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HomeMy WebLinkAbout05911 - HENRY OLIVIER/ILEANA VISCAL-OLIVIER ICD/I-10 INTCHG R/W ACQUISITION DOC # 2013-0118345 03/11/2013 04:10P Fee:NC Page 1 of 14 RECORDING REQUESTED BY Recorded in Official Records Attn: James Thompson County of Riverside City Clerk Larry W. Ward CITYOF PALM PalmPssessor, County Clerk & Recorder E.Springs, CA 92262 Way I IIIIII iiE1111111111111111111111111111111111 FREE RECORDING S R U I PAGE SIZE I DA I MISC I LONG I RFD COPY This instrument is for the benefit of 1 the CITY OF PALM SPRINGS, and is M A L 465 426 PCOR NCOR SM CHG EXAM entitled to be recorded without fee. F (Govt. Code 6103) _i T: CTY UNI SS:ra/011613/001 PG/15.625 (Space above this line reserved for Recorder's use) 518 PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-16 APN: 666-370-023 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, CITY OF PALM SPRINGS, a municipal corporation, ("Grantor" herein), Does hereby remise, release and forever quitclaim to HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON ("Grantee" herein), all right, title, and interest Grantor has in the real property located in Riverside County, California, described in the Temporary Construction Easement Deed recorded on 04/16/2010 as Document#2010- 0176417, records of said County attached here to and made a pare hereto. PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CI-16 APN: 666-370-023 Dated: J Qa 1a, eO�3 CITY OF PALM SPRINGS, a municipal corporation ;B y.: David H. Ready, Ci an ger APPROVED AS TO FORM ATTEST: �f1j'RIS��IuEXtDwra,,yLl�* Cit CityAt B . ames Thompson, City Clerk Date -- /� APPROVED BY CITY COUNCIL of California ) ) ss County of ) On before me, otary Public in and for said County and St�, ersonally appeared who proved to me on the basis oevidence to be the pe s) whose name(s) is/are subscribed to the within instrument and owledged to that he/she/they executed the same in his/her/their authorized capacity(ies), by his/her/their signature(s) on the instrument the person(s), or the entity upon beh ich the person(s) acted, executed the instrument. I certify under PENALTY OF JURY under the laws of the S of California that the foregoing paragraph is tr d correct. WITNESS m nd and official seal. S at ure [SEAL] IIIIII II IIII III IIII II I III II I III 1111111111111111 ea 20132 f 1445eP ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On March 6, 2013, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 6th day of March, 2013: f PPLM Sp y O V N A x �aMnta Signature: FOR ES `1/+�-a* ES THOMPSON, CITY CLERK ity of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5911 Document Date: March 6, 2013 IIIIII IIIIIII 2AI IN IIIII IIIIII IIIIII III IIIII IIII IIII 0J 301£3 94�S0F EXNIBtl "A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-16 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C" OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86- 171822, OFFICIAL RECORDS OF SAID COUNTY N.45003'24"W., 117.064 METERS TO THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1964 AS DOCUMENT NO, 104165,OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE N.00020'35"E., 17.935 METERS; THENCE LEAVING SAID EASTERLY LINE N.89'58'20"E., 3.788 METERS; THENCE S.00025'03"W., 15.775 METERS; THENCE S.45003'24-E., 41.000 METERS; THENCE N.44'56'36'E., 10.000 METERS; THENCE S.45003'24"E., 60.940 METERS TO THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 19073; THENCE ALONG SAID WESTERLY LINE OF PARCEL 1 S.00924'04"W., 19.923 METERS TO THE POINT OF BEGINNING. CONTAINING 1202.8 SQ. METERS, 12,947 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 1.00002594 TO OBTAIN GROUND DISTANCES. MIC AEL A. HAVENER, PLS 7354 DATE v�2VI` Ey p EXP. 12-31-09 g 031b9� No.ram �Q THIS DOCUMENT REVIEWED BY 9TFOF CA \F�� RIVER sDE COUNTY SURVEYOR. BY: DATr; /� p Page 1 of 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ea29140£1 14 g345oF P02, W I J 2 EXHIBIT " B " Sr C, if TEMPORARY CONSTRUCTION EASEMENT T, 3 J rr-i 4 TABULATED UNE DATA E'LY UNE OF PROPERTY LINE I BEARING LENGTH DESCRIBED IN DEED TO EN4456'360 5` E 17.935 m SHELL OIL CO. REC. AUGUST 25, 1964 AS 0' E 3.788 m DOC. NO. 104165 O.R. ' W 15.775 m E 10.000 m L2 4' W 19.923 m NE'LY LINE OF DEED TO r r STATE of CALIFORNIAr)1, J. 1 0 0/7 D REC. JAN. 12, 1966 AS / APN 666-370-023 INSTR. NO. 3948 O.R. SAS PARg1 q—t6 � NETY LINE OF DEED TO F/ THE COUNTY OF RIVERSIDE A! REC. JULY 22, 1986 AS \\ DOC. NO. 86-171822 O.R. Cc N AD SURL 9r`!iy \\ ?A' ASbJ. CC) L S� 0 \ Z EXP. 31 DEC 09 y�9 9� �0. 735A OQc .1p �� \ CA0F °sue ��, P.O.B. MOSCORTLOTYC' PER PM 134/ r THIS DOCUMENT REVIEWED BY f RIVERSIDE COUNTY SURVEYOR. \ o BY: \\ DATE:—/� op y LEGEND GF y\\ TEMPORARY CONSTRUCTION EASEMENT (TCE) kF u AREA = 1202.8 SO. METERS (12,947 SQUARE FEET) 1yF rybry1 \ P.O.B. POINT OF BEGINNING DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. N0. : d-16 \ OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: I-10,ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES ii DATE:11-23-Q9 SHEET 1 aF 1 SHEET IIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIII 15 of 20 204 qa 1I IOP RECORDING REQUESTED BY DOC # 201 0-01 7641 7 04/16/2010 08:00A Fee:NC Stewart Title Page 1 of to Recorded in Official Records WHEN RECORDED RETURN TO: County of Riverside Attn: James Thompson II Larry W. 1WardCity Clerk Assessor. County Clerk & If Recorder 3CITY OF PALM SPRINGS 200 E.Tahquitz Canyon Way I II�II�IIIIIII II I II)I'�I I IIII I IIII IIII�I)IIII IIII Palm Springs,CA 92262 Exempt from recording charges S R U I PAGE I SIZE I DA I MISC LONG RFD COPY under Government Code§6103 72.982\09/08/091001PG1COra M A OR L 465 ash PC NCOR SM NC - exua T: CTY UNI ONya PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-16 APN: 666-370-023 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, �26 HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Numbers 666-370-023, referenced as Parcel CI-16 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subiect to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately twelve thousand nine hundred forty seven (12,947) square feet referenced as Parcel CI-16 and described on Exhibits "A" and "B" attached hereto and made a part hereof("Easement Area"). 2. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted may be exercised for twenty four (24) months from the thirty (30) day written notice, or until completion of said Road, whichever shall be sooner, at which time this Deed shall be deemed null and void. 1 ROW:1-10 and Indian Interchange IIII IIIIII IIIIIII IIIIII IIIII IIIIIIIII III ea211 Fle0 f 1445yP 3. 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 Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. Notwithstanding the foregoing, Grantor reserves the right to use the Easement Area for vehicle and pedestrian ingress and egress to Grantor's property during construction of the Indian Avenue and 1-10 Interchange Project. Such access shall remain open at all times and shall further be convenient and accessible so that customers of Grantor's business may freely access Grantor's property. Grantor may place direction signs, "open for business during construction" signs, and other such information signs on the Easement Area to direct and inform customers during the construction work. Grantor further retains the right to access Grantor's sign located on the Easement Area for purposes of updating the sign with current gas prices and other advertising information. Grantee shall not block or damage Grantor's sign located on the Easement Area. 4. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 5. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon, subject to the provisions of Section 3 hereinabove and further subject to the following provisions: a. Permanent closure of the Grantor's existing easterly driveway shall occur only after completion of construction of the new westerly driveway connection to Grantor's property from 20th Avenue. The new westerly driveway connection, as depicted on Exhibit "C', shall not be changed, and shall be constructed as generally shown in the location thereon. b. Grantor shall have no responsibility for payment to the City of the cost to construct any improvements related to the Indian Avenue and 1-10 Interchange Project, including costs associated with closure of the existing easterly driveway, or construction of the new westerly driveway. 6. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 7. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 8. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: Henry Olivier and Ileana Viscal-Olivier PO Box 9493 San Bernardino, CA 92427 Phone Number: (909)880-1146 If to Ci COUNTY OF RIVERSIDE Economic Development Agency 2 ROW: 1-10 and Indian Interchange IIII I illllll IIII IIII IIII IIIIII 201 IIIIII III IIIII III IIII ea 2 f 1 459P Real Estate Division 3403 10" Street Riverside, California 92501 Attention: Craig Olsen Real Property Agent Phone Number: (951) 955-4840 Fax: (951)955-4837 E-mail address: CAOlsen@rivcoeda.org With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760)322-8325 E-mail address: Marcus.Fuller@paimsprings-ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 9. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 10. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated at,V 3, )wok , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 11. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 12. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the 3 ROW:1-10 and Indian Interchange 111111111111111111111111111111111111111111111111111111 a3 F l8e£10445eF provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 13. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 14. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 15. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 16. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. [SIGNATURE PAGE FOLLOWS] 4 ROW: 1-10 and Indian Interchange 111111111111111111111111111111111111111111111111 ©3?©1 ce 11©445ea s or 4 Dated: // LC 3 �Zmn 9 GRANTOR: HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON BY: / Henry Olivier Ileana Viscal-Olivier CITY —O-FPALM SPRINGS, a municipal corporation By- David f David H. Ready, City Ma ATTEST: By: mes Thompson,'City APPI D AS TO FORM: WOO FF, S DLIN & RT By: d ougla C.onollan ., City Attorney C 5 ROW:1-10 and Indian Interchange IIIIII IIIIIII IIII IIII IIIII IIIII IIIIII III IIIII III(III 2rt1 10 of014 OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss COUNTY OF 2\VeV✓ tc.f ) On NW. Uq , before me, bvxcdic t° � Eta Notary Public, personally — appeared nln1 01%vievrwd Ijtam Vlsf41- 0(tvle--e who proved to me on the basis of satisfactoq evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hits/hefltheir authorized capacity(ies), and that by hFs`/hefltheir 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. CMDICE E.E7TER WITNESS m hand and official seal. RCwfyp lc-Codwriida a �A ','' RWftda Coatry Signature �NV�tM t4. _ J� I oanm ' iresfeD 2012 My Commission Expires: k'C h- 2to, '20 )Z This area for official notarial seal ROW: I-10 and Indian Interchange I IIIIII IIIIIII IIII IIII IIIII IIIIII IIIIII III IIIIII III IIII ei�91 2e of 4�yF' EXHIBIT"'A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-16 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSI-IIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C" OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86- 171822, OFFICIAL RECORDS OF SAID COUNTY N.45003'24"W., 117.064 METERS TO THE EASTERLY LINE OF THAT PROPERTY DESCRI BED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1964 AS DOCUMENT NO. 104165,OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE N.00020'35"E., 17.935 METERS; THENCE LEAVING SAID EASTERLY LINE N.89058'20"E., 3.788 METERS; THENCE S.00025'03"W., 15.775 METERS; THENCE S.45003'24"E., 41.000 METERS; THENCE N44056'36"E., 10,000 METERS; THENCE S.45003'24"E., 60.940 METERS TO THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 19073; THENCE ALONG SAID WESTERLY LINE OF PARCEL 1 S.00924'04"W., 19.923 METERS TO THE POINT OF BEGINNING. CONTAINING 1202.8 SO. METERS, 12,947 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 1.00002594 TO OBTAIN GROUND DISTANCES. 9 `AN fiq& F pw-rnM (l O L D S�' MIC AEL A. HAVENER, PLS 7354 DATE EXP. 12-31-09 1 g &p i2�1ltA u, No.7354 �Q �yT� owe THIS DOCUMENT REVIEWED BY OF CP, RIVER IDF COUNTY SURVEYOR. BY: � DATE: is o Page 1 of 1 �, I IIIIII IIIIIII IIII IIII IIIII IIIIII IIIIII II IIII�I III IIII 10112 3©3 0 03: 1 1 OP 2 EXHIBIT " B " Jr C, �1f TEMPORARY CONSTRUCTION EASEMENT r 3 1 ri, 4 TABULATED UNE DATA n \ E'LY UNE OF PROPERTY LINE BEARING LENGTH DESCRIBED IN DEED TO SHELL OIL CO. REC. L1 N 0020'35' E 17.935 m AUGUST 25, 1964 AS N 8958'20' E 3.788 m DOC. NO. 104165 O.R. L3 S 00'25'03' W 75.775 m L4 N 4456'36' E 10.000 m /T L2 I L5 S 00'24'04' W 19.923 m NE'LY LINE OF DEED TO STATE OF CALIFORNIA J 11-1.J, 10 D/7 D REC. JAN. 12, 1966 AS APN 666-370-023 INSTR. N0. 3948 O.R. SAS PARg1 q-1fi � NE'LY LINE OF DEED TO F� THE COUNTY OF RIVERSIDE \ '�! REC. JULY 22, 1986 AS \ DOC. NO. 86-171822 O.R. ti ?S�O� AND SUR` CJn j \\ A. ASb�. CQ L J oA TD 60 \ 1 EXP. 31 DEC 09 6 �{j D 735" 0��\t} l0 OF' CA0F 9s� \g�� \ P.O.B. �/�� �g• >>) MOST N'LY COR. LOT 'C' PER P 134/ v � THIS DOCUMENT REVIEWED BY RIVERSIDE COUNTY SURVEYOR. BY: DATE: ff�`2'p LEGEND TEMPORARY CONSTRUCTION EASEMENT (TCE) R AREA = 12028 SO. METERS (1Z947 SQUARE FEET) P.O.B. POINT OF BEGINNING DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. No. : CI-16 \ OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE:11-23-09 SHEET 1 OF 1 SHEET IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII IIIIII ear911ie1a£ea4ieF of PALM ,r,, " P'� City of Palm Springs U v A' Office of the City Clerk �•oaaEo 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 C-94 fF0k��P Tel: (760)323-8204 • Pax:(760)322-8332 • Web: www.palmsprings-ca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666-370-023 dated: November 3, 2009 from, Henry Olivier and Ileana Viscal-Olivier, Husband and Wife as Tenants in Common 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 9t' day of November, 2009, 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 9U' day of November, 2009. . Thompson ji?Clerk IIII IIIII I III III III II II I III 1111111111111 e r 01 1©of0141 AP Post Office Box 2743 0 Palm Springs, California 92263-2743 CITY OF PALM SPRINGS O F F E R T O PURCHASE PROJECT: 1/10— Indian Avenue Interchange PARCEL: 20559-1 APN: 666-370-023 OWNER: HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON The CITY OF PALM SPRINGS hereby makes you an offer of Three Hundred Ninety Five Thousand Four Hundred Eighty Eight Dollars ($395,488) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-023, identified as Parcels 20559-1. You are not required to vacate your property until payment of the purchase price has been made available to you. Your signature on the Offer to Purchase is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO PURCHASE, BUT MERELY AN OFFER TO PURCHASE FOR THE AMOUNT INDICATED ABOVE, WHICH IS SUBJECT TO THE CITY COUNCIL'S APPRO Dated: By:, David H. Ready, It IN Received a copy of the above offer this day of 20 HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON By: ell- Henry Olivier Ileana Viscal-Olivier rY CITY COtlKIL CO:ra 09/08/09 001 PG 12.982 ROW: 1-10 and Indian Interchange CITY OF PALM SPRINGS OFFER TO RENT PROJECT: 1/10— Indian Avenue Interchange PARCEL: CI-16 APN: 666-370-023 OWNER: HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON The CITY OF PALM SPRINGS hereby makes you an offer of Four Thousand Five Hundred Twelve Dollars ($4,512) as the rental price for a portion of the land known as Assessor's Parcel Number 666-370-023, identified as Parcel CI-16. You are not required to vacate your property until payment of the rental price has been made available to you. Your signature on the Offer to Rent is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO RENT, BUT MERELY AN OFFER TO RENT FOR THE AMOUNT INDICATED ABOVE, WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROVAL. K. Dated: By: David H. Ready, nag7,— Received a copy of the above offer this day of 20 HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND/WIFE AS TENANTS IN COMMON By: �/ ay�r`�y Henry Olivier � � c� n - By: �I Ileana Viscal-Olivier CO:ra 09/08/09 001PG A"F'i0V-.,D BY i7Y rOLINM 12.982 ROW: 1-10 and Indian Interchange 1 CITY OF PALM SPRINGS (Herein referred to as "City"), and 2 HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN a COMMON (Herein referred to as"Grantor") 4 s PROJECT: I-10 / Indian Ave Interchange PARCEL: CI-16 6 APN: 666-370-023 7 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT a 1. The right is hereby granted City to enter upon and use the land of Grantor in the 9 City of Palm Springs, County of Riverside, State of California, described as Assessor's Parcel Number 666-370-023, depicted on the plat map attached hereto, and made a part hereof, for all 10 purposes necessary to facilitate and accomplish the construction and installation of Indian Avenue and 1-10 interchange. 11 2. The temporary construction easement, used during construction of the project 12 consists of approximately twelve thousand nine hundred forty seven (12,947) square feet as designated on the attached legal description, referenced as Exhibit "A", and plat map, 13 referenced as Exhibit "B" ("Easement Area"). 