HomeMy WebLinkAboutA7159 - JLO CATHEDRAL PLAZA, LLC - RAMON BRIDGE WIDENING Commonwealth Land Title Company
4100 Newport Place Dr.,Suite 120
Commonwealth" Newport Beach,CA 92660
LAND TITLE INSURANCE COMPANY
Phone: (949)724-3140
Fax:
ESCROW ACCEPTANCE LETTER
Date: October 24, 2018
Escrow Number. 09182748-918-GKD
Escrow Officer: Grace Kim
Property Address: 68100 Ramon Road,Cathedral City, CA
This letter shall serve as notification of the opening of escrow with Commonwealth Land Title Company, under the
above referenced escrow number for property known as: 68100 Ramon Road, Cathedral City, CA, The opening
date is October 10, 2018, said date being the date escrow holder received a fully executed copy of the RIGHT
OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS and fully
executed copy of the TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") dated
October 1, 2018, by and between JLO Cathedral Plaza LLC, a California limited liability company ("Seller")
and City of Palm Springs, a California charter city and municipal corporation ("Buyer").
Commonwealth Land Title Company as escrow holder, accepts said Agreement as the complete agreement
between the parties and agrees to act in accordance with the terms, conditions and provisions as required and as
applicable to the closing of this escrow. The parties agree to hand escrow holder all necessary documents and
funds to comply with all terms, conditions and provisions and as a condition of escrow holder's acceptance of the
limited agency, agree to be bound by the attached General Provisions. Escrow Holder is given instructions to
perform certain acts or with those paragraphs where Escrow Holder would generally and reasonably be expected
to act. All other provisions of the Agreement, which the parties consider to be binding upon themselves, are
considered to be outside the scope of Escrow Holder's responsibilities. Should there be a conflict in the terms of
escrow holder's General Provisions and those of the Agreement, THE LATTER SHALL GOVERN.
OPENING DATE: October 10, 2018
CLOSING DATE: On or Before June 30, 2019 as noted on Section 2.3 of the Right of Way Agreement and as
noted on Section 14 of the Temporary Construction Easement Agreement.
ATTORNEY RELEASE: If either party is represented by an attorney, Escrow Holder shall communicate with and
rely upon instructions provided by the attorney.
TERMINATION, BREACH OR DEFAULT: In the event of termination, breach or default by either Buyer or Seller,
Escrow Holder may require mutual written instructions prior to the disbursement of any funds or documents.
AUTOMATIC TERMINATION: In the event the Agreement contains an automatic termination clause, the
cancellation of this escrow and disbursement of funds in accordance therewith, shall be without liability to escrow
holder, without notice to or additional instruction from either party and notwithstanding any conflicting instructions
that may be deposited by either party to the contrary. Buyer and Seller shall indemnify and hold escrow holder
harmless from any loss that may be sustained due to escrow holder's compliance with said instructions.
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INVESTMENT OF FUNDS: In the event either party calls for the investment of funds, it is acknowledged by
Buyer and Seller that escrow holder must be in receipt of its standard form of investment instructions executed by y
the respective party and together with a completed and executed W-9 form that is required by the Bank prior to
the establishment of the investment account. All parties are advised to seek the advice of their legal and/or tax i
representatives prior to the execution of this instruction.
Buyer is made aware that the current rate of interest offered by most institutional Banks being less than 0.10% i
and the Escrow Fee of$50.00 to open and maintain an interest bearing account would not be an equitable profit
to Buyer and therefore unless requested in writing otherwise, NO funds will be placed in an Interest Bearing
Account.
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COMM0010(DSI Rev.04/t9/17) Page 1 Escrow No.:09182748-918-GKD
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IMPORTANT NOTICE REGARDING DEPOSIT OF FUNDS FOR CLOSING: Funds received by WIRE
TRANSFER are available for immediate disbursement at the close of escrow. Other forms of payment deposited
may cause extended delays in closing. Escrow Holder will not be responsible for any such delays due to the type
of deposits made. Therefore, we strongly urge any deposits made for closing funds to be in the form of a wire
transfer. Please contact your escrow officer for our wiring instructions, or if you have any questions regarding this
notice.
TAX EXEMPT ENTITY: All parties hereto acknowledge that the buyer is public entity and exempt from payment
of any real property taxes. There will be no proration of taxes through escrow. Seller will be responsible for
payment of any real property taxes due prior to close of escrow. In the event any real property taxes are due and
unpaid at the close of escrow, Escrow Holder is hereby authorized and instructed to pay such taxes from
proceeds due the Seller at the close of escrow. Seller understands that the Tax Collector will not accept partial
payment of an installment of the real property taxes due at the close of escrow. At the close of escrow,the Buyer
will file any necessary documentation with the County Tax Collector/Assessor for the property tax exemption. In
the event this escrow closes between July 1 and November 1 and current tax information is not available from
County Tax Collector, Escrow Holder is instructed to withhold 125% of the previous fiscal year's tax bill from
Seller's proceeds. At such time that the tax information is available, Escrow Holder shall make a payment to
County Tax Collector and return any difference to the Seller. In the event the amount withheld is not sufficient to
pay Seller's taxes due, the Seller herein agrees to immediately deposit any shortage to escrow holder within 48
hours of notification. Any prorated refund that will be due the Seller will be refunded to the Seller by the County
Tax Collector/Assessor outside of escrow and Escrow Holder shall have no liability and/or responsibility in
connection therewith.
DOCUMENT EXECUTION GUIDELINE: Prior to the execution of any recordable documents, please refer to our
Documents Execution Guidelines attached hereto as Exhibit"A".
NOTICES: All notices for Escrow Holder should be forwarded to:
Grace Kim, Commercial Escrow Officer
Commonwealth Land Title Company
4100 Newport Place Dr., Suite 120
Newport Beach, CA. 92660
Direct: (949)724-3141/eFax: (714)459-72171 Email: gukimaa cltic.com
Thank you for choosing Commonwealth Land Title Company. We appreciate your business and look forward to
a successful closing. Please contact me with any questions or concerns.
Sincerely,
Cra.ce,u K4*
Commercial Escrow Officer
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COMM0010(DSI Rev.04/19117) Page 2 Escrow No.:091 8274 8-91 8-GKD
GENERAL. PROVISIONS
1. DEPOSIT OF FUNDS
The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's
escrow and/or sub escrow account prior to disbursement of any funds. Only wire-transferred funds can be given immediate availability
upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds
such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material
delays in disbursement of funds in this escrow. In order to avoid delays,all fundings should be wire transferred. Outgoing wire transfers
will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks.
Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds
into an interest bearing account by signing and returning the"Escrow Instructions- Interest Bearing Account",which has been provided
to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more
general escrow trust accounts, which include both non-interest bearing demand accounts and other depository accounts of Escrow
Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the
"depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates,either
within or outside the State of California.A general escrow trust account is restricted and protected against claims by third parties and
creditors of Escrow Holder and Its affiliates.
Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general
escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank
services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due
you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business
transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations,
and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to
this escrow for the value of such services,accommodations,interest or other benefits.
Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing
account.All disbursements shall be made by check of Commonwealth Land Title Company.The principals to this escrow are hereby
notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any
instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holders
sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of(1) satisfaction of
conditions precedent or(2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due
to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of
banking regulations with regard to placement of wires.
In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day,the parties agree
to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT
INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY
FOR WIRE PLACEMENT.
2. PRORATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise
instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller,
beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein.
3. SUPPLEMENTALTAXES
The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through
this or a previous escrow transaction.Any supplemental real property taxes arising as a result of the transfer of the property to Buyer
shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing dale shall be the sole
responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY
BETWEEN BUYER AND SELLER.
4. UTILITIESIPOSSESSION
Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow.
5. PREPARATION AND RECORDATION OF INSTRUMENTS
Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of
this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow
shall mean the date instruments are recorded.
6. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements,
to the Real Estate Broker(s)and Lender(s)named in this escrow.
7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2)
working days thereafter,deliver,one copy of such notice to each of the other principals at the addresses stated in this escrow.UNLESS
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WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE
OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR
CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take
no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent
jurisdiction.
8. PERSONAL PROPERTY
No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested.
By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder
against any and all matters relating to any"Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow
without any consideration of matter of any nature whatsoever regarding"Bulk Sales"being handled through escrow.
S. RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and
documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder.
10, AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES
Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information,and you are to execute,
on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this
escrow,forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss
payable clause and/or such other endorsements as may be required, and forward such policy(s) to the principals entitled thereto. It is
not your responsibility to verify the information handed you or the assignability, of said insurance. Your sole duty is to forward said
request to insurance agent at close of escrow.
Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or
otherwise keep it in force either during or subsequent to the close of escrow.Cancellation of any existing hazard insurance policies is to
be handled directly by the principals,and outside of escrow.
11. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in
interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to
deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed,the principals jointly and
severally agree to pay your cancellation charges and costs,expenses and reasonable attorney's fees which you are required to expend
or incur in such interpleader action,the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the fling
of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or
otherwise.
12. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within six(6) months after the"time limit date"as set forth in the escrow instructions or written
extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be
returned to the parties depositing same. In the event of cancellation of this escrow,whether it be at the request of any of the principals
or otherwise, the fees and charges due Commonwealth Land Title Company, including expenditures incurred and/or authorized shall
be borne equally by the parties hereto(unless otherwise agreed to specifically).
13. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting instructions,you are to take no action in connection with this escrow until non-conflicting instructions are
received from all of the principals to this escrow(subject to sections 7,9, 11 and 12 above).
14. DELIVERYIRECEIPT
Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular
mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be
72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact
information shown herein.All notices,change of instructions, communications and documents are to be delivered in writing to the office
of Commonwealth Land Title Company as set forth herein.
15. STATEIFEDERAL CODE NOTIFICATIONS
According to Federal Law,the Seller,when applicable,will be required to complete a sales activity report that will be utilized to generate
a 1099 statement to the Internal Revenue Service.
Pursuant to State Law, prior to the close of escrow,Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report.
In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon
recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall
debit the account of Buyer for same at close of escrow.
16. NON-RESIDENTALIEN
The Foreign Investment in Real Property Tax Act(FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in
part,that a transferee(buyer)of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount
realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20)
days after the transfer. Commonwealth Land Title Company will not determine nor aid in the determination of whether the FIRPTA
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withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish
tax advice to any party to the transaction. Commonwealth Land Title Company will not determine nor aid in the determination of
whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as
they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for
the purpose of supporting a claim of an exception or exemption.Commonwealth Land Title Company is not an agent for the buyer for
the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or
resident alien. Commonwealth Land Title Company is not responsible for the payment of this tax and/or penalty and/or interest
incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the
buyer. Commonwealth Land Title Company is not responsible for the completion of any IRS documents or related forms related to
the referenced statute.The buyer is advised:they must independently make a determination of whether the contemplated transaction is
subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for
payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for
the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those forms. The
Buyer is advised any forms, documents, or informagon received from Commonwealth Land Title Company is not tax or legal advice
and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside
counsel from a qualified individual to determine any and all implications of the referenced statute.
