HomeMy WebLinkAboutA7175 - RAMON-LAKEVIEW VILLAS HOA BOE-302-A(PU REV.13 (06.17)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee(buyer)prior to a transfer of subject
property.In accordance with Section 480.3of the Revenue and Taxation
Code.A Prab'minary Change.of Ownership Report must be Bled with
each conveyance In the County Recorder's 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 677-431-046
3200 E Tahquitz Canyon Way SELLER/TRANSFEROR
Palm Springs,CA 92262 Ramon-Lakeview Villas Homeowners Association, Inc
Clo3a3 OaoaNENUMBER
BUYEOR ErIL ADD ,I SS1
MlL✓GJS,r�LIE(P�f�tSD(i VIAS PA QOV
STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
APN 677-431-046, Cathedral City,CA
OYES ❑NO This property Is Intended as my prindpal residence. If YES,please Indicate the date of occupancy MO DAY YEAR
or intended occupancy.
❑YES ❑ NO Are you disabled veteran or a unmanned 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 I: TRANSFER INFORMATION Please complete at/statements.
This section contains possible exclusions from reassessment for certain types of transfers.
YES Nei
❑ .L�(/ A. This transfer is solely between spouses(addition orremova/ofa spouse,death of a spouse,divorce settlement,etc.).
❑ y� B. This transfer is solely between domestic partners currentlyregistered with the California Secretary of State(addition orremovalofa
.1 partner,death of a partner,termination settlement,way {
Elj&* C. This is a transfer: ❑between parents)and chlld(ren) O from grandparent(s)to grandchlid(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 couri ❑YES ❑NO }
❑ J1* F. This transaction Is to replace a principal residence by a person who is.severely disabled as defined by Revenue and Taxation Cade 1
section 69.5. Within the same county? ❑YES ❑NO
❑ X G. This transaction is only a correction of the name(s)of the person(s)holding title to the property(eg.,a name change upon marriage). I
If YES,please explain:
R
❑ )( H. The recorded document creates,terminates,or reconveys a lender's interest in the property. I.
❑ 'P( 1. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest
(e.g.,cosigner).If YES,please explain:
❑ j?f J. The recorded document substitutes a trustee of a trust,mortgage,or other similar document.
R
K.. This is a transfer of property: I
8
❑ 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of -
❑the transferor,and/or D the transferor's spouse ❑registered domesticpertner.
❑ 2, to/from an Irrevocable trust for the benefit of the
13 creator/grantorArustor and/or ❑grantor's/tmstors spouse ❑grantor'sitrustor's registered domestic partner.
❑ 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 restriction,or restrictions
imposed by specified nonprofit corporations.
❑ pJ^ O. This transfer Is to the first purchaser of a new building containing an active solar energy system.
/❑ P. Other.This transfer is to {i;p�(�{e9.�
*. Please refer to the Instructions for P-art 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
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SFRM0017(OSI Rev.12/20l17) �;
SOE-502-A(P2)REV.13 (0a-17)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.
A. Date of transfer,if other than recording date:
B. Type of Transfer
❑Purchase ❑Foreclosure ❑Gift ❑Trade or exchange ❑Merger,stock,or partnership acquisition(Form BOE-100-B)
❑Contract of sale. Date of contract: ❑Inheritance. Date of death:
❑Saleileaseback ❑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 ❑NO If YES,indicate the percentage transferred: %
PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable.
