09_0505884RECORDING REQUESTED BY
Grange Coast Title
WHEN RECORDED RETURN TO:
Attn: James Thompsor
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahqui-� Canyon Way
Faim Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
C OPY of Document Recc)r:Ier�
on r � —
2
has not been compared with
original.
LARRY W. WAR
County Recorder
RIVERSIDE COUNTY, CALIFORNIA
12 .37511204081001 PGZ0jw (space above this line reserved for Recorder's use)
PROJECT: 1110 - Indian Avenue Interchange
PARCEL: CI -21
APN(s): 666- 330 -081 and 666- 330 -082
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PILOT TRAVEL CENTERS LLC, A DELAWARE 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 Numbers 666- 330 -081 and 666- 330 -082, referenced as Parcel CI -21 and
described on Exhibits "A" and "B" attached hereto and made a part hereof.
Sub•ect to: Other terms of Temporary Construction Easement Deed and incorporating by
this reference the terms of the Right of Entry and Temporary Construction Easement A reement
executed by the Parties on even date herewith (hereinafter, the "Deed "): g
1. The temporary construction easement, used during construction of the project
consists of approximately eleven thousand twenty six (11,026) square feet referenced as Parcel
CI -21 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
Grantors 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,
including but not limited to, both existing driveways shall be open for ingress and egress at all
times.
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 within the Easement Area.
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 David Clothier
5508 Lonas Road
Knoxville, Tennessee 37909
Phone Number: (865) 588 -7488
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
ROW: 1 -10 and Indian Interchange
With a Copv To: CITY OF PALM SPRINGS
Department of Public Works & Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attention: M arcus Fuller
Assistant Di rector
Phone Num ber: (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
_: �AMWA-Y 2O. Z00 , 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, personai
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.
3
ROW: 1 -10 and Indian Interchange
15. Grantor, their assigns and successors in interest shalt be bound by ali the terms
and conditions contained in this Deed, and ail the parties thereto shall be jointly and severaliy
liable thereunder.
16. Time 'es 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.
GRANTOR:
Dated: January 28, 2009 PILOT TRAVEL CENTERS LLC,
A DELAWARE LIMITED LIABILITY COMPANY
BY.
David Clothier, Controller
CITY OF PALM SPRINGS, a municipal corporation
By: �.
David H. Ready, City er
ATTEST:
By:
ames Thompson, City Cleric
APPROVED AS TO FORM:
WOOQRUFF, SPRADLIN & SMART
� as C. H(oilan
�q,ity Attorney
APPROVED BY CITY COUNCIL
ROW: 1 -10 and Indian Interchange
ACKNOWLEDGEMENT
lzn r-1 e_ Q-C,
STATE OF eALIf6i mt A- )
) �5
COUNTY OF n o )
On 1 - Z - O g before me, Notary Public, personalty
,,,i,
appeared 'Dpa -f-,', c.,� 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.
Signat re
My Commission Expires: This area for official notarial seal
v
Pas
:o '
;r d.
9
ROW: 1 -10 and Indian interchange
PALM S
X11 r� A 'P i
City of Palm Springs
c
Offi of the Ciro- Clerk
RPORATf� ;200 E. Tahquirz Canyon Way • Palm rin
jplrs. California
C -4 0? t4' Tet: i�60i ,r3_g.0 • Fa_•: i�60 �^ ;ry WeL: wan , paImspriu_ - cn. uv
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 - 330 -081 and 666- 330 -082
dated: January 28, 2009,
from,
PILOT TRAVEL CENTERS LLC
A DELAWARE 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
4th 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 4 day of March, 2009•
JAMES THOMPSON
City Clerk
Posr Office Box 2743 • Palm Springs, California 92?63- 2743
ASSESSOR'S PARCEL NO.'S 666- 330 -081 & 666_330_082 Exhibit "A"
PARCEL CI -21
A temporary easement for construction purposes m and to those portions of
Parcels 1, 2, and 13 of Parcel Map 21921 in the City of Palm Springs, County of
Riverside, State of California, as shown by map on file in Book 162 Pages 18 -23
inclusive of Parcel Maps, in the Office of the County Recorder of said County,
more particularly described as follows:
COMMENCING at the Northeast corner of said Parcel 2; thence along the