17. ENCUMBRANCES
Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of
such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any
amount later determined to be correct shall be settled between the parties direct and outside of escrow.
You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in
connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the
title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such
amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid
them.
48. ENVIRONMENTAL ISSUES
Commonwealth Land Title Company has made no investigation concerning said property as to environmental/toxic waste issues.
Any due diligence required or needed to determine environmental impact as to farms of toxification, if applicable,will be done directly
and by principals outside of escrow. Commonwealth Land Title Company is released of any responsibility and/or liability in
connection therewith.
19. USURY
Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow
and is hereby released of any responsibility or liability therefore.
20. DISCLOSURE
Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions,
does not create any liability or duty in addition to these instructions.
21. FACSIMILE/ELECTRONIC SIGNATURE
Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed
documents or instructions to Escrow Holder,you are to rely on the same for all escrow instruction purposes and the closing of escrow
as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with
California Law.
22. CLARIFICATION OF DUTIES
Commonwealth Land Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal
advice to any party hereto.
Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of
any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's
duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other
documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow
Holder.
The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties.
23. FUNDS HELD IN ESCROW
When the company has funds remaining In escrow over 90 days after dose of escrow or estimated close of escrow,the Company shall
impose a monthly holding fee of$25,00 that is to be charged against the funds held by the Company.
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E1000076(DSI Rev.05/19/17) Page 3 Escrow No.:09182748-918-GKD
THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR
HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE
CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER
INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS
CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE
GENERAL PROVISIONS.
Commonwealth Land Title Company conducts escrow business under a Certificate of Authority No. 285 issued by the
California Department of Insurance.
JLO Cathedral Plaza LLC, a California City of Palm Springs, a California charter
limited liability company city and municipal corporate
By: By:
Authorized Signer Authorized Signer
By: ,ni0i By. A t
Name&Title W� Name&Title
Date Date
Mailing Address:
Phone Number: Fax Number:
Cell Phone Number: E-mail Address:
APPROVED AS TO FORM
CITY ATTORNEY
ATTEST:
Tit/
I)epvtj
APPROVED BY CITY COUNCIL
-r�.u..I.L._ (Pld f A'll5°I
General Provisions Signature Page Printed: 10/2412018 12:02 PM by VL3
EI000098(OSI Rev.12/09116) Page 1 Escrow No.:09182748-618-GKD
EXHIBIT"A"
Commonwealths
7m LAND TITLE COMPANY
DOCUMENT EXECUTION GUIDELINES
Subject to requirements and limitations of applicable State and Local Law, all Lawyers or
Commonwealth direct operations must adhere to one of the following procedures for all
documents upon which a Company title product is based—applicable in all transactions
other than the listed exceptions:
1. All documents signings must be conducted in the presence of an authorized Company
employee or title policy issuing agent (collectively "Company representative") regardless
of who performs the actual notarization; or
2. The document signings must be conducted through Bancserv, a brand neutral FNF
(parent company) company that is covered by a $15 million E&O policy that extends to
all of the notaries that it retains; or
3. The document signings must be conducted by a notary or signing service that
maintains E&O insurance of$100,000 or higher and is approved in writing prior to the
signing by a Regional Manager or other authorized designee of this Company; or
4. The document signings must be conducted under the supervision of attorneys actively
licensed in the state where the document signings take place; or
Exempted Transactions
1. Documents executed in accordance with existing guidelines for foreign
individuals and entities and military personnel.
1 Documents executed directly with the insured lender (not the mortgage broker).
3. Documents provided by independent escrows or closing services approved by
the Regional Manager or their designee.
4. Documents executed for commercial transactions in an amount of three million or
greater ($3,000,000)
Please direct any questions or inquiries to your Commonwealth Land Title escrow
officer, title officer, or marketing representative.
Jrn,.iary 20IG
BOE-502-A(P7)REV.13 (06-17)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee(buyer)prior 10 a transfer of subject
property,In accordance with Section 460.3 of the Revenue and Taxation
Code.A Preliminary Change of Ownership Repon must be filed with
each conveyance in the County Recorders office for the county
where the property Is located.
FOR ASSESSOR'S USE ONLY
City of Palm Springs, a California charter city and municipal ASSESSOR'S PARCEL NUMBER
corporation 678-210-038-7
3200 E.Tahquflz Canyon Way SELLER/TRANSFEROR
Palm Springs,CA 92262 JLO Cathedral Plaza LLC,a California limited liability
company
BUYER'S DAYTIME TELEPHONE NUMBER
BUYER'S EMAIL ADDRESS
STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
68100 Ramon Road,Cathedral City, CA
❑YES JAC) This property is intended as my principal residence. If YES,please indicate the date of occupancy MD I DAY I YEAR
or intended occupancy.
❑YES kl NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was
compensated at 100%by the Department of Veterans Affairs?
MAIL PROPERTY TAX INFORMATION TO(NAME)
City of Palm Springs,a California charter city and municipal corporation
MAIL PROPERTY TAX INFORMATION TO(ADDRESS) CITY STATE ZIP CODE
PART 1:TRANSFER INFORMATION Please complete all statements.
This section contains possible exclusions from reassessment for certain types of transfers.
YES NO
❑ ,�1 A. This transfer is solely between spouses(addition or removal of a spouse,death of a spouse,divorce settlement,etc.).
❑ B. This transfer Is solely between domestic partners currently registered with the California Secretary of State(addition orremoval ota
partner,death of partner,termination settlement, etc.).
❑ R1' C. This is a transfer: 0 between parent(s)and child(ren) ❑ from grandparent(s)to gran ichild(ren).
❑ ' D. This transfer is the result of a cotenant's death. Date of death
❑ �" E. This transaction is to replace a principal residence by a person 55 years of age or older.
Within the same county? ❑YES ❑NO
❑ -EC* F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code
section 69.5, Within the same county? ❑YES ❑NO
❑ G. This transaction is only a correction of the name(s)of the person($)holding title to the property(e.g.,a name change upon marriage).
If YES,please explain:
❑ H. The recorded document creates,terminates,or reconveys a lender's interest in the property.
❑ 1. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security Interest
1 (e.g.,cosigner). If YES,please explain:
❑ XJ J. The recorded document substitutes a trustee of a trust,mortgage,or other similar document.
K. This Is a transfer of property:
❑ )7j' 1. to/from a revocable trust that may be favored by the transferor and is for the benefit of
❑the transferor,and/or ❑the transferors spouse ❑registered domestic partner.
❑ 2. to/from an irrevocable trust for the benefit of the
❑creator/grantorltrustor and/or ❑grantor's/truslor's spouse ❑grantor's/trustor's registered domestic partner.
❑ )!f, L. This property is subject to a lease with a remaining lease term of 35 years or more including written options.
❑ M. This is a transfer between parties in which proportional interests of the transferor(s)and transferee(s)in each and every parcel being
transferred remain exactly the same after the transfer.
❑ N This Is a transfer subject to subsidized low-Income housing requirements with governmentally Imposed restrictions,or restrictions
imposed by specified nonprofit corporations.
❑ ,.�" O. This transfer is to the first purchaser of a new building containing an active solar energy system.
❑ rfY P. Other.This transfer is to
" Please refer to the instructions for Part 1.
Please provide any other information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
SFRM0017(DSI Rev.12/20117)
BOE-502-A(P2)REV.13 (0617)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.
A. Date of transfer,If other than recording date:
B. Type of Transfer
,PPurchase ❑Foreclosure ❑GiR ❑Trade or exchange ❑Merger,stock,or partnership acquisition(Form BOE-100-B)
❑Contract of sale. Date of Contract: ❑Inheritance. Date of death:
❑Sale/leaseback ❑Creation of a lease ❑Assignment of a lease ❑Termination of a lease.Date lease began
Original term in years(including written options): Remaining term in years(including written options):
❑Other. Please explain
C. Only a partial Interest in the property was transferred. ❑YES API NO If YES,indicate the percentage transferred: %
PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. r�
A. Total purchase price. $ I'1ls
B. Cash down payment or value of trade or exchange excluding closing Costs Amount $ �4 q
C. First deed of trust @ %interest for years.Monthly payment$ Amount $
❑FHA( Diseoun(Puns) Q Cal-Vet ❑VA( uiswunt Paints) ❑Fixed rate ❑Variable rate
❑Bank/Savings&Loan/Credit Unlon ❑Loan carded by seller
❑Balloon payment$ Due date:
D. Second deed of trust @ _%interest for years.Monthly payment$ Amount $ -�
❑Fixed rate ❑Varlable rate ❑BanklSavings&Loan/Credit Union ❑Loan carried by seller
❑Balloon payment$ Due date:
E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ .�- ---r'
F. Amount,if any,of real estate commission fees paid by the buyerwhich are not included in the purchase price $G. The ropany was purchased:O Through real estate broker.Broker name: Phone number ( )
Direct from seller ❑From a family member-Relationship
❑Other: Please explain:
H. Please explain any special terms,seller Concessions,broker/agent fees waived,financing,and any other information(e.g.,buyer assumed the
existing loan balance)that would assist the Assessor In the valuation of your property.
PART 4. PROPERTY INFORMATION Check and complete as applicable.
A. Type of property transferred
❑ Single-family residence ❑ Co-op/Own-your-own ❑ Manufactured home
❑ Multiple-family residence.Number of units: ❑ Condominium ❑ Unimproved lot
❑ Other.Description:(i.e.,timber,mineral,water rights,etc.) ❑ Timeshare 2rCommercial/Industrial
B. ❑ YES�AYNO Personal/business property,or incentives,provided by seller to buyer are included in the purchase price.Examples of personal
property are furniture,farm equipment,machinery,etc.Examples of incentives are club memberships,etc. Attach list if available.
