08_0568425Recorded at request of and return to:
Department of Facilities Management
Real Estate Division
On behalf of the Transportation Department
3133 Mission Inn Avenue
Riverside, California 92507 -4199
FREE RECORDING
This instrument is for the benefit of the
County of Riverside, and is entitled to be
recorded without fee. (Govt. Code 5103)
4117120081243TR1.1 RF;cm
DOC # 2008 - 0568425
C No. _ °- "' �.-a. PROJECT: MILES AVENUE & CLINTON STREET
iVerside Co. Trans Port:atinr� PARCEL; 16
APN: 608 -045 -006
TEMPORARY CONSTRUCTION
11 111� IN
*ML R"Imill
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Alfredo R. Gutierrez ( "Grantor" herein),
Hereby GRANTS AND CONVEYS to the
COUNTY OF RIVERSIDE, a political subdivision ( "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 County of Riverside, State of California, identifying a portion or
portions of Assessor's Parcel Number 608 -045 -006 referenced as Parcel 16 and
described on Exhibits "A" and "B" attached hereto and made a part hereof.
I
Other terms of Temporary Construction Easement Deed (hereinafter, the "Deed "):
1.1 County shall pay to the order of Grantor the sum of $6,250.00 for the right
to enter upon and use Grantor's land in accordance with the terms hereof.
2.1 The temporary construction easement, used during construction of the
project consists of approximately 1876 square feet referenced as Parcel 16 and
described on Exhibits "A" and "B attached hereto and made a part hereof.
3.1 The rights granted herein may be exercised for four (4) months
commencing on the date that the thirty (30) day written notice by County is delivered to
Grantor in accord to the notice provision herein, and concludes at the end of four
months of the grant of the easement, or the conclusion of the project, whichever shall
be later.
3.2 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
u U 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.
3.3 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.
3.3 At the expiration of the Temporary Construction Easement term, Grantee
shall quitclaim its interest in such property to Grantor or Grantor's successor.
3.4 At the termination of the period of use of Grantor's land by Grantee, but
before its relinquishment to Grantor, debris generated by Grantee's use will be removed
and the surface will be graded and left in a neat condition.
4.1 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 thereon.
5.1 Grantor shall be held harmless from all claims of third persons arising from
the use by Grantee of Grantors' land.
5.2 Grantor hereby warrants that they are the owners of the property
described above and that they have the right to grant County permission to enter upon
and use the land.
5.3 Any notice, payment or instrument, or other documents required or
Page 2 of 7
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 Alfredo R. Gutierrez
81178 Miles Avenue
Indio, California 92201 -2826
If to County COUNTY OF RIVERSIDE
Department of Facilities Management
Real Estate Division
3133 Mission Inn Avenue
Riverside, California 92507
Attention: James R. Force
f Supervising Real Property Agent
Phone Number: (951) 955 -4822
Fax: (951) 955 -4837
h 3 E -mail address: JRForce@rc- facilities.org
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.
5.4 Each Grantor and County 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.
5.5 The titles and headings of Sections and Paragraphs of this Temporary
Construction Easement Deed, as herein set forth, have been inserted for the sake of
convenience only, and are not to be taken, deemed or construed to be any part of the
terms, covenants or conditions of this Easement, or to control, limit or modify any of the
terms, covenants or conditions hereof.
5.6 This Temporary Construction Easement Deed entered into between the
parties dated . l� , 00 , contains the entire understanding of the parties
herein and supersedes 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
Page 3 of 7
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
County. 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 County solely
because it prepared this Deed in its executed form.
5.7 This Deed and the provisions contained herein shall be binding upon and
inure to the benefit of Grantor, County, and their respective heirs, executors,
administrators, personal representatives, successors and assigns.
5.8 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.
5.9 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.
5.10 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.
5.11 Time if 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.
5.12 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.
5.13 This Deed shall not take effect until approved by the Director of
Transportation.
