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HomeMy WebLinkAboutA7267 - RAMON TOWER BUSINESS PARK, IncRLGEIyED CITY OF P: Ltl SPRINGS RECORDING REQUESTED BY: City of Palm Springs 2020 JUN 15 AM ; 51 WHEN RECORDED RETURN19""ICE OF THE CIT CLE City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Govemment Code § 6103 DOC # 2020-0129196 03/20/2020 09:40 AM Fees: $0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: MARIA #309 92022624 TRA: 01 9-052 APN: 680-190-036 (Space above this line reserved for Recorder's use) TTX$ 0.00 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter "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, (hereinafter "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 Cathedral City, 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 Ramon Road Widening Project, Federal Project No. BHLS-5282(040), 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 June 30, 2024 or five years (5) after the close of escrow controlling this transaction, whichever occurs first. 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 �7 day of . a 20 Z GRANTOR: Ramo oPark. Inc., a California mutual benefit non-profit corporation.�rB By: By. Its: t�Gr t\� ir-ecJ tlJ' c� �^ Its: Garnik Gevorgyan, Secretary Kevin Sarkisyan, CEO ,nwealth Land Title Company RECORDING REQUESTED BY: City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code § 6103 APN: 680-190-036 (Space above this line reserved for Recorder's use) TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter "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, (hereinafter "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 Cathedral City, 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 Ramon Road Widening Project, Federal Project No. BHLS-5282(040), 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 June 30, 2024 or five years (5) after the close of escrow controlling this transaction, whichever occurs first. 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 , 20 GRANTOR: Ramo o ,r Bu s Park. Inc., a California mutual benefit non-profit corporation By: By: Its: L --eJd,,' Qr, Its: (teV,,f\ Se, 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 v-t County of L'Z_.� — On 3, /r L c7 2 before me, Date ' / Name, Ti of Officer personally appeared _ 6—old n" It O'Quc9t q H ^e� , I "%^ 's C.r `LDS r, NAME(S) OF SIGNER(S) 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 signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary 5E• °Frti MICHAELA.GOYENEC77�j HE z Notary Public California ' Los Angeles County Z ° Commission # 2312832 My Comm. Expires Nov 17. 2023 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 i 2 MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D OF LAND DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 89055'50" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF RAMON ROAD A DISTANCE OF 323.11 FEET; THENCE SOUTH 00*16-00" EAST, A DISTANCE OF 63.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°55'50" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL D AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 61.04 FEET; THENCE SOUTH 68054'16" WEST, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19044'18", AN ARC DISTANCE OF 20.44 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01021'26" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 00000'00" WEST, A DISTANCE OF 2.02 FEET; THENCE SOUTH 89'55'50" WEST, A DISTANCE OF 22.66 FEET; THENCE NORTH 00004'10" WEST, A DISTANCE OF 2.00 FEET; 1 OF 4 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT THENCE SOUTH 89055'50" WEST, A DISTANCE OF 28.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19031'19", AN ARC DISTANCE OF 20.22 FEET; THENCE NORTH 70032'51" WEST, A DISTANCE OF 27.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 43.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03038'22", AN ARC DISTANCE OF 2.77 FEET TO THE NORTHERLY LINE OF SAID PARCEL D AND THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 15°48'47" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 89055'50" WEST, ALONG SAID NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 55.26 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE SOUTH 66006'27" WEST, A DISTANCE OF 15.69 FEET; THENCE LEAVING NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE SOUTH 34046'27" WEST, A DISTANCE OF 12.27 FEET; THENCE SOUTH 89055'50" WEST, A DISTANCE OF 6.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 29.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69001'54" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20043'15", AN ARC DISTANCE OF 10.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89'45'09" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 28010'38" EAST, A DISTANCE OF 2.12 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 5.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; 20F4 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT THENCE ALONG SAID PARALLEL LINE THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 00°00-18" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 156.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °2733", AN ARC DISTANCE OF 31.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78"32'09" WEST; (3) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°27-33", AN ARC DISTANCE OF 29.00 FEET; (4) THENCE SOUTH 00°00-18" WEST, A DISTANCE OF 151.38 FEET; THENCE LEAVING SAID PARALLEL NORTH 8905942" WEST, A DISTANCE OF 5.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; THENCE SOUTH 00000'18" WEST, ALONG SAID WESTERLY LINE AND SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.59 FEET; THENCE SOUTH 89059-42" EAST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°00-19" EAST, A DISTANCE OF 20.59 FEET; THENCE NORTH 90°00-00" EAST, A DISTANCE OF 17.00 FEET; THENCE NORTH 00°00'18" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 90000'00" WEST, A DISTANCE OF 17.00 FEET; THENCE NORTH 00"00-19" EAST, A DISTANCE OF 259.48 FEET; THENCE NORTH 89055'50" EAST, A DISTANCE OF 260.59 FEET; THENCE NORTH 00016'00" WEST, A DISTANCE OF 37.00 FEET, TO THE TRUE POINT OF BEGINNING; 30F4 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 21,475 SQUARE FEET OR 0.493 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS P.L.S. 4989 DATED: � Z� / 7 40F4 CHNIM R HAFM 1, Na 4969 1 OF EXHIBIT "Bv TEMPORARY CONSTRUCTION EASEMENT APN 880-190-038 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., RZE., SBM RAMON ROAD P.O.C. OI' ` N 89'55'50" E 323.11' NW CDR 5 `A" SEE DETAIL •B• j . SEC 21 SEE DETAIL 20 21 ON SHEET 2 ON SHEET 2 40 - ..... �I N 15-48-47"E I R C3 / 4 1L9 I 10 L2 � ( C2 � L7 ` TCE AREA \ NE COR. PAR. D ¢ N 89'55'50" E 260.59' o I M > WI NaW^o i I o PARCEL MAP NO. 30704 �� S � PMB 212/4-7 z\� i I z{ TCE AREA PARCEL D l g" z 210.493SAC.O. � L� NO. 2Q16-484 W � °d w SEE LINE AND CURVE TABLES SHEET 2 a I N 0 40' PUE PER INST. NO. 5822 I i i w Y 0 REC. 1 /9/1980, O.R. 71r32'09"w a C c ®�' SCE ESMT. PER INST. N0. R p In �1 j O M 149524 REC. 8/3/1977, O.R. I � U V) r � La o COUNTY OF RIVERSIDE TCE a a © PER INST. NO. 112978 REC. I z N o a N 06/17/1981, O.R. z D Q r mZp\ I N N o �{ R/W PER SEPARATE DOCUMENT DO Z I 3�UDo p o ` 0 w V) C3 a 0 0 d W 422 I i W ce v R.Ims � Z i I } No. J I OF I I 0 60 120t L16 DATED: /Z S Zo r7 I I SCALE 1"=60' °f L20 TEMPORARY CONSTRUCTION EASEMENT J J 23' L18, MSA CONsuunm, INc. PROJECT NAME: RAMON ROAD PLANNING ■ CIVIL ENGINEERING CITY PROJECT NO. 08-25 LAND SURVEYING IS PLAT IS AN AID IN LOCATING THE PARCEL S DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 2 0 a ¢ w J 0 m 0 z Q J EXHIBIT "B° TEMPORARY CONSTRUCTION EASEMENT APN 880-190-030 RAMON TOWER BUSINESS PARK RAMON ROAD SEC. 21, T.4S., R.5E., S8M n 4 -11(// N69'01'54"W R L1 ? 4 U / AREA 21.475 SO. FT. 45'0 'W 0.493 AC. L13 Wz DETAIL 'A' NOT TO SCALE �tr LINE DATA NO. BEARING LENGTH L1 S 00'16 00 E 63. 0 00 L2 S 89'55 50 W 61.04 L3 S 68.5416 W 26.15 L4 S 00'00 00 W 2.02 L5 S 89'55 50 W 22.66 L6 N 00'0410 W 2.00 L7 S 89'55 50 W 28.67 L8 N 7T32 51 W 27.17 L9 S BW55 50 W 55.26 L10 S 66'06 27 W 15.69 1-11 S 34'46 27 W 12.27 L12 S SW55 50 W 6.55 L13 S 28-10 38 E 2.12 L14 S 00'00 18 W 126.56 L15 S 00'00 18 w 151.38 L16 N 89'59 42 W 5.50 L17 S 00'00 18 W 20.59 L18 S 89'59 42 E 40.00 1-19 N 00'00 19" E 20.59 L20 N 90'00 00 E 17.00 L21 N 00*0018 E 70.00 L22 N 90 00 00 W 117.00 53 N 0Q 16 OO W 37.00 RAMON ROAD EXIST. S'LY R/W UNE CE A E S 01'21'21 /721.475 SQ. FT. / 0.493 AC. DETAIL 'B' NOT TO SCALE CURVE DATA NO. DELTA RADIUSR20.44' Cl 19'4418 59.33C2 19'3119 59.33C3 OT3-8 22 43.67C4 20'431529.5005 11'27 33 156.00 C6 1 11'27 33 145.00 29.00 E TEMPORARY CONSTRUCTION EASEMENT LZZZ4�j IDMSA Coxsuunm, INc. PLANmNo ■ CrvjL ENGINEERING LAND SURVEyiNG J.N. 1963 SHEET 2 of 2 CityPalm of Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Dated: From: TEMPORARY CONSTRUCTION EASEMENT March 13, 2020 Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation 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 tq!� day of Mai cam. , 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16'" 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 %00'— day of Ma,rc.+N , 2020. � �ppLM�A� i a u w � R �Oq °'�roun� `•s p R i / F IRL of R l y,, PETER ALDANA Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486 7000 5� 4w Website: ymy.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. 680 --190 --036 I declare that the documentary transfer tax for this Property Address: vacant I arid, Cathedral City CA 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 DOCUMENTARY TRANSFER TAX BECA USE. (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other". 1. Section 11911. 2. Section 11911. 3. Section 11921. 4. x Section 11922. 5. Section 11925. 6. Section 11926. 7. Section 11927. 8. Section 11930. 9. Section 8. 10. Section 9. 11. Other 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. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary. The conveyance was given to secure a debt. The conveyance is to a governmental entity or political subdivision. The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held. 