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HomeMy WebLinkAboutA8591 - FAR WEST INDUSTRIES - S Palm Canyon Dr Bridge Replacement at Tahquitzha w yt671'k 61 S (,ob0D2+ 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 # 2020-0453040 09/23/2020 04:35 PM 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: MARY #420 APN: 508-171-005, -012 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TEMPORARY CONSTRUCTION EASEMENT (Non -Exclusive) For a valuable consideration receipt of which is hereby acknowledged, Far West Industries, A California Corporation ("Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, ("City" and/or "Grantee"), its successors and assigns, the non-exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Palm Springs, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B",.� attached hereto and made part hereof (the "Property") on the terms and conditions as more specifically set forth in that certain Temporary Construction Easement Agreement entered into between Grantor and City dated`Y4) l 2020 (the "Agreement"). The Agreement is incorporated herein by this reference. Ard Exh, b14 ° C " crd ♦ 0 u I This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. Project No: 12-02, BRLS-5282 (042) 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 automatically expire without the need of any further actions from the Grantor or Grantee on the earlier of (1) recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office or (2) the date which is four (4) years from the recordation of this TEMPORARY CONSTRUCTION. At the expiration of the Temporary Construction Easement, City shall restore the easement are to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. To the extent of any inconsistency between the Agreement and this Temporary Construction Easement, the Agreement shall control. La.w `j ers-rJ+k (I S !o1x02`f 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: 508-171-005, -012 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TEMPORARY CONSTRUCTION EASEMENT (Non -Exclusive) For a valuable consideration receipt of which is hereby acknowledged, Far West Industries, A California Corporation ("Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, ("City" and/or "Grantee"), its successors and assigns, the non-exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Palm Springs, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B",411 attached hereto and made part hereof (the "Property") on the terms and conditions as more specifically set forth in that certain Temporary Construction Easement Agreement entered into between Grantor and City dated"Y4�_�l 2020 (the "Agreement"). The Agreement is incorporated herein by this reference. Ard Exh, b 14 o C" a*id " 0°, This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. Project No: 12-02, BRLS-5282 (042) 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 automatically expire without the need of any further actions from the Grantor or Grantee on the earlier of (1) recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office or (2) the date which is four (4) years from the recordation of this TEMPORARY CONSTRUCTION. At the expiration of the Temporary Construction Easement, City shall restore the easement are to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. To the extent of any inconsistency between the Agreement and this Temporary Construction Easement, the Agreement shall control. Executed this 31--;4-day of Su , 202-0 GRANTOR: Far West Industries, A California Corporation By: Scot+ L%ssoy Its: �reS-Ja,4—f Secrr+ Its: Dated: 3! zo Dated: 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 G A L_i t—o m ~, j 0,. County of 01z.Ar✓d�F_ On before me, LA . t Dria f ✓10 �q, _D-hlie Name, Title of O er personally appeared `r NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(X) whose name('uafe subscribed to the within instrument and acknowledged to me tha etf e,4ey executed the same i is erltfy& authorized capacity(+es}, and that by is her#fpaW signatures''] on the instrument the person, or the entity upon behalf of which the person(.,4 acted, executed the 9 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. 1 - Signa f Notary IRA 0. GLASKY- Notary Public - California Z Orange County z Commission #r 2184907 My Comm. Ex Tres Mar 26, 2021 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 TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DATE of EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-005 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF LOT 13, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, OF PALM VALLEY COLONY LANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, SAN DIEGO COUNTY RECORDS, DECRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 6060-116, AS SHOWN ON RECORD OF SURVEY FILED APRIL 8, 1971, IN RECORDS OF SURVEY BOOK 57, PAGES 3 TO 16, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO PALM SPRINGS MASONIC TEMPLE ASSOCIATION, A CORPORATION, BY DEED DATED NOVEMBER 12, 1948 RECORDED NOVEMBER 18, 1948, IN BOOK 1027, PAGE 499 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE (40.00 FEET HALF WIDTH WESTERLY) AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 01001'27" EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 5.01 FEET TO A POINT THEREON, SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL 6060-213 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 77, PAGES 1 TO 5, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 83030'22" WEST ALONG THE SOUTWESTERLY LINE OF SAID PARCEL 6060-213, A DISTANCE OF 10.09 FEET TO A POINT ON THE WESTERLY LINE OF THAT LAND GRANTED TO THE CITY OF PALM SPRINGS BY DOCUMENT RECORDED NOVEMBER 11, 1989 AS INSTRUMENT NO. 1989-380350 OF OFFICIAL RECORDS; THENCE SOUTH 01001'27" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 29.16 FEET TO THE BEGINNING OF A NON-TANGET CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 905.37 FEET, THE RADIAL LINE TO SAID POINT BEARS NOTH 88056'51" EAST, SAID CURVE ALSO BEING CONCENTRIC WITH AND 50.00 FEET WESTERLY, MEASURED RADIALLY, TO THE CENTERLINE OF SAID SOUTH PALM CANYON DRIVE; THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE 01 035'55", AN ARC DISTANCE OF 25.26 FEET TO THE TRUE POINT OF BEGINNING; Page 1 of 2 IlelsinorelW0212014114-02621DrawfngsiMapping114-0262-TCE-PALM0W65_Legal_50&17100S.docx AlbenA. Wehh Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-005 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT THENCE CONTINUING SOUTHERLY ALONG SAID CURVE, TO THE RIGHT, AND SAID WESTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 14000'06", AN ARC DISTANCE OF 221.25 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO JAMES M. JACKSON, ET UX, RECORDED OCTOBER 14, 1971 AS INSTRUMENT NO. 116857, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89055'00" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 10.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 895.37 FEET, THE RADIAL LINE TO SAID POINT BEARS SOUTH 75017'13" EAST, SAID CURVE BEING CONCENTRIC AND 10.00 FEET WESTERLY, MEASURED RADIALLY, TO SAID WESTERLY LINE OF SAID INSTRUMENT NO. 1989-380350; THENCE NORTHERLY ALONG SAID NON-TANGETN CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14009'45", AN ARC DISTANCE OF 221.32 FEET; THENCE SOUTH 89050'42" EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,213 SQUARE FEET (0.051 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION & -a k �Avkt Michael E ohnson, L.S. 7673 Date Prepared By: JCR Checked By: �yrl Page 2 of 2 /�Q LANp S\ E. JOy P� z 0 NO. 7673 \elf OF CAL1F0�\P I elsurore" WO2 2014:14-0262 DrawingslMapping, l4-0262-TCE-PALM CYN65_Legal_508171005.docx Alben A. Webb Associates W N 0— EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT E.1 APN 508-171-005 PALM CANYON 65 TARQUM CV XVX pgRcE C,�EL Cp RS 5�3 60''6 LINE TABLE LINE # DIRECTION LENGTH L1 S01'01'27"E 5.01' L2 N83'30'22W 10.09' L3 S01'01'27"E 29.16' L4 N89'55'00"W 10.33' L5 S89'50'42"E 10.00' - 6 _ p 1'ARC�E 606p_2 3 �pC--6060_ 06 N83'30'22"W RS 2� 273.99' � (N83'32'14"W 273.761) SW'LY LINE OF PARCEL 6060-213 NNE 6 m N o Cl z )30' L1 0 0 no Z PER RS 77/1-5 E(R) PCL. 6060_-21 TPOB 1- [ � RECORD DATA PER RS 57/3-16. PULK MUM @@IOa KV gAimD9 mm �0052"0G1a 9112 O () RECORD DATA PER RS 77/1-5. PO13a L04 4�3 ® TEMPORARY CONSTRUCTION EASEMENT EXISTING R/W & -1 W'LY LINE OF INST. #89-380350 iO RIGHT OF WAY & P.U.E. PER INST. #1989-380350, REC. 11/01/1989. O2 RIGHT OF WAY PER BOOK 1855, PAGE 72 O.R., REC. 01/30/1956. O3 SC EDISON 6' WIDE EASEMENT PER INST. N 1,4 J rn #1990-456833, REC. 12/08/1990. 11 , CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 905.37' 1'35'55" 25.26' O4 ACCESS EASEMENT PER INST # 2003-242562. PALM CANYON 65 APN 508-171-005 1.1D NANO IT 44 2y p�� E'(67 j0y -A. �� tiny �A 0 a � N0. P 4Tf OF CAL1EO�a SEC. 23, T4S, R4E, SBM A L B E R T A. TCE AREA a" 2,213 S.F. N'LY LINE OF GRANT DEED 0.051 A.C. PER DOC #116857, REC. 1 /14/1971. 10' S75,- 4 3 14 CITY OF PALM SPRINGS N OEM mo, 110 rem H 1 " 50' 25 0 A S S 0 C I A T E S I G: 2014\14-0262\Drawings\Mapping 14-0262-TCE-PALM CYN65_508171005.dwg 1/28/2019 4:03 PM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W'0' ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET 'I OF 1 14-262 SCALE: 1 "=30' DRWNBY DATE 20 CHKD BY MEJ DATE SUBJECT: TEMPORARY CONSTRUCTION EASEMENT CHKD EXHIBIT " C " LEGAL DESCRIPTION APN 508-171-012 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF LOT 13, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, OF PALM VALLEY COLONY LANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, SAN DIEGO COUNTY RECORDS, DECRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 6060-116, AS SHOWN ON RECORD OF SURVEY FILED APRIL 8, 1971, IN RECORDS OF SURVEY BOOK 57, PAGES 3 TO 16, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO PALM SPRINGS MASONIC TEMPLE ASSOCIATION, A CORPORATION, BY DEED DATED NOVEMBER 12, 1948 RECORDED NOVEMBER 18, 1948, IN BOOK 1027, PAGE 499 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE (40.00 FEET HALF WIDTH WESTERLY) AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 01001'27" EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 5.01 FEET TO A POINT THEREON, SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL 6060-213 AS SHOW BY RECORD OF SURVEY ON FILE IN BOOK 77, PAGES 1 TO 5, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 83030'22" WEST ALONG THE SOUTWESTERLY LINE OF SAID PARCEL 6060-213, A DISTANCE OF 10.09 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY LINE OF THAT LAND GRANTED TO THE CITY OF PALM SPRINGS BY DOCUMENT RECORDED NOVEMBER 11, 1989 AS INSTRUMENT NO. 1989-380350 OF OFFICIAL RECORDS; THENCE SOUTH 01001'27" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 29.16 FEET TO THE BEGINNING OF A NON-TANGET CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 905.37 FEET, THE RADIAL LINE TO SAID POINT BEARS NOTH 88056'51" EAST, SAID CURVE ALSO BEING CONCENTRIC WITH AND 50.00 FEET WESTERLY, MEASURED RADIALLY, TO THE CENTERLINE OF SAID SOTH PALM CANYON DRIVE; THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE 01 035'55", AN ARC DISTANCE OF 25.26 FEET TO A POINT THEREON; Page I of 2 llelsinore1 W0212014114-02621DrawiiigsWappingll4-0262-TCE-PALM CYN65 Legal_508171012.docx Albert A. Wcbb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-012 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, NORTH 89050'42" WEST, A DISTANCE OF 10.00 FEET A POINT ON A NON -TANGENT CURVE CONCAVE WESTERLY, AND CONCENTRIC WITH SAID WESTERLY LINE, HAVING A RADIUS OF 895.37 FEET, AND DISTANT 10.00 FEET WESTERLY, MEASURED RADIALLY, TO SAID WESTERLY LINE, THE RADIAL LINE TO SAID POINT BEARS SOUTH 89°26'58" EAST; THENCE NORTHERLY ALONG SAID NON -TANGENT CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01036' 11 ", AN ARC DISTANCE OF 25.05 FEET, TO A POINT ON A LINE PARALLEL WITH AND DISTANT 10.00 FEET WESTERLY, MEASURED A RIGHT ANGLE, FROM SAID WESTERLY LINE; THENCE NORTH 01001'27" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 30.49 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF PARCEL 6060-213; THENCE SOUTH 83030'22" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 10.09 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 550 SQUARE FEET (0.013 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT `B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION 61D LAND SG —r F 2ev E. E. jo/k, 1 Michael ohnson, L.S. 7673 Date CO.) sy 0 J � Prepared By: ,JCR NO. 7673 Checked By: P sTglf OF CALIVO Page 2 of 2 Itelsinore'W01i1014'14-02621Drawi)rgsWappingll4-0262-TCE-PALM CYN65_Legal_508171012.docx Albert A. WcbbAssaciates EXHIBIT 'V " TEMPORARY CONSTRUCTION EASEMENT NOTES APN 508-171-012 PALL CANYON 65 [ ] RECORD DATA PER RS 57/3-16. () RECORD DATA PER RS 77/1-5. ® TEMPORARY CONSTRUCTION EASEMENT O RIGHT OF WAY & P.U.E. PER INST. #1989-380350, REC. 11/01/1989. O2 RIGHT OF WAY PER BOOK 1855, PAGE 72 O.R., REC. 01 /30/1956. RSS i3661 s ►AND S\ E. ''oy P` o J NO. 7673 a P OF CAL%E�_-' Zft �F40, RS s��3 60'11 C SF ooR�L Tp sosopOC 6 1 PARCEL 6060. 213, RS 77/1. f L6 SW'LY LINE OF N83'30'22 W 273.99' , PARCEL PER RS060-213 (N83'32'14"W 273.76) _ 77/1-5 P&M CANYON 65 TCE AREA 9 APN 508— Y 1-012 550 S.F. 0.013 A.C. 10' 10, PALM VALLEY COLONY LANDS-y8a ., MB 14/652—SAN DIEGO F J , LINE TABLE LINE # DIRECTION LENGTH L1 S01'01'27"E 5.01' L2 N83'30'22W 10.09' L3 S01'01'27"E 29.16' L4 N89'50'42"W 10.00' L5 N01'01'27"W 30.49' L6 S83'30'22"E 10.09' (5.00') im N W 0 E S i � N (a ro O � I N M z O Q O uCD 30' _ R.6060-213 4SECC 2 �' z POR. LOT 13 co o CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 905.37' 1'35'55" 25.26' C2 895.37' 1'36'11" 25.05' SEC. 23, T4S, R4E, SBM A L B E R T A. _ N . se9zsse F(R U � � � w cn \ S89?> > a L4 10' a� z c ,4E�RJ cn zz F p rl I N O Sri EXISTING R/W & 0 n W'LY LINE OF INST. #89-380350 M 1"=30' 50' 15 0 30 ki CITY OF PALM SPRINGS A S S 0 C I A T E S G: 2014\14-0262\Drawings\Mapping\14-0262—TCE—PALM CYN65_508171012.dwg 1/28/2019 3:19 PM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT, SHEET 1 OF 1 14-262 SCALE: 1 "=30' DRWN BY R DATE 1 » SUBJECT: TEMPORARY CONSTRUCTION EASEMENT CHKD BY Mls� DATE CitySpringsof Palm Office of the City Clerk 3200 East Tahquitz Canyon Way - Palm Springs, California 92262 Tel: (760) 323-8204 - Fax: (760) 322-8332 - Web: www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the following: TEMPORARY CONSTRUCTION EASEMENT Dated: 015 1 zv Zfl From: Far West Industries, A California 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 day ofA�2020, pursuant to authority granted by the City Council of said City, by Resolution No. made on the day of 0 &*- >cc, 20 IS , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this '40"—lay of 4VA ✓St , 20'2 v rA, aft L41��oi! � r AnYonly! Mejia City Clerk t� lFF Rip,. PETER ALDANA Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 Website: www.nversideacr.