14 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted may be exercised for twenty four (24) months from 15 the thirty (30) day written notice, or until completion of said project, whichever shall be sooner, at which time this agreement shall be deemed null and void. 16 4. The rights granted herein include the right to enter upon and to pass and repass 17 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 18 persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. City agrees not to damage zs Grantor's property in the process of performing such activities. Notwithstanding the foregoing, Grantor reserves the right to use the Easement Area for vehicle and pedestrian ingress and 20 egress to Grantor's property during construction of the Indian Avenue and 1-10 Interchange Project. Such access shall remain open at all times and shall further be convenient and 21 accessible so that customers of Grantor's business may freely access Grantor's property. Grantor may place direction signs, "open for business during construction" signs, and other 22 such information signs on the Easement Area to direct and inform customers during the construction work. Grantor further retains the right to access Grantor's sign located on the 23 Easement Area for purposes of updating the sign with current gas prices and other advertising information. The City shall not block or damage Grantor's sign located on the Easement Area. 24 City hereby further agrees to the following provisions: 2s 1 ROW, 1-10 and Indian Interchange 1 a. Reasonable access shall be maintained to the Grantor's property during construction of the Indian Avenue and 1-10 Interchange Project. 2 b. Permanent closure of the Grantor's existing easterly driveway shall occur 3 only after completion of construction of the new westerly driveway connection to Grantor's property from 20th Avenue. The new westerly driveway connection, as depicted on Exhibit "C", shall not be changed, and shall be constructed as generally shown in the location thereon- 5 c. Grantor shall have no responsibility for payment to the City of the cost to construct any improvements related to the Indian Avenue and 1-10 Interchange Project, 6 including costs associated with closure of the existing easterly driveway, or construction of the new westerly driveway. 7 5. At the termination of the period of use of Grantor's land by City, but before its 8 relinquishment to Grantor, debris generated by City's use will be removed and City shall restore the Easement Area to its condition as existed prior to the City's use, including replacing any 9 damaged landscaping and irrigation improvements, and resurfacing the driveway portions of the Easement Area. 10 6. Grantor shall be held harmless from all claims of third persons arising from the 11 use by City of Grantor's land. 12 7. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 13 8. This agreement, together with the recorded Temporary Construction Easement 14 Deed ("Deed"), is the result of negotiations between the parties hereto. This agreement and the Deed are intended by the parties as a final expression of their understanding with respect to 15 the matters herein and therein and is a complete and exclusive statement of the terms and conditions thereof. 16 9. This agreement shall not be changed, modified, or amended except upon the 17 written consent of the parties hereto. is 10. This agreement and the Deed supersede any and all other prior agreements or understandings, oral or written, in connection therewith. 19 11. Grantor, their assigns and successors in interest, shall be bound by all the terms 20 and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. 21 12. City agrees to pay Grantor for the right to enter upon and use Grantor's land in 22 accordance with the terms hereof. 23 13. City shall pay to the order of Grantor the sum of Four Thousand Five Hundred Twelve Dollars ($4,512) for the right to enter upon and use Grantor's land in accordance with 24 the terms hereof, which sum shall be paid to Grantor by and through the Escrow, at the Close of Escrow, pursuant to the Right-of-Way Agreement for Acquisition of Real Property entered 25 into by and between the parties hereto on even date herewith. 2 ROW: IA0 and Indian Interchange 1 Dated: 1yevo2py 2009 2 HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON 3 By: Zf ��� � rv'fc 4 Henp( Olivie 5 By. t� tt"e u ae l 4"e Ileana Viscal-Olivier 6 7 8 CITY OF PALM SPRINGS, a municipal corporation 1 er�f, 11 David H. Read er APPROVED BY CITY COUNCIL 12 ATTEST: 13 _ 14 - � a.�. By: ,J es Thompson, City Clerk 15 16 APPROVED AS TO FORM: 17 WOVDglas F, ADLIN & SMART 18 By: 19 Ho land, Esq., City Attorney ;O:ra / )9/08/09 2 0 101 PG 2.982 21 22 23 24 25 3 ROW: 1-10 and Indian Interchange EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-16 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C"OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86- 171822, OFFICIAL RECORDS OF SAID COUNTY N.45°03'24"W., 117.064 METERS TO THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1964 AS DOCUMENT NO, 104165, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE N.00020'35"E., 17.935 METERS; THENCE LEAVING SAID EASTERLY LINE N.89058'20"E., 3.788 METERS; THENCE 8.00025'03'W, 16.776 METERS; THENCE 5.45°03'24"E., 41.000 METERS; THENCE N.44056'36"E., 10.000 METERS; THENCE S.45003'24"E., 60,940 METERS TO THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 19073; THENCE ALONG SAID WESTERLY LINE OF PARCEL 1 S.00024'040W., 19.923 METERS TO THE POINT OF BEGINNING. CONTAINING 1202.8$0. METERS, 12,947 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 1,00002594 TO OBTAIN GROUND DISTANCES. pND MIC AEL A. HAVENE'R, PLS 7354 DATE =v �F'•��� EXP. 12-31-09 Exp,1^131laR J, No.7394 �- Op 0A' Page 1 of 1 PM W -1/2 EXHIBIT " B " SFM 14 TEMPORARY CONSTRUCTION EASEMENT r Y r, TAB CLY LINE OF PROPERTY LINE BEARING LENGTH r� \\ '' DESCRIBED IN DEED TO !7%S,jYjj Lt N 00'20'35' E 17.935 m SHELL OIL CO. REC.AUGUST 25, 1964 AS L2 N 89'58'20' E 3.788 m DOC. NO. 104165 O.R. L3 S 00'25'03' W 15.775 m L4 N 44'56'36' E 10.000 m L2 L5 S 00'24'04" W 19.923 m NE'LY LINE OF DEED TO II y STATE OF CALIFORNIA R'J J 0 0/ ✓ J REC. JAN. 12, 1956 AS APN 866-370--023 INSTR. NO. 3948 O.R, >�� / PARCEL CI-1fi � NE'LY LINE OF DEED TO 1 F/ THE COUNTY OF RIVERSIDE cc \ '�! REC. JULY 22, 1986 AS \ DOC. NO. 86-171822 O.R. �%K � \ 83 S El_ ?�; Sb`�' CQ v4•Z,P Ffp \ 4- gyp• ' EXP. 31 DEC 09 OF CAo- \ \ �� P.O.B. MOST N'LY p h J COR. LOT "Co 88R89 PM 1I "gyp�p \ V do !" � \ I s 'p,' l \y LEGEND` ` ® TEMPORARY CONSTRUCTION EASEMENT (TCE) ac° AREA = 1202.8 SQ. METERS (12,947 SQUARE FEET) \ P.O.S. POINT OF BEGINNING 1 `\ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR, NO. : CI-16 OTHERYASE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.G0002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE:11-02-09 SHEET I OF 1 SHEET ZZ 'j of w 2 )7.. in 4OF 1A -,80 1 t I AGREEMENT RE: DAMAGES FOR ACQUISITION OF REAL PROPERTY AGREEMENT RE: DAMAGES FOR ACQUISITION OF REAL PROPERTY (the "Agreement") is made and entered into as of 20 , by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON ("Seller"), with reference to the following facts: RECITALS A. Buyer and Seller are concurrently herewith entering into that certain Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions ("Purchase Agreement") for Buyer purchase from Seller of certain real property comprised of approximately nine thousand eight hundred sixty two (9,862) square feet, located in the City of Palm Springs, the County of Riverside, State of California, designated by CalTrans Parcel Number 20559-1 , which is a portion of Assessor's Parcel Number 666-370-023 (the "Property") more particularly described in the Purchase Agreement. B. Buyer and Seller are entering into this Agreement to provide for the payment of certain compensation to Seller for damages related to Buyer's acquisition of the Property. C. All capitalized terms not expressly defined herein shall have the same meaning as given in the Purchase Agreement, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1. Coordination with Purchase Agreement. This Agreement is being entered into concurrently with the Purchase Agreement for Buyer's acquisition of the Property and the compensation payable to Seller hereunder is expressly conditioned upon Buyer's completion of the purchase of the Property in accordance with the terms of the Purchase Agreement. In the event Buyer shall terminate the purchase of the Property in accordance with the terms of the Purchase Agreement then this Agreement shall likewise terminate as of the (3$077-006\Agreement Re Damages£nr Acquisition of Real Pruperty t same date as the Purchase Agreement and Buyer shall have no further obligations hereunder. 2. Compensation to Seller. Buyer agrees to pay to Seller the sum of Three Hundred Eighty Three Thousand Six Hundred and Fifty Four Dollars ($383,654) ("Damage Compensation") as compensation for interference with business operations on the property being retained by Seller, loss of goodwill, and severance damages, if any, related to the sale of the Property to Buyer in lieu of condemnation. The Damage Compensation shall be paid to Seller in cash currently with the Close of Escrow for the sale of the Property under the Purchase Agreement. 3- Escrow and Closing. 3.1 Opening Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the 'Escrow") with Stewart Title ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. Any escrow instructions prepared by Escrow Holder shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing .by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 Escrow Fees and Other Char es. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Property which arise in this Escrow. 3.3 Escrow Closin . Escrow shall close concurrently with the Close of Escrow for the sale of the Property (the "Property Sale Escrow") under the Purchase Agreement. Seller shall deposit the Damage Compensation, together with all escrow costs, with Escrow Holder at least two (2) days prior to the Closing Date under the Property Sale Escrow. Upon the Close of the Property Sale Escrow, Escrow Holder is instructed to disburse the Damage Compensation to Seller. 4. Release. The total compensation to be paid by Buyer in connection with the sale of the Property is the Purchase Price and the Damage Compensation payable hereunder, which combined consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property together with the post-closing obligation set forth in Section 2.6 of the Purchase Agreement. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and 2 G2077-000Agreement Re Damages for Acquisition of Heal Property Federally Assisted Programs. Except for any breach of terms or conditions contained in the Purchase Agreement or this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBTOR." Sell is I i i ✓ 5. GENERAL PROVISIONS. 5.1 Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 5.2 Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 5.3 Entire Agreement. This Agreement, together with the Purchase Agreement constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements- This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached- 5.4 Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 02077-WMgreement Re Damages for Acquisition or Real Prnputy 3 5.5 Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 5.6 Severabi�. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 5.7 Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 5.8 Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 5.9 Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 5.10 Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or G2077-006�Agrcement Re Damages for Acquisition of Real Properry 4 not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 5.11 Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 5.12 Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next-day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: James Thompson 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 With a copy to: Attn: Craig Olsen Right-of-Way Acquisition Agent County of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 Facsimile No.: (951) 955-4840 Telephone No.: (951) 955-4828 If to Seller, to: Henry Olivier and Ileana Viscal-Olivier PO Box 9493 San Bernardino, CA 92427 Phone Number: (909) 880-1146 If to Escrow Holder, to: Attn: Grace Kim Stewart Title 2010 Main St., Suite 220 Irvine, CA 92614 Facsimile No.: (714) 242-9886 Telephone No.: (949) 224-8606 G2077-006 ftrccnlatt Rc Damages f'nr Acquisition of Real Fruperly 5 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 5.13 Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 5,14 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. [SIGNATURE PAGE FOLLOWS] G2077.OWAgi'ccmcnt Rc Damagcs}'or Acgwsitinn of Real Properly 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BUYER: SELLER: CITY OF PALM SPRINGS, a municipal HENRY OLIVIER AND ILEANA VISCAL- corporation, OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON By:. t David H. Ready, CA By/ .. Henry Olivi r ATTEST: Ileana Viscal-Olivier mes Thompson, City Clerk APPROVED BY CITY COUNCIL APPROVED AS TO FORM: WOO UFF,z IN & SMART 1O'� By: uglas Esq., City Attorney C72077-006\Agreement Re Damages for Acquisition of Real Property 7 Project: 1-10 and Indian Avenue Interchange Project No.: 001 PG APN: 666-370-023 Parcels: 20559-1 RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of , 20 , by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately nine thousand eight hundred sixty two (9,862) square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), designated by CalTrans Parcel Number 20559-1, which is a portion of Assessor's Parcel Number 666-370-023, more particularly described and depicted on Exhibits A and B attached hereto, the property interest being acquired also includes the access rights to 20"' Avenue from the southeast corner of the subject property northwesterly for a distance of 292.4 feet as described and depicted on Exhibits A and B attached hereto and collectively referred to as the "Property". B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller the Property, in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1 , PURCHASE AND SALE. 1 .1 . Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Property. As used herein the "Property" shall include the real property identified on Exhibit A and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement rights, rights to half-widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Eleven Thousand Eight Hundred Thirty Four Dollars ($11 ,834) payable as cash at closing. 2. ESCROW AND CLOSING. 2.1 . Opening of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with Stewart Title, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Property which arise in this Escrow. 2.3. Closing Date: Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before February 26, 2010 (the "Closing Date"). As used in this Agreement, the Close of Escrow shall mean the date a Grant Deed, as provided in Section 2.4.2(a) hereof ("Grant Deed"), is recorded in the Official Records of the County. 2.3.1 Conditions to Bu er's Obli ations. The Close of Escrow and Buyer's obligation to purchase the Property are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; (d) There shall have occurred no material adverse change in the physical condition of the Property (such as those caused by natural disasters) which would render the Property unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for the development of the Property; and (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Property, subject only to the Permitted Exceptions; and 2.3.2 Conditions to Seller's Obli ations. The Close of Escrow and Seller's obligation to sell and convey the Property are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4. Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed in the form of Exhibit D; and (c) Right of Entry and Temporary Construction Easement Agreement; and (d) Temporary Construction Easement Deed with the Certificate of Acceptance; and (e) The payment sum set forth in Section 13 of the Right of Entry and Temporary Construction Easement Agreement. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant Deed in the form of Exhibit C attached hereto, the Property subject only to the Permitted Exceptions (defined below); (b) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit E attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement. 2.5. Closing, 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non- foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Property less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Property as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed and Temporary Construction Easement Deed in the Office of the County Recorder of the County,(ii) pay any transfer taxes, (iv) instruct the County Recorder to return the Grant Deed and Temporary Construction Easement Deed to Buyer, (v) distribute to Seller the Purchase Price, and (vi) deliver to Buyer the Title Policy covering the Property subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Real Estate Taxes. Seller shall pay real property taxes at the Close of Escrow based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. Seller may seek reimbursement from the Riverside County Tax Assessor's office for any property taxes that have been assessed for a period after the Close of Escrow as Buyer is a public agency exempt from payment of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary information to the Assessor's office in connection with such request for refund. 2.5.4 Title and Possession. Upon the Close of Escrow, title to and possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions and Seller's right to temporary use the Property for access to the balance of Seller's remaining property as provided in Section 2.6 below. 2.6. Post-Closing. The following provisions shall survive the Close of Escrow and remain the binding obligations of the Buyer and Seller until each of such obligations have been fully performed: 2.6.1 Replacement Access to Remaining Property_. Buyer has acquired public right-of-way over property located to the west of Seller's remaining property for purposes of providing a replacement access ("Replacement Access") to Seller's property. The additional public right-of-way is identified as Parcel CO-1, and was acquired by a Grant of Easement Deed recorded August 11 , 2009, as Instrument No. 417948, included as Exhibit F attached hereto. Parcel CO-1 as public right-of-way provides Seller, as well as the general public, with unrestricted access rights across the property acquired by Buyer, to Seller's remaining property. The Replacement Access is depicted on Exhibit G attached hereto. Buyer agrees to grade and construct improvements on the Replacement Access area, including asphalt surfacing, as necessary to make the same suitable for vehicle ingress and egress to Seller's remaining property. Such improvements may be constructed in connection with other street improvements to 201" Avenue, and the actual timing for construction of such improvements shall be in Buyer discretion. 