HomeMy WebLinkAboutA6840 - 4348 LOCKWOOD AVENUE LLC - Drainage ImprovementRECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
(Space above this line reserved for Recorder's use)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
PROJECT: South Palm Canyon Drainage Improvement
Project
BR-NBIL (502)
APNs: 513-460-033
TEMPORARY CONSTRUCTION, EASEMENT AGREEMENT, (the "Agreement"), is
hereby made this day of to V _, 20�, by and between the City of Palm
Springs, a California charter city and municipal corporation, organized and existing
in the County of Riverside, under and by virtue of the laws of the State of California,
hereinafter designated as the "City" and/or "Grantee", and 4348 Lockwood Avenue, LLC,
a California Limited Liability Company, as to an undivided twenty-six percent interest (26%)
interest, Michael L. Cole and Janet V,Cole, husband and wife as joint tenants, as to an
undivided four percent (4%) intere t, and Jogesh Kumar Vashisht and Sunita Kumar
Vashisht, Trustees for the Vashisht Family Revocable Trust Dated may 2, 2001 and
Restated May 4, 2010, as to an undivided seventy percent (70%) interest, all as tenants in
common, hereinafter designated as the "Grantor". City/Grantee and Grantor are
individually referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
A. Grantor is the owner of certain real property located in the City of Palm
Springs, (the "City"), the County of Riverside, (the "County"), State of California, (the
"State"), which is identified by Assessor Parcel Number(s) 513-460-033, (referred to as
the "Property").
B. Grantee desires to obtain from Grantor a temporary construction
easement over a portion of the Property, and Grantor hereby agrees to authorize
Grantee and its assignees, including its contractor(s), to enter, for a limited duration and
term subject to the conditions herein this Agreement, a portion of the Property as
described on the attached legal description, referenced as Exhibit "A", and shown on
the attached map, referenced as Exhibit "B", (the "Easement Area"), which are
attached hereto and incorporated herein by reference.
Temporary Construction Easement Agreement
Page 1 of 5
C. The Parties desire by this Agreement to provide the terms and conditions
for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as
defined below, over the Easement Area.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the Parties of the promises,
covenants, and conditions herein contained and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. Grantor hereby grants to City and its assignees, including its contractor(s), the
right to enter upon and use Grantor's Property in the City of Palm Springs,
Riverside County, State of California, described as Assessor's Parcel Number(s)
513-460-033 for all purposes necessary to facilitate and accomplish the
construction and installation of various public street improvements ("Temporary
Construction Easement") associated with the South Palm Drainage
Improvement Project, Project No. BR-NBIL (502) ("Project').
2. The Temporary Construction Easement, used during construction of the Project
consists of approximately 29,812 square feet as described on the attached legal
description, referenced as Exhibit "A", and shown on the attached map,
referenced as Exhibit "B" (hereinafter the "Easement Area").
3. It is agreed and confirmed by the parties hereto that notwithstanding other
provisions in this Agreement, the right of possession and use of the Easement
Area by the Grantee, including the right to remove and dispose of improvements,
shall commence on April 30, 2016 or the close of escrow controlling this
transaction, whichever occurs first, and the amount shown in Section 15 herein
includes, but is not limited to, full payment for such possession and use,
including damages, if any, from said date. Temporary Construction Easement
will expire on December 30, 2019. Upon the City's recordation of a Notice of
Completion for the Project with the Riverside County Recorder's Office, the
Temporary Construction Easement granted herein shall be automatically
surrendered by Grantee, and Grantee's interests thereto shall be automatically
reverted to Grantor as if quitclaimed by Grantee, and shall no longer represent
any title interest of or to Grantor's Property. Nevertheless, if requested by
Grantor following such termination, City will execute a quitclaim deed confirming
such termination.
4. 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 City, or its successors and assigns, its officers, agents and
employees, and by persons or entities under contract with City, its successors
and assigns, wherever and whenever necessary for the purpose of completing
the Project in accordance with applicable laws. The City's activities may involve
surveying, staking, excavation, grading, and other related uses that are
reasonably required to construct the Project. City 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 construction of the Project),
Grantor's property will remain accessible for Grantor's ingress and egress.
5. At the termination of the period of use of Grantor's land by City, but before its
relinquishment to Grantor, debris generated by City's use will be removed and
the surface will be graded, if applicable, and left in a neat condition.
