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Home My WebLink AboutA6854 - COMEAU, FREDENBURG, BROWN -TEMP CONSTRUCTION EASEMENT INDIAN BYN WIDENING AND BRIDGE REPLACEMENTRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code § 6103 APN: 669-070-003 Amendment to Grant of Easement for Right of Way WHEREAS, City of Palm Springs, a California charter city and municipal corporation, hereinafter "City" and/or "Grantee", and Mary Sheila Comeau, Anita Comeau and , as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 - Survivor's Trust, as to an undivided 1/3 interest; and Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown, Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest, hereinafter referred to as "Grantor," have heretofore entered into that certain Temporary Construction Easement ("TCE") dated June 17, 2016 a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, which contract sets forth the terms and conditions under which the City acquired certain rights for street improvement purposes described in said contract; WHEREAS, said contract calls for the construction work to be completed by September 1, 2021; WHEREAS, due to unforeseen circumstances said construction work could not be completed by said date; WHEREAS, the new construction completion date on the subject property is September 1, 2026; WHEREAS, By reasons of the foregoing it is now the desire of the parties hereto to amend said contract to allow for the construction work to be completed by September 1, 2026. NOW, THEREFORE, It is agreed by and between the parties hereto as follows: the City shall pay the grantor the additional sum of $14,800.00 for the additional construction time on the subject property. The TCE shall be extended to September 1, 2026. Said compensation is based on the following: September 1, 2021— September 1, 2026 Value of TCE for 60 months = $14,775.00 ($14,800.00 ROUNDED) All other terms and conditions of the TCE contract remain unchanged. GRANTEE: CITY OF PALM SPRINGS, a California charter city and municipal corporation By: Justint5lifton, City anager Date: 10LZ-71lGZ1 ATTMony By: * M ia, M rk Date: to APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: Q_ZW )*� Jeffrey a ing ity Attorney Date: O(J . Z\ ZO Z � APPROVED BY CITY COUNCIL 01to low l ifAww GRANTOR: Mary Sheila Comeau, Anita Comeau and as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 - Survivor's Trust, as to an undivided 1/3 interest ZAP Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest By: ark E. Fred nburg, Truste Dat . 7—��;Z/ By: 1j TrC15 Eliza J. Fred urg, Trustee Date: --� l 7 -- ;2= L) a i Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest By: Heather cque rown, Trustee Date: F 'l/ - _j-1 Stephen G. Brown, Trustee Date: / ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On September 29, 2021 before me, V.M. Cothran, notary public (insert name and title of the officer) personally appeared Mary Sheila Comeau and Anita Comeau 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 heis#e/they executed the same in h;s/#eF/their authorized capacity(ies), and that by W*A4ef/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. �Vd V. M. COTHRAN 3 WITNESS my hand and official seal. U COMM. # 2325169 (� .• NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY A COMM. EXPIRES APR.17 2024� Signature T_�/j tLfih� (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of is c) r� ) On c„ ,t 11, ZOZ1 before me, (insert name and title of the officer) personally appeared j C\Cctucr, 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. C—HE LSEA ADERHOLD WITNESS my hand and official seal. COMM. NO.2253580 NO5F PU91IC • CAUFOFlNIA ; SHASTA COUNTY irr c�uuissicu / Signature _lt g,jj:� (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diea ) On A t 1- 2,0 Z1 before me, T. KOSS . N + 4pq pLAWQ, (insert name and title of the officer) personally appeared MAtK P_ F edErIbUV4 001J F1i7, who proved to me on the basis of satisfactory'dvidence to be the persongwhose name ' ar subscribed to the within instrument and acknowledged to me that heEshe a executed the same in hW*w4t5Pauthorized capacity es and that byNistl4et el ignatur son the instrument the perso s or the entity upon beha of which the perso s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature qkw (Seal) 0 COMM. # 2348244 NOTARY PUBLIC . CALIFORNIA " SACRAMENTO COUNTY 0 IFOpN� COMM. EXPIRES FEB. 20, 2025J EXHIBIT "A" Lawyers Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code § 6103 '0L FILE No: 616670023 -T G%%-O°til DOC # 2016-0530400 11/29/2016 04:57 PM Fees: $0.00 Page 1 of 15 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording— Receipted by: MARY #880 this line PROJECT: Indian Canyon Drive Widenina and Bridge Replacement (a) UPRR Federal Proiect No. BRLO-5282 (017) City Proiect No. 01-11 APNs: 669-070-003 EASEMENT DEED This deed is being recorded to create a Temporary Construction Easement. use) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code § 6103 DOC #2016-0530400 Page 2 of 15 kopme auove mis nne reserved for Recorder's use) PROJECT: Indian Canyon Drive Widening and Bridge - Replacement (a) UPRR Federal Project No. BRLO-5282 (017) City Project No, 0 1 -11 APNs: 669-070-003 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to an undivided 113 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 113 interest ("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, ("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 Palm Springs, 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 Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01.11, 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 on September 1, 2021, 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. 1078843.1 Executed this 17tibay of June , 20 16 1078843.1 DOC #2016-0530400 Page 3 of 15 GRANTOR: Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest By' Shia C'� Mary S mea Trustee By: Ani omeau, Trustee v 1,�.� Michele Comeau, Trustee By: E j� MargE. Frede urg, Trustee Elizabet?J. Fred urg, Trustee By: Heather Jacqu Brow , Trustee Stephen G. Brown, Trustee 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-C411PI)MIall County of Ri ,I ljk?� DOC #2016-0530400 Page 4 of 15 #n before .. ar Name, Title . Offtcer personally appeared r NAME(Sf CIF SIGNERS) " who proved to me on the basis of satisfactory evidence to be the perso (s hose nam Is/e ubscribed to the within instrument and knowledge o me that he/she/ ! e execute he same in his/her authorized capaci%le and that by his/her/t ie signaturesI on the Instrument the person6)or the entity upon behalf of which the per 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. VANESSA M. COTHRANK O COMM, # 2149408 (� •• NOTARY PUBLIC -CAUFORNIAQ • SACRAMENTO COUNTY 0 Signature of ty tary N� COMM. EXPIRES APRIL 1T, 2020 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 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DATE of DOCUMENT DOC #2016-0530400 Page 5 of 15 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 k(Al1 wn 1 tL County oflj �C�l- / On (01-1 (0 before me, J rnke- ✓ i f� Z Da a Name, Title of Officer personally appeared M1' elm NMI-AiA NAMES) OF SIGNERS) who proved to me on the basis of satisfactory evidence to be the personf4) whose namekg)&are-subscribed to the within instrument and acknowledged to me that.4e/&/they executed the same in authorized capaclbA4es), and that by his/ r/thetr signature) on the instrument the person(a), or the entity upon behalf of which the persor*s) acted, executedThe 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. r JAMIE FORMICO 0 COMM, # 2146290 (� •� • NOTARY PUBLIC-CALIFORNIAOi SACRAMENTO COUNTY 0 COMM. EXPIRES MARCH 15, 2020 - Signat re of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 1078843.1 DATE of DOCUMENT DOC #2016-0530400 Page 6 of 15 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 1 t �rn I o� County of q On a an 11 n before me, ('Irt� Date Name, Title of O facer personally appeared ,,J NAME(5) OF SIGNER(S) L) who proved to me on the basis of satisfactory evidence to be the persont,)whose nam s is/pre)subscribed to the within instrument and acknowledged to me that he/she/to executed the same in hislherlf autTVrized capaci es , and that by hls/here5l signatures on the instrument the personjg�br the entity upon behalf of which the perso 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. Wftness my hand and official seal. U VANESSA M. C THRAN COMM. # 2149408 ^ (7 �r NOTARY PUBLIC • CALIFORNIA 41 SACRAMENTO COUNTY 0 aw` COMM. EXPIRES APRIL 17, 2020'' Signature of of ry 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 ALL-PURPOSE ACKNOWLEDGMENT A notary pubric 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 County of 'Saq Vtn DOC #2016-0530400 Page 7 of 15 On -�liL Vl i 2 4kL _ before me, VQ V)I Oft fL141 VITAflyl Date Name, Title of Officer � t personally appeared rev- �q �y-j«��w,r�4 OA? `O� q yl NAME(S) OF 514GIW (SER ) who proved to me on the basis of satisfactory evidence to be the person ss whose name(sl�is/ re ubscribed to the within instrument and knowledged o me that he/she/�eDxecuted the same in his/her/t ei ut orized