HomeMy WebLinkAboutA6841 - MICHAEL COLE, JANET COLE, VASHISHT FAMILY REVOCABLE TRUSTco�
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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
ASSIGNMENT OF EASEMENT
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A"
APN: 513-200-022
dated: March 3, 2016
from,
4348 Lockwood Avenue, LLC, a California Limited Liability Company,
as to an undivided twenty-six percent interest (26%) interest, Michael
L. Cole and Janet K. Cole, husband and wife as joint tenants, as to
an undivided four percent (4%) interest, and Jogesh Kumar Vashisht
and Sunita Kumar Vashisht, Trustees for the Vashisht Family
Revocable Trust Dated May 2, 2001 and Restated May 4, 2010, as to
an undivided seventy percent (70%) interest, all as tenants in
CL•] iiI i"�t•] i]
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 19th day of April,
2016, pursuant to authority granted by the City Council of said City, by Resolution No.
20255 made on the 16th day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 19th day of April, 2016.
AMES THOMPSON
City Clerk
Recording Requested by:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
When Recorded Return to:
Same as above
Exempt from recording charges
Under Government Code 6103
Project: South Palm Canyon Road
APN: 513-200-022
ASSIGNMENT OF EASEMENT
That for good and valuable consideration, the receipt and sufficiency where of is hereby
acknowledged, the 4348 Lockwood Avenue, LLC, a California Limited Liability
Company, as to an undivided twenty-six percent interest (26%) interest, Michael L. Cole
�, nd Janet Cole, husband and wife as joint tenants, as to an undivided four percent
`w(4%) interest, and Jogesh Kumar Vashisht and Sunita Kumar Vashisht, Trustees for the
Vashisht Family Revocable Trust Dated may 2, 2001 and Restated May 4, 2010, as to
an undivided seventy percent (70%) interest, all as tenants in common ("GRANTOR"),
does hereby assign to the City of Palm Springs, a municipal corporation of the State of
California, it's successors and assigns ("GRANTEE"), all that certain acquired
easement rights for the real property situated in the County of Riverside, State of
California, as described in the document recorded July 29, 2008 as Instrument No.
2008-0412633, "Exhibit "A" attached hereto and incorporated herein.
This is an agreement of all rights and interests in and to the existing Grant of Easement
for Flood Control Purposes; more particularly described in Exhibit "A" (Easement).
GRANTOR does hereby covenant that is it granting this Easement only to the extent of
any interest in may have in the property.
To have and to hold unto GRANTEE the Easement herein described for the use and
benefit of the public as right of way flood control purposes, together with the right of
ingress and egress to permit the economical operations and maintenance of said flood
control project, including all incidental purposes consistent herewith.
The GRANTOR hereby conveys unto GRANTEE all warranties of title of any nature
whatsoever which GRANTOR and its successors possess.
The Easement shall at all times be maintained and repaired at the sole cost and
expense of the GRANTEE, its contractors, agents, successors or assigns.
04
GRANTEE agrees to indemnify, defend, and hold harmless GRANTOR from and
against any and all claims, demands, actions, judgments, settlements, liens, penalties,
injuries, losses, liability, costs, or expenses arising out of bodily injury of any person
(including death) or damage to the real or personal property of any person, but only to
the extent that such claims are caused by or related to the action or inaction, omission,
negligence, misconduct, or other fault of the GRANTEE, its officers, employees, agell� ,
successors, assigns, contractors or volunteers the exercise of GRANTEE'S right to
pursuant to the terms of this Easement or in any way caused by or related to the
installation, construction, maintenance or repair of the facilities within this Easement by
GRANTEE, its officers, employees, agents, successors, assigns, contractors or
volunteers except those caused solely and exclusively by the gross negligence or willful
misconduct of GRANTOR.
In the event the right, privilege and Easement herein assigned shall be abandoned and
permanently cease to be used for the purpose here in granted, all rights herein
assigned shall cease and revert to GRANTOR.
This Easement shall run with the land and shall inure to the benefit and be binding upon
the GRANTOR, the GRANTEE, and their respective successors and assigns.