If YES,enter the value of the personallbusiness property: $ Incentives $
C. ❑ YES EI NO A manufactured home is included in the purchase price.
If YES,enterthe value attributed to the manufactured home: $L7�
❑ YES- NO The manufactured home is subject to local property tax. If NO,enter decal number
D. ❑ YES,ff'NO The property produces rental or other income.
If YES,the income is from: ❑Lease/rent ❑Contract ❑Mineral rights ❑Other:
E. The condition of the property at the time of sale was:J3-ood ❑Average ❑Fair ❑Poor
Please describe:
CERTIFICATION
i certify(or declare)that the foregoing and all information hereon,including any accompanying statements or documents,is true and correct to the best
of my knowledge and belief
SIG flEE OR CORPORATE TE TELEPF E
NAME OF BUYEftmRANSFEBEEILEGAL RE RESENTA TE OFFICER(PLEASE PRINT) LE ^t,r�u EMMLADDRESS ,
n \� l a lM t ca•
�aV( d "The Asses or's office may co act yoJ for additional Information Agarding this transaction. IOr
SFRM0017(OSI Rev.f 2/20117)
BOE502-A(P3)REV. 13(06.17)
ADDITIONAL INFORMATION
Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 56
California counties. if a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent
filing of a Preliminary Change of Ownership Report,the Recorder may charge an additional recording fee of twenty dollars ($20).
NOTICE:The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County
Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender
impound accounts.You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill.
NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter
Assessors Parcel Number, name of seller, buyer's daytime telephone number, buyers email address, and street address or physical
location of the real property.
NOTE: Your telephone number and/or email address is very important. If there is a question or a problem,the Assessor needs
to be able to contact you.
MAIL PROPERTY TAX INFORMATION TO: Enter the name, address, city, state, and zip code where property tax information should
be mailed.This must be a valid mailing address.
PRINCIPAL RESIDENCE: To help you determine your principal residence,consider(1)where you are registered to vote, (2)the home
address on your automobile registration, and (3)where you normally return after work. If after considering these criteria you are still
uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as
your principal residence,and indicate the date of occupancy or intended occupancy.
DISABLED VETERAN: If you checked YES, you may qualify for a property lax exemption. A claim form must be filed and all
requirements met In order to obtain the exemption. Please contact the Assessor for a claim form.
PART 1:TRANSFER INFORMATION
If you check YES to any of these statements,the Assessor may ask for supporting documentation.
C,D,E, F: If you checked YES to any of these statements,you may qualify for a property tax reassessment exclusion,which may allow
you to maintain your property's previous tax base.A claim form must be filed and all requirements met in order to obtain any of
these exclusions. Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be
subject to federal gift tax.You make a gift if you give property(including money),the use of property, or the right to receive income from
property without expecting to receive something of at least equal value in return. The transferor(donor) may be required to file Form
709, Federal Gift Tax Return,with the internal Revenue Service if they make gifts in excess of the annual exclusion amount.
G: Check YES if the reason for recording is to correct a name already on title(e.g., Mary Jones,who acquired title as Mary J. Smith, is
granting to Mary Jones).This is not for use when a name is being removed from title.
H: Check YES if the change involves a lender,who holds title for security purposes on a loan,and who has no other beneficial interest
in the property.
'Beneficial interest' is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell,
mortgage, or lease the property to another.A beneficial interest can be held by the beneficiary of a trust,while legal control of
the trust is held by the trustee.
l: A "cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an
agreement with the lender stating that if the borrower fails to repay the loan,the cosigner will assume legal liability for it.
M: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited
liability companies.Check YES only if the interest held in each and every parcel being transferred remains exactly the same.
N: Check YES only if this property is subject to a government or nonprofit affordable housing program that imposes restrictions.
Properly may qualify for a restricted valuation method(i.e.,may result in lower taxes).
O: If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all
requirements met in order to obtain the exclusion.Contact the Assessor for a claim form.
PART 2:OTHER TRANSFER INFORMATION
A:The date of recording is rebuttably presumed to be the dale of transfer. If you believe the date of transfer was a different date (e.g.,
the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer
date.If it is not the date of recording,the Assessor may ask you for supporting documentation.
B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a
separate sheet if necessary.
C. If this transfer was the result of an inheritance following the death of the property owner, please complete a Change of Ownership
Statement,Death of Real Property Owner,form BOE-502-D, if not already filed with the Assessor's office.
BOE-502-A(P4)REV. 13(06-17)
SFRM0017(D$I Rev.12/20/17)
PART 3:PURCHASE PRICE AND TERMS OF SALE
It is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors
in determining the assessed value of the property,which is used to calculate your property tax bill. Your failure to provide any required
or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes.
A. Enter the total purchase price,not including closing costs or mortgage insurance.
"Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or a
private mortgage insurer.
B. Enter the amount of the down payment,whether paid in cash or by an exchange. If through an exchange, exclude the closing costs.
"Closing costs" are fees and expenses, over and above the price of the property, incurred by the buyer andfor seller,which
include title searches, lawyer's fees, survey charges,and document recording fees.
C. Enter the amount of the First Deed of Trust, if any.Check all the applicable boxes,and complete the information requested.
A"balloon payment" is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular
installment.
D. Enter the amount of the Second Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.
E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding
balance,and mark the applicable box.
An "improvement bond or other public financing" is a lien against real property due to property-specific improvement
financing, such as green or solar construction financing, assessment district bonds, Mello-Roos (a form of financing that can
be used by cities, counties and special districts to finance major improvements and services within the particular district) or
general improvement bonds,etc.Amounts for repayment of contractual assessments are included with the annual property tax
bill.
F.Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price.
G. If the property was purchased through a real estate broker, check that box and enter the brokers name and phone number. If the
property was purchased directly from the seller(who is not a family member of one of the parties purchasing the property), check the
"Direct from seller' box. If the property was purchased directly from a member of your family, or a family member of one of the parties
who is purchasing the property, check the "From a family member"box and indicate the relationship of the family member(e.g.,father,
aunt, cousin, etc.). If the property was purchased by some other means (e.g., over the Internet, at auction, etc.), check the "OTHER"
box and provide a detailed description(attach a separate sheet if necessary).
H. Describe any special terms (e.g., seller retains an unrecorded life estate in a portion of the property, etc.), seller concessions(e.g.,
seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the
broker/agent for either the buyer or seller),financing, buyer paid commissions, and any other information that will assist the Assessor in
determining the value of the property.
PART 4;PROPERTY INFORMATION
A. Indicate the property type or property right transferred. Property rights may include water,timber,mineral rights,etc.
B. Check YES if personal, business property or incentives are included in the purchase price in Part 3. Examples of personal or
business property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships (golf, health, etc.), ski
lift tickets,homeowners' dues,etc.Attach a list of items and their purchase price allocation.An adjustment will not be made if a detailed
list is not provided.
C.Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to
each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being
subject to property taxes,check NO and enter the decal number.
D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and Indicate the
source of that anticipated income. Check NO if the property will not generate income, or was purchased with the intent of being owner-
occupied.
E. Provide your opinion of the condition of the property at the time of purchase. If the property is in "fair" or"poor" condition, include a
brief description of repair needed.
SFRM0017(DSI Rev. 12/20117)
COMMONWEALTH LAND TITLE COMPANY
4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660
Phone: (949) 724-3140
Buyers/Borrowers Settlement Statement
Estimated
Escrow Officer: Escrow No: Close Date: Proration Date: Date Prepared: Disbursement Date:
Grace Kim 09182748-918 GKD 11/01/2018
Buyer(s)/Borrower(s): City of Palm Springs, a California charter city and municipal corporation
Properly: 68100 Ramon Road
Cathedral City, CA
Description Debit Credit
TOTAL CONSIDERATION:
Total Consideration 11,476.00
TITLE AND ESCROW CHARGES:
Title Charge based on$11,476.00 to Commonwealth Land Title 396.00
Escrow Charge to Commonwealth Land Title Company 630.00
Fed Ex"EST'to Commonwealth Land Title Company 95.00
Partial Reconveyance/Release/Consent Doc Prep to Commonwealth Land 150.00
Title Company
Partial Take/Reconveyance Fee to Commonwealth Land Title Company 200.00
RECORDING FEES:
Recording Fees"EST to Commonwealth Land Title 250.00
ADDITIONAL CHARGES:
Consideration for Temporary Construction Easement 12,720.00
Upfront Lender Processing Fee"EST 650.00
Escrow Pad(Remove at Closing if Not Needed) 650.00
Sub Totals 27,217.00 0.00
Balance Due From Buyer/Borrower 27,217.00
Totals 27,217.00 27,217.00
This statement is based on information available to the escrow holder as of the date this statement was prepared and the closing date shown
above. Actual amounts may change and/or vary depending on updated information received and the final closing date.
Printed by Vivian Lee on 11/1/2018- 2:23:59PM Page 1 of 2
COMMONWEALTH LAND TITLE COMPANY
4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660
Phone: (949) 724-3140
Buyers/Borrowers Settlement Statement
Estimated
Escrow Officer: Escrow No: Close Date: Proration Date: Date Prepared: Disbursement Date:
Grace Kim 09182748-918 GKD 11/01/2018
Buyers)/Borrower(s):
C prisgs,a Califor � r � and municipal co oration
By
Authorized Signer
By: 4- I
Namee&Title
APPROVED AS TO FORM
CITY ATTORNEY
ATTEST.
�'Ckr Clerk
APPROVED 8Y CITY COUNCIL
'Clt,m I.L. WjolIg Amm
This statement is based on information available to the escrow holder as of the date this statement was prepared and the closing date shown
above. Actual amounts may change and/or vary depending on updated information received and the final closing date.
Printed by Vivian Lee on 11/1/2018- 2:23:59PM Page 2 of 2
Commonwealth Land Title.,Company
Commonwealths 4100 Newport Place Dr.,Suite 120
Newport Beach,CA 9266660
LAND TITLE INSURANCE COMPANY Phone: (949)724-3140
Fax:
Grace U. Kim, Commercial Escrow Officer
Phone: (949) 724-3141 • Fax: (714) 459-7217
e-mail: aukim(dcltic.com
PRELIMINARY REPORT APPROVAL
Escrow Number: 09182748-918-GKD
Title Order Number: 09202619
Date: October 24, 2018
The undersigned acknowledge that they have read and received a copy of the Preliminary
Report of Title issued by Commonwealth Land Title under the above referenced order
number and hereby approve same in its entirety. The undersigned buyer acknowledges
receipt of a copy of the Covenants, Conditions and Restrictions, if any, as set forth in the
Preliminary Report and hereby approve same:
At the close of escrow, the Policy of Title Insurance issued in cne tion with t Is
transaction will contain only the following items: ��dt� oL i o"� i 1 —f'j +(� 11
PLUS those items that will reflect the documents being recorded throuqh this escrow. The
following items are to be eliminated: ,��"�f-Y�l&i �: A � anc7 rc7.
City of Palm Springs, a California charter city and municipal
boy 'on
;�
A{�ut�horized Sign
1YnAT`� By:
Name &Title
►� ul
APPROVED AS M FORM Date
ITY ATTORNEY
PROVED BY CITY COUNCIL
ATTE T.
