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HomeMy WebLinkAbout05908 - PALM SPRINGS PARTNERS LLC ACQUISITION OF R/W FOR INDIAN CYN AND I10 INTCHG 4 DOC # 2013-0119032 03/12/2013 09:19A Fee:NC Page 1 of 16 RECORDING REQUESTED BY Recorded in Official Records Attn: James Thompson county of Riverside City Clerk Larry u. Ward CITY OF PALM Assessor, County Clerk & Recorder Palm Springs,CA 92 62 Way 1111111111111111111111 lllllll iIIII fllll lil 11►1111111111 _ FREE RECORDING S R U PAGE I SIZE DA MISC LONG RFD COPY This instrument is for the benefit of II �( the CITY b PALM SPRINGS, and is M A L 465 426 PCOR NCOR SMF CHG GPM entitled to be recorded without fee. C �\ (Govt. Code 6103) I\J CC T: CTY uNl Jtv Jr18 SS:ra/011613/001 PG/15.630 (Space above this line reserved for Recorder's use) PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-25 APN: 669-091-017 and 669-091-018 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 PALM SPRINGS PARTNERS, LLC, A California Limited Liability Company, ("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 12/02/2009 as Document#2009-0619221, records of said County attached here to and made a pare hereto. �5 PROJECT: . 1/10 —.Indian Avenue Interchange PARCEL: FI-25 APN: .669-091-017 anddn669-091-018 Dated: I•t a�[l //Yl�,22 CITY OF PALM SPRINGS, a municipal corporation B L1C��y ATTEST: l� David H. Ready, City Manag�— tPPROVED AS TO rORlv City Attorney James Thompson, City Clerk Date 3 APPROVED BY CITY COUNCIL tofs�a� ►�Sti06 tate of California ) ) ss County ) On before me, a Notary Publ' in and for said County and personally appeared who proved to me on the basis of sate cry evidence to be the person(s) whos e(s) is/are subscribed to the within instrument an nowledged to me that he/ hey executed the same in his/her/their authorized capacity(ies , d that by his/ eir signature(s) on the instrument the person(s), or the entity upon behalf hic person(s) acted, executed the instrument. I certify under PENALTY OF PERJUR der the laws of the a of California that the foregoing paragraph is true and co WITNESS my hand a icial seal. Signatur [SEAL] (IIIII IIIIIII IIII IIII IIIIIII IIIII 1111111111111111 IIII ea 12 20£I 1©19A 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: ,?ALM SpO iZ c Y N 4t4tN ronnu..S «r P I F00.HN • Signature: R — —� IA� AMES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5908 Document Date: March 6, 2013 E01� 9119032 1111111 Jill Jill 1111111113111111111111111111 D . 1C•t0o£ 1615R ASSESSOR'S PARCEL NO. 669-091-017, 669-091-018 Exhibit"A" PARCEL CI-25 A temporary easement for construction purposes in and to that portion of Parcel 1 of that certain notice of Lot Line Adjustment No. LLA 94-07 in the City of Palm Springs, County of Riverside, State of California, as recorded December 30, 1994 as Instrument No. 483867 of Official Records, in the office of the County Recorder of said County, more particularly described as follows: COMMENCING at the intersection of the Easterly line of said Parcel 1 with the Northeasterly Right-of-Way line of Garnet Avenue (said Northeasterly line as shown on Grant of Right-of-Way Document recorded November 4, 1998, as Instrument No. 479809, and said line being 15.240 meters Northeasterly, as measured at right angles from centerline); thence along said Northeasterly Right- of-Way line of Garnet Avenue N.76°08'01"W., 78.166 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Northeasterly Right-of-Way line N.76008'01"W., 1.951 meters to a tangent 4.572 meter radius curve to the right; thence (2) along said curve through a central angle of 76027'25", an arc length of 6.102 meters to the Easterly Right-of-Way line of Indian Avenue (16.764 meters Easterly, as measured at right angles from centerline); thence (3) along said Easterly Right-of-Way line N.00019'24'E., 48.926 meters to the Northerly line of said Parcel 1; thence (4) leaving said Easterly Right-of-Way line and along said Northerly line N.88051'42"E., 17.358 meters; thence (5) leaving said Northerly line S.00021'19"W., 11.797 meters; thence (6) N.89038'39"W., Page 1 of 2 IIIIII IIIIIII IIII III (IIII IIII 1111111111111111 III a �02/ 3 1 aP f1 16 0032yF 15.346 