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. The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.) The conveyance is an inter vivos gift* or a transfer by death. *Please be 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. The easement is =.perpetual, permanent, or for life. The document is a lease for a term of LMLthan (35) years (including written options.) (Include explanation and legal authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Exe uteri this 19 day of March 202_0_ at Newport Beach CA City State Carly Beard SignatumofA PlintaName ofAffiant Com mnnw -alth Land Title Company NewotD120NB CA 941t 2660 Name of Firm (if applicable) Address of Affiant (including City, State, and Zip Code) 949-724-3159 Telephone Number of Afiiant (including area code) For Recorder's Use: This form is subject to the California Public Records Act (Government Code 6250 et. seq.) Affix PCOR Label Here ACR 521 (Rev. 11/2014) Available in Alternate Formats RECORDING REQUESTED BY: City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code § 6103 DOC # 2020-0129196 03/20/2020 09:40 AM Fees: $0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording— Receipted by: MARIA #309 92022624 TRA:019-052 APN: 680-190-036 (Space above this line reserved for Recorder's use) TTX$ 0.00 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter "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, (hereinafter "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 Cathedral City, 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 Ramon Road Widening Project, Federal Project No. BHLS-5282(040), 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 June 30, 2024 or five years (5) after the close of escrow controlling this transaction, whichever occurs first. 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 �7 - day of , 20 Z GRANTOR: Ramo o�rBu ' .SS Park, Inc., a California mutual benefit non-profit corporation By: By: Its: f\% L �reJtN' ti Q^ Its: (I V i r\ SP- !4I' S y rjr-\ Garnik Gevorgyan, Secretary Kevin Sarkisyan, CEO DOC #2020-0129196 Page 2 of 9 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 k-1-1 tk— County of LZJ On 3 --fir 2- before me, , Date ,, // Name, Ti of Officer personally appeared_ ta,f+��2c1c9t�j�ar� , tL"tn '3_�^— NAME(S) OF SIGNER(S) T 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 signatures(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 identified herein, that the foregoing paragraph is true avid correct. Witness my hand and official seal. Signature of Notary /�•r MICHAELA.GaYENECHE Notary Public • California z Los Angeles County sr Commission ; 2312832 My Comm. Expires Nov 17, 2023 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 t 2 c►� �c�- �^�G MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DOC #2020-0129196 Page 3 of 9 a EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D OF LAND DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO, 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO, 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 89055'50" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF RAMON ROAD A DISTANCE OF 323.11 FEET; THENCE SOUTH 00016'00" EAST, A DISTANCE OF 63.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°55'60" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL D AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 61.04 FEET; THENCE SOUTH 68054'16" WEST, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 69.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19044'18", AN ARC DISTANCE OF 20.44 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01021'26" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 00"00'00" WEST, A DISTANCE OF 2.02 FEET; THENCE SOUTH 89°55'50" WEST, A DISTANCE OF 22.66 FEET; THENCE NORTH 00004'10" WEST, A DISTANCE OF 2.00 FEET; 1 OF 4 DOC #2020-0129196 Page 4 of 9 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT THENCE SOUTH 89"55'50" WEST, A DISTANCE OF 28.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°31'19, AN ARC DISTANCE OF 20.22 FEET; THENCE NORTH 70032'51' WEST, A DISTANCE OF 27.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 43.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03938'22", AN ARC DISTANCE OF 2.77 FEET TO THE NORTHERLY LINE OF SAID PARCEL D AND THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 15°48'47" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 89*55-50" WEST, ALONG SAID NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 55.26 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE SOUTH 66°06'27" WEST, A DISTANCE OF 15.69 FEET; THENCE LEAVING NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE SOUTH 34*4627" WEST, A DISTANCE OF 12.27 FEET; THENCE SOUTH 8905650" WEST, A DISTANCE OF 6.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 29.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69001'64" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°43'15", AN ARC DISTANCE OF 10.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 8945'09" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 28-10-38" EAST, A DISTANCE OF 2.12 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 5.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; 20F4 DOC #2020-0129196 Page 5 of 9 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT THENCE ALONG SAID PARALLEL LINE THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 156.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 "27'33", AN ARC DISTANCE OF 31.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78"32'09" WEST; (3) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11027'33", AN ARC DISTANCE OF 29.00 FEET; (4) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 151.38 FEET; THENCE LEAVING SAID PARALLEL NORTH 89°5942" WEST, A DISTANCE OF 5.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; THENCE SOUTH 00°00'18" WEST, ALONG SAID WESTERLY LINE AND SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.59 FEET; THENCE SOUTH 89"59'42" EAST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00000'19" EAST, A DISTANCE OF 20.59 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 17.00 FEET; THENCE NORTH 00900'18" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 90000-00" WEST, A DISTANCE OF 17.00 FEET; THENCE NORTH 00"00'19" EAST, A DISTANCE OF 259.48 FEET; THENCE NORTH 89055'50" EAST, A DISTANCE OF 260.59 FEET; THENCE NORTH 00"16'00" WEST, A DISTANCE OF 37.00 FEET, TO THE TRUE POINT OF BEGINNING; 3 OF 4 DOC #2020-0129196 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 21,475 SQUARE FEET OR 0.493 ACRES MORE OR LESS, AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: DATED: S"1 r�/7 40F4 CHAMM R NARFUS Na 4965 1 OF CA1 DOC #2020-0129196 Page 7 of 9 EXHIBIT "B'► TEMPORARY CONSTRUCTION'EASEMENT APN 880-190-038 RAMON TOWER BUSINESS PARK _ SE_C. 21, T.4S., R.5E., SBM 1T ` Tom" RAMON ROAD ..C. N $9'55 50" E 323.11' SE CDR.-'---" 5" SEE DETAIL •A• SEE DETAIL •E• SEC 21 �. 21 40' ON SHEET 2 g ON SHEET 2 ' N15.48'4i*E TRT C3 / 4 I L9 L2 C2 L7 L5 T. TCE AREA NE CDR. PAR D rn� �a �D ^A 08W N -p82 d N •- 1 U.N. w �w a� PARCEL MAP NO. 30704 PMB 212/4--7 PARCEL D LLA NO. 2016-484 SEE LINE AND CURVE TABLES SHEET 2 Q40' PUE PER INST. NO. 5822 REC. 1/9/1980, O.R. ©50' SCE ESMT. PER INST. NO. 149524 REC. 8/3/1977, O.R. a COUNTY OF RIVERSIDE TCE PER INST. NO. 112978 REC. 06/17/1981. O.R. ® R/W PER SEPARATE DOCUMENT O' 60, 120' SCALE 1 "=60' TEMPORARY N EASEMENT LAND SuRvEywc CALLSARE LOCATED '14 THE WRITTEN DESCRIPTION". .i.N. 1963 SHEET 1 OF DOC #2020-0129196 Page 8 of 9 a d W J 0 co jt a z d J :..e EXHIBIT °B° TEMPORARY CONSTRUCTION' EASEMENT APN 080-1190-036 RAMON TOWER BUSINESS PARK RAMON ROAD SEC. 21, T.4S., R.SE., SSM A I R ) - Li 4 E AEA 21,475 SO. FT. A5'0 V 0.493 AC. L13 -' DETAIL 'A" NOT TO SCALE LINE DATA NO. BEARING LENGTH L1 S 00' 16 00 E 63.00 L2 S 89'55 50" W 61.04 L3 S 68'5416 W 26.15 L4 S 00'00'00 W 2.02 L5 S 89'55 50 W 22.66 L6 N OUR 1 om W 2.00 L7 S 89'55 5p W 28.67 LB N 70132 51 W 27.17 L9 S BW55 50 W 55.28 L10 S 66'06 27 W 15.69 Ll l S 34 46 27 W 12.27 Ll 2 S SW55 50 . W .55 L13 S 28'10 38 E 2.i2 L14 IS 00' i 8 W 126.56 L15 S QO'00 1 8w V 151.38 L16 N SW5 42 W 5.50 L17 S OW00 18 W 20.59 L18 S 8W59 42 E 40.00 L19 N 00'00 19 E 20.59' L20 N 90'00 OO E 17.00 L21 N OO'0018 E 70.00 L22 I N 90.00 00 17.00 L23 I N OW16 00 W 37.00 RAMON ROAD EXIST. S'LY R/W LINE I A r- �CE AREA S 01'21'21 21,475 5Q. t'l'. / /// 0.493 AC. DETAIL •B' NOT TO SCALE CURVE DATA NO. DELTA RADIUS LENGTH Cl 19'44 1 B 59.33' 20.44 C2 19'31 9 59.33' 20.22 C3 03'38 22" 43.67 2.77 C4 20'4315" 29.50 iO.67 C5 156.00'31.20 C6 ml� 145.00 29.00 E TEMPORARY CONSTRUCTION EASEMENT r//-///Zl MSA CoxsvLme, INr- PLAMMO ■ CIVIL IENGOMERING ID LAND SvRVEsI*ING J.N. 1963 SHEET 2 OF 2 DOC #2020-0129196 Page 9 of 9 Cit- -of Palm Sprincrs. Office of the City Clerk 3200 E. Thhquitz Canyon Way • Piilm Springs, California 92262 Tel: 760.323.8204 • Pax: 760.322.833Z • TDD 760.864.9527 • www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Dated: From: TEMPORARY CONSTRUCTION EASEMENT March 13, 2020 Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation 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 14k day of N\av cv-, , 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 161' 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 14A^ day of jVl��rch , 2020. o�pA�MSA� W tN * R P,q<lPo+AN�P City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov TRANSMITTAL DATE: June 3, 2020 TO: City Clerk FROM: Vonda Teed, Engineering Administrative Secretary for Marcus L. Fuller, Assistant City Manager/City Engineer SUBJECT: Recorded Temporary Construction Easement APN 677-420-022, 7-11 Development Company, LLC (A8462), City Project No. 08-25, Ramon Road Widening — San Luis Rey Drive to Landau Blvd. W7-94:�-- Message: Enclosed please find the recorded original Temporary Construction EaSement for the subject project for your records. If you have any questions, please W Q hesitate to contact Marcus L. Fuller, Assistant City Manager/City EnAeet�7661 322-8380. a oX rn w r-m E? T.. i 3 Z (A rn -.< Cl) m Enclosures: APN 677-420-022 Temporary Construction Easement cc: Project File Commonwealth Land I Itle ;,any RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code §6103 TTX: $0.00 TRA: 019-052 APN: 680-190-036 DOC # 2020-0129195 03/20/2020 09:40 AM Fees: $0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: MARIA #309 PACE ABOVE THIS LINE GRANT DEED (RAMON ROAD) RDER'S USE For a valuable consideration, receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Dated: 3 -'7 ' 2 o -L Z) GRANTOR: Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation By: Its: �� 2�/ a r t. �•. Garnik Gevorgyan, ecretary By: Its: kta v L i.s c l a,. -- Kevin Sarkisyan, CEO DOC #2020-0129195 Page 2 of 10 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 County of L* S=:kn AlS On 3, 7 ' �- before me, Date Name, Titl �fOfflcer personally appeared �r-E1\ �L C"jobk1 A" 1`x uice J ae—V_f NAME(S) OF SIGNER(S) 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 hisfher/their authorized capacity(ies), and that by his/her/their signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary MICHAEL A. GOYENECHE Notary Public • California s �� '- Los Angeles County > o Commission r 2312832 r ��� •�� ` My Comm. Expires Nov 17, 2023 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 fit-- `- T14Lal MUST BE ATTACHED 2,.1, 20 +� TO THE DOCUMENT Number of Pages 2— DATE of DOCUMENT ' DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DOC #2020-0129195 Page 3 of 10 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA 1: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 8905550" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 323.11 FEET; . THENCE SOUTH 00016'00" EAST, A DISTANCE OF 63.