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HomeMy WebLinkAboutA8462 - 7-11 DEVELOPMENT COMPANY, LLCQpl.M S �0 N City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 q1/F0RN� Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov TRANSMITTAL DATE: June 3, 2020 TO: City Clerk FROM: Vonda Teed, Engineering Administrative Secretary for Marcus L. Fuller, Assistant City Manager/City Engineer SUBJECT: Recorded Temporary Construction Easement APN 677-420-022, 7-11 Development Company, LLC (A8462), City Project No. 08-25, Ramon Road Widening — San Luis Rey Drive to Landau Blvd. Message: Enclosed please find the recorded original Temporary Construction EaSement for the subject project for your records. If you have any questions, plase a nu hesitate to contact Marcus L. Fuller, Assistant City Manager/City EnQeet"4"768� 322-8380. o � oX rn w r- C"> CAM C-, .. mo r— _ rn Enclosures: APN 677-420-022 Temporary Construction Easement cc: Project File Commonwealth Land Title Company RECORDING REQUESTED BY: City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahqutlz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Govemment Code § 6103 DOC # 2020-0197402 05/08/2020 08:00 AM Fees: $0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: MARY #420 APN: 677- 20-022 TRA Code: 019-008 (Space above this line reserved for Recorders use) 9202612 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, 7-11 DEVELOPMENT COMPANY, LLC (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 approved 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 "Easement Area"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), a public works project (the "Project"), and gives City, its successors and approved assigns, including City's employees, representatives, agents, suppliers, contractors, subcontractors, and duly authorized persons working on the Project in coordination or cooperation with City, 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 Easement Area. This TEMPORARY CONSTRUCTION EASEMENT herein recorded in the official records of Riverside County in relation to the certain "Temporary Construction Easement Agreement," executed by an between Grantor and Grantee, and maintained as a public record by the City Clerk of the City. The TEMPORARY CONSTRUCTION EASEMENT herein granted shall expire (i) upon recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office, or (H) five years (5) after the recordation of this document in the Riverside County Recorder's Office, whichever occurs first. Prior to the expiration of the Temporary Construction Easement, City shall restore the Easement Area to substantially the same condition as existed on the date of recordation of this document in the official records of Riverside County to the extent feasible, unless otherwise agreed to by the Grantor. 1078943.1 Commonwealth Lanr' �'" - I. RECORDING REQUESTED BY: City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees under Government Code § 6103 APN: 677-420-022 (Space above this line reserved for Recorder's use) & Cj q cv, I�, TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, 7-11 DEVELOPMENT COMPANY, LLC (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 approved 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 "Easement Area"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), a public works project (the "Project"), and gives City, its successors and approved assigns, including City's employees, representatives, agents, suppliers, contractors, subcontractors, and duly authorized persons working on the Project in coordination or cooperation with City, 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 Easement Area. This TEMPORARY CONSTRUCTION EASEMENT herein recorded in the official records of Riverside County in relation to the certain "Temporary Construction Easement Agreement," executed by an between Grantor and Grantee, and maintained as a public record by the City Clerk of the City. The TEMPORARY CONSTRUCTION EASEMENT herein granted shall expire (i) upon recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office, or (H) five years (5) after the recordation of this document in the Riverside County Recorder's Office, whichever occurs first. Prior to the expiration of the Temporary Construction Easement, City shall restore the Easement Area to substantially the same condition as existed on the date of recordation of this document in the official records of Riverside County to the extent feasible, unless otherwise agreed to by the Grantor. 