,p
s
City Clerk
chi*eF Awt
Project: Ramon Road Widening Project
Project No.: Federal Project No. BHLS 5282 (040),
APN: 678-210-038
RIGHT OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW
INSTRUCTIONS, (the"Agreement"), is made and entered into as of , 20]1, by
and between the City of Palm Springs, a California charter City and municipal
corporation, ("Buyer"), and JLO Cathedral Plaza, LLC, a California limited liability
Company,, ("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) 678-210-038, (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 A-2, and B-1 and B-2 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
1. 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 Exhibits A-1 and A-2 and depicted on
Exhibit B-1, and B-2 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
Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
Page 1 of 15
1079714.1
of all adjacent public streets and public rights of way, mineral rights, oil and gas rights,
water, water rights, air rights, development rights and privileges appurtenant thereto and all
improvements located thereon.
1.2 Purchase Price. The purchase price, ("Purchase Price"), for the Rights-of-
Way shall be Eleven Thousand Four Hundred Seventy-Six Dollars and Zero Cents
($11,476.00) 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 underArticle 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 Closing Date; Conditions Precedent to Close of Escrow. Provided all of the
conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to
be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or
before June 30, 2019 (the "Closing Date"), unless otherwise extended by mutual
agreement. As used in this Agreement, the "Close of Escrow" shall mean the date a
Grant Deed and Slope Easement as provided in Section 2.4.2(a) hereof("Grant Deed and
Slope Easement"), is recorded in the Official Records of the County.
2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's
obligation to purchase the Rights-of-Way are subject to the satisfaction of the following
conditions or Buyer's written waiver of such conditions on or before the Closing Date.
Buyer may waive in writing any or all of such conditions in its sole and absolute discretion.
(a) The Purchase Price shall have been determined in
accordance with Section 1.2; and
(b) Seller shall have performed all obligations to be performed
by Seller pursuant to this Agreement; and
(c) No event or circumstance shall have occurred which would
make any of Seller's representations, warranties and covenants set forth herein untrue as
of the Close of Escrow; and
(d) There shall have occurred no material adverse change in the
physical condition of the Property(such as those caused by natural disasters)which would
render the Rights-of-Way unsuitable for Buyer's intended use or which would materially
increase the cost or cause a material delay in the schedule for Buyer's planned
improvements of the Rights-of-Way; and
(e) The Title Company shall be committed to issue to Buyer, as
of the Closing Date, the Title Policy (defined below) covering the Rights-of-Way, subject
only to the Permitted Exceptions, and
(f) All monetary encumbrances, if any, shall have been
reconveyed and title shall be conveyed free of all monetary encumbrances. Title to the
Rights-of-Way shall be conveyed to Buyer free and clear of all recorded and unrecorded
liens, encumbrances, assessments, easements, leases and taxes except for any non-
delinquent taxes for the fiscal year in which this transaction closes which shall be cleared
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 to sell and convey the Rights-of-Way are subject to the satisfaction of the
following conditions or Seller's written waiver of such conditions on or before the Closing
Date. Seller may waive in writing any or all of such conditions as a condition to the Close
of Escrow in its sole and absolute discretion.
(a) The Purchase Price shall have been determined in
accordance with Section 1.2;
(b) Buyer shall have performed all obligations to be performed
by Buyer pursuant to this Agreement; and
(c) No event or circumstance shall have occurred which would
make any of Buyer's representations, warranties and covenants set forth herein untrue as
of the Close of Escrow.
2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition
precedent to the Close of Escrow is expressly waived, in writing, as a condition to the
Close of Escrow by the Party for whose benefit such condition exists, then, to the extent
such condition is capable of being satisfied following the Close of Escrow, such condition
shall become a condition subsequent to the Close of Escrow and shall be satisfied by the
party whose performance is required to satisfy such condition as soon as reasonably
possible following the Close of Escrow.
2.4 Closing Documents. The parties shall deposit the following with Escrow
Holder prior to the Close of Escrow:
2.4.1 Buyer's Deposits. Buyer shall deposit:
(a) The Purchase Price togetherwith Buyer's escrow and other
cash charges; and
(b) A Certificate of Acceptance for the Grant Deed and Slope
Easement as in a legally sufficient form typically used by Buyer.
2.4.2 Seller's Deposits. Seller shall deposit:
(a) The Grant Deed and Slope Easement as in the form of
Exhibit C-1 and C-2 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 "Withholding Affidavit') duly executed by Seller.
2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each
deposit such other instruments as are reasonably required by Escrow Holder or otherwise
required to proceed to the Close of Escrow and consummate the conveyance of the
Rights-of-way from Seller to Buyer in accordance with the terms of this Agreement.
2.5 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 and Slope Easement 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 and Slope Easement 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.
Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
Page 5 of 15
1079714.1
3. ACTIONS PENDING CLOSING.
3.1. Title Review.
3.1.1 Title Report. Within three (3) business days after the Opening of
Escrow, Commonwealth Land Title (the "Title Company") will furnish Buyer and Seller
with an updated Title Commitment on the Property together with legible copies of all
documents referenced therein as exceptions to title and a plot plan for the Property
showing all the locations of all easements referenced therein (collectively, the "Title
Commitment").
3.12 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
conducted at or materials delivered to or for the Property from time to time by Seller, or at
Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's
lien with respect to such work or materials.
3.5. Loss or Damage to Improvements. Loss or damage to the Property, including
any improvements existing thereon as of the date of this Agreement, by fire or other
casualty, occurring prior to the recordation of the Grant Deed and Slope Easement 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 and Slope Easement 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, orto 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
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Hazardous Substance from, into, on, under or about the Property, (d)there is not now, nor
has there ever been on or in the Property underground storage tanks or surface
impoundments, any asbestos-containing materials or any polychlorinated biphenyls used in
hydraulic oils, electrical transformers or other equipment, and (e)there is not now, nor has
there ever been, debris or refuse buried in or under the Property which would adversely
affect the development of the Property. Seller hereby assigns to Buyer as of the Close of
Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant
to any other applicable federal or state or other laws which Seller may have against any
third parties relating to the existence of any Hazardous Substance in, at, on, under or about
the Property. As used in this Agreement, the term "Hazardous Substances" shall have
the meaning set forth on Exhibit E attached hereto. At any time prior to the Close of
Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to
ascertain the presence of any Hazardous Substances on, in, under and about the Property.
To the best of Seller's knowledge the Property complies with all applicable laws and
governmental regulations including, without limitation, all applicable federal, state, and local
laws pertaining to air and water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal
Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and
Comprehensive Environmental Response Compensation and Liability Acts, and the
California Environment Quality Act, and the rules, regulations, and ordinances of the City,
the California Department of Health Services, the Regional Water Quality Control Board,
the State Water Resources Control Board, the Environmental Protection Agency, and all
applicable federal, state, and local agencies and bureaus.
Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim,
action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
disposal of any Hazardous Material on, under, in or about, 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, orother adverse effect
on the environment).
4.1.3 Endangered Species. To Seller's knowledge, there are no
endangered species or protected natural habitat, flora orfauna 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
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work performed or commenced prior to the date of this Agreement or relating to the
environmental condition of the Property. Seller agrees to hold Buyer harmless from all
costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys'
fees, arising from or relating to any such lien or any similar lien claimed against the
Property and arising from work performed or commenced prior to the Close of Escrow,
unless performed by or at the request of Buyer.
4.1.5 Leases/Easements. There are no leases, rental agreements or
other such contracts of any kind or nature affecting possession or occupancy of the
Property, and Seller shall not enter into any such contracts during the term of this
Agreement without the prior consent of Buyer.
4.1.6 Other Facts and Circumstances. There are no other facts or
circumstances known to Seller that would preclude, prevent or impair the development of
the Property.
4.1.7 No Untrue Statements or Omissions of Fact. Neither this
Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement
referred to herein or furnished to Buyer in connection with the transaction contemplated
herein (whether delivered prior to, simultaneously with, or subsequent to the execution of
this Agreement) contains any untrue statement of material fact or, omits to state a material
fact in any way concerning the Property, or otherwise affecting or concerning the
transaction contemplated hereby.
Each of the representations and warranties made by Seller in this Agreement, or in
any exhibit, or on any document or instrument delivered pursuant hereto shall be
continuing representations and warranties which shall be true and correct in all material
respects on the date hereof, and shall be deemed to be made again as of the Close of
Escrow and shall then be true and correct in all material respects. The truth and accuracy
of each of the representations and warranties, and the performance of all covenants of
Seller contained in this Agreement, are conditions precedent to the Close of Escrow.
Seller shall immediately notify Buyer of any fact or circumstance which becomes known to
Seller which would make any of the foregoing representations or warranties untrue.
4.2. Buyer's Representations and Warranties. Buyer represents and warrants to
Seller as follows, all of which shall survive the Close of Escrow:
4.2.1 Buyer's Authority. Buyer has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactions
contemplated by, this Agreement, and that this Agreement has been duly authorized and
executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and
binding Agreement of Buyer.
4.2.2 No Untrue Statements or Omissions of Fact. Neither this
Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement
referred to herein or furnished to Seller in connection with the transaction contemplated
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herein (whether delivered prior to, simultaneously with, or subsequent to the execution of
this Agreement) contains any untrue statement of material fact or, omits to state a material
fact in any way concerning the Property, or otherwise affecting or concerning the
transaction contemplated hereby.
Each of the representations and warranties made by Buyer in this Agreement, or in
any exhibit or on any document or instrument delivered pursuant hereto, shall be
continuing representations and warranties which shall be true and correct in all material
respects on the date hereof, and shall be deemed to be made again as of the Close of
Escrow, and shall then be true and correct in all material respects. The truth and accuracy
of each of the representations and warranties, and the performance of all covenants of
Buyer contained in this Agreement, are conditions precedent to the Close of Escrow.
Buyer shall notify Seller immediately of any facts or circumstances which are contrary to
the foregoing representations and warranties contained in this Section 4.2.
4.3. Mutual Indemnity. Sellerand 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
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payable in connection with this transaction. Buyer and Seller each agree to indemnify and
hold harmless the other against any loss, liability, damage, cost, claim or expense
(including reasonable attorneys' fees) incurred by reason of breach of the foregoing
representation by the indemnifying party. Notwithstanding anything to the contrary
contained herein, the representations, warranties, indemnities and agreements contained
in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement.
7. MAINTENANCE AND REPAIR. The Seller(s) and successors and assignees
in interest shall maintain and repair the improvements including and without limitation all
structures, sidewalks, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, in a first class condition, free from waste and debris,
and in accordance with all applicable law, rules, ordinances, and regulations of all federal,
state, and local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant agreement for the
property if required by the City.
