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HomeMy WebLinkAboutA9009 - PALM CANYON FARMS, LLC (APN 510-160-014)RECORDING REQUESTED BY Stewart Title of California AND WHEN RECORDED MAIL DOCUMENT TO: NAME Anthony J. Meja, MMC STREET City Clerk "°ORES' City of Palm Springs CITY. STATE& 3200 E. Tahquitz Canyon Way LP Woe Palm Springs, CA 92262 DOC # 2022-0099433 02/28/2022 05:00 PM Fees: $0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically subm-lted to the County of Riverside for recording— Rece pted by: KAREN #277 (DS5-1 OC) SPACE ABOVE FOR RECORDER'S USE ONLY Temporary Construction Easement Title of Document Pursuant to Senate Bill 2 — Building homes and Jobs Act (Government Code Section 27388.1 (GC)), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those 9xpressly exempted from. payment of recording fees, per each single transaction per parcel of real property. The fee Imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). REASON FOR EXEMPTION: ❑ Exempt as Transfer of real property subject to Imposition of documentary transfer tax. ❑ Exempt from fee under GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer subject to the Imposition of documentary transfer tax (DTT). ❑ Exempt as Transfer of real property that is a residential dwelling to an owner -occupier. ❑ Exempt from fee under GC 27388.1 la) (2); recorded concurrently "In connection with" a transfer of real property that Is a residential dwelling to an owner -occupier. ❑ Exempt from fee under GC 27388.1 (a) (1); exceeds maximum fee of $226.00. ® Exempt from fee under GC 27388.1 (a) (1); not related to real property. THE FOLLOWING EXEMPTIONS APPLY -TO CERTAIN COUNTIES INCLUDING KERN MARIN PLUMAS AN DIEGO AND SAN FRANCISCO COUNTIES: ❑ Exempt from fee under GC 27388.1 (a) (2); recorded "in connection with" a transfer subject to the imposition of documentary transfer tax (DTT) which was paid on document recorded on as Document No. of the Official County Records, or ❑ Exempt from fee under GC 27388A (a) (1); recorded "in connection with" a transfer where the maximum fee of $225 was reached with documents recorded on as Document No. of the Official County Records. ❑ Exempt from fee under GC 27388.1 (a) (2); recorded "in connection with" a transfer that Is a residential dwelling to an owner -occupier with documents recorded on as Document No. of the Official County Records. I hereby declare under penalty of perjury that the Information provided above Is true and correct to the best of my knowledge and understanding. Executed this 9 8th day of February 2022 At Riverside CA City state signature RECORDING REQUESTED BY Stewart Title of California AND WHEN RECORDED MAIL DOCUMENT TO: NAME Anthony J. Meja, MMC STREET City Clerk ADDRESS City of Palm Springs C". STATE A3200 E. Tahquitz Canyon Way zwCOOE Palm Springs, CA 92262 SPACE ABOVE FOR RECORDER'S USE ONLY Temporary Construction Easement Title of Document Pursuant to Senate Bill 2 — Building Homes and Jobs Act (Government Code Section 27388.1 (GC)), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). REASON FOR EXEMPTION: ❑ Exempt as Transfer of real property subject to Imposition of documentary transfer tax. ❑ Exempt from fee under GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer subject to the Imposition of documentary transfer tax (DTT). ❑ Exempt as Transfer of real property that is a residential dwelling to an owner -occupier. ❑ Exempt from fee under GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer of real property that Is a residential dwelling to an owner -occupier. ❑ Exempt from fee under GC 27388.1 (a) (1); exceeds maximum fee of $225.00. ® Exempt from fee under GC 27388.1 (a) (1); not related to real property. THE FOLLOWING EXEMPTIONS APPLY TO CERTAIN COUNTIES INCLUDING KERN. MARIN. PLUMAS. SAN DIEGO AND SAN FRANCISCO COUNTIES: ❑ Exempt from fee under GC 27388.1 (a) (2); recorded "in connection with" a transfer subject to the Imposition of documentary transfer tax (DTT) which was paid on document recorded on as Document No. of the Official County Records, or ❑ Exempt from fee under GC 27388.1 (a) (1); recorded "in connection with" a transfer where the maximum fee of $225 was reached with documents recorded on as Document No. of the Official County Records. ❑ Exempt from fee under GC 27388.1 (a) (2); recorded "in connection with" a transfer that is a residential dwelling to an owner -occupier with documents recorded on as Document No. of the Official County Records. I hereby declare under penalty of perjury that the Information provided above Is true and correct to the best of my knowledge and understanding. Executed this 18th day of February _ ^� 2022 At Riverside �% CA state Recording requested