6. Any notice to be given or other document or documents to be delivered to either
Party by the other hereunder may be delivered in person or may be deposited in
the United States Mail in the State of California, duly registered or certified, with
postage prepaid, and addressed as follows:
If to Grantee, to:
Attn: City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8332
Telephone No.: (760) 323-8204
If to Grantor, to:
Michael Cole
1438 Dorothea Road
La Habra Heights, CA 90631
Telephone No.: (562) 882-2389
7. To the extent permitted by law, City (or its contractor) shall indemnify, defend
and hold harmless Grantor from all losses, liabilities, costs, damages, expenses,
causes of action, suits, claims or judgments, including attorney's fees and costs,
(collectively, "Claims") arising directly out of or in connection with any act or
omission of City, its employees, representatives, agents, suppliers or
subcontractors, pursuant to this Agreement or otherwise, provided, however,
that the foregoing duty to defend, indemnify and hold harmless the Grantor from
and against any Claims shall not apply to any Claims arising from the negligence
or intentional misconduct of Grantor.
8. Grantor hereby warrants that they are the owners of the Property described
above and that they have the right to grant City, its successors or assigns,
permission to enter upon and use the Easement Area.
9. This Agreement is the result of negotiations between the Parties hereto. This
Agreement is intended by the Parties as a final expression of their understanding
with respect to the matters herein, and is a complete and exclusive statement of
the terms and conditions thereof.
Temporary Construction Easement Agreement
Page 3 of 5
10. This Agreement shall not be changed, modified, or amended except upon the
written consent of the Parties hereto.
11. This Agreement supersedes any and all other prior agreements or
understandings, oral or written, in connection therewith.
12. Grantor, its assigns and successors in interest, shall be bound by all the terms
and conditions contained in this Agreement, and all the Parties thereto shall be
jointly and severally liable thereunder in accordance with Civil Code Section
1468.
13. City shall pay to Grantor the total sum of Twenty Nine Thousand Dollars
($29,000), (the "Rental Price"), for the right to enter upon and use Grantor's
land in accordance with the terms hereof. Grantor hereby expressly and
unconditionally waives any and all claims for damages, relocation assistance
benefits, severance damages, interest, loss of goodwill, claims for inverse
condemnation or unreasonable pre -condemnation conduct, or any other
compensation or benefits, other than for payment of the Rental Price, it being
understood that the Rental Price constitutes complete and full settlement of all
acquisition claims, liabilities, or benefits of any type or nature whatsoever,
whether known or unknown as of the date of this Agreement, relating to or in
connection with the Temporary Construction Easement or any other rights
granted under this Agreement. Payment shall be made within thirty (30) days
after execution of this Agreement, or pursuant to the terms of and through the
close of escrow if acquisition of the Temporary Construction Easement is
associated with the City's acquisition from Grantor of permanent right-of-way
over a portion of the Property.
Grantor hereby acknowledges that it has been advised by its attorney and is
familiar with the provisions of California Civil Code section 1542, which provides
as follows:
"A general release does not extend to claims which the Creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially
affected his settlement with the debtor."
By signing below, Grantor acknowledges that it may have sustained damage,
loss, costs or expenses which are presently unknown and unsuspected, and
such damage, loss, costs or expenses which may have been sustained, may
give rise to additional damage, loss, costs or expenses in the future.
Nevertheless, Grantor hereby acknowledges that this Agreement has been
negotiated and agreed upon in light of that situation, and hereby expressly
waives any and all rights which it may have under California Civil Code section
1542, or under any statute or common law or equitable principal of similar effect,
except as set forth in this Section 13.
[SIGNATURE PAGE FOLLOWS]
Temporary Construction Easement Agreement
Page 5 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year first above written.
GRANTEE:
CITY OF PALM SPRINGS, a California
charter city and municipal corporation,
Marcus L. Fuller,
Asst. City Manager/City Engineer
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
By:
Douglas . Holland, Esq., City Attorney
APPROVED BY CITY COUNCIL
NOW
Exhibit List
GRANTOR:
4348 Lockwood Avenue LLC, a
California Limited Li ility Company
By:
Its: g g member
By:
Its..
Michael L. Cole and Janet L. Cole,
husb nd n wife as joint tenants
By: � &&
ichael L. Cole
By.