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. 508- --170- --005 1 declare that the documentary transfer tax for this Property Address: Ptn• 508-170-005 & 019 transaction is: $0 on 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 BECAUSE. (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 ugLperpetual, permanent, or for life. 10. Section 9. The document is a lease for a term of jCILthan (35) years (including written options.) H . Other (Include explanation and legal authority) I DECLARE UNDE PENALTYO PERJURY HAT THE FOREGOING IS TRUE AND CORRECT. Exec ed its 20& at San Rpmartl4no, CA City State d CollPPn Graves Sin ffiant Printed Name of Affiant 695 F Carnegie Dr #10..9 San Rernardinn CA 99408 Name of Fir n (i applicable) Address of Affiant (including City, State, and Zip Code) c10C)_C)63-5588 Telephone Number of Affiant (including area code) This form is subject to the California Public Records Act (Government Code 6250 et. seq.) For Recorder's Use: Affix PCOR Label Here ACR 521. (Rev. 11/2014) Available in Alter ate Formats TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel PROJECT NO: 12-02, BRLS-5282 (042) APN: 508-171-005, 508-171-012 This TEMPORARY CONSTRUCTI N EASEMENT AGREEMENT, (the "Agreement"), is made and made this _i_5 day of v � 20 Zo, for reference purposes only, by and between the CITY OF PALM SPRI GS, a California charter City and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the "City" and/or "Grantee", and FAR WEST INDUSTRIES, a California 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 Palm Springs, the County of Riverside, State of California, which is identified by Assessor Parcel Number(s) 508-171-005 & 508-171-012 (referred to as the "Property"). B. Grantor has received approval of entitlements from the City for a residential community located on the Property which will contain fifty-six (56) single family residences, twenty-five (25) multi -family residential condominiums, and related improvements, as more specifically set forth in approved Tentative Tract Map No. 36914, PD-379, and related approvals (the "Residential Community") and Grantor is currently processing final engineering and architectural plans, importing dirt under permit from the City, and will commence full grading and construction on the Property immediately upon issuance of the necessary permits by the City. C. Grantee desires to acquire a temporary and non-exclusive construction easement over a portion of the Property in connection with the City's ongoing South Palm Canyon Drive Bridge Replacement project at Tahquitz Creek Channel, City Project No. 12-02, BRLS-5282 (042) ("Project"). D. Grantor has agreed to grant to Grantee a temporary and non-exclusive construction easement for the Project, authorizing Grantee and its assignees, including its contractor(s), to enter, for a limited duration and term subject to the conditions in this Agreement, a portion of the Property as described on the attached legal description, referenced as Exhibits A, and shown on the attached map, referenced as Exhibits B, (the "Easement Area"), which are attached hereto and incorporated herein by reference. E. 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. Temporary Construction Easement Agreement Page 1 of 8 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. The recitals listed above are true and correct and are hereby incorporated herein by reference into this Agreement. 2. Grantor hereby grants to City and its assignees, including its contractor(s), the non- exclusive right to enter upon and use Grantor's Property in the City of Palm Springs, Riverside County, State of California, described as Assessor's Parcel Number(s) 508-171- 005 & 508-171-012 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Construction Easement") as set forth in and consistent with the plans and specifications of the Project. 3. The Easement Area consists of approximately 2,763 square feet in total as described on the attached legal description, referenced as Exhibits "A", and shown on the attached map, referenced as Exhibits "B". 4. City shall pay to Grantor the total sum of Twenty -Five Thousand Dollars and no cents ($25,000.00), (the "Rental Price"), for the right to enter upon and use Grantor's Property in accordance with the terms hereof. The Rental Price represents full payment for such possession and use of the Easement Area, including damages, if any. Applicable compensation for property improvements located in the Easement Area is included in the Rental Price above. Grantor hereby expressly and unconditionally waives any and all claims for damages (except claims that are covered by Section 15 herein and/or as may arise under or from this Agreement), 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. 