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08_0569028Recorded at request of and return to: Department of Facilities Management Real Estate Division On behalf of the Transportation Department 3933 Mission Inn Avenue Riverside, California 92507 -4999 FREE RECORDING This instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee. (Govt. Code 69 03) 5/16/2008124 3TR\J R F; cm DOC # 20018 - 0589028 10/24/2008 08:OOA Fee: Page 1 of 11 Recorded in Official Retards County of Riverside Larry J. Ward Assessor, County Clerk $ Recorder VIII I�f III � � f1 � ICI I� S R ti PAGE SIZE DA MISC LONG RFD COPY M 465 426 PCOR NCOR SMF NCHG EXAM p r r lv�.ICa�r4 uvv MG e1 a,5 IFr,G� 3G'.7G1 VGV 1U1 F' >Ct,V3 LSC+E J U.�G� 1 COUNTY OF RIVERSIDE, a political subdivision ( "Grantee" herein), and its successors and assigns, A Temporary Nora- 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 -046 -007 referenced as Parcel 17 and described on Exhibits "A" and "B" attached hereto and made a park hereof. Other terms of Temporary Construction Easement Deed (hereinafter, the "Deed"): 1.1 County shall pay to the order of Grantor the sure of $7,430.00 for the right to enter upon and use Grantor's land in accordance with the terms hereof. 2.1 1 he temporary construction easement, used during construction of the project consists of approximately 1776 square feet referenced as Parcel 17 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. 13 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. 33 At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 3A At termination of the period of use of Grantor's land by Grantee, but before its relinquishment • Grantor, debris generated • 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 9 1111111111111111111111111111111111111111111111111111111 12 2002-05S9028 F4 I El 4/20&8 Oe : O9 2 of It 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: D. Jayne Strickland 81194 Miles Avenue Indio, California 92201-2826 If to Count 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: J RForce@rc-faci I ities.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 q� 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 9 0 -069028 /p . &C4Fj 3 of It 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 • 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. 5.13 This Deed shall not take effect until approved and executed by the Director of Transportation. 1111111111111111111111111111111111111111111111111111111 2 0@8-05608 10/24/20198 E48: F4FJA 4 3� 11 02 I 0., By: By: Patricia Romo, Deputy Director By. C C"It for JLka Perez Director of Transportation Page 5 of 9 — ` ` a m °` STATE OF CALIFORNIA )ss. COUNTY OF On r , x)00'9 before me, a Notary Public in and for said County and State, personally appeared e� I certify under PENALTY OF PERJURY under the laws of the State • California that the 'oregoing paragraph is true and correct. WITNESS my hand and official seal: LORIE 6, Hou HLAN "L COMM. #17935283 Notary Public - California 0 Riyerwe County �0 Signaturd, zc, .0 = SEAL] Ex I F. to '2012 [ M COMM. Ex i 10, 2012 STATE OF CALIFORNIA )Ss. COUNTY OF I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WOMENT-Ma Signature sm Page 6 of 9 I NR8-0569028 A 1 &,'24/2008 98: k1t3 6 of 1 1 STATE OF CALIFORNIA )ss. COUNTY OF RIVERSIDE On , before me, a N otary 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 narne(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. 11�- Signature 11MI, [ 11-1 111211 P 11 lei, 11=10, [fra H. W FORM APWR , VED COUNTY CO?USEL rte. -W E SYNTHIA C NZ L DATE Page 7 of 9 THIS PAGE LEFT BLANK INTENTIONALLY i�auuhiuunH�n��unN�u�u�AU •�':�" THIS PAGE LEFT BLANK INTENTIONALLY all 1111111111111111111111 ! "',• Page 9 of 9 LEGAL DESCRIPTION MILES AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 0389 -17 That certain parcel of land situated in the County of Riverside, State of California, being that portion of Lot 2 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 24.00 feet of said Lot 2. CONTAINING: 1,776.23 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 12131109. Date: ...� F THIS DOCUMENT RENEWED BY RIVERSIDE COUNTY SURVEYOR, 6Y. 'iC i _ DATE: RBF CONSULTING 74 -130 Country Club Drive, Suite 201 Palm Desert, CA 92260 Prepared: March 25, 2008 Page 1 of 1 IIhII�iVnItlU�IIIhIIIUiIIUIIiVIIRtlIHlllll ° `z'� =`° IIdD1C.� rrS TEMnOF'�f� }' Co STRUCTIOAI LASE ,', 776 2,3 4/_ S. F. E XHIBIT `'R PLAT TEMPORARY CONSTRUCTION EASEMENT 3 I ll � i HIS DOCUMENT REVIEWED BY RT°'Fr SIDE - UN SURVEYOR. D p �4 2 i —__—__.. - - -- —�� - - - -- —� � -- ` I OASIS PALMS 1 2 PARCEL N0. 0 s i 1 . I Ln CIL MILES AVENUE (45TH A VENUE) NORT,LXEST OU, RTEJ? OF SECT 7, 0 2r �a N � . TDl�lRSHIP SO'J7H, '45T, �� 3 J lG li SAN R_Fi?ALZ- P0!,VC1 MEPID AN F4RCE A/0 0339 -17 7 PLAT TO ACCOVPANY A LFGA..L z ' DESCRIPTION FOR VILES AVEN{JE TEMPORARY CONSTRUCTION EASEViENT =� OF Sr`= Or I 'HEEF PF ILA N—S ■ DE'9 GN 0 CpN_-;'TR6 CiTJMN 74 -130 COMM- CLUB DME, SU7E 201'. PALf.117ESErRT, CAUPOKNIA 92280 -1655 C O N S U LT N G 76o.U67481 FAX 760.348 .8315 • w .RBF cam DA'i_E: MARCH 2008 ' I C)rf�20- JIB, 0 - i�� , i a K.- @566E12o 0/24/2002 1fvf' li