A. Total purchase price. is , 60
B. Cash down payment or value of trade or exchange excluding closing costs Amount $ It'jiA
C. First deed of trust @ %interest for years.Monthly payment$ Amount $ FJ IN
❑FHA( Dixount Points) ❑Cal-Vet ❑VA.( Diswunl Pants) ❑Fixed rate ❑Variable rate
❑BanklSavings&Loan/Credit Union ❑Loan carried by seller
❑Balloon payment$ Due date:
D. Second deed of trust@ _%interest for years.Monthly payment$ Amount $ rQJA
❑Fixed rate ❑Variable rate ❑Bank/Savings&LoaNCredit Union ❑Loan carried by seller -T
❑Balloon payment$ Due date: /f J
E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ ❑YES NO Outstanding Balance $ Lj �
W-
F. Amount,if any,of real estate commission fees paid by the buyer which are not included In the purchase price $ A
G. The property was purchased:❑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 walved,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
13 Single-family residence ❑ Co-op/Own-your-awn ❑ Manufactured home
❑ Multiple-family residence.Number of units: ❑ Condominium X Unimproved lot
❑ Other.Description:(i.e.,timber,mineral,water rights,etc,) 13 Timeshare ❑ Commercial/Industrial
B. ❑ YES_ AO 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 personaWusiness property: $ Incentives $
C. ❑ YES,0�`NO A manufactured home is included In the purchase price.
If YES,enter the value attributed to the manufactured home: $
❑ YES,ei NO The manufactured home is subject to local property tax. if NO,enter decal number
D. ❑ YES,,kf`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 vX�as�ood ❑.Average ❑.Fair ❑Poor
Please describe: _�, lGly
CERTIFICATION
1 codify(or declare)heat the forog ' nd all Information hereon,including any accompanying statements or documents,Is true and correct to the best
of my ,edge end belief
SI TURE UVERRRANSFE PORATE OFFICER DATE / / TEI-E E
a /S /� 76022 3OIL'
NAME OF aUYERRRANSFEREER.E I REa_ATIVE/C10RP0�OFF ERI(�EP 014—C TITLE �15��C` E�M_A tt.,II,IIA; �
5 The Assessoes office may contact you falladditional Information regarding this transaction
A0,le-Ar y- P r"srIr1 •Gt
SFRM0017(DSI Rev.12/20/17)J
BOE-502-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
Assessor's Parcel Number, name of seller, buyers daytime telephone number, buyer's 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, slate, 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 tax 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 I: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.
I: A "cosigner" is a third party to a mortgagelloan who provides a guarantee that a toan will be repaid. The cosigner signs an
agreement with the lender slating 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.
Property may quality 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 date 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 Rea)Property Owner, form BOE-502-D, if not already filed with the Assessors office.
BOE-502-A(P4)REV.13(06-17)
SFRM0017(DSI Rev.12/20117)
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 mortgagors 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 and/or 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 broker's 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 properly, 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.12120/17)
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 Data: Date Prepared: Disbursement Date:
Grace Kim 09182631 -918 GKD 09/21/2018
Buyer(s)/Borrower(s): City of Palm Springs,a California charter city and municipal corporation
Property: Vacant Land(APN 677-431-046)
Cathedral City,CA
TOTAL CONSIDERATION:
Total Consideration 500.00
TITLE AND ESCROW CHARGES:
Title Charge to Commonwealth Land Title 396.00
Escrow Charge to Commonwealth land.Title Company 630.00
FedEx Fee(est)to Commonwealth Land Title Company 95.00
RECORDING FEES:
CAAffordable Housing(est)to Commonwealth Land Title 250.00
ADDITIONAL CHARGES:
Escrow Pad(to be refunded if not needed)to Commonwealth Land Title 500.00
Company
Sub Totals 2,371.00 0.00
Balance Due From Buyer/Borrower 2.371.00
Totals 2,371.00 2,371.00
`lam
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 Carly Beard on 9/2112018- 9:47:05AM Page 1 of 2
COMMONWEALTH LAND TITLE COMPANY