capaci ie and that by his/her/t e ,bignatures�n the instrument-rMe perso s) or the entity upon behalf of which the perso 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. Signature of tary *- VANE SSA M- COTHRAN U COMM. q 2149408 NOTARY PUBLIC -CALIFORNIA U1 SACRAMENTO COUNTY 0 r COMM. EXPIRES APRIL 17, 2020 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 DESCRIBED AT RIGHT: Signers) Other Than Named Above 1078843.1 DATE of DOCUMENT DOC #2016-0530400 Page 8 of 15 PENALTY OF PERJURY FOR NOTARY SEAL (GOVERNMENT CODE 27361.7) I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: Vanessa M. Cothran DATE COMMISSION EXPIRES: April 17, 2020 COUNTY WHERE BOND IS FILED (if applicable): Sacramento STATE WHERE BOND IS FILED: CA COMMISSION NUMBER (if applicable): 2149408 MANUFACTURERNENDERNO: MGC1 PLACE OF EXECUTION: Riverside, California (CITY & STATE) DATE: November 29, 2016 SIGNATURE: PRINT NAME: P. Jones DOC #2016-0530400 Page 9 of 15 PENALTY OF PERJURY FOR NOTARY SEAL (GOVERNMENT CODE 27361.7) I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: Jamie Formico DATE COMMISSION EXPIRES: March 15, 2020 COUNTY WHERE BOND IS FILED (if applicable): Sacramento STATE WHERE BOND IS FILED: CA COMMISSION NUMBER (if applicable): 2145290 MANUFACTURERNENDERNO: MGCI PLACE OF EXECUTION: Riverside, California (CITY & STATE) DATE: November 29, 2016 SIGNATURE: PRINT NAME: P. Jones DOC #2016-0530400 Page 10 of 15 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA 1078843.1 DOC #2016-0530400 Page 11 of 15 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-003 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE NORTH 00019'08" EAST 256.61 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID NORTHEASTERLY LINE NORTH 50°53'07" WEST 96.23 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 22, SAID EASTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 556.98 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 82.96 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 33 OF RECORDS OF SURVEY AT PAGE 45 ON MARCH 2, 1961; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 89022'22" WEST 24.91 FEET; 3. THENCE LEAVING SAID NORTHERLY LINE SOUTH 00°19'08" WEST 197.78 FEET; 4. THENCE SOUTH 5013'38" WEST 396.45 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON MARCH 3, 1875; 5. THENCE ALONG SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE SOUTH 50°53'07" EAST 18.07 FEET; 6. THENCE LEAVING SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE NORTH 5013'38" EAST 522.93 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10,391 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF, THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. Page 1 of 2 DOC #2016-0530400 Page 12 of 15 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-003 SIGNATURE / `2-5-2016 MICHAEL A. HAVENER DATE PLS 7354 Page 2 of 2 DOC #2016-0530400 Page 13 of 15 Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078843.1 DOC #2016-0530400 Page 14 of 15 EXHIBIT " B i' MULTIPLY DISTANCE BY 1.00002570 ��R N 89'2222' W TO OBTAIN GROUND DISTANCES r.6.�7J�1� LC 24.91 NE COR. PAR. 1 EN TCE) AREA =TEMPORARY10,391 SO. FT., MORE OR LESS P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING Et OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE REC. 10/22/1952 IN BK. 1409, PG, tt� 566 O.R. AND BK, 1409, PG. 575 Q.R. \� o APN 669-070-003 NON-PLOTfAB E EASEMENTS RIGHT-OF-WAY FOR DITCHES OR CANALS �l CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AND RESERVING UNTO THE UNITED STATES, to IT'S PERMITTEES OR LICENSEES, THE RIGHT TO -,� ttj C�� to OCCUPY AND USE ANY PART OF SEC11ON 22 LYING cc C�7 WITHIN FIFTY FEET OF THE CENTER LINE OF THE TRANSMISSION LINE RIGHT-OF-WAY OF THE C) COACHELLA VALLEY ICE AND ELECTRIC COMPANY j- REC. 11/23/1921 IN BK. 6, PG. 204 OF PATENTS. A POLE LINE EASEMENT IN FAVOR OF THE SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 t� IN BK. 131, PG. 119 O.R. OWNERS co THE J. LAURENT LEGER COMEAU AND MARY SHEILA CO COMEAU REVOCABLE LIVING TRUST DATED 3/13/1990 - E7 SURVIVOR'S TRUST, THE FREDENBURG REVOCABLE � �� r LIVING TRUST DATED 9/30/1993, AND THE HEATHER d JACQUES BROWN AND STEPHEN G. BROWN REVOCABLE LIVING TRUST DATED 1/10/1995. N �q i1 \°' e 0 50 100 200 BY: DATE: BY: KA DATE:5-20-15 ) BY: MH DATE:2-5-16 APPROVED BY: TE: 0 00 n rn� 0 w R.S. 33/45 is rn of 00 0 o z 1 TCEO.B. �v rj I� Ln 75' rn w CAW O Q U _Q Z / tis w ° 96' °1• rn `d N Z P.O.C. INT. OF THE CENTER LINE OF y INDIAN CANYON DR. (INDIAN AVE.) AND SOUTHERN PACIFIC RAILROAD AS SHOWN ON ROS 18/2 I SHEET CITY OF PALM SPRINGS INDIAN