meters; thence (7) S.00019'24"W., 38.208 meters; thence (8) S.38009'45"E_, 5.460 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 287 sq. meters, 0.0287 hectares �QLANDS� Exp.1213110e 4 W,9-� 7, '02.Oa( N� No.7354 Michael A. Havener, PLS 7354 Date Exp. 12-31-09 FOF CAUF� Page 2 of 2 IIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111111 i915�9f106 EXHIBIT " B " L ,A, 98-08 TABULATED LINE DATA FirC, AUGUST 1, 1998 LINE BEARING _ LENGTH 1NST ND, 368379 0,R, L1 S 38'09'45° E 5.460 m N 88'51'42' E CI-25— Sly 15 14 17.358m� _ - - - - - - 2223 � S 00'21'1" W 11.797 m N 0019'24" E S 00'19'24" W cZ� N 89'38'39°W 48.926 m 38,208 m N 7g�g, " rE 7816601 w Q z a c� `� APN 669-091-017 1,9S1 m Z z °v n cl, ) LL1 ci,) CC) AppRpDETAIL NA N 76b8'0 W W o �7 � SyO X. LOCA \. a 000 m S 3 CI-25 `� 669,9 ON AssE OF uNf qg mrn � � v °_' � SNEE'1 Z 16.764 m o APN 669-091-018 _ TABULATED CURVE DATA CURVE I DELTA I RADIUS LENGTH Z ° OSEE DETAIL 'A' Cl 76 2Y2s' 4.572 m 6.102 m Ww N z P.O.C. N INT. E'LY uj N 76 or W LINE PAR. 1 3 co s F NTH NE'LY m m - � � 78 t6g R/W LINE OF .r n, F m GARNET AVE. N o /W .� 4798Cg RENSTR N0� 199g O.R. C. NOV. 4 o; ARNET A � V� ,_,`` ` NUe IAND SU LEGEND s� A TEMPORARY CONSTRUCTION EASEMENT E) �� t Hq 0 AREA = 287 S0. METERS (0.0287 HECTARES) P.O.C. POINT OF COMMENCEMENT f� T.P.O.B. TRUE POINT OF BEGINNING EXP. 31 DEC 09 * z? CI CITY OF PALM SPRINGS PARCEL NO. Pjq N0. 735k R/W RIGHT-OF-WAY C CAi-1�0 DISTANCES ARE IN METERS UNLESS �n pF PALM SPRINGS PAR. NO. : CI-25 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 2-02-09 SHEET 1 OF 1 SHEET (IIIII IIIIIII INIIII IIIIIII IIIII IIIII III IIIII IIII IIII ea 201 s©£les32Ga 4 RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: DOC tt 2@@J—@619221 Attn: James Thompson 12/02/2009 City clerk Customer Copy Labe; CITY OF PALM SPRINGS The paper to which this label i=_ 3200 E.Tahquitz Canyon Way affixed has not been compared Palm Springs, CA 92262 with the recorded document Larr� W Ward Exempt from recording charges County o Riverside under Government Code§6103 Assessor, County Clerk 8 Recorder 12.221\112008\001 PG\COjw (Space above this line reserved for Recorder's use) PROJECT: 1/10— Indian Avenue Interchange PARCEL: CI-25 APNs: 669-091-017 and 669-091-018 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Palm Springs Partners, LLC, A California Limited Liability Company, ("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 669-091-017 and 669-091-018, referenced as Parcel CI-25 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 three thousand eight six (3,086) square feet referenced as Parcel CI- 25 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. 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 1 IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIII III III ea 2013-0£100319A PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-25 APNs: 669-691-017 and 669-091-018 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. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement, including but not limited to, both existing driveways shall be open for ingress and egress at all times. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. 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 within the Easement Area. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. 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. 9. 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: John Waddell 31878 Del Obispo, #118-488 San Juan Capistrano, CA 92675 Phone Number: (949 436-2980 With Copy To: John F. O'Laughlin Attorney at Law 30342 Esperanza Rancho Santa Margarita, CA 92688 Phone Number: (949) 858-7800 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org 2 III it III III III IIII II IIII IIIII IIII II III 291�a£s 69:I iA PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-25 APNs: 669-091-017 and 669-091-018 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. 10. 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. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated Uar1E �3, Aoaq , 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. 12. 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. 13. 