HomeMy WebLinkAboutA7268 - EIGHTEEN SAC SELF-STORAGE CORPORATION - RECORDED GRANT DEED & TEMPORARY CONSTRUCTION EASEMENT APN 680-190-031 F —Um.
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way• Palm Springs,California 92262
'q4/FORN� Tel:(760)323-8253 • Fax:(760)322-8360•Web:www.palmspringsca.gov
TRANSMITTAL
DATE: November 27,2019
TO: City Clerk
FROM: Vonda Teed, Engineering Administrative Secretary vIN�, w zej
for Marcus L. Fuller,Assistant City Manager/City Engineer
SUBJECT: Recorded Grant Deed and Temporary Construction Easement APN 680-190-
031,Eighteen Sac Self-Storage Corporation (A7268), City Project No. 08-25,
Ramon Road Widening—San Luis Rey Drive to Landau Blvd.
Message: Enclosed please find the recorded original Grant Deed and Temporary
Construction Easement for the subject project for your records. If you have any
questions, please do not hesitate to contact Marcus L. Fuller, Assistant City
Manager/City Engineer, (760) 322-8380.
I
Enclosures: APN 680-190-031 Grant Deed
Temporary Construction Easement
cc: Project File
DOC # 2019-0479624
11/20/2019 12:46 PM Fees: $0.00
Commonwealth Land Title Company Page 1 of 8Recorded in Official Records
RECORDING REQUESTED BY County clana
Riverside
Cityof Palm Springs Peter sor-Co
Assessor-County Clerk-Recorder
WHEN RECORDEn RETURN TO:
"This document was electronically submitted
City Clerk to the County of Riverside for recording"
City of Palm Springs Receipled by: LISA#580
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording fees
under overnment Code§6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
(RAMON ROAD)
APN: 680-190-031 T d l 1_t7 SZ
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.
GRANTOR:
EIGHTEEN SAC SELF-STORAGE
CORPORATION, A NEVADA
CORPORATION
Dated: /Z 2 9//!e By:
Its: u
By:
Its:
S
Commonwealth Land Title Company
RECORDING REQUESTED BY
City of Palm Springs
WHEW RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Exempt from recording fees
under overnment Code§6103
zp2-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
(RAMON ROAD)
APN: 680-190-031 �2A o l 1-E7 SZ
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.
GRANTOR:
EIGHTEEN SAC SELF-STORAGE
CORPORATION, A N ADA
CORPORATION
Dated: f 7 9// By:
Its: IX4c —
By:
Its:
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 A2(2_dh/4
County of / oaLL u A }� ,-/
On 1 /29 ! L9 before me, 60 V D lVae( /(h4 A/L v
Date Name,Title of Officer
personally appeared J B2 S12oeN
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. =006
N o NOEtubllt•Arizonaapa Countyzlon p 54fi632xpires 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 CT'e/d'-'jf .VeCq
MUST BE ATTACHED p /
TO THE DOCUMENT Number of Pages f DATE of DOCUMENT lZo/l/q
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.
RIGHT-OF41h:Y 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. 20.01-652970, OF
RIVERSIDE COUNTYRECORDS, 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 88-35'02" 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 680490-031 EIGHTEEN SAC SELF STORAGE CORP.
RIGHT=OF-WAY DEDICATION .
AS DEPICTED ON EXHIBIT "B" ATTACHED-HERETO AND MADE A PART HEREOF.
-
PREPARED BY OR UNDER THE:DIRECTION OF:
.. _ 8 IL HARpIS
CHARLES.R. HARRIS P.L.& 4989
. ., .No.40 9 .1.
DATED: /7 OFcw�
20F2
Exhibit "B"
DEPICTION OF THE AREA
EXHIBIT., °B'
RIGHT-OF-WAY:
P.O.C. APN 080-180-031 EIOHTEEN- SAO SELF"3TORAOE CORP.
NK CGR SEC. 21. T.3S., R.SE., SBt1
SEC. 21
17 6 . - - - - - _- - = - - -- - .—
_L1. _ _ RAMON ROAD, . _ _
N'LY SEC. LINE - -
2� 21 C/L SCE ESMT: PER BOOK 564
T.P.O.B. I� /W' AREA PAGE 224 REC. 01/15/1923, O.R.