Q-4-0'd�
J net)< Cole'
Jogesh Kumar Vashisht and Sunita Kumar
Vashisht, Trustees for the Vashisht Family
Revocable Trust Dated may 2, 2001 and
G
Restated May 4, 2010
J h Kumar Vashisht, Trustee
Sunita Kumar Vashisht, Trustee
Exhibit A -- Legal Description of the Easement Area
Exhibit B -- Depiction of Easement Area
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On April 19, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS CALIFORNIA, personally appeared MARCUS L. FULLER, who I
personally know is the ASSISTANT CITY MANAGER/CITY ENGINEER of the CITY OF
PALM SPRINGS whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his official and authorized capacity on behalf of the
City of Palm Springs, a California Charter City.
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 the official seal of the City of Palm Springs, California, this
19t" day of April, 2016.
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Signature:
ES THOMPSON, CITY CLERK
City of Palm Springs, California
Title or Type of Document:
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
APN 513-460-033
A6840
4 3
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Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Exhibit "A"
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER NORTH
89048'49" WEST 44.00 FEET TO THE WESTERLY LINE OF SOUTH PALM CANYON
DRIVE PER DOCUMENT RECORDED JUNE 8, 2006 AS INSTRUMENT NO. 06-415382
OF OFFICIAL RECORDS, AND THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89048'49"
WEST 210.06 FEET TO THE BEGINNING OF A NON -TANGENT 255.00-FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL BEARING TO
SAID POINT BEING SOUTH 24027'32" EAST;
2. THENCE LEAVING SAID SOUTHERLY LINE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23029'32" A
DISTANCE OF 104.55 FEET;
3. THENCE NORTH 42002'56" EAST 67.28 FEET TO THE BEGINNING OF A
TANGENT 210.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27002'46" A DISTANCE OF 99.13 FEET TO SAID
WESTERLY LINE OF SOUTH PALM CANYON DRIVE;
5. THENCE ALONG SAID WESTERLY LINE SOUTH 0004'27" EAST 167.49 FEET
TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH:
THAT PORTION OF SAID NORTHEAST QUARTER, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER NORTH
89048'49" WEST 44.00 FEET TO THE WESTERLY LINE OF SOUTH PALM CANYON
DRIVE PER DOCUMENT RECORDED JUNE 8, 2006 AS INSTRUMENT NO. 06-415382
Page 1
OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 0004'27"
WEST 273.10 FEET TO THE TRUE POINT OF BEGINNING;
6. THENCE LEAVING SAID WESTERLY LINE SOUTH 71028'51" WEST 24.67
FEET TO THE BEGINNING OF A TANGENT 310.00-FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;
i. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVETHROUGH
A CENTRAL ANGLE OF 9001'35" A DISTANCE OF 48.84 FEET;
8. THENCE SOUTH 62027'16" WEST 171.47 FEET TO THE BEGINNING OF A
TANGENT 95.00-FOOT RADIUS CURVE CONCAVE NORTHERLY;
9. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 66054'41" A DISTANCE OF 110.94 FEET;
10.THENCE NORTH 50038'03" WEST 21.11 FEET TO THE BEGINNING OF A
TANGENT 75.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
11.THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 61044'28" A DISTANCE OF 80.82 FEET;
12.THENCE NORTH 11006'25" EAST 57.23 FEET TO THE BEGINNING OF A
TANGENT 80.00-FOOT RADIUS CURVE CONCAVE WESTERLY;
13. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47032'35" A DISTANCE OF 66.38 FEET TO THE
BEGINNING OF A TANGENT 805.00-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY;
14.THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 9044'21" A DISTANCE OF 136.83 FEET;
15.THENCE NORTH 43049'29" EAST 15.00 FEET TO THE BEGINNING OF A
NON -TANGENT 820.00-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL BEARING TO SAID POINT BEING NORTH
43°49'29" EAST;
16.THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 9044'21" A DISTANCE OF 139.38 FEET TO THE
BEGINNING OF A TANGENT 95.00-FOOT RADIUS CURVE CONCAVE
WESTERLY;
17.THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47032'35" A DISTANCE OF 78.83 FEET;
18.THENCE SOUTH 11006'25" WEST 57.23 FEET TO THE BEGINNING OF A
TANGENT 60.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
19.THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 61044'28" A DISTANCE OF 64.66 FEET;
20.THENCE SOUTH 50038'03" EAST 21.11 FEET TO THE BEGINNING OF A
TANGENT 80.00-FOOT RADIUS CURVE CONCAVE NORTHERLY;
Page 2
21.THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 66054'41" A DISTANCE OF 93.43 FEET;
22.THENCE NORTH 62°27'16" EAST 171.47 FEET TO THE BEGINNING OF A
TANGENT 325.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
23.THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 9001'35" A DISTANCE OF 51.20 FEET;
24. THENCE NORTH 71 °28'51" EAST 23.35 FEET;
25.THENCE NORTH 0004'27" WEST 217.33 FEET;
26.THENCE NORTH 89055'33" EAST 6.00 FEET TO SAID WESTERLY LINE OF
SOUTH PALM CANYON DRIVE;
27.THENCE ALONG SAID WESTERLY LINE SOUTH 0004'27" EAST 231.14 FEET
TO THE TRUE POINT OF BEGINNING.