GRANTOR:
4348 Lockwood Avenue LLC, a
California Limited Liability Company
By:
Prii
Dai
By -.—
Print -
Date:
GRANTEE:
City of Palm Springs, a California
charter city and municip corporation
4yu M"
By:
VVV\ Marcus L. Fuller,
Asst. City Manager/City Engineer
ATTEST
By:
James Thompson, City Clerk
APPROVED AS TO FORM
WOODRUFF, SPRADLIN & SMART
By:
Douglas C. Holland, Esq., City Attorney
APPROVED BY CITY COUNCIL
I�C •�\� a� �ilc�
me
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Michael L. Cole and Janet4�._Cole, husband
wife as joint Hants
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Date: rVlr��-C� 3{ zol6
By:
Print: ��,-}- �
Date- tv-z 1-,� °7 , ab) Lc
Jogesh Kumar Vashisht and Sunita Kumar
Vashisht, Trustees for the Vashisht Family
Revocable Trust Dated may 2, 2001 and
Restated May 4, 2010
By: vL
Print: '366, iS-,& K�kvv�
Date: , a b l c
Print: 1'SZL 100 A IZ.
Date: GIYe k
Accepted:
United States of America and
Department of the Interior Bureau
By:
Print. -
Date:
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
�r
COUNTY OF 1f�ta ) ss.
On r !� efore me, % Notary Public,
personally appeared c.-I G who
proved to me on the basis of s' isfactory evidence to be the person(s) whose name(s)
is/atve subscribed to the within instrument and acknowledged to me that he/s4e4hey
executed the same in his/heHthe'rr authorized capacity(ies), and that by his/h ii<
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.
RENEJOHNSON
WIT SS my hand a d official seal. _�`•, Commission # 2006487
Notary Public - California z
i Riverside County D
My Comm. Expires Mar 4. 2017
Signature My Commission Expires: Lo This area for official notarial seal
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STA FE OF CALIFORNIA )
COUNTY OF P,-k V ) ss.
r&A111101On�� � 1���'V,_before me,, � Notary Public,
personally appeared M i(Al ' Cif / 4 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/shefttT-y
executed the same in his/herltl`teir authorized capacity(ies), and that by his/heretr
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.
WITN S my han and fficial seal.
J—&f'o
Sign ure j
My Commission Expires: `
RENEJOHNSON
Commission # 2006487
�� Notary Public - California z
Z
' Riverside County D
My Comm. Expires Mar 4, 2017
This area for official notarial seal
r
. -i
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On VlAkJA -7, 2ZVD , before me, b� QA01 , Notary Public, personally
appeared -( Cou-: , who proved to me on the basis of
satisfactory evidence to be the ersonW whose name re sub crlbed to the within instrument
and acknowled a to me that�sh tpey executed the same in � !(tb(eir authorized capacityQ4,
and that by V<qe tWir signature(s) on the instrument the person(, or the entity upon behalf of
which the person 'V acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Sig ure
My Commission Expires: 12(2o ZdtG This area for official notarial seal
DELON CHOi
QCommission # 2001738
iallotary Public -California Z
Orange County D
My Comm. Expires Dec 20.2016
ME
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ) ss.
before me e4 �n� Notary Public,
personally appeared�� who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
4/are subscribed to the within instrument and acknowledged to me that hefshvIthey
executed the same in #fisher/their authorized capacity(ies), and that by his her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WIT ESS my hand )add official seal.
Signature Air
My Commission Expires:
RENEJOHNSON
Commission # 2006487
a ='� Notary Public - California z
z Riverside County D
My Comm Expires Mar 4, 2017
This area for official notarial seal
6��
WHEN RECORDED RETURN TO:
DAVID A. DARRIN, ESQ.