R/W AREA I r26 SQ. FT. S'LY R/W LINE InIII I
NW COR. I >
J PAR. 1 v� 1cc
m T
` L4 N'LY LINE OF o f
PARCEL 1 p I
OI
EIGHTEEN SAEL C SELF uJ
J STORAGE CORP. Z
PER DOC. # 2001-652970
REC. 12/31/2001, O.R. V
APN: '680-190-031 30'
LINE DATA
NO. : BEARING : -LENGTH
L1 N 89'55'50" E 323.11'
L2 S OD'16'00" E 5570
L3 N 89'55 56 E 138.67
L4 S 88'35 02" .W 138.70'
L5 '' N OD'16'00". W .3.26' .
LA&O
OPP10 R.
No. 4989
q
0' 60' 120' OF C
SCALE 1"=66' DATED: /�/ 17
VISA CONSULTING, INC.
PROJECT NAME: RAMON ROAD
CITY PROJECT NO.. 08-25 PLANNING ■ Crvn. ENGwmim
LAND SURVEYING
HIS 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 1
epLM SA
A. -ti CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
* 3200 E. Tahquitz Canyon Way
Palm Springs, CA.92262
C, °°°"° p (760) 323-8204
FORN�
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 2nd day of May, 2019.
MITHw
ONY J. MEJIA, MMC
City Clerk, City of Palm Springs
.1v ov.x�ve.
LARRY W.WARD Recorder
P.O.Box 751
* COUNTY OF RIVERSIDE Riverside,CA 92502-0751
Y yr ( ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
Website:w .riversideaccwm
0 DOCUMENTARY TRANSFER TAX AFFIDAVIT
WARNING
ANY PERSON WHO MARES 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 1S SUBJECT TO PROSECUTION FOR SUCH OFFENSE.
ASSESSOR'S PARCEL NO. 680 -- 190 - 031 I declare that the documentary transfer tax for this
Property Address: Vacant Land APN 680-190-031,Palm Springs 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 FROMDOCUMENTARYTRANSFER TAX BECAUSE: (The
Sections listed below are taken from the Revenue and Taxation Code. Please check one or explain in "Other".)
I. _Section 11911. The document is a lease for a term of less than thirty-five(35)years(including options).
2. _Section 11911. The easement is not perpetual,permanent,Or for life.
3. _Section 11921. The instrument was given to secure a debt.
4. 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 between legal entities,
and does not change the proportional interests held.
6. _Section 11926. The instrument is from a trustor to a beneficiary, in lieu of foreclosure,and no
additional consideration was paid.
7. _Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the
foreclosing beneficiary does not exceed the unpaid debt.
8. _Section 11927. The conveyance relates to a dissolution of marriage or legal separation.
9. _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.
10. _Section l 1930. The conveyance is to the grantor's revocable living trust.
11. _Other(Include explanation and authority)
I DECLARE UNDER PENALTY OFPERJURY THAT THE FOREGOING IS TRUEAND CORRECT.
Executed this 19 day of November 20 19 at Newport Beach CA
OV l 9 State
�.,//„U„l II Carly Beard
Signature ofA t t Printed Name ofAtBant
Commonwealth Land Title 4100 Newport PI Dr St 120 NB CA 92660
Name of Firm(if applicable) Address ofAftiant
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.)
For Recorder's Use:
Affix PCOR Label Here
ACR 521P-AS4EXo(Rev.11/2010) Available in Alternative Formats
DOC #2019-0479625
r 11/20/2019 12:46 PM Fees: $0.00
Commonwealth Land Title Company Page 1 of 8
Recorded in Official Records
County of Riverside
RECORDING REQUESTED BY: Peter Aldana
City of Palm Springs Assessor-County Clerk-Recorder
WHEN RECORDED RETURN TO:
- .. "This document was electronically submitted
City Clerk to the County of Riverside for recording**
City of Palm Springs Receipted by:LISA.#580
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
Exempt from recording fees
under Government Code§6103
APN:580-190-031 (Space above this line reserved for Recorder's use)
TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration receipt of which is hereby acknowledged, EIGHTEEN SAC
SELF-STORAGE CORPORATION, A NEVADA 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 fea,s1^ibl�e., unless otherwise agreed to by the Grantor.