Northerly line of said Parcel and the Southerly Caltrans Right-of-Way line 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 maps numbers 204.483
N.66 °37'25"W., 2.898 meters to the TRUE POINT OF BEGINNING; thence (1)
leaving said Northerly line and said Right -of -Way line S.00 °21' 19 "E., 57.492
meters; thence (2) S.89 "E., 1.998 meters; thence (3) S.00 °1 9'24 "W.,
18.615 meters; thence (4) S.00 °19'24 "W., 9.942 meters to a tangent 13.500
meter radius curve to the right; thence (5) along said curve, through a central
angle of 9 1 55'36 ", an arc length of 2.339 meters; thence (6) 5.54 °00'27"W.,
15.215 meters to a point in the Southerly fine of said Parcel 1 being a point on
the Northeasterly Right -of= -Way line of Garnet Avenue (13.411 meters
Northeasterly, as measured at right angles from centerline); thence (7) along said
Right -of -Way line N.76 °08'20 "W., 176.756 meters to the Southwest corner of
said Parcel 13; thence (8) leaving said Right -of -Way line along said Westerly line
N.00 01'33 "W., 3.090 meters; thence (9) leaving said Westerly line
Page 1 of 2
5.76 0 08'20 "E., 30.287 meters; thence (1 G) N.58 °58'28 "E., 2.126 meters; thence
(� 1) S.76 146.752 meters; thence (12) N.54 0 00'27 "E., 11.521 meters;
thence (13) N.00 0 21'19 "E., 11.970 meters; thence (14) N.89 °38'41 "W., 4.584
meters; thence (15) N.00 ,1 21'19 "E., 16.924 meters; thence (16) S_83 °38'41 "E.,
2.684 meters; thence (17) N-00 9"F--, 58.300 meters to a point in said
Northerly line of Parcel 2 and said Southerly Caltrans Right -of -Way line; thence
(18) along said Right - -of -Way line S.66 °37'25 "E., 2.064 meters to the TRUE
POINT OF BEGINNING.
The ' above-described easement is ternporary and shall expire on f4 IeAj, -
�".uA or at completion ofZonstruction, A
$ chever 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 or the
California Coordinate System of 1983, Zone 6. To convert meters to the U.S.
Survey Foot, multiply distances by 3937/1200,
Area = 1024.383 sq, meters, 0.1024 hectares
�G�s� -�"1 S • D�- Q
Michael A. Havener, PLS 7354 pate
Exp. 12 -31 -09
f SANG S�
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No. 7354 q
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Page 2 of 2
EXHIBIT B �D SAND
(Ci T i
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EXP. 31 0 C O9
1 T Ho . 75
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-- APPROKIMATE LOCATION OF
LINE AS SHOWN ON ASSESSOR
~ SHEET 666 -33
SEC 1
5EC 22
i
666- 330 -081 f1
r1J I Frlr]1 2
666 330 - 044
- I
- Dl
D
F A r,, ] 3
666 - 330 -082
1 -
c
JUN2 221 1998
LEGEND
TEMPORARY CONSTRUCTION EASEMENT AREA
AREA = 1024.4 SO. METERS (0,1024 HECTARES)
P.O.C. POINT OF COMMENCEMENT
T.P.O.6. TRUE POINT OF BEGINNING
Cl CITY OF PALM SPRINGS PARCEL NO.
R/W RIGHT -OF -WAY
LOT "AB
25,E
22 23
z�
DISTANCES ARE IN METERS UNLESS OF PALM SPRINGS PAR. N0.: C[ -21
OTHERWISE NOTED, MULTIPLY DISTANCES CITY
BY %OOOC2594 TO OBTAIN GROUND PREPARED BY: KA/MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1- 101INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE
TO U.S. SURVEY FOOT MULTIPLY
DISTANCES BY 3937/1200. DATE73 - SHEET t OF 3 SHEETS
j
I
Edo" ..30 --081
APPROX. LOCATION OF
LINE AS SHO^ ON 6
ASSESSOR SHT. 660" -33
�
89'3$'41" E
2684 m T
E
�
686- 330 -082
Pal \ll�
666 -330 -044
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Lor n
7P44(16.9 PER ?7;7
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I N T LE r� J 7 .'\> T 7E -1 D 1
ACS MAP 204 -4$3) 3 1
T P.O.S. R
S 86 X64 �
ZS z P.O.C.
/ N.E. COR, j
/ PAR. 2
NO TE: SEE SHEET 3 FOR TABULATED I
LINE AND CURVE DATA. f
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E
E
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Qy r
Z ` O m
J41 Z:
4.584 m
CI -21 N 8 9'38'41" W f
7JrZ SEE DETA aAe
SHEET 3 1 f
n; !
776.7S
7B t07
PER 8� 21(6 0 76217
AUK s ' PC . 5
GA 1196;, O R
t
DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NC.: 0I - 21
OTHERWISE NOTED. MULTIPLY DISTANCES CITY
BY 1.00002594 TO OBTAIN GROUND PREPARED SY: KA /MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT, 1 10/INDIAN AVENUE INTERCHANGE SCALE:
TO U.S. SURVEY FOOT MULTIPLY NOT TO SCALE
S
E
r� n
°
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rn
4.572 m
_ 1514
m
�
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z 22123
w
o�
S
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C)
!