CANYON DRIVE WIDENING APN 669-070-003 SEE OWNERS ABOVE 1 OF 1 SHEETS 1' = 100' DOC #2016-0530400 Page 15 of 15 �pALMsp� N City of Palm Springs + q�T£0�o3 ' Office of the City Clerk cq�IFORN�P 3200 E. Tahquitz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8204 - Fax: 760.322.8332 - TDD 760.864.9527 - www.palmsorinasca.eov CERTIFICATE OF ACCEPTANCE �bUS THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT Real property in the City of Palm Springs, County of Riverside, State of California, as described: dated: June 17, 2016 from, Land described in Exhibit "A" APN: 669-070-003 Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust . dated March 13, 1990 — Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown, Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest 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 14th day of July, 2016, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 14th day of July, 2016. AMES THOMPSON City Clerk J � DOC #2016-0630400 J 11/29/2016 04:57 PM Fees: $0.00 Lawyers Title Page 1 of 15 Recorded in Official Records RECORDING REQUESTED BY County of Riverside lcana AND WHEN RECORDED RETURN TO: Peter Assessor-County Clerk-Recorder James Thompson "This document was electronically submitted City Clerk CITY OF PALM SPRINGS to the County of Riverside for recording•' 3200 E.Tahquitz Canyon Way Receipted by:MARv a880 Palm Springs,CA 92262 Exempt from recording charges under Government Code§6103 Q Z'.T.TAG (Space above this line reserved for Recorder's use) %." \1g14 FILE No: 616670023 PROJECT: Indian Canyon Drive Widening and T0.t.:p�t_pq� Bridge Replacement (a) UPRR Federal Project No. BRLO-5282 (017) City Project No. 01-11 APNs: 669-070-003 EASEMENT DEED This deed is being recorded to create a Temporary Construction Easement. DOC#2016-0530400 Page 2 of 15 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Exempt from recording charges under Government Code§6103 (Space above this line reserved for Recorders use) PROJECT: Indian Canyon Drive Widenino and Bridge Replacement Q UPRR Federal Proiect No. BRLO-5282 (017) City Proiect No. 01-11 APNs: 669-070-003 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 Interest ("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, ("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 Palm Springs, 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 Indian Canyon Drive Widening and Bridge Replacement Cad UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01-11, 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 on September 1, 2021. 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. 1076843.1 DOC#2016-0530400 Page 3 of 15 GRANTOR: Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to Executed this l?tl2iay of June 20 16 an undivided 113 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest By: YAFoje S/7 4la dff0VQXA /n-/gk- Mary S i mea Trustee By: An omeau, Trustee Michele Comeau, rustee By: E J Ma E. Freda urg, Trustee By:r�l iD oil o.�q �rlA Gl� � uTrusteeElizabe J. Fr� By: � Pl/ Heather Jacqu row , Trust Stephen U. Brown, Trustee 1078843.1 DOC#2016-0530400 Page 4 of 15 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the IndhAdual who signed the document to which this certificate Is attached,and not the truthfulness,accuracy or validity of that document State of 04.401%LL/ County of ?iw1sjCf2_ On )A A,, _ I Q before me, \1Q��_DOfficeri • Date C n ' /� Name,Titleof r personally appeared A �P41 a , X�OX QA4: 911ME(sj F�sIGNER s��l who proved to me on the basis of satisfactory evidence to be the persorlow hose nam Is!> e ubscribed to the within instrument and"owledge me that he/she Qexecute�fte same in his/her authorized capacl le and that by his/her/tt e signatures on the Instrument the person�)or the entity upon behalf of which the pers acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State idenflfled herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. ANESSAM.COTHRAN3 41000MM, COMM #2149408 NOTARY PUBLIC-CALIFORNIAniSACRAMENTO COUNTY 0 Signature ofty taryEXPIRESAPRIL17.2020� 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: Signers)Other Than Named Above DOC#2016-0530400 Page 5 of 15 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer corn plating 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 11 document. State of �UIY�DVYI l'1lL.r County of-]%\kVMdt' 1//1 On (011 ] l�lo beforeme, �J�1YS11� ✓Yy1tLJ, 1�L �111 1�./��IL Dee {� 1 /� Name,Tlt a of Officer personally appeared I it k- �mmQAL k , NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(g)whose nameA&are-subscribed to the within Instrument and acknowledged to me thatAelothey executed the same In 11;WIll authorized capaciVy es), and that by hW their signature%a)on the Instrument the person(s), or the entity upon behalf of which the persorifs) 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. JAMIE FORMICO; 0 comm.