1078843.1 Executed this day of , 20_ GRANTOR: 7-11 DEVELOPMENT COMPANY, LLC By: Fulda Investments, LLC AYVashington lirgited liability pn By: David A. Stiefel, Manager 1078843.1 GRANTEE: CITY OF PALM SPRINGS, A California charter city and municipal corporation 7, r y. David H. Ready, Cit ager ATTEST: By: 6'nuthony Me APPROVED AS TO FORM: B: Jeffery S. Ballinger, City Attorney APPROVED BY CITY MANAGER D ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer com pleting 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 "(Nit rl l o I County of On 6 0 before me, Ah a `� �0 "tir Il�/►tC at ('.,� ame, Title of Officer personally appeared ZQVI0 • cJ /J ` T't- 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnatures(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\`q 't}lg ata'���d herein, that the foregoing paragraph is true and correct. SE(� "' NT F r0 Is. Cj Witness my hand and official seal. Q.ao �01ARy /9N': z 'Z- Sig of Notary '., 9 OF -"fill UI10— ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 1078843.1 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA 1078843.1 EXHIBIT "A" LEGAL DESCRIPTION APN 677-420-022 711 DEVELOPMENT CO., LLC TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL 1 OF PARCEL MAP 5092 AS SHOWN IN BOOK 8 OF PARCEL MAPS PAGE 64 RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED FEBRUARY 2, 2016 AS DOCUMENT NO. 2016-0048430, OF RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 89"48'32" EAST, A DISTANCE OF 119.99 FEET; THENCE NORTH 00001-43" WEST, A DISTANCE OF 55.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°48'32" WEST, A DISTANCE OF 64,94 FEET; THENCE NORTH 47028-58" WEST, A DISTANCE OF 34.02 FEET; THENCE NORTH 00001-43" WEST, A DISTANCE OF 4.07 FEET; THENCE SOUTH 47028'58" EAST, A DISTANCE OF 25.28 FEET; THENCE NORTH 89048-32" EAST, A DISTANCE OF 71.38 FEET; THENCE SOUTH 00001-43" EAST, A DISTANCE OF 10.00 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 770 SQUARE FEET OR 0.018 ACRES MORE OR LESS. 1 OF 2 EXHIBIT "All LEGAL DESCRIPTION APN 677-420-022 711 DEVELOPMENT CO., LL.0 AS DEPICTED ON EXHIBIT " B" ATTACHED HERETO AND MADE A PART HEREOF, PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS DATED: P.L.S. 4989 2OF2 CHARLES R HARMS No.488S ��or Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078843.1 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 877-420-022 711 DEVELOPMENT CO., LLC SEC. 17, T.4S., R.5E., SBM 0 a I cc W I � O cc U 25' 30' PARCEL MAP NO. 5092 PM 8/64 711 DEVELOPMENT CO., LLC PER DOC. # 2016-•0048430 REC. 02/04/2016, O.R. APN: 677--420-022 � IL �Z ` I 2 I 1 ' ' P.O.C. � S. 1/4 OF I SEC. 17 I L1 oor OF Co o GATED; .I41-J!; 0/ C/L ESMT. PER BOOK 455 PAGE 106 REC. 1/16/1940, O.R. 2QR/W PER INST. # 36881 REC. 02/10/1987, Q.R. PARCEL 1 to Lo TOE AREA 770 SQ. FT. 0.018 AC. of Mco� w00� z0,,�� C) N = N c to 0 0 ^Z (L vat 3�ck: w M —T.P.O.B. I TCE AREA I� RAMON ROAD LINE DATA NO. BEARING LENGTH Ll N 89'48 32 E 119,99 L2 N 00'O1 43 W 55.00 L3 S 89'48 32 W 64.94 L4 N 47'28 58 W 34.02 L5 N 00'01 43 W 4.07 L6 S 4728 58 E 25.28' LL7 N 89'48 32 E 71.38 LB S 00'01 43 E 10.00 0' 40' 80' SCALE 1"=40' TEMPORARY CONSTRUCTION EASEMENT IDMSA CONSULTING, INC. PLANNING ■ C>; M ENGWEERTNG LAND SuRvEymo J.N. 1963 SHEET 1 OF 1 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Ramon Road Widening Project Federal Protect No. BHLS-5282(040) APN(s): 677-420-022 This TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made as of the]Db day of�, 2019, by and between the City of Palm Springs, a California charter city an 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", 7-11 DEVELOPMENT COMPANY, LLC, hereinafter designated as the "Grantor". City/Grantee and Grantor are individually referred to as "Party" and are collectively referred to as the "Parties". i 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"), I which is identified by Assessor Parcel Number(s) 677-420-022, (referred to as the 'Property"). B. Grantee is constructing the Ramon Road Widening Project, Federal Project No. BHLS-5282(040), a public works project (the "Project"). In connection with the Project, Grantee desires to obtain from Grantor a temporary construction easement I over a portion of the Property, and Grantor is willing to authorize Grantee and Grantee's j employees, representatives, agents, suppliers, contractors, subcontractors, approved assignees, and duly authorized persons working on the Project in coordination or cooperation with Grantee (each and in the aggregate "Authorized Parties") 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", F and shown on the attached map, referenced as Exhibit"B" (the "Easement Area"), which are attached