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RAMON ROAD; THENCE SOUTH 89055'50" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL D AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 26.15 FEET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°54'16" WEST, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19044'18", AN ARC DISTANCE OF 20.44 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 010211260 EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 00000'00" WEST, A DISTANCE OF 2.02 FEET TO A POINT ON A LINE PARALLEL WITH SAID SOUTHERLY RIGHT- OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89°55'50" WEST, A DISTANCE OF 22.66 FEET; 1 OF S DOC #2020-0129195 Page 4 of 10 EXHIBIT "All LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT -OP -WAY DEDICATION THENCE NORTH 00004'10" WEST, A DISTANCE OF 2.00 FEET TO A POINT ON A LINE PARALLEL WITH SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89-55-50" WEST, A DISTANCE OF 28.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19"31'19", AN ARC DISTANCE OF 20.22 FEET; THENCE NORTH 70032'51" WEST, A DISTANCE OF 27.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 43.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°3822, AN ARC DISTANCE OF 2.77 FEET TO A POINT THE NORTHERLY LINE OF SAID PARCEL D SAID POINT ALSO BEING ON SAID SOUTHERLY RIGHT -WAY -LINE OF RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 15°4847" EAST; THENCE ALONG SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT -OF- WAY LINE THROUGH THE FOLLOWING FIVE (5) COURSES: (1) THENCE NON -TANGENT TO LAST SAID CURVE NORTH 89-55-50" EAST, A DISTANCE OF 89.79 FEET; (2) THENCE SOUTH 0000410" EAST, A DISTANCE OF 5.00 FEET; (3) THENCE NORTH 89°55'60" EAST, A DISTANCE OF 25.00 FEET; (4) THENCE NORTH 00°04'10" WEST, A DISTANCE OF 5.00 FEET; (5) THENCE NORTH 89°55'50" EAST, A DISTANCE OF 28.99 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 1,339 SQUARE FEET OR 0.031 ACRES MORE OR LESS. 20F5 DOC #2020-0129195 Page 5 of 10 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA 2: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE SOUTH 00"00'18" EAST, ALONG THE WESTERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF SAID LANDAU BOULEVARD A DISTANCE OF 429.40 FEET; THENCE SOUTH 89°59'42" EAST, A DISTANCE OF 23.00 FEET TO THE WESTERLY LINE OF SAID PARCEL D, SAID POINT ALSO BEING ON THE EASTERLY RIGHT- OF-WAY LINE SAID LANDAU BOULEVARD AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY AND NORTHERLY LINES OF SAID PARCEL D AND SAID EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD THROUGH THE FOLLOWING FIVE (5) COURSES: (1) THENCE NORTH 00°00'18" EAST, A DISTANCE OF 151.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 150.50 FEET; (2) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 `27'33", AN ARC DISTANCE OF 30.10 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 150.50 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 78"32'09" EAST; (3) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°27'33", AN ARC DISTANCE OF 30.10 FEET; (4) THENCE NORTH 0000018" EAST, A DISTANCE OF 140.09 FEET; (5) THENCE NORTH 66006k27" EAST, A DISTANCE OF 21.88 FEET; EI+I;mj DOC #2020-0129195 Page 6 of 10 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION THENCE SOUTH 3494627" WEST, A DISTANCE OF 12.27 FEET; THENCE SOUTH 89055150" WEST, A DISTANCE OF 6.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 29.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69-01'54" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°43'15', AN ARC DISTANCE OF 10.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89"45'09" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 28°10'38" EAST, A DISTANCE OF 2.12 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 5.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; THENCE ALONG SAID PARALLEL THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 00°a0'18" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 156.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °27'33", AN ARC DISTANCE OF 31.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78032'09" WEST; (3) THENCE SOUTHERLY ALONG THE ARC OF SAID CARVE, THROUGH A CENTRAL ANGLE OF 11027'3311, AN ARC DISTANCE OF 29.00 FEET; (4) THENCE SOUTH 00'00'18" WEST, A DISTANCE OF 151.38 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 89°59'42" WEST, A DISTANCE OF 5.50 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 2,001 SQUARE FEET OR 0,046 ACRES MORE OR LESS. 40F5 DOC #2020-0129195 Page 7 of 10 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES -R. .. ,... DATED:. 11171.itdl'7 5OF5 jFCKMLES R KAPMRI9o.1oe9 * DOC #2020-0129195 Page 8 of 10 17 16 EXHIBIT "B" RIGHT-OF-WAY APN 680-190-036 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., R.5E., SBM P.&C. r I r R/W AREA 1 N 89'56`50" E AND R/W 20 , 21 AREA 2 so' SEE DETAIL 'Al COR. I SEC. 2�- = _� 40. ON SHEET 2 L9 RAMON ROAD 3z3.11 SEE DETAIL w13171.1 ON SHEET 2 7.P.0.8 \ , rR/W AREA , � Lq NJ z l GA01 I J 41 r Q �i I ,t 01-Z i co r N ca o M � woM-o N` NE COP LY UNE. PAR, D, PAR. D s `r p PARCEL I I3 a 2 g I -.1 0 in I�zNN0 QP I 13I""2 3/W AREA 1 1,339 SO. FT. 0.031 AC. a CU dW U � W C CA otnoI �tOr:rn I r- �pol V) w �La Nz a W IZ 41� w o a- w I ` mI 5'S I u. o C"z SEE LINE AND CURVE TABLES SHEET 2 �-` c Cs CL oomw J G. (tea 1 II I a I !bo 1 a I N 78'32'09" W R/W AREA 2 1in Ln 2.001 50. FT. 3 0,046 AC. owl os�l ^a o1 Z N �L14 Q40' PUE PER INST. NO. 5822 REC. 1/9/1980, O.R. ©50' SCE ESMf. PER INST, NO, 149524 REC. 8/3/1977, O.R. 2LCOUNTY OF RIVERSIDE TCE PER INST. NO. 112978 REC, 06/17/1981. O.R. I — I j 0' 60' 120' j T.P.O. & 4191 R/W AREA 2 SCALE 1'-60' DATED: Z D ! 7 MSA CoNSuum, INC. PLM4NMG ■ CIM ENGRO ErM0 ID LAND &MWYMIG J.N. 1963 SHEET 1 OF 2 DOC #2020-0129195 Page 9 of 10 R/W AREA 2 2,001 SQ. Fr. 0.046 AC. EXHIBIT "B° RIGHT-OF-WAY APN 680-190-036 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., R.SE., SBM RAMON ROAD VN EXIST. S'LY R/W AREA 1 i,339 SQ. Fr. R/W LINE LS 0.031 AC. L13 L17 N 69'01'54 W L11 75 L� 8 L7 _' C1'� L5 1 S 01'21'26" E R DETAIL "A" NOT TO SCALE. LINE DATA NO. BEARING LENGTH Ll S 00' 16 00 E 63.00 L2 S 89'55 5D W 61.04 L3 5 68'54' 16" W 26.15 L4 S 00'00 00 W 2.02 L5 S 89.55"1 W 22.66 L6 N 00-64'1 Ow W 2.00 L7 S 89'55 50 W 28.67 L8 N 70'32 5i W 27.17 L9 N 89'55 50 E 89.79 L10 S 00"0410 E 5.00 L11 N 89'55 50 E 25.00 L12 N 00'0410" W 5.00 L13 N BW55'50" E 28.99 L14 S 89'59 42 E 23.00 L15 N 66'06'2711E 21.88 L16 S 34 46 27 W 12.27 L17 S 89'55 50 W 6.55 L 8 S 28' 10 38 E 12.12 L19 N 89'59 42 W 5.50 DETAIL "B" NOT TO SCALE CURVE DATA NO. DELTA RADIUS LENGTH C1 19'4418" 59.33 20.44 C2 19' 31 19 59.33 20.22 C3 03'38 22 43.67 2.77 C4 11'27 33 150.50 30.10 5 11'2733 150.50 30.10 C6 20'4315 29.50 10.67 C7 11'27 33 156.00 31.20 C8 E11'27 33" 145.00 29.00 MSA CoNsuv ING, INc. PLANNmo a CrvfL ENamE xG 4,D LArm SvxvEqum J.N. 1963 SHEET 2 OF 2 DOC #2020-0129195 Page 10 of 10 _ ip . of Palm Sp- rim. � Office of the City Clerk 3200 E. Tahquitz Canyvn Way - Palm Springs, California 92262 Tel: 760323.8204 • Pax: 760.322.8332 - TDD 760.864.9527 - www.palmspringqcti.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Dated: From: GRANT DEED March 13, 2020 Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation 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 0-11%day of M20" c\. , 2020, 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 J C14" day of. Mar!LL \ , 2020. a Nsm r�wp_lrr;�- Commonwealth Land T i[le (,',-,-_,any RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code §6103 TTX: $0.00 TRA: 019-052 APN: 680-190-036 SPACE GRANT DEED (RAMON ROAD) DOC # 2020-0129195 03/20/2020 09:40 AM Fees: $0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: MARIA #309 LINE FOR RECO For a valuable consideration, receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter "Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. GRANTOR: Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation Dated: `3 �� ' 2 o Z By: Its: r � =°= , :. Garnik Gevorgyan ecretary z � � oc oo y By: C `) :7-- v Its: Us Kevin Sarkisyan, CEO Cl- w� o C) U F� cam—+ N u.. LL U � Com, monwealth Lard Tlitle .­ .:any RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (RAMON ROAD) APN: 680-190-036 q lvawy For a valuable consideration, receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter "Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. GRANTOR: Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation Dated By: Its: r•. eya r Its: 0 Vv - S Q%z WNS gi- 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 (A County of b S j2 44S On 3 7 - 2 e) before me, A. -�"94NaAoLe Date Name, Titl f Officer personally appeared (r Gf A U ary_ t S DTI^NAME(S) OF SIGNER(S) 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 signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary 45� a 'tiE MICHAELA. GOYENECHE Notary Public - California i Los Angeles County > Commission * 2312832 My Comm. Expires Nov 17, 2C23 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 4e� d MUST BE ATTACHED LC) TO THE DOCUMENT Number of Pages Z DATE of DOCUMENT �� Z DESCRIBED AT RIGHT.- Signer(s) Other Than Named Above EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA 1: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 89055'50" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 323.11 FEET; THENCE SOUTH 00016'00" EAST, A DISTANCE OF 63.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RAMON ROAD; THENCE SOUTH 89055'50" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL D AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 26.15 FEET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°54'16" WEST, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19"44'18", AN ARC DISTANCE OF 20.44 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01 °21'26" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 00000'00" WEST, A DISTANCE OF 2.02 FEET TO A POINT ON A LINE PARALLEL WITH SAID SOUTHERLY RIGHT- OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89°55'50" WEST, A DISTANCE OF 22.66 FEET; 1 OF 5 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION THENCE NORTH 00004'10" WEST, A DISTANCE OF 2.00 FEET TO A POINT ON A LINE PARALLEL WITH SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89-55-50" WEST, A DISTANCE OF 28.