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 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. 14. 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 cant' out the intent of the parties hereto. 3 z01 III II 11111 III III 0, 9N f 16 1as3�sF PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-25 lAPNs: 669-091-017 and 669-091-018 15. 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. 16. 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. 17. 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. / GRANTOR: Dated: o — L 3 —�GU Palm Springs Partners, LLC, A California Limited Liability Company By: ,�' —(�/C' 4WI, eidohn Waddell, Manager CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUNCIL David H. Ready, ger lo•16,0$ ATTEST: By: mes Thompson, City Clerk APPRO ED AS TO FORM: WOODIRU , SPRADLIN & SMART By: ! fiy� DV. Ho'llandEseCity Attorney 4 IIII111111I III11111111111111111111111111111111111111111 �A> i 0of016 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss COUNTY OF� ) On w before me, 4S Tf L?dAM<lW Notary Public, personally a�d appeared [le II t---who proved to me on the basis of satisfactory evidence to be the person(e) whose name(o is/are subscribed to the within instrument and acknowledged to me that helsheAheg executed the same in his/keMheir- authorized capacity(im), and that by his/herftgeif 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: HAW— (s1 ZcZ This area for official notarial seal E M�oft C lon! I7�7iN �pC-CaNbnNo Coon 1 17V7N8 County Now p ftCC000"ft [0Sr�w/tE 7�2 W0WM8"=Mgr1e.7o12 Exhibit "A" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: i�IIIII IIIIIII IIII IIII IIIIIII IIII IIIII III IIIIII III IIII ea,2013--0 3fe0 e19A ASSESSOR'S PARCEL NO. 669-091-017, 669-091-018 Exhibit "A" PARCEL CI-25 A temporary easement for construction purposes in and to that portion of Parcel 1 of that certain notice of Lot Line Adjustment No. LLA 94-07 in the City of Palm Springs, County of Riverside, State of California, as recorded December 30, 1994 as Instrument No. 483867 of Official Records, in the office of the County Recorder of said County, more particularly described as follows: COMMENCING at the intersection of the Easterly line of said Parcel 1 with the Northeasterly Right-of-Way line of Garnet Avenue (said Northeasterly line as shown on Grant of Right-of-Way Document recorded November 4, 1998, as Instrument No. 479809, and said line being 15.240 meters Northeasterly, as measured at right angles from centerline); thence along said Northeasterly Right- of-Way line of Gamet Avenue N.76008'01'W., 78.166 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Northeasterly Right-of-Way line N.76°D8'01"W., 1.951 meters to a tangent 4.572 meter radius curve to the right; thence (2) along said curve through a central angle of 76027'25", an arc length of 6.102 meters to the Easterly Right-of-Way line of Indian Avenue (16.764 meters Easterly, as measured at right angles from centerline); thence (3) along said Easterly Right-of-Way line N.DO019'24'E., 48.926 meters to the Northerly line of said Parcel 1; thence (4) leaving said Easterly Right-of-Way line and along said Northerly line N.88051'42"E., 17.358 meters; thence (5) leaving said Northerly line S.00021'19"W., 11.797 meters; thence (6) N.89038'39"W., Page 1 of 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2013-0113032 3t 1 10of 1616R 15.346 meters, thence (7) 8.00019'24"W. , 38.208 meters; thence (8) S.38009'45"E., 5.460 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on the last day of the 24th month following the giving of notice or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 39371 1200. Area = 287 sq. meters, 0.0287 hectares C A. y5`F2L��1 o Exp.1213T1o49 i'�✓ �- O�-v+n./t Z -G 2. O°( �, No.M54 Michael A. Havener, PLS 7354 Date Exp. 12-31-09 OF CA Fc Page 2 of 2 201 III1I III 111111 II III a of016 L— XH I BI T " B " LA, 58 08 TABULATED LINE DATA n �. A J G U')T J J, 19 J 8 UNE BEARING LENGTH ]Ns L1 S 38'09'45" E 5.460 m N 88'51'42" E r it CI-25 1 1 J ,-r i-17.356 m J)2 2 J � S 00'21'19" W 11.797 m N 0019'24` E S 00'19'24" W N 89'38'39°W r 48.926 m 38.208 m #-15.346 m ~ N)8.68 01' W W E � \ . r1� C, \ 6 m > w E APN 669-091-017 i� m z coILI �� �]' ) a cj App\RDX DETAIL 'A"N 76'0s'01. �_ \m m o v CI-25 �) k� 6SgOk?J-09 pN SRON O Nf A\ W 0 a Z LL1 ` SNfEr Z 16.764 m o APN 669-091-018 TABULATED CURVE DATA N CURVE DELTA RADIUS LENGTH z ( ( /(� SEE DETAIL `A" Cl 17627'25-1 4.572 m 1 6.102 m z c P.O.C. W n N 7608,01" TNT. E'LY L'NE PAR. t F W WITH NE'LY 78,166 R/W LINE OF V• N F ` M GARNET AVE. m R/W 98�R �O\ a R�CT 4 VEND_ LEGEND ��p LAND S� 2 E� A. TEMPORARY CONSTRUCTION EASEMENT (TCE) 4FFo AREA = 287 SQ. METERS (0.0287 HECTARES) "� P P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING EXP. 31 DEC 09 CI CITY OF PALM SPRINGS PARCEL NO. I15 q0 35q ��Q R/W RIGHT-OF-WAY if OF, CA�\FO� e DISTANCES ARE IN METERS UNLESS CITY PALM SPRINGS PAR. NO. : CI-25 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.D0002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 3-27-09 SHEET 1 OF 1 SHEET d618 111111I IN 11111111111111 Ill 1 IIIIII III 1111 a ofe 1E1 F OF PALM S City of Palm Springs ' Office of the City Clerk o, rO4°oxn.co 3200 E.Tahquirz Canyon Way - Palm Springs,California 92262 O'14 FO R�s� Tel: (760) 323-9204 - Eax� (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 Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-091-017 and 666-091-018 dated: June 23, 2009, from, PALM SPRINGS PARTNERS, LLC a California Limited Liability Company Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 4th 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 4t" day of November, 2009. tJA THOMPSON rk 111111111 201 zs 119032 of 16 Post Office Box 2743 0 Palm Springs, California 92263-2743 DOCUMENT TRACKING Page:I Report: One document Detail December 14,2009 Condition: Document Numbera5908, Document# Description Approval Date Expiration Date Closed Date A5908 Acquisition of Right-of-Way Package 15 of 16 1011512008 Company Name: Palm Springs Partners, LLC Address: , , Group: ENGINEERING Service: In File xRef: MARCUS FULLER (760)323-8160 Ins.Status: Certificate and Policies are OK Document Tracking Items: Due Co-_mpleted Tracking Amount Amount Code Item Description Date Date Date Added Paid kdh Council appvd Item 2L Res 22365 10115/2008 kdh to CM for Sig 11/0212009 kdh to Marcus for recording 1110512009 ktlh escrow instr to CA for sig distrib to Marcus F IN FILE kdh Temp Constr Easement Deed 2009.0619221 1210212009 """ENO OF REPORT" B DOC # 2009-0619221 12/02/2009 08:00A Fee:NC Page 1 of 10 RECORDING REQUESTED BY Recorded in Official Records County of Rivcrsade Stewart Title Larry W. Ward P55e5Ser, County Clerk $ Recorder WHEN City CRrk ECOThompsonRDED ETURN TO: CITY OF PALM SPRINGS I I 3200 E.Tahquitz Canyon Way KS RqL465 GE SIZE DA MISC LONG RFD COPY Palm Springs, CA 92262Exempt from recording charges A 426 PCOR NCOR SMFiNCunder Government Code§6103 i 12.221\112008\001PG\COjw PROJECT: 1/10— Indian Avenue Interchange r^ PARCEL: CI-25 J' APNs. 669-091-017 and 659-091-018 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Palm Springs Partners, LLC, A California Limited Liability Company, ("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 669-091-017 and 669-091-018, referenced as Parcel CI-25 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 "heed"): 1. The temporary construction easement, used during construction of the project consists of approximately three thousand eight six (3,086) square feet referenced as Parcel CI- 25 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. 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 1 PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-25 APNs: 669-091-017 and 669-091-018 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. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement, including but not limited to, both existing driveways shall be open for ingress and egress at all times. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. 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 within the Easement Area. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. 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. 9. 