIES), SAID
POINT BEING THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHERLY,
HAVING A 45.724 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS N,05 0 39 1 26 "E.;
THENCE WESTERLY ALONG SAID BOUNDARY, SAID RIGHT -OF -WAY, AND SAID CURVE
TO THE LEFT, THROUGH A CENTRAL ANGLE OF 5 015'59 ", AN ARC LENGTH OF 4.203
METERS;
THENCE CONTINUING ALONG SAID BOUNDARY AND RIGHT -OF -WAY N.89 °36'33 "W.,
41.536 METERS;
Page 1 of 2
EXHIBIT "A"
INDIAN AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL CI -15
THENCE LEAVING SAID BOUNDARY AND RI3HT -OF -WAY N. °36'39 "W., 21.554 METERS
TO THE TRUE POINT OF BEGINNING.
THE ABOVE -DESCRIBED EASEMENT IS TEMPORARY AND SHALL EXPIRE ON
he last clay of the 24th mmth t'nEF� gj yi na o nnti r-p
OR AT COMPLETION OF CONSTRUCTION, WHICHEVER OCCURS FIRST. IT IS
UNDERSTOOD THAT UPON SAID TERMiNATiON DATE THE COUNTY OF RIVERSIDE HAVE
NO FURTHER OBLIGATfON OR LIABILITY IN CONNECTION WITH SAID EASEMENT.
CONTAINING 446.6 SO. METERS, 4,1307A SQUARE FEET, MORE OR LESS.
SEE EXHIBIT "B" ATTACHED AND BY THIS RF- FERENCE MADE A PART HEREOF,
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON
THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES
SHOWN BY 1,00002594 TO OBTAIN GROUND DISTANCES.
I I -- 7- / �- 09 o LAND S� -.
MICR EL A. HAVENER, PLS 7354 DATE < A N,q�
EXP. 12 -31 -09
Exp,12/310
THIS DOC} sMENr -i iRafl"EVVED BY
RIVERSIDE COIN TY SURVEYOR.
By-
DATE: o X z " n
V ,n�, N0.7354
a
aF C_m l
Page 2 of 2
EXHIBIT "B
TEMPORARY CONSTRUCTON EASEMENT
12.192 m S 139'3 - '59" E
"000 m
N
a
0
R/W LINE PER DEED
REC. 8/02/32 IN
BK. 85, PG. 92 G.R.
0
7 1. - 'S, DOC PZVIEWED BY
.- '7 i P,.. ,
m
�1.
� I
R f
f
WILY COR. ,9 `
PAR. "A" PER /y
DEED TO STATE
OF CALIFORNIA
REC. 10/1 B/55
IN BK. 1808
PG, 127 O.R. -rLi
P.O.C.
CENTERLINE INTERSECTION PER
CALTRANS MAP NO. 404563
(CO, SURVEYOR MAP 204 --484)
LEGEND
P.O.c.
T.P.O.9.
v,
41.536 m
41 I U ! Lif
E� LAND sU N I !
g l t o
d �
EXP. 31 DEC 09
x�
a-
9p
JF CAL
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 446.6 SO. METERS (4,807.4 SQUARE FEET)
POINT OF COMMENCEMENT
POINT OF BEGINNING
J 4/ �A J �Ilti1 -� l 2
APN 666 -374 --005 _
J � T^�
J JI J } JJ 1 �JJ
:� ARCEL
I E l-15 r
1£ S cn
N 89'36'33" W
BOUNDARY OF PAR. "A'
PER DEED REC. 10/1d/55
IN BK. 1130$, PG. 127 O.R.
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
�
LLB
LLB
10.000 m
1 13.205 m
X17
5'15'59
C!_J
4.203 m
rn
CD
m
UD
Ll,}
Ll_7
ti uu
x s
E
1L�
LL '
.�+,
W Q
E Lf�
r Lo Z
z
L;
N
a
0
R/W LINE PER DEED
REC. 8/02/32 IN
BK. 85, PG. 92 G.R.
0
7 1. - 'S, DOC PZVIEWED BY
.- '7 i P,.. ,
m
�1.
� I
R f
f
WILY COR. ,9 `
PAR. "A" PER /y
DEED TO STATE
OF CALIFORNIA
REC. 10/1 B/55
IN BK. 1808
PG, 127 O.R. -rLi
P.O.C.
CENTERLINE INTERSECTION PER
CALTRANS MAP NO. 404563
(CO, SURVEYOR MAP 204 --484)
LEGEND
P.O.c.
T.P.O.9.
v,
41.536 m
41 I U ! Lif
E� LAND sU N I !
g l t o
d �
EXP. 31 DEC 09
x�
a-
9p
JF CAL
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 446.6 SO. METERS (4,807.4 SQUARE FEET)
POINT OF COMMENCEMENT
POINT OF BEGINNING
J 4/ �A J �Ilti1 -� l 2
APN 666 -374 --005 _
J � T^�
J JI J } JJ 1 �JJ
:� ARCEL
I E l-15 r
1£ S cn
N 89'36'33" W
BOUNDARY OF PAR. "A'
PER DEED REC. 10/1d/55
IN BK. 1130$, PG. 127 O.R.
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
I LENGTH
Cl
75*40'29"1
10.000 m
1 13.205 m
C2
5'15'59
45.724 m
4.203 m
DISTANCES ARE IN METERS UNLESS
CO UNTY OF RIVERSIDE P AR. No.: c! -15
OTHERWISE NOTED. MULTIPLY D #STANCES PREPARED SY: KA /MH
BY 1,00002594 TO OBTAIN GROUND PROJECT: I -10 /INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE
DISTANC
Ke