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19031'19", AN ARC DISTANCE OF 20.22 FEET; THENCE NORTH 70032'51" WEST, A DISTANCE OF 27.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 43.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0303822", AN ARC DISTANCE OF 2.77 FEET TO A POINT THE NORTHERLY LINE OF SAID PARCEL D SAID POINT ALSO BEING ON SAID SOUTHERLY RIGHT -WAY -LINE OF RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 15°48'47" EAST; THENCE ALONG SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT -OF- WAY LINE THROUGH THE FOLLOWING FIVE (5) COURSES: (1) THENCE NON -TANGENT TO LAST SAID CURVE NORTH 89°55'50" EAST, A DISTANCE OF 89.79 FEET; (2) THENCE SOUTH 00°04'10" EAST, A DISTANCE OF 5.00 FEET; (3) THENCE NORTH 89°55'50" EAST, A DISTANCE OF 25.00 FEET; (4) THENCE NORTH 00-04-10" WEST, A DISTANCE OF 5.00 FEET; (5) THENCE NORTH 89°55'50" EAST, A DISTANCE OF 28.99 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 1,339 SQUARE FEET OR 0.031 ACRES MORE OR LESS. 20F5 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA 2: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE SOUTH 00000-18" EAST, ALONG THE WESTERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF SAID LANDAU BOULEVARD A DISTANCE OF 429.40 FEET; THENCE SOUTH 89°59'42" EAST, A DISTANCE OF 23.00 FEET TO THE WESTERLY LINE OF SAID PARCEL D, SAID POINT ALSO BEING ON THE EASTERLY RIGHT- OF-WAY LINE SAID LANDAU BOULEVARD AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY AND NORTHERLY LINES OF SAID PARCEL D AND SAID EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD THROUGH THE FOLLOWING FIVE (5) COURSES: (1) THENCE NORTH 00"00'18" EAST, A DISTANCE OF 151.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 150.50 FEET; (2) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °27'33", AN ARC DISTANCE OF 30.10 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 150.50 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 78°32'09" EAST; (3) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°27'33", AN ARC DISTANCE OF 30.10 FEET; (4) THENCE NORTH 00-00-18" EAST, A DISTANCE OF 140.09 FEET; (5) THENCE NORTH 66°06'27" EAST, A DISTANCE OF 21.88 FEET; 3OF5 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION THENCE SOUTH 34046'27" WEST, A DISTANCE OF 12.27 FEET; THENCE SOUTH 89055'50" WEST, A DISTANCE OF 6.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 29.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69-01-54" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20043'15", AN ARC DISTANCE OF 10.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89°45'09" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 28°10'38" EAST, A DISTANCE OF 2.12 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 5.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; THENCE ALONG SAID PARALLEL THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 156.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 "27'33", AN ARC DISTANCE OF 31.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78°32'09" WEST; (3) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11027'33", AN ARC DISTANCE OF 29.00 FEET; (4) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 151.38 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 89°59'42" WEST, A DISTANCE OF 5.50 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 2,001 SQUARE FEET OR 0.046 ACRES MORE OR LESS. 40F5 EXHIBIT $'A$' LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS P.L.S. 4989 DATED: // % Zat 7 5OF5 CHARLES R HARM No.4999 17 16 EXHIBIT vBv RIGHT-OF-WAY APN 680-190-036 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., R.5E., SBM IP.O.C. — — R/W AREA 1 r l N 89'S5'S0" E AND R/W 2 21 AREA 2 50, i I S I SEE DETAIL 'A' coR. 4� SEC. 2 � == = � 40, ON SHEET 2 J RAMON ROAD 323.11 SEE DETAIL 'B' 1 ON SHEET 2 _I P.O.B. JI R/W AREA t--=1 Li `l13 L2 gLn Z p t0 0 Qvon ta I' !Z 0 � 0MpM 7 0 8 I Wco0 M O n� z v g, z cv o a PARCEL P 3 m 15.5' V O U Ln p U �5^0 � 3 0 W W m 1 8 �L14 T.P.O.B. R/W AREA 2 rpn I04 o II I�-J�0� I C.)ooOja O�WEx I IaQ'W°' U Q � a 3 Q W i-R/W AREA 2 2,001 SQ. FT. 0.046 AC. N' NE COS LY UNE, PAR. D, PAR. D VW AREA 1 1,339 SQ. FT. 0.031 AC. a � U O W �a W C wcn O'n 0 1 o i in N \ Q �\ Z N O T Q Z 0 W Lu �a W SEE LINE AND CURVE TABLES SHEET 2 1Q40' PUE PER INST. NO. 5822 REC. 1/9/1980, O.R. ®50' SCE ESMT. PER INST. NO. 149524 REC. 8/3/1977, O.R. ©COUNTY OF RNERSIDE TCE PER INST. NO. 112978 REC. 06/17/1981, O.R. Iq 0' 60, 120' tt 91 SCALE 1 "-60' �• No% 4989 OF CAVFCK' DATED: 7 Z G / 7 IDMSA CONSULTING, INC. PLANNING ■ Chit. ENGINEERING LAND SURVEYING J.N. 1963 SHEET 1 OF 2 EXHIBIT Tu RIGHT-OF-WAY APN 680-190-036 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., R.SE., SBM R/W AREA 2 RAMON ROAD 2,0 1 . FT �.�6 EXIST. S'LY W AREA 1 / 1,339 SQ. FT. G I v R/W LINE 0.031 AC. I L9 L13 Q L17 J W= N 169-01-54 W L11 J 3 V o0D � a L� 8 ^ L5 ' 1 � 5 01'21'26" E 0 I + R Z N BW45'09" W J R DETAIL 'A• DETAIL 'B' NOT TO SCALE NOT TO SCALE PROJECT NAME: RAMON ROAD MSA CONSULTING, INC. CITY PROJECT RA N ROAD PLANNING • CIVIL ENGINEERING LAND SURVEYING IS PLAT IS AN AID IN LOCATING THE PARCEL(S) S DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1 963 SHEET 2 OF 2 LINE DATA N0. BEARING LENGTH L1 S 00' 16 00 E 63.00 L2 S 89'55 50 W 61.04 L3 S 68' 54 i 6 W 26. i 5 L4 S 00'00 00 W 2.02 L5 S 89'55 50 W 22.66 L6 N 00'0410 W 2.00 L7 S 89'S5 SO W 28.67 L8 N 70'32 51 W 27.17 L9 N 89'55 50 E 89.79 L10 S 0d'0410 E 5.00 L11 N 89'S5 50 E 25.00 L12 N 00'0410 W 5.00 L13 N 89'55 50 E 28.99 L14 S 89'59 42' E 23.00 L15 N 66'06 27 E 21.88 L1 fi S 34 46 27 W 12.27 L17 S 89'55 50 W 6.55 L18 S 28' 10 38 E 2.12 L19 N 89'59 42 W 5.50 CURVE DATA N0. DELTA RADIUS LENGTH Cl 19'4418 59.33 20.44 C2 i9'3119 59.33 20.22 C3 03'38 22 43.67 2.77 C4 i 1'27 33 150.50 30. i 0' C5 11'27 33 150.50' 30.10 C6 2d'4315 29.50 10.67 C7 11'27 33 156.00 31.20' C8 11'27 33 145.00 29.00 City oPalm f Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Dated: From: GRANT DEED March 13, 2020 Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation 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 lq*4day of N1 J cam, , 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 18t' 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 1 CA41 dayof MarLk,\ , 2020. iy � c v a °yo.a%* * C441FORN�P 7 Ii i irr► BOE•502.A(Pt)REV. 13 (0e-17) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyatl pdor to a transfer of subject property, In accordance with Secdon 48e.3 of the Revenue and Taxation Code. A Prerm4rary Change of Ownership Report must be filed with each conveyance In the County Recorder's office for the county where the property is located. FOR ASSESSORS USE ONLY City of Palm Springs, a California charter city and municipal ASSESSOR'S PARCEL NUMOER corporation 680-190-036 SELLERIrRANSFEROR Ramon Tower Business Park, Inc., a California mutual benefit non-profit corooration 68031-6B051 Ramon Road, Cathedral City, CA 92234 ❑ YES .0'NO This property Is Intended as my principal residence. If YES, please Indicate the date of occupancy MO DAY YEAR ✓ or Intended occupancy, ❑ YES .lJ NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at IM by the Department of Veterans Affairs? MAiL PROPERTY TAX INFORMATION TO (NAME) MAiL PROPERTY TAX INFORMATION TO (ADDRESS) I CITY STATE I ZIPCODE PART is TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for cerleln lypes of transfers. YES NO ❑ 0 A. This transfer Is solely between spouses (addition orramovat of a spouse, death of a spouse, divorce sefflement etc.). ❑ 111 S. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, temrinatlon saftment etc.), ❑ O • C. This is a transfer. O between parent(s) and dtfid(ren) 0 from gmndpamnt(s) to grandchild(ren). ❑ • D. This transfer Is the result of a cotenant's death, Dale of death ❑ • E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? 0 YES ❑ NO ❑ ❑ " F. This transaction Is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Wthin the same county? E3 YES 0 NO ❑ ❑ G. This transaction Is only a correction of the name(s) of the person(s) holding title to the property (e.g,, a name change upon marriage). l It YES, please explain: 17 Cl H. The recorded document creates, terminates, or recomreys a lender's Interest in the property. D 1. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security Interest (e.g„ cosigner). If YES, please explain: E3 J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document. K. This is a transfer of property: ❑ 1. tolfrom a revocable trust that may be revoked by the transferor and Is for the benefit of (3 the transferor, and/or ❑ the transferors spouse O registered domestic partner. ❑ p 2. to/from an Irrevocable trust for the benefit of the 0 creator/grantordnrstor and/or O grantorsArustoes spouse O granlors/trustors registered domestic partner. ❑ L. This property Is subject to a lease with a remaining tease term of 35 years or more including written options. ❑ M. This Is a transfer between parties in which proportional Inlerests of the transferors) and transferee(s) in each and every parcel being transferred remain exactly the some after the transfer. ❑ N This is a transfer subject to subsidized low-income housing requirements with governmentally Imposed restrictions, or restrictions Imposed by specified nonprord corporations. ❑ • 0. This transfer is to the first purchaser of a new building containing an active solar energy systefq. M' O P. Other. This transfer is to • Please refer to the instructions for Part 1 Please provide any other Information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION SFRM0017 (DSI Rev.12/20117) nOE-502-A (P2) REV. 13 (0647) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Dale of transfer, if other than recording date: B. Type of Transfer ,121Purchase O Foreclosure D Glit D Trade or exchange ❑ Merger, stock, or partnership acquisition (Form SOE-100•13) O Contract of sale Date of contract: O Inheritance, Date of death: ❑ Salelleaseback D Creation of a lease (3 Assignment of a lease O Termination of a lease. Date lease began Original term in years (indudhrg written options). Remaining term to years (including wrrlien options) ❑ Other. Please explain C. Only a partial Interest in Vie properly was transferred, O YES ❑ NO If YES, Indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price. �2 B. Cash down payment or value of trade or exchange excluding dosing costs Amount $ 1140. -1 —t C. First deed of trust @ % Interest for years. Monthly payment $ Amount $ ❑ FHA l wvca Paws) 17 Cal -Vet ❑ VA ( oisca„n Pits) ❑ Fixed rate O Variable rate ❑ Bank/Savings & Loan/Credk Union O Loan carried by seller ❑ Balloon payment $ Due date: D. Second deed of trust ® % Interest for years. Monthly payment $ Amount $ �'- D Fixed rate O Variable rate ❑ BarWSavings & Loan/Credlt Union O Loan carried by seller O Balloon payment $ Due dale: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ F. Amount, If any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The properly was purchased: O Through real estate broker. Broker name: Phone number ( y AemDirect from seller O From a family member -Relationship ❑ Other. Please explain- H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other Information (e.g., buyer assumed the existing loan balance) that would assist the Assessor In the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ❑ Single-family residence ❑ Co-oplOwn-your-own ❑ Manufactured home O Multiple -family residence. Number of units: ❑ Condominium ❑ Unimproved lot O Other. Description: (i.e.. Umber, mineral, water rights, eta) ❑ Timeshare Ja"bommerclaUlndustFlal B. Ci YES eNNO Personalibustrness property, or Incentives, provided by seller to buyer are Included In the purchase price. Examples of personal properly are furniture, farm equipment, machinery, eta Examples of incentives are club memberships, elk. Attach Ust N avallable. If YES, enter the value of the personal/business property: $ Incentives $ C. ❑ YES B'�O A manufactured honor Is Included in the purchase price. If YES, enter the value attributed to the manufactured home: $ O YES Q RO' The manufactured home Is subject to local property tax. If NO, enter decal number D. O YES_dNO The property produces rental or other income. If YES, the income Is from: ❑ Lease/rent ❑ Contract D Mineral rights ❑ Other: E. The condition of the property at the Hme of sale was: ❑ Good .B'Avomgo ❑ Fair ❑ Poor Please describe: CERTIFICATION I certify (ordedare) that the foregoing and all Information hereon, including any accompanying statements or documents, is titre and correct to the best ofmy knowledde and belief n �t _ TWAbsessor's tfflce may contort you for additional Information regarding this transaction. SFRM0017 (DSI Rev. 12/20/17) OF NrV ,���'�F PETER ALDANA Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 R, ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 N Website: www.riversideaer.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. 680 --190 --036 I declare that the documentary transfer tax for this Property Address: Vacant Land, CathedralsitVCA 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 FROMDOCUMENTARY TRANSFER TAX BECA USE. (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other". 1. 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. 2. Section 11911. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary. 3. Section 11921. The conveyance was given to secure a debt. 4. x Section 11922. The conveyance is to a governmental entity or political subdivision. 5. 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. 6. 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. 7. 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 exemption. This form may be used for that purpose.) 8. Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be 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. 9. Section 8. The easement is perpetual, permanent, or for life. 10. Section 9. The document is a lease for a term of JgILthan (35) years (including written options.) 11. Other (Include explanation and legal authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TR UE AND CORRECT. Exe d this 19 day of March 12020 at Newport Beach, CA r, ff AN/ ICity State early Beard Signature of Afii Prin�Name of Affiant 4100 Newport PI Dr Suite 120. NR CA 92660 Name of Firm (if applicable) Address of Affiant (including City, State, and Zip Code) For Recorder's Use: 949-724-3159 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. 11/2014) Available in Alternate Formats RECORDING REQUESTED BY City of Palm Springs WHEN: RECORDEII RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (RAMON ROAD) APN: 680-190-031 For a valuable consideration, receipt of which is hereby acknowledged, EIGHTEEN SAC SELF -STORAGE CORPORATION, A NEVADA CORPORATION, (hereinafter "Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Dated: I 2' / 2 GRANTOR: EIGHTEEN SAC SELF -STORAGE CORPORATION, n''Al ADA CORPORATION By:'>l,,.r— Itsu 'f By: Its: ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies oniv tho idoiiiity 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 A 2 (Lc11t1/g County of M W2t,CIJPA On 1 I2j ILj before me, 16yl/U L) 1 IL 6e( , ZVVIAZZ �o Date Name, Title of Officer personally appeared 1y4_14,atzA Al Acey NAME(S) OF SIGNER(S) 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 signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. KEVIN o NOEL L tNL fT�r Notary Public - Arizona Maricopa County commission # 546632 My Comm. Expires Jun 6, 2022 Sign a of Notary 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 MUST BE ATTACHED fj TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Exhibit "A" LEGAL DESCRIPTION OF THE AREA EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP. MIGHT -OF -WAY DEDICATION RIGHT-OF-WAY AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL 1 OF LAND DESCRIBED IN GRANT DEED, RECORDED DECEMBER 31, 2001 AS DOCUMENT NO. 2001-652970, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 89055'50" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF RAMON ROAD A DISTANCE OF 323.11 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00016'00" EAST, A DISTANCE OF 55.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD; THENCE NORTH 89"55'50" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND SAID SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD A DISTANCE OF 138.67 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 88035'02" WEST, A DISTANCE OF 138.70 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1; THENCE NORTH 00016'00" WEST, ALONG SAID WESTERLY LINE A DISTANCE OF 3.26 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 226 SQUARE FEET OR 0.005 ACRES MORE OR LESS. 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP. RIGHT -or -WAY DEDICATION - AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS DATED: P.L.S. 4989 2OF2 CHARLES R. HARMS ^ No.4950 S,y� Exhibit "B" DEPICTION OF THE AREA EXHIBIT "B" RIGHT-OF-WAY P.O.C. APN 880-180-031 EIGHTEEN SAC SELF STORAGE CORP. NW coy:- SEC. 21, T.4S., R.5E., S81 SEC. 21 17 16 - — L1 20 21 ' 1 I T.P.0.8. I R/W AREA I W NW COR. J PAR. O m 3/W AREA 226 SO. FT. 0' 60, 120' SCALE 1 "=60' RAMON ROAD N'LY SEC. LINE �C/L SCE ESMT PER BOOK 564 PAGE 224 REC. 01/15/1923, O.R. S'LY R/W LINE W I 0 NY LINE OF PARCEL 1 p OI PARCEL i EIGHTEEN SAC SELF STORAGE CORP. PER DOC. # 2001-652970 REC. 12/31 /2001, O.R. APN: 680-190-031 LINE DATA NO, BEARING LENGTH L1 N 89'55'50" E 323.11' L2 S 00'16'00" E 55.00 L3 N 89'35 50 E 138.67 L4 S 88'35'02" W 138.70' L5 I N 00'16'00" W 3,26 W J Z U 30' DATED: 111712-0/ 7 MSA CONSULnNG, INC. PLANNING • Crva. ENGINEERING LAND SUR.vEYmG J.N. 1963 SHEET 1 OF r 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 GRANT DEED 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: 680-190-031 dated: January 29, 2019 from, EIGHTEEN SAC SELF -STORAGE CORPORATION, A NEVADA CORPORATION 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 2"d day of May, 2019, 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 2"d day of May, 2019. ANTHONY J. MEJIA, MMC City Clerk, City of Palm Springs TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Ramon Road Widening Project Federal Proiect No. BHLS-5282(040) APN(s): 680-190-036 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made this day of , 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", Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, 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 Cathedral City, (the "City"), the County of Riverside, (the "County"), State of California, (the "State"), which is identified by Assessor Parcel Number(s) 680-190-036, (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 Cathedral City, Riverside County, State of California, described as Assessor's Parcel Number(s) 680-190-036 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Temporary Construction Easement Agreement Page 1 of 5 Construction Easement") associated with the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), ("Project'). 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 21,475 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 30, 2019 or the close of escrow controlling this transaction, whichever occurs first, and the amount shown in Section 14 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 June 30, 2024. 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 Grantors 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. Grantee, or Grantee's Contractors, will relocate, if necessary, the sign located within the Temporary Construction Easement to a mutually agreed upon location. Grantee agrees to relocate sign at their expense. 7. 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 Temporary Construction Easement Agreement Page 2 of 5 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: Ramon Tower Business Park, Inc Attn. Kevin Sarkisyan 1241 S. Glendale Ave, Suite 302 Glendale, CA 91205 8. 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. 9. 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. 10, 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.. 11. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. 12. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 13. 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 Temporary Construction Easement Agreement Page 3 of 5 jointly and severally liable thereunder in accordance with Civil Code Section 1468. 14. City shall pay to Grantor the total sum of One Hundred Seven Thousand Three Hundred Seventy -Five dollars and no cents ($107,375.00), (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 14. related to the granting of the easement as specified in the paragraph 1 above, [SIGNATURE PAGE FOLLOWS] Initials: Grantor: r' • 5. Grantee: Temporary Construction Easement Agreement Page 4 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 k A By. —,�'i� "y David H. Ready, City ger ATTEST: By: A�'i" D hony Me 'a, APPROVED AS TO FORM: By: ZFeel City Attorney jai rFd APPROVED BY CITY COUNCIL � M�fq Exhibit List GRANTOR: Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporati By: Ga i yan,Secr-t+aC- Its:miapa By: Kevin Sarkisyan , rc s : c� e M �- Its: F' VI S. Exhibit A -- Legal Description of the Easement Area Exhibit B -- Depiction of Easement Area Temporary Construction Easement Agreement Page 5 of 5 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "A" EXHIBIT "A'! LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D OF LAND DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 89055-50" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF RAMON ROAD A DISTANCE OF 323.11 FEET; THENCE SOUTH 00"16'00" EAST, A DISTANCE OF 63.