8. GENERAL PROVISIONS.
8.1. Counterparts; Facsimile Signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which, taken together,
shall constitute one and the same instrument and any executed counterpart may be
delivered by facsimile transmission with the same effect as if an originally executed
counterpart had been delivered.
8.2. Further Assurances. Each of the parties agrees to execute and deliver such
other instruments and perform such acts, in addition to the matters herein specified, as
may be appropriate or necessary to effectuate the agreements of the parties, whether the
same occurs before or after the Close of Escrow.
8.3. Entire Agreement. This Agreement, together with all exhibits hereto and
documents referred to herein, if any, constitute the entire agreement among the parties
hereto with respect to the subject matter hereof, and supersede all prior understandings or
agreements. This Agreement may be modified only by a writing signed by both parties. All
exhibits to which reference is made in this Agreement are deemed incorporated into this
Agreement whether or not actually attached.
8.4. Headings. Headings used in this Agreement are for convenience of reference
only and are not intended to govern, limit, or aide in the construction of any term or
provision hereof.
8.5. Choice of Law. This Agreement and each and every related document are to
be governed by, and construed in accordance with, the laws of the State of California.
8.6. Severability. If any term, covenant, condition or provision of this Agreement,
or the application thereof to any person or circumstance, shall to any extent be held by a
court of competent jurisdiction or rendered by the adoption of a statute by the State of
California or the United States invalid, void or unenforceable, the remainder of the terms,
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1079714.1
covenants, conditions or provisions of this Agreement, or the application thereof to any
person or circumstance, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of
such provision does not materially adversely affect the benefits accruing to, or the
obligations imposed upon, any party hereunder, and the parties agree to substitute for the
invalid or unenforceable provision a valid and enforceable provision that most closely
approximates the intent and economic effect of the invalid or unenforceable provision.
8.7. Waiver of Covenants. Conditions or Remedies. The waiver by one party of
the performance of any covenant, condition or promise, or of the time for performing any
act, under this Agreement shall not invalidate this Agreement nor shall it be considered a
waiver by such party of any other covenant, condition or promise, or of the time for
performing any other act required, under this Agreement. The exercise of any remedy
provided in this Agreement shall not be a waiver of any other remedy provided by law, and
the provisions of this Agreement for any remedy shall not exclude any other remedies
unless they are expressly excluded.
8.8. Legal Advice. Each party has received independent legal advice from its
attorneys with respect to the advisability of executing this Agreement and the meaning of
the provisions hereof. The provisions of this Agreement shall be construed as to the fair
meaning and not for or against any party based upon any attribution of such party as the
sole source of the language in question.
8.9. Relationship of Parties. The parties agree that their relationship is that of
Seller and Buyer, and that nothing contained herein shall constitute either party, the agent
or legal representative of the other for any purpose whatsoever, nor shall this Agreement
be deemed to create any form of business organization between the parties hereto, nor is
either party granted the right or authority to assume or create any obligation or
responsibility on behalf of the other party, nor shall either party be in 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 finaljudgment, 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-
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8.12. Notices. No notice, request, demand, instruction, or other document to be
given hereunderto any Party shall be effective for any purpose unless personally delivered
to the person at the appropriate address set forth below (in which event such notice shall
be deemed effective only upon such delivery), delivered by air courier next-day delivery
(e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt
requested, or sent via telecopier, as follows:
If to Buyer, to: Attn: City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8332
Telephone No.: (760) 323-8204
If to Seller, to: JLO Cathedral Plaza, LLC
Attn. Jose L. Olvera
3455 Valencia Ave.
San Bernardino, CA 92404
If to Escrow Holder, to: Grace Kim
Commonwealth Land Tirle
4100 Newport Place Dr Suite #120
Newport Beach CA 92660
Facsimile No.: (714)459-7217
Telephone No.: (949)724-3141
Notices delivered by air courier shall be deemed to have been given the next business day
after deposit with the courier and notices mailed shall be deemed to have been given on
the second day following deposit of same in any United States Post Office mailbox in the
state to which the notice is addressed or on the third day following deposit in any such post
office box other than in the state to which the notice is addressed, postage prepaid,
addressed as set forth above. Notices sent via telecopy shall be deemed delivered the
same business day transmitted. The addresses, addressees, and telecopy numbers for
the purpose of this Paragraph, may be changed by giving written notice of such change in
the manner herein provided for giving notice. Unless and until such written notice of
change is received, the last address, addressee, and telecopy number stated by written
notice, or provided herein if no such written notice of change has been received, shall be
deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as
set forth above is as an accommodation only and is not required to effectuate notice
hereunder.
8.13. Survivability. All covenants of Buyer or Seller which are intended hereunder
to be performed in whole or in part after Close of Escrow and all representations,
warranties, and indemnities by either Party to the other, shall survive Close of Escrow and
delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties.
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Page 13 of 15
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7.14. Release. The total compensation to be paid by Buyer for the Property is the
Purchase Price, which consideration covers all land and improvements, attached or
detached furniture, fixtures and equipment, loss of business goodwill, and is the full and
complete acquisition cost of the Property. Buyer is in compliance with the California
Relocation Assistance and Real Property Acquisition statutes and guidelines and the
Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and
Federally Assisted Programs. Except for any breach of terms or conditions contained in
this Agreement, Seller waives and forever releases Buyer, including its successors,
officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's
behalf, of and from any and all claims, demands, actions or causes of action, obligations,
liabilities, or claims forfurther 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 DEBT-OR."
I
Se r" 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 Recordinq. 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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1079714.1
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year
first above written.
BUYER: SELLER:
CITY OF PALM SPRINGS, a California JLO Cathedral Pla� LC, a California
charter city and municipal corporation limited liability Com zany_
MK B
David H. Ready, City Ma ger Its:
ATT T:
By:
B Its:
nthon"aC' rk
APPROVED A
APPROVED By CITY COUNCIL
All
Edward Kotkin, Oity Aqorr1ey
Exhibit List
Exhibit A-1 Legal Description of the Fee Acquisition
Exhibit A-2 - Legal Description of the Slope Easement
Exhibit B-1 - Depiction of Fee Acquisition
Exhibit B-2 - Depiction of the Slope Easement
Exhibit C-1 - Form of Grant Deed
Exhibit C-2 - Form of Slope Easement
Exhibit D - Affidavit of Non-foreign Taxpayer Status
Exhibit E - Definition of Hazardous Substances
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Page 15 of 15
1079714.1
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 CCt lxv�t c:
County of �X�Y 1�PCrcUticl
On �'�cs ; before me,
Date Name, Title f Officer
personally appeared �oS, �L1 O zrk
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. MELISSA R.MALONEY-MANN
a° COMM. #2205423
_ Z Notary Public California o
�. t Riverside County
natureo of ry M Comm.E iresJul 152021�
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
10797141
ACCEPTANCE BY ESCROW HOLDER:
COMMONWEALTH LAND TITLE hereby acknowledges that it has received a fully
executed counterpart of the foregoing Agreement for Acquisition of Real Property and
Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and
perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as
Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be
responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal
Revenue Code of 1986, as amended and the regulations thereunder and California
Revenue and Taxation Code§18662 and shall defend, indemnify and hold Buyer harmless
in connection with such obligations.
Date: COMMONWEALTH LAND TITLE
By:
Name:
Its:
1079714.1
Exhibit "A-1" and "A-2"
to the Grant Deed and Slope Easement
LEGAL DESCRIPTION OF THE RIGHT OF WAY and SLOPE EASEMENT
Exhibit"A"
1079714.1
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
RIGHT-OF-WAY DEDICATION
RIGHT-OF-WAY AREA:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 4 OF PARCEL MAP NO. 9536, AS SHOWN
BY MAP ON FILE IN BOOK 63, PAGE 88, OF PARCEL MAPS, RIVERSIDE COUNTY
RECORDS AND A PORTION OF LOT159 OF ASSESSOR'S MAP NO. 46, AS SHOWN
BY MAP RECORDED IN BOOK 2, PAGE 3, OF ASSESSOR MAPS, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD;
THENCE NORTH 89055'50" EAST, ALONG THE SOUTHERLY LINE OF SAID
SECTION 16 AND THE CENTERLINE OF RAMON ROAD, A DISTANCE OF 200.00
FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00008'52" EAST, A DISTANCE
OF 55.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD;
THENCE NORTH 89055'50" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 74.40 FEET AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 00-54-48"
WEST, A DISTANCE OF 0.49 FEET;
THENCE NORTH 89008'03" EAST, A DISTANCE OF 231.09 FEET;
THENCE NORTH 00004'10" WEST, A DISTANCE OF 1.85 FEET;
THENCE NORTH 89030'14" EAST, A DISTANCE OF 51.40 FEET;
THENCE SOUTH 00023-20" EAST, A DISTANCE OF 5.94 FEET TO SAID
NORTHERLY RIGHT-WAY-LINE OF RAMON ROAD;
THENCE SOUTH 89055-50" WEST, ALONG SAID NORTHERLY LINE A DISTANCE
OF 282.50 FEET, TO THE TRUE POINT OF BEGINNING;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210.038 JLO CATHEDRAL PLAZA LLC
RIGHT-OF-WAY DEDICATION
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 781 SQUARE FEET OR 0.018 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
CK4MES R HM M
CHARLES R. HARRIS P.L.S. 4989 * H, aeae
DATED: / 7 Z-o OFC�
2OF2
.._ _... _ .. . ..
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
SLOPE EASEMENT
SLOPE EASEMENT:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 4 OF PARCEL MAP NO. 9536, AS SHOWN
BY MAP ON FILE IN BOOK 63, PAGE 88, OF MAPS, RIVERSIDE COUNTY
RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD;
THENCE NORTH 89055'50" EAST, ALONG THE SOUTHERLY LINE OF SAID
SECTION 16 AND THE CENTERLINE OF SAID RAMON ROAD, A DISTANCE OF
200.00 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00008'52" EAST, A DISTANCE
OF 55.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMON
ROAD AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 89*55-50" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
A DISTANCE OF 74.40 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 00054'48"
WEST, A DISTANCE OF 0.49 FEET;
THENCE NORTH 89008'03" EAST, A DISTANCE OF 231.09 FEET;
THENCE NORTH 00004.10" WEST, A DISTANCE OF 1.85 FEET;
THENCE NORTH 87032'01" WEST, A DISTANCE OF 77.81 FEET TO A LINE
PARALLEL WITH SAID RAMON ROAD CENTERLINE;
THENCE SOUTH 89055-50" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF
50.00 FEET;
THENCE SOUTH 85041-39" WEST, A DISTANCE OF 81.22 FEET TO A LINE
PARALLEL WITH AND 3.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-
WAY LINE OF RAMON ROAD;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
SLOPE EASEMENT
THENCE SOUTH 85041-39" WEST, A DISTANCE OF 81.22 FEET TO A LINE
PARALLEL WITH AND 3.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-
WAY LINE OF RAMON ROAD;
THENCE SOUTH 89055'50" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF
96.72 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 4;
THENCE SOUTH 00008-52" WEST, ALONG SAID WESTERLY LINE A DISTANCE OF
3.00 FEET, TO THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 1,307 SQUARE FEET OR 0.030 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
CHARLES R. HARRIS P.L.S. 4989 cnLEsIt WMS
y No.4OU 1
DATED: /1 7 2017 OF cpUF
2OF2
Exhibit "B-1" and "B-2"
to the Grant Deed and Slope Easement
DEPICTION OF THE RIGHT OF WAY and SLOPE EASEMENT
Exhibit"B"
t 079714,1
EXHIBIT "B" U.
o
RIGHT-OF-WAY j
APN 678-210-038 JLO CATHEDRAL PLAZA LLC, r
SEC. 16, T.4S., R.5E., SBM R/W AREA
W'LY LINE OF JLO CATHEDRAL PLAZA LLC, 781 SO. FT.