SCHLECHT, SHEVLIN & SHOENBERGER
A Law Corporation
801 E. Tahquitz Canyon Way, Suite 100,
Palm Springs, CA 92262
EXHIBIT "A"
DOC # 2008-0412633
07/29/2008 08:00A Fee:27,00
Page 1 of 7
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
440
When recorded return to:
CT Eagle, LLC, a Delaware limited liability company
20151 S. W. Birch, Suite 200
Newport Beach, CA 926620
ALLOTTED NO.: 90EA
R/W PLE NO.: 379 76
GRANT OF EASEMENT
The United States of America, acting by and through the Superintendent, Palm
Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs,
California, hereinafter referred to as "Granter," pursuant to the authority
delegated by 209 DM 8, 230 DM 1, and 31AM 4 and Sacramento Redelegation
Order No.1 (43 F.R. 30131, dated July 13, 1978). Pursuant to the provisions of the
Act of February 5, 1948 (62 stat 17, 25 U.S.C. §§ 323 - 328) for valuable
consideration, receipt of which is hereby acknowledged, and such consents as
required by the above said Federal law having been secured, hereby grants to
CT -Eagle, LLC, a Delaware limited liability company, hereinafter referred to as
"Grantee", an easement and right of way for the purposes of Flood Control,
maintenance and operation, with the right to construct and maintain flood control
channel in, over, across, along and upon lands located within the City of Palm
Springs, County of Riverside, State of California, and legally described as:
Located in Section 35, Township 4 South, Range 4 East, San Bernardino Base &
Meridian in the County of Riverside, State of California, more particularly
described as follows:
SEE EXHIBITS "A", "B"
ATTACHED HERETO AND BY ITS REFERENCE MADE A PART HEREOF AND
More particularly shown and delineated on the accompanying map, EXHIBIT
"A", & "B" and incorporated herein by this reference
Said easement contains approximately: 23,710.0 sq. ft. or ,545 acres m/I, this
easement is subject to:
A. Any Valid existing right or adverse claim:
B. The applicable terms and conditions contained in Part 169, Title 25, of
the Code of Federal Regulation, including the agreements in the
stipulation filed pursuant of Section 169.5 of that Part,
This easement is Without Limitation and is subject to any valid existing rights or
adverse claim so long as said easement shaft be actually used for the purpose
above specified:
11111 Jill 1111 ,,.;ve ,mom
PROVIDED, HOWEVER, that this easement shall be terminable in whole or in part
by the Grantor for any of the following causes upon thirty (30) days written notice
and failure of the within said notice period to correct the basis for termination.
(a) Failure to comply with any term or condition of the grant or the
applicable regulations contained in Part 169, Title 25 of the Code of
Federal Regulations.
(b) A nonuse of the right-of-way for a consecutive two (2) year period
for purpose for which it was granted
(c) A non use of the right-of-way.
(d) Failure of the Grantee, upon the completion of construction, to file
with the Grantor an affidavit of completion pursuant to 25 C.F.R.
169,16.
The conditions of this easement shall extend to and be binding upon and shall
inure to the successors of the Grantee.
IN WITNESS WHEREOF, Grantor executed this easement on 2008,
THE UNITED STATES OF AMERICA
The Secretary of the Interior
Superintendent
Bureau of Indian Affairs
Palm Springs Agency
Pursuant to the authority delegated by 209
DM 8, 230 DM 1, and 3 IAM 4 and Sacramento
Redelegation Order No. 1 (43 F.R. 30131,
Dated July 13, 1978).
IIIRYIIIII�IIMIII�IIMnIIIII�IIINI w 29/'��P`='a
EXHIBIT `A'
LEGAL DESCRIPTION
THAT PORTION OF LOT 73 OF TRACT NO. 16149 IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
116, PAGES 3 THROUGH 8, INCLUSIVE OF MAPS IN THE COUNTY RECORDER'S OFFICE
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
POINT OF COMMENCEMENT BEING THE SOUTH SIXTEENTH CORNER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, ALSO BEING THE
CENTERLINE OF SOUTH PALM CANYON DRIVE AS SHOWN ON SAID MAP; THENCE
PROCEEDING COINCIDENT WITH THE EASTERLY LINE OF SAID SECTION, ALSO BEING
THE CENTERLINE OF SAID DRIVE NORTH 00031'59" WEST, 190.98 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING COINCIDENT WITH LAST SAID LINE NORTH
00°31'59" WEST, 88,56 FEET; THENCE LEAVING LAST SAID LINE NORTH 71°01'19" EAST,
203.72 FEET; THENCE SOUTH 30°41'35" EAST, 128.93 FEET; THENCE SOUTH 65°36'18"
WEST, 71.89 FEET; THENCE NORTH 50008'15" WEST, 43.58 FEET; THENCE SOUTH
75006'54" WEST, 164.22 FEET TO THE EAST LINE OF SAID SECTION, ALSO BEING THE
CENTERLINE OF SAID DRIVE AND THE TRUE POINT OF BEGINNING.