5. It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this Agreement, the right of non-exclusive possession and use of the Easement Area by the Grantee, including the right to remove and dispose of improvements, as necessary for the Project, shall commence upon the recording of the temporary construction easement deed ("Easement Deed") incorporating the terms of this Agreement. 6. City agrees to facilitate escrow services in accordance with this Agreement with its consultant, Lawyers Title Insurance Company, 625 E. Carnegie Dr. #105, San Bernardino, Temporary Construction Easement Agreement Page 2 of 8 X Easement Area to any of those improvements at the conclusion of the period of use of Grantor's land by City. City shall only be responsible for repairing or restoring such improvements to as a good a condition as they were in when constructed by Grantor. 9. City agrees that the inability for Grantor to construct or complete any improvements within the Easement Area due to the City's use of Grantor's Property shall not affect in any way the exoneration of any bonds that Grantor has or will provide the City in connection with any subdivision improvements for the Residential Community. Such agreement shall extend to any improvements installed by Grantor which were damaged by City's use of the Easement Area and for which have not yet been repaired or restored by City in accordance with this Agreement. 10. Grantee, or Grantee's Contractors, upon request by Grantor and at Grantee's sole cost and expense, will relocate the sign located within the Easement Area to a mutually agreed upon location. 11. City shall be solely responsible for compliance with any applicable fugitive dust control regulations of the South Coast Air Quality Management District, the Coachella Valley Fugitive Dust Control Handbook, and any applicable provisions of the City's Municipal Code pertaining to fugitive dust control and hereby indemnifies Grantor from any and all liability imposed by any governmental agency from any violation of those requirements arising from the City's use of the Easement Area. 12. City shall be solely responsible for compliance with any erosion control measures required in the Easement Area by the provisions of any applicable laws, ordinances, regulations, or any relevant storm water pollution prevention plan and hereby indemnifies Grantor from any and all liability imposed by any governmental agency from any violation of those requirements arising from the City's use of the Easement Area. 13. City shall not suffer or permit to be enforced against the Property or the Easement Area any mechanics', materialmen's, contractors' or subcontractors' liens or any claim for damage arising from any work performed by, under or through City or its representatives, but City shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against the Property. City expressly agrees to indemnify, defend and hold harmless Grantor and the Property from all liability for any and all such liens, claims and demands, together with reasonable attorneys' fees and all costs and expenses in connection therewith ("Lien Claims"). Notwithstanding anything to the contrary set forth above, if City shall in good faith contest the validity of any such lien, claim or demand, then City shall, at its expense, defend itself and Grantor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Grantor or the Property, but only upon the condition that City shall, upon Grantor's request, procure and record or furnish to Grantor a surety bond or other acceptable security satisfactory to Grantor in an amount at least equal to one hundred fifty percent (150%) of such contested lien, claim or demand indemnifying Grantor against liability for the same, and holding the Property free from the effect of any lien or claim. Grantor reserves the right at any time and from time to time to post and maintain on Temporary Construction Easement Agreement Page 4 of 8 the Property or any portion thereof or improvement thereon, such notices of non - responsibility or otherwise as may be necessary to protect Grantor against liability for any such liens and claims. 14. All notices, consents, requests, demands or other communications to or upon the other Party shall be in writing and shall be effective for all purposes upon receipt, by means that include, but are not limited to (i) personal delivery; (ii) delivery by messenger, express or air courier or similar courier; or (iii) delivery by United States first class certified or registered mail, postage prepaid and addressed as follows: If to Grantor, to: Far West Industries 2922 Daimler Street Santa Ana, CA 92705 Facsimile No.: (949) 224-1963 Telephone No.: (949) 224-1970 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 15. To the extent permitted by law, and provided it is not contrary to Section 14, 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 (a) any use of the Easement Area, (b) any act or omission, (c) any violation or alleged violation by City of any law, ordinance, or regulation, (d) any of City, its employees, representatives, agents, suppliers or subcontractors, pursuant to this Agreement. Notwithstanding the provisions of the Section, the foregoing duty to defend, indemnify and hold harmless the Grantor from and against any Claims shall not apply to any Claims to the extent found by a court of competent jurisdiction to have been caused by the gross negligence or intentional misconduct of Grantor. 