09_0619221RECORDING REQUESTED BY
Stewart Title
WHEN RECORDED RETURN TO:
Attn: James Thompson
City Clerk
CITY OF PALM SPRINGS
32DO E. Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
DOC N 2009 - 06x.3221
12/02/2009
Customer Copy Label
The paper to which this label is
affixed has not been compared
with the recorded document
Larry W Ward
County of Riverside
Assessor, County Clerk & Recorder
12.221\112008=1PGLCOjw (Space above this line reserved for Recorder's use)
PROJECT: 1/10 – Indian Avenue Interchange
PARCEL: CI -25
APNs: 669 -091 -017 and 669- 091 -018
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Palm Springs Partners, 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 Numbers 669 -091 -017 and 669 -091 -018, referenced as Parcel CI -25 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 three thousand eight six (3,086) square feet referenced as Parcel Cl-
25 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.
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
PROJECT: 1110 — Indian Avenue Interchange
PARCEL: C1 -25
APNs: 669 -091 -017 and 669 - 091 -R18
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 al# 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 John Waddell
31878 Del Obispo, #118 -488
San Juan Capistrano, CA 92675
Phone Number: (949 436 -2980
With Copy To : John F. O'Laughlin
Attorney at Law
30342 Esperanza
Rancho Santa Margarita, CA 92688
Phone Number: (949) 858 -7800
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: (959) 955 -4837
E -mail address: JRForce @rc- facilities.org
2
PROJECT. 1/10 — Indian Avenue Interchange
PARCEL. CI -25
APNs: 669 -091 -017 and 669- 091 -018
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 -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 add ress 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
Uuo E �Q3, Ao q , 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.
PROJECT: 1/10 — Indian Avenue Interchange
PARCEL: CI -25
APNs: 669 -091 -017 and 669 -091 -018
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.
Dated:
CITY OF PALM SPRINGS, a municipal corporation
B y: 2�
David H. Ready, ger
GRANTOR:
Palm Springs Partners, LLC,
A California Limited Liability Company
Y - ��( — ( � ",
Gohn Waddell, Manager
ATTEST:
By:
mes Thompson, City Clerk
APPRO ED AS TO FORM:
WOODR , SPRADLIN & SMART
APPROVED BY CITY COUNCIL
By: 7 \ f
D96glas . Hollan ., City Attorney
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF � )
On ;Tbne, Q ZUE before me, Notary Public, personally
app eared _ c7h(l 11 who proved to me on the
basis of satisfactory evidence to be the personal whose name(aj is /me subscribed to the within
instrument and acknowledged to me that he /sheAhe executed the same in his /14--r4their-
authorized capacity(ics), and that by his/hefAheiF 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.
Signature 4, -
My Commission Expires: Zoe- This area for official notarial seal
XAP
•.
�► 1 moo+ i
- Call,
Counl� _
Exhibit "A"
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
ASSESSOR'S PARCEL NO. 669-091-017,669-091-018 Exhibit "A"
PARCEL CI -25
A temporary easement for construction, p urposes in and to that portion of Parcel
1 of that certain notice of Lot Line Adiustrnent No, LLA 94 -07 in the City of Palm
Springs, County of Riverside, State of California, as recorded December 30,
1994 as Instrument No, 483867 of Official Records, in the office of the County
Recorder of said County, more particularly described as follows:
COMMENCING at the intersection of the Easterly line of said Parcel 1 with
the Northeasterly Right -of -Way line of Garnet Avenue (said Northeasterly line as
shown on Grant of Right -of -Way Document recorded November 4, 1998, as
Instrument No. 479809, and said line being 15.240 meters Northeasterly, as
measured at right angles from centerline); thence along said Northeasterly Right -
of-Way line of Garnet Avenue N.76 °08'01 "W., 78.166 meters to the TRUE POINT
OF BEGINNING; thence (1) continuing along said Northeasterly Right -of -Way
line N.76 0 08'01 "W., 1.951 meters to a tangent 4.572 meter radius curve to the
right; thence (2) along said curve through a central angle of 76 0 27'25 ", an arc
length of 5.102 meters to the Easterly Right -of -Way line of Indian Avenue
(16.764 meters Easterly, as measured at right angles from centerline); thence (3)
along said Easterly Right -of -Way line N.00 °19'24'E., 48.926 meters to the
Northerly line of said Parcel 1; thence (4) leaving said Easterly Right -of -Way line
and along said Northerly line N.88 °51'42"E., 17.358 meters; thence (5) leaving
said Northerly line S.00 0 21'19'Vd., 11.797 meters; thence (6) N.89 11 38'39 "W.,
Page I of 2
15.346 meters; thence (7) S.DO °19'24 "W. , 38.208 meters; thence (6)
5.38 °0945 "E., 5.460 meters to the TRUE PDINT 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.
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
California Coordinate System of 1983, Zane 6. To convert meters to the U.S.
Survey Foot, multiply distances by 393711200.