[SIGNATURES ON NEXT PAGE]
IIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIININIIIIINIIII ' " "�a`` of . I FJ,
Page 4of7
Dated: 6`L-2 e� 9
Alfredo R. Gutierrez
By:
RECO
in
ENDED FOR APPROVAL: By:
Su
Forcd j
ig Real Property Agent
COUNTY OF RIVERSIDE
APPROVED AS TO FORM:
Joe S. Rank
County Counsel
By:
87 hia M. Gunzel
Deputy County Counsel
Pat 'a Romo, Deputy Director
By.
f or Juan Perez
Director of Transportation
i��uHMUuHniuiii��ii�u�� m684 5 of'
Page 5 of 7
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On -/'6. -- , before me, /c- - � a Nota ry
Public in and for said County and State, personally appeared
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 mIh and official seal:
Signatur
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
z w. #1527738
- otarq PWi C41iforr I
[SEAL] Rsversj4crunty -�
On , before me, a Notary
Public in and for said County and State, personally appeared ,
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:
Signature
[SEAL]
20138-0568425
.
Page 6 of 7
STATE OF CALIFORNIA )
)ss.
COUNTY OF RIVERSIDE )
On , before me, a Notary
Public in and for said County and State, personally appeared ,
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:
Signature
(SEAL]
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed to
the COUNTY OF RIVERSIDE, a political subdivision, is hereby accepted by order of the
Board of Supervisors on the date below and the Grantee consents to the recordation
thereof by its duly authorized officer. /'
f
Date By:
Robert Field, Director
Department of Facilities Management
F � APR V D � UNTY COU . .
c. ' o
SY lMIA M. GUNZ H, DAT
11111 iiiuii �o.a� -,;...
Page 7 of 7
F*yz11MVdF 1
LEGAL DESCRIPTION
MILES AVENUE
TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO, 0389-16
That certain parcel of land situated in the County of Riverside, State of California, being
that portion of Lot 1 of Oasis Palms, as shown on a map thereof filed in Book 31, Pages
18 and 19 of Maps, in the Office of the County Recorder of said Riverside County, being
that portion of Section 22, Township 5 South, Range 7 East, San Bernardino Meridian, ,
more particularly described as being the southerly 24.50 feet of said Lot 1.
CONTAINING: 1,875.98 Square Feet, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
This description was prepared by me or under my direction.
Levi D. Cox, P.L.S. 7930
My license expires 12131/09.
Date: 3Latc'g
NZ
t
/',-JP r
THIS DOCUMENT REVIEWED BY
RIVE .SIDE COUNTY SURVEYOR.
BY:
DATE:
F CONSULTING
7'4 4 Suite 201
-130 Country Club Drive,
Palm Desert, CA 92260 I
Prepared: March 25, 2008
Page 1 of 1
COIV5 R ( E N EA r -nr r EXHIBIT 77 79
`'(JNS 7;�'uCT 1 Glt+ Eft �EO�1F- !J 1;
1, 37:; 98 41— S F PLA T
TEMPORARY CONSTRUCTION EASEMENT
a
0
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r
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m �
1 �
� 41
Ft S DOCUMENT REVUE IED EBY
-.SIDE C'OUNFIN SURVEYOR. �i I
E.
I �
� I OASIS PALMS
� °
12
INDIO PLAZA S Z� ° 2
� 1 �
UNIT NO. 1 PARCEL NO.1 6359 -16
M.B. 36/36 -37
30 �fl
I
i --LOT „ A" OASIS PALMS
----�—
�� C/L MILES" A 1 UE (45TH A VENUE)
IVOI?TMNEST QUARTER OF SECT]ON 21
TOWNSHIP 5 SOUTH, RANGE 7 EAsT,
SAN BERN11RD I NO M.ELP ? OI AN
PARfEL PLO. 0,339— 96
PLAT TO ACCOMPANY A LEGAL
DESCRIPTION FOR MILES AVENUE
TEMPORARY CONSTRUCTION EASEMENT
L
�* E
31/09
H ? i 0 1 S fE'. - F i
NNING N DES17N ■ CDrv=UC7rON
74 - 1K CQUMAY MB DRrVF, SUn 201
PALM DESERT, CAUPOWA 32260 -1655
G O N 5 U LTi N s 760.U6.74EM FAX 7aa346.M3 t v .RBFcom
DA E MARCH 25 , 2 'DD s JN. ! 20 100220 1