Executedthis'M_day of ��.. , ?O_q
GRANTOR: EIGHTEEN SAC SELF-STORAGE CORPORATION, A NEVADA
CORPORATION
By: By:
Its: Its: UIY.t — stdUn�1`
Commonwealth 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
`lyvz b z3
APN:680-190-031 (Space above this line reserved for Recorder's use)
TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration receipt of which is hereby acknowledged, EIGHTEEN SAC
SELF-STORAGE CORPORATION, A NEVADA 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 b) Utvk, 20 I
GRANTOR: EIGHTEEN SAC SELF-STORAGE CORPORATION, A NEVADA
CORPORATION
By: By:
Its: Its: V Ott_ SJLWa
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies oniv the'daii54 cf the _ - -
individual who signed the document to
which this certificate is attached,and not the
truthfulness,accuracy or validity of that
,I document.
State of Ata.2,ame
County of M/a2ft Cd'/dH .
On (z`'l ki before me, K iU /Uac� Madio-R y
Date Name,Title of Officer
personally appeared J rf Al J7w&/u
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.
Notary
Public
DNOEL
Notary Public-Arizona
C Madcopa County
Commission p 546632
S attire Of Notary �* My Comm.Expires Jun 6,2022
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 &1vs-k4w,,i cW 49a[Pm 6"- _
MUST BE ATTACHED /
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
t
i
f
Exhibit"A"
LEGAL DESCRIPTION:OF THE EASEMENT AREA
(See Attached)
Temporary Construction Easement Agreement
Exhibit"A"
EXHIBIT "A"
LEGAL DESCRIPTION
APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT 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 89"55'50" 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 00616'00" EAST, A DISTANCE
OF 58.26 FEET TO A POINT ON THE WESTERLY LINE OF SAID DOCUMENT, ALSO
BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 88635'02" EAST,A DISTANCE OF 138.70 FEET;
THENCE NORTH 89055'50" EAST,A DISTANCE OF 145.36 FEET:
THENCE SOUTH 54025'59" EAST,A DISTANCE OF 30.76 FEET;
THENCE SOUTH 00616'00" EAST, A DISTANCE OF 0.17 FEET;
THENCE NORTH 54025'59"WEST,A DISTANCE OF 32.77 FEET:
THENCE SOUTH 89055'50"WEST, A DISTANCE OF 130.45 FEET;
THENCE SOUTH 00"04'10" EAST, A D19TANCE OF 5.00 FEET;
THENCE SOUTH 89055'50"WEST, A DISTANCE OF 13.18 FEET;
THENCE SOUTH 88035'02" WEST, A DISTANCE OF 138.78 FEET TO A POINT ON
SAID WEST LINE;
THENCE ALONG SAID WEST LINE NORTH 00016'00" WEST, A DISTANCE OF 10.00
FEET, TO THE TRUE POINT OF BEGINNING;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
TEMPORARY CONSTRUCTION EASEMENT
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF—
WAY OF RECORD.
CONTAINING 2,335 SQUARE FEET OR 0.054 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT"B"ATTACI I[D 1 IGRCTO AND MADC A PART I ICRCOr.
PREPARED AY OR UNDER THE DIRECTION OF:
(J/cumeaaw""'
xo. oea
CHARLES R. HARRIS P.L.S.4989OF
�*
DATED- 12 /7
2OF2
Temporary Construction Easement Agreement
Exhibit"A"
Exhibit"A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
(See Attached)
Temporary Construction Easement Agreement
Exhibit"A"
}
Exhibit"B"
DEPICTION OF THE EASEMENT AREA
EXHIBIT °B°
TEMPORARY CONSTRUCTION EASEMENT
APN 880-190-091 EIGHTEEN SAC SELF STORAGE CORP.
SEC, 21, T.4S., R.5E., SBM
P.O.C.
NW COR. OF
SEC. 21
1710
�R MONROA0_ -
20 21 �f /`
a hl /I� �
> 1 T.P.O.B. N BB-15.02' E 138.70' ti
LJU I TCE AREA N B9'55'50' E 145.36'
�5 59*5550 W 130;A5'�
m� 5 8fr3502' W 138.78 -� L7 LB TICE AREA
a 2.335 SO. Fr. 1 p
z 0.054 AC. 30,
Q 1J
� W. LINE
PARCEL 1 E09EEN SAL SELF z
STORAGE CORP. G
PER DOC. f 2001-652970 ti
�I PEG, , 680-1901, O.R
APN: 680-1001, O.