#2145290 • NOTARY PUB LIC-hALIFORr#Anr g SACRAMEMDCOUNfY 0 '� ODMM.ExPpiES MARCH 741010 i Signat re of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 1078943.1 DOC#2016-0530400 Page 6 of 15 ALL-PURPOSE ACKNOWLEDGMENT A notary public a other officer completing this certificate verifies only the Iderdlty of the Indlvidual who signed the document to which this certificate is attached,and not the truthfulness,accuracya validity of that pP�� document. State of l qq[�l1A l YIA County of On �taant? �C�11 n before me,�yyI 1 m?T'II Y'Sf�Fr.,y/ I tAla��L , Date ,,,,,,��1"""...111 Name,T,i4tl�e,,of Ohicer � r personally appeared `� Na n€s)'L o�SIGN SIG T.NER(S) 1 who proved to me on the basis of satisfactory evidence to be the persono),vhose nam@ ss is/�ersubscribed to the within instrument and acknowledged to me that helshe/t fie executed the same In his/her/ autttSrized capaci and that by hislherftf`iak signature,& on the instrument the person@j",br the entity upon behalf of which the perso acted,executed the Instrument. I cerfify 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. ANESSA M.COTHRAN COMM.xzlasaoe NOTARYPUBLIC-CALIFORNIAQ SACRAMENTO COUNTY 0 GVOMM. EXPIRES APRIL 17,202a Signature of N6 ry 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 DOC#2016-0530400 Page 7 of 15 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the indlvfdual who signed the document to which this certificate is attached,and not the truthfulness,accuracyor validity of that II document. State of County of '%gaGtrA On -11AV6e 2f�'3, 11D before me, 01th02I VLZ�(��Ilr k1/ Dat Name,Title of Offs r I personally appeared W-Gimt'✓ NAME(S)OF SIGNER(S) � l who proved to me on the basis of satisfactory evidence to be the persor s&whose namelrt .isl re ubscdbed to the within instrument and knowledged o me that he/she/ xecuted the same in his/her/t el odzed capacit and that by his/her ignalures�ln the Instrument a perso s) or the entity upon behalf of which the perso 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. VANESSA M.COTHRAN� Witness my hand and official seal. V COMM.42149408 (7 NOTAWPUBLIC-CALIFORNIAID SACRAMENTO COUNTY 0 LG COMM.EXPIRES APRIL 17.2020� Signature of Nbtaq 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 DOG#2016-0530400 Page 8 of 15 PENALTY OF PERJURY FOR NOTARY SEAL (GOVERNMENT CODE 27361.7) I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: Vanessa M. Cothran DATE COMMISSION EXPIRES: April 17, 2020 COUNTY WHERE BOND IS FILED(if applicable): Sacramento STATE WHERE BOND IS FILED: CA COMMISSION NUMBER(if applicable): 2149408 MANUFACTURERNENDERNO:MGCI PLACE OF EXECUTION: Riverside, California (CITY&STATE) DATE: November 29, 2`016/ SIGNATURE: PRINT NAME: P. Jones DOC#2016-0530400 Page 9 of 15 PENALTY OF PERJURY FOR NOTARY SEAL (GOVERNMENT CODE 27361.7) I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: Jamie Formico DATE COMMISSION EXPIRES: March 15, 2020 COUNTY WHERE BOND IS FILED(if applicable): Sacramento STATE WHERE BOND IS FILED: CA COMMISSION NUMBER(if applicable): 2145290 MANUFACTURERNENDER NO:MGC 1 PLACE OF EXECUTION: Riverside, California (CITY&STATE) DATE: November 29, 2`016 SIGNATURE: .S// PRINT NAME: P. Jones DOC#2016-0530400 Page 10 of 15 Exhibit"A" LEGAL DESCRIPTION OF THE EASEMENT AREA 1078843.1 DOC#2016-0530400 Page 11 of 15 EXHIBIT"A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-003 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE NORTH 00°19'08" EAST 256.61 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID NORTHEASTERLY LINE NORTH 50053'07" WEST 96.23 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 22, SAID EASTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE NORTH 00"19'08" EAST 556.98 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 82.96 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 33 OF RECORDS OF SURVEY AT PAGE 45 ON MARCH 2, 1961; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 89022'22" WEST 24.91 FEET; 3. THENCE LEAVING SAID NORTHERLY LINE SOUTH 00019'08" WEST 197.78 FEET; 4. THENCE SOUTH 5013'38" WEST 396.45 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON MARCH 3, 1875; 5. THENCE ALONG SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE SOUTH 50053'07"EAST 18.07 FEET; 6. THENCE LEAVING SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE NORTH 5013'38" EAST 522.93 FEET TO THE TRUE POINT OF BEGINNING. AREA= 10,391 SQUARE FEET, MORE OR LESS SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. Page 1 of 2 DOC#2016-0530400 Page 12 of 15 EXHIBIT"A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-003 SIGNATURE %�I^^ 17°ti^vk^Z 2-5-2016 .c9 LAND S ` MICHAEL A. HAVENER DATE �' PLS 7354 * No. 7354 e CF CN-XF � Page 2 of 2 DOC#2016-0530400 Page 13 of 15 Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078847.1 DOC#2016-0530400 Page 14 of 15 EXHIBIT " B " MULTIPLY DISTANCE BY tDOOD2570 N 89'2222' W TO OBTAIN GROUND DISTANCES I EGEN 24.91T\ NE R. PAR. 1 TEMPORARY CONSTRUCTION EASEMENT (TCE) W R.S. 33/45 AREA = 10,391 SO. FT., MORE OR LESS P.O.C. POINT OF COMMENCEMENT c o T.P.O.B. TRUE POINT OF BEGINNING 3 10 Et OVERHEAD CROSSING EASEMENT IN �^ \~T.P.O.B. rz FAVOR OF THE COUNTY OF RIVERSIDE $ 1 TCE REC. 10/22/1952 IN BK. 1409. PG, 566 O.R. AND BK. 1409, PG. 575 O.R. APN 669-070-003 NON-PLOTTA13LE EASEMENTSlQq 1�1 l SIN RIGHT—OF—WAY FOR DITCHES OR CANALS ttl L K CONSTRUCTED BY THE AUTHORITY OF THE UNITED Z T l STATES AND RESERVING UNTO THE UNITED STATES, n �yJ ITS PERMITTEES OR LICENSEES, THE RIGHT TO ul cn OCCUPY AND USE ANY PART OF SECTION 22 LYING WITHIN FIFTY FEET OF THE CENTER LINE OF THE g Elf TRANSMISSION LINE RIGHT-OF-WAY OF THE ELI in COACHELLA VALLEY ICE AND ELECTRIC COMPANY 7, 75' 75' REC. 11/23/1921 IN BK. 8, PG. 204 OF PATENTS. t A POLE LINE EASEMENT IN FAVOR OF THE Z SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 0 IN BK. 131. PG. 119 O.R. CL- THE J.S LAURENT LEGER COMEAU AND MARY SHEILA CO it U COMEAU REVOCABLE LIVING TRUST DATED 3/13/1990 - C� vaI SURVIVOR'S TRUST, THE FREDENBURG REVOCABLE r z r Z LIVING TRUST DATED 9/30/1993, AND THE HEATHER � CC $ Q JACQUES BROWN AND STEPHEN G. BROWN REVOCABLE n Is z 0 LIVING TRUST DATED 1/10/1995. Z `AND o SO R� , — F so �n S pp Off, v P 5f QQ * No. 7354 ,} �0.9 '9C1�� I ��• OF cA0f P.D.C. y INT. OF THE CENTER LINE OF INDIDIAN CANYON DR. (INDAN AVE.) 0 50 100 200 AND SOUTHERN PACIFIC RAILROAD AS SHOWN ON ROS 18/2 SHEET 1 OF 1 SHEETS REVISED BY: DATE CITY OF PALM SPRINGS SCALE - 100' DRAWN BY: KA DATE:5-20-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE 2-5-16 APN 669-070-003 APPROVED BY: DATE SEE OWNERS ABOVE Owc. No. DOC#2016-0530400 Page 15 of 15 O4 PALM SA9 F ,y City of Palm Springs V y k. �,ro^n•,.r Office of the City Clerk c'1<IFO RN�P 3200 E.Tahquitz Canyon Way• Palm Springs,California 92262 Tel:760.323.8204•Fax:760.322.8332•TDD 760.864.9527•www.palmsoringsca.gov CERTIFICATE OF ACCEPTANCE N� 0%6� THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 669-070-003 dated: June 17, 2016 from, Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990—Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 113 interest; and Heather Jacques Brown and Stephen G. Brown, Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest 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 14th day of July, 2016, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 14th day of July, 2016. ;jAMESS THOMPSON City Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Indian Canyon Drive Widening and Bridge Replacement Coil UPRR Federal Project No. BRLO-5282(017) City Project No. 01-11 n '1 APN(s): 669-070-003 TEMPORARY CORUCTIO ASEMENT AGREEMENT, (the "Agreement"), is hereby made this day of 20A�_, by and between the City of Palm Springs, a California charter city ang 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", Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest, 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 Palm Springs, (the "City"), the County of Riverside, (the "County'), State of California, (the "State'), which is identified by Assessor Parcel Number(s) 669-070-003, (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. Temporary Construction Easement Agreement Page 1 of 7 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 Palm Springs, Riverside County, State of California, described as Assessor's Parcel Number(s) 669-070-003 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Construction Easement") associated with the Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01-11 ("Project"). 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 10,391 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 September 1, 2016 or the close of escrow controlling this transaction, whichever occurs first, and the amount shown in Section 13 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 September 1, 2021. 