AREA = 29,812 SQUARE FEET MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6.
DIVIDE DISTANCES SHOWN BY 1.0000273 TO OBTAIN GROUND DISTANCES.
A14 4 1�v 3/20/15
MICKEY B. U RE RCE 27648
Page 3
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Exhibit "B"
EXHIBIT "B"
PERMANENT
DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS
/3
INST. NO. 06-415382,___. 44'
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INST. NO. 100198
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AREA = 104,308 SF MORE OR LESS
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SEC. 34
513-460-032
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
QUO SS/p
AREA = 29,812 SF MORE OR LESS
B. Ac -
P.O.C. POINT OF COMMENCEMENT
z
T.P.O.B. TRUE POINT OF BEGINNING
27 4
CITY OF PALM SPRINGS PREPARED BY:
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PROJECT: S. PALM CANYON DRIVE SCALE:
1 _ 100
CALF
APN'S 513-460-033
DATE: 3-20-15
SHEET 1 OF 2
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On _
Public,
before me, _
personally
N ota ry
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
My Commission Expires: This area for official
notarial seal
.1.°� QA�M sA�- ���CITY OF PALM SPRINGS
2
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
C,
�q_ 4/FORN_"0
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
GRANT OF EASEMENT DEED
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A"
APN: 513-460-033
dated: March 7, 2016
from,
4348 Lockwood Avenue, LLC, a California Limited Liability Company,
as to an undivided twenty-six percent interest (26%) interest, Michael
L. Cole and Janet K. Cole, husband and wife as joint tenants, as to
an undivided four percent (4%) interest, and Jogesh Kumar Vashisht
and Sunita Kumar Vashisht, Trustees for the Vashisht Family
Revocable Trust Dated May 2, 2001 and Restated May 4, 2010, as to
an undivided seventy percent (70%) interest, all as tenants in
common
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 19th day of April,
2016, 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 19th day of April, 2016.
MES THOMPSON
City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
James Thompson
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording charges
under Government Code § 6103
apace above this line reserved for Recorder's use)
A\W4
PROJECT: South Palm Canyon Drainage
Improvement Project
BR-NBIL (502)
APNs: 513-460-033
TEMPORARY CONSTRUCTION EASEMENT
!cam
For a valuable consideration receipt of which is hereby acknowledged, 4348 Lockwood
Avenue, LLC, a California Limited Liability Company, as to an undivided twenty-six
percent interest (26%) interest, Michael L. Cole and Janet Cole, husband and wife as
joint tenants, as to an undivided four percent (4%) interest, and Jogesh Kumar Vashisht
and Sunita Kumar Vashisht, Trustees for the Vashisht Family Revocable Trust Dated may
2, 2001 and Restated May 4, 2010, as to an undivided seventy percent (70%) interest, all
as tenants in common ("Grantor") hereby grants unto City of Palm Springs, a California
charter city and municipal corporation, organized and existing in the County of
Riverside, under and by virtue of the laws of the State of California, ("City" and/or
"Grantee"), its successors and assigns, the exclusive right, on a temporary basis, to enter
and utilize certain real property in the City of Palm Springs, County of Riverside, State of
California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and
made part hereof (the "Property").
This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the
South Palm Canyon Drainage Improvement Project, a public project (the "Project"), and
gives City, its successors and assigns, including City's contractor(s), the power to perform
all activities necessary for the construction and completion of the Project, inclusive of
ingress and egress, and necessary appurtenances thereto, in, over, across, along,
through and under the Property.