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°55'50" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL D AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 61.04 FEET; THENCE SOUTH 68054-16" WEST, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19044'18", AN ARC DISTANCE OF 20.44 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01 °21'26" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 00°00'00" WEST, A DISTANCE OF 2.02 FEET; THENCE SOUTH 8905550" WEST, A DISTANCE OF 22.66 FEET; THENCE NORTH 00004-10" WEST, A DISTANCE OF 2.00 FEET; 1 OF 4 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT THENCE SOUTH 89055'50" WEST, A DISTANCE OF 28.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19"31'19", AN ARC DISTANCE OF 20.22 FEET; THENCE NORTH 70032-51" WEST, A DISTANCE OF 27.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 43.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03"38'22", AN ARC DISTANCE OF 2.77 FEET TO THE NORTHERLY LINE OF SAID PARCEL D AND THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 15-48-47" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 89°55'50" WEST, ALONG SAID NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 55.26 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE SOUTH 66°06'27" WEST, A DISTANCE OF 15.69 FEET; THENCE LEAVING NORTHERLY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE SOUTH 34046'27" WEST, A DISTANCE OF 12.27 FEET; THENCE SOUTH 89"55'50" WEST, A DISTANCE OF 6.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 29.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69-01-54" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20043'15", AN ARC DISTANCE OF 10.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89"45'09" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 28010'38" EAST, A DISTANCE OF 2.12 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 5.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; 20F4 EXHIBIT "A" LEGAL DESCRIPTION APN 660-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT THENCE ALONG SAID PARALLEL LINE THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 156.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11-27-33", AN ARC DISTANCE OF 31.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78032'09" WEST; (3) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11-27-33", AN ARC DISTANCE OF 29.00 FEET; (4) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 151.38 FEET; THENCE LEAVING SAID PARALLEL NORTH 8905942" WEST, A DISTANCE OF 5.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; THENCE SOUTH 00000-18" WEST, ALONG SAID WESTERLY LINE AND SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.59 FEET; THENCE SOUTH 89"59-42" EAST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00000-19" EAST, A DISTANCE OF 20.59 FEET; THENCE NORTH 90"00'00" EAST, A DISTANCE OF 17.00 FEET; THENCE NORTH 00000'18" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 90000'00" WEST, A DISTANCE OF 17.00 FEET; THENCE NORTH 00°00'19" EAST, A DISTANCE OF 259.48 FEET; THENCE NORTH 89055-50" EAST, A DISTANCE OF 260.59 FEET; THENCE NORTH 00016-00" WEST, A DISTANCE OF 37.00 FEET, TO THE TRUE POINT OF BEGINNING; 3OF4 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK TEMPORARY CONSTRUCTION EASEMENT SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 21,475 SQUARE FEET OR 0.493 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: DATED: 40F4 ICHARLES a HAMS No. 4999 1 �1&110p �COZ� Exhibit "B" DEPICTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "B" EXHIBIT '►B" TEMPORARY CONSTRUCTION EASEMENT APN 680-190-036 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., R.5E., SBM 17 y� - RAMON ROAD _ P.Q.C. i N 89'55'50" E 323.11' NW COR. z 5 SEE DETAIL `A` SEE DETAIL "13-1, SEC 21 20:1 0 ON SHEET 2 �, ON SHEET 2 4�I : N 5'48'47"E t° I C3 J L2 11- C2 L7 L5 T.P.O.B. 1 TCE AREA L NE COR. I 3 PAR. D N 89'55'50" E 260,59' o CC Q. � �o W ._Q �0 PARCEL MAP NO. 30704 o n PM B 212/4--7 ; M a - Q (3 � .. TCE AREA PARCEL D s � z j 21,475 SO. FT, LLA NO. 2016-484 p g w a 1 I J f 0.493 AC. w SEE LINE AND CURVE TABLES SHEET 2 a N w x Q40' PUE PER INST. NO. 5822 REC. 1/9/1980, Q.R. 7W32 09"W o 50' SCE ESMT, PER INST. NO. R o w tb to o 149524 REC. 8/3/1977, O.R. I t`°i Uj o tnoo � of COUNTY OF RIVERSIDE TCE z K N 1 o 0 A PER INST. NO. 112978 REC. i a !2 N 06/17/1981, O.R. mzo,*-,I z; a g Nam\ m 4 R/W PER SEPARATE DOCUMENT � w z co 0 LAND, a ram' N ¢ oawa .�. E LiL2)2 R. 0 4 No. J Lp 3 a j I 0. 60 120 OF CAu n SCALE 1"=60' DATED: J L20 TEMPORARY CONSTRUCTION EASEMENT 23' L18, PROJECT NAME: RAMON ROAD Ms ONSUL.TING, INC. PLANNING d QVIL ENGMEPING CITY PROJECT NO. 08-25 LAND SURVEYING IS PLAT IS AN AID 1N LOCATING THE PARCEL(S) DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 2 EXHIBIT "B„ TEMPORARY CONSTRUCTION EASEMENT APN 680-190-036 RAMON TOWER BUSINESS PARK RAMON ROAD SEC. 21, T.4S., R.5E., S8M A I mil/ L7 c� T AREA 210,75 S 93 AC. L13 W J W z DETAIL 'A' NOT TO SCALE LINE DATA NO. BEARING LENGTH L1 S 00'16 00 w E 63760 L2 S 89'55 50 W 61.04 L3 S 68'5416 W 26.15 L4 S 00'00 00 W 2.02 L5 S 89'55 50 W 22.66 L6 N 00'0410" W 2.00' L7 S 89'55 50H W 2B.67 L8 N 70.32 51 W 27'.17 L9 S 89'S5 50 W 55.26 L10 IS 6G06 27" W 15.69 Lit S 3448 27 W 12.27 L12 S 89'55 50" W 6.55' L13 Is 28.10 38" E 2.12 L14 S 00.0018 W 126.56 L15 IS OO'00 18 W 151.38 L16 N 89'59 42" W 5.50 L17 S 60'0018 W 20.59 L18 S 89'59'42 E 40.00 L19 N 00'00'19 E 20,59 L20 N 90'00'00" E 17.00 L21 N 00'00 18" E 70.00' L22 19-00`16,00 N 90'00 00 w 17.00 L.23 W 37.a0 RAMON ROAD EXIST. STY R/W LINE L6 L 01.21'2s" E rL7/TCE AREs 1� 493 AC. / DETAIL 'B' NOT TO SCALE CURVE DATA NO. DELTA RADIUS LENGTH Ci 194418 59.33' 20.44 C2 19,3119 59,33, 20.22' C3 03.38 22" 43.67 2.77' C4 2T4315 29.50 10,67 C5 11.27 33 156.00' 31.20 C6 11'27 33 145,00 . 29.00 TEMPORARY CONSTRUCTION EASEMENT MSA CONsuLTiNo, INC PLANNING a CI ML ENGINEERING ID LAND SURVEYING J.N. 1963 SHEET 2 OF 2 Uffisj 19, 10s T,41*0 X: ITAcIM 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 ) ss. COUNTY OF Las no e-s ) On December JL.a018 , before me, Sabah Keswsh�a Notary Public, `'^ personally appeared aapnaK GP—)mm ckn. & P_Yip a _ iS n , who proved to me on the basis of satisfactbl evidence to be the pern(s) whose name(s) id/are subscribed to the within instrument and acknowledged to me that A/fie/they executed the same in hibl/b&ltheir authorized capacity(ies), and that by /hjf/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 fficial seal. Signature My Commission Expires: MQr-CV) This area for official notarial seal SAHAK K SHISP N COMM. #2235982 z arc m Notary Public • California p z . Los Angeles County Comm. Ex fires Mar. 26, 2022 Temporary Construction Easement Agreement Project: Ramon Road Widening Project Project No.: Federal Project No. BHLS 5282 (040), APN: 680-190-036 RIGHT OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS, (the "Agreement"), is made and entered into as of , 20_, by and between the City of Palm Springs, a California charter City and municipal corporation, ("Buyer"), and Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, ("Seller"), with references to the following facts. Buyer and Seller are individually referred to as "Party," and collectively referred to as the "Parties". RECITALS A. Seller is the owner of certain real property located in the City of Cathedral City, (the "City"), the County of Riverside, (the "County"), State of California, (the "State"), which is identified by Assessor Parcel Number(s) 680-190-036, (referred to as the "Property"). B. Buyer desires to acquire from Seller a portion of the Property, more particularly described and depicted on Exhibits A-1 and B-1 attached hereto, (collectively referred to as the "Rights -of -Way"), for various public purposes including street rights -of - way and public utilities. C. Seller desires to convey to Buyer, and Buyer desires to acquire from Seller the Rights -of -Way in accordance with the terms and conditions contained in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT PURCHASE AND SALE. 1.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Rights -of -Way. As used herein the "Rights -of -Way" shall include the real property legally described on Exhibit A-1 and depicted on Exhibit B- 1 and all of Seller's right, title and interest in and to any and all entitlements, tenements, Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 1 of 15 hereditaments, easements, easement rights, rights to half -widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. 1.2 Purchase Price. The purchase price, ("Purchase Price"), for the Rights -of - Way shall be Thirty -Three Thousand Four Hundred Dollars and Zero Cents ($33,400.00) payable as cash at closing, plus applicable escrow, associated fees, and other charges. 1.3 Full and Complete Settlement. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Rights -of -Way, specifically including, but not limited to, any and all rights or claims that Seller has, may have or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein Seller, on behalf of itself and its successors and assigns, hereby expressly and unconditionally waives and releases and discharges Buyer and any and all of Buyer's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns from liability in regard to any and all claims for damages, severance damages, interest, loss of goodwill, lost profits, lost rents, damages to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, claims for inverse condemnation, pre -condemnation damages, any right to challenge Buyer's adoption of a resolution of necessity, any right to receive notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation placed upon Buyer pursuant to the Eminent Domain Law, any other rights conferred upon Seller pursuant to the Eminent Domain Law, any claims for litigation expenses, attorney's fees, statutory interest and/or costs or any other compensation or benefits, other than for payment of the Purchase Price, it being understood that the Purchase 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 Rights -of -Way or any other rights granted under this Agreement. 2. ESCROW AND CLOSING. 2.1 Openinq of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow, (the "Escrow"), with Commonwealth Land Title, at the address set forth in Section 7.12, ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 2 of 15 forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2 Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's escrow fees, charges and costs incurred in this transaction. 