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 Temporary Construction Easement Agreement Page 2 of 7 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 expiration of the Temporary Construction Easement, but before its relinquishment to Grantor, the City will remove all debris, contaminants and personal property from the land and the land shall be restored to a condition substantially similar to the condition that existed before the City's use began, unless otherwise agreed to by the Grantor. 6. Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: If to Grantee, to: Attn: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.. (760) 322-8332 Telephone No.. (760) 323-8204 If to Grantor, to. Mark E & Elizabeth Fredenburg and Heather Jacques Brown, et al. 10000 Tilton Mine Rd Redding, CA 96001 7. 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. 8. 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. 9. 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 Temporary Construction Easement Agreement Page 3 of 7 with respect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. 10. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. 11. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 12. 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. 13. City shall pay to Grantor the total sum of Eight Thousand Four Hundred Sixteen dollars ($8,416), (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 Temporary Construction Easement Agreement Page 4 of 7 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 13. [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 5 of 7 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 Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of ;'Ptavicl the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — H. Ready, City Mar ger Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and ATTEST: Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 113 interest; and B Heather Jacques Brown and Stephen Ties Thompson, City Clerk G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided APPROVED AS TO FORM. 113 interest WOODRUFF, SPRADLIN & SMART By: R SA oja 0012j w T�97L - Mary Sheila au, Trustee G/fl�iG Dated: By: By: /LGGd�� Douglas olland, Esq., City Attorney Anita omeau, Tru tee Dated: (d/o8�(P APPROVED BY CITY COUNCIL By: ,p Michele Comeap, Trustee Dated: (t//l/o By: -4.�..K a 'tr (�tZ Mark. Frede urg, Trustee Dated: —g'—( 6 By:et ElizabawJ. Fred burg, Trustee Dated: By: Heather Jacquelg'Browo, Trustee Date: 6-3— /6 By: ,, �� z t Stephen'G. Brown, Trustee Date: 6 ^3—/6 Temporary Construction Easement Agreement Page 6 of 7 Exhibit List Exhibit A Legal Description of the Easement Area Exhibit B -- Depiction of Easement Area Temporary Construction Easement Agreement Page 7of7 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "A" EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-003 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE NORTH 00019'08" EAST 256.61 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID NORTHEASTERLY LINE NORTH 50053'07" WEST 96.23 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 22, SAID EASTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE NORTH 00°19'08" EAST 556.98 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 82.96 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 33 OF RECORDS OF SURVEY AT PAGE 45 ON MARCH 2, 1961; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 89022'22" WEST 24.91 FEET; 3. THENCE LEAVING SAID NORTHERLY LINE SOUTH 00019'08" WEST 197.78 FEET; 4. THENCE SOUTH 5013'38" WEST 396.45 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON MARCH 3, 1875; 5. THENCE ALONG SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE SOUTH 50053'07" EAST 18.07 FEET; 6. THENCE LEAVING SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE NORTH 5'13'38" EAST 522.93 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10,391 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. Page 1 of 2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-003 LA ND SIGNATURE 2-5-2016 v� EO MICHAEL A. HAVENER DATE PLS 7354 * No. 7354 OF CAI.