4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660
Phone: (949) 724-3140
BuyerslBorrowers Settlement Statement
Estimated
Escrow Officer: Escrow No: Close Date: Proration Date: Date Prepared: Disbursement Date:
Grace Kim 09182631 -918 GKD 0912112018
B uyer(s)1Borrower(s):
Cjtr/a Palm Springs, Ca' rn�charter city and municipal corporation
'By:
Name. 1
Its:
(0 1n. ,Ma'V14L �
APPROVEnASTOFORM ST•
CRYATrORNEY
Clerk
APPROVED BY DEPARMENT HEAD
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 Carly Beard on 9/2112018- 9,47:05AM Page 2 of 2 ',,
Commonwealth Land Title Company
Commonwealth 4100 Newport Place Dr., 9 120
Newport Beach,CAA 926(i0
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: gukimOcitic.com
PRELIMINARY REPORT APPROVAL
Escrow Number: 09182631-918-GKD
Title Order Number: 9182631
Date: September 11, 2018
The undersigned acknowledge that they have read and received a copy of the Preliminary
Report of Title Issued by Commonwealth Land Title Company 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 iWonnection with this
transaction will contain only the following items: t'ct�e F`� ��etkCcxt 6 ^�y
PLUS those items that will reflect the documen being recorded through this escrow. The
following items are to be eliminated: �) �c
BUYER:
City of Palm Springg,,a California
c rt r city a n' ipal corporation
By:
Name:
Its:
APPROVED AS TO FORM ST:
/J&qt_aTyA-rr0RNEi ity Clerk
APPROVM BY DEPARMENT HEAD
A 91311 Dd 611-75
Commonwealth Land Title Company
Commonwealth" 4100 Newport Place Dr.,Suite 120
Newport Beach,CA 9266660
LAND TITLE INSURANCE COMPANY Phone: (949) 724-3140
Fax:
THE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WHICH IS LICENSED BY
THE CALIFORNIA DEPARTMENT OF INSURANCE.
CONTRACT AGREEMENT COMMERCIAL ESCROW INSTRUCTIONS
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS -READ IT CAREFULLY[
Escrow No. 09 1 82631-91 8-GKD
Grace Kim Date: August 22, 2018
Escrow Officer
These instructions are entered into pursuant to that certain TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT, DATED June 09, 2018, a copy of which is attached hereto, executed by
CITY OF PALM SPRINGS, A CALIFORNIA CHARTER CITY AND MUNICIPAL CORPORATION (BUYER)and
RAMON-LAKEVIEW VILLAS HOMEOWNERS ASSOCIATION, INC (SELLER)
A) As Escrow Holder you shall be concerned only with those specific provisions as set forth in the Agreement
where 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 the Escrow
Holder's responsibilities.
B) Escrow Holder shall be Commonwealth Land Title Company and a CLTA Standard Form Policy of Title
Insurance in the amount of$500.00 shall be issued to Buyer by Commonwealth Land Title Company.
C) The consideration for this transaction is$500.00.
ADDITIONAL INSTRUCTIONS
i. DATE CLARIFICATION: For the purposes of this Escrow(and in accordance with the provisions of the
Agreement), the Parties hereto acknowledge the following:
a. "Opening of Escrow" is August 22, 2018
b. "Agreement Date" is June 9, 2018
c. "Close of Escrow" date is on or before: For the purposes of closing this escrow, all parties
acknowledge that"close of escrow"shall he the date on which the Deed conveying title(along with any
financing documents) is recorded.
2. LEGAL DESCRIPTION: It is hereby acknowledged that the Legal Descriptions for the Deeds set forth in
the Agreement are deemed approved pursuant to Seller's execution of the Deeds in favor of Buyer, and
Buyer's execution of the Certificates of Acceptance of said Deeds.
3. IMPORTANT NOTICE REGARDING DEPOSIT OF FUNDS FOR CLOSING:
Initials S� l
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Contract Agreement Commercial Escrow Instructions Printed: 9/21/2018 9:25 AM by CBO
COMMCONTLT(DSI Rev.03127/17) Page 1 Escrow No.:09182631-918-GKD i
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.
4. PRO-RATIONS: Escrow Holder shall make no pro-rations in this escrow.
5. MONETARY LIENS OR ENCUMBRANCES OF RECORD: Prior to close of escrow, Escrow Holder is
authorized and instructed to obtain beneficiary statements, demands and/or cause the reconveyance,
partial reconveyance, or subordination, as the case may be, of any monetary exception or on any matter of
record required to place title in the condition called for, pursuant to the Agreement.