Area = 287 sq. meters, 0.0267 hectares
ff1 "'2"j : j' 2 + f' — Z G21• O%
Mic Rael A. Havener, PLS 7354 Date
Exp. 12 -31 -09
�JQtiL A. b y , •`
Exp,17131/a4� �
No. 7
Page 2 of 2
TABULA
UNE B
BEARING L
LENGTH
L1 S
S 38'09'45 E 5
5 460 m
A
1
C-3-'
' E
co
CN
< a
z
VI
WQO m
o0 0
o
16.784 m
I z�
W
Z Ci
IL
cn
Cc
oo
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L-XHIBIT "B"
TABULATED LINE DATA :R � � r`. J rI J ! x 1, j r7 B
C':) 3 JAI^:
N 86'51'42" E 0 -25
�- 17.358 m
5 00'21'19' W
11.797 m N 0019'24' E S 0019'24 W
N 89'3539 48.926 m 38.208 m
,,.-15.346 m-" \ � N 76,
F,
m
0
N
co
to
a�
r-
O
0
m
08 07"
? 78 166 W
7 L� APN 669- 091 -017 1.951
N rn
� 76 x8'01 • I , r
689-0 9 ON A55�5 DR �HFETA�� `�`
APN 669 -091 -018
TeJLATM CURVE DATA
CURVE I DELTA I RADIUS LENGTH
Cl 76'27'25" 1 4.572 m 6.102 m
-IN �SEE DETAIL ° A"
E
V-
n-
�1
P.O.C.
N 76 a8 , INT. E'LY
01, UNE PAR. 1
WITH NE'LY
78-166 R/W LINE OF
cr � m GARNET AVE.
R fW
P ER _
►NS
199 RREG N Oy 4�
LEGEND L AND
TEMPORARY CONSTRUCTION EASEMENT (TCE) � �P
AREA = 287 S4. METERS (0.0287 HECTARES)
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING EXP. 31 DEC 09
iz �r
Cl CITY OF PALM SPRINGS PARCEL NO. 1 735
R/W RIGHT -OF -WAY OF cxo � p
DISTANCES ARE IN METERS UNLESS r CITY OF PALM SPRINGS PAR. N 0.: Cf - 25
OTHERWISE NOTED, MULTIPLY DISTANC
BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA /MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1- 10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE
TO U.S. SURVEY FOOT MULTIPLY
DISTANCES BY 3937/1200. DATE: 3 -27 -09 SHEET 1 Dr 1 SHEET
I z�
W
Z Ci
IL
cn
Cc
oo
�cr'
L-XHIBIT "B"
TABULATED LINE DATA :R � � r`. J rI J ! x 1, j r7 B
C':) 3 JAI^:
N 86'51'42" E 0 -25
�- 17.358 m
5 00'21'19' W
11.797 m N 0019'24' E S 0019'24 W
N 89'3539 48.926 m 38.208 m
,,.-15.346 m-" \ � N 76,
F,
m
0
N
co
to
a�
r-
O
0
m
08 07"
? 78 166 W
7 L� APN 669- 091 -017 1.951
N rn
� 76 x8'01 • I , r
689-0 9 ON A55�5 DR �HFETA�� `�`
APN 669 -091 -018
TeJLATM CURVE DATA
CURVE I DELTA I RADIUS LENGTH
Cl 76'27'25" 1 4.572 m 6.102 m
-IN �SEE DETAIL ° A"
E
V-
n-
�1
P.O.C.
N 76 a8 , INT. E'LY
01, UNE PAR. 1
WITH NE'LY
78-166 R/W LINE OF
cr � m GARNET AVE.
R fW
P ER _
►NS
199 RREG N Oy 4�
LEGEND L AND
TEMPORARY CONSTRUCTION EASEMENT (TCE) � �P
AREA = 287 S4. METERS (0.0287 HECTARES)
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING EXP. 31 DEC 09
iz �r
Cl CITY OF PALM SPRINGS PARCEL NO. 1 735
R/W RIGHT -OF -WAY OF cxo � p
DISTANCES ARE IN METERS UNLESS r CITY OF PALM SPRINGS PAR. N 0.: Cf - 25
OTHERWISE NOTED, MULTIPLY DISTANC
BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA /MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1- 10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE
TO U.S. SURVEY FOOT MULTIPLY
DISTANCES BY 3937/1200. DATE: 3 -27 -09 SHEET 1 Dr 1 SHEET
-IN �SEE DETAIL ° A"
E
V-
n-
�1
P.O.C.
N 76 a8 , INT. E'LY
01, UNE PAR. 1
WITH NE'LY
78-166 R/W LINE OF
cr � m GARNET AVE.
R fW
P ER _
►NS
199 RREG N Oy 4�
LEGEND L AND
TEMPORARY CONSTRUCTION EASEMENT (TCE) � �P
AREA = 287 S4. METERS (0.0287 HECTARES)
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING EXP. 31 DEC 09
iz �r
Cl CITY OF PALM SPRINGS PARCEL NO. 1 735
R/W RIGHT -OF -WAY OF cxo � p
DISTANCES ARE IN METERS UNLESS r CITY OF PALM SPRINGS PAR. N 0.: Cf - 25
OTHERWISE NOTED, MULTIPLY DISTANC
BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA /MH
LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1- 10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE
TO U.S. SURVEY FOOT MULTIPLY
DISTANCES BY 3937/1200. DATE: 3 -27 -09 SHEET 1 Dr 1 SHEET
I Qo pA
-� City of PaIn Springs
Ln y I Office of the CM 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 - 091 -017 and 666 -091 -018
dated: June 23, 2009,
from,
PALM SPRINGS PARTNERS, LLC
a Califomia Limited Liability Company
Grantor, to the City of Palm Springs, a municipal corporation and charter city,
Grantee, is hereby accepted by the City Cleric of said City of Palm Springs, on this 4
day of November, 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 November, 2009.
JAMES THOMPSON
City Cleric
Past Office Box 2743 " Palm Springs, California 9226'