by Stewart Tile of California, Inc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Anthony J. Mejia, MMC City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 1c-rz5-1vo (Space above this line reserved for Recorder's use) Ott ttir��i'o,n tbnv� fo� i s kn PROJECT: East Palm Canyon Drive Bridge over aC t-ti-� Palm Canyon Wash bt�°4Y► rcyf pi- yvvx%w" - Federal Project No. BRLO-5282 (041) F-h41VLW 0*t ooc-Aa City Project No. 12-04 k, dL1171 APNs: 510-160-014 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Palm Canyon Farms, LLC, a California limited liability company ("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 East Palm Canyon Drive Bridge over Palm Canyon Wash Project No. BRLO-5282 (041), City Project No. 12-04, 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 May 31, 2027. 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 L day of _ �� . , 202-1 GRANTOR: Palm Canyon Farms, LLC, a California limited liability company Its: Sole Member 1078843 1 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 truthfulness, accuracy or validity of that document. State of. _ _-C a _1 It 0 r it i.6 County of?") Y R rS i d-e- OnNDWMm Tr 7-1 before me, �� nn �. M�Irtin�z, NHPr I�vibIIG Date Name, Title of Officer personally appeared _ i" 4! T l ( 'Q �1 h 1 } a NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory p4dence to be the personX who ame�$&;are subscribed to the within instrum t and acknowledged to me tha&she/they executed the same in i per/their authorized capacity(iW, and that brer/their signaturesP4 on the instrument the personSo, or the entity upon behalf of which the personoj acted, execu ed the 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. ERYNN ti M PINEI COMM.#2303722 z � Notary Publlc • Californiao x@my Riverside County Sig ture of otary Comm. Expires Au . 31, 2023 1078943.1 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA 1078843 1 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN: 510-019-014 LEGAL DESCRIPTION All that portion of Government Lot 1 in Section 25, Township 4 South, Range 4 East, San Bernardino Base and Meridian, City of Palm Springs, County of Riverside, State of California, and being more particularly described by metes and bounds as follows: Beginning at the intersection of the north line of said Government Lot 1 with the southwesterly line of that certain strip of land, 80.00' wide as conveyed to the County of Riverside by Deed recorded July 10, 1930 in Book 887, Page 12 of Deeds, Records of Riverside County, California, (now known as State Highway 111) and being on the are of a non -tangent curve concave northeasterly having a radius of 1040.00', said point being the True Point of Beginning; Thence from said True Point of Beginning, southeasterly along said southwesterly line on the arc of said non -tangent curve, from a tangent which bears S42°21'44"E, a distance of 173.34' through a central angle of 9°32'59"; Thence departing from said southwesterly line S23°46'27"W 76.96'; ThenceN61°23'37"W 50.18'; Thence N23°46'27"E 65.92' to a point on the arc of a non -tangent curve concave northeasterly having a radius of 1060.00', said point being 20.00' distant from, when measured at right angles to the aforementioned southwesterly line; Thence northwesterly parallel with the aforementioned southwesterly line, along the arc of said non - tangent curve, from a tangent which bears N49°23'01"W, a distance of 148.02' through a central angle of 8°00'02" to the intersection of said line with the north line of said Government Lot 1; Thence S89158'00"E 26.87' along the north line of said Government Lot 1 to the True Point of Beginning. Containing 6,778 square feet or 0. 15 56 acres more or less. All as shown on EXHIBIT "B" attached hereto and by this reference made a part hereof. Bearings used herein are based on Record of Survey recorded in Book 10, Page 57, Record of Survey, Riverside County. Prepared by me or under my direction. A, J�'b M t 7Gxf T Y F CHER LS 5834 DATE Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078843 1 EXHIBIT "B" Temporary Construction Easement 24 ''-119 25130 \ P.O.B. \ Intersection of North Line of Government \ Lot 1 in Section 25,T.4 S.,R.4 E.S.B.B&M with the southwesterly line of State Highway 111. S89.58'DO "E 26.87' \ North line of Government Lot 1 �ko� 0 p0, \ s j04 > R = 1060.00 D� R 09.32 59 d = 08 00'02" p = 173.34\ L = 148.02' 0 50' 100' N23 46'27"E 65.92' \ \ 1 „ = 100' N612337"W 74' 50.18' ?35®ro- 6778 Sq. Ft - 0.1556 ACRES AY j APN 510-160-014 2012-0285855O� f ro;� 11008RLETL' `1 LEGEND 0 DIMENSION POINT V P.O.B. POINT OF BEGINNING OF CAL1F� BASIS OF BEARINGS: Record of Survey recorded in Book 10, Page 57 ® D O KIE N TeffqxW@u0xvibi ction Eafeiment DATE: 11 /10/20 CITY OF PALM SPRINGS APN: 510-160-014 110 BLUE RAVINE ROAD, SU17E 2~ 00 � COUNTY OF RIVERSIDE FasoM, CA 95630 STATE OF CALIFORNIA DE NO.