6. CONDITIONS PRECEDENT TO CLOSE OF ESCROW: Buyer's and Seller's deposit into escrow of their
respective executed estimated closing statement shall constitute their satisfaction or waiver of all conditions
set forth in paragraph .t , (for Buyer)and paragraph o1 (for Seller)of
the Agreement.
7. 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.
8. GENERAL PROVISION ACKNOWLEDGEMENT: By their signature(s) below, Buyer and Seller
acknowledge and agree that the General Provisions are incorporated hereto and made a part hereof.
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Contract Agreement menial Escrow Instructions Printed: 9/21/2018 9:26 AM by CB0
COMMCONTLT(DSI Rev.03127117) Page 2 Escrow No.:09182631-918-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%Mrs 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 depositary 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 Holder's
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 date 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. UTILITIES/POSSESSION
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 Sates"being handled through escrow.
9. 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 filing
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. DELIVERY/RECEIPT
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. STATE/FEDERAL 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. NCN-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 penally and/or interest
incurred in connection therewith and such taxes are not a matter covered by the Owners 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 andlor 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 information 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 Iienholder 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.
18. 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 forms of toxifcation, 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. FACSIMILEIELECTRONIC 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 originalsignatures. "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 li
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 close 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.
I
i
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E1000076(DSI Rev.05119117) Page 3 Escrow No.:09182631-918-GKD �i,
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.
The undersigned hereby instruct and authorize Escrow Holder to disburse proceeds as follows:
SELLER: BUYER:
Ramon-Lakeview Villas Homeowners City of Palm Springs California charter
Association, Inc. nd munici al or ration
By: By:
Name: Name•
Its: Its: AA �,,,a d.�/'
By: APPROVED AS M FORM_ D�
Name:
Its:
CrtY ATTORNEY l
By:
Name: ST.
Its:
By:
I Clerk
Name:
Its:
APPROVED BY DEPARMENT HEAD
Name:Na yik. 'a,311-oo !q`Ills
Its:
D �
Date Dat
Current Mailing Address:
Forwarding Mailing Address:
Home Phone Number. Fax Number:
Cell Phone Number: E-mail Address:
General Provisions Signature Page Printed: 9/21/2018 9:25 AM by C80
E1000110(DSI Rev.02/10117) Page 1 Escrow No.:09182631.918-GKD
t
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
PROJECT: Ramon Road Widening Project
Federal Project No. BHLS-5282(040)
APN(s): 677-431-046,
TEMPORARY CONSTRUCTIO EASEMENT AGREEMENT, (the "Agreement"), is
hereby made this day of , 201 by and between the City of Palm
Springs, a Californ a 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", RAMON-LAKEVIEW
VILLAS HOMEOWNERS ASSOCIATION, INC, 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) 677-431-046 (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)
677-431-046 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 74 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, 2019or 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:
Ramon Lakeview Villas HOA
c/o Ramon-Lakeview Villas HOA, Inc
Gold Coast Enterprises, Inc
75-178 Gerald Ford Dr#13-1
Palm Desert, CA 92211
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.
Temporary Construction Easement Agreement
Page 3 of 5
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
jointly and severally liable thereunder in accordance with Civil Code Section
1468.
14. City shall pay to Grantor the total sum of Five Hundred dollars and no cents
($500.00), (the "Rental Price"), for the right to enter upon and use Grantor's
land in accordance with the terms hereof. Grantor hereby expressly and
unconditionally waives any and all claims for damages, relocation assistance
benefits, severance damages, interest, loss of goodwill, claims for inverse
condemnation or unreasonable pre-condemnation conduct, or any other
compensation or benefits, 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 RAMON-LAKEVIEW VILLAS
HOMEOWNERS ASCI TIO 1 .