2.6.2 Seller's Retained Access Rights. Buyer acknowledges that the Property being sold hereunder includes an existing driveway on the easterly portion of the Property ("Eastern Driveway") that is used to provide access to Seller's remaining property and that such access is necessary for the operation of Seller's business on the remaining property. Buyer hereby agrees that following the Close of Escrow Seller shall retain the right to use the Eastern Driveway until such time as Buyer has completed all of the improvements to the Replacement Access as provided in Section 2.6.1 above and such Replacement Access is available for Seller's unrestricted use. Buyer shall not remove any of the driveway improvements or otherwise interfere with Seller's use of the Eastern Driveway until the Replacement Access is completed and available for Seller's use. Upon Buyer's completion of the Replacement Access, Seller's rights to use the Eastern Driveway located on the Property shall automatically expire and Buyer may thereupon remove or otherwise close such access point to Seller's remaining property. 2.6.3 Repairs to Seller's Property. Buyer shall make the following improvements on Seller's remaining property in the area of the closed Eastern Driveway, to be constructed in connection with other street improvements to 201" Avenue (but not prior to completion of the Replacement Access identified in Section 2.6.1 above): (i) remove existing site improvements from the southerly edge of the existing underground fuel storage tanks extending through the Eastern Driveway, (ii) reconstruct new curb and gutter, and new asphalt surfacing in such area to revised elevations sufficient to decrease the existing steep slope through the Eastern Driveway while preserving drainage of Seller's remaining property to 20th Avenue, (iii) extend the decorative wall and landscaping along the closed areas of the Eastern Driveway so that it is consistent with the remaining frontage of the property, and (iv) install proper drainage so that storm water runoff drains to 20th Avenue. The general scope of the required improvements is depicted on Exhibit H attached hereto. Buyer shall prepare and deliver to Seller a final plan identifying the improvements generally depicted on Exhibit H to be constructed in connection with other street improvements to 20th Avenue (but not prior to completion of the Replacement Access identified in Section 2.6.1 above.) Seller shall have the right to reasonably approve the plan for the improvements, and Seller shall notify Buyer within 10 days after receipt of the plan of any comments or concerns Seller may have as to the proposed improvement work. If Seller reasonably objects to the plan, Buyer and Seller shall cooperate in good faith to agree upon a plan for the improvement work. The improvements shall be completed as soon as reasonably possible following the closure of the Eastern Driveway, but in no event later than 120 days after such closure. 2.6.4 Turn Lane to Seller's Property. As additional consideration to Seller for the sale of the Property, Buyer represents and agrees that any center median constructed on 20th Avenue will contain a left turn lane permitting east bound traffic to make left turns into Seller's property substantially as shown on Exhibit G attached hereto. Buyer acknowledges that such agreement to provide a left turn lane into Seller's property is a material part of the consideration to Seller for the sale of the Property. 2.7. Failure to Close; Termination. 2.7.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 3. ACTIONS PENDING CLOSING. 3.1, Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Orange Coast Title (the "Title Company") will furnish Buyer with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice ) of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as Disapproved Exceptions"- Seller shall have the right, but not the obligation, to cure any such Disapproved Exceptions within ten (10) business days of notice thereof. In the event that Seller is either unable or unwilling to cure a Disapproved Exception, Buyer shall have the right to either terminate the Agreement or proceed with the acquisition thereby accepting any such Disapproved Exception which shall thereafter be the sole responsibility of Buyer to resolve and Buyer shall acquire the Property subject thereto. 3.1 .3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Possession and Use. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Property by the Buyer, including the right to remove and dispose of improvements, shall be subject to the provisions of Section 2.6 above. The Purchase Price includes, but is not limited to, full payment for such possession and use. 3.4. Seller's Covenant Not to Further Encumber the Property_. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 3.5. Loss or Damage to Improvements. Loss or damage to the Property, including any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Grant Deed shall be at the risk of Seller. In the event that loss or damage to the Property, or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed, City may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1 . Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to the best of Seller's knowledge, to Buyer as follows, all of which shall survive the Close of Escrow: 4.1 .1 Seller's Authority. Seller is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller. 4.1.2 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat, flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1 .3 Mechanic's Liens. There are no mechanics', material men's or other claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. 4.1 A Leases. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.5 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1.6 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. In the event after the execution of this Agreement but before the Close of Escrow Seller discovers any matter that would make one of Seller's representations or warranties or any other statement furnished by Seller materially untrue, then Seller may provide Buyer with an updated disclosure statement ("Disclosure Update") describing the newly discovered fact and the correction to any representation, warranty or statement contained in this Agreement or any other document delivered to Buyer. Upon receipt of a Disclosure Update Buyer shall have ten (10) days to review and accept such update or to terminate this Agreement. If Buyer elects to accept such update then Buyer's representation, warranty or prior statement shall be revised to reflect the information contained in the Disclosure Update and Seller shall have no obligation or liability as to the condition so disclosed in the Disclosure Update. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects subject, however, to any matters contained in a Disclosure Update, and all such representations as modified or updated by the Disclosure Update shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buyer' Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Buyer's Author. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Seller in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.3. Mutual Indemnit . Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the City of Palm Springs and/or the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, Seller shall have an extension to answer such action until 15 calendar days after this Agreement is terminated by Buyer and upon the Close of Escrow hereunder, Buyer agrees to dismiss such action and Seller agrees and consents to such dismissal of the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, costs, interest, and attorney's fees. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7, GENERAL PROVISIONS. 7.1 . Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 72. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 7.3. Entire A reement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. 7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7.6. 5everability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of Y this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 7.7. Waiver of Covenants Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7.9. Relationshi of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. AttoMgYL ?• In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment- Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next-day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: James Thompson 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 With a copy to: Attn: Craig Olsen Right-of-Way Acquisition Agent County of Riverside 3133 Mission inn Avenue Riverside, CA 92507 Facsimile No.: (951) 955-4840 Telephone No.: (951) 955-4828 If to Seller, to: Henry Olivier and Ileana Viscal-Olivier PO Box 9493 San Bernardino, CA 92427 Phone Number: (909) 880-1146 If to Escrow Holder, to: Attn: Grace Kim Stewart Title 2010 Main St., Suite 220 Irvine, CA 92614 Facsimile No.: (714) 242-9886 Telephone No.: (949) 224-8606 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 7.13. Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the heed, and be binding upon and inure to the benefit of the respective Parties. 7.14 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BUYER: SELLER: CITY OF PALM SPRINGS, a municipal HENRY OLIVIER AND ILEANA VISCAL- corporation, OLIVIER, HUSBAND AND WIFE AS �_ TENANTS N CO/MMON By David H- Ready, C ger BYr �. y l enry Olivie ATTEST: �cX �Lw Ci'21 By Ileana Viscal-Olivier James Thompson, City Clerk APPROVED BY CITY COUNCIL APPROVED AS TO FORM: WOO UFF, SPRADLIN & SMART d = �By: D uglas . Hol nd sq., City Attorney Exhibit List Exhibit A -- Legal Description of the Property Exhibit B -- Depiction of Property Exhibit C - Form of Grant Deed Exhibit D - Form of Certificate of Acceptance Exhibit E - Affidavit of Non-foreign Taxpayer Status Exhibit F --Parcel CO-1 Easement Deed Exhibit G --New Access Exhibit Exhibit H --Driveway Closure Exhibit CO:ra 09/08/09 001 PG 12.982 ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the foregoing Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code §18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: STEWART TITLE By: Name: Its: Cora 09/06/09 001 PG 12.982 EXHIBIT "A" INDIAN AVENUE RIGHT-OF-WAY ACQUISITION PARCEL 20559-1 THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C'OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY; (1)THENCE ALONG THE WESTERLY LINE OF SAID LOT °C" S.00°24'04"W., 13.685 METERS TO THE SOUTHWESTERLY CORNER OF SAID LOT'C" BEING A POINT ON THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 12, 1966 AS INSTRUMENT NO. 3948, OFFICIAL RECORDS OF SAID COUNTY; (2)THENCE ALONG SAID NORTHEASTERLY LINE N.45"03'24"W., 98.727 METERS; (3)THENCE LEAVING SAID NORTHEASTERLY LINE N.44°56'36"E., 9.754 METERS TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT ND. 86-171822,OFFICIAL RECORDS OF SAID COUNTY; (4)THENCE ALONG SAID NORTHEASTERLY LINE GRANTED TO THE COUNTY OF RIVERSIDE S.45°03'24"E., 89.128 METERS TO THE POINT OF BEGINNING. CONTAINING 9162 SQ. METERS, 9,862 SQUARE FEET, MORE OR LESS. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY, OVER AND ACROSS COURSE (4) HEREINABOVE DESCRIBED 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 1.00002594 TO OBTAIN GROUND DISTANCES. t � K7 � 1__ flOS�O� �p4AND So M I GRA15L A. HAVENER, PP 7354 DATE EXP. 12-31-09 c,K" z Eap 12131/0 J, Na 7364 IT THIS DCUMENT REVIEWED BY RIVERSIDE COUNTY SURVEYOR. I s9TFOF CA��F��`' BY: DATE: Page 1 of 1 Po -1�2 EXHIBIT " g „ J r C -1 4 RIGHT-OF-WAY ACQUISITION r r1 ro r) /� P J J J, ri, -r THIS DOCUMENT REVIEWED BY ' RIVERSIDE COUNT/Y�SURVEYOR,EY., 2'2:/� h GK ❑ATE:_ 7-16 -O t pliSi -1Jo17'9 APN 666-370-023 u�1 1 NE'LY LINE OF DEED TO C THE COUNTY OF RIVERSIDE REC, JULY 22, 1986 AS DOC. N0, 86-171822 O.R. L4 \ s 9'#'�s �sb�'$' NE'LY LINE � DEED TO STATE OF CALIFORNIA J REC, JAN. 12, 1966 AS F PARCELFr- INSTR. N0. 3948 O.R. 20559-1 ti Ep LAND SU �89� P.O.B. MOST WILY 2 1 S COR. LOT "C" PER PM 134/ * EXP. 31 DEC 09 * q IP �pG� �Cf �v, #ski ��> >s�ov, 88-$9 sT9 No. 135190 k QF o, LEGEND Ilk, RIGHT-OF-WAY ACQUISITION sy� AREA - 916.2 SO. METERS (9,862 SQUARE FEET) P.O.B. POINT OF BEGINNING -F-F-FT-F-7 \ ACCESS PROHIBITED � COUNTY OF RIVERSIDE PAR, NO. : 20559-1 DISTANCES ARE IN METERS UNLESS PREPARED BY: KA/MH OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. GATE: 9-03-09 SHEET 1 OF 1 SHEET EXHIBIT C FORM OF GRANT DEED RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 GRANT DEED APN: 666.370-023 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON, hereinafter called "Grantor" hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantors remaining property in and to said freeway. The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for ROW: 1-10 and Indian Interchange the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: GRANTOR: HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON By: Henry Olivier By: Ileana Viscal-Olivier ROW: 1.10 and Indian Interchange ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal ROW: 1-10 and Indian Interchange EXHIBIT "A" INDIAN AVENUE RIGHT-OF-WAY ACQUISITION PARCEL 20559-1 THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C"OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY; (1)THENCE ALONG THE WESTERLY LINE OF SAID LOT "C" S.00°24'04"W., 13.685 METERS TO THE SOUTHWESTERLY CORNER OF SAID LOT"C" BEING A POINT ON THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 12, 1966 AS INSTRUMENT NO, 3948, OFFICIAL RECORDS OF SAID COUNTY; (2)THENCE ALONG SAID NORTHEASTERLY LINE N.45°03'24"W., 98,727 METERS, (3)THENCE LEAVING SAID NORTHEASTERLY LINE N.44°56'36T., 9.754 METERS TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86-171822, OFFICIAL RECORDS OF SAID COUNTY; (4)THENCE ALONG SAID NORTHEASTERLY LINE GRANTED TO THE COUNTY OF RIVERSIDE S.45003'24"E., 89.128 METERS TO THE POINT OF BEGINNING. CONTAINING 916.2 SQ. METERS, 9,862 SQUARE FEET, MORE OR LESS. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY, OVER AND ACROSS COURSE (4) HEREINABOVE DESCRIBED SEE EXHIBIT'W 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 1.00002594 TO OBTAIN GROUND DISTANCES. 9 o ANO MICHA A�ENER,LS73P54 w .l 9�0 /ATED EXP. 12-31-09 + p 12131/09p N0.7354 Q THIS DOCUMENT REVIEWED B"Y N9T E� RIVERSIDE COUNTY SuRV lJrt, FOF CAG�Fo BY., ` DATE:_ `?-^4c- Page 1 of 1 P0rs, w -1/2 EXHIBIT " B „ RIGHT—OF—WAY ACQUISITION T, 3 J, lri, if El, r THIS DOCUMENT RMEVVED BY P?VERSIDE COUNTY SURVEYOR. BY., ya,141� . DATE: APN 666-370-023 CD 1 NE'LY LINE OF DEED TO L \ THE COUNTY OF RIVERSIDE C.CI \ REC. JULY 22. 1986 AS \ DOC. NO. 86-171822 O.R. m y y ray r LL 5P� NCLY UNE OF DEED TO STATE OF REC.J CALIFORNIA AN. 12, 1966 AS PARML i Ff INSTR. NO. 3948 O.R. 20559-1 Y kF $y�O %,AANO 3URL oi.89�? F P.O.B. MOST WLY S COR. LOT "C" * EXP. 3 DEC * q ��1yy r�'S 1� 9�AS v8�2, ���o PER 9 134/ wp ((���Y �-•88-8 sTq No. 735k �'�SJ�`'AO� �'�a✓7 '>i 68iS'��y f or CAG1F� ypF ro LEGEND °? tip RIGHT-OF-WAY ACQUISITION AREA = 916.2 SQ. METERS (9,862 SQUARE FEET) 6ryk\F F P.O.B. POINT OF BEGINNING TT7TTTT ACCESS PROHIBITED \\ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. 20559-1 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. GATE: 9-03-09 SHEET 1 OF 1 SHEET EXHIBIT D CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed from Grantor, dated , 20_, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the day of , 20 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20 ROW: 1-10 and Indian Interchange EXHIBIT E DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by f - rzy I-I v r2nk( �LCA R IS cAL — dLt ✓I ^ (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor; A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is 6 07-3 v 13 C. The Transferor's address is 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in S/4,d AINv County, State ofC ALi V-oAti'A on doyorn h�r j. 29a �] Transferor: HEn/ dz`( DGiUIcIL uNd ] I-UAn/A V1.4Q4L _ 6LiV1E72_ Title: �W niE/2 S Gdocumant Recorded RECORDING R1=ElCIESIEb BY: I on as No.4t29A-A j ORANGE COAST TITLE COMPANY has not been Compared With original. WHEN RECORDED MAIL TO, CaTY CLERK RIVERSIDE COUNTY CALIFORNIA CITY OF PALM SPRINGS 3200 r_. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 S R LJ PAGE SIZE CA I MISC LONG RPP COPY M A 495 426 PCO�R N DR SMF NCHG ExAM L T: CTY uNf THIS TRANSFER IS EXEMPT FROM EXEMPT FROM REcamiNG CHARGES DOCUMENTARY TRANSFER TAX TINDER GOVERNMENT CODE §61.03 PURSUANT TO REVENUE &TAXATION CODE § 31922 I APN: 666.370-006 TRA- 061.105 ESCROW NO. 212935 .2795 ORDER NO. 140-88378-1-66 t i GRANT OF EASEMENT DEED (Title of Document) i i i i I i i I I RECORDING RFQUESTED BY Stewart Title . WHEN RECORDEC RETUrRN TQ; Attn: Jamee Thompson City Clerk i CITY OF PALM Sl-RIN(�S 320D c. 7ahquitz Canyon Way j Palm Springs, CA 92262 I 12,425\010B091001PG\COjw SPACE ABOVE THIS LINE FOR RECORDER'S UsE Gxempttrmti recording changes under Government Cade § C103 GRANT CIF EASEMENT DEED APN: 66B-370-006 This 7anzfer is exempt fmm Documen ary Transfer Tax pursuant Co Revenue&Taxatipn Code g 1 7g22. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FARZANEH ROMAN, TRUSTEE OF THE FAP.ZANEH ROMAN LIVING TRUST DATED MARCH 20, 2007 AS TO 26% INTEREST; DON KRONSBERG AND BRENDA KRONSBERG, TRUSTEES OF THE KRONSBERG FAMILY TRUST DATED FEBRUARY 2B, 1983 AS TO 20% INTEREST; MARGO ROSEN, TRUSTEE OF THE MARGO ROSEN TRUST DATED JULY 14, 1993 AS TO 20% INTEREST; MARY ANN THEISEN, TRUSTEE OF THE WAYBREEN TRUST DATED OCTOBER 10, 1994 AS TO 15% INTEREST; MIKE METZ AND SUSAN KENNINGTON CO-TRUSTEES, HASKELL METZ ESTATE AS TO 15% INTEREST; GREGORY ROMAN AS TO 4% INTEREST, ALL AS TENANTS IN COMMON, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, Fri easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property In the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and I incorporated herein by this reference. ROW: 1-10 and Indian Interchange TOGETHER with: 1. All tenements, heredltaments and appurtenances, including easements and water rights, if any, thereto beionging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All r,ehts, title, and interests of Seiler in and under all covenants, i conditions, restrictions, reservations, easements, and other matters of record, Including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record, . SAID GRANT BEING FUR71HER SUBJECT To: i1- General and special real property taxes for the current fiscal year and all iater years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. iDate: ^ The Waybreen Trust Dated October 1D, The Farzaneh Roman Living Trust Dated �y 1994 March 20, 2DD7 By: By: Mary Ann Theisen, Trustee Farzaneh Roman, Trustee � 1 The Haskell Metz Estate The Kronsberg Family Trust Dated CS _ February 2B, 1983 CZ By: Mike Metz, Co-Trustee By: Don Kronsberg, Trustee i3y: � Susan Ke "In ton, C:TluslLae BY . Brenda Kronsberg, Trustee Gregory R ea The Margo Rosen Trust Dated July 14, Fay: 1993 Gregory Roman By; SIGNED W COUNTERPART Margo Rosen,Trustee I, I 1 r,_ i i ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF vI@5 ) I i On 200q befcre me, Notary Public, I personally appeared �Za�.CX 12,er)VA ur d Pdr Zu Ii)eln '-QM 4i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lz/are subscribed to the within instrument and acknowledged to me that henh.*e/they executed the same In h e%--r/their authorized capacity(ies), and that by hi5/hi:r/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 Statc. of California that the foregoing paragraph is true and correct. ULIAN PUOJOWIBOWO WITNESS y hand and official seal. ComM,CM2ose a 9 NDTAKY PUBLIC•CALICORNA . Y L05 ANGELES C004 Comm.Exp.JAN.23,2053 iSignature tr My Commission Expires: This area for offlcia/notarial seat I i 4 I 1 I I I i - TOGETHER with: 1. .AII tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues cr profits thereof; and 2. AII rights, tide, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all l later years. I 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. I 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date, The Waybr-een Trust dated Cctobw 10, The Farzaheh Roman Living Trust Dated 1994 March 20, 2007 By: By: Mary Ann Theisen, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated By February 28, 1983 Mike Metz, Co-Tn:stee _ By _ Don Kronsberg, Trustee By Susan Kennington, Co-Trustee By: Gregory Roman ci Brenda Kronsberg, Trustee � By: The Margo Rosen Trust Dated July 14, 1993 Gregory Roman W By: P�VI d�iLGd c t MaNROS Trustee i i I I i f _ 1 • 1 ACKNOWLEDGEMENT S ; ATE OF CALIFORNIA ) • / ) ss. COUNTYOF. '%r`� On / �rw �• � c � before ��'7�� L&-z Notary Public, personally appeared ( r c' Jam."7 who proved to me on the basis of-satisfactory evidence to be the person(e, whose name() is/af-e subscribed to the within instrument and acknowledged to me that be/she/tllmy executed the same in Its/her/ it authorized capaclty(Lk), and that by FN/herlfteir signatures on the instrument the person(?-), or the entity upon behalf of which the person(r,)'acted, executed the instrument. I certify under PENALTY OF PrRJIJRY 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:( ,.jrj- L/ This area for offroial noterfal seal I I LIHDA HERZ c Commlrsloil rk 1a19690 Notary VU011c•caglorala Los Angalas County M Comm,Expires Oct 25,2012~ 1 I I I iTOGETHFR with 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues ar profits thereof,, and i2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING rFURTHER SUBJECT TO: veneral and special real property taxes for the current fiscal year and all later years. I 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: Z of The Wa Jar e Trust ed October 10, The Farzaneh Roman Living Trust Dated 1994� March 20, 2007 BY` By: Mary Ann en, Trustee Farzaneh Roman, Trustee The Haskell Metz Estate The Kronsberg Family Trust Dated By: FebrFebruary28, 1983 Mike Metz, Co-Trustee By: H Y: Don Kronsberg, Trustee Susan Kennington, Cr Tnastee By: Gregory Roman Brenda Kronsberg, Trustee BY The Margo Rosen Trust Dated July 14, 1993 1 Gregory Raman By: � BY� Margo Rosen, Trustee i i i I i ACKNOWLEDGEMENT j i STATE OF CALIFORNIA y � ss. COUNTY OF �rGr I Ona ap b fore me, v fie. f olne.l�� Notary Publio, personally pea re d (c, Aylf'� 71,P;se A who proved to me on the basis of satisfactory evidence to bo tha person whose name' is/Xe subscribed to the within instrument and acknowledged to me that she/tly executed the same in ffis/herithp authorized capacity(ic and that by h' ./herif er 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 official seal. m MC7EL5 COMM...1751296 NOTARY PUBUC•CALIFOPNI AC,I 1 ORANGE COUNTY Ll 5igna ure A4y TdrM&yR,JunA iA,R011 My Commission Expires: This area for official notarial sea( I i i i I i i i i I . .... ............... . TOGETHER with: 1. All tenements, haredttamerts and appurtenances, Including easements and water rights, if any, thereto oelonging or appertaining, and any reversions, remaindey-$, renis, issues or profits thereof, and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions,, reservations, easements, and other matters of record, 'nClUd'n9T without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAM GRANT BEING FURTHER SUBJECT TO: I Garlerat and special real property taxes for the current fiscal year and all later years. 2. All assessments im,Do,5ed by a duly empowered governmental entity, whether or not of record. 3- Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral r estate), rights, and rights of way of record. Date: The Waybreen Trust Dated October 10, The Farzaneh Roman Living Trust Dated 1994 March 20, 2D07 By: to By-- Mary Ann Theisen, Trustee Fai-zaneh Roman, Trustee The Haskell Metz Estaie The Kronsberg Family Trust Dated F bruary 28, 1983 )ruar' 4 By: Mike Met, Co-Trustee Ry:-I�;�6r rons rust :5:( siderg ust DQ K n By: I Susan Kennington, Co-Trustee By: as renda Kronsbe4 Trustee/ Gregory Roman za The Margo Rosen Trust Dated July 14, By: 1993 Gregory Ro;-nan By: Margo Rosen,Trustee ---- ----------- ............. ACKNOWLEDGEMENT S-I ATE OF GALIFORNIA ) SS. COUNTY OF t On Public, personallywho -nrc?v name(s)e to be the persons) whose -Ialar /they r/their executed i(rh the sign persons) 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 weal- L Los A1195101 County nm A 2G12 Signature My Commission Expires: QNL This area far official notarial seal TOGETHER wiih: 1; All tenements, hereJitaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all r!gnts as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GPANIT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. I 1 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Da'•e' The Waybrean Trust Hated October 10, The Falzaneh Roman Living Trust Dated 1994 March 2D, 2007 By By ! Mary Ann Theisen, Trustee Farzaneh Roman, Trustee I " The Haskell Metz Estate The Kronsberg Family Trust Dated B February 28, 1983 Y Mike Co-T ru tee -- -µ By. ap /' Don Kronsberg, Trustee By: u ++ usan Kanningion, C. ustae By: Gregory Roman Brenda Kronsberg, Trustee The Margo Rosen Trust Dated July 14, By 1993 Gregory Roman By: .... Margo Rosen, Trustee t;P-E AT TACHED FOR N MARY,, j I I - _) I ACKNOWLEDGEMENT ,I STATE OF CALIFORNIA ) COUNTY OF On j c�i, a20s before me. __� Notary Public, person Ily appeared �„ r1vc2 �u �y _ who proved to me on the basis of satisfactory t-idence to be the personowhose, name(sj re subscribed to the within instrument and acknowledg m ed to e that h l%mel, he ,e'executed the same in bWber authorized capacity, and that by FfiS/tvs j signatures �on the instrument the persor , or the entity upon behalf of which the person(.acted, executed the instrument. I 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. D. L. WITH COMM-1814206 ❑ (� D NOTARY PIIBI.IC-f:ALIFOFR•'U -1 (p OEiANQECOIINTY W My Tsrm EKp.Sept.20,2072 Signature My Commission Expires: -,Le) c]"-�-- This area for official notarial seal i I I it I i I I I EXHIBIT„A" INDIAN AVENUE PUBLIC ROAD AND UTILITY BASEMENT PARCEL 00-1 THAT PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOL"TH, RANGE 4 EAST,SAN BERNARDINO MERIDLAN, IN THE COUNTY DF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT DK SAID LAND APPROVED BY THE SURVEYOR GENERAL FE5RUARY 29, 1856.MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHERLY MOST 00 RNER OF LOT'C'OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89INCLUSIVE OF PARCEL MAPS, IN THE COUNTY Or RIVERSIDE, STATE OF CALIFORNIA,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENGE ALONG THE NORTHEASTERLY LINE OF T HAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT ND. 86- 171822, OF OFFICIAL RECORDS N.45°03'24'W., 117.064 METERS TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1054 AS DOCUMENT NO, 104185, OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCEALDNG SAID EASTERLY LINE S-00°20'354W., 12,331 METERS TO THE MOST SOUTHERLY CORNER OF SAID PROPERTY,SAID CORNER BEING ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED AS PARCEL'A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955AS DOCUMENT NO,66635, OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A 45.724 METER RADIUS,A RADIAL LINE FROM SAID POINT BEARS 8.89°3633'E.; THENCE NORTHERLY ALONG THE SOUTHWESTERLY LINE OF SAID SHELL OIL COMPANY DEED AND ALONG SAID CURVE TO THE.LEFT,THROUGH A CENTRAL ANGLE OF 4161825%AN ARC LENGTH OF 32.965 METERS; THENCE LEAVING SAID SOUTHWESTERLY LIN E N.89°56'20'E., 11.352 METERS TO THE EASTERLY LINE OF SAID SHELL 011 COMPANY DEED; THENCE ALONG SAID EASTERLY"LINE S.00o20'35'W., 17.934 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 1082 SQ.METERS, 1,164.3 SQUARE FEET,MORE OR LESS- SEE EXHMIT'B'ATTACHED AND BY THIS REFERENCE MADE PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEIA OF 1983,ZONE 6,MULTIPLY DISTANCES SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES, A. Q BAN D sU � cw�.,�--� 7• r G•oq � M{CHAEL A.HAVENER, PLS 7354 DATE Fxry lmV EXP. 12-31-99 v, Na7354 �¢- THiS I]Ji�Ui'r T REVIEWED RY RrVEPS'.PbE COUNTY SURVEYOP, O BYt z �L. page 1 of 1 DATE- 5� a EXHIBIT " B " PUBLIC ROAD AND UTILITY EASEEAENT LEGFNG PUBLIC ROAD AND UTILITY EASS.IENT Ep LAND SG AREA - 1061 SO. M. 'QL (1,164.1 SQUARE FEED EXP. 31 DEC 09 s�T p 7 5a��� F IF 00, 1- APN 666--370-006 Z =IDA It I , z GLC,. J4 Z L'AYJJ�/JJ R/W IJNE PER DEED REC. 8/02/3z IN 9K. 86, PG, 92 C.R. .�BOUNDARY OF PAR. 'A" PER PAR, j DEED REC. 10/18/55 IN IN BK. 1808, PG, 127 O.R. SED ML "A" 20T (CS MAP 204-4II4) 1hk�� I'S A'T COUNTY OF RIVERSIDE PAR. NO. : CO-1 DISTANCES ARE IN METERS UNLESS MH OTHERWSE NOTED. MULTIPLY DISTANCES PREPARED SY: KA I BY 1 00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. i DATE:7-16--D9 SHEET I of 2 SH6ET5 I t - i EXHIBIT " B " PUBLIC ROAD AND Ul1LITY EASEMENT N B9'58,20" —NEW R/W it.352 m 611 i APN 665-370-006 PARCEL �r x v �� o w q NVLY UNE OF DEED TO LQ 1' THE COUNTY OF RIVERSIDE 1 S'LY CDR. OF PROPERTY �• JULY 22, 1986 AS ! 3 DOC. NO. 86-171822 O.R. DESCRIBED IN OEM TO M C SHELL OIL CO. REC. b , AUGUST 25, 1964 AS s#y ;-- OOG. NO. 104165 O.R. S 8936'V E (R) \ h S 00'20135" W 1.369 m P.O,C. j NE'LY LINE OF DEED TO �\\ MOST T C L PER OR. STA1E Or CALIFORNIA INST 12, 1966 AS ,c� ` \� /PM 134f8$-89 INSTR. NO N0. 3946 O.R. I q. DETAIL "A" \ LEGEND NOT To SCALE PUBLIC ROAD AIVU UTILITY.EASEMENT \ P AREA = 108.2 5O, K \ a (1,164.3 SQUARE FEET) j P.O.C. POINT OF COWMENCETviENT TRO.D, TRUE POINT OF BEGINNING \ R/W RIGHT-OF-WAY DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSME PAR. NO. : CO-1 ! OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY I'00002594 TO OBTAIN GROUND PROJECT: i-IO/INDIAN AVENUE INTERCHANG; SCALE; NOT TO SCALE DISTANCES, DAiE 7-16-09 5HF.E� 2 OF 25i Eci5 i f giTO �\ rERIS 71f✓f ffflLi LT 20kh AtlEWE 1G.].. - _. F.•3 EXHIBIT 111-111 (-4 SAWCUf & MATCH,-, L - > EXIST PAVEMENT N EW\#AL NEW CURB & GUTTER REMOVE AND RgPLACE W NEW PAVEMENT IISAWCUT & MATCH 3:-EXIST. PAVEMENT NEW C&G AND S/ NEW S NEW S/W UNDER DRAIN - - - - - - - - - - - - REMOVE AND RECONSTRUCT C&G AND WALL T�IN \NEW WALL FOR (bVC.',DRAIN 01 DESIGN SY; SCALE: FILE NO.; SHELL STATION DRIVEWAY PUP NTS CP 00-14 CLOSURE EXHIBIT CHECKED BY: DATE SHEET NO- 10/29/90 1 OF 1 Stewart Title of California, Inc Ce�tlr�xl9 i� r*E 2010 Main Strect, Suite 250 —title of californla, ine. Irvine,CA 92614 (949)476.0771 Phone (714)242-9986 fay To Stewart Title of California,Inc. Date December 1,2009 Escrow Officer Grace Kim Escrow Number 269200 Prmperty Address APN 666-310-023 (Parlinn) Palm Springs, California 92258 CONTRACT AGREEMENT ESCROW INSTRUCTIONS srravutTTiTLE of cAWORMn,lac:: rs uarvsen nrrnssinkofeaLWORNL\uxerntheor:rnnTme+vrmF iMsuirnva:r:ccINsr w, HR The undersigned has causal to be handed you a duly executed copy of that certain Right of Entry and Temporary Construction Easement Agreement, hereinafter referred to as the "Agreement" by and between, Henry Olivier, licana Viscal Oliver, as Seller and City of Palm Springs, a municipal corporation, as Buyer. Each party will hand you any instructions. documents and/or finds necessary on his or her behalf to enable you to comply with said "Agreement". Said `Agreement" shall constitute escrow instructions which Stewart Title Company of California, Inc„ as F.iscrow Holder, is instructed to use, alone with any additional mutual instructions required to close this transaction. Escrow Holder is only to be concerned with the conditions and/or payments and/or documents commonly under the control of or mode or delivered through an Escrow [-folder. The following are for clarification purpose only, and the pai ties hereto agree to be bound by same as far as the escrow is concerned. The intent of the following instructions is not to modify the agreemeni,only clarify Escrow Holder's duties: Purchase Price for Acquisition: $395,438.00 11,emporary Construction Easement: $ 4,312.00 Escrow Holder is authorized and instructed to obtain beneficiary statements and/or Partial Release/ demands on any inatter of record required to place title in the condition called for pursuant to these instructions. Escrow Holder is authorized and instructed to charge buyer, at the close of escrow, with the costs as provided for in the "Agreement" and as per the estimated closing statement to be approved prior to the close of escrow, Each parry signing those instructions has read, understands, and accepts the General Provisions attached hereto as Exhibit"I" Scl ler(s): -Ienr}'Olivictw • r_.. Ileana Viscal Oliver Buyer(s): Ciq•OF PM11) Spt'ittgs,a municipal cnrporntion ATTEST: l), Na U//A Its: e: �61,Y'GGI.S Le,lr Its: �t, Dlr. u. 1��. hlurlr,L ;;iXty Clerk ppPROVED gYCITf COUNCIL eg EXHIBIT 1 GENERAL PROVISIONS I. DEPOSIT OP FUNDS,OPPORTUNITY'r0 DARN INTEREST AND PRORATIONS All funds received in this escrow shall he deposited with other escrow funds into one at, more non-interest bearing; escrow accounts at a financial institution soler"ted by Escrow Agent. Escrow Agent shall not be responsible and shall have no liability for any delay in closing this escrow IF the funds deposited arc not available for inrntediate withdrawal as a master of right pursuant to California Insurance Code Section 12413.1 at. seq. Funds deposited in the Financial institution are insured only to the limit provided by the Federal Deposit Insurance Corporation. Escrow Holder shall not be held responsible for loss of any antnunl over the FDIC insured limit due to bang: failure or Far lost interest due to wire delays caused by any hank at- the Federal Reserve System, and recommends that all parties make themselves aware of banking repufatlons with regards to placement oFwires. You have the opportunity to east interest on the funds you deposit with us by instructing us to deposit your funds in an interest bearing account. (You do not have an opportunity to earn interest on any Funds deposited by a lender) If you elect to eaa'n interest. there is an additional fee in the mrtaunl of S50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may CxCCed the acuml interest you earn. Should you not elect to earn interest on your deposit, your funds will he deposited in our General Cscrow Account at a financial institution insured by the FDIC. This is a non-interest henring account; IRPNL'`yer', Stewart"Title of Califor iia. Inc, nlay receive certain financial benefits From that financial institution because of the General Escrow Account and its on-going, banking relationship. These benefits way include, without limitation, credits allowed by such financial institution on loans to Stewarl Title or California, Inc. and earnings on Investments made with the proceeds of such loans, accounting, reporting and other services and Products of such financial instiultidn. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Stewart Title of California. Inc.. Any such benefits shall be deemed additional cantpensutiuit or SlewmL Title of California, Inc. for its service.; in connection with the escrow- All prorations and/or adjuslmcnts called for in this escrow shall be made On the basis of a 3o day month or 160 day year, unless oth mice instructed in writing. Proration of real property taxes including supplemental real property larxes, will be mule on the basis of the latest available figures provided to Escrow Holder. The phrase close of escrow(COE)as used herein means the date on which instrunsenmidocumenis are recorded. Disbursenten[s from this escrow will be made by rhedo of Ewrow Holder, Unless Otherwise InstruUted In w'Yn'dtm, checks will be issued jointly to the parties designated as payees. Signatures (incleding initials) of principals or their duly authorized agents on any documeiuslinstrwnem and/or instruction pertaining ro this escrow indicate approval of saute. ?. SPECIAL RECORDINGS Via"SPECIAL RECORDING"is arrat7god and completed, meaning recording the documents called for in this escru}v,at any lime other than the standard recording tine for title companies, then all parties hereto represent and warrant that daring the period of time between the standard recording time and ilia time the documents are acatally recarded pursuant to the "SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the title whether involuntary or voluntary,of any kind or nature wili attach to ar be recorded against the subject property,nor will tilt subject property ire otherwise transferred or conveyed. All parties hereby expressly agree to indemnify and hold Escrow Holder harmless From all claims, losses or damages and attarney's Tees resulting Frain any Such addidoual liens,encumbrances, exceptions to title,traa,sicrs or conveyances. 