2.3 Closing Date: Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before June 30, 2019 (the "Closing Date"), unless otherwise extended by mutual agreement. As used in this Agreement, the "Close of Escrow" shall mean the date a Grant Deed as provided in Section 2.4.2(a) hereof ("Grant Deed"), is recorded in the Official Records of the County. 2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Rights -of -Way are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; and (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; and (d) There shall have occurred no material adverse change in the physical condition of the Property (such as those caused by natural disasters) which would render the Rights -of -Way unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for Buyer's planned improvements of the Rights -of --Way; and (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Rights -of -Way, subject only to the Permitted Exceptions; and (f) All monetary encumbrances, if any, shall have been reconveyed and title shall be conveyed free of all monetary encumbrances. Title to the Rights -of -Way shall be conveyed to Buyer free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes except for any non - delinquent taxes for the fiscal year in which this transaction closes which shall be cleared Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 3 of 15 and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. 2.3.2 Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation to sell and convey the Rights -of -Way are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the Party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4 Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed as in a legally sufficient form typically used by Buyer. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant Deed as in the form of Exhibit C-1 attached hereto; and (b) Subject to Section 2.5.1 below, an executed Affidavit of Non - foreign Status in the form of Exhibit D attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 4 of 15 (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the conveyance of the Rights -of -way from Seller to Buyer in accordance with the terms of this Agreement. 2.5 Closinq. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non -foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Rights -of -Way less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Rights -of -Way as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed as in the Office of the County Recorder of the County, (ii) pay any transfer taxes, (iii) instruct the County Recorder to return the Grant Deed as to Buyer, (iv) distribute to Seiler the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Rights -of -Way subject only to the Permitted Exceptions, the Affidavit of Non -foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Taxes and Assessments. Real property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the most recent tax information and such proration shall be final. Said prorations shall be based on a three hundred sixty- five (365) day year. 2.5.4 Title and Possession. Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions. Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 5 of 15 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Commonwealth Land Title (the "Title Company") will furnish Buyer and Seller with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". All monetary encumbrances are hereby deemed Disapproved Exceptions and shall be removed and satisfied at the Close of Escrow. 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Right of Possession. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State (or other agency), including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 1.2 herein are deposited into escrow controlling this transaction. The amount shown in Clause 1.2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 3.4. Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 6 of 15 convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 3.5. Loss or Damage to Improvements. Loss or damage to the Property, including any improvements existing thereon as of the date of this Agreement, by fire or other casualty, occurring prior to the recordation of the Grant Deed as shall be at the risk of Seller. In the event that loss or damage to the Property, or any such improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed as Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller. 4.1.2 Hazardous Substances, Neither Seller nor any third party has used, generated, manufactured, stored or disposed any Hazardous Substances in, at, on, under or about the Property or transported any Hazardous Substance to or from the Property. Additionally, (a) the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on, under or aboutthe Property including, but not limited to, soil or groundwater conditions; (b) the Property has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance; (c) there has been no discharge, migration or release of any Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 7 of 15 Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor has there ever been on or in the Property underground storage tanks or surface impoundments, any asbestos -containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment, and (e) there is not now, nor has there ever been, debris or refuse buried in or under the Property which would adversely affect the development of the Property. Seller hereby assigns to Buyer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Property. As used in this Agreement, the term "Hazardous Substances" shall have the meaning set forth on Exhibit E attached hereto. At any time prior to the Close of Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to ascertain the presence of any Hazardous Substances on, in, under and about the Property. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). 4.1.3 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat, flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1.4 Mechanic's Liens. There are no mechanics', material men's or other claims or liens presently claimed or which will be claimed against the Property for Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 8 of 15 work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow, unless performed by or at the request of Buyer. 4.1.5 Leases/Easements. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.6 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1.7 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Seller in connection with the transaction contemplated Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 9 of 15 herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the otherfrom and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre -condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Sellerwhich might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 10 of 15 payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. MAINTENANCE AND REPAIR, The Seller(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances, and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 8. GENERAL PROVISIONS. 8.1. Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 8.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 8.3. Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated into this Agreement whether or not actually attached. 8.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 8.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 8.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 11 of 15 covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 8.7. Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 8.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 8.9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in anyway liable for any debt of the other. 8.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non -defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 8.11. Assi__ nc nment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 12 of 15 8.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next -day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, 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 Seller, to: Ramon Tower Business Park, Inc. Attn. Kevin Sarkisyan 1241 S. Glendale Ave, Suite 302 Glendale, CA 91205 If to Escrow Holder, to: Grace Kim Commonwealth Land Title 4100 Newport Place Dr Newport Beach CA 92660 Facsimile No.: (714)459-7217 Telephone No.: (949)724-3141 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 8.13. Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 13 of 15 7.14. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBTOR." Seller's Initials 7.15 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. 7.16 Recording. Neither party shall have the right to record this Agreement in the Recorder's Office for Riverside County. [SIGNATURES ON NEXT PAGE] Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 14 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. BUYER: CITY OF PALM SPRINGS, a California charter city and municipal corporation I^ � By: VVVI David H. Ready, City Man ger IV APPROVED AS TO FORM: SELLER: Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, Inn By: Kevin Sarkisyan tp ; e 6 ; of e 'n -- Its: By: 'ity Attorney 5eRrt5 S • 5CL\ A3e4_ Exhibit List Exhibit A-1 -- Legal Description of the Fee Acquisition Exhibit B-1 -- Depiction of Fee Acquisition Exhibit C-1 -- Form of Grant Deed Exhibit D -- Affidavit of Non -foreign Taxpayer Status Exhibit E -- Definition of Hazardous Substances APPROVED BY CITY COUNCIL Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions Page 15 of 15 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 CalikOrhCa County of LOT, On Pecehnb:et. IUN before me, Sah Date Name, Titl f Officer personally appeared & NAME(S) OF SIGNER(S) who proved tome on the basis of satisfactoryry evidence to be the person(s) whose name(s) W/are subscribed to the within instrument and acknowledged to me that W� Wefthey executed the same in hKMr/thelr authorized capacity(ies), and that by his/hef/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witnessmyhand and official seal. �l , Signature of No ry SAHAK KESHISITYAN COMM. #2235982 zz arc m Notary Public - California o z Los Angeles County Comm. Expires Mar. 26, 2022 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 R MUST BE ATTACHED ' * Eiei,-V Ky I As fn TO THE DOCUMENT Number of Pages _L5__ DATE of DOCUMENT r DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ACCEPTANCE BY ESCROW HOLDER: COMMONWEALTH LAND TITLE hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code §18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: COMMONWEALTH LAND TITLE By: Name: Its: Exhibit "A-1" to the Grant Deed LEGAL DESCRIPTION OF THE RIGHT OF WAY Exhibit "A" EXHIBIT "A" LEGAL DESCRIPTION APN 660-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA 1: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE NORTH 89°5550" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 323.11 FEET; THENCE SOUTH 00016'00" EAST, A DISTANCE OF 63.