PARCEL I
LINE DATA
NO. BEARING LENGTH
Ll N 89'S5 50 E 323-11
L2 S 00'1800 E SB.26
LS S 59 E 76 00.16 TI
LA S 00'1600" E 6. 7
L5 N 5V25W04'5910 W TOO
L7 5 DO'O�ID E 5.00
L7 S 89'55 50 w 13.18 R.
LB N OPIfi 00 W 10.00
12U' �OF
DATED: .
SCALE I"o60'
TEMPORARY CONSTRUCTION EASEMENT
Q R/',V PER SEPARATE DOCUMENT
PROJECT NAME: RAMON ROAD MSA CONSUL INC.
CITY PROJECT NO, 08-25 PLANNING•LAND SLJAuRCTVlL E ENGI NGINEERING
YEYING
H'S PLAT 15 AN NO IN LOCATING IME PARCEL(S)
ESCRIBED IN 7HE PRECEDING OOCUMENr, ALL PRIUARY
Ll5 ARE LOCArO IN.THE WRfiPsl DESCRIPTION'. J.N. 1963 Or I
Temporary Construction Easement Agreement
Exhibit"IT'
City of Palm 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
TEMPORARY CONSTRUCTION EASEMENT
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 AL day of
M�q , 2019, pursuant to authority granted by the City Council of said City,
by Resolution No. 20255 made on the 16a' 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 day of , 2019.
PALM g
;OQ pQi
~ c
ANTHONY ' EJIA
cq�/FOaN�P City Clerk
i. `moo d OF x,r�gso Recorder
LARRY W. WARD P.O.Box 751
* COUNTY OF RIVERSIDE Riverside,CA 92502-0751
" ASSESSOR-COUNTY CLERK-RECORDER (951)4867000
'o Website:w .riversideacrcom
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 - 031 I declare that the documentary transfer tax for this
Property Address: Vacant Land APN 680-190-031,Palm Springs 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 BECAUSE: (The
Sections fisted below are taken from the Revenue and Taxation Code. Please check one or explain in "Other".)
I. —Section 11911. The document is a lease for a term of less than thirty-five(35)years(including options).
2. _Section 11911. The easement is not perpetual,permanent,or for life.
3. _Section 11921. The instrument was given to secure a debt.
4. 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 between legal entities,
and does not change the proportional interests held.
6. _Section 11926. The instrument is from a trustor to a beneficiary,in lieu of foreclosure,and no
additional consideration was paid.
7. _Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the
foreclosing beneficiary does not exceed the unpaid debt.
8. _Section 11927. The conveyance relates to a dissolution of marriage or legal separation.
9. _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.
10. _Section 11930. The conveyance is to the grantor's revocable living trust.
11. _Other(Include explanation and authority)
I DECLARE UNDER PENALTY OFPERJURY THA T THE FOREGOING IS TRUE AND CORRECT.
Executed this 19 day of November ,20 19 at Newport Beach CA
City state
L Carly Beard
Signature ofA iai Printed Name ofAniant
Commonwealth Land Title 4100 Ne QEt PI Dr St 120 NB CA 92660
Name of Firm(if applicable) Address of ARant
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.)
For Recorder's Use:
Affix PCOR Label Here
ACR 521 P-AS4EX0(Rev.I II2010) Available in Alternative Formats
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
PROJECT: Ramon Road Wideninq Project
Federa! Project No. BHLS-5282(040)
APN(s): 680-190-031
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is
hereby made this �Ly dday of , 20_n_, 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", EIGHTEEN SAC SELF -
STORAGE CORPORATION, A NEVADA 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) 680-190-031, (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)
680-190-031 for all purposes necessary to facilitate and accomplish the
construction and installation of various public street improvements ("Temporary
Temporary Construction Easement Agreement ORIGINAL DID
Page 1 of 5 ANDIGR AGREEMENT
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 2,335 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 Grantor's land by City, but before its
relinquishment to Grantor, debris generated by City's use will be removed and
the surface will be graded, if applicable, and left in a neat condition.
6. 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 2of5
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:
Eighteen Sac Self -Storage Corporation
1250 E. Missouri Ave.
Phoenix, AZ 85014
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 3of5
jointly and severally liable thereunder in accordance with Civil Code Section
1468.