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: John Waddell 31878 Del Obispo, #118-488 San Juan Capistrano, CA 92675 Phone Number: (949 436-2980 With Copy To: John F. O'Laughlin Attorney at Law 30342 Esperanza Rancho Santa Margarita, CA 92688 Phone Number: (949) 858-7800 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org 2 11111111111111111111111 2,ea z or 8o t�of 10 eeR PROJECT: 1/10—Indian Avenue Interchange PARCEL- CI-25 APNs: 669-091-017 and 669-091-018 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) 323-6253 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. 10. 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. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated :�Lwc ;a& acbR , 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. 12. 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. 13, 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 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. 14. 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. 3 11111111111111111111111 12/e�2�r2ees 08 90A 3 of 10 PROJECT: I/10—Indian Avenue Interchange PARCEL: CI-25 APNs: 669-091-017 and 669-091-018 15. 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. 16. 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. 17, 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. GRANTOR. Dated: b ^ L 3 —2-0y Palm Springs Partners, LLC, A California Limited Liability Company GJohn Waddell, Manager CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUNCI David H. Ready, 2 ger ATTEST: By: mes Thompson, City Clerk APPRO ED AS TO FORM: WOODRUTV SPRADLIN & SMART By: DpGglas . Ho�llandtEse, City Attorney 4 III III II II III IIIIII II III 111111111111111 izre2O4 of s eeR 4 0£ 8 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) �y� ,�� ) ss COUNTY OF ) On �oe, before me, � Tr1�//(��I� Notary Public, personally appeared t7�1n_16 11 who proved to me on the basis of satisfactory evidence to be the person(4) whose name( is/arc subscribed to the within instrument and acknowledged to me that hel&he44" executed the same in his/he - authorized capacity(ies), and that by his/he44eiF 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 -- - - �! �Yl �C '/ i64� My Commission Expires: _ �'`YT �a1 zoc- This area for official notarial seal VARY EAUVAMICK C Ion M 171071111110111 E, TI11 �s Mal Public-Calllo"" VANY ColnmMuon N 179705 9 Ong@ county �. Notary Public-Calllomla 69NIery14,2017 orongo County WCarma0%Mwl8.2D12 IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIII�IIIIIIII�IIIIIIIII�I 1E, 0£tg08 &A Exhibit"A" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. 11111 III 1111111 III Hill III IIII xz�e2e,6 of 8ul ��h ASSESSOR'S PARCEL NO. 669-091-017, 669-091-018 Exhibit "A" PARCEL CI-25 A temporary easement for construction purposes in and to that portion of Parcel 1 of that certain notice of Lot line Adjustment No, LLA 94-07 in the City of Palm Springs, County of Riverside, State of California, as recorded December 30, 1994 as Instrument No. 483867 of Official Records, in the office of the County Recorder of said County, more particularly described as follows: COMMENCING at the intersection of the Easterly line of said Parcel 1 with the Northeasterly Right-of-Way line of Garnet Avenue (said Northeasterly line as shown on Grant of Right-of-Way Document recorded November 4, 1998, as Instrument No. 479809, and said line being 15240 meters Northeasterly, as measured at right angles from centerline); thence along said Northeasterly Right- of-Way line of Garnet Avenue N.76°08'01"W., 78.166 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Northeasterly Right-of-Way line N.76°08'01"W., 1,951 meters to a tangent 4,572 meter radius curve to the right; thence (2) along said curve through a central angle of 76°27'26", an arc length of 6,102 meters to the Easterly Right-of-Way line of Indian Avenue (16.764 meters Easterly, as measured at right angles from centerline); thence (3) along said Easterly Right-of-Way line N.00°19'24'E., 48.926 meters to the Northerly line of said Parcel 1; thence (4) leaving said Easterly Right-of-Way line and along said Northerly line N.88051'42"E., 17,358 meters, thence (5) leaving said Northerly line S,00021'19"W., 11.797 meters; thence (6) N.89038'39"W., Page 1 cf 2 I I��I 