%f Page 2 of 2 Exhibit "B" DEPICTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "B" EXHIBIT " B " MULTIPLY DISTANCE BY 1.QQo02570 N 89'22 22` W TO OBTAIN GROUND DISTANCES LEGENp 24.91 NE COR. PAR. 1 E/ Z 7� TEMPORARY CONSTRUCTION EASEMENT (TCE) w R.S. 33/45 LL/�/1] AREA = 10,391 SQ. FT., MORE OR LESS a o P.O.C. POINT OF COMMENCEMENT m c T.P.O.B. TRUE POINT OF BEGINNING m. J z E1 OVERHEAD CROSSING EASEMENT IN T.P.O.B. FAVOR OF THE COUNTY OF RIVERSIDE ro TCE REC. 10/22/1952 IN BK. 1409, PG. 566 O.R. AND BK. 1409, PG. 575 O.R. z APN 669-070-003 NON-PLOTTABLE EASEMENTS \ 1�\1 \I, I MIS, c RIGHT-OF-WAY FOR DITCHES OR CANALS LLI 11 Cr o^ "� CONSTRUCTED BY THE AUTHORITY OF THE UNITED % STATES AND RESERVING UNTO THE UNITED STATES, �� $ IT'S PERMITTEES OR LICENSEES, THE RIGHT TO tLl Cf7Ld OCCUPY AND USE ANY PART OF SECTION 22 LYING C) CID a IN Go � WITHIN FIFTY FEET OF THE CENTER LINE OF THE TRANSMISSION LINE RIGHT-OF-WAY OF THE 0 COACHELLA VALLEY ICE AND ELECTRIC COMPANY }^ to 75' 75' REC. 11/23/1921 IN BK. 8, PG. 204 OF PATENTS. rn� A POLE LINE EASEMENT IN FAVOR OF THE SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 c>, IN BK. 131, PG. 119 O.R. jf Lc OWNERS CL, W Q 3 U THE J. LAURENT LEGER COMEAU AND MARY SHEILA '-) COMEAU REVOCABLE LIVING TRUST DATED 3/13/1990 - CC Cl-') iionn�� SURVIVOR'S TRUST, THE FREDENBURG REVOCABLE CC cc TIZ r Z LIVING TRUST DATED 9/30/1993, AND THE HEATHER 8r $ Q JACQUES BROWN AND STEPHEN G. BROWN REVOCABLE z p LIVING TRUST DATED 1/10/1995. Z ?5 ,D A LAND SGRL Fo oG SSp * No. 7354 * �O `0,To, o CIA 9�OF CALIF P.O.C. y INT. OF THE CENTER LINE OF INDIAN CANYON DR. (INDIAN AVE.) 0 50 100 200 AND SOUTHERN PACIFIC RAILROAD AS SHOWN ONN RROS/18/2 SHEET 1 OF 1 SHEETS SCALE REVISED BY: DATE: CITY OF PALM SPRINGS 10 = loo, DRAWN BY: KA DATE:5-20-15 DOC, NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:2-5-16 APN 669-070-003 APPROVED BY: DATE: SEE OWNERS ABOVE DWG. No. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF On 1�t�F'. .�_ �'r�I tr„ before me, �f]O� � �j; ►(�_, Notary Public, personally appeared E who proved t me the basis o sati actory evidence t bet perso s) whose namE& is/ subscribed to the within instrumen nd acknowledg to njo that he/she. executed he same in his/her/lii authorized capa j, and that by his/her/ ei signaturj the instrument the persor s , or the entity upon behalf of which the perso (s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 ,°. VANESSAM. COTHRAN� q 0=� � COMM.#2149408 / )4 2 •s - _• NOTARY PUBLIC-CALIFORNIAfI //�/ /C.�/'LC"Z^lY(/�� ' SACRAMENTO COUNTY (� Signature CCMM.EXPIRES APRIL 17,2020 My Commission Expires: - r11 IT! �l�- This area for official notarial seal 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 CALIFORNIA ) ) ss. COUNTY OF On , , v%P, . �t o, before me,�ygYA1- � vn Notary Public, personally appeared who proved to me on the basis of satisfact 'evidence to be the person whose nam s) i i r subscribed to the within instrument and acknowledge to me that he s e executed the same in his/her/t ei authorized caps t (i�j, and that by his/her/their signaturqw on the instrument the person or the entity upon behalf of which the person Jacted, 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. VANESSA M. COTHRAN� WITNESS my hand and official seal. COMM.#2149408 •� p N07ARV pOBLIC CAL41 IA� f � SACRAMENTOCOUNTY n COMM.EXPIRES APRII 17,2020� Signature My Commission Expires: sfi�2o�_ This area for official notarial seal 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 CALIFORNIA ) ) ss. COUNTY OF t2�\e /s16F , ) On -, Flo, before me, \J(1yn2%5Q 04 e,SrYl -d-yl , Notary Public, personally appeared , who proved to me on the b sis of satisfactory evidence to be the perso whose namdas is/, subscribed to the within instrument and acknowledged to me that he/she/ executed the same in his/her/t el authorized capacity( es ) and that by his/her/their signatureLCpn the instrument the perso (s or the entity upon behalf of which the persons )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. VANESSA M.COTHRAN 3 MM WITNESS my hand and official seal. 3 , NOTAROY PUB C•42 1CALIFORNIA� SACRAMENTO COUNTY ('1 COMM.EXPIRES APRIL 9,2820 Ignature My Commission Expires: -4)r? DZO This area for official notarial seal 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 CALIFORNIA ) ) ss. COUNTY OF'-Z WIYS'K\Q ) On (Pi 1-7/I V, before me, )-Qyjj 4 YVvlicy Notary Public, personally appeared MICR I ('(')VVU C U , who proved to me on the basis of satisfactory evidence to be the person,(s) whose name(,$) (LVare subscribed to the within instrument and acknowledged to me that,he/gfte/they executed the same in his/&/their authorized capacity(ieg), and that by his/ff�e /their signature(s) on the instrument the person(*, or the entity upon behalf of which the person(4acted, 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. C- rt�— Si ture My Commission Expires: This area for official notarial seal JAMIE FORMICO Q COMM.#2145290 NOTARY PUBLIC-CAUFORNIAQ SACRAMENTO COUNTY n COMM.EXPIRES MARCH 15,2020'� Temporary Construction Easement Agreement