hereto and incorporated herein by reference. k C. The Parties desire by this Agreement to provide the terms and conditions i 13 for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as defined below, over the Easement Area. b I: AGREEMENT I> NOW, THEREFORE, in consideration of performance by the Parties of the promises, t covenants, and conditions herein contained and for other good and valuable 4 consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grantor hereby grants to City and its Authorized Parties the right to enter upon and use the Easement Area for all purposes reasonably necessary to facilitate and accomplish the construction and installation of various public street I Temporary Construction Easement Agreement Page 1 of 5 z z 4 improvements associated with the Project("Temporary Construction Easement"). 2. This Agreement shall not be recorded. The parties shall execute and cause to be recorded a Temporary Construction Easement("TCE Deed") reasonably acceptable to both parties. Promptly upon expiration or termination of the Temporary Construction Easement, the City will execute and cause to be recorded in the public records of the County a quitclaim deed confirming such expiration or termination. 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 and Grantee's Authorized Parties, shall commence on the date of recordation of the TCE Deed in the Riverside County Recorder's Office. The amount shown in Section 15 herein includes, but is not limited to, full payment for such possession and use in compliance with this Agreement and the TCE Deed. The Temporary Construction Easement will expire (i) upon recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office, or(H)five years (5)after the recordation of the TCE Deed in the Riverside County Recorder's Office, whichever occurs first. Automatically upon expiration or termination of this Temporary Construction Easement, 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. 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 Authorized Parties, wherever and whenever reasonably 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 ingress and egress by Grantor, Grantor's tenant(7-11) and tenants customers and suppliers. City agrees that its use of the Easement Area shall be in such a manner as to cause the least possible interference with the conduct of business operations located at any time on the Property. The Easement Area shall not be used for storage of equipment or supplies or long-term parking. Short term parking shall be allowed. I 5. A photograph of the Easement Area is attached to and incorporated by reference in this Agreement as Exhibit"C." At the termination of the period of use of the Easement Area by City, but before expiration of the Temporary Construction Easement, all debris generated by City's use will be removed and City shall restore Temporary Construction Easement Agreement Page 2 of 5 i the Easement Area.to substantially the same condition as existed as reflected in Exhibit"C,;" to the extent feasible, with the Project's improvements adjacent thereto, unless otherwise:agreed to by the-Grantor: 6. Grantee, or Grantee's Contractors, Will temporarily relocate, if necessary,the sign located within the Easement.Area to a mutually-agreed upon location, at Grantee's expense. Unless otherwise agreed by Grantor, the sign will be returned to a:mutually agreed upon location, as close as practicable to its original location, by Grantee prior to the expiration of the.Temporary Construction. Easement, at Grantee's sole expense.. 7. if,;at any time during the Project, Grantee has reason to believe that an environmental release has occurred within the Easement Area, Grantee shall notify both Grantor visa email at David:Stiefel <dstiefel@bader-martin.com> and.Grantor's tenant's Environmental Manager, Jose Rios, via email at Jose.Rios(a1,7=11.com within 72 hours, Grantor reserves the right to take those-steps required, in Grantor's sole opinion, or as required by the California State and Water Resources Board, to determine and abate the source of the release, including but not limited to accessing the Easement Area: Grantee's rights in the Easement Area are subordinate to Grantor's rights to address any discovered environmental condition. 