3. Al1THORI'LA7ION TO DELIVCR If it is necessary, proper or convenient for the consummation of this escrow, Escrow Holder is authorized to deposit ar have deposited funds or documents, or both, handed to Escrow Holder under these escrow instructions with any duly authorized still-escrow agent, including, but not limited to, any bank, trust company, title insurance company, tide Pakc 3 of 8 company,savings and loan association,or licensed escrow agent,at of before close of escrow in connection with closing this escrow. Any Such deposit shall be deemed 'a deposit under the meaning of these escrow instructions. 4. AUTHORILATIONTO FURNISH COPIES Furnishing copies ofanylull escrow insu'uclious, umendmcnts, supplements, preliminary reports, notices orcancellalion and closing statements in this escrow to the real estate brukcr(s), lenders and/or attorney's representing principals to this escrow is authorized. Escrow holder shall um incur any liability le the parties for delivery of said copies. >. TIMGAND WRITTEN NOTIFICATION I"ime k of The essence. hi The event the conditions of this escrow have not been complied with at the expiration of the time provided for herein you are permitted, though not required, to complete the slung at the earliest possible date tbereartei. No notice, denlnnd or change of instructions shall be of any effect to alter, amend, supplement, ur vary the terms of these instructions unless given in writing and signed by all ponies affected thereby. 6. CANCELLATION PROVISIONS Any principal instructin, E?Scrow Fielder to cancel escrow shall file notice of cancellation in Escrow Holder's office in writing and so state the reason fur cancellation. Upon receipt of same, [sorow Holder shell prepare cancellation instructions for signatures of the principals and shall forward same to the principals. Upon receipt.of mutually agreeable cancellation hiso'uctions signed by @II principals and alter payment or ESN'ew Holder's cancellation charges, Escrow Holder is authorized to comply with such instructions and cancel the escrow. 7. ACTION IN INTERPL,EADER OR OTHER COURT OR LEGAL PROCEEDINGS The principals hereto expressly agree that Escrow Holder has Tile absolute right, to its election, to file an action in inlerplendar requiring the,principals to answer and litigate their several claims and rights among themselves;and Escrow Holder is authorized to deposit with the eleu:k of the court, Till documents, instruments and funds held in escrow. In the 'event such action is filed, the principals ,jointly and scvciaily agree to pay Escrow Molder's cancellation charges and costs, o.xpenses and reasonable attorney's fees it is required in expend or incur ra such intcrpleoder action, the ameiml thereof to be fixed and judgment therefore to be rendered by the court. Upon Filing of such action, Escrow Mulder is thereupon fully released and discliaraed from all obligations to further perform any duties or obligations othervise imposrd by the Terris of this escrow. A. PERSONAL PROPERTY'FAX Escrow Holder is not responsible for any pesonal property tux which may be assessed to any former owner of the. Property [lint is the subject of this escrow, nor for the corporation or license tnx of any corporation as a former owner. 140 examination or insurance as to the amount orpavnlent of personal taxes is required unless specifically requested. I. I,1a411'A I ION ON DUTY TO INFORM It is agreed by the panes hereto,that so f,r as L'scrow Holder's rights atilt liahilitieS are involved, the tnusaction is an escrow and lint any other legal relation and Ste.n;trt Title of Califurain, inc. is an [scrow holder only oil The within expressed terms, and Escrow Holder shall have nu responsibility for notifying any of the parties of this escrow of❑n), sale, resale, loan, exchmrge of Other transaction involving any property hereln described or of the profit realized by any person, firm or corporation (broker, agent and parties to this andlor Other escrow included), in cNtneeUoo therewith, regardless of the fact that such transaction(s)may be handled concurrently by Escrow Holder in this escrow or in another escrow. 10. LEGALADVICE -I"lie parties acknowledge and understand that Escrow I-fonder is not authorized to practice law,nor give fnuri6al advice. The parties are hereby advised to seek legal and financial counsel and advice concerning the effecl of Ihase cscrpw insiruulions. The parties acknowledge dot no representations are made by Escrow Holder about the legal sufficiency, legal consequences, financial effect or tax consequences of the within escrow instuctions. l I. DISCLOSURE OF CONDO IONS PRECEDENT The parties to this ®serow, by execution Ilierevi; acknowledge thch duty to Escrow Holder of fill disclosure of those matters, which shall effect the transfer of subject property and cortditiuns of title(inclusive of real personal and intangible property, which matters may resuh in a lien against subject property). Disclosure shill include,but not limited to! water, stock, owners association or maintenance dues, contractual obligations not automatically tenninatcd upon sale, notes. deeds of trust and vcucfm S lions. 12. STATEfFEDERAL CODE NOTIFICATION u.,.,.n.,s,, .nueax.ni�«,.�i.n Page A of 8 According to Federal law, the Sellcr(s), when applicable, will be required to complete a 1099-S Wurksheat that will be utilized to generale.a 1099 reporting statement to the Internal Revenue Service. You are released from and shall have no liability, obligations or responsibility with respect to (n) withholding of funds Pursuant to Section 1,143 of the Internal Revenue Cudu of 1984,"Poroign Investors in Real Property Act"(FIRPTA),ns amended(b)advising of requirements,(c) determining whether the seller is a foreign person, under such Section, or (d) obtaining a non-foreign affidavit or other exemption from wihlihoiding under such Section nor othenvise mokirnJ any inquiry concerning compliance with such Section by any party to this transaction. 1N ACCORDANCE WITH SECTION 18662 AND 18668 OF TFIE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD ANY AMOUN"f EQUAL TO 3-113 PERCENT OF TFIF SAL-7-5 PRICE IN THE CAST OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INl"ERES 1,BY EITHER: 1) A SELLER WHO IS AN INDIVIDUAL OR DISBURSEMENT INSTRUCTIONS AUTHORIZED THE PROCF..EDS'TO BE SENT TO A FINANCIAL INTERMEDIARY OF TI-IE SELLER,OR 2) A CORPORA IL SELLER THAT HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. FOR FAILURE TO W11I-IHOLD, THE 13UYFR MAY BECOME SUBJECT TO PENALTY EQUAL TO T14E GREATER OF 10 PERCENT OF THE AMOUN"f REQUiRED TO BE WITHHf LD OR FIVE IIUNDRED DOLLARS (Si00,00). HOWEVER, NO'TW11'I4S'FANDING ANY OTHER PROVISION INCLUDED IN 1-11E CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR RR S113JI=CT TO PENALTY FOR FAILURE TO WITHHOLD IF? i) THE SALES PRICE OF ITIF CAI,[FORNIA REAL PROPERTY CONVEYED DOES NOT EXCLED ONE IIUNDRED THOUSAND DOLLARS ($100,000,00), OR 2) THE SFI...L.ER EXLCU"IES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CEltll hl'1N0 THAT THE; SELLER IS A CORPORATION WITH A PERMANENT PLACE OF BUSINESS IN CALIFORNIA,OR 3) TFIC SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE UNDER THE PENALTY OF PERJURY,OF ANY OF THE FOLLOWIN0: A) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(WITHIN THE MEANING OF SECTION 121 OF THE INTERNAL REVENUE CODE). B) THAT'THE CALIFORNIA REAL PROPERTY BLIND CONVEYED IS OR WILL, BE EXCHANGED FOR PROPERTY OF LIKE KIND (WITHIN THE MEANING OF SECTION 1031 OF THE INTERNAL REVENUE CODE),BUT ONLY TO THE EXTENT CF'THE AMOUNT OF GAIN NOT RE--QUIRED TO RF RECOGN[ZED FOR CALIFORN[A INCOME,TAX PURPOSES. C) THAT THE CALIFORNIA REAL. PROPERTY HAS BEEN COMPULSORILY OR INVOLUNTARILY CONVERTED (WITHIN THE ML'ANJNG OF SECIIQNI 1033 OF THE INTERNAL REVENUE CODE) AND THAT THE SRI,I..FR INTENDS TO ACQUIRE PROPERTY SIMILAR OR RELATED IN SERVICE-. OR USE SO AS 'I'D BE ELIGIBLE FOR NONRECOGNITION OF GAIN FOR CALIFOIZNLA INCOME TAX PURPOSES, D) TI-TAT THE CALIFORNIA REAL PROPERTY TRANSACTION WILL RESULT IN A LOSS FOR CALIFORNIA INCOME TAX PURPOSES THE SELLER IS SURIECT "I-0 PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. 13, NO ACTIVITY If there is 'in written activity by a principal to this escrow within any .5k-wonlh period after the time limit date as set forth, in the escrow iust'uctlors or written cxlension thereof, Escrow Holder's obligation shall terminate at Escrow I folder's option. All documents, moaies or other items deposited hrith L-scrnw l lulder}hall be returned to the respective parties entitled thereto, Icss fees and changes herein provided. 14, CAPTIONS AND COUNTERPARTS Captions in these escrow instructions:Ire inserted for convenience of reference only and do nut define, describe or limit the scope of the intent of these instructions or any of the terns hereof, These instructions may be cxccuied in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original,and said counterparts together shah constitute one and the same instrument. I'I:,oe M1uvIW,'..,tan.Cd.ua.l a„a,n.nu.m,n dx Plgc 5' 8 15. BINDING (. All terms of these esernw instructions shall be binding upon, inure to the benefit and be enforceable by the partic5 hereto and there respeclivr legal repre5entativcs,successors rind assigns. In the event any term; covenant, condition, provision or agreement herein contained is held to be invalid of void by any court Of competent jurisdiction, the invalidity of anv such term, covenant, condiliun, provision or agreement shall in no way nffeel tiny other tenn, covenant, condition, provision or agreement Ilurcin contained, 16. USURY Escrow Flolder is not to be concerned with any question of usury in any loan or encundxance involved in the processing of ibis escrow and i5 hereby released of any liability un•esl>Onsibility therefore. 17, CONPLI('TING DEMANDSIIN'TRRI7LBADIiR No notice, demund or change of iustmctions shall be of any effect in this escrow unless given in writing by all parties affected thereby. 1f conflicting demands are made In connection with this escrow, Escrow Holder shall have the absohde right to either withhold and stop all proceedings, or file suit in the iriteipleader and obtnio an order from the court requiring the parties w ifilerplead their several claims and rights anmongst themselves. 18, FAC51MILE AND ELECTRONIC MAIL All parties acknowledge that documents and instructions may he transmitted via facsimile(FAX)andlor electronic mail(e-nulil). In the event the principals of this transaction,their agents,or assigns, utilize "facsimile (FAX)"transmitted instructions, Escrow Holder may rely and act upon such instructions in the same n7anner as if original signed instructions were in the possession Ol C'.scrow Holdcr. 19. DISCRETIONABy'TERMINATION At the sole discretion of Escrow Holder, Escrow Holder may elect to terminate its escrow rclaiOnslnip With the principals o the asaow. Funds and documenis will be returned upon nnutual instructions of the appropriate panics. 20. PURCHASE AGREEMENT If mty form of Purchase agreement or amendment or supplement(catlectivcly"purchase A�reemenl") is dopusited to this ' escrow, it is uhdcrslood that such document shall be efrective only as between the parties signing the Purchase Agreement. Escrow Holdcr's only duly is to comply with the in^trtctlons set forth in the escrow instructions and shall not be responsible for interpreting or acting on tiny provision of any Purchase Agreet+enl on which these escrow instructions may be based. Escrow Holder shall cot rely on any knowledge or understanding Escrow Holder may havf e o any such Purchase Agreenleui in ascertaining or porfonnim" tine duties of Escrow Holder. In connection with any loan transaction, Escrow Holder is authorized to deliver a Copy of any purchase agreement and a copy of all escrow instruclions,supplements Or amandunents to the Lcnder. 11. ENVIRONMENTALDISCLOSURE Notwithstanding any actual or Other knowledge on the part of Escrow Bolder, the parties agree to release Escrow Holder froul any and all liability of any hind or nature and to indemnify Escrow}folder orally loss,damages,eta ims,judgments or costs Orally kind or nature resulting front or related to the release or discharge of huzafdous or toxic wastes un time subject property Whether it occurred In the past on presenl or may Occur in the future which release at, discharge is in violation of law, in excess of any state and federal standards,permit requirements and/or disclosure requirements existing al. (his time or which may exist Ol it future lima. The parties represent that they made their tnvn assessment of the condition of the subject property and have not relied on any of your represemations in making the assessment. The parties are advised to seek indopcndent legal and technical environmental expert advice in assessing the risks associated With potential hairnrdous or toxic wastes. 22. ADDITIONAL DOCUMENTS HANDED TO ESCROW HOLDER Ptirtie.agree to hand Escrow Holder applicable documentation to esiablish their authority to art. "Those documents may include,but shall riot be lindted to the fallowing: 1) If an individual: Statenneutofinrormalion 2) 11 it corporation: A Corporate resolution signed by the Secretary of the corporation, authorizing the acquisition, encunnbrancing(if applicable),or sale ofllne Pried property,and designating the authorized signatories on behalf of the corporation,together with a copy of the Articles of Incorporation S•.Ey-Laws, 3) N a Trtnst copy ofthe Trust Agreement,any amendments thereto andlor a Ceniticnte of Trust. ImDltc 6 nl'll 4) If a General partnership: An original Statement of Pannership, in recordable form (if not already recorded) to be recorded in the County in which the subject property is located. A copy of the partnership agrerntent is also requested. 5) ffa Limired Portncrship! The LP-1 form,certified by the Secretary of State to record (if not already recorded)in the county in which the subject property is located. A copy oflhc parmership agreement is also requested. Q If a Joint Venlurc: The requirements specified I,2,and 3 herein will be applicable as it relates no the entities which comprise the Joint Ven(urc. 7) if a Limited Liability Company (LLQ) 'file LLCI certified by the Secretary of State to record (if nol alruady recorded) in tine county in which tiro subject ptnperly is located. Tile IA.CI Must reflect an c,%piration date. One person must be named on the L.LC as managing Tile LLC, or all members nnust sign, A copy of the operating Agreement is required. The parties further acknowledge that in the event the partners of a partnership are individuals, it ma)' be required that each such partner submit a completed and execuled Statement of Information. If the principals have any questions regarding the disposition of Unclaimed Funds, in excess of S50.00, the principals Should contact the Controller or successor agency for the State of California. 23, DLSTRUCTION OF RECORDS P..serow flofder is authorized to destroy or otherwise dispose or any and all documents, papers, instrurrions. correspondence and other materials pertaining to this escrow at the expiration of seven (7)years flom the close of escrow or cancellation thereof. 24. GOOD FUNDS California Insurance Corte Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. 'file law requires that funds be deposited in the title company escrow acunmlit and available for withdrawal prior to disbursement. Ponds received via wire transfer miry be disbursed upon receipt, Funds received via cashiers checks or teller checks drawn on a California Bank stay be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or dishurserinctit may be delayed. Stewart Title of California,Inc, shall not be responsible tar accruals of interest or other charges resulting from compliance+vith the disbursement restrictions imposed by state law. If any ebeck submitted is d ishonordd upon presentment for payment,you are authorized to notify all principals and/or their respective agents of such nonpayment. 23. CHANCE IN OWNLRSHIP REPORT All parties are aware that th"preliminary Change in Ownership form" is to be filed with the office of the County Assessor upon recordation of all transfer documents involving real property. As an accommodation only, Escrow Hol&,r shalt provide accessary forms to t1w purchaser herein and in the event the completed form is deposited into escrow prior to close, Escrow Bolder shah deliver same to County Assessor concurrently with recordation of the documents being recorded in this transaction. 26, APPLICATION OF PAYOFF FUNDS Should a cheek or wire be deemed uiweeplablc by lenders, creditors, lien holders or beneficiaries of Deeds of'[lust, Escrow Holder is authorized to 4CT on our behalf in requnsTing tile funds,as well as coy halance.in mn impound account, be applied towards the balance duc. 27. INDEMNITY FOR ATTORNEY'S FEES AND COSTS In the event suit is brought by any party or parties to this escrow, including Slew,trt Tide ol'Calil'ornia. Inc„ as against each other of others, including, Stewurt Title of California, Inc. which results in a dismissal of or judgment in favor of r.;..r.i.a....,,,��..-cnu,,.,•r,.�,,.e o.wr i�ii Page 7 of R Stmail Title of Calilbinix, Ina, the parties hereto ngee to hold harmless, reimburse and indemnify Srewart Title of Calilora in,InC.,ils offlecis and employees, From any loss,expenses,Costs and attoracy's Ices incurred. THIS AGREEMENT IN ALL,PARTS APPLIES TO, INDR.ES TO THE BENEFIT OF, AND F31ND5 ALL PARTIES HERETO, THEIR }!FIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDFR INCLUDES THE FEMININE AND NEUTFR, AND THE SINGULAR NUMBER INCLUDES THE PI.AURAL. THESE INSTRUCTIONS AND ANY OTIIER AMENDMENTS MAY BF EXFCUTF..D IN ANY NUMBER OF COUNTERPARTS, t:ACH OF WHICH SHALL. 