16. 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. 17. 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. This Agreement shall survive the recording of the Temporary Construction Easement and shall by this reference be incorporated into the recorded Temporary Construction Easement. 18. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. Temporary Construction Easement Agreement Page 5 of 8 G 19. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 20. It is the intent of the Parties that each and all of the easements, covenants, conditions and restrictions set forth in this Agreement shall run with the land of the Easement Area and shall bind and inure to the benefit of Grantor, Grantee, and their respective successors and assigns as owners of interests in the Easement Area. 21. Grantor and Grantee and their assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the Parties thereto shall be jointly and severally liable thereunder in accordance with Civil Code Section 1468. 22. 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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." By initialing below, Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, with respect to the subject matter of this Agreement, 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 knowingly and voluntarily 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 eff ct, except as set forth in this Agreement. Grantor's 1nitials 23. This Agreement shall inure to all subsequent purchasers, transferors and assigns of the Grantor, until otherwise terminated according to the provisions set forth herein. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but any number of which, taken together, shall constitute one and the same instrument. 24. This Agreement can only be changed, modified, amended, supplemented, or rescinded in a separate writing signed by both Parties. 25. All waivers must be in writing. Failure to insist upon strict performance of any provision, right, duty, or obligation in this Agreement is not a waiver of the right to enforce Temporary Construction Easement Agreement Page 6 of 8 that provision, right, duty, or obligation, nor any other provision, right, duty, or obligation in the future. 26. City shall cause a Temporary Construction Easement incorporating the terms of this executed Agreement to be recorded with the Riverside County Recorder's Office. 27. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 28. The venue of any disputes arising out of this Agreement shall be the Superior Court of the State of California for the County of Riverside. 29. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorneys' fees and costs of suit from the other Party. 30. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force as though the invalid, illegal, or unenforceable portion has never been part of this Agreement. [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 7of8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year last written below. GRANTEE: CITY OF PALM SPRINGS, a California charter city and municipal corporation Cr711 to]:� FAR WEST INDUSTRIES, a California corporation By. By: David H. Ready, Ci g Scott YLUiffsoy, Pre id nt Dated: �" ( 3 -��o ■rx•�l Dated: 7 3/ 2c By. APPROVED BY CITY MANAGER , 1-11'7� 2� Anthohy J. Mejia, MMC, City Clerk 'gv � o1A^ 'P M ai MJ" FYI l� G / L' L� : C i Ckr� ' APPROVED AS TO FORM: ! i By. /'3 JefreyCgalling drCity Attorney Exhibit List Exhibits A -- Legal Description of the Easement Area Exhibits B -- Depiction of Easement Area Temporary Construction Easement Agreement Page 8 of 8 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 ryst ,& County of orU►.va t On before me, rA �vrto (r c_ , to Name, DqeW Officer personally appeared S r Ss0 N (S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person() whose name( )&ere subscribed to the within instrument and acknowledged to me thatl(5 sl emm executed the same in i ` e!their authorized capacity(+es}, and that by hi heir signatures(4 on the instrument the person(4, or the entity upon behalf of which the person(() 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 m hand and official seal. Signature btm6tary IRA D. GLASKY Notary Public - California Z 4`� Orange County Z C�MY�omrri. �Exreffs�Mar 847907 26, 2021 