8. Any notice to be given or other document.or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: If to Grantee, to: Attn: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon-Way Palm Springs, CA 92262 Facsimile No.: (760) 32M332 Telephone No. . (760) 323-8204 If to Grantor, to: 7-11 Development Company,.LLC C/O Fulda Investments; Manager 5739 149inAvenue S.E. Bellevue, W&g8006 9. To the extent permitted by law,.City(or`its contractor.) shall indemnify, defend and hold harmless Grantor and,Grantor's tenant from all losses, liabilities,-costs., dam ages,..expenses, causes of'action, suits, claims or judgments, including attorney's fees and costs, (collectively, "Claims").arising directly out of or in Temporary Construction.Easement Agreement P:age•3 of-5 connection with any act or omission of City and/or any of City's Authorized Parties, pursuant to this Agreement or otherwise, provided, however, that the foregoing duty to defend, indemnify and hold harmless the Grantor and its tenant from and against any Claims shall not apply to any Claims arising from or relating to the negligence or intentional misconduct of Grantor. 10. Grantor hereby warrants that it is the owner of the Property described above and that it has the right to grant City, its successors or approved assigns, permission to enter upon and use the Easement Area. 11. 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. 12. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. Grantee shall not assign its rights and obligations under this Agreement without the prior written consent of Grantor. 13. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 14. 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 jointly and severally liable thereunder in accordance with Civil Code Section 1468. 15. City shall pay to Grantor the total sum of Ten Thousand dollars and no cents ($10,000), (the "Rental Price"), for the right to enter upon and use Grantor's land in accordance with the terms hereof. Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits ("Claims"), 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. This waiver shall not apply to a Claim to the extent that the Claim in question arises from or relates to any uncured breach of Grantee's obligations under this Agreement or under the TCE Deed, or to the negligence or intentional misconduct by Grantee or any of Grantee's Authorized Parties. Payment shall be made within thirty(30) days after execution of this Agreement. In the event that Grantor alleges that Grantee or any of Grantee's Authorized Parties has acted or omitted to act in a manner that causes a breach of this Agreement that Grantor asserts is not subject to this waiver, Grantor shall provide Grantee with written notice of the alleged breach in question. Grantor's notice of any alleged breach shall state with specificity the nature of the alleged Temporary Construction Easement Agreement Page 4of5 breach in question, and the actions that Grantor asserts Grantee must undertake in order to cure the alleged breach. Grantee shall have ten (10) business days during which Grantee may cure the-alleged breach asserted by Grantor. As to any alleged breach that.cannot be cured within ten (10)business days, the Parties shall meet and confer to determine mutually agreed terms and conditions. under which the alleged breach may be cured to the satisfaction of both Parties. Any breach that Grantor alleges and Grantee cures in accordance herewith shall not negate or limit the Grantor's waiver hereunder. Grantor hereby acknowledges that it has been advised by its attorney and is arniliar 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 15. 16. Grantee's use of the Easement.Area shall be in such a manner as to cause the least possible interference with the conduct of business operations by Grantor and/or Grantor's tenant located at any time on Grantor's adjacent property. Grantee will at all times permit vehicular and pedestrian ingress and-egress to and from Grantor's property and the adjacent roadways. The Easement Area shall not be. u.sed°for storage of-equipment or supplies or long-term parking. Short term parking shall be allowed so long as reasonable ingress.and egress to and from.Grantor's property and the adjacent roadways is maintained at all times. 17. If, at any time during the Project, Grantee has reason.to believe that an environmental release has occurred within the Easement Area, Grantee shall notify both Grantor; via email to David Stiefel, dstiefel@badermartin.com, and Grantor's tenant'.