14. City shall pay to Grantor the total sum of Thirty -One Thousand Seven
Hundred Eighty -Three dollars and no cents ($31,783.00), (the "Rental
Price"), for the right to enter upon and use Grantor's land in accordance with the
terms hereof. Applicable compensation for property improvements located in the
TCE area is included in rental price above. Grantor hereby expressly and
unconditionally waives any and all claims for 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.
[SIGNATURE PAGE FOLLOWS]
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
F
David H. ReadY, Y na9 Cit er
ATTEST:
B6.-- ✓�
Anthony r
APPROVED AS TO FORM:
By:
' s ' y Attorney
3��rrt� �• �' aa1�,�P.r
Exhibit List
GRANTOR:
EIGHTEEN SAC SELF -STORAGE
CORPORATION, A NEVADA
CORPORATION
By:
Its:
0
Its:
Exhibit A -- Legal Description of the Easement Area
Exhibit B -- Depiction of Easement Area
APPROVED BY CITY COUNCIL
em 1.V aiog
Temporary Construction Easement Agreement
Page 5 of 5
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 A 2 %2 cl^(A )
ss.
COUNTY OF M i
On 6129 I2a19 before me, ke v/n/ b. Vae I , Notary
Public, personally appeared
S�u�rr M. S'60"-N , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
My Commission Expires: 412- -
notarial seal
aat tf�=Expires
OEL
a7 4 Arizona
unty
546632
r' e. Jun 6, 2022
This area for official
Temporary ConstructionEasement Agreement
Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
(See Attached)
Temporary Construction Easement Agreement
Exhibit "A"
EYHREPT "A"
LEGAL DESCRIPTION
APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT 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 89°55'50" 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 00'1600" EAST, A DISTANCE
OF 58.26 FEET TO A POINT ON THE WESTERLY LINE OF SAID DOCUMENT, ALSO
BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 88"35'02" EAST, A DISTANCE OF 138,70 FEET;
THENCE NORTH 89055'50" EAST, A DISTANCE. OF 145,36 FEET;
THENCE SOUTH 54025'59" EAST, A DISTANCE OF 30.76 FEET;
THENCE SOUTH 00"16'00" EAST A DISTANCE OF 0.17 FEET;
THENCE NORTH 54025'59" WEST, A DISTANCE OF 32.77 FEET:
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 130,45 FEET;
THENCE SOUTH 00004'10" EAST, A DISTANCE or 5.00 FEET;
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 13.18 FEET;
THENCE SOUTH 88°35'02" WEST, A DISTANCE OF 138.78 FEET TO A POINT ON
SAID WEST LINE;
THENCE ALONG SAID WEST LINE NORTH 00`16'00" WEST, A DISTANCE OF 10.00
FEET, TO THE TRUE POINT OF BEGINNING.
1 OF 2
Temporary Construction Easement Agreement
Exhibit "A"
E'v"% !BIT "A"
LEGAL DESCRIPTION
APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
TEMPORARY CONSTRUCTION EASEMENT
SUBJECT TO EXISTING EASEMENTS, COVENANTS. RIGHTS AND RIGHTS -OF -
WAY OF RECORD,
CONTAINING 2,335 SQUARE FEET OR 0.054 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACI IED I ICRETO AND MADE A PART HEREOF.
PREPARED SY OR UNDER THE DIRECTION OF:
g CFMRLES R NAMIS
CHARLES R. HARRIS P.L.S. 4989 ,g^ NO 4089
9
OF C
DATED: /2//7 f
20F2
Temporary Construction Easement Agreement
Exhibit "A"
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
EXHIBIT 'PB"
TEMPORARY CONSTRUCTION EASEMENT
APN 880-190-031 E04TEEN SAC SELF STORAGE CORP.
SEC. 21, T.4S., R.5E., SSM
P.C.C.
NW COR. OF
SEC. 21
1716
Li� _
20 21
I T.P.0.11
W I TCE AREA
O Tm
0
Q
J
N 88'35'02" E 138.70' ",- N 89
�S 8
S 88'35 02' W 138.78 L7
0
-W. LINE
PARCEL 1 EIGHTEEN SAC SELF
STORAGE CORP.
PER DOC, # 2001-652970
REC. 12/31 /2001. O.R.