---- (916)858-0642 CHECKED BY: PREPARED BY: tf SHEET 1 OF 1 OWNER: PALM CANYON FARMS LLC c \Uwe\tvrX\o.Map\2o79 Pu,sa.9 � �ppLMs. u u► IFORN� CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" and shown on Exhibit "B" APN: 510-160-014 Dated: December 9, 2021 From, Palm Canyon Farms LLC 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 151h day of December, 2021, 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 15t" day of December, 2021. MONIQU M. LOMELI, CIVIC CHIEF DEPUTY CITY CLERK DOE-M-A (Pt) REV.16 (02 21) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be compieled by transferee (Wryer) prior to transfer of "ad property, in aocordsma with section 450.3 of the Revenue and Taxation Code. A Preliminary Chanpe of Ownerahip Report must be flied with each conveyance In the County Recorders effhce for the county where the property Is located NAME AND MAILING ADDRESS OF BUYERITRANSFEREE (Make necessary corrections to Ore printed name and melIN address) City of Palm Springs, a Califomia charter city and municipal corporation 3200 E. Tahquitz Canyon Way, Attn: City Clerk Palm Springs, CA 92264 ASSESSOR'S PARCEL NUMBER 510-160-014 SELLERfrRANSFEROR Palm Canyon Fans, LLC, a California limited liability company BUYER'S DAYTIME TELEPHONE NUMBER (760) 322-8332 BUYER'S EMAIL ADDRESS STREET ADDRESS DR PHYSICAL LOCATi N OF REAL PROPERTY City Project 12.04, Project No. BRLO-5282 (041), Temporary Construction Easement, Portion of APN 510-150-014, Palm Sorinas. CA 92264 ❑YES ©NO This properly is intended as my principal residence. If YES, please indicate the date of occupancy or intended oc upency. ❑YES ©NO Ae you s disabled vateran or a INFORMATION TO (ADDRESS) PART 1: TRANSFER INFORMATION spouse or a diSiBb d veteran who was CITY Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES NO ❑ ® A. This transfer Is soley between spouses (&Melon or removalofa spouse, death of a spouse, dAww saftlemenr, alb.). ❑ (it a. This transfer Is solely between domestic partners currently registered with fhe California Secretary of State (addlElon or removal of partner, death of partne►, temrination sefMement etc,)- ❑ ® *C. This Is a transfer ❑ between parents) and chtid(ren) : l between grandparent(s) and grandch0d(ran). ❑ Q ID. This transfer Is the resull of a cotenants death Date of death ❑ •E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the some county? ❑ YES ❑ NO ❑ [ OF. This transectlorh Is to replace a principal residence by a person who is severely disabled Within the same county? ❑ YES ❑ NO ❑ ® 'G. This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or nattrral disaster for which the Governor proclaimed a state of emergency. Within the same county? ❑ YES Cl NO ❑ p H. This transaction Is only a correction el the name(s) of the person(s) holding title to the property (e.g a name change upon marriage.). I( YES, please explain ❑ p 1. The recorded document creates, terminates, or reeonvoys a lenders interest in the property, p p 3 This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g. ooslgnert. If YES, please explaln: ❑ ® K The recorded document substitutes a trustee of a trust, mortgage, or other almiiar document. L. This Is a transfer of property: Q ® i tolfron a revocable trust that may be revoked by the transferor and Is for the benefit of ❑ the transferor, andlor F .. the transferor's spouse ❑ registered domestic partner ❑ lie 2 toffrom an irrevocable trust for the benefit of ❑ creatorlgrantorltrustor andlor ❑ grentor'sltrustor•s spouse J grantorlsllruskies. registered domestic partner. ❑ I3 M. This property Is subject to a lease with a remain) ng lease term of 35 years or more Including written options. ❑ &7 N. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer Q �%] 0. This is a transfer sLbject to subsidized low-income housing requtrermlerlts with governmentally Imposed restrictions, or restrictions imposed by specified nonprofit oorporations. ❑ p OP. This transfer Is to the first purchaser of a new building containing an active solar energy system. M ❑ Q. Other. This transfer is to temporary construction easement " Please refer to the instructions for Part 1 Please provide any other information that wil I help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION PART 2: OTHER TRANSFER INFORMATION Check and complete as applicable. WE-.S02-A"REV. 15 (02-21) A. Data of transfer, It other than recording date: B. Type of transfer ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or exchange ❑ Merger, stock or partnership acquisition (Form BOE-100$) 0 