$ Environmental Manager, Jose Rios, via email at Jose.Rios a@7-11:com within 72 hours. Grantor reserves the right to take those steps required,'in Grantor's sole opinion, or as required by the California State and Water Resources Board, to determine and abate the source of the release, including but not limited to accessing the Easement Area. Grantee's rights in-the. Easement Area are subordinate to Grantor's rights to address any discovered environmental condition. Temporary Construction Easement Agreement Page 5 of 5 i 2 [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 6 of 6 i IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. GRANTEE: GRANTOR: CITY OF PALM SPRINGS, a California charter city and municipal corporation 7-11 DE LOPMENT COMPANY, LLC By: V" David H. Ready, City M.page Its: *V6Ue—cv "'W rMt�'"j'`, V• 1y4, gce►L -or— 7-1 ATTEST: By: Its: By: thony ia, City lerl APPROVED AS TO FORM: APPROVED BYCC4Y.MAPIACER n Dog By: JefferyA B lin er, Ci Attorney Exhibit List Exhibit A -- Legal Description of the Easement Area Exhibit B -- Depiction of Easement Area I i Temporary Construction Easement Agreement Page 7 of 5 i Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA I i I a I i i i I k Temporary Construction Easement Agreement I v n F EXHIBIT "A„ LEGAL DESCRIPTION APN 677-420-022 711 DEVELOPMENT CO,, LLC TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL 1 OF PARCEL MAP 5092 AS SHOWN IN BOOK 8 OF PARCEL MAPS PAGE 64 RIVERSIDE COUNTY RECORDS. ALSO DESCRIBED IN GRANT DEED, RECORDED FEBRUARY 2, 2016 AS DOCUMENT NO. 2016-0048430, OF RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 89048'32" EAST, A DISTANCE OF 119.99 FEET; THENCE NORTH 00"01'43" WEST, A DISTANCE OF 55.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°48'32" WEST, A DISTANCE OF 64.94 FEET; THENCE NORTH 47928'58"WEST, A DISTANCE OF 34.02 FEET; THENCE NORTH 00°01'43"WEST, A DISTANCE OF 4.07 FEET; THENCE SOUTH 47028'58" EAST, A DISTANCE OF 25.28 FEET; THENCE NORTH 89048'32" EAST, A DISTANCE OF 71.38 FEET; THENCE SOUTH 00°01'43" EAST, A DISTANCE OF 10.00 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 770 SQUARE FEET OR 0.018 ACRES MORE OR LESS. 1 OF 2 Ed11HISI p SL{a 99 LEGAL DESCRIPTION APN 677-420.022 711 DEVELOPMENT CO., LLO AS DEPICTED ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR.-UNDER THE DIRECTION OF: ENO,� �i CHARLES R.HARRIS CHARLEu R. HARRIS P.L.S. 4989 w No.aoeo - OF cAUF`�� DATED: i (i 1 2OF2 . i i C Exhibit "B" DEPICTION OF THE EASEMENT AREA i I . I I i I I I E i i Temporary Construction Easement Agreement a s a 1 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 677-420-022 711 DEVELOPMENT CO., LLC SEC. 17, T.4S., R.5E., SBM PARCEL MAP NO. 5092 PM 8/64 0 jI o I 711 DEVELOPMENT CO., LLC r` f I PER DOC. # 2016-0048430 "y j)� REC. 02/04/2016, O.R. M� Ci APN: 677--420-022 2-o „�o I o N� a I PARCEL. 1 a _ I I U 1 (A .. 2 ' .� WE AREA �o 30' 1 770 SQ. FT. w a I un 0.018 AC. a II L7 i IL \ J I I I L3 T.P.v.s. 2 I TCE AREA 1 'to I� P.O.C. j S. 1/4 OF I SEC. 17 J L1 RAMON ROAD � 0 LINE DATA YAM NO. BEARING LENGTH I L1 N 89'48 32 E 119.99gP— M o. 4989 L2 N 00'01 43 W 55.00' I L3 S 89'48 32" W 64.94 I L4 N 4,r28'5BH WF 34.02 �l p� cW��dr L5 N 00'01 43" W 4.07 L6 IS 4728 58 E 25.28' 0' 40' 80, t L7 IN 89'48 32" E 71.38' d, Z ZD/' LB S 00'01 43 E 10.00- DATED: " SCALE 1"=40' t C/L ESMT. PER BOOK 455 PAGE TEMPORARY CONSTRUCTION EASEMENT 106 REC. 1/16/1940, O.R. i R/W PER INST. # 36881 REC. 02/10/1987, O.R. MSA CONSULTING, INC. PROJECT NAME: RAMON ROAD PUNNING 0 CIVIL ENGMEERING CITY PROJECT NO. 08-25 LAND SURVBYIrtG HIS PLAT IS AN AID IN LOCATING THE PARCEL S) ID DESCRIBED IN THE PRECEDING DOCUMENT, ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 1 � u J a a i� Exhibit "C" PHOTOGRAPH OF EASEMENT AREA i I I I I i j I i I� I I f r I �I Temporary Construction Easement Agreement i s 3 1 Q { CO cu •� 1'I 1 � r 1 t£W a 1'+((; ;`:•`� �. 1 �.f J . d ����• � { m t'� 1. � ' �' -•$ ,,"�� --� j ���n ri- � � fi x E9 It ;xf°r t •� r f �f (�' �� ff Jt�p � ,. 1 I •h: 'a y ,.� � �'{ 17t1 r. �t=r E .-. 'r �� , x, t Y �Iil �� f s �'� rt =' � r �� t u � �^�•� t ? a x� 1. �'.`- t � i � '3• ° E i'• �� ' ��rlt -fit © { { ' c , 5to na. ' S�� � °.i ,fix +}�°' {' �''1 / rrE;• ( {' {� �a - 9 I i X, µ� j4j4!! r ?r v x;f! i y3 Q tow Q' ryK4hCD �• `) x •` \ I € S 4"i' t to Pyr W M` ©d..�'tr �� Q� � ,+� t''7. J j 1 � y •'X pr;�q• t r "�11s'�`r�;,t °a�`�"�1, ® •e •. ' � s 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 WLqjhA' Aq ) ss. COUNTY OF K, } On Deeg.mb&-_16)aol ( , before me, AAW L -ThRn4 f , Notary Public, 0/ 1U ) personally appeared l/ ► I 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 Sty „Af California that the foregoing paragraph is true and correct. ����` �. TH I����'Nz '4SNT WITNESS my hand and official seal. Q?��� 1A,9 :Q �•� :z_ Signature pUB���,. •��� My Commission Expires: oZo2 0260202 This '$r, F W6���b�ficial notarial seal � " i I + I I G I Temporary Construction Easement Agreement s