APN: 680-190-031
PARCEL 1
LINE DATA
NO.
BEARING
LENGTH
U
N 89'55 50 E
323.11
L2
S 00' 16 00 E
9.26
l3
S 54'25 59 E
30.76
L4
S DO- 16 00- E
6.17
L5
N 54'25'59 W
32.77
L6
IS 00'04 10 E
5.00
L7
IS 89'55 SO w
13.18
LB
N 00'18 00 W
10.00
U w, 7 2U'
SCALE 1 "=69'
t r R1'W PER SEPARATE DOCUMEN`
PROJECT NAME: RAMON ROAD
CITY PROJECT NO, 08-25
145.36'
TCE AREA -/ J
2,335 SO. FT,
0.054 AC. 30'
DATED: %Z / -7
TEMPORARY CONSTRUCTION EASEMENT
MSA CONSULTING, INC.
PLANNING • CIVIL ENGINEERING
LAND SURVEywo
J.N. 1963 SHEET 1 OF 1
Temporary Construction Easement Agreement
Exhibit "B"
Project: Ramon Road Widening Project
Project No.: Federal Project No. BHLS 5282 (040),
",rN: 680-190-C31
RIGHT OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR CONVEYANCE OF REAL PROPERTY � AND ESCROW
I -
INSTRUCTIONS, (the "Agreement"), is made and entered into as of O C4 , 2011, by
and between the City of Palm Springs, a California charter City nd municipal
corporation, ("Buyer"), and EIGHTEEN SAC SELF -STORAGE CORPORATION, A
NEVADA 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) 680-190-031, (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,
hereditaments, easements, easement rights, rights to half -widths of all adjacent public
Right -of -Way Agreement for Conveyance of Real Property and Escrow Inffid
� ��D
Page 1 of 15 RN4
1079714.1
ANDIGR AGREEMENT
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 TwoThousand Nine Hundred Thirty -Eight Dollars and Zero Cents
($2,938.00) 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 Opening 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
forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict
Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions
Page 2 of 15
1079714.1
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 Closinq Date: Conditions Precedent to Close of Escrow. Provided all of the
conditions precedent setforth 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 July 1, 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 inthe
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 Buyers 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
(t) 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
and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if
unpaid at the close of this transaction.
Right -of -Way Agreement for Conveyance of Real Property and Escrow Instructions
Page 3 of 15
1079714.1
2.3.2 Conditions to Seller's Obligations. The Close of Escrow and Seller's
obligation tc soll-and convey the Rights-of-`.Nwy arc subjei,t 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
1079714.1
(c) Subject to Section 2.5.1 below, a Withholding Exemption
Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662
(the "Mit;. � .cEdshg 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 Closing.
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 Seller 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.
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3. ACTIONS PENDING CLOSING.
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 Policv. 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
convey its interest or any portion of its interest in the Property, or any portion thereof, or
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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
c; ,d acted at or materials deli�rerod to or for too Proosirts 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 about the 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
Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor
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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 o"s, c!cctrical transfcrmers or cthcr s;,-u p.ment, and (e) therc 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, orthe 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
work performed or commenced prior to the date of this Agreement or relating to the
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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, ar'i,; nq f, om cr relating to any s::z;h Eicn or any licn, claimed against th;:
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
herein (whether delivered prior to, simultaneously with, or subsequent to the execution of
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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
t. ��.cwct Ecn contemplated hers: v.
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 other from 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 Seller which 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
payable in connection with this transaction. Buyer and Seller each agree to indemnify and
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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 'tho indemnifying party. Notwithstanding - antithing to the- contrwry
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,
covenants, conditions or provisions of this Agreement, or the application thereof to any
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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 docs not matefia!ly adversely affect the banefits-a^cruing 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 any way 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. Assignment. 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.
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
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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. Fedc, Gr E-press), d0vered', y mail, sent by registci ad cr ccrtified mail, retuM. recaipt
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: Eighteen Sac Self -Storage Corporation
1250 E. Missouri Ave.
Phoenix, AZ 85014
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. Survivabilitv. 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.
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
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complete acquisition cost of the Property. Buyer is in compliance with the California
Relocation Assistance and Real Property Acquisition statutes and guidelines and the
Jnifo pelocation Aszistance and Real Propertv Acquiait:^n Policies for Fedaral 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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
first above written.