CONTAINS AN AREA OF 0.545 ACRES, MORE OR LESS
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A
PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED
THIS Z'37-'° DAY OF JUNE, 2007.
i
E.P. OWALSKI, P.L.S. 8072
LICENSE EXPIRES 12/31/07
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LEGAL DESCRIPTION Of
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WITHIN THE CITY OF PALM SPRNDS
COUNT" OF RIVERSIDE. STATE OF CAFORNIA
AREA=0.545 AC
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PROJECT NO: 996.6100
DATE: 06/29/07
56
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi
Country of
On _(I� - z%- "-d- before me, , .—
Date •H Inser a a Tie O
personally appeared __ _
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CLAU MA A. SAl GADO
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who proved to me on the basis of satisfactory evidence to
be the person whose nameKis/.aresubschbed to the
within instrument and acknowledged to me that
helshefthtegr executed the same in his heOIA& authorized
capacityDesl, and that by histhe eir� signaturej#f on the
instrument the persort,4ts), or the entity upon behalf of
which the persan�K 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 h tnp and Qff icial seal.
�,441� �.4
Signature
Place Notary seal Above St 1 re of Nola
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
DescrUi on of Attached Document
Title or Type of5lQcument: _
Document Date:
Signer(s) Other Than Nam
Capacity(ies) Claimed by
Signer's Name:
Individual
G Corporate Officer —Title(s):
U Partner — 0 Limited ❑ General
0 Attorney in Fact
0 Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
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Number of
Signer's Name:
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Corporate Officer — Title(s):
0 P er — 0 Limited 0 General
❑ Attorn in Fact
0 Trustee
0 Guardian or Co ervator
0 Other:
Signer Is Representing:
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ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On April 19, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS CALIFORNIA, personally appeared MARCUS L. FULLER, who I
personally know is the ASSISTANT CITY MANAGER/CITY ENGINEER of the CITY OF
PALM SPRINGS whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his official and authorized capacity on behalf of the
City of Palm Springs, a California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this
19th day of April, 2016.
PA
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Signature:
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
Title or Type of Document:
ASSIGNMENT OF EASEMENT
APN 513-200-022
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DOKKEN
ENGINEERING
www.dokkenengineering.com
LETTER OF TRANSMITTAL
TO: City of Palm Springs DATE:
Public Works Department JOB NO:
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262 PROJECT:
SUBMITTAL: 4348 Lockwood Ave, LLC — APN 512-200-022
9/21/2021
1715
South Palm Canyon Road
Project
WE ARE SENDING
THESE ARE TRANSMITTED
VIA
❑ Shop Drawings
® For Your Use
❑ Overnight
❑ Copy of Letter
❑ As Requested
❑ I" Class
❑ Plans
❑ For Your Approval
® USPS
❑ Specifications
❑ For Review/Comment
❑ FedEx
® Other (Specify Below)
❑ Other (Specify Below)
❑ Other (Specify Below)
COPIES I DESCRIPTION
1 1 Assignment of Easement (Original Copy for Your Records)
REMARKS
If there are any questions, please feel free to contact me at (916) 858-0643
Sincerely,
Vanessa Cothran
Senior Right of Way Agent
Dokken Engineering
110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916 858-0642 • Fax: 916 858-0643
Recording Requested by:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
When Recorded Return to:
Same as above
Exempt from recording charges
Under Government Code 6103
DOC # 2021-0023878
01/13/2021 12:53 PM Fees: $0.00
Page 1 of 17
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 VICTORIA #411
-119,20.21 Project: South Palm Canyon Road
APN: 512-200-022
ASSIGNMENT OF EASEMENT
That for good and valuable consideration, the receipt and sufficiency where of is hereby
acknowledged, the 4348 Lockwood Avenue, LLC, a California Limited Liability
Company, as to an undivided twenty-six percent interest (26%) interest, Michael L. Cole
and Janet K. Cole, husband and wife as joint tenants, as to an undivided four percent
(4%) interest, and Jogesh Kumar Vashisht and Sunita Kumar Vashisht, Trustees for the
Vashisht Family Revocable Trust Dated may 2, 2001 and Restated May 4, 2010, as to
an undivided seventy percent (70%) interest, all as tenants in common ("GRANTOR"),
does hereby assign to the City of Palm Springs, a municipal corporation of the State of
California, it's successors and assigns ("GRANTEE"), all that certain acquired
easement rights for the real property situated in the County of Riverside, State of
California, as described in the document recorded July 29, 2008 as Instrument No.
2008-0412633, "Exhibit "A" attached hereto and incorporated herein.