0 PAR. 4 PER DOC. # 2014-0498362 0.018 AC. m
cc SEE DETAIL 'A• REC. 12/30/2014, O.R. M
BELOW APN: 678-210-038 / 1 U-)� a
PARCEL 4 I ^Z M
J \ PMB 63/62-63 11 a
coL3 / r N 89'08'03" E 231.09'
o I TP.O.B. S 89'55'50" w 282.50
z I ` —,R/W AREA N'LY R/W LINE
SEE DETAIL •B•_ _ �
1)7 18, I _ RAMON ROAD _ BELL
Ll
20 21 S'LY LINE OF SEC. 16 ANDJ
P.O.C. C/L OF RAMON ROAD
SW COR. OF PARCEL 4
SEC. 16 PMB 63/62-63 L5 I� L6
N 89'08'03" E 231.09'
JAV
1
T.P.O.& S 89'55'50" W 282.50'
R/W AREA RAMON ROAD DETAIL 'B'
NOT TO SCALE DETAIL • NOT TO SCALE
LINE DATA
NO. BEARING LENGTH
L1 N 89'55'50" E 200.00
L2 N 00'08'520 E 55.00 O
L3 N 89'55 50 E 74.40
L4 N 00054488 W 0.49'
L5 N 00'04 10" W 1.85' C
L6 N 89'30 14" E 51.40'
L7 IT 00'23'20" E 5.94 / o. 45a9�
I%� `
�J Q15' CVWD ESMT. PER INST. OF CA7-
48525 REC. 02/16/1989, O.R.
0' 60� 12D' DATED:
SCALE 1"=60'
PROJECT NAME: RAMON ROAD MSA CONSULTING, INC.
CITY PROJECT RA O PLANNING ■ CIvIL ENGINEERING
LAND SURVEYING
IS PLAT IS AN AID IN LOCATING THE PARCEL(S)
DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY
CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 1
EXHIBIT "B"
SLOPE EASEMENT
APN 678-210-038 JLO CATHEDRAL PLAZA LLC, w
SEC. 16, T.4S., R.5E., SBM
.i l J
i a
JLO CATHEDRAL PLAZA LLC,
I PER DOC. # 2014-0498362
SEE DETAIL 'A• REC. 12/30/2014, O.R.
APN: 678-210-038 1
cc BELOW
PARCEL a PARCEL A I 159
W W'LY LINE PMB 63/62-63 1,307 SO. F F. AM 46
j PAR. 4 \ 0.030 AC. I AMB 2/3
m L1 reo L9 LB r L7 r L6
L3
o T.P N 89'08'03" E 231.09
. — — —
Z I PAR. A • �
J �I � N LY R/W LINE Lnn
17 B, �I _ RAMON ROAD
Ll
20 21 STY LINE OF SEC. 16 AND
SW OR. OF C/L OF RAMON ROAD LINE DATA
SEC. 16
NO. BEARING LENGTH
L7 N 89'55 50' E 200.00
L2 N 00'08 52 E 55.00
L3 N 89.55'50 E 74.40
�- L9 L4 N 01754 48 W 0.49'
PARCEL A L6 N 8T32 O10 W 77 81'
L L7 IS 89-55 50 W 50.00'
l.8 IS 0541 39 W 81.22'
L3 1 L9 S 89 55 50 W 96.72'
N'LY R/W LINE L70 S 00'08 52• W 3.00
RAMON ROAD
DETAIL •A•
®• NOT TO SCALE
R
89
0' 60' 120' c
cr-
SCALE 1"a60' DATED:
Q1
15' CVWD ESMT. PER INST.
4B525 REC. 02/15/1989, O.R.
PROJECAMON ROAD MSA CONSULMO, INC.
T NAME: R R
CITY PROJECT RA N PLANNING ■ Cim ENC3INEBRINa
LAND SuRvEyiNG
["THIS PLAT IS AN AID IN LOCATING THE PARCEL S
ESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY ID
CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 1
EXHIBIT "C-1" and "C-2"
FORM OF GRANT DEED and SLOPE EASEMENT
(Exhibit "C-1" and "C-2" follows this page).
Exhibit"C
1o79714A
EXHIBIT "C-1"
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: 678-210-028
For a valuable consideration, receipt of which is hereby acknowledged, JLO Cathedral
Plaza, LLC, a California limited liability Company, (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:
JLO Cathedral Plaza, LLC, a California
limited liability Company
Dated: By:
Its:
By:
Its:
Exhibit"C"
1009714.1
EXHIBIT "C-2"
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 - SLOPE EASEMENT
APN: 678-210-038
For a valuable consideration, receipt of which is hereby acknowledged, JLO Cathedral
Plaza, LLC, a California limited liability Company, (hereinafter "Grantor"), hereby
GRANTS to the City of Palm Springs, a California charter city and municipal
corporation, (hereinafter"Grantee"), an easement and right-of-way for earth embankment
slopes, together with the right to construct and maintain such slopes and embankments
and facilities incidental thereto, over, under, along and across all that real property situated
in the City of Cathedral City, County of Riverside, State of California, described as follows:
See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes
Reserving unto the Grantor herein, heirs and assigns the continued use of the above
described parcel of land subject to the following conditions: The erecting of buildings,
masonry walls, and other permanent structures; the planting of trees; the changing of the
surface grade; and the installation of privately owned pipe lines shall be prohibited except
by Encroachment Agreement issued by the City Engineer.
GRANTOR:
JLO Cathedral Plaza, LLC, a California
limited liability Company
Dated: By:
Its:
By:
Its:
Exhibit"C"
1079714.I
EXHIBIT D
DO NOT RECORD. TRANSFEREE (BUYER)
DO NOT SEND 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 coo <= f�cz/ :S` (nG VLF 24
(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).
(11) 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� �� Va-� �-,v G/s-Q1v9
> l � �Lfv 2 �, uC c_ C, zye,,y
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).
Exhibit"D"
1079714.1
4. The Transferor understands that each transferee is relying on this certificate
in determining whether withholding is required and each transferee may face liabilities if
any statement in this certificate is false.
5. The Transferor hereby indemnifies each transferee, and agrees to defend
and hold each transferee harmless, from any liability, cost, damage, or expense which
such transferee may incur as a result of:
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. n
EXECUTED in�y\ \ rMy-&3c3 County, State of
on � i dal
Transferor: -�
By: J<L\
Title: J& UNA F-eat t
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 orwaste, 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 orderforthe
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 sue.;
(7) Asbestos, PCBs, and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. §§ 2601 et sec .;
(8) Any radioactive material including, without limitation, any "source material"
"special nuclear material", "by-product material" "low-level wastes", "high-level radioactive
waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or
radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C.
§§ 2011 et seq., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq.
(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
sue.;
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
City ®f 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
GRANT DEED
Dated:
From:
JLO CATHEDRAL PLAZA, LLC, a California Limited Liability Company
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 i sF day of
11� �,e�2018, 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 �'} day of , 2018.
�pALM$,.
iy
u n
a C
'9<1 Vn RNA ZiN
HO Y MEJIA
City Clerk
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: 678-210-038
For a valuable consideration, receipt of which is hereby acknowledged, JLO Cathedral
Plaza, LLC, a California limited liability Company, (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:
JLO h ral Plaz�, LJLC, a California
� gny
Dated:
Its: S,-,
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 -id_ X a
el
County of C�CUN X CC Ord ro y
On � -TL �S ._ l before me, I Y�k-,yL_�,
Date `` Name, Title of Offi` r
personally appeared � LUNS C�V2;��
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. MELISSA R. MALONEY•MANN
COMM. #2205423 z
z @My
Notary Public- California
Riverside County
Comm.Expires JuIZ 15,2021
�_SWnature�of�l to
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
Exhibit "A"
LEGAL DESCRIPTION OF THE AREA
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
RIGHT-OF-WAY DEDICATION
RIGHT-OF-WAY AREA:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 4 OF PARCEL MAP NO. 9536, AS SHOWN
BY MAP ON FILE IN BOOK 63, PAGE 88, OF PARCEL MAPS, RIVERSIDE COUNTY
RECORDS AND A PORTION OF LOT159 OF ASSESSOR'S MAP NO. 46, AS SHOWN
BY MAP RECORDED IN BOOK 2, PAGE 3, OF ASSESSOR MAPS, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD;
THENCE NORTH 89055'50" EAST, ALONG THE SOUTHERLY LINE OF SAID
SECTION 16 AND THE CENTERLINE OF RAMON ROAD, A DISTANCE OF 200.00
FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00008'52" EAST, A DISTANCE
OF 55.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD;
THENCE NORTH 89055'50" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 74.40 FEET AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 00054'48"
WEST, A DISTANCE OF 0.49 FEET;
THENCE NORTH 89008'03" EAST, A DISTANCE OF 231.09 FEET;
THENCE NORTH 00004'10" WEST, A DISTANCE OF 1.85 FEET;
THENCE NORTH 89030'14" EAST, A DISTANCE OF 51.40 FEET;
THENCE SOUTH 00023'20" EAST, A DISTANCE OF 5.94 FEET TO SAID
NORTHERLY RIGHT-WAY-LINE OF RAMON ROAD;
THENCE SOUTH 89°55'50" WEST, ALONG SAID NORTHERLY LINE A DISTANCE
OF 282.50 FEET, TO THE TRUE POINT OF BEGINNING;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
RIGHT-OF-WAY DEDICATION
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 781 SQUARE FEET OR 0.018 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
CHARLES R. HARRIS P.L.S. 4989 * No, 49:0 y
�y 7{
DATED: / 7 Zo17 �OF cw
20F2
Exhibit "B"
DEPICTION OF THE AREA
EXHIBIT "B" o
RIGHT-OF-WAY
APN 678-210-038 JLO CATHEDRAL PLAZA LLC, J a
SEC. 16, T.4S., R.5E., SBM R/W AREA wa
W'LY LINE OF JLO CATHEDRAL PLAZA LLC, 781 SQ. FT.