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RAMON ROAD; THENCE SOUTH 89055-50" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL D AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 26.15 FEET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 68054-16" WEST, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19"44'18", AN ARC DISTANCE OF 20.44 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01 021'26" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 00-00-00" WEST, A DISTANCE OF 2.02 FEET TO A POINT ON A LINE PARALLEL WITH SAID SOUTHERLY RIGHT- OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89°55'50" WEST, A DISTANCE OF 22.66 FEET; 1 Ors EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION THENCE NORTH 00"04'10" WEST, A DISTANCE OF 2.00 FEET TO A POINT ON A LINE PARALLEL WITH SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89°55'50" WEST, A DISTANCE OF 28.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 59.33 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19031'19", AN ARC DISTANCE OF 20.22 FEET; THENCE NORTH 70°32'51" WEST, A DISTANCE OF 27.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 43.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0303822", AN ARC DISTANCE OF 2.77 FEET TO A POINT THE NORTHERLY LINE OF SAID PARCEL D SAID POINT ALSO BEING ON SAID SOUTHERLY RIGHT -WAY -LINE OF RAMON ROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 15°48'47' EAST; THENCE ALONG SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT -OF- WAY LINE THROUGH THE FOLLOWING FIVE (5) COURSES: (1) THENCE NON -TANGENT TO LAST SAID CURVE NORTH 89-55-50" EAST, A DISTANCE OF 89.79 FEET; (2) THENCE SOUTH 00°04'10" EAST, A DISTANCE OF 5.00 FEET; (3) THENCE NORTH 89°55'50" EAST, A DISTANCE OF 25.00 FEET; (4) THENCE NORTH 00-04-10" WEST, A DISTANCE OF 5.00 FEET; (5) THENCE NORTH 89"55'50" EAST, A DISTANCE OF 28.99 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 1,339 SQUARE FEET OR 0.031 ACRES MORE OR LESS. 20F5 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA 2: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL D DESCRIBED IN GRANT DEED FOR LOT LINE ADJUSTMENT NO. 2016-484, RECORDED AUGUST 24, 2016 AS DOCUMENT NO. 2016-0363105, OF RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND RAMON ROAD; THENCE SOUTH 00°00'18" EAST, ALONG THE WESTERLY LINE OF SAID SECTION 21 AND THE CENTERLINE OF SAID LANDAU BOULEVARD A DISTANCE OF 429.40 FEET; THENCE SOUTH 89"59'42" EAST, A DISTANCE. OF 23.00 FEET TO THE WESTERLY LINE OF SAID PARCEL D, SAID POINT ALSO BEING ON THE EASTERLY RIGHT- OF-WAY LINE SAID LANDAU BOULEVARD AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY AND NORTHERLY LINES OF SAID PARCEL D AND SAID EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD THROUGH THE FOLLOWING FIVE (5) COURSES: (1) THENCE NORTH 00"00'18" EAST, A DISTANCE OF 151.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 150.50 FEET; (2) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °27'33", AN ARC DISTANCE OF 30.10 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 150.50 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 78°32'09" EAST; (3) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °27'33", AN ARC DISTANCE OF 30.10 FEET; (4) THENCE NORTH 00`00-18" EAST, A DISTANCE OF 140.09 FEET; (5) THENCE NORTH 66°06'27" EAST, A DISTANCE OF 21.88 FEET; 3OF5 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-OF-WAY DEDICATION THENCE SOUTH 34046'27" WEST, A DISTANCE OF 12.27 FEET; THENCE SOUTH 89"55'50" WEST, A DISTANCE OF 6.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 29.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69001'54" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°43'15", AN ARC DISTANCE OF 10.67 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89°45'09" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 28°10'38" EAST, A DISTANCE OF 2.12 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 5.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL D AND THE EASTERLY RIGHT-OF-WAY LINE OF LANDAU BOULEVARD; THENCE ALONG SAID PARALLEL THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 156.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °27'33", AN ARC DISTANCE OF 31.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 78"32'09" WEST; (3) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 027'33", AN ARC DISTANCE OF 29.00 FEET; (4) THENCE SOUTH 00°00'18" WEST, A DISTANCE OF 151.38 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 89°5942" WEST, A DISTANCE OF 6.60 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 2,001 SQUARE FEET OR 0.046 ACRES MORE OR LESS. 4 OF 5 EXHIBIT "A" LEGAL DESCRIPTION APN 680-190-036 RAMON TOWER BUSINESS PARK RIGHT-®F-WAY DEDICATION AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: DATED: 7 ZGi 7 5OF5 GHARLES R. HARR18 No, 4888 OF c Exhibit "B-1" to the Grant Deed DEPICTION OF THE RIGHT OF WAY Exhibit "B" EXHIBIT IFBIF RIGHT-OF-WAY APN 680-190-038 RAMON TOWER BUSINESS PARK 17 16 SEC. 21, T.4S., R.SE., SBM IRAMON ROAD P G R/W AREA 1 r I V N 89'55'50" E 323.11'I-- AND R/W 20 21 AREA 2 50' I SEE DETAIL 4Av NW COR. � 2 1 SEC. 21--':-- 40,�1 ON SHEET 2 J SEE DETAIL ON SHEET 2 �I T.P.0.B. 'J1 R/W AREA I L9 L11 \L13 L2 I � o L � I o > g z � W I N I IRV I I w 0 eye- CL ILLr ODI Ln 0M I I ZZNO�� �o'o pp° o 0 p z � I � P 113-j I55' I Do� N' NE COR LY LINE. PAR. D, PAR. D \-R/W AREA 1 1.339 SO. FT. 0.031 AC. PARCEL 0U O W U a W O auoI ,a o 0► boo I N N�00 to a §°m z N O N n z0 Q 4Jui U � w I °.-° . O L6 o o z SEE LINE AND CURVE TABLES SHEET 2 o '� `� oQ�a. I 1 b ow I oomwa I2J4.� CZ0 ar J^� I I N maw W R �I 1I R/W AREA 2 { I2,001 SQ. FT. I 0.046 AC. z I w 31 U a I CI m Ico gg�l of I Q l• I a V) ' I 114 1 Q40' PUE PER INST. NO. 5822 REC. 1/9/1980, O.R. 50' SCE ESMT. PER INST. NO. 2 149524 REC. 8/3/1977, O.R. 33 ACOUNTY OF RIVERSIDE TCE PER INST. NO. 112978 REC. 06/17/1981, O.R. f- I I 0' 60' 120' 1 T.P.0.8. 1�19 R/W AREA 2 SCALE 1"-60' ov kQ� OF CA�F� DATED: 111719 Of -7 IDMSA CONSULTING, INN. PLANNING n CpnL ENC mEmo LAND SURvEyi c; J.N. 1963 SHEET 1 OF 2 R/W AREA 2 2,001 SQ. FT. 0.046 AC. C O N 89'45'09 7RY_ a EXHIBIT "B" RIGHT-OF-WAY APN 680-190-036 RAMON TOWER BUSINESS PARK SEC. 21, T.4S., R.5E., SBM RAMON ROAD R/W AREA 1 *Nl R/W L1NEY 1,339 SQ. FT. 0.031 AC. L9 L13 L1*01'54 W f-- Li 8 L7 ^ L5 1 S 01'21'26" E R DETAIL •A° NOT TO SCALE LINE DATA NO. BEARING LENGTH L1 S 00.16 00" E 63.00' L2 S 89'S550" W 61.04 L3 S 6WS4'16 W 26.15 L4 S MOW" W 2.02 LS S 89'55 50 W 22.66 L6 N 00'0410 W 2.00 L7 S 89'55 50 WF 28.67 L8 N 70'32 51 W 27.17' L9 N 89'S5 50 E 89.79 L10 S 00'0410 E 5.00' L11 N 89'55 50 E 25.00' L12 N 00'0410 WF 5.00 L13 N 89*55*50 PF E 28.99 L14 S 89'59 42 E 23.00 L15 N 66'0627 C 21.88 L16 S 3C46 27 W 12.27' L17 S 89'55 50 W 6.55' L18 S 26' 10 38 E 2.12 L19 IN 89'59'42 W 5.50' DETAIL •B• NOT TO SCALE CURVE DATA NO. DELTA RADIUS LENGTH C1 19'4418 59.33 20.44 C2 19'3119 59.33' 20.22' C3 03'38 22 43.67' 2.77' C4 11'27 33 150.50 30.10 C5 1 11'27'33 150.50' 30.10 C6 1 20'4315 29.50 10.67 C7 11'27 33 156.00 31.20' C8 1 11'27 33 145.00 29.00' MSA CONSVLTMG, INC. Pi,ANNING a CPM ENGINEERING ID LAND SuRvEyiNa J.N. 1963 SHEET 2 of 2 EXHIBIT "C" FORM OF GRANT DEED (Exhibit "C" follows this page). Exhibit "C" EXHIBIT "C" RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (RAMON ROAD) APN: 680-190-036 For a valuable consideration, receipt of which is hereby acknowledged, Ramon Tower Business Park, Inc., a California mutual benefit non-profit corporation, (hereinafter "Grantor"), hereby GRANTS to the City of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Cathedral City, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Ramon Tower Business Park, Inc,, a California mutual benefit non-profit corporation, Dated: December 16, 2018 By. Its: Garn Ge n, . 5� rti -4arr G.�+ By: Its: Kevin Sarkisyan, V� re � . C1 e�,, -b , k S. Exhibit "C" DO NOT RECORD. DO NOT SEND TO IRS. EXHIBIT D CERTIFICATION OF NON -FOREIGN STATUS BY TRANSFEROR TRANSFEREE (BUYER) MUST RETAIN FOR SIX YEARS AFTER THE TRANSACTION. 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: X (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. G.G.: 626-82-9776 B. The Transferor's social security number is K.S.: 605-25-9715 C. The Transferor's address is 1241 S. Glendale Ave., Suite 302 Glendale CA 91205 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: Exhibit "D" A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in Los Angeles County, State of California on December 16, 2018 Transferor: By: Garnik evorgyan 1A:tt.tt 0. Kevin Sarkisyan re en `1- Title: � rr Group, LLC it S Exhibit T" EXHIBIT E HAZARDOUS SUBSTANCE DEFINITION The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "hazardous chemical substance or mixture", "imminently hazardous chemical substance or mixture", "toxic substances", "hazardous air pollutant", "toxic pollutant" or "solid waste" in the statues or regulations listed below. Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations, orders or rules and materials and wastes which are, or in the future become, regulated under applicable local, state orfederal law for the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) A "Hazardous Substance", "Hazardous Material", "Hazardous Waste", or "Toxic Substance" underthe Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq.; (2) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (3) Listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity; (4) A material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law orpublic agency requires in orderforthe property to be put to any lawful purpose; Exhibit "E" (5) Any material the presence of which would require remediation, whether or not the presence of such material resulted from a leaking underground fuel tank; (6) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; (7) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et sue.; (8) Any radioactive material including, without limitation, any "source material', "special nuclear material', "by-product material', "low-level wastes", "high-level radioactive waste", "spent nuclear fuel' or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seg. (9) Industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and RecoveryAct, 42 U.S.C. §§ 6901 et seq.; All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein. Exhibit "E"