It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on
December 30, 2019. At the expiration of the Temporary Construction Easement, City shall
restore the easement area to a condition substantially the same condition as existed
before construction to the extent feasible, unless otherwise agreed to by the Grantor.
Executed this day of MiVe_- 20*
1078843.1
GRANTOR:
4348 Lockwood Avenue LLC, a JanetK. Cole
California Limited Li ompany
Jogesh Kumar Vashisht and Sunita
By: Kumar Vashisht, Trustees for the
Its: kanoiiingijmebber Vashisht Family Revocable Trust Dated
may 2, 2001 and Restated May 4, 2010 ��
By: q0L✓ \ t
Its: By: v
J Kumar Vashisht, Trustee 1
Michael L. Cole and Janet Cole, By:��
husWndn /w'e as joint tenants Sunita Kumar Vashisht, Trustee
By:
Michael L. Cole
By:
1078843.1
/ tc
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truth,uln. ss, accuracy or validity of that
document.
State of C �i,1 FJtC►v 1/�,
County of ORAn( E
On F'1AR-c> c T ZO I w before me, VU�a4 QK01, N 1 fU,AQL
Date Name, Title of Officer
personally appeared JArJkrf K • C°L-q
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the personV) whose name( s e subscribed to the
within instrument and acknowledged to me that V4 ls�i Ivey executed the same in yfr au horized capacity(i�Sj,
and that by tf r signatures) on the instrument the person(s), or the entity upon behalf of which the person
acted, execute a instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
Signature of Notary
DELON CHOI
;,.•'•. Commission # 2001738
c =-ee Notary Public - California z
Z D
Z ' Orange County
My Comm. Expires Dec 20, 2016
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document TCMP0RA2y e 1R' w'' 0AJ61' tom/
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
1078843.1
DATE of DOCUMENT 317/1I,
Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
1078843.1
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, ACCORDING TO i HE OFFICIAL PLAT THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER NORTH
89048'49" WEST 44.00 FEET TO THE WESTERLY LINE OF SOUTH PALM CANYON
DRIVE PER DOCUMENT RECORDED JUNE 8, 2006 AS INSTRUMENT NO.06-415382
OF OFFICIAL RECORDS, AND THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89°48'49"
WEST 210.06 FEET TO THE BEGINNING OF A NON -TANGENT 255.00-FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL BEARING TO
SAID POINT BEING SOUTH 24027'32" EAST;
2. THENCE LEAVING SAID SOUTHERLY LINE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23029'32" A
DISTANCE OF 104.55 FEET;
3. THENCE NORTH 42002'56" EAST 67.28 FEET TO THE BEGINNING OF A
TANGENT 210.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27002'46" A DISTANCE OF 99.13 FEET TO SAID
WESTERLY LINE OF SOUTH PALM CANYON DRIVE;
5. THENCE ALONG SAID WESTERLY LINE SOUTH 0004'27" EAST 167.49 FEET
TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH:
THAT PORTION OF SAID NORTHEAST QUARTER, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER NORTH
89048'49" WEST 44.00 FEET TO THE WESTERLY LINE OF SOUTH PALM CANYON
DRIVE PER DOCUMENT RECORDED JUNE 8, 2006 AS INSTRUMENT NO. 06-415382
Page 1
6
OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 0004'27"
WEST 273.10 FEET TO THE TRUE POINT OF BEGINNING;
6. THENCE LEAVING SAID WESTERLY LINE SOUTH 71028'51" WEST 24.67
FEET TO THE BEGINNING OF A TANGENT 310.00-FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;
7. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 9001'35" A DISTANCE OF 48.84 FEET;
8. THENCE SOUTH 62027'16" WEST 171.47 FEET TO THE BEGINNING OF A
TANGENT 95.00-FOOT RADIUS CURVE CONCAVE NORTHERLY;
9. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 66054'41" A DISTANCE OF 110.94 FEET;
10.THENCE NORTH 50038'03" WEST 21.11 FEET TO THE BEGINNING OF A
TANGENT 75.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
11.THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 61 °44'28" A DISTANCE OF 80.82 FEET;
12.THENCE NORTH 11006'25" EAST 57.23 FEET TO THE BEGINNING OF A
TANGENT 80.00-FOOT RADIUS CURVE CONCAVE WESTERLY;
13. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47032'35" A DISTANCE OF 66.38 FEET TO THE