Q PAR. 4 PER DOC. # 2014-0498362 0.018 AC. to
cc SEE DETAIL 'A' REC. 12/30/2014, O.R.
> BELOW APN: 678-210-038 1 ,to o N
PARCEL 4 I ^z
J \ PMB 63/62-63 , a
� o / , a
m
L3 � N 89'OB'03" E 231.09' �—� I� �
"-- S 89'55'50" W 282.50
Z i T.P.O.B. N'LY R/W LINE
—,R/W AREA
_ � _ _ _ _ _ _ _SEE DETAIL •B'_�_r_ _ _1-1
17 I8, I _ RAMON ROAD BELOW
Ll �.
20 21 STY LINE OF SEC. 16 ANDY
P.O.C. C/L OF RAMON ROAD
SW COR. OF PARCEL 4
SEC. 16 PMB 63/62-63 L5 L6
r- N 89'08'03" E 231.D9
—L3 1
TP.0.8. S BW55'50" W 282.50'
DETAIL •A R/W AREA RAMON ROAD DETAIL •B'
NOT TO SCALE NOT TO SCALE
LINE DATA
NO. BEARING LENGTH
L1 N 89'55'50" E 200.00
L2 N 80'08 52 E 55.00
L3 N 89'55'50" E 74,4D
L4 N 0954'48" W 0.49'
L5 N 00'0410 W 1.85' c
L6 N 89'30 14" E 51.40'
00'23'20" E 5.94 a. 4999
OF CA1a`
Q15' CVWD ESMT. PER INST.
48525 REC. 02/16/1989, O.R.
0' 60' 120' DATED: 7 Z0/7
SCALE 1"=60'
PROJECT NAME: RAMON ROAD MSA CONSULTING, INC.
CITY PROJECT N0. 08-25 PLANNING ■ CIVII. ENGINBERING
LAND SuxveyiNG
IS 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
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.pali-nsprin-,sct.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
GRANT DEED —SLOPE EASEMENT
Dated:
From:
JLO CATHEDRAL PLAZA, LLC, a California Limited Liability Company
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 i S� day of
CthiLi(2018, 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 �Sr day of�l,fBT, 2018.
4�QALM Sp4
G�
S
FOR
ANTHON MEJIA
City Clerk
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 - SLOPE EASEMENT
APN: 678-210-038
For a valuable consideration, receipt of which is hereby acknowledged, JLO Cathedral
Plaza, LLC, a California limited liability Company, (hereinafter "Grantor'), hereby
GRANTS to the City of Palm Springs, a California charter city and municipal
corporation, (hereinafter "Grantee"), an easement and right-of-way for earth
embankment slopes, together with the right to construct and maintain such slopes and
embankments and facilities incidental thereto, over, under, along and across all that real
property situated in the City of Cathedral City, County of Riverside, State of California,
described as follows:
See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes
Reserving unto the Grantor herein, heirs and assigns the continued use of the above
described parcel of land subject to the following conditions: The erecting of buildings,
masonry walls, and other permanent structures; the planting of trees; the changing of
the surface grade; and the installation of privately owned pipe lines shall be prohibited
except by Encroachment Agreement issued by the City Engineer.
GRANTOR:
JLO Cathed .1 Plaza, LLC, a California
limite Iity�Com ny
Dated: rJ ytv'Q 5/ Z C �R B
Its:
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 L,G y qx4u G�
County of '� � -`�Y\c�-+c%tlinu
On c�l�.s�S / 01 L5 before me, a
Date \ Name, Title of Officer
personally appeared C lC� < (�uS ��� VC
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. 1AELISSA R.M#Z205423 HN„
z
COMM• CaOOVOI o
Notary Pubtic• only
Rrverside��1 15, 1
z Comm.
Signature No ary
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
Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
1078843.1
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
SLOPE EASEMENT
SLOPE EASEMENT:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 4 OF PARCEL MAP NO. 9536, AS SHOWN
BY MAP ON FILE IN BOOK 63, PAGE 88, OF MAPS, RIVERSIDE COUNTY
RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD;
THENCE NORTH 89055'50" EAST, ALONG THE SOUTHERLY LINE OF SAID
SECTION 16 AND THE CENTERLINE OF SAID RAMON ROAD, A DISTANCE OF
200.00 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00008'52" EAST, A DISTANCE
OF 55.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMON
ROAD AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 89055-50" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
A DISTANCE OF 74.40 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 00054'48"
WEST, A DISTANCE OF 0.49 FEET;
THENCE NORTH 89°08'03" EAST, A DISTANCE OF 231.09 FEET;
THENCE NORTH 00004'10" WEST, A DISTANCE OF 1.85 FEET;
THENCE NORTH 87032'01" WEST, A DISTANCE OF 77.81 FEET TO A LINE
PARALLEL WITH SAID RAMON ROAD CENTERLINE;
THENCE SOUTH 89055-50" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF
50.00 FEET;
THENCE SOUTH 85041'39" WEST, A DISTANCE OF 81.22 FEET TO A LINE
PARALLEL WITH AND 3.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-
WAY LINE OF RAMON ROAD;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
SLOPE EASEMENT
THENCE SOUTH 85041'39" WEST, A DISTANCE OF 81.22 FEET TO A LINE
PARALLEL WITH AND 3.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-
WAY LINE OF RAMON ROAD;
THENCE SOUTH 89055-50" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF
96.72 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 4;
THENCE SOUTH 00008'52" WEST, ALONG SAID WESTERLY LINE A DISTANCE OF
3.00 FEET, TO THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 1,307 SQUARE FEET OR 0.030 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF,
PREPARED BY OR UNDER THE DIRECTION OF:
CHARLES R. HARRIS P.L.S. 4989 eNu9�e w ruRrws�
1. No. 4969 1
DATED: // v ? 17 OF
20F2
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
1078843.1
EXHIBIT 11B1'
SLOPE EASEMENT
APN 678-210-038 JLO CATHEDRAL PLAZA LLC, w
SEC. 16, T.4S., R.5E., SBM
JIr
4
wa
JLO CATHEDRAL PLAZA LLC,
PER DOC. # 2014-0498362
SEE DETAIL •A' REC, 12/30/2014, D.R.
0 APN: 678-210-038 BELOW PARCEL A I 1
� PARCEL � 1 I 5
J AiNE PMB63/6263 307 SQ. FT. AM46R. 4 / 0.030 AC. AMe z/3
m L1 L7 L6LB
1 L3 N 89'08'03" E 231.09
o T.P. .8.
.Z¢.1 PAR. A — �N'LY R/W LINE
Ln
17 1B I RAMON ROAD J
qL1 - - - - -
20 21 S'LY LINE OF SEC. 16 AND
p.0 0, C/L OF RAMON ROAD LINE DATA
SW COR. OF
SEC. 16 NO. BEARING LENGTH
L1 N 89'55'50" E 200.00
L2 N 00'08 52" E 55.0 00
L3 N 89'55'50" E 74.40
-«-- L9 L4 N 00'54'48" W 0.49'
PARCEL A �6 N 87'32'0 0" W 71. .81'
L L7 S 139*55twft W To.00'
PL8 S 85'4i 39" W 81.22'
L3 L9 S 89'55 50" W 96.72'
N'LY R/W LINE L10 IS 00'08 52" W 3.00'
RAMON ROAD
DETAIL 'A• o
®• NOT TO SCALE
�7_R11,
No. 4 8
0' 60, 120' �CF C
DATED: 7 L0/7
SCALE 1"=60'
Q15' CVWD ESMT. PER INST.
1 48525 REC. 02/16/1989, O.R.
PROJECT NAME: RAMON ROAD MSA CoxsumNo, INC.
PLANNING ■ CPM ENGINEERING
CITY PROJECT NO. OS-25 LANp SURVEYING
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
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
PROJECT: Ramon Road Widening Project
Federal Project No. BHLS-5282(040)
APN(s): 678-210-038
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is
hereby made this day of 20 , by and between the City of Palm
Springs, a California charter city and municipal corporation, organized and existing
in the County of Riverside, under and by virtue of the laws of the State of California,
hereinafter designated as the "City" and/or "Grantee", JLO Cathedral Plaza, LLC, a
California limited liability Company, 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) 678-210-038, (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)
678-210-038 for all purposes necessary to facilitate and accomplish the
construction and installation of various public street improvements ('Temporary
Temporary Construction Easement Agreement
Page 1 of 5
Construction Easement") associated with the Ramon Road Widening
Project, Federal Project No. BHLS-5282(040), ("Project").
2. The Temporary Construction Easement, used during construction of the Project
consists of approximately 3,180 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 2 of 5
the United States Mail in the State of California, duly registered or certified, with
postage prepaid, and addressed as follows:
If to Grantee, to:
Attn: City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8332
Telephone No.: (760) 323-8204
If to Grantor, to:
JLO Cathedral Plaza, LLC
Attn. Jose L. Olvera
3455 Valencia Ave.
San Bernardino, CA 92404
8. To the extent permitted by law, City (or its contractor) shall indemnify, defend
and hold harmless Grantor from all losses, liabilities, costs, damages, expenses,
causes of action, suits, claims or judgments, including attorney's fees and costs,
(collectively, "Claims") arising directly out of or in connection with any act or
omission of City, its employees, representatives, agents, suppliers or
subcontractors, pursuant to this Agreement or otherwise, provided, however,
that the foregoing duty to defend, indemnify and hold harmless the Grantor from
and against any Claims shall not apply to any Claims arising from the negligence
or intentional misconduct of Grantor.
9. Grantor hereby warrants that they are the owners of the Property described
above and that they have the right to grant City, its successors or assigns,
permission to enter upon and use the Easement Area.
10. This Agreement is the result of negotiations between the Parties hereto. This
Agreement is intended by the Parties as a final expression of their understanding
with respect to the matters herein, and is a complete and exclusive statement of
the terms and conditions thereof.
11. This Agreement shall not be changed, modified, or amended except upon the
written consent of the Parties hereto.
12. This Agreement supersedes any and all other prior agreements or
understandings, oral or written, in connection therewith.
13. Grantor, its assigns and successors in interest, shall be bound by all the terms
and conditions contained in this Agreement, and all the Parties thereto shall be
Temporary Construction Easement Agreement
Page 3 of 5
jointly and severally liable thereunder in accordance with Civil Code Section
1468.