J41 Z:
4.584 m
CI -21 N 8 9'38'41" W f
7JrZ SEE DETA aAe
SHEET 3 1 f
n; !
776.7S
7B t07
PER 8� 21(6 0 76217
AUK s ' PC . 5
GA 1196;, O R
t
DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NC.: 0I - 21
OTHERWISE NOTED. MULTIPLY DISTANCES CITY
BY 1.00002594 TO OBTAIN GROUND PREPARED SY: KA /MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT, 1 10/INDIAN AVENUE INTERCHANGE SCALE:
TO U.S. SURVEY FOOT MULTIPLY NOT TO SCALE
S
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15.764 m
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DISTANCES BY 3937/1200. - DATE:3-- -27 -[39 HEET 2 OF 3
I I W
m�
4.5$4 4� t " \
N 89'38'41" Z
CI -21 8525'40° E (R)
'55'38"
3.500m
L = 2.339 m
n
o o
� �R)
SEC 15 ° QEIAEL "A "
5EC 22 NOT TO SCALE
S 76.08, G E N 58 "58'28" E N
� --- 126 m 1
LOT -,E. ~ ZI'- -- PA 13 1J W
162 /1 23 _ Slab CI -21 856- 330 =082
8 20.
E
76 b8 20° Ls.!
COT - w w 1q.6 7 Ltd
P)d I
r62 /1g_R 3 � 176 .766 2 m � rmn
to
r60 ) R
RFC
C` A UG. 26, g 5 50g
L A, 98
Hl ,C, JJJNE 222 1998
DISTANCES ARE IN METERS UNLESS CI- �� �� R� PAR. NO. ; CI -21
OTHERWISE NOTED. MULTIPLY DISTANCES
BY 1.00002594 TO OBTAIN GROUND PRFPAREO 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. OATE:3 -27 -09 SHEET 3 OF 3 SHEET
TABULATED LINE DATA
LINE
BEARING
LENGTH
L1
S 89'38'41 ` E
1.998 m
L2
. S 434'20" W
9.942 m
L3
S 54 ' 27" W
15.215 m
L4
N 54'00'27 E
11.521 m
m�
4.5$4 4� t " \
N 89'38'41" Z
CI -21 8525'40° E (R)
'55'38"
3.500m
L = 2.339 m
n
o o
� �R)
SEC 15 ° QEIAEL "A "
5EC 22 NOT TO SCALE
S 76.08, G E N 58 "58'28" E N
� --- 126 m 1
LOT -,E. ~ ZI'- -- PA 13 1J W
162 /1 23 _ Slab CI -21 856- 330 =082
8 20.
E
76 b8 20° Ls.!
COT - w w 1q.6 7 Ltd
P)d I
r62 /1g_R 3 � 176 .766 2 m � rmn
to
r60 ) R
RFC
C` A UG. 26, g 5 50g
L A, 98
Hl ,C, JJJNE 222 1998
DISTANCES ARE IN METERS UNLESS CI- �� �� R� PAR. NO. ; CI -21
OTHERWISE NOTED. MULTIPLY DISTANCES
BY 1.00002594 TO OBTAIN GROUND PRFPAREO 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. OATE:3 -27 -09 SHEET 3 OF 3 SHEET
D
4 E
SN
U.
rn
r
ED
CD
N
Lt
w
4
m�
4.5$4 4� t " \
N 89'38'41" Z
CI -21 8525'40° E (R)
'55'38"
3.500m
L = 2.339 m
n
o o
� �R)
SEC 15 ° QEIAEL "A "
5EC 22 NOT TO SCALE
S 76.08, G E N 58 "58'28" E N
� --- 126 m 1
LOT -,E. ~ ZI'- -- PA 13 1J W
162 /1 23 _ Slab CI -21 856- 330 =082
8 20.
E
76 b8 20° Ls.!
COT - w w 1q.6 7 Ltd
P)d I
r62 /1g_R 3 � 176 .766 2 m � rmn
to
r60 ) R
RFC
C` A UG. 26, g 5 50g
L A, 98
Hl ,C, JJJNE 222 1998
DISTANCES ARE IN METERS UNLESS CI- �� �� R� PAR. NO. ; CI -21
OTHERWISE NOTED. MULTIPLY DISTANCES
BY 1.00002594 TO OBTAIN GROUND PRFPAREO 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. OATE:3 -27 -09 SHEET 3 OF 3 SHEET