09_0625860RECORDING REQUESTED BY
Stewart Title —keg4-, jde
WHEN RECORDED RETURN TO:
Attn: .lames Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
12.xxx10505091001 PG�COjw
COPY of Document Recorded
J -
on d as No. _. 2/)
has not been compared with original.
County Recorder
RIVERSIDE COUNTY, CALIFORNIA
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EXAM
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CTY UNI
PROJECT: 1116 — Indian Avenue Interchange
PARCEL: CI -19
APN: 666 - 330 -059
- �// 6 ?lo
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
1995 1 -10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP
( "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
Assessors Parcel Numbers 666 -330 -059, referenced as Parcel CI -19 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 one thousand seventy -seven (1,077) square feet referenced as Parcel
CI -19 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 terminate on the earlier of: i) twenty four (24) months
from the thirty (30) day written notice, or ii) until completion of said project, or iii) four (4) years
from the effective date of this Deed, at which time this Deed shall be deemed null and void.
ROW: 1 -10 and Indian Interchange
1995 1 -10 Indian Avenue Partners, L.P.
G5IM]
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. At all times during the term of
this agreement (and during City's Work) the Premises will remain accessible for Grantor's
Ingress and egress.
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. Grantor shall be held harmless from all claims of third persons arising from the
use by Grantee of Grantors' land.
7. 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.
a. 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 1995 1 -10 INDIAN AVENUE PARTNERS, L.P.
c/o Ocean View Partners
3787 East 11 Street
Long Beach, CA 90804
Attention: Howard Chapman
Phone Number: (562) 434 -9988
With a Copy To : Anthony Ciasulli, Esq.
Morgan, Lewis & Bockius, LLP
300 South Grand Avenue, 22 Floor
Los Angeles, CA 90071 -3132
Phone Number: (213) 612 -1324
Fax: (213) 612 -2501
E -mail address: aciasulli @morganlewis.com
If to City COUNTY OF RIVERSIDE
Department of Facilities Management
Real Estate Division
3133 Mission Inn Avenue
Riverside, Califomia 92507
Attention: Craig Olsen
Real Property Agent
Phone Number: (951) 955 -484D
Fax: (951) 955 -4637
E -mail address: CAOlsen @rivcoeda.org
ROW: 1 -10 and Indian Interchange
1995 1 -10 Indian Avenue Partners, L.P.
651 S3'-. I
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 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
()C, ii 0( r 0, � X 0 W , 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 govemed 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.
3
ROW: I -10 and Indian Interchange
1995 i -10 Ind'Fan Avenue Partners, L.P.
4 s 1933.1
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 cou cost.
Dated: CP c9 � / -� � a
GRANTOR:
1995 1 -10 INDIAN AVENUE PARTNERS, L.P,,
A CALIFORNIA LIMITED PARTNERSHIP
BY: OCEAN VIEW PARTNERS, LLC,
GENE LPARTNER
BY:
Howard an, Managing Member
CITY OF PALM SPRINGS, a municipal corporation
David H. Ready, City Manager
ATTEST:
in
James Thompson, City Clerk
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
IN
Douglas C. Holland, Esq., City Attorney
4
ROW: 1 -10 and Indian Interchange
1995 1-10 Indian Avenue Partners, L.P.
65I833,1
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 attomey's fees .and
other reasonable expenses in connection with such action or proceeding in addition to its
recoverable court cost.
Dated: C-0 " _ "'"` / `'� '� r�
GRANTOR:
1995 1 -10 INDIAN AVENUE PARTNERS, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: OCEAN VIEW PARTNERS, ,
GENE L PARTN
BY:
Ho an, Managing Member
CITY OF PALM SPRINGS, a municipal corporation
B
David H. Ready, . ager
ATTEST:
By:
„tames Thompson, City Clerk
APPROVED AS TO FORM:
WOODRU RADLIN & SMART
By:
Doug s . Holland, Esq., City Attorney
APPROVED BY CITY COUNCIL
4
ROW: 1 -10 and Indian Interchange
1995 1 -10 Indian Avenue Partners, L.P.
651633.1
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
} 5s
COUNTY OF Z,(" )
On ����/ before me, . U rQTbN_f Notary Public, personally
appeared H o / 1 B . M who proved to me on the
basis of satisfactory evidence to be the person(K whose narne(!�j isiarx subscribed to the within
instrument and acknowledged to me that he /sI 6/ttAy executed the same in hislhji'rlti &
authorized capacity(ies), and that by his /hir /th}6ir signatureW on the instrument the person},
or the entity upon behalf of which the personA 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: O — t ' J� odd y �- This area for official notarial seal
J. BURTON
owdol,19 0 # 1801380
ftUS Pub CCou�l
w* ,lei 43. x012
ROW: I -10 and Indian Interchange
1995 1-10 Indian Avenue Partners, L.P.