13F CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH- MYIOUR INITIAL (S) HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAOF5 AND FURTHER SIGNIFIES THAT YWE HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS, INITIAL: Lvou uy„qy,,)yYVb-CrnImT r4x�m Cwm'Inn P�)Sc R of 8 Euyer's Estimated Closing Etatenant i211n)9 1:47 PM File 2u9200 Stewart Title of California, Inc,(949) 476-0777 Buyer's Estimated Closing Statement Buyer(s) City of Palm Springs,a municipal Corporation SrllrQsj Henry Olivier Ilaalla Vocal Oliver Leitdtf Property APN 666-Va- 3 (Vci ion),Palm Springs,CA 9y259 Closing dote More Proration daLt None flank ORGUBC•Union panic of California 15-100575 Escrow Unk 2557•5C•Grace Kim Escrow Officer Grace Kim Debit Credit Contract Sales price............................................................................................... 495.4gfi Olhor Adjustments: Temperary Construction Essumenl...................................................................... 4.512.00 Title Charges: Settlement or closing fee to S(ewart Tglo of California,Inc....................................................................... 1,55aw Title Insurance to Orange Coast Title Company$1,a05,00............ ......... Owners coverage Ic Orange Coast rife Company Liability amount 5595,4H5.00............................................................................. 1,305.00 Wire prooassing fee S17 each to Stewart Title of California.Inc............................................................... 34,00 CouAeNOellvery processing fee to Stewart Title of California,Inc....,.. 20.00 Recording FeehfTransfer Charges: Recording fees;to Stewart Tige of Califon la,Inc. Release$50,W........... ...................................................... 50.00 Additional Charges' Estimated Partial Release Fee to Estimated Partial Release Fee................................. 500.00 RefundablePad to HOLD.................................................................................... ............................... W0.00 Sublolal 404,059.00 Balance due from Buyer; 404,059.00 Totals, 404,059.00 -m 404,059-00 The Parties herein have been advised that the foregoing amounts aft estimates only. We thereoia,authorize the above cap(IOned Escrow Holder to change estimated amounl5 to Mal amounts owing,fo satisfy Iha Items authorized,and In close escrow. Page 1 Ruyer's ESUMatecl Closing Stattmni 12MG9 1;47 PM File M 200 City of Flalm$prtnga,&municipal corporation TEST�.'-TEST- City Clerk � APPROVED By CITY COUNCIL Page 2 Stewart Title of California,Inc ` r° [,V� '" 2010 Win Street,Smut 250 r--- 'vino,CA 92614 L—title of oantornia, inc, I (9,19)476-0777 Phone (714)242-9886 Pax Date December I, 2009 Escrow Officer Grace Kim Escrow Number 269200 Title Order No, 140-842878-66 Property Address APN 666-370-023 (Portion), Palm Springs,CA 92258 PRELIMINARY REPORT APPROVAL The undersigned Buyer and Seller hereby acknowledge receipt of a copy of the Preliminary Report issued by Orange Coast Title. under Order No. 140.842878-66 dated June 10, 2009 and approve the legal description of subject property shown on Schedule A of the report, Buyer Approval: Buyer herein hereby approves items ~� of Schedule B or the report to be included in the Policy of Title Insurance as exceptions when written. Further, Buyer hereby acknowledges receipt and approval of the Covenants, Conditions and Restrictions, if any. I have received a copy of these instructions as evidenced by my signature below, Buyur(s): City OF Palo) Springs,a municil I corporation ATTEST: r i Lt •. Nance' A/( gAA,5 L[ r its: /�ss�. �7rr. v ( �bl c- w'1rtf1 ity Clerk Date: APPROVED BY CITY COUNCIL s J.,rn To FORM v City Ai Iq /•z J Page 1 01'1 C)nler No. 140442878.66 ORANGE COAST TITLE COMPANY —— BIJII,nI',I2 SERVICES/COMMERCIAI,DIVISION 3536 CONCOURS DRIVE#120 ONTARIO, CA 91764 UPDAT>P_ µ r1ULLTMNARYREPORT -- COUNTY OF RIVERSIDE 3133 MISSION INN AVENUE RNERSIDE,CA 92$07 )?OUR NO'; GOMPTUN PINES ATTENTION' SLIEANNASCIIATZ CRDERNO: I40.842878.66 PHONE NUMBER; (951)955.4798 PROPERTY AnDRESS! 6420020 AVENUE PALM SPRINGS,CA 92255 DATED: TUNE.16,2009 IN RESPONSE TO THE ABOVE REFFRBNCFD APPLICATION FORA POLICY OF TITLE INSURANCE, ORANGE COAST TITLE BUILDER SERVICES HEREBY REPORT'S TPIAT IT IS PREPARED TO ISSUE, OI2 CAUSE '10 BE ISSUED, AS OF THE DATE HEREOF,A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR TNTHRLST THEREIN HEREINAFTER SET FORTH,INSURING AQAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS, THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT.A A 1 CACHED. COPIES OF THL" POLICY FORMS SHOULD BIi READ. THEY ARE AVAILABLE FROM 1`1113 OFFICE, WHICH ISSUED THIS REPORT- PLEASE READ THE EXCEPTIONS SIIOIYN OR REFERR12)TO BELOW AND THE EXCEPTIONS AN1 EXCLUSIONS SET FORTH TN EXHIBIT A Or TITIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITS NOTICE OF MATTERS,WHICH ARE ,NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD Dr.CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT 1'111$ PREL51INARY REPORT IS NOT A WRITTEN IMPRE.9rNTATION AS TO THE CONDITION OF TT'I'LE AND MAY NOT LIST ALL LIENS, DEFECTS,AND I NCMIDRANCES AFFECTING TITLE TO THE LAND. THIS REPOR1 (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR 'CHE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMEn PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED, THE POLICY OR POLICIES OF TITLE INSURANC➢CONT'F.MPLATED BY TH1S REPORT WILL BE ISSIJ ED BY FIRST AMPR.ICAN TITLE INSUR-kNC2 COMPANY. DATED AS OF TUNE I0,2000 AT 7:30 A.M. TE-f FN10HNSQN 'rrf'LE OFFICER H7I.ENTm9QlPTL m-u PHONE(909)987-5433 FAX(909)297.2547 THE FORM OF POLICY OF T1TLB INSURANCE CONTENVI.,ATED➢Y THIS R&POR'T IS: PRPUMMAIIY REPORT j -1- OrdarNo, 140-842879.66 SCHEDTII F"A-" THE ESTATE OR LN'f2l+ LST IN THE LAi`TD HEREINATTER DESCRIBED Olt ILEB liRRED T'O COVERED BY THIS REPORT I5: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS V ESTFI)IN: HENRY OLIVIER.AND FLEANA VISCAL-OLIVIER,HUSBAND AND RNUE AS TENANTS IN COMMON THE LAND REFERREb"I'O IN THIS REPORT IS SITUATED N THE COUNTY UP RIVERSIDE, STATE OF CALWORNIA, AND IS AESCRIIIED AS FOLLOWS: "IMAT PORTION OF THE WEST IWX OP SECTION 14 TOWNSHIP 3 SOUTH,RANCE 4 EAST,SAN 5UNARMO N4LRIDIAN ACOOMING TOTHE OFFICIAL PLAT THEREOF,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOlITHER.LY CORNER OF THAT PIOPERTY DESCRIBED IN DEED TO SFIELL OIL COMPANY, RECORDI-D AUGUST 25,1964 AS DOCUhIBNT N 0, 104165 OF OFFICIAL RECORDS SAID CORNER BEING ON THE EA5T LINE OF THAT PROPU.WI'Y DESCRIBED AS PARCEL A IN DEG➢TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18,1955 AS DOCUMENTNO,66635 OF OFFICIAL RECORDS; TliFNCE SOUTH 00'14'00"WEST ON THE BAST LINE.OE THE PARCEL CONVEYED TO THE STATE 01:CALIFORNIA ABOVE REFERRED TO 4,49 FEETTO A PONT ON TIM NORT'HEASTCFLY LINE OF THAT CERTAIN PARCEL CONVEYFD'TO TFTF. STATE Olf CALIFORNRARY DEED RECORDED JANUARY 12,1966 AS ODCUddEN°r NO,3948 OF OPFICIA.L RGCURDS; THENCE SOUTH 45"12'S V'EAST ON THE NORTHEASTERLY LINE OF SAD PARCEL 084.19 FEET; TM'NCE NORTH 606 14'00"EAST PARALLEL WITH THE EAST LINE OF THE SHELI,OIL COMPANY PROPERTY 471.54 FEET; 714ENCE NORTH 890 46'00"WEST273.78 FFfT TO THE EAST LINE OF THrj SHELL OIL COMPANY PROPERTY THENCE SOUTH 00°14'00"V.'EST ON'1HE 1:A8'. LINE OF SAID SHELL OIL COMPANY PROPERTY 197.52 FEET TO TIM PDiNT OF BEGINNING. EXCEPT THE RIGHTS BELOW THE DEPTH OF 5UO FEET,TO MINERALS AND OIL,GAS AND OTHER HYDROCARBON SUBSTANCES N AND UNDERTHE LAND,BUT WITHOUTTHE RIGHT OF SURFACE ENTRY AS EXCI?PTLD N THE DEED EXECUTED BY ATLANTIC RICHFT6LD COMPANY RECORDED OC OBER 28, 1999 AS INSTRUIVIENTNO, 1999.475C09 OFFICIAL RECORDS. -2' I Order No. 140-94287&66 SCIMI)7)LE«B" AT TILE+ DATE BIIRLOP EXCEPTION TO (:OVERAGE IN ADDITION TO THE PRINTED EXCRP'T1ONS AND rXCLIISION CONTAINED DV SAID POLICY FORK[WOULD BE AS FOLLOWS: ,GENERAL AND SPECIAL. TAXES FOR THE NSCAI. YEAR 2009-2010, INCLUDING ANY ASSESSMENTS COLLECTED WITS'TAXES. A LIEN NOT YET PAYABLE, THE FOLLOWING TAXES HAVE All,SEEN PAD? AND ARE R&PORTED FOR PRORATION PURPOSES ONLY, GENERAL AND SPECIAL TAXES NOR THE,F]SCAL YEAR 2008.2009. TOTAL AMOUNT S91973.16 I 1ST INSTALLMENT $4,986.58 2Nll 1NS"I'ALLMENI' S4,986.58 CODE AREA 061-044 PARCEL NO. 666370.023-1 �EXfsMPTION NONE THE LIEN OF SUPPLEMENTAL TAXES,1F.4NY,ASSESSED PURSUANT TO THE PROVISIONS OF SECTION 75, ET SEQ,OF TIME RE V ENU;AND TAXATION CODE OF THE STATE OF CALIFORNIA, ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITMI DISTRICTS AFFECTING SAID LAND, WRICfI MAY EXIST HY VIRTUE QF ASSESSMENT.MAPS OR NOTICES FILED BY SAID DISTRICTS, ANY UNPAID AND/OR DELINQUENT BOND OR ASSESSIYMN7' AMOUNTS WEIGH MAX HAVE BEEN REMOVED FROM THE ROLLS OF TIM COUNTY TAX ASSESSOR AND WHICH MAY HAVE SEEN REMOVED PROM THE 1'AX IIILLS AND I AX DEFAULT REDEMPTION ANIOUNTS. 1)/ AN EASEMENT FOR,PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL TFIF.RETO AS PROVIDED IN AN 5+.., INS7.'4UME,NT RECORDED: MAY 18,1962ASINSTRUMLINT NO.467E1,OFITCIALR4CQRDS FOR' PUBLIC UTILITIES AND INCIDENTAL PURPOSES INPAVO? OP: CALLNURNIA ELECTRIC POWER COMPANY,A DELAWARE COIOORA17ON AFFECTS: THAT PORTION OF SAID LAND DESCRIBED THEREIN.REFERENCE IS MADE T(D ,r/' SAID DOCUNIEN'1'FOR FULL PARTICULARS, THE FACT TILAt THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR ITTRPSS T O OR FROM THE FREEWAY ADiACENT TO SAID LAND,SAID IUCYHTS HAVE EEEN RELINQWSNED IN THE DEED TO THC STATE OF CALIFORNIA RECORDED FATR)ARY 12, 1966 AS INSTRUMENT NO. 3946, OFFICIAL RECORDS, SAID LAND, HOWEVER, ABUTS ON A PUBLIC THOROUGHFARE OTHER THAN THE ONE IekFE.RRED TO ABOVE,OVER WHICH RIC,HTS OF VEHICULAR ACCESS HAVE NOT BEEN REL[NQUISIIED. AN EASEMENT FOR PURPOSES HEREIN STATED, AND RIGHTS INCIDENTAL TIIERETO AS PROVIDED 1N AN INSTRUMENT RECORDED: MAY IG,1966 AS INS'TRUMENTNO,$0917,OFFICIAL RECORDS FOR! INGRESS,BGRF,S5,PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF: WILLIAM R.LERMAN AND MYRA L.LERMAN,HUSBAND AND WIFE MARY COCKBN DILLON AND HELEN COCKBN KNIGHT AFFECTS: T'HA'P PORTION OF 3AI➢LAND DESCRIBED THEREIN, REFERENCE IS MADE 10 SAID DOCUMENT TOR FULL PARTICULARS. I a) AN EASEMENT FOR PURPOSES HEREIN STATED,AND R30FITS INCIDENTAL THERETO AS PROVIDED TN AN INSTRUMENT RECORDED: DECEMBER 16,1966 AS INSTRUMENT NO. 120243,OFFICIAL P ECORDS FOR: PUBLIC UTILITIES AND INCIDENTAL PUMP OSES IN FAVOR OF: CALIFORNIA WATER AND TELCFHONE COMPANY,A CORPORATION AND SOUTHERN CALIFORNIA EDISON COMPANY,A CORPORATION AFFECTS: THAT PORTION OF SAID LAND DESCRIBBD THEREIN.REFERENCE 1S MADE TO SAID DOCUMENT FOR PULL PARTICULARS. i -3- Order No- 140-S42878-66 6). I AN EASEMENT FOR PURPOSES HP.RBIN STATED,AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN / INSTRUMENT RECORDED: ILLY 11, 1977 AS INSTRUMENT NO,128657,OFFICIAL RECORDS FOR: PUBLIC UTILITIES AND NCMBNTAL PURPOSES IN FAVOR OFF SOUTHERN CALIFORNIA EDI8ON COMPANY,A CORPORATION AFFECTS: THAT PORTION OF SAID LAND DESCRIBED THEREIN.REFERENCE IS MADE TO SAID DOUCMENT FOR FULL PARTICULAR$, r6 AN EASEMENT POR PURPOSES HEREIN STATED,AND RIGI ITS INCIDENTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: JULY22, 1996AS INSTRUMENT NO. 171922.OPITICIA3.REQQRI)S TOR: ROAD,DRAINAGE PURPOSES AND INCMENTAI,PURPOSES IN FAVOR OF: COUNTY OF RTVERSID$ AFPECTS: THAT PORTION OF SAID LAND DESCRIBED THERBfN, REFERENCE IS MADE TO f SAID DOCUMENT FOR FULL PARTICULARS, AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO A5 PROVIDED IN AN 1 INSTRUMrNT RECORDED: DECF.MDER 6, 1969 AS INSTRUMENT NO.427017,OFFICIAL RECORDS FOR: PUBLIC ROAD, DRATNAGE PURPOSES, PUBLIC: UTILITY, PUBLIC SERVICES PURPOSBS AND INCIDENTAL PURPOSES IN FAVOR OF: COUNTY OF RIVERSIDE AFFECTS: THAT PORTION OF SAID LAND DESCRIBED THEREIN. REFERENCE IS MADE TO SAJL]DOCUMENT FOR FULL PARTICULARS. I�(a1 AN EASEMENT FOR PURPOSES HEREIN STATE➢,AND RI014T8 UgCIOPNTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: MARCH 11, 1991 AS INSTRUMENT 140..80237,OFFICIAL RECORDS FOR; PUBLIC UTILIT[ES AND INCIDEN!'Af,PURPOSES IN FAVOR OF: SOUTHERN CALIFORNIA POISON COMPANY,A CORPORATION AFFECTS: TFIAT PORTION OF SAID LAND DESCRIBED THRREW, REFERENCE IS MADE TO SAID DOCUMENT FOR NULL PARTICULARS. RESWC'I'IQNS ON THE USE,BY T14L OWNERS OF SAID LAND OF TIM EASEMENT AR4A AS SET OUT IN SAL➢BASEMENT DOCU.M.BNT �3) COVENANTS, CON➢RTIONS AND RESTIUCIlONS IN AN INSTRUMENT RECORDED OCTOBER 29, 1999 AS INSTRUMENT NO- 1999-475011.OFFICIAL RECORDS,WHICH PRQViD&THATA VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER TNNALID THE LIEN OF ANY MORTGAGE OR DEED OF'PRUS'MADE IN C,OOD FAITH AND FOR V ALUE,RUT OMITTING ANY COVENANTS OR R.ESI'IUC:TIONS,IF ANY,BASED UPON RACE, COLOR,RELIGION,SEX,HANDICAP,FAMILIAL STATUS,QR NATIONAL ORIGIN UNLESS AND ONLY TO TIM EXTENT THAT SAID COVENANT (A) 1S EXEMPT CINDER CHAPTER 42, SEC-1"ION 3607 OF THE UNIT8D STATES CODE OR (B) RRLATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. "NOTE: SECTION 12956.1 OF THE GOVERNIAENT CODE PMOVB)B THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL. STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR KOUS1,NG LAWS AND IS VOID,AND MAY BE REMOVED PURSUANT TO SECTION 1'2956.1 OF THE GOVERNMENT CODF. LAWFUL RESTMCION UNDER STATE AND FEDERAL, LAW ON TUB AGE OF OCCUPANTS IN SENIOR HOUSING ?OR OLDER PERSONS S?IALL NOT BE CONSTRUED AS RESTRICTION ,BASED ON FA-KWAL-5TATII.S--" ,]US A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF .✓" AMOUNT: 51,820,00090 TRUSTOR: HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBANID AND WIFE AS TENANTS IN COMMON TRUSTEE: CHICAGO TITIAI,COMPANY BENEFICIARY: CENTERBANIC ! DATFO: MARCH 19,2008 RECORDED: MARCII 26,2002 AS INSTRUMENT NO.2008-146604,OFFICIAL RECORDS, AND RE-RF..COR❑ED APRIL 11,2009 AS INSTRUMENT NO,NG8•I83017,OFFICIAT,RECORDS. 1 I -A- OxdcxNti.lAU-8d2878-6ti 1r1') ,THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIMNS, DECREE'S OR OTIILR MATTERS WHICII DO NOT [/ SPECIFICALLY DESCRIBE SAD)LAND,ISUT WHICIS,IF ANY DO F.XTST,MAY AFFECT THS TITLE OR TlvIPOSF LMNS OR ENCUMBRANCES THEPEON. TIIE NAME SEARCH NECESSARY TO ASCERTAIN T'Hli I XIS'rZNCE OF SUCH MATTERS IIAS NOT BEEN COMPLETED AND WILL.REQUIRE A STATEMENT OF INFOR-MATION FROM VESTEFS IN ORDER TO COMPLETE THIS REPORT. END OF SCREDTTLE B xrn,�r POLICY RATE: BO,dPATIC ENCLOSURES: PLATS ! _g Qrdor No.140-84287E-66 "VN,OTES AND RE(A1LiEriMENTS SEC,TTTON" NDT'D NO.l "CALTORNIA STATE SENATE BILL NUMBER n19, EPFEOTTVB JANUARY 1, 1991, REQUIRES THAT THE BUYER IN ALL SALES OF CALIFORNIA REAL ESTATE,WEIEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS,WITHHOLD 9 1/1 V,OF THE TOTAL SALES PRICE AS CAIMORNIA STATE INCOME TAX,SUBJLCT"TO'THE VARIOUS PIWV1SIONS OF THE LAW AS 17 MREIN CON"TAINED," h.Ql.�'�I'U•3 PAYOFF INFO101ATION: NOTE: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIORTO CLOSING. IF IHF, D6MA.ND IS EXPIRED AND A CORRECT DEMAND CANNOT E13 OBTAINED, OUR kl.QUIREMENTS WILL BE AS FOLLOWS: A. IF 1717E COMPANY ACCEPTS A VERBAL UP13A•1'E ON THB DEMAND, WE MAY HOLD AN AMOUNT EQUAL TO ONF MONTHLY MGR"TGA1)Z PAYMENT", THE AMOUNT OF THIS HOLD WILL BE OVER AND ABOVE THE VERBAL HOLD THE LENDER NLAY HAVE STIPULATED. E. IF THIS COMPANY CANNOT OBTAIN A VERBAL UPDATE ON 'I•HB DEMAND, WILI, EITHER PAY OFF THE EXPIRED DEMAND OR WAIT FOR THE AMENDED DEMAND,AT THE DISCRETION OF THE ESCROW. C. IN TIM EVENT'THAT A PAYOFF IS BFINO MADE TO A SERVICING AGENT FOR TOM BENEFICIARY,THIS COMPAM' WILL REQUIRE A COMPLFTE COPY OF THE SERVICING AQREEMFNT PRIOR TO CLOSE. NNQ..T.Fi.NO_3 W THIS COMPANY IS REQUESTED TO DISBURSE FUNDS 1N CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB.RSCROW ACCOUNTS. THE MANDATORY 14011)IS ONE BUSINESS DAY AFTER THE DAY DEPOSIT)-[)- OTHER CHECI4S REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AI'-TFR THE DAY DEPOSITED, IF FUNDS ARE TO BE DEPOSITED WITII ORANGE COAST TIT'IA 5UIT.D1rR SERVICES EY WIRE TRANSPCR,THEY SHOULD BE WIRED TO THE FOLLOWING BANKlACCOUNT,, BANK OF ANERICA 100 wEST 3311 STREET NEW YORIC,NY 10001 ADA 026009593 ACCOUNT NO.1235563445 CREDIT TO TIRE ACCOUNT OF ORANGE COAST TITLE BUILDER SERVICES PLEASE REFERENCE ORDER NO. 140-842ST8-66 AND HELEN JoaNSON,TITLE OFFICER i i 1' i Order No,LIO S42878-66 a e' E3CHLl3IT .4 'I11AT PORTION OF THE WL•'S'T HALF 01;SEC'IYON 14 TOWNSHIP 3 SOUTH,RANGE 4 BAST,SAN ERRNARDLNO MERIDIAN ACCORDING TO THE OFFICIAL PLAT THPR.P.OP,D2,KWBBD AS FOLLOWS: BEQINNINO AT THE MOST SOUTHERLY CORNER.OP THkT PROPERTY DESCRIBED IN DEED TO SHE 01L COMPANY, PECORDBD AUGUST25,1964 AS DOCUMENT NO.104165 OF OFFICIAL RECORDS SAID CORNER BEING ON THE EAST LINE OF THAT PROPERTY DESQ%lBED AS PARCEL.A IN DEED TO'THR SPATE OF CALIFORNIA RECORDED OCTOBER 10, 1955 AS DOCUMENT NO.66635 OF OFFICIAL RECORDS; THGNCB SOUTH 006 14'00"WEST ON THE EAST LINE OF TTIE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AEOV B REFERRED TO 4.49 FEET TO A POINT ON THE NORTHEASTERLY LINE 012 THA'T CURTAIN PARCEL CONVEYED TO THE SFATR OF CALIFORNLd,BY DEED ACCORDED 1ANU&AY 12,1966 AS DOCUMENT NO.3948 OF OFFICIAL RECORDS; THENCE SOCJIH 45°12'5 1"EAST ON THE NORTHEASTFRI.Y LRgE OF SAID PARCF,C.384.19 FEET; 'THENCE NORTH 000 14'DO"EAST PARALLEL WITII TTIE EAST LINE OF THE SHELL OIL COMPANY PROPERTY 471.54 FEET; THENCE NORTH 899 46'00"WEST 273.78 FEET TO THE EAST LINE DFTHE SHELL OIL COMPANY PROPERTY THENCE SOUTH 000 14'00"WEST ON THE EAST LINE OF SAID SHELL OIL COMPANY PROPERTY 197,57.FRPT TO THE.POINT OF BEGINNING. EXCEPT THE RIGHTS BELOW THE DEPTH OF$00 FEET,TO MINERALS AND OIL,GAS AND OTHER HYDROCARBON SU13 STANCES IN AND UNDER THE,LAND,BUT WITHOUT THE RIGHT OF mkiR ACE ENTRY AS EXCEPTED IN THEDLLD UXECUTLID'BY ATLANTIC RICHFIELD COMPANY RLCORDUII OCPOBER 28,109,44 INSI'RUMENT NO. 1999.475009 OFFICIAL RECORDS, I I I I I I I T ':ndnd LC"999 del4 gpagassl( V�7`aprssad'Fy :Ila Fa dFao Sap INLVAN— FVE, Tf ®w k M PI � � yA ..e..x -' r•. � rvr wpyOnp nh I f: 8 y A �� � •'6G / IDS a / } y a � A 1 � iz e F tgg� ��r Stewart Title of California, Inc o lt►ar :,. 