Corgracf of sale - Date of contract: ❑ Inheritance. Date of death: ❑ SaWleasebadc ❑ Creation of lease ❑ Assignment of a tease ❑ 7ermination of a lease. Date lease began: Original term in years (Brduding w0en o0ons): Remaining terms In years (&rctb ng written Wons: m Offw. Please Explain MMMIX easement C. Only a partial interest in the property was transferred: Yes ❑ No If YES indicate the percentage transferred % PART 3: PURCHASE PRICE AND TERMS OF SALE Check and con lots as a�ikable. A. Total purchase price �L`�s�`` _ B. Cash down payment or value ottrade or exchange excluding closing costs Amount S C. First dead of (rust Q _% interest for _ years Monthly payment $ Amount S ❑ FHA (_Discount Points) ❑ Cal -feat [3VA (_Discount Pohl$) ❑ Fixed rate ❑ Varlable rate ❑ Bw*]Savtngs & LoWCredit Union Q Loan carried by seller ❑ Balloon payment $ Due date: D. Second deed of trust Q -,,,` % interest tor_ years. Monthly payment S Amount 5 ❑ Fixed rata ❑ Variable rate ❑ BmhklSavings & LoWCredil Union ❑ Loan carried by seller ❑ Balloon payment S Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ Yes ❑ No Outstanding balance S F. Amount, If any, of real estate commission fees paid by the hW which are not included in the purchase price $ G • The property was purchased: ❑ Through real estate broker. Broker name: Phone Number t _) ❑ Direct from seller ❑ From a family member -Relationship ❑ Other. Please explain- H. Please explain any that terra, seller coneesslom. PART 4: PROPERTY INFORMATION A, Type of property transferred ❑ Single-family residence D Multiple -family residence Number of units: ❑ Other Description (,e. tknber. mineral, water rights, etc,) fees waived, financing, and any other information (e.g., buyer assumed the Check and complete as applicable. ❑ Co-op/Own-your-own ❑ Manufactured home ❑ Condomnium [9 Unimproved lot ❑ Timeshare ❑ Commercialfinduairial B. ❑ YES Q NO Personaltbusiness property, or incentives, provided by seller to buyerare included In the purchase price. Examples of personal property are h"ure, farm equipment, machinery, eta. Examples of incentives are dub memberships, etc. Attach fist if available. If YES enter the value of the personaYbusiness property: S Incentives; C. ❑ YES © NO A manufactured home Is included In the purchase price. If YES, enter the value attributed to the manufactured home, ; $ ❑ YES (j NO The manufactured home is sub)ect to local property tax, 11 NO, enter decal number D. ❑ YES 12 NO The property produces rental or other Income tf YES, the Income Is from: ❑ Leasetrent ❑ Contract ❑ Mineral rights D Other. E. The condition of the property at the time of sale was: Mood [RAverage []Fair ❑ Poor Please describe: CERT1iCAT10N I cerfr7y (or dedare) that the (Ongoing and aft kdbrmsdOn hereon, Wudrng any accompanying statements or documents, is Inns and correct The Assessors office may contact you for additional Information regarding this transaction. 2. 3. 4. 5, 6. 7. 8. 9. 10. 11. Recorder PETER ALDANA P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 Website: www.riversideacr.com DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 510-160-014, 510-160-011, 510-160-012 City Project 12-04, Project No. BRLO-5282 (041), Temporary Construction Easement, Portion I declare that the documentary transfer tax for this Property Address: of APN 510-160-014, Palm Springs, CA 92264 transaction is $0.00. If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENT TRANSFER TAX BECAUSE. (The Sections listed below are taken from the Revenue and Taxation Code with the exceptions of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other`: Section 11911, The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor. Section 11911. The conveyance transfers to a revocable living trust by grantor or from a revocable living trust to a beneficiary. Section 11921. The conveyance was given to secure a debt. X Section 11922. The conveyance is to a governmental entity or political subdivision. Section 11925. The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held. Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. Section 11927, The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemptiOCL. This form maybe used for that purpose.) Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please he aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Also, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue Service. Section 8 The easement is ld perpetual, permanent, or for life. Section 9 The document is a lease for a term of LM than (35) years (including written options). Other (Include explanation and legal authority) I DE UNDE ENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed this 16's day of February , 20 22 at Palm Dese CA City State grate of giant Stewart Title of California Inc. Name of Firm (if applicable) For Recordeds Use: T. Castro Printed Name of Afiiant 73020 El Paseo Ste 103 Palm Desert, CA 92260 Address of Affiant 760-7714645 Telephone Number of Affiant (including area code) This form is subject to the California Public Records Act (Government Code 6250 et. seq.) Affix PCOR Label Here ACR 521 (Rev. 1112014) Available in Alternative Formats TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: East Palm Canyon Drive Bridge over Palm Canyon Wash CITY PROJECT NO: 12-04 FEDERAL PROJECT NO: BRLO-5282 (041) APN: 510-160-014 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is made and made this - day of Qec.Sm . 2021, 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", Palm Canyon Farms, LLC, a California limited liability company, 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 510-160-014, (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. 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) 610-160-014 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Construction Easement") associated with the East Palm Canyon Drive Bridge over Palm Canyon Wash, City ProjectNo. 12-04, Federal Project BRLO-5282 (041) ("Project"). 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 6,778 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 June 1, 2022 or the close of escrow controlling this transaction, whichever occurs first, and the amount shown in Section 13 herein includes, but is not limited to, full payment for such possession and use, from said date. The Temporary Construction Easement will expire on May 31, 2027. 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. Grantor recorded Instrument #2020-0539291 dated November 04, 2020 which is required for Riverside County Flood Control and Water Conservation District to repair the existing levee located on the Property for flood control purposes and emergency removal of accumulated sediment, debris and other material from the Property as necessary. if an urgent sediment removal is necessary, Grantee shall immediately remove all vehicles and equipment in the Easement area obstructing the sediment emergency removal to have direct access. All such rights granted to City under this Agreement shall be subordinate to the rights granted by Grantor to the Riverside County Flood Control and Water Conservation District ("RCFC&WCD"). In addition to the provisions of Section 7, in the event that the RCFC&WCD brings any claims against Grantor, asserting that the City is interfering with the rights granted to the RCFC&WCD, the City will make arrangements to come into compliance with the RCFC&WCD's demands and will defend and indemnify Grantor against any such claims by the RCFC&WCD. 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 condition reasonably similar to the condition existing as of the date of this Agreement. 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: Palm Canyon Farms LLC 800 S Pacific Coast Hwy STE 225 Redondo Beach, CA 90277 With a copy to: Beach Cities Law Group, Inc. Attn: Frank Sandelmann, Managing Partner 324 Manhattan Beach Blvd., Suite # 201 Manhattan Beach, CA 90266 310/905-3240 fandelmann@bclgi.com 7. To the extent permitted by law, City 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 it is the owner of the Property described above and that it has 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. 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. In the event that there is any dispute between the Parties relating to the subject matter of this Agreement or arising out of the enforcement of the terms of this Agreement, the prevailing party in any resulting legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs. 13. City shall pay to Grantor the sum of Two Thousand Five Hundred dollars and no cents ($2,500.00), (the "Rental Price"), plus attorneys' fees incurred by Grantor in connection with the review and revisions for this Agreement, not to exceed $1,500.00 to be based on actual redacted legal invoices from Grantor's attorneys, which are submitted to the City for payment by November 3, 2021. for the right to enter upon and use Grantor's land in accordance with the terms hereof. Applicable compensation for property improvements located in the TCE area is included in rental price above. Grantor hereby expressly and unconditionally waives any and all claims for relocation assistance benefits, severance damages, 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 payment for all acquisition claims, rent, use claims, 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 14. The City will comply with: 1) Section 21.7(a) of Title 49, Code of Federal Regulations, and 2) all elements of Title VI of the Civil Rights Act of 1964. 15. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and yearfirst above written. GRANTEE: CITY OF PALM SPRINGS, a California charter city and municipal corporation By: \,am, C410, JustinLglifton, City Onager � ooq A' ATTEST: M APPROVED AS TO FORM: By: —C) .4w I) Jeffy S. alli er, City Attorney Exhibit List GRANTOR: Palm Canyon Farms, LLC, a California limited liability company r ZY: Name: Michael J. Kilroy Its: Sole Member Exhibit A - Legal Description of the Easement Area Exhibit B - Description of the Easement Area 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 truthfulness, accuracy, or validity of that document. State of California `, County of ��V Q raj 1 d e ) On Zs ROM before me, ► 11 Y� - 1' I�Y� j�z� G N�Cii� i'Ui 11 G (ihs ert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evi ence to be the rsonK whose nam i are s.Ubscribed to the within instrument and acknowledged to me thaYshelthey executed the same in Oi,%6edtheir authorized capacitylie", nd that bY691 her/their signature, on the instrument the person.W, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. =MARTINR'N"WITNESS my hand and official seal. 03722 pO alifomia oZ unty.Mu . 31, 2023 Signature (Seal) Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN: 510-160-014 LEGAL DESCRIPTION All that portion of Government Lot 1 in Section 25, Township 4 South, Range 4 East, San Bernardino Base and Meridian, City of Palm Springs, County of Riverside, State of California, and being more particularly described by metes and bounds as follows: Beginning at the intersection of the north line of said Government Lot 1 with the southwesterly line of that certain strip of land, 80.00' wide as conveyed to the County of Riverside by Deed recorded July 10, 1930 in Book 887, Page 12 of Deeds, Records of Riverside County, California, (now known as State Highway 111) and being on the arc of a non -tangent curve concave northeasterly having a radius of 1040.00', said point being the True Point of Beginning; Thence from said True Point of Beginning, southeasterly along said southwesterly line on the arc of said non -tangent curve, from a tangent which bears S42°21'44"E, a distance of 173.34' through a central angle of 9°32'59"; Thence departing from said southwesterly line S23°46'27"W 76.96'; Thence N61'23'37"W 50.18'; Thence N23°46'27"E 65.92' to a point on the arc of a non -tangent curve concave northeasterly having a radius of 1060.00', said point being 20.00' distant from, when measured at right angles to the aforementioned southwesterly line; Thence northwesterly parallel with the aforementioned southwesterly line, along the are of said non - tangent curve, from a tangent which bears N49°23'01"W, a distance of 148.02' through a central angle of 8°00'02" to the intersection of said line with the north line of said Government Lot 1; Thence S89°58'00"E 26.87' along the north line of said Government Lot 1 to the True Point of Beginning. Containing 6,778 square feet or 0.1556 acres more or less. All as shown on EXHIBIT "B" attached hereto and by this reference made a part hereof. Bearings used herein are based on Record of Survey recorded in Book 10, Page 57, Record of Survey, Riverside County. Prepared by me or under my direction. le-e-4 G� zo TERRY LETCHER LS 5834 15ATE Exhibit "B" DEPICTION OF THE EASEMENT AREA EXHIBIT "B" Temporary Construction Easement S89 58'00 "E 26.87' North line of Government Lot 1 R 1060.00' d 08'00'02" 148.02' N23 46'27"E 65.92' N61 '23'37"W 50.18' 6778 Sq.Ft - 0.1556 ACRES APN 510-160-014 2012-0285855 LEGENQ 0 DIMENSION POINT P.O.B. POINT OF BEGINNING 2-4 1 19 25 130 4— P.O.B. I Intersection of North Line of Government Lot 1 In Section 25,T.4 S.,R.4 E.S.B.B&M with the southwesterly line of State Highway 111. \� _ 1040 p0, ,, OS.32 59 A - 1 y3 34' r.. - y\ \ a so' 1 oa' I \ ` 1„=100' u. BASIS OF BEARINGS. Record of Survey recorded In Book 10, Page 57 ®DOKKEN Tem Construc*m Easment DATE: 11 10/20 VC N a H It w I N s CITY OF PALM SPRINGS APN: 510-160-014 110 sWE RAVINE ROAD. SUITE 200 COUNTY OF RIVERSIDE FOLSOM, CA 95630 STATE OF CALIFORNIA DE NO.---- (916)858-0642 CHECKED BY: PREPARED BY: tf SHEET 1 OF 1 0 R:PAL CANYON FARMS LC a'\U—\t-0V6*Wq\2M KAMM" � �apLMsA �y c u u+ CITY OF PALM SPRINGS OFFICE OF THE Cl TY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" and shown on Exhibit "B" APN: 510-160-014 Dated: December 9, 2021 From, Palm Canyon Farms LLC 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 15th day of December, 2021, 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 15th day of December, 2021. C�� - MONIQUff M. LOMELI, CMC CHIEF DEPUTY CITY CLERK