This is an agreement of all rights and interests in and to the existing Grant of Easement
for Flood Control Purposes; more particularly described in Exhibit "A" (Easement).
GRANTOR does hereby covenant that is it granting this Easement only to the extent of
any interest in may have in the property.
To have and to hold unto GRANTEE the Easement herein described for the use and
benefit of the public as right of way flood control purposes, together with the right of
ingress and egress to permit the economical operations and maintenance of said flood
control project, including all incidental purposes consistent herewith.
The GRANTOR hereby conveys unto GRANTEE all warranties of title of any nature
whatsoever which GRANTOR and its successors possess.
The Easement shall at all times be maintained and repaired at the sole cost and
expense of the GRANTEE, its contractors, agents, successors or assigns.
STEWART TITLE has recorded this instrument
as an accommodation only. It has not been
examined as to its effect upon the tttle, no
examination of the title having been made. CO
Recording Requested by:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
When Recorded Return to:
Same as above
Exempt from recording charges
Under Government Code 6103
Project: South Palm Canyon Road
APN: 512-200-022
ASSIGNMENT OF EASEMENT
That for good and valuable consideration, the receipt and sufficiency where of is hereby
acknowledged, the 4348 Lockwood Avenue, LLC, a California Limited Liability
Company, as to an undivided twenty-six percent interest (26%) interest, Michael L. Cole
and Janet K. Cole, husband and wife as joint tenants, as to an undivided four percent
(4%) interest, and Jogesh Kumar Vashisht and Sunita Kumar Vashisht, Trustees for the
Vashisht Family Revocable Trust Dated may 2, 2001 and Restated May 4, 2010, as to
an undivided seventy percent (70%) interest, all as tenants in common ("GRANTOR"),
does hereby assign to the City of Palm Springs, a municipal corporation of the State of
California, it's successors and assigns ("GRANTEE"), all that certain acquired
easement rights for the real property situated in the County of Riverside, State of
California, as described in the document recorded July 29, 2008 as Instrument No.
2008-0412633, "Exhibit "A" attached hereto and incorporated herein.
This is an agreement of all rights and interests in and to the existing Grant of Easement
for Flood Control Purposes; more particularly described in Exhibit "A" (Easement).
GRANTOR does hereby covenant that is it granting this Easement only to the extent of
any interest in may have in the property.
To have and to hold unto GRANTEE the Easement herein described for the use and
benefit of the public as right of way flood control purposes, together with the right of
ingress and egress to permit the economical operations and maintenance of said flood
control project, including all incidental purposes consistent herewith.
The GRANTOR hereby conveys unto GRANTEE all warranties of title of any nature
whatsoever which GRANTOR and its successors possess.
The Easement shall at all times be maintained and repaired at the sole cost and
expense of the GRANTEE, its contractors, agents, successors or assigns.
STEWART TITLE has recorded this Instrument
as an accommodation only. It has not been
examined as to Its effect upon the title, no
examination of the title having been made. (1
GRANTEE agrees to indemnify, defend, and hold harmless GRANTOR from and
against any and all claims, demands, actions, judgments, settlements, liens, penalties,
injuries, losses, liability, costs, or expenses arising out of bodily injury of any person
(including death) or damage to the real or personal property of any person, but only to
the extent that such claims are caused by or related to the action or inaction, omission,
negligence, misconduct, or other fault of the GRANTEE, its officers, employees, agents,
successors, assigns, contractors or volunteers the exercise of GRANTEE'S right to
pursuant to the terms of this Easement or in any way caused by or related to the
installation, construction, maintenance or repair of the facilities within this Easement by
GRANTEE, its officers, employees, agents, successors, assigns, contractors or
volunteers except those caused solely and exclusively by the gross negligence or willful
misconduct of GRANTOR.
In the event the right, privilege and Easement herein assigned shall be abandoned and
permanently cease to be used for the purpose here in granted, all rights herein
assigned shall cease and revert to GRANTOR.
This Easement shall run with the land and shall inure to the benefit and be binding upon
the GRANTOR, the GRANTEE, and their respective successors and assigns.
GRANTOR:
4348 Lockwood Avenue LLC, a
California Limited Liability Company
Print:
Date:
GRANTEE:
City of Palm Springs, a California
charter city and munici corporation
Y.
Mm-LUS U . f-u t t er
4U1 Si** C+1 M1,hA5cr
ATTEST
By.