2010 Main Street, Suite,Z50 �--,title of ealifornia, inc. "' Irvine, CA 9201.4 (949)476-0777 Phone (714)242-9886 Fax l o Stewart Title of California,lne. Date February 11,2010 Escrow Officer Grace Kim Escrow Nutnher 269200 Property Address APN 666-370-023 (Portion) Palm Springs,California 92258 CONTIZACrF AGREEMENT ESCROW INSTRUCTIONS STEWART TITLE OF CALIFORNIA,INC. IS LICENSED BY TII E STATE OF CALIFORNIA eNDER'I'IIE DEPARTM ENT OF INSUOAN(>9ACENSE NU.399 This Contract Agreement Excrow Instructions shall supersedes the original Cun.tract Agreement Escrow Instructions dated December 1.,2009 The undersigned has caused to be handed you a duly executed copy of that certain Agreement Re: Damages for Acquisition of Real Property and Right of Way Agreement for Acquisition of Real Property and Escrow Instructions, hereinafter referred to as the"Agrocrnont" by and between, henry Olivier, tleana Viscal Olivier, as Seller and City of Palm Springs, it municipal corporation, as Buyer. Each party will hand you any instructions, documents and/or funds necessary on his or her behalf to enable you to comply with said "Agreement". Said"Agreement"shall constitute escrow instructions which Stewart Title Company of California, Inc,, as Escrow Holder, is instructed to use, along with any additional mutual instructions required to close this transaction. Escrow Holder is only to be concerned with the conditions and/or payments and/or documents commonly under the control of of made or delivered through an Escrow Holder. The following are for clarification purpose only, and the parties hereto agree to be bound by same as far as the escrow is concerned. The intent of the following instructions is not to modify the agreement,only clarify Escrow Holder's duties: Purchase Price for Acquisition: $ 11,834.00 Severance Damages: $383,654.00 if applicable, Escrow Holder is authorized and instructed to obtain beneficiary statements and/or Partial Release/ demands on any matter of record required to place title in the condition called for pursuant to these instructions. Escrow Holder is authorized and instructed to charge buyer, at the close of escrow, with the costs as provided for in the "Agreement" and as per the estimated closing statement to be approved prior to the close of escrow. ru,ownnunc,. :e�uo.cwx,n y.w,�,r sn.o.mx Page I uf$ Each party signing these instructions has read, understands, asid accepts the General Provisions attached hereto as Exhibit"I". seller(s): . if enry 01 ivier f1cmi Viscal Olivier Royer(s): City u� f Palan �n�nunicipal corporation �. 1\'8rne: d3gU(p [fRIPAKtF1d L"'GdF Imo^ Its' Ct7YrN�dR aP ov r car Page 2 of 8 EXIIIIIIT I GFNFRAL PROVISIONS I. DEPOSIT OF FUNDS,OPPORTONITI"I'O EARN INTEREST ANi)PROBATIONS All funds received in this escrow shall be deposited with other escrow funds into one or more non-interest bearing escrow accounts at a financial institution selected by Escrow Agent, Escrow Agent shall not be responsible and shall have no liability for any delay in closing this escrow if the funds deposited are not available for immediate withdrawal as a matter of right pursuant to California Insurance Code Section 12413.1 et. scq. Funds deposited in the financial institution fife insured only to the limit provided by the Federal Deposit lnsur'ance Corporation. Escrow Holder shall not be held responsible for loss of any amount over the FDIC insured limit clue to bank failure or for lost interest due to wire delays caused by any bank or the )-cderal Reserve Systcm, and recommends that all parties snake themselves aware of banking regulations with regards to placement of wires. You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds in an interest bearing account, (You do not have an opportunity to earn interest on any funds deposited by a lender) If you elect to earn interest, there is an additional fee in the amount.of$50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you eam. Should you not elect to cam interest on your deposit, your funds will be deposited in our General Escrow Account at a financial institution insured by the FDIC. 'Phis is a non-interest bearing account; however, Stewart Title of California, Inc. may receive certain financial benefits from that financial institution because of the General Escrow Account and its on-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Stewart Title of California, Inc. and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any hcncftt received by Stewart Title of California, Inc.. Any such benefits shall be deemed additional compensation of Stewart Title of California, inc. for its services in connection with the escrow. All proration and/or adjustments called for in this escrow shall be made on the basis of a 30 day month or 360 day year, unless otherwise iutruotcd in writing, proration of real property taxes including suppiernrntal real property taxes, will be made on the hosis of die latest available figures provided to Escrow Holder, The phrase close of escrow((X)lj)as used hurcin means die date on which inslrumcnts/documents are recorded. Disbursements from this escrow will be made by check of Cscrew Iloldcr. Unless otherwise instructed iu writing,checks will be issued jointly to die parties designated as payees. Signatures (including initials) of principals or their duty authorized agews cm any documents/instutnenl and/or instruction pertaining to this escrow indicate approval of same. 2. SPECIAL RECORDINGS If a `SPECIAL Rl?COPDING"is arranged and completed,meaning recording the documents called tier in this escrow,at any time other than the standard recording.time for title companies, then all parties herelo represent and warrant that during the period of time between the standard recording time and the tiaw the documents are actually recorded pursuant to the 'SPECIAL RH/:ORDING71, no additional liens, encumbrances, or exceptions to the title whether involuntary or voluntary, of any kind or nature will attach to or be recorded against the subject property,nor will the subject property be ntherwise transferred m conveyed. All parties hereby expressly agree lu indemnify and bold Escrow Holder harmless tl'om all claims, losses or damages and attorneys fees resulting h0nl any such additional liens,encumbrances, exceptions to title,transfers or conveyances. 3. AUTHOIIIZA.TION TO DELIVER 11 it is necessary, proper or convenient for the consummation of this escrow, Escrow Holder is autlinrized to deposit or have deposited funds or documents, or both, handed to Escrow Holder under these er;uruw instructions with any duly authorized sub-escrow agent, including, but not limited to, any batik, bast company, title insurance company, title creronwea.. ire -rnw�eaaNremwri esv+inn Page 3 of 8 company,carvings and loan association, or licensed escrow agent, at of before close of escrow in coimectiun with closing this escrow. Any such deposit shall be deemed a.deposit under the meaning of these escrow iltstrurtians. A. Al:'1'f1ORIZATTON TO FURNISH COPIES Furnishing copies of any/all escrow instructions, arneudnmcnts, supplements, preliminary reports, notices of cancellation and closing statements in this escrow to Iiw read ustate broker(s), lenders and/or atiol'ney's represemuig principals to this escrow is authorized. Escrow holder shall not incur any liability to(lie parties for delivery of said copies. 5. HME AND WRITTEN NOTIFICATION Time is of the essence. In the rveni the conditions of this escrow have not been complied with at the expiration of the time provided for herein you are permitted, though not required, to caniplete the same at the earliest possible date thereafter. No notice, demand or change of instructions shall be of any effect to alter, amend; supplenten[, or vary the terms of these instructions unless given in.writing and signed by all parties affected thereby. 6. CANCELLATION PROVISIONS Any principal insirucling Escrow lfolder to cancel escrow shall file notice of cancellation in Escrow Holder's office in writing and so state the reason for cancellation. Upon receipt of same, Escrow Holder shall prepare cancellation maiructions for signatures of the principals and shall forward same to the principals. Upon receipt of mutually agreeable cancellation instructions signed by all principals and after payment of Escrow Holder's cancellation charges, Escrow I Ieldcr is authorized to comply with such instructions and cancel die escrow. 7. AC:'I'ION.IN INTER Ill EA1)ER OR OTHER COURT OR LEGAL PROCEKPINGS The principals herclo expressly agree that Escrow Holder has the absulute right, at its election, to file an action in intepleader requiring the pruicipals to answer and litigate their several claims and rights among themselves;and Escrow holder is authorized to deposit with the clerk of the court, all documents, instruments and funds held in escrow. In the event such action is Glad, the principals jointly and severally agree to pay Escrow Holder's cancellation charges and costs, expenses and reasonable attorney's fees it is required to expend or incur in such interpleade' action, the amount thereof to be fixed and judgment therefore to he rendered by the court. Upon filing of such action, Escrow Holder is thereupon filly released and discharged from all obligations to Further perform any duties In obligations otherwise imposed by the terms of this escrow. 8. PERSONAL PROPERTY TAX E13crow Holder is not tcaponsible for any personal property tax which may be assessed to any forme- owner of the property that is the subject of this escrow, nor for the corporation or license tax of any corporation as a former owner. No examination or insurance as to the amount of payment of personal taxes is required unless specifically requested. 9. LIMITATION ON DUTY TO INFORM It is agrred by the parties hereto, that so far as Escrow Holder's rights and liabilities are involved, the transaction is an escrow and not any other legal relation and Stewart Title of California, Inc. is an Escrow Holder only on the within expressed terms, and Escrow Molder shall have no responsibility for notifying any of the parties of this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of the profit realized by any person, firm or corporation (broker, agent and parties to this and/or other escrow included), in comncction therewith, regardless of the fact that such traosaction(s)may be handled concurrently by Escrow Holder in this escrow or in another escrow. I O. LEGAL ADVICE The parties acknowledge and understand Ihal Escrow Holder is not auihotiicd to practice law, nor give financial advice. The parties arc hereby advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations arc made by Escrow Holder about the legal sufficiency, legal consequences,financial effect or tax consequences of the within escrow instructions. 11, 1)ISCLOSIIRF OF CONDITIONS PRECEOENT Fhe parties to this escrow, by execution thereof, acknowledge their duty to Escrow Holder of full disclosure of those matters, which shall effect the transfer of subject property and conditions of title(inclusive of real personal slid intangible properly, which matters may result in a lien against subject property). Disclosure shall include,but not limited to: water, stock, owners association or maintenance dues, contractual obligations not automatically terminated upon sale, notes, deeds of foist and vendors liens. 12, STATE/FEDE1tAL CODE NOTIFICATION LRA'*Nbl0h lrsalm.CWn IAp Wlll Csw Im Page 4 of 8 According to Federal law, the Seliti(s), when applicable, will he required to complete a 1099-S Worlcslraet•that will be utilired to generate a 1099 reporting statement to the Internal Revenuc Service. You are released frurn and shall have no liability, obligations or responsibi lily with respcct to (a) withholding of Funds pursuant to Section 1445 Of the internal Revenuc Code of 1984,"Foreign Investors in Real Property Act"(FI RPTA), as amended(h) advising of requiromcrrts, (c) determining whether the seller is a foreign person, Under'such Section, or(d) obtaining a non-foreign affidavit or other exemption ti'on1 withholding under Stich Section nor otherwise making any inquiry cooceming compliance with such Section by any party to this transaction. IN AC(:URI)ANCE WI'l 8 SECTION 18662 AND I8668 OF THE REVENUE. AND TAXA:I(ON CODE, A BUYER MAY RE REQUIRI.0 TO WITHHOLD ANY AMOUNT EQUAL TO 3-1/3 PERCENT OF THE SALES PRICE IN THE CASE OF A DISPOSITION OF CA.1,I1;ORNIA REAL PROPERTY INTEREST,BY EITHER, 1) A SELLER WHO IS AN INDIVIDUAL OR DISBURSEMENT INSTRUCTIONS AUTHORIZED THE PROCEEDS TO BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,OR 2) A COR.PORATE SELLER TIIAT IIAS NO PERMANENT PLACE OF BIJSINF.SS rN C:AI.I FORNIA: FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO PENALTY EQUAL TO THE GREATI-'R 01; 10 PERCENT Oh'THE AMOUNT REQUIRED TO 8E WITHHELD OR FIVE I-11JNDRIii)DOLLARS ($500.00). HOWEVER, NOT'WITIISTANDING ANY OTHER PROVISION INCLUDED IN I'TIE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WiLI, BI? REQUIRED TO WITHAOIA) ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE-TO WITHHOLD IF; 1) THI> SALES PRICE OF THE CALIFORNIA R.EAf, PROPERTY CONVEYED DOES NOT I•:XCl;F0 ONE HUNDRED THOUSAND DOLLARS ($100,000,00),OR 2) THE SELLER EXECT.TrES A WRITTEN CERTIFICATE, UNDER 114E PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A CORPORAI]ON WITH A PERMANENT PLACE OF BUSINESS IN CALIFORNIA,OR 3) THE SELLER, W I-10 IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE UNDER THE PENALTY OF PERJURY,OF ANY OF THE FOI.T-OWING: A) THAT 'THE CALIFORWA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAT., RESiDuNCE(WITHIN THE MEANING OF SECTION 121 OF THE INTERNAL REVENUE CODE). B) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS OR WILL 13ti hxCHA.NGED FOR PROPERTY OF LIKE KIND (WfTHIN THE MEANENIG Ol; SIiCI•ION 1031 OF THE INTERNAL REVFNUE CODE), BUT ONLY TO THE EXTENT OF T'HF:AMOUNT OF GAIN NOT REQUIILED TO BE RECOGNIZED FOR CALIFORNIA INCOME TAX PURPOSES. C) THAT THE CALIFORNIA REAL PROPERTY HAS BEEN COMPULSORILY OR INVOLUNTARII..Y CONVERTED (WII•II1N THE MEANING OF SECTION 1033 OF THE INTERNAL REVENUE CODE) AND THAT THE SF,1.1E11 INTENDS TO ACQUIRE PROPBR'I'Y SIMILAR OR RELATED IN SERVICH OR USE SO AS TO BE ELIGIBLE FOR NONRECOGNITION OF GAIN FOR CALIFORNIA INCOME TAX PURPOSES. D) THAT 'I HE- CALIFORNIA REAL. PROPERTY TRANSACTION Wll.,l, RESULT' 1N A LOSS FOR CALIFORNIA INCOME TAX PURPOSES. THE SELLER IS SUBJEC1T l'O PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR TIIL PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. 13. NOAC'r1Vl'I:Y If there is no written activity by a principal to this escrow within any six-Month period after flit time limit date as set I'm'th, in the escrow inStroelions or written extension thereof, Escrow Holder's obligation shall terminate at Escrow Holder's option. An documents,ninnies or other itenns deposited with Escrow Holder shall be renn'ned to Or, rospcclive parties entitled I.bereto, less fees and charges herein provided. 14. CAPTIONS AND COUNT ERIPARTS Captions in these escrow instructions arc inserted for convenience of reference only and do not define, describe or limit the scope of the intent of these instructions or any of the terms hereof. These instructions may be executed in Counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and said counterparts together shall constitute one and the same instrument. Page 5 of 8 1.5. BINDING All terms of these escrow instructions shall be binding upon, more to the benefit and be enforceable by d'c parties hereto and there respective legal represenlativcs, successors and assigns. b, the event any term, covenant, condition, provision or agreement herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision nr agreement shall in no way affect any other terin, covenant, condition, provision or agreement herein contained. 16. USURY Escrow Holder is not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any liability or responsibility therefore. . 17. CONFLICTING DEMANDS/1NTERPLEADER No notice, demand or change of unsh uetions shall be of any effect in this escrow urduss given in writing by all parties affected thereby. if Conflicting demands are made in connecl.ion with this escrow, Escrow Holder shall have the absolute right to either withhold and stop all proceedings, or file suit in the intcrplcader and obtain an order from the court requiring the parties to inlcrplead their several claims and rights amongst themselves. IS. FACSIMILE AND ELEC'CR.ONICMAII, All parties acknowledge that:documents and instructions may be transmitted via facsimile(FAX)and/or electronic mail (e-mall)_ in the event the principals of this transaction, their agents, or assigns,utilize "facsimile (FAX)" transmitted instructions, Uscrow Holder may rely and act upon such instructions in the same manner as if original signed instructions were in the possession of Escrow Holder. 1.9. DISCRETIONARY 'I'k:RMINATION At the sole discretion of Escrow Holder, Escrow Holder may elect to terminate its escrow relationship with the principals to the escrow. Funds and documents will be rermned upon mutual instructions of the appropriate parties. 21). PURCHASE AGREEMENT If any form of Purchase agreement or amendrrumt or supplement(collectively"Purchase Agreement') is deposited to this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreennent. Escrow Holder's only duty is to comply with the instructions set forth in the escrow instructions and shall not he responsible for interpreting or acting on any provision of any Purchase ,AL,rrccrnent on which these escrow instructions maybe based. Escrow Ilolder shall not rely on any knowledge or understanding Escrow Holder may have of any such Purchase Agreement in ascertaining or performing the duties of Escrow Holder, in connection with any loan transaction, Escrow Holder is authorized to deliver a copy of any purchasr. agmemcnl and a copy of all escrow instructions,supplements of amendments to the Lender. 21. ENV[11ONMENTAL DISCLOSUME Notwithstanding any actual or other knowledge on the part of Escrow Holder, the parties agree to release. Escrow Holder from any acid all liability of any kind or naturr.and to indemnify Escrow Holder of any loss,damages,claims,judfmrcnts or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law, in excess of any state and federal standards,permit requirements and/or disclosure requirements existing at this time or which may c•.xist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your represcntations in making the assessment. The -)allies are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with.potential hazardous or toxic wastes. 22. ADDITIONAL DOCUMENTS RANDED TO ESCROW HOLDER Parties agree to hand Escrow Holder applicable documentation to establish their authority to act. Those documents may include,but shall'lot be linuled to the,,following: l) if an individual; Statement of Information 2) If a corporation: A Corporate resolution signed by the Secretary of the Corporation, authorizing the acquisition, encurnbrancing(if applicable),or sale of the subject property,and designating the authorized sigmaiorics on behalf of the corporation,together with a copy of the Articles of Incorporation&By-Laws. 3) If a Trust; copy of the Trust Agreement,any amendments thereto and/or a Certificate of Trust, rarm,rn.mc,.:nrnno-Lonnwi nwrvxnwni u.nr.