By:-fir
By: Its: r4s o' ear
David H. Ready, City'Man er
ATTEST: By:
Its iceJ+C CIO
By:
tho M jia, Ci erk By:
C/
Its: %xfas�xf2
7Zd.yoy p Z
APPROVED AS TO FORM:
By Its: > ecwe�ze-y 1(ewyevi Gukagosia-vt
Edward Kotki , Cit koAlorney
APPROVED BY CITY mApIAGER By:
00
'Ilk 500►�� (��l� Its:
Exhibit List
Exhibit A -- Legal Description of the Easement Area
Exhibit B -- Depiction of Easement Area
Temporary Construction Easement Agreement
Page 5 of 5
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF ( (�(.�t�t' 11 iGl )
) ss.
COUNTY OF
On l lZ , before me, e( Notary
Public, personally appeared
GveCAC04 p who proved to me on
the basis of satisfact ry evidence to be the persons)-whose name(aGara
subscribed to the within instrument and acknowledged to me that (&W*Wsy—
executed the same in his/her/their authorized capacity(tes), and that by
signature* on the instrument the person{*), or the entity upon
behalf of which the person(*) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and o icial seal.
Si nature
My Commission Expires: This area for :.official .
notarial seal
M.E.FISHER
Comm.N2087315
Noory Public-California S
Riverside County
Comm.Expires Nov 20,2018
Temporary Construction Easement Agreement
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�C�
) ss.
COUNTY OF Raef5i'dp-
On 0 before me, I r{ �r�• h�s�� Notary
Public, _ LI personally appeared
j 02 4�6 A /SpGtnzg::�o , who proved to me on
the basis of satisfactory evidence to be the personal whose name( is afe
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in iris&their authorized capacity(ies), and that by
e signature(a) on the instrument the person(s), or the entity upon
behalf of which the person(e -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ignature
My Commission Expires: This area for official
_ notarial seal
M.E.FISHER
Comm.#208731S
W Notary Public-California
Riverside County
Comm.Expires Nov 20,2018
Temporary Construction Easement Agreement
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
) ss.
COUNTY OF ever side )
On .1 c+ h e o before ,me, 1�! • E. t`1 S�e� Notary
Public, person
u ally appeared
(`�,v1 who proved to me on
the basis of satisfactory evidence to be the personK whose, name,(sjQs afe
subscribed to the within instrument and acknowledged to me that he/she/they
e ecuted the same in hi heoth r authorized capacity(ies), and that by
hl �r signature(s) on the instrument the persons), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and offici I seal.
Ignature
My Commission Expires: eF This area for official
notarial seal
M.E.FISHER
Comm.#2087315
W Notary Public-California
Riverside County
Comm.Expires Nov 20,2018
Temporary Construction Easement Agreement
c,
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 ajt4frllhGk_
)
) ss.
COUNTY OF 1 1Ver5<< )
On -/ O before me, •F-(�S Y!e,(- Notary
Public, /� personally appeared
TTCGYt/ i' who proved to me on
the basis of satisfactory ,vid nce to be the person(s) whose name;K&are
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in Is herheir authorized capacity(iee), and that by
�# reti signatureW on the instrument the person(4,, or the entity upon
behalf of which the person(* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
My Commission Expires: This area for official
notarial seal
M.E.FISHER
Comm.#2087315
Notary Public-California
ul
Riverside County r
Comm.Expires Nov 20,2018
Temporary Construction Easement Agreement
EXHIBIT "All
LEGAL DESCRIPTION
APN 677-431®046 MON-LAKEVIEW VILLAS.HOA
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT AREA:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF LOT 1 OF TRACT MAP NO. 14288 AS SHOWN BY
MAP ON FILE IN BOOK 117, AT PAGES 94 THROUGH 95, INCLUSIVE, OF MAPS,
RIVERSIDE COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TCE AREA A
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17;
THENCE SOUTH 89048'50" WEST, A DISTANCE OF 913.22 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT A;
THENCE NORTH 00011'10" WEST, A DISTANCE OF 55.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 89048'50" WEST, A DISTANCE OF 15.89 FEET;
THENCE NORTH 00"11-10" WEST, A DISTANCE OF 1.50 FEET;
THENCE NORTH 89048'50" EAST, A DISTANCE OF 15.89 FEET;
THENCE SOUTH 00"11'10" EAST, A DISTANCE OF 1.50 FEET, TO THE TRUE
POINT OF BEGINNING;
TCE AREA A CONTAINING 24 SQUARE FEET MORE OR LESS.