James Thompson, City Clerk
APPROVED AS TO FORM
WOODRUF , PRADLIN & S ART
By:
Douglas 0. Holland, Esq., City Attorney
APPROVED By CITY COUNCIL
•b•\b A� �
Michael L. Cole and Janet Cole, husband
wife as joi to an
By: n�
Print: Iv r ( C 4ct - CO �-e-
Date, A4ft(.H 3. 2ol y
PrintA�&-± WI c--
Date: �A o" �-I , 2-6) �
Jogesh Kumar Vashisht and Sunita Kumar
Vashisht, Trustees for the Vashisht Family
Revocable Trust Dated may 2, 2001 and
Restated May 4, 2010
By:
Print: �,�S�l bCuyv�ay V�SiN►�'�
Date: M y�:y6N, 3 , c`ko \ b
U 'ted States of America and
Der' rtment of the Interior Bureau
2
Print:
Date:
Print: isu2
Date: M <A v L. A "�:-) o f -4
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
ss.
COUNTY OF JR_I y'O—, SLq---)
On MALA 31 �� before me, R(24�� Notary Public,
personally appeared .. L nj e L C 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/s4efthey
executed the same in his/fir authorized capacity(ies), and that by his/he4r
signature(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 of California that the
foregoing paragraph is true and correct. RENE JOHNSON
7'rCommission # 2006487
WIT SS my hand an Aofficial seal. a " Notary Public California z
i Riverside County
My Comm. Expires Mar 4, 2017
Signature
My Commission Expires: �' This area for official notarial seal
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
ss.
COUNTY OF i1��t )
On I' hrj-�t )-'w 6, before me, P(?IA & ') l' 5� Notary Public,
personally appeared -7TQj1e 5h 4S h j 5 h+A- ijo- 6- fnilalj► h-rvho
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
RENEJOHNSON
WITNESS my hand and official seal.
al"�'
Signature
My Commission Expires:
Commission # 2006487
a =.e
Notary Public - California z
a
Riverside County D
My Comm. Expires Mar 4, 2017
This area for official notarial seal
ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Riverside
On March 3, 2016, before me Rene' Johnson, Notary Public, personally appeared
Jogesh Kumarvashisht & Sunita Kumarvashisht, who proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under Penalty of Perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
NOTARY SEAL
I CERTIFY UNDER PENALTY OF PERJURY
THAT THE ATTACHED COPY IS A TRUE
AND CORRECT COPY OF THE ORIGINAL
ATTACHED HERETO. PURSUANT TO
GOVERNMENT CODE 27361.7
DOCUMENT PROVIDED BY STEWART TITLE OF CALIFORNIA,INC / / NOTARYI DOC
S ART TITLE CA. INC. - RIVERSIDE
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ss.
r
On 3 �� efore e, n r'� Notary Public,
personally appeared � � 1,.. who
proved to me on the basis of s tisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/sheMieq
executed the same in his/herhheir authorized capacity(ies), and that by his/hef t'reir
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. '6� & - a - - -
RENEJOHNSON
WIT SS m hand d liclal seal. rxele Commission * 2006487
yananZm Notary Public - California z
z'' Riverside County D
My Comm. Expires Mar 4. 2017
Signature
My Commission4xpires: C I ` This area for official notarial seal
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF C)RAw - )
On V0%c:U -I, 2.01kn before me, 1 ` L. - CNoi , Notary Public, personally
appeared JAaek. Cote , who proved to me on the basis of
satisfactory evidence to be the person(6) whose name i /4fe subscribed to the within instrument
and acknowled ed to me that sh / ey executed the same in I�w/t� eir authorized capacity,
and that by s/he /tKeir signature on the instrument the persons), or the entity upon behalf of
which the personas`) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Sig re
My Commission Expires: I This area for official notarial seal
DELON CHOI
_ T'* Commission # 2001738
a Notary Public - California z
z ° ' Orange County
My Comm. Expires Dec 20, 2016
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On April 19, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS CALIFORNIA, personally appeared MARCUS L. FULLER, who I
personally know is the ASSISTANT CITY MANAGER/CITY ENGINEER of the CITY OF
PALM SPRINGS whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his official and authorized capacity on behalf of the
City of Palm Springs, a California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this
19th day of April, 2016.