�nN Page 6 of 8 4) If a General Partnership: An original Statement of Partnership, in recordable form (if not already recorded) Ili bc recorded in the County in which the subject property is located. A copy of the partnership agr0enreut is also requested. 5) If a Limited 1'arincrship: 'I lie LP-i form,certified by tire Secretary of State to record(if not already recorded) in the county to which the subject property is loca(ed. A copy of the partnership agreement is also requested. G) If a Joint Venture: The requirements npecifrod 1, 2,and 3 herein will be applicable as it relates to the entities which comprise the Joint Venture. 7) If a Limited Liability Company (LLC:): The LLCI cerdtiod by the Secretary of State to record (if not already recorded) in the county in which the subject properly is located. The LLCI must r'e.flecl,an expiration date. Onc person must he named on the T•LCI as managing the. LLC, or all nleurbers roust sign. A copy of the, operating agreement is required. Ttic parties further acknowledge that in the event the partners of a partnership arc individuals, it may be required that each such partner submit a completed and execnled Statement of Information, If the Principals have any questions regarding the disposition of LJTtelmmud Funds, in excess of$50.00, the Principals should contact the Controller or successor agency for the State of California. 23. DES"PI2IfCTION OF RECORDS Iiscrow Holder is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other materials pertaining to this escrow at the expiration of seven(7)years front The close of escrow or cancellation thereof 24. GOOD FUNDS California Insurance Codc Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. Thu law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received via wire transfer may be disbursed upon receipt. funds received via cashier's checks or teller checks drawn on a California Hank may be disbursed on the next husiness day after the day of deposit. If funds are rec6vl•d by any other means,recording and/or disbursement may be delayed. Stewart Title of California,Inc. shall nut be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. If any check submitted is dishonored upon presentment for payment, you are authorized to noti fy all principals and/or their respective agents of such nonpayment. 25. CHANGE,IN OWNERSHIP REPORT All parties are aware that a"Preliminary Ctlauge in Ownership Poem" is to be filed with the office of the County Assessor upon recordation of all transfer documents involving real property. As an accommodation only, Escrow Holder shall provide necessary £orals to the purchaser herein and in tile evert the completed form is deposited into escrow prior to close, Escrow fielder shall deliver same to County Assessor concurrently with recordation of the documents being recorded in this transaction. 26. APPLICATION OF PAYOFF FUNDS Should a check or wire he deemed unacceptable by lenders, creditors, lien holders or beneficiaries of Deeds of Tntst, EAcr'ow lIolder is authorized to act on our behalf in requesting the funds, as well as any balance in an impound account, be applied towards the balance due. 27. INDEMNITY FOR ATTORNEY'S FEES AND COSTS 11, the event snit Is brought by any party or parties to this escrow, including Stewart Title of California, Inc., as against each other or others, including, Stewart Title of California, Inc. which results in a dismiaaal of or judgment in favor of 11-Nu'A- 20II0G Page 7 Of A J Stewaft "I'itlr. of California, Ine,,, 01c parties hereto agree to hold harmless, reimburse and indemnify Stewart Title. of C'ahfotnix, Ine., its officers and rmployces, From any loss, expenses,crusts and attorney's fees incnried. THIS A(7R$EIVIENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINI)S ALL PARTIES THERETO, THEIR HEIRS, LEGATEES, DEVISIibS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO-REQUIRES THE MA.SCULF.NE GENDER INCLUDES TAPE FEMININE AND NFIJITR, AND TIIE SINGULAR NUMBER INCLUDES THE PLURAL. 1,1113SE INSTRUCTIONS AND ANY O'HW'R AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH DI; WHICH SHALL DE CONSiDRRi?D AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY/OUR INITIAL (S) HERETO CONSTITUTES INSTRUCTION 1.0 ESCROW HOLDER. OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT 1/WB HAVI;R.FAD AND IINDF;RSTAND THESE GENERAL PROVISIONS, INITIAL: Eurow Nwiibcr 3VUW-(. 11 lAp lrm MDwlna Page 8 of 8 DOC # 2010-0176416 04/16/2010 08:00R Fee:NC RECORDING REQUESTED BY Page 1 of 6 Stewart Title Recorded in Official Records County of Riverside Larry W. Werd WHEN RECORDED RETURN TO: Assessor, County Clerk & Recorder Attn: James Thompson City Clerk 1111111111111 III 1111111111111111111111 III 1111111111111 Gl CITY OF PALM SPRINGS s R U PAGE I S17E I DA I MISC LONG RFD I COPY 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (42 ` �gr�T' M A L 455 426 PCOR NCOR SM NC�' EXAM I/O �7��'� .. T: CTY UNI 1C1 Exempt from recording changes under Government Code§6103 may, GRANT DEED V APN: 666-370-023 This transfer Is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. /ZT THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON, hereinafter called "Grantor" hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference_ This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantors remaining property in and to said freeway. The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant' under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: 13 d GRANTOR: HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON angry Olivi ByV , I eana Viscal-Olivier ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) ss. On NW, S ,�7-L)Vlj before -� me, (�a�ILe tC.1& V Notary Public, personally appeared VN�LI,J?�l_AMG� =I far,4 ��(aJ -Q,(NYlet• who Proved to me on the basis of s tisfactory evidence to be the person(s) whose name(s) ,Ware subscribed to the within instrument and acknowledged to me that hetsh6/they executed the same in his/hi rr/their authorized capacity(ies), and that by hig/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J commt. 01792098 Motaq PW6e•cahwiva a � RlrarsWe Signature My Commission Expires: T- b• '10 Z This area for official notarial seal EXHIBIT"A" INDIAN AVENUE RIGHT-OF-WAY ACQUISITION PARCEL 20559-1 THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C'OF PARCEL MAP 19073,AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY; (1)THENCE ALONG THE WESTERLY LINE OF SAID LOT"C"S.00°24'04"W., 13.685 METERS TO THE SOUTHWESTERLY CORNER OF SAID LOT"C" BEING A POINT ON THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 12, 1966 AS INSTRUMENT NO. 3946, OFFICIAL RECORDS OF SAID COUNTY; (2)THENCE ALONG SAID NORTHEASTERLY LINE N.45°03'24`W., 98,727 METERS; (3)THENCE LEAVING SAID NORTHEASTERLY LINE N.44°56'36"E.,9.764 METERS TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO. 86-171822, OFFICIAL RECORDS OF SAID COUNTY; (4)THENCE ALONG SAID NORTHEASTERLY LINE GRANTED TO THE COUNTY OF RIVERSIDE S.45003'24"E., 89.128 METERS TO THE POINT OF BEGINNING. CONTAINING 916.2 SQ. METERS, 9,862 SQUARE FEET, MORE OR LESS. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY, OVER AND ACROSS COURSE (4) HEREINABOVE DESCRIBED 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 1,00002594 TO OBTAIN GROUND DISTANCES. plvwvU%1 1&)/D J �p GAN D S MICHA A. HAVE ER, PLS 7354 DATE EXP. 12-31-09 r y] cn� No.7954 �¢THIS DOCUMENT REVIEWED BY RIVERSIDE COUNTY SURVEYOR, 9T`�OF CAG�Fn� BY: DATE:—`r �G -61T Page 1 of 1 W /2 EXHIBIT " B $$ r r J j le RIGHT—OF—war ACQUISITION F-L 4 EL THIS DOCUMENT REVIEWED BY RIVERSII)E COUNTY SURVEYOR. BY: DATE: FiIS, JoDII� APN 666-370-023 0) 1 WILY LINE OF DEED TO 7 THE COUNTY OF RIVERSIDE r \\ . REG. JULY 22, 1986 AS DOC. NO. 66-171822 O.R. a. WILY LINE OF DEED TO 3 g- STATE OF CAUFORNIA REC. JAN. 12, 1966 AS CL PARCEL fir—INSTR. NO, 3948 O.R. 20559-1 � AF �c 2A` ohF *- a^ E� SAND P.O.@. 0 MOST N'LY PER PM 134/ EXP. 3' DEC 09 9�`�Y� !C� ^v, sp a?, !��TpA� `88-89 it q CF CA0 eq. vk- �. LEGEND RIGHT-OF-WAY ACQUISITION AREA = 916.2 SQ. METERS (9,862 SQUARE FEET) �k\� P.O.B. POINT OF BEGINNING I I I I T ACCESS PROHIBITED \\ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVMSIDE PAR. NO. : 20559-1 OTHERWISE NOTED, MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE: 9-03-09 SHEET i OF 1 SHEET OF PALM Sp City of Palm Springs k Office of the City Clerk �ORA7Eo'" 3200 K Tahyuia Canyon Wav • Palm Spriiigs,.ealifornin.9�M2 C'1L/FORK"A 'I1el: (760)323-820/1 • Fax: (760)322-8332 • Web: www,palmsprin};s-ca.pv CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED APN 666-370-023 dated: November 3, 2009 from, Henry Olivier and Ileana Viscal-Olivier, Husband and Wife as Tenants in Common 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 a day of November, 2009, 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 9t day of November, 2009, tClerk pson C Post Officc Box 2743 • Palm Springs, California 92263-2743 RDG REQUESTED BY DOC # 2010-0176417 RECORDING DINTitle 04/16/2010 09:00A Fee:NC StewaPage 1 of 10 Recorded In Official. Records WHEN RECORDED RETURN TO: County of Riverside Attn: James Thompson Larry W. Ward City Clark ggCounty CITY OF PALM SPRINGS 200 E.Tng9WaYPalm z Canyon 1111111111111111111111111111111 IIII I III III IIIII IIII III Exempt from recording charges S R U PAGE SIZE DA I MISC LONG RFD COPY under Government Code§6103 12.982109/08/09%001 PG1COra M A L 465 426 P1412 NCOR SM NC ER M T: CTY UNI PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CI-16 APN: 666-370-023 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, �26 HENRY OLIVIER AND ILEANA VISCAL-OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Numbers 666-370-023, referenced as Parcel CI-16 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subject to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately twelve thousand nine hundred forty seven (12,947) square feet referenced as Parcel CI-16 and described on Exhibits "A" and "B" attached hereto and made a part hereof ("Easement Area"). 2. A thirty (30) day written notice shall be given.to Grantor prior to using the rights herein granted. The rights herein granted may be exercised for twenty four (24) months from the thirty (30) day written notice, or until completion of said Road, whichever shall be sooner, at which time this Dead shall be deemed null and void. 1 ROW: 1-10 and Indian Interchange 3. 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 Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. Notwithstanding the foregoing, Grantor reserves the right to use the Easement Area for vehicle and pedestrian ingress and egress to Grantor's property during construction of the Indian Avenue and 1-10 Interchange Project. Such access shall remain open at all times and shall further be convenient and accessible so that customers of Grantor's business may freely access Grantor's property. Grantor may place direction signs, "open for business during construction" signs, and other such information signs on the Easement Area to direct and inform customers during the construction work. Grantor further retains the right to access Grantor's sign located on the Easement Area for purposes of updating the sign with current gas prices and other advertising information. Grantee shall not block or damage Grantor's sign located on the Easement Area. 4. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 5. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon, subject to the provisions of Section 3 hereinabove and further subject to the following provisions: a. Permanent closure of the Grantor's existing easterly driveway shall occur only after completion of construction of the new westerly driveway connection to Grantor's property from 20th Avenue. The new westerly driveway connection, as depicted on Exhibit "C", shall not be changed, and shall be constructed as generally shown in the location thereon. b. Grantor shall have no responsibility for payment to the City of the cost to construct any improvements related to the Indian Avenue and 1-10 Interchange Project, including costs associated with closure of the existing easterly driveway, or construction of the new westerly driveway. 6. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 7. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 8. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows.- If to Grantor: Henry Olivier and Ileana Viscal-Olivier PO Box 9493 San Bernardino, CA 92427 Phone Number: (909)880-1146 If to Ci COUNTY OF RIVERSIDE Economic Development Agency 2 ROW: 1-10 and Indian Interchange Real Estate Division 3403 10"' Street Riverside, California 92501 Attention: Craig Olsen Real Property Agent Phone Number: (951) 955-4840 Fax: (951) 955-4837 E-mail address: CAOlsen@rivcoeda.org With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@palmsprings-ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 9. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 10. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated 00 , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 11. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 12. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the 3 ROW: 1-10 and Indian Interchange provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 13. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 14. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 15. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 16. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. [SIGNATURE PAGE FOLLOWS] 4 ROW: 1-10 and Indian Interchange Dated: O 3 GRANTOR: HENRY OLIVIER AND ILEANA VISCAL- OLIVIER, HUSBAND AND WIFE AS TENANTS IN COMMON By: �C Henry Olivier B Ileana Viscal-Olivier CITY OF PALM SPRINGS, a municipal corporation By:-�- ~J David H. Ready, City Ma ATTEST: By: mes Thompson, City Clerk APP VED AS TO FORM: WOO FF, S DORM: 8 7 By: d ougla C. ollan , City Attorney 5 ROW: 1-10 and Indian Interchange ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF VQVeV--,td-J ) On NVY- �;J 1A , before me, tick e- Notary Public, personally appeared RmIN 1211viev a - D et- who proved to me on the basis of satisfactoq evidence to be the person(s) whose name(s) -Ware subscribed to the within instrument and acknowledged to me that bWshe/they executed the same in W/her/their authorized capacity(ies), and that by his`/hef/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. CAM E. ER98 Z COMM. Y1792099 a WITNESS m hand and official seal. NotaryptAlic•CaliNnob o Itimsw Coo* Signature onft FIL 96 2 My Commission Expires: h. "Zlo1011This area for official notarial seal ROW: 1-10 and Indian Interchange EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-16 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT"C" OF PARCEL MAP 19073, AS SHOWN BY MAP ON FILE IN BOOK 134 PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY, THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 22, 1986 AS DOCUMENT NO, 86- 171822, OFFICIAL RECORDS OF SAID COUNTY N.45003'24"W., 117.064 METERS TO THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN DEED TO SHELL OIL COMPANY, RECORDED AUGUST 25, 1964 AS DOCUMENT NO. 104165, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE N.00020'35"E., 17,935 METERS; THENCE LEAVING SAID EASTERLY LINE N.89058'20"E., 3.788 METERS; THENCE S.00025'03"W., 15.775 METERS; THENCE S.45v03'24"E., 41.000 METERS, THENCE N.44o%'36"E., 10.000 METERS,- THENCE S.45003'24"E., 60.940 METERS TO THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 19073; THENCE ALONG SAID WESTERLY LINE OF PARCEL 1 S.00024'04"W., 19.923 METERS TO THE POINT OF BEGINNING. CONTAINING 1202.8 SQ. METERS, 12,947 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 1.00002594 TO OBTAIN GROUND DISTANCES. NND 4 p, ygL'QGt` MIC AEL A. HAVENER, PLS 7354 DATE `yayC �y p EXP. 12-31-09 Exp 12/37<D9� 4 160S5 �¢ THIS DC�CUMENT REVIEWED BY df. CAG�F RIVER_;:::aE COUNTY SURVEYOR. BY- DATE:,-- Page 1 of 1 PO,R, W 1/2 EXHIBIT " B " S r C, 1 if TEMPORARY CONSTRUCTION EASEMENT r, 3 �0 ri, 4 r, TABULATED LINE DATA E'LY LINE OF PROPERTY UNEI BEARING LENGTH DESCRIBED IN DEED TO Lt N 0070'35` E 17.935 m AUGUST 25 SHELL OIL , 1 REC,9fi4 AS L2 N 8958'20" E 3.788 m DOC. NO, 104165 O.R. L3 S 0075'03" W 15.775 m L4 N 4456'36" E 10.000 m ` L2 L5 S 00424'04" W 19.923 m NE'LY LINE OF DEED TO } STATE OF CALIFORNIA J J HIS, 100/79 REC. JAN. 12, 1966 AS APN 666-370-023 INSTR. NO. 3948 O.R. NE'LY LINE OF DEED TO F� THE COUNTY OF RIVERSIDE �! REC. JULY 22, 1986 AS r \\ DOC, NO, 86-171822 O.R. yEa 4ANo D— ��` \ � m A ra D— EXP. 31 DEC 09 yo F\\\ ��� fr O .1yq No 7 MOST N'LY COR. LOT "C" PER PM 134/ 'PHIS D`�CUMErVT REVIEWED BY �� j 0 9 \�� � � 88-89 RIVERSIDE COUNTY SURVEYOR. ��+�� By: \ '',mac• DATE: �L� LEGEND yGF y\\ TEMPORARY CONSTRUCTION EASEMENT (TCE) �F AREA = 1202.8 SQ. METERS (12,947 SQUARE FEET) P.O.B. POINT OF BEGINNING 1~' \ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. N0. : CI-16 OTHERNASE NOTED. MULTIPLY DISTANCES PREPARED Br. KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE:11-23-09 SHEET 1 OF 1 SHEET + 8R w�2x A w ' W9Ozm IliliBll � � dl"r w WM z �IlBfll � ill �, '� aM ryry J. AR Y iN x9 M M I'--Y 2 iWlp TM T, J JI N(I.W1 W qqY W Ak j v 'IP 1 ' I� CAI XM �I any {Mp Tn wto i l I�i i . . •wF.l �f M r / y� 9M � v err II• � 11 �r I' pII�yIR� i 'jig, LJ ^+ XN�„ r A a " 11 r It , V'W ! 41 a� 41 1 mil W .T'.d III Ip '" 'w III IIIINYuW�I', n I�'y' pF pALM S,r, City of Palm Springs V N " Office of the City Clerk A nq Poaorav 3200 L. Ta6yuirx Canyon Why • Palm Springs, California 97262 CqL IFpRN\� Tel: (760) 323-820.4 • Fax: (760) :;22-8332 • Wcb: www.palmspriugs-ca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666-370-023 dated: November 3, 2009 from, Henry Olivier and Ileana Viscal-011vler, Husband and Wife as Tenants in Common 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 9`" day of November, 2009, 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 9t' day of November, 2009. . es Thompson ity Clerk Post Office Box 2743 9 Palm Springs, California 92263-2743