14. City shall pay to Grantor the total sum of Twelve Thousand Seven Hundred
Twenty dollars and no cents ($12,720.00), (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:
GRANTOR:
CITY OF PALM SPRINGS, a California
charter city and municipal corporation JLO Cathedral, Plaza, LLC, a
Ind LC�
aliforniali liability y Company
BDavid H Ready, City /
/
Its: /lam Fsyr iY �
ATTEST:
B8t"q&k
' By:
hon Its:
APPROVED AS TO FORM: APPROVED 8Y CITY COUNCIL
'Catm�..�• 1e�20�1g tA'1159
By o-6!
Edward Kotkin,'City tt rney
Exhibit List
Exhibit A Legal Description of the Easement Area
Exhibit B Depiction of Easement Area
Temporary Construction Easement Agreement
Page 5 of 5
Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Exhibit "A"
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT AREA:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 4 OF PARCEL MAP NO. 9536, AS SHOWN
BY MAP ON FILE IN BOOK 63, PAGE 88, OF PARCEL MAPS, RIVERSIDE COUNTY
RECORDS AND A PORTION OF LOT159 OF ASSESSOR'S MAP NO. 46, AS SHOWN
BY MAP RECORDED IN BOOK 2, PAGE 3, OF ASSESSOR MAPS, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD;
THENCE NORTH 89055-50" EAST, ALONG THE SOUTHERLY LINE OF SAID
SECTION 16 AND THE CENTERLINE OF RAMON ROAD, A DISTANCE OF 200.00
FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00008'52" EAST, A DISTANCE
OF 58.00 FEET THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00008'52" EAST, A DISTANCE OF 7.00 FEET;
THENCE NORTH 89055'50" EAST, A DISTANCE OF 306.68 FEET;
THENCE NORTH 01 003'26" WEST, A DISTANCE OF 25.00 FEET;
THENCE NORTH 89055-50" EAST, A DISTANCE OF 63.14 FEET;
THENCE SOUTH 00004'10" EAST, A DISTANCE OF 35.00 FEET;
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 12.53 FEET;
THENCE NORTH 00023'20" WEST, A DISTANCE OF 5.94 FEET;
THENCE SOUTH 89030'14" WEST, A DISTANCE OF 51.40 FEET;
THENCE NORTH 87°32'01" WEST, A DISTANCE OF 77.81 FEET;
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 50.00 FEET;
THENCE SOUTH 85041'39" WEST, A DISTANCE OF 81.22 FEET;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
TEMPORARY CONSTRUCTION EASEMENT
THENCE SOUTH 89055-50" WEST, A DISTANCE OF 96.72 FEET, TO THE TRUE
POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 3,180 SQUARE FEET OR 0.073 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
CNAiilEB R HApiY$
CHARLES R. HARRIS P.L.S. 4989
No. �CBY ,*
DATED: xe 7 ��
20F2
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Exhibit "B"
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
APN 678-210-038 JLO CATHEDRAL PLAZA LLC, Lu
SEC. 16, T.4S., R.5E., SBM 0
w
z
Jt
TCE AREA
JLO CATHEDRAL PLAZA LLC, 3,180 SO. FT. I I w a a
¢ PER DOC. # 2014-0498362 0.073 AC. F2°z m
4 REC. 12/30/2014, O.R. a
> PARCEL 4 APN: 578-210-038 1 L5 a
PMB 63/62-63 1
m N 89'55'50" E 306.68'
L13 L12 �—L7 T L10 1
L9L L7
a I T EOAREA SEE DETAIL •A• 2
cl j BELOW
17 16 `I _ RAMON ROAD _ _ —
Ll
20 21
P.O.C.
SW COR. OF
SEC. 16
LINE DATA
NO. BEARING LENGTH 306.68,
L1 N 89-55 50" E 200.00
L2 T 00'OB'52 E 58.00' L11
L3 N 00'O8'52" E 7.D0
L4 N D1'D326" w 25.00' DETAIL 'A•
L5 N 89'55'50" E 63.14 NOT TO SCALE
L6 S 00'04'10" E 35.00
L7 S 89'55 50" W 12.53
L8 N 00'23'20" W 5.94
L9 S 89'30'14" W 51.40
00 N 87'32'01" W 77.81
L11 S 89'55 50 W SO.OD' LANp
L12 S 85'41'39" W 81.22'
L13 S 89'55'50" W 96.72
0' 60' 120' No.
SCALE 1"=60'
Q1 15' CVWD ESMT. PER INST. DATED: 2 S /"7
48525 REC. 02/16/1989, O.R.
Q R/W PER SEPARATE DOCUMENT TEMPORARY CONSTRUCTION EASEMENT
PROJECT NAME: RAMON ROAD MSA CONSULTING, INC
CITY PROJECT NO. 08-25 PLANNING ■ CIVIL ENGINEERING
HIS PLAT IS AN AID IN LOCATING THE PARCEL S LAND SuRvEYING
DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIMARY ID
CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 1
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 ('O—U l�rt'uGt )
<<, ) ss.
COUNTY OF U0-+") errecYcCu d )
On c (A-M 'S 2-Ote before me, �� aloyt L- �� Notary
Public, personally appeared
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.
MELISSA R. MALONEY•MANN
WITNESS my hand and official seal. S COMM. #2205423 z
_ i � Notary Public•California z
Riverside Counly
_ Comm, fires Jul 15,2021
SignAWre —�
My Commission Expires: This area for official
notarial seal
Temporary Construction Easement Agreement
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:
From:
JLO CATHEDRAL PLAZA, LLC, a California Limited Liability Company
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
OCN2V 2018, 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 5' day off , 2018.
;o?A Ms.*
iy
U
U N
a ,r y
k tp4lOMflOI R ,,tt
Cq<I FOR
,✓�1
ANTHO Y MEJIA
City Clerk
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: 678-210-038 (Space above this line reserved for Recorder's use)
TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration receipt of which is hereby acknowledged, JLO Cathedral
Plaza, LLC, a California limited liability Company (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 -5- day of 0
G ::=
Plaza, LLC, a California limited liability Company
By By:
Its: Its:
1078943.1
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 l _0.u-k""Ir"A r�'
County of &r0CWC(1V--"
On �" i '-1L( E, before me,
Date Name, Title of Officer.
personally appeared �Ao"P_ Lu-4 ` CfV-( Z`
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.
MELISSA R. MAtI)NEY•MANN
COMM. #2205423 z
���� — Nolary Public • California o
z' � Riverside Caunly
,nature o�_10_9y IComm.Ex fires Jul 15,2021
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 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 678-210-038 JLO CATHEDRAL PLAZA LLC
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT AREA:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 4 OF PARCEL MAP NO. 9536, AS SHOWN
BY MAP ON FILE IN BOOK 63, PAGE 88, OF PARCEL MAPS, RIVERSIDE COUNTY
RECORDS AND A PORTION OF LOT159 OF ASSESSOR'S MAP NO. 46, AS SHOWN
BY MAP RECORDED IN BOOK 2, PAGE 3, OF ASSESSOR MAPS, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD;
THENCE NORTH 89°55'50" EAST, ALONG THE SOUTHERLY LINE OF SAID
SECTION 16 AND THE CENTERLINE OF RAMON ROAD, A DISTANCE OF 200.00
FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00008'52" EAST, A DISTANCE
OF 58.00 FEET THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00008'52" EAST, A DISTANCE OF 7.00 FEET;
THENCE NORTH 89°55'50" EAST, A DISTANCE OF 306.68 FEET;
THENCE NORTH 01003-26" WEST, A DISTANCE OF 25.00 FEET;
THENCE NORTH 89055'50" EAST, A DISTANCE OF 63.14 FEET;
THENCE SOUTH 00604'10" EAST, A DISTANCE OF 35.00 FEET;
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 12.53 FEET;
THENCE NORTH 00023'20" WEST, A DISTANCE OF 5.94 FEET;
THENCE SOUTH 89030'14" WEST, A DISTANCE OF 51.40 FEET;
THENCE. NORTH 87032'01"WEST, A DISTANCE OF 77.81 FEET;
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 50.00 FEET;
THENCE SOUTH 85041'39" WEST, A DISTANCE OF 81.22 FEET;
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 678-210-038 JLO CATHEDRAL PLAZA LLC
TEMPORARY CONSTRUCTION EASEMENT
THENCE SOUTH 89055'50" WEST, A DISTANCE OF 96.72 FEET, TO THE TRUE
POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 3,180 SQUARE FEET OR 0.073 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
CHARLES FL HARRIS ^
CHARLES R. HARRIS P.L.S. 4989 5�
N0. 493a ,1
DATED: IZ Sr Z4/ 7 q�oF CA1)F�
20F2
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
1078843.1
EXHIBIT "B°
TEMPORARY CONSTRUCTION EASEMENT
APN 678-210-038 JLO CATHEDRAL PLAZA LLC, U.
SEC. 16, T.4S., R.SE., S8M 0
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TCE AREA
JLO CATHEDRAL PLAZA LLC, 3.180 SO. FT. I w
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a PER DOC. # 2014-0498362 0.073 AC. ^rn 0z,
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REC. 12/30/2014, O.R. 1 "JI m
PARCEL 4 APN: 678-210-038Lu L5 -�
PMB 63/62-63
o / \ 1
m r N 89'55'50" E 6.66'
n
L13 L72 `-L11 L10 L9 8 L7
I /
z I T ECAREA SEE DETAIL 'A' z
BELOW
17 16 1 RAMON ROAD
Ll
20 21
P.O.C.
SW COR. OF
SEC. 16
LINE DATA
NO. BEARING LENGTH 306.68'
L1 N 89'55'50" E 200.00
L2 N OQ'DB'S2" E 7.58.00' L11
L3 N 00'OB'52" E 00
L4 N 01'03 2V W 25A0' DETAIL 'A'
LS N 89'55'50" E 63.14' NOT TO SCALE
L6 S 00'04'10" E 35.00
L7 S 89'55 50" W 12.53
L8 N 00'23'20 W 5.94
_IKK L9 S 89'3014" W 51.40
%JJ L10 N BT32'01" W 77.81
L11 S 89'55 50 W 50.00' I ANQ
L12 S 85'41'39" W 81.22
L13 S 89'55'50" W 96.72 �4
0' 60, 120' A o.
SCALE 1"=60' T (
9�OF CAUF(�'
Q15' CVWD ESMT. PER INST. DATED: 2 P )f7
1 48525 REC. 02/16/1989, O.R.
Q R/W PER SEPARATE DOCUMENT TEMPORARY CONSTRUCTION EASEMENT
PROJECT NAME: RAMON ROAp MSA CoNsuLmG, INC.
CITY PROJECT RA N PLANNING ■ Civu., ENGINEERING
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