�OQ?ALM S�p�
c
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Signature:
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
Title or Type of Document:
ASSIGNMENT OF EASEMENT
APN 513-200-022
A6841
EXHIBIT "A"
WHEN RECORDED RETURN TO:
DAVID A. DARRIN, ESQ.
SCHLECHT, SHEVLIN & SHOENBERGER
A Law Corporation
801 E. Tahquitz Canyon Way, Suite 100
Palm Springs, CA 92262
DOC # 2008-0412633
07/29/2008 08:00A Fee:27.00
Page 1 of 7
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
11111111111111111111111111111111111111111111111111 0�
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Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(S3.00 Additional Recording Fee Applies)
When recorded return to:
CT Eagle, LLC, a Delaware limited liability company
20151 S. W. Birch, Suite 200
Newport Beach, CA 926620
ALLOTTED NO.; 90EA
R/W FILE NO.: 379-76
GRANT OF EASEMENT
The United States of America, acting by and through the Superintendent, Palm
Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs,
California, hereinafter referred to as "Granter," pursuant to the authority
delegated by 209 DM 8, 230 DM 1, and 3 IAM 4 and Sacramento Redelegation
Order No.1 (43 F.R. 30131, dated July 13, 1978). Pursuant to the provisions of the
Act of February 5, 1948 (62 stat 17, 25 U.S.C. §§ 323 - 328) for valuable
consideration, receipt of which is hereby acknowledged, and such consents as
required by the above said Federal law having been secured, hereby grants to
CT -Eagle, LLC, a Delaware limited liability company, hereinafter referred to as
"Grantee", an easement and right of way for the purposes of Flood Control,
maintenance and operation, with the right to construct and maintain flood control
channel in, over, across, along and upon lands located within the City of Palm
Springs, County of Riverside, State of California, and legally described as:
Located in Section 35, Township 4 South, Range 4 East, San Bernardino Base &
Meridian in the County of Riverside, State of California, more particularly
described as follows:
SEE EXHIBITS "A", "B"
ATTACHED HERETO AND BY ITS REFERENCE MADE A PART HEREOF AND
More particularly shown and delineated on the accompanying map, EXHIBIT
"A", & "B" and incorporated herein by this reference
Said easement contains approximately: 23,710.0 sq. ft. or .545 acres m/I, this
easement is subject to:
A. Any Valid existing right or adverse claim:
B. The applicable terms and conditions contained in Part 169, Title 25, of
the Code of Federal Regulation, including the agreements in the
stipulation filed pursuant of Section 169,5 of that Part.
This easement is Without Limitation and is subject to any valid existing rights or
adverse claim so long as said easement shall be actually used for the purpose
above specified:
IYI��INII�ItlI�IIGWInN�IWIIN .S/200�=: 00.—
PROVIDED, HOWEVER, that this easement shall be terminable in whole or in part
by the Grantor for any of the following causes upon thirty (30) days written notice
and failure of the within said notice period to correct the basis for termination.
(a) Failure to comply with any term or condition of the grant or the
applicable regulations contained in Part 169, Title 25 of the Code of
Federal Regulations.
(b) A nonuse of the right-of-way for a consecutive two (2) year period
for purpose for which it was granted
(c) A non use of the right-of-way.
(d) Failure of the Grantee, upon the completion of construction, to file
with the Grantor an affidavit of completion pursuant to 25 C.F.R.
169,16.
The conditions of this easement shall extend to and be binding upon and shall
inure to the successors of the Grantee.
IN WITNESS WHEREOF, Grantor executed this easement on 2008,
THE UNITED STATES OF AMERICA
The Secretary of the Interior
Superintendent
Bureau of Indian Affairs
Palm Springs Agency
Pursuant to the authority delegated by 209
DM 8, 230 DM 1, and 3 IAM 4 and Sacramento
Redelegation Order No. 1 (43 F.R. 30131,
Dated July 13, 1978).