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 e MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Exhibits A LEGAL DESCRIPTIONS OF THE EASEMENT AREA EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-005 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF LOT 13, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, OF PALM VALLEY COLONY LANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, SAN DIEGO COUNTY RECORDS, DECRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 6060-116, AS SHOWN ON RECORD OF SURVEY FILED APRIL 8, 1971, IN RECORDS OF SURVEY BOOK 57, PAGES 3 TO 16, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO PALM SPRINGS MASONIC TEMPLE ASSOCIATION, A CORPORATION, BY DEED DATED NOVEMBER 12, 1948 RECORDED NOVEMBER 18, 1948, IN BOOK 1027, PAGE 499 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE (40.00 FEET HALF WIDTH WESTERLY) AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 01001'27" EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 5.01 FEET TO A POINT THEREON, SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL 6060-213 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 77, PAGES 1 TO 5, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 83030'22" WEST ALONG THE SOUTWESTERLY LINE OF SAID PARCEL 6060-213, A DISTANCE OF 10.09 FEET TO A POINT ON THE WESTERLY LINE OF THAT LAND GRANTED TO THE CITY OF PALM SPRINGS BY DOCUMENT RECORDED NOVEMBER 11, 1989 AS INSTRUMENT NO. 1989-380350 OF OFFICIAL RECORDS; THENCE SOUTH 01001'27" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 29.16 FEET TO THE BEGINNING OF A NON-TANGET CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 905.37 FEET, THE RADIAL LINE TO SAID POINT BEARS NOTH 88056'51" EAST, SAID CURVE ALSO BEING CONCENTRIC WITH AND 50.00 FEET WESTERLY, MEASURED RADIALLY, TO THE CENTERLINE OF SAID SOUTH PALM CANYON DRIVE; THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE 01 °35'55", AN ARC DISTANCE OF 25.26 FEET TO THE TRUE POINT OF BEGINNING; Page 1 of 2 IlelsinorLIWO212014114-02621DraivingsWappingll4-0262-TCE-PALM CYN65_Legaf_508171005.d0cz Albert A. WebbAssaciales EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-005 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT THENCE CONTINUING SOUTHERLY ALONG SAID CURVE, TO THE RIGHT, AND SAID WESTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 14°00'06", AN ARC DISTANCE OF 221.25 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO JAMES M. JACKSON, ET UX, RECORDED OCTOBER 14, 1971 AS INSTRUMENT NO. 116857, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89055'00" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 10.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 895.37 FEET, THE RADIAL LINE TO SAID POINT BEARS SOUTH 75017' 13" EAST, SAID CURVE BEING CONCENTRIC AND 10.00 FEET WESTERLY, MEASURED RADIALLY, TO SAID WESTERLY LINE OF SAID INSTRUMENT NO. 1989-380350; THENCE NORTHERLY ALONG SAID NON-TANGETN CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14009'45", AN ARC DISTANCE OF 221.32 FEET; THENCE SOUTH 89050'42" EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,213 SQUARE FEET (0.051 ACRES), MORE OR LESS, SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION ~ C /D Michael E ohnson, L.S. 7673 Date Prepared By: JCR Checked By: Page 2 of 2 LAND S\ E. rOH �L 0 < ti o J .'O N0. 7673 \ArF OF CAL1F0�`P IlelsLrore1WO212014114-02611DrawiagsWapping114-0162-TCE-PALMCYN63_Lega/ S08171005.docx Albert A. Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-012 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF LOT 13, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, OF PALM VALLEY COLONY LANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, SAN DIEGO COUNTY RECORDS, DECRI13ED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 6060-116, AS SHOWN ON RECORD OF SURVEY FILED APRIL 8, 1971, IN RECORDS OF SURVEY BOOK 57, PAGES 3 TO 16, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO PALM SPRINGS MASONIC TEMPLE ASSOCIATION, A CORPORATION, BY DEED DATED NOVEMBER 12, 1948 RECORDED NOVEMBER 18, 1948, IN BOOK 1027, PAGE 499 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE (40.00 FEET HALF WIDTH WESTERLY) AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 01°01'27" EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 5.01 FEET TO A POINT THEREON, SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL 6060-213 AS SHOW BY RECORD OF SURVEY ON FILE IN BOOK 77, PAGES 1 TO 5, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 83030'22" WEST ALONG THE SOUTWESTERLY LINE OF SAID PARCEL 6060-213, A DISTANCE OF 10.09 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY LINE OF THAT LAND GRANTED TO THE CITY OF PALM SPRINGS BY DOCUMENT RECORDED NOVEMBER 11, 1989 AS INSTRUMENT NO. 1989-380350 OF OFFICIAL RECORDS; THENCE SOUTH 01 a01727" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 29.16 FEET TO THE BEGINNING OF A NON-TANGET CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 905.37 FEET, THE RADIAL LINE TO SAID POINT BEARS NOTH 88056'51" EAST, SAID CURVE ALSO BEING CONCENTRIC WITH AND 50.00 FEET WESTERLY, MEASURED RADIALLY, TO THE CENTERLINE OF SAID SOTH PALM CANYON DRIVE; THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE 01 035'55", AN ARC DISTANCE OF 25.26 FEET TO A POINT THEREON; Page I of 2 Ilclsinore1WO212014114-0262WrawirtgsWapping114-0262-TCE-PALMCYN6S Lcgal 508171012.docx Albert A. Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-012 PALM CANYON 65 TEMPORARY CONSTRUCTION EASEMENT THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, NORTH 89°50'42" WEST, A DISTANCE OF 10.00 FEET A POINT ON A NON -TANGENT CURVE CONCAVE WESTERLY, AND CONCENTRIC WITH SAID WESTERLY LINE, HAVING A RADIUS OF 895.37 FEET, AND DISTANT 10.00 FEET WESTERLY, MEASURED RADIALLY, TO SAID WESTERLY LINE, THE RADIAL LINE TO SAID POINT BEARS SOUTH 89-26-58" EAST; THENCE NORTHERLY ALONG SAID NON -TANGENT CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01036' 11 ", AN ARC DISTANCE OF 25.05 FEET, TO A POINT ON A LINE PARALLEL WITH AND DISTANT 10.00 FEET WESTERLY, MEASURED A RIGHT ANGLE, FROM SAID WESTERLY LINE; THENCE NORTH 01001'27" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 30.49 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF PARCEL 6060-213; THENCE SOUTH 83030'22" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 10.09 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 550 SQUARE FEET (0.013 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION �Q LAND SG O ?C2 �PF L E. J Al, •pL Michael ohnson, L.S. 7673 Date u goy 0 J y Prepared By: JOR No. 7673 Checked By: P qT� OF w.%jas Page 2 of 2 I1elsinore1W0112014114-02621DrawbigsWappiugll4-0162-TCE-PALMCYN65_Legal 508171012.docx Albert A. Webb Associates Exhibits B DEPICTIONS OF THE EASEMENT AREA WTA EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT E.r APN 508-171-005 PALM CANYON 65 _\T` QUiTz CgEE$ CX40,,L gRCEC —SF CO RS67/ 6"-116 LINE TABLE LINE # DIRECTION LENGTH L1 S01'01'27"E 5.01' L2 N83'30'22"W 10.09' L3 S01'01'27"E 29,16' L4 N89'55'00"W 10.33' L5 S89'50'42"E 10.00' R, pQC pO _ 606 G' N83'30'ARCEE 8060.213, IRS 7%1 5� �� L`\ 2 (N83'32'4"W 273.99' 273.76 ) SW'LY LINE OF PARCEL 6060-213 N 8_ 56�i p PER RS 77/1-5 --_R(R) PCL. 6060-21 TPOB--_ 2 U L5 10' daaa�rr coo oarr aaao� [ ] RECORD DATA PER RS 57/3-18. FRLMGil® M/0@2_0199 () RECORD DATA PER RS 77/1-5. MQ" (.@v 9i33 ® TEMPORARY CONSTRUCTION EASEMENT O1 RIGHT OF WAY & P.U.E. PER INST. #1989-380350, REC. 11/01/1989. OZ RIGHT OF WAY PER BOOK 1855, PAGE 72 O.R., REC. 01 /30/1956. [�3 Sc EDISON 6' WIDE EASEMENT PER INST. #1990-456833, REC. 12/08/1990, O4 ACCESS EASEMENT PER INST # 2003-242562. �O LAND SG E. SOHtv �6 J O A NO. 673 P qlf OF CA0�f� SEC. 23, T4S, 'R4E, SBM A L 8 E R T A. EXISTING R/W & -1 WTY LINE OF INST. #89-380350 N CURVE TABLE CURVE # RADIUS DELTA I LENGTH C1 905.37' 1'35'55" 25.26' M N N v rn 0 PALM CANYON 65 APN 508-171-005 TCE AREA o" 2,213 S.F. N'LY LINE OF GRANT DEED 0.051 A.C. PER DOC #116857, RE�14/1971. 10' S%S•1 �,1� 4 3 `, L4 4 CITY OF PALM SPRINGS 10' :,q A N clq to ^ Q ci 3 , ' W �� V c� o o 0 M ui h Q! SO' A S S 0 C I A T E S 1 G:\2014\ 14-0262\Drawings\Mapping\ 14-0262-TCE-PALM CYN65_508171005.dwg 1 /28/2019 4:03 PM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET 1 OF 1 14-262 DRWN BY CR DATE 0 SCALE: 1 "=30' CHKD BY MEJ DATE SUBJECT: TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT NOTES APN 508-171-012 PALM CANYON 65 [ ] RECORD DATA PER RS 57/3-16. () RECORD DATA PER RS 77/1-5. ® TEMPORARY CONSTRUCTION EASEMENT O1 RIGHT OF WAY do P.U.E. PER INST. #1989-380350, REC. 11/01/1989, U2 RIGHT OF WAY PER BOOK 1855, PAGE 72 O.R., REC. 01/30/1956. %S 66 1 S LINE TABLE LINE # DIRECTION LENGTH L1 S01'01'27"E 5.01' L2 N83'30'22"W 10.09' L3 S01'01'27"E 29.16' L4 N89'50'42"W 10.00' L5 N01'01'27"W 30.49' L6 S83'30'22"E 10.09' T A R��s�Z c 5�0 60'7s�� sF FOR /L POC (.60 �116� PARCEL 6060 213, L2 RS 77H-g �� L6 SW'LY LINE OF N83'30'22*W 273,99, PARCEL 6060-213 (N83.32"14'W 273.76) PER RS 77/1-5 PALM CANYON 65 TCE AREA TI � APN 508-171-012 550 S.F. 6� LAND sG 0.013 A.C. E.GO /,,oyyoP PALM 14 VALLEY DIEOLONY LANDS,NeBsss,(RJ/. �( A POR. LOT 13 NO. 7673 4rE OF CALIFOQa\p CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 905.37' 1'35'55" 25.26' C2 895.37' 1'36'11" 25.05' SEC. 23, T4S, R4E, SBM A L B E R T A. 56926 U U ;5.00') el 30' L1 i SE COR. PCL. 6060-213 10' fD I S6 F(RJ U') 3 ck: L4 �.' 10' zo 9• \ 4 f(R) � z�z EXISTING R/W do WILY LINE OF INST. #89-380350 1 " = 30' • 50' 15 0 30 I CITY OF PALM SPRINGS e z A S S 0 C I A T E S I G:\2014\14-0262\Drawings\Mapping\14-0262—TCE—PALM CYN65_508171012.dwg 1/28/2019 3:19 PM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRTffEN DOCUMENT, SHEET 1 OF 1 14-262 SCALE: 1"=30' Urcwro CST urn UAIt It ULI-VIV SUBJECT: TEMPORARY CONSTRUCTION EASEMENT CHKD BY MEL DATE