BUYER:
^ 'Y OF PALM SPRINGS, s Califo`nia
charter city and municipal corporation
David H. Ready, City ager
ATTEST:
By:
Anthony Jerk
SELLER:
Fat ': : —i LIEN SAC 'SEL STORAGE
CORPORATION, A NEVADA
CORPORATION
By: SA=
Its: \_ I .-L&—P ry$ I
M
Its:
APPROVED AS TO FORM:
-3
By:
City Attorney
3a�rir 5. i�3alti ng�r
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
L011 fngR
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Page 15 of 15
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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.
• :�.[. u G
County of /V?Ag 1; c_g�jn /I//
On t 1.2-°! t before me, &JAI A, Vcc( v
Date Name, Title of Officer
personally appeared
u�ere� s7w cti
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.
Sig ure of Notary
KEVIN D NOEL
Notary Public - Arizona
ION*
Maricopa County
Commission # 546632
My Comm. Expires Jun 6, 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 ki AT o'F l✓,ey�,eee�ufi
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT Ic9
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
1079714.1
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:
1079714.1
COMMONWEALTH LAND TITLE
By:
Name:
Its:
Exhibit "A-1"
to the Grant Deed
LEGAL DESCRIPTION OF THE RIGHT OF WAY
Exhibit "A"
1079714.1
EXHIBIT "A"
LEGAL DESCRIPTION
APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
RIGHT-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 89055'50" 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-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
DATED:
P.L.S. 4989
20172
cwuaFs a wins
y No. 4969 1, !
��QF
Exhibit "B-1"
to the Grant Deed
DEPICTION OF THE RIGHT OF WAY
Exhibit "B"
1079714.1
EXHIBIT 'vB•
RIGHT-OF-WAY
P.O.C. APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
NW COR. SEC. 21, T.4S., R.5E., SEIM
SEC. 21
L1 _ _ _ RAMON ROAD
20 21 N'LY SEC. LINE �C/ L SCE ESMT. PER BOOK 564
I
T.P.O.B. 0 /fly AREA PAGE 224 REC. 01/15/1923. O.R.
> I R/W AREA I 226 SQ. FT. S'LY R/W LINE W I
NW COR. I
PAR. 1 L3 J Q
D
m L4 NTY LINE OF/o
PARCEL i p
pl
Q EIGHTE NCEL SACI SELF w
STORAGE CORP. 13
13
PER DOC. # 2001-652970 Z
REC. 12/31 /2001, O.R. U
APN: 680-190-031 30'
0' 60, 120'
SCALE 1 "=60'
LINE DATA
NO.
BEARING
LENGTH
L1
N 89'55 50 E
323.11
L2
S 00' 16 00 E
55.00
L3
N 89'55 50 E
138.67
L4
S 88'35 02 W
138.70'
1-5
IN 00' 16 00 W
3.26
�� cw0��.
DATED: /11 2a / 7
IDMSA CONSULTING, INC.
PLANNING ■ Cnm ENGINEERING
LAND SURvEywo
J.N. 1963 SHEET 1 OF 1
EXHIBIT "C"
FORM OF GRANT DEED
(Exhibit "C-1" follows this page).
Exhibit "C°
1079714.1
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: 680-190-031
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:
GRANTOR:
EIGHTEEN SAC SELF -STORAGE
CORPORATION, A NEVADA
CORPORATION
By:
Its:
Its:
Exhibit "C"
1079714.1
EXHIBIT D
DO NOT RECORD.
DO NOT SEND
TRANSFEREE (BUYER)
MUST RETAIN FOR
TO IRS. SIX YEARS AFTER
THE TRANSACTION.
CERTIFICATION OF NON -FOREIGN
STATUS BY TRANSFEROR
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:
(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.
B. The Transferor's social security number is
C. The Transferor's address is
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.
Exhibit "D"
1079714.1
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:
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
on
Transferor:
Title:
County, State of
Exhibit "D"
1079714.1
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, perch loroethylene 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" under the 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 sec., 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 or public agency requires in orderfor the
property to be put to any lawful purpose;
Exhibit "E"
1079714.1
(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 seg.;
(7) Asbestos, PCBs, and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. §§ 2601 et seq.;
(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 seg., 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 Recovery Act, 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"
1079714.1