EXHIBIT `A'
LEGAL DESCRIPTION
THAT PORTION OF LOT 73 OF TRACT NO. 16149 IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
116, PAGES 3 THROUGH 8, INCLUSIVE OF MAPS IN THE COUNTY RECORDER'S OFFICE
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
POINT OF COMMENCEMENT BEING THE SOUTH SIXTEENTH CORNER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, ALSO BEING THE
CENTERLINE OF SOUTH PALM CANYON DRIVE AS SHOWN ON SAID MAP; THENCE
PROCEEDING COINCIDENT WITH THE EASTERLY LINE OF SAID SECTION, ALSO BEING
THE CENTERLINE OF SAID DRIVE NORTH 00031'59" WEST, 190.98 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING COINCIDENT WITH LAST SAID LINE NORTH
00'31'59" WEST, 88.56 FEET; THENCE LEAVING LAST SAID LINE NORTH 71°01'19" EAST,
203.72 FEET; THENCE SOUTH 30°41'35" EAST, 128.93 FEET; THENCE SOUTH 65036'18"
WEST, 71.89 FEET; THENCE NORTH 50°08'15" WEST, 43.58 FEET; THENCE SOUTH
75006'54" WEST, 164.22 FEET TO THE EAST LINE OF SAID SECTION, ALSO BEING THE
CENTERLINE OF SAID DRIVE AND THE TRUE POINT OF BEGINNING.
CONTAINS AN AREA OF 0.545 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A
PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY.
THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED
THIS 29T" DAY OF JUNE, 2007_
qEPOOWALSKI,ZP.LS.81072-"
LICENSE EXPIRES 12/31l07
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PAGE I OF 1
12633
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50' EASEMENT PER INSTRUMENT NO
99698 RECORDED AUGUST 13, 1964
AND INSTRUMENT N0. 64591
RECORDED JUNE 22, 1966.
I TRACT NO. 16149 y
LOT 73
T.P.O.a. M.B. 116/3-8
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P.O.C. I iS 1/16CORNER
34 35T4S„ R4E, A_
BOGERT TRAILrn
60' WIDE EASEMENT PER INSTRUMENT
NO. 99699 RECORDED AUGUST 13..
1964 AND INSTRJMENT NO. 64591
RECORDED ,TUNE 22, 1966.
IN
LEGEND: f i SBA& I �
CENTER LINE - °-,A��Fo
EASEMENT LINE — — — — ��
LEGAL DESCRIPTION AREA AREA=0.545 AC.
C
VA CC* s TG N. rip REVi90N DATE:
CIVIL ENGMERS RE X "� B' PROJECT NO: S98.6100
LAND 9:XVEYORS LAND PLANNERS SKETCH TO ACCOMPANY DATE: 06/29/07 =56'
LEGAL DESCRIPTION Of
STORM DRAIN EASEMENT PROJ MGR: EPKVAO-� PAGE
V601 CARTWRICHT ROAD phi WT)IIN THE CITY Of PALM SPRINGS SURVEYOR: EPK
HtVINE, CA 92614 COUNT OF RIVERSIDE. STATE OF CALFORNIA '
GRAFTER: TCE
State of CMe4�__
County of
On (P — before me,
Dale H loser a e a Tie 1 Olfi
personally appeared _ _ -
amek of ner
CLAUOIA A. MI GADO
commluion • 1766729
Notary Public - CatlFoMla
Rtve sWe County
Cafnes�. OId7 1
who proved to me on the basis of satisfactory evidence to
be the personj* whose name,(.e'f istare- subscribed to the
within instrument and acknowledged to me that
heishe/they executed the same in hisAieOP,*ir authorized
capacityji;, j, and that by hisA�e� signatureXon the
instrument the person;(), or the entity upon behalf of
which the personal 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 han andafficial seal.
-
Dlace Notary Seal Above Signature Si oat re of taTy PU7/
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
of Attached Document
Title or Type
Document Date:
Signer(s) Other Than N
Capacity(ies) Claimed by
Signer's Name:
❑ Individual
Ci Corporate Officer — Title(s): —
O Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
Number of
Signer's Name:
❑ Individual
Corporate Officer — Title(s):
P er — ❑ Limited ❑ General
• ❑ Attorn in Fact •
Top of thumb here Top of thumb here
❑ Trustee
❑ Guardian or Co ervator
❑ Other: _-
Signer Is Representing:
02007 N.I./al Notary Association • 9350 Do Solo Ave- 00.6o> 2402 •CWtsworth. CA 91313-2402-www-Nationalhotary.ora Item a5907 Reorder: Call Toll -Free
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THAT THE ATTACHED COPY IS A TRUE
AND CORRECT COPY OF THE ORIGINAL
ATTACHED HERETO. PURSUANT TO
GOVERNMENT CODE 27361.7 /7
TrART TITLE CA, INC. - RIVERSIDE
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