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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 S R J PAGE SIZE DA MISC LONG RFD COPY M I A L 465 426 PCOR NCOR SMF NCHG EXAM T; 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)