1551233.1
Exhibit "A"
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
ROW: 1 -14 and Indian Interchange
1995 1 -10 Indian Avenue Partners, L.P_
65103.1
ASSESSOR'S PARCEL N0, 666- 330 -659 Exhibit "A"
PARCEL CI -19
A temporary easement for construction purposes in and to that portion of Parcel
5 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 1823 inclusive of Parcel
Maps, in the Office of the County Recorder of said County, more particularly
described as follows;
BEGINNING at the Southeast corner of said Parcel 5, thence (1) along the
Southwesterly line of said Parcel and the Northeasterly Right -of -Way line of
Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from
centerline) N.76 °08'20 "W., 25.545 meters; thence (2) leaving said Northeasterly
Right -of -Way lime N.1 3 2.400 meters; thence (3) N.76 0 08'20 "W.,
15.122 meters; thence (4) N.13 1 50'52 "E., 1.500 meters; thence (5)
S.76 0 08'20 "E., 15.135 meters, thence (6) S.31 0 09'12 "E., 1.273 meters; thence
(7) S.76 °08'20 "E., 24.732 meters to a point in the Southeasterly line of said
Parcel 5; thence (8) along said Southeasterly fine 8.13 1 51'40 "W., 3.000 meters
to the POINT OF BEGINNING.
The above - described easement is temporary and shall expire on the last day
of the 24th ninth folladr% the giving of notice, or four (4) years fr= the effective
date of this agreement, 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.
Page 1 of 2
The bearinas and distances used it the above descriptions are on the
California Coordinate System of 1983, Zone 6. To convert meters to the U.S,
Survey Foot, multiply distances by 3937/1200.
Area = 100.035 sq. meters, 0,0100 hectares
Michael A. Havener, PLS 7354 Date
Exp. 12 -31 -09 E tvat /o9
CA No. 7354 ¢
Page 2 of 2
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
ROW: 1 -10 and Indian Interchange
1995 1 -10 Indian Avenue Partners, L.P.
(351S3-".I
J1�17�r;�7r'S7� 1J
{CS MAP 204 -483)
P1\A 1 1 6- 2 / - 1B -2
s
f r T J
E XHiBIT 99B99
APN 666 -330 -059
19
S.E, COR. L'�
PAR. 5
FlAlr- 6
APN 666-330 -059
F
T � 6%18 2,3 >rf
»
SEE DETAIL 'V
z �
n �
� 8 � 8M E'ER GK 1(60) �1W
REQ AUG 6, 87 5 ' 's
TABULATED LINE DATA
LINE
BEARING
LENGTH
L1
N 76'08'20' W
25.645 m
L2
N 13'50'52" E
2.400 m
L3
N 78'08'20" W
15.122 m
L4
N 13'50'52` E
1.500 m
CI CITY OF PALM SPRINGS PAR, NO.
'08'20" E
15.135 m
CITY QE PALM SPRINGS
'09'12" E
1.273 m
'OB'20" E
EB--S
24.732 m
'51'40" W
3.000 m
CO7' p�R PM TS2 0
/ Q LAND
A
O•R
LEGEND Ld ---
TEMPORARY CONSTRUCTION EASEMENT (TCE)
EXP, 31��
AREA = 100.0 SQ. METERS (0.0100 HECTARES)
0.
JF'
P.O.B. POINT OF BEGINNING
OF CAS K
CI CITY OF PALM SPRINGS PAR, NO.
DISTANCES ARE IN METERS UNLESS
OTHERVASE NOTED, MULTIPLY DISTANCES
CITY QE PALM SPRINGS
PAR, NO.: CI - 19
k BY 1.OD002594 TO OBTAIN GROUND
PREPARED BY: KA/WH
LEVEL DISTANCES. TO CONVERT METERS
PROJECT: I- 10/INDIAN AVENUE INTERCHANGE
SCA4.E: NOT TO SCALE
TO U.S. SURVEY FOOT MULTIPLY
DISTANCES BY 3937/1200,
DATE: 3 -27 -09
ISHEE7 i OF 1 SHEET
h'
F L 1 'l
P
` COT • 6z 7823.
/�� P 162 �18�� G
� A ��
NOT TO SCALE
P.A rR, 4
- City of Palm Sp ring s
ti �$
Office of the Cite Clerk
C � a POrnr�¢ }q * 3200 E. Taliqultz Canyon 'Nay • Palm 5prins s, California 92262
c- q�1FpR� Tel: (760) 32_ -5204 • Fax (76D)'22 -8332 • Web: wvrw.pnlms }>rings ca.gnv
A5879
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 -059
dated: October 12, 2009,
from,
19951 -10 Indian Avenue Partners, L.P., a California 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
28th day of October, 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 28th day of October, 2009.
AMES THOMPSON
City Clerk
Post Office Box 2743 • Palm Springs, California 92263 -2743
FEML7T OF PFF�3LTRY FOR NOTAR7 S EA?.
GOVERE M'T CODE a7361-7
I certify um6er the penalty of perjury Chat the Notary Seal a n the document
Chi: cratemavC is attached reads as "Llo•Ts_
to which
NIKE OF N oTARY
DATE C YISSIC
PLACE OF EXECY
(Signature)
NORM BURDICK, V. P .
Inland Ecn ire Di , i00n, a Ca- cor
12) 63(-, a
Firm name —if any)