TCE AREA B
COMMENCING AT SAID POINT A;
THENCE SOUTH 89048-50" WEST, A DISTANCE OF 39.93 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT B;
THENCE NORTH 00011'10" WEST, A DISTANCE OF 55.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 89048'50" WEST, A DISTANCE OF 15.43 FEET;
THENCE NORTH 00°1110" WEST, A DISTANCE OF 1.50 FEET;
1 OF 3
EXHIBIT "All
LEGAL DESCRIPTION
APN 677-431-046 RAMON-LAKEVIEW VILLAS HOA
TEMPORARY CONSTRUCTION EASEMENT
THENCE NORTH 89"48'50" EAST, A DISTANCE OF 15.43 FEET;
THENCE SOUTH 00011'10" EAST, A DISTANCE OF 1.50 FEET, TO THE TRUE
POINT OF BEGINNING;
TCE AREA B CONTAINING 23 SQUARE FEET MORE OR LESS,
TCE AREA C
COMMENCING AT SAID POINT B;
THENCE SOUTH 89048'50" WEST, A DISTANCE OF 40.03 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT C;
THENCE NORTH 00011'10" WEST, A DISTANCE OF 55.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 89048'50"WEST, A DISTANCE OF 8.12 FEET;
THENCE NORTH 00011'10" WEST, A DISTANCE OF 1.50 FEET;
THENCE NORTH 8904850" EAST, A DISTANCE OF 8.12 FEET;
THENCE SOUTH 00011'10" EAST, A DISTANCE OF 1.50 FEET, TO THE TRUE
POINT OF BEGINNING;
TCE AREA C CONTAINING 12 SQUARE FEET MORE OR LESS.
TCE AREA D
COMMENCING AT SAID POINT C;
THENCE SOUTH 89048'50"WEST, A DISTANCE OF 40.94 FEET;
THENCE NORTH 00011-10" WEST, A DISTANCE OF 55.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 89048-50"WEST, A DISTANCE OF 9.73 FEET;
THENCE NORTH 00011'10"WEST, A DISTANCE OF 1.50 FEET;
THENCE NORTH 89"48'50" EAST, A DISTANCE OF 9.73 FEET;
20F3
EXHIBIT "A"
LEGAL DESCRIPTION
APN 677-431-04.6 RAMON-LAKEVI.EW VILLAS HOA
TEMPORARY CONSTRUCTION EASEMENT
THENCE SOUTH 00`11-10" EAST,A DISTANCE OF 1 50 FEET, TO THE POINT OF
BEGINNING;
TCE AREA D CONTAINING 15 SQUARE FEET MORE.;OR LESS.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- -
WAY OF RECORD.