BEGINNING OF A TANGENT 805.00-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY;
14.THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 9044'21" A DISTANCE OF 136.83 FEET;
15.THENCE NORTH 43049'29" EAST 15.00 FEET TO THE BEGINNING OF A
NON -TANGENT 820.00-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL BEARING TO SAID POINT BEING NORTH
43°49'29" EAST;
16.THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 9044'21" A DISTANCE OF 139.38 FEET TO THE
BEGINNING OF A TANGENT 95.00-FOOT RADIUS CURVE CONCAVE
WESTERLY;
17.THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47032'35" A DISTANCE OF 78.83 FEET;
18. THENCE SOUTH 11 006'25" WEST 57.23 FEET TO THE BEGINNING OF A
TANGENT 60.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
19.THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 61 °44'28" A DISTANCE OF 64.66 FEET;
20.THENCE SOUTH 50038'03" EAST 21.11 FEET TO THE BEGINNING OF A
TANGENT 80.00-FOOT RADIUS CURVE CONCAVE NORTHERLY;
Page 2
6
21.THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 66"54'41" A DISTANCE OF 93.43 FEET;
22.THENCE NORTH 62027'16" EAST 171.47 FEET TO THE BEGINNING OF A
TANGENT 325.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
23.THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CFNTRAL ANGLE. OF 9001'35" A DISTANCE OF 51.20 FEET;
24.THENCE NORTH 71028'51" EAST 23.35 FEET;
25.THENCE NORTH 0004'27" WEST 217.33 FEET;
26.THENCE NORTH 89"55'33" EAST 6.00 FEET TO SAID WESTERLY LINE OF
SOUTH PALM CANYON DRIVE;
27.THENCE ALONG SAID WESTERLY LINE SOUTH 0004'27" EAST 231.14 FEET
TO THE TRUE POINT OF BEGINNING.
AREA = 29,812 SQUARE FEET MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6.
DIVIDE DISTANCES SHOWN BY 1.0000273 TO OBTAIN GROUND DISTANCES.
3/20/15
MICKEY B. U RE RCE 27648
Page 3
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
1078843.1
EXHIBIT "B"
PERMANENT DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS
P rJri� E) 1/4
J_..J,
J-r
4
i f
513-460-032
W"VJW,Ar,j
INST. NO. 06-415382
INST. NO. 100198
L17�-
cD'4.UD
N 89'48'49` W
DRAINAGE EASEMENT TO BE ACQUIREI
AREA = 104,308 SF MORE OR LESS
TEMPORARY CONSTRUCTION EASEMEN'
TO BE ACQUIRED
AREA = 29,812 SF MORE OR LESS
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
0
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0
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0
to
T.P.O.B.
N'LY TCE I
BOGERT
TRAIL
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S'LY TCE
P.O.C.
S.E. COR.
N.E. 1 /4
S. E. 1 /4
SEC. 34
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
(� ) ss.
COUNTY OF IV a�
r ccM
On MA A a before me ��Ui ( Notary Public,
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/s*ettl1in7
executed the same in his/haFAheir authorized capacity(ies), and that by his/h&444enif
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. RENE JOHNS00
:Y Commission # 2006487
WIT SS 2 Notary Public -California z
my han and fficial seal. i
t Riverside County D
My Comm. Expires Mar 4, 2017
Signature
My Commission Expires: This area for official notarial seal
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
S i A T t OF "'ALIFORNIA )
) ss.
COUNTY OF lVa%4-e—
On
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
W17N,ESS my ha d and official seal.
Signature
My Commission Expires:
RENEJOHNSON
Commission # 2006487
=�+ Notary Public - California z
Riverside County
My Comm. Expires Mar 4, 2017
This area for official notarial seal
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF Q1 V� j ss. , )
Notary Public,
personally appeared -� f-`' , who
proved to me on the basis of sa isfactory evidence to be the person(s) whose name(s)
is/are- subscribed to the within instrument and acknowledged to me that he/sheAher
executed the same in his/hell ek authorized capacity(ies), and that by his/heir
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. A -
RENE Joli
Commission # 2006487
WITN my hand nd official seal. z Notary Public - California i
Z Riverside County D
My Comm. Expires Mar 4, 2017
Signature
My Commission Expires: This area for official notarial seal