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08_0569041Recorded 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 entitied to be recorded without fee. (Govt. Code 6103) 6125I20081243TR1J RF,cm DOC # 2008 -- 0550041 10/24/2008 08:00A Fee:NC Page 1 of 11 Recorded in Official Records County of Riverside Larry W, Ward Assessor, County Clerk & Recorder Ili 1111111 l 111 l hill 111 1111111 1111 , F-C e"W FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Frances E. Hern (' Grantee' 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 -162 -007 referenced as Parcel 46 and described on Exhibits'A' and'B' attached hereto and made a part hereof. U PAGE SIZE OA MISS !.C)i�G RFD GoF'Y M A L 465 426 PCOR NGOR sr�l:F NCkIG , F-C e"W FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Frances E. Hern (' Grantee' 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 -162 -007 referenced as Parcel 46 and described on Exhibits'A' and'B' attached hereto and made a part hereof. Other terms of Temporary Construction Easement Deed (hereinafter, the "Deed): 1.1 County shall pay to the order of Grantor the sum of $6,055.00 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 730 square feet referenced as Parcel 46 and described on Exhibits `A' and `B attached hereto and made a part hereof. 11 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 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 Grantors 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 Grantors 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. 53 Any notice, payment or instrument, or other documents required or 1t 2 of 11 Page 2 of 9 permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any Unified States mail depository, first class postage prepaid, and addressed as follows: If to Grantor Frances E. Hern 69 Camino Arroyo South Palm Desert, California 92260 -0311 If to County 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: 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 _S�vCaa - t aog , 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 I III � � I I III II �� III 10124 ��raW 08 Page 3 of 9 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 and executed by the Director of Transportation. s w: III Hill 11 IN �4 &8' Page 4 of 9 Dated: By: yjk(Am 9 G - 1Av— J a M s R. w - SupUising Real Property Agent APPROVED AS TO FORM: Joe S. Rank County Counsel By', Sy thia M I Deputy County COL F nsel By: m COUNTY OF RIVERSIDE Pair Romo, Deputy Director B y: for Juan Perez Director of Transportation 26OR-0569641 111111111 INN 1111111111111 IN 111111111 IN 5 F 11 Page 5 of 9 STATE OF CALIFORNIA ) )ss. COUNTY OF ' ) On before me, a Notary Public in and for said County and State, personally appeare C . who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/are' subscribed to the within instrument and acknowledged to me that W helth _ey executed the same in 4Wherltheir authorized capacity(aes) and that by lii-s�'/herlth* signatureW on the instrument the person(s�y, or the entity upon behalf of which the personacted, 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: R1 H L A COMM, t 793528 Notary Public • CaBiF ('r�ia Signature RiversideCo€nr y [SEAL] M Comm Ex ire$ r, t0, 2012 STATE OF CALIFORNIA ) )ss. COUNTY OF ) On , before me, Public in and for said County and State, personally appeared a Notary 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 hislherltheir 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] It IUIIININIIIIIIIhNNi IN�Yi '' °° Page 6 of 9 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. l 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] This is to certify that the the COUNTY OF RIVERSIDE, Board of Supervisors on the d interest in real property conveyed by the within deed to i political subdivision, is hereby accepted by order of the ate below and the Grantee consents to the recordation thereof by its duly authorized officer. Date By: Robert Field, Director Department of Facilities Management FORM p-y 0 4,k DXT 111 lllllUl `" Page 7of9 THIS PAGE LEFT BLANK INTENTIONALLY I "` °° Page 8 of 9 THIS PAGE LEFT BLANK INTENTIONALLY Iilll� 1111111III VIII VIII INI�I VIII III III IIN Ilil 2 132 48 Page 9 of 9 F091 MILES AVENUE That certain parcel of land situated in the County of Riverside, State of California, being that portion of Lot 16, in Block F of Boe -Del Heights, as shown on a map thereof filed in Book 21, Pages 67 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 northerly 10.00 feet of said Lot 16. CONTAINING: 730.00 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. C& P.L.S. 7930 My license expires 12131109. Date: � di' 69 `1 No , �• T HILS' DOC. '- A IE-Ni ' T- , ,EOI1EWED SY RIVERSIDE COUNTY SLJFWEYCR. W DATE: RBF CONSULTING 74 -130 Country Club Drive, Suite 201 Palm Desert, CA 92260 Prepared. March 25, 2008 Page 1 of 1 ji 1NDlC�TES TMPOF7AF T 59 rJJ TFIICTiDfv C°H -RENT EXHIBIT 7,30 00 fiT s. T PLAT TEMPORARY CONSTRUCTION EASEMENT THIS DOCUMENT � -VIE i L BY P.��t RSIDE COUN7 SURVEYOR. BY: s DATE:� C/L MILES A VENUE (4 5TH A VENUE) N89 ° 45'00 "E� - - LO "F" SOE DEL HEIGH � FARCEL I NO, 0339 -46 I I I I I 1 I i 15 I6 17 BLOCK E i 30[—DEL — HEI GHITS M. B. 2 9/67 G I I I 1 -- _ _ _ - - - - _ _ L SOUT?I FST GIU1RrEP OF SECTION 22 TC)WkSH1F 5 SOUTH, RANGE ? EA3T, AN NW PtV, ll'JJ ME I D IAA. 1'APS=L IVO. 0359 -46 PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR MILES AVENUE TEMPORARY CONSTRUCTlDN EASEME,N? A ND /��� � p A V I p a`s✓�G� XF .Q Sr �L L fWF 74-130 COUNTY CLUB DRIVE, SUM M ® 0 PALM DESERT, CA!. <FNIA 42266 -1655 C O N S U L - T I N G 760.346.7481 • FAY, 760346.825 a wrnv.RBF.com DATE. MARC 25, 2008 J,N: 20- 100220 - 46 I IIIIII 1111111111111111111111111111111111111111111111111111 � RfIH ir, � � 56 t