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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� ��n G n� No. 7354 q ti Page 2 of 2 EXHIBIT B �D SAND (Ci T i r EXP. 31 0 C O9 1 T Ho . 75 () fi cxo. � lr� -- 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 n F- tiI W �1 f, . Ap,p 1J Lli S 76 -08 Lor n 7P44(16.9 PER ?7;7 a• I4 � r r"s L D T h 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 i F J E E n! tf) 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 ° � rn 4.572 m _ 1514 m � � z 22123 w o� S - E w 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 E r� n ° � rn m � � 15.764 m w o� - E w ¢� cc Q N C) R to { _ z a ° m. I / 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