AS DEPICTED ON:EXHIBIT "B" ATTACHED-HERETO AND MADE A PART HEREOF:
i
PREPARED BY OR.:UNDER THE DIRECTION OF
�Np
w
CHARf.E9 R HARRIS ^
1; No,�898
CHARLES:R..HARRIS P:L;S, 4989 7`
DATEDS . ;Za/7
3OF3
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
i
i1
1
I
Temporary Construction Easement Agreement
Exhibit"B"
i
EXHIBIT Q6 1P
TEMPORARY CONSTRUCTION EASEMENT
APN 6177-431-046 RAMON-LAKEVIEW VILLAS HOA
SEC. 17, T.4S., R.5E., SBM
I ALL OWNERS OF RECORD OF
CONDOMINIUM FEE ESTATE
CONDO PLAN # 54588
REC. 03/27/1981, O.R. co
SEE DETAIL `A® APN: 677-431-046
o oo�
f ON SI"IEE'f 2 TOE AREA ®B'O
TOE AREA "Co Q N r
TOE AREA "ryry w / TOE AREA wA® S��O
N pZ
1� in V
/ WIto
a
/913.22
RAMON_RbAD� 40.94' 4D.a3' 39.s3' ' _
` S 89'48'50" W 1034.1 j O
"-- ---- P.O.C. m
S. 1/4 COR. W
OF SEC. 17 w
4
LINE DATA � �No ��'
NO. BEARING LENGTH
L1 N 00'11 10 W 55.40
L6 N 00-11'10" W 55.00 E9No.�
L11 N 00 11 1 D W 55.00' 73
.8- L16 N 00'11'10" W 55.00'
OF c
DATED: f 7
0' 60' 120'
0
TEMPORARY CONSTRUCTION EASEMENT
SCALE 1"=60'
PROJECT NAME: RAMON ROAD MSA CONSULTING, INC.
CITY PROJECT N0. N PLANNING 19 CIM ENGINEERING
LANs SIVRvEyirNG
"THIS 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 2
EXHIBIT IyBqp
TEMPORARY CONSTRUCTION EASEMENT
APN 377-431-043 RAMON-LAKEVIEW VILLAS MOA
SEC. 17, T.4S., R.5E., SBM
ALL OWNERS OF RECORD OF
CONDOMINIUM FEE ESTATE
CONDO PLAN # 54588
REC. 03/27/1981, O.R.
TCE
AREA APN: 677-431-046
wDg TCE AREA TCE AREA TCE AREA 'aAe
15 SQ. FT. QCV vBv 24 SQ, FT.
12 SO..Fr. 23 SO. FT.
� L19 o M L14 to—� L9 n`J L4 ��EXIST. R/w
-J
L17 �' L12 L7 L2
i �.P.o.®. I p.a.B. i T.P.o.B. I T.P.o.S.
I TCE AREA "D"I TCE AREA "C" I TCE AREA "B" I TCE AREA "A"
cd .—
i�' IJ iJ !� PT. A
PT. C I PT. B I
j�---40.94' I _ 40.03' i 39.93' i 913,22' Q
RAMON ROAD S 89'48'50 W 1034,12 O
P.O.C.
S. 1/4 COR. }
DETAIL vA9 of SEC. 17 I w
NOT TO SCALE
O
x
U
LINE DATA
NO. BEARING LENGTH
L1 N 00'11 10 W 55.00'
L2 S 89*48'500 W 15.89,
L3 N 0911 10" W 1.50'
L4 N 89'48'50" E 15.89'
L5 S 00'11'10" E 1.50'
L6 N 00'11'10" W 55.00'
L7 S 89'48 50" W 15.43'
L8 N 0911 10" W 1.50'
L9 N 89'48'50" E 15.43'
L10 S 00'11'10" E 1.50'
L11 N 00'1 V 10 W 55.00'
L12 S 89'48'50" W 8.12
L13 N 00'11'10 W 1.50'
(� L14 N 89'48'50" E 8.12
L15 S 00'11'10" E 1.50
L16 N 00'11'10 W 55.00'
117 S 89'48'50" W 9.73' TEMPORARY CONSTRUCTION EASEMENT
L18 IN 00111'10" w 1.56' I
L19 IN 89'48'50" E 9.73
L20 IS 00'11 i 0" E 1.50'
PROJECT NAME: RAMON ROAD MSS. CONSULTING, INC.
CITY PROJECT N0. N PLANNING 9 CWX ENGINEERING
LAND SURVEYING
"THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) ID
DESCRIEE;D IN THE PRECEDING DOCUMENT. ALL PRIMARY I
CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 2 OF 2