1111111111111111 I II I� 12/92f2009 SS 69A 7 of 10 15.346 meters; thence (7) S.00019'24"W., 38.208 meters; thence (8) S.38'09'45"E., 5.460 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on the last day of the 24Ch month following the giving oC notice or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 287 sq. meters, 0.0287 hectares 4�� pELA lCl! I/✓v�_� ow—.tires 2 " �Z-O� r t5oar �I N� he 7854 `z r MicRael A. Havener, PLS 7354 Date Exp. 12-31-09 FQF CA�F�; Page 2 of 2 I�IIIIIIIIIIIIIIIIIII III IIIIIII IIIIIII III III i�reRse sle0eeF E X HS T 99 B 99 Lk �8-03 TABULATED LINE DATA r1 J c, A J r J zs 7 St -1 9 J s UNEJ BEARING I LENGTH 1N S JND. 388379 OAR, L1 S 38'09'45" E 1 5.460 m r N 88'5i'42" E CI-25, S11 l r 17.358 m -- W)� - 1.797 m N 00°19'24" E S 0019'24" W L�( 3W 48.926 m 6.208 m e' ,-15346m � N7666Q7L 87 " 7 V/ en i ) �� , fi z o E ~� s� � C� �� �T.P.O.B. z o `� `� APN 669-091-017 yg5j w , N m ? c �7 ZLl 9� z� AAARO pETAIL "A' 7soe'of' t� W m o 1 coSHORN_ LOCA77� a w CI-25 LLB ~ Co669-O9 ON ASSESSQR SHE,, q5~ a 16.764 m �{ o APN 669-091-018 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH z J� C1 76"27'25" 4.572 m 1 6.102 m SEE DETAIL °A° z P.D.C. w a N 78, INT. E'LY a o 6 0801' Ly LINE PAR_ 1 WITH NE'LY 0 78.166 R/W LINE OF N z m GARNET AVE. N v ~ 98,,R S7 7998 O.RRfC No• NCB 4 `� { vEjv tj1 -AND s. LEGEND SP A. 94`�, TEMPORARY CONSTRUCTION EASEMENT (TCE) .rj AREA ; 287 SQ. METERS (0.0267 HECTARES) 4 F P.O.C. POINT OF COMMENCEMENT �.C,4 ' T.P.O.B. TRUE POINT OF BEGINNING EXP, 31 DEC 09 CI CITY OF PALM SPRINGS PARCEL NO, P7gT No• 735b' R/W RIGHT--OF-WAY F OF, CA-0 DISTANCES ARE IN METERS UNLESS Clll' ®E PALM SPRINGS PAR, N0. : CI--25 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1,00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U,S, SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 3-27-09 SHEET 1 OF 1 SHEET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111 Hill lilIIIII 14 of 10)LA of PALM sA City of Palm Springs Office of the City Clerk A •LrpR 1 k rpi, ro 3200 E Tahgnvi Conyon Way • Palm Springs,CullFornin 92262 C•gZIFOYto" Tel 0160) 323-3204 • Fax: (760) 322-5332 • Web: www.pulm�prmgs-ca f ov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-091-017 and 666-091-018 dated: June 23, 2009, from, PALM SPRINGS PARTNERS, LLC a California Limited Liability Company Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 4th 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 4th day of November, 2009. JAMES THOMPSON City Clerk IIIIII I�IIIII IIIII IIIII IIIII III IIIIIII III IIIIII III IIII tG 2999jn £es s Pose Office Box 2743 • Palm Springs, California 92263-2743 CITY OF PALM SPRINGS OFFER TO RENT PROJECT: 1/10— Indian Avenue Interchange PARCEL: CI-25 APNs: 669-091-017 and 669-091-018 OWNER: Palm Springs Partners, LLC, A California Limited Liability Company The CITY OF PALM SPRINGS hereby makes you an offer of Ten Thousand Eight Hundred One Dollars ($10,801) as the rental price for a portion of the land known as Assessor's Parcel Numbers 669-091-017 and 669-091-018, identified as Parcel CI-25. 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 COU�NCIL'S APPROVAL. Dated:—A � By: David H. Ready, ager Received a copy of the above offer this day of 20 Palm Springs Partners, LLC, A California Limited Liability Company By: G�%G�" 'John Waddell, Manager CO:IW xx/xx/xx 001 PG APPROVED BY CITY COUNCIL 12.xxx L4, S�W QA •�'>n�•"'ai.K.ux^rc.^sum STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the City Council of the City of Palm Springs (Authority), the City of Palm Springs (Buyer) is in the process of acquiring private property necessary for public use. We are prepared to rent your property with title being subject only to any existing easements or restrictions of record. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title I of the Government Code, an estimate of just compensation in the amount of Ten Thousand Eight Hundred One Dollars ($10,801)has been made for the interest to be acquired in your property (see "Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. The appraisal takes into consideration the location of your property, its highest and best use, and current sales of properties similar to your property. DEFINITION OF FAIR MARKET VALUE The definition of fair market value as it applies herein is contained in Section 1263.320 of the Code of Civil Procedure of California, which is quoted in part as follows: "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by the seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." Just Compensation includes amounts for the land, improvements, severance damage if any, and other elements as follows. LAND $0 IMPROVEMENTS $0 DAMAGE TO THE REMAINDER $0 TEMPORARY CONSTRUCTION EASEMENT $10,801 OTHER $0 TOTAL $10,801 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL. DESCRIPTION: A Temporary Construction Easement, commencing with thirty (30) days notice as specified in the Temporary Construction Easement Agreement and continuing for a period of twenty four (24) months, or until the completion of the I-10/Indian Avenue Interchange Project, whichever shall be sooner. EXHIBIT "A" (Legal Description) ASSESSOR'S PARCEL NO- 669-091-017, 669-091-018 Exhibit"A" PARCEL CI-25 A temporary easement for construction purposes in and to that portion of Parcel 1 of that certain notice of Lot Line Adjustment No, L.LA 94-07 in the City of Palm Springs, County of Riverside, State of California, as recorded December 30, 1094 as Instrument No. 483867 of Official Records, in the office of the County Recorder of said County, more particularly described as follows: COMMENCING at the intersection of the Easterly line of said Parcel 1 with the Northeasterly Right-of-Way line of Garnet Avenue (said Northeasterly line as shown on Grant of Right-of-Way Document recorded November 4, 1998, as Instrument No. 479809, and said line being 15.240 meters Northeasterly, as measured at right angles from centerline); thence along said Northeasterly Right- of-Way line of Garnet Avenue N.76008'01"W-, 78,166 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Northeasterly Right-of-Way line N.76°08'01"W-, 1.951 meters to a tangent 4.572 meter radius curve to the right; thence (2) along said curve through a central angle of 76027'25", an arc length of 6-102 meters to the Easterly Right-of-Way line of Indian Avenue (16,764 meters Easterly, as measured at right angles from centerline); thence (3) along said Easterly Right-cf-Way line N.00019'24'E., 48.926 meters to the Northerly line of said Parcel 1; thence (4) leaving said Easterly Right-of--Way line and along said Northerly line N.88051'42"E., 17,358 meters; thence (5) leaving said Northerly line S,00021'19"W., 11.797 meters; thence (6) N.89038'39"W-, Page 1 of 2 15.346 meters; thence (7) 5.00019'24"W., 38.208 meters; thence (8) 5.38909'45"E., 5.460 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 287 sq. meters, 0.0287 hectares �p LAND SG� 1a� A. hq pL� GF �/ pw�rvu�i Z ' Z•OGf ,n No.7354 Mic ael A. Havener, PLS 7354 Date y Exp_ 12-31-09 �`�OFCAI�Fe� Page 2 of 2 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) I/We/They have been informed of my/our/their rights under Public Law 91.646 and State Statutes. (Initials) ! I/We/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No ✓1 There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address- Al 61L. Co. LZ. /6 g6 9z651 �L Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: �� By_ avid H. Ready, City er Received a copy of the above offer this day of Palm Springs Partners, LLC, A California Limited Liability Company By: ohn Waddell, Manager CO:jw x/x/x 001 PG APPP01/ED BY CElI`COC11`uCiO_ 12.xxx �1� r d�JW^ 6Mw iV5 r Nr xa(//1 ark Tien Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) I/We/They have been informed of my/our/their rights under Public Law 91.646 and State Statutes. (Initials) ! I/We/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No ✓1 There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address- Al 61L. Co. LZ. /6 g6 9z651 �L Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: �� By_ avid H. Ready, City er Received a copy of the above offer this day of Palm Springs Partners, LLC, A California Limited Liability Company By: ohn Waddell, Manager CO:jw x/x/x 001 PG APPP01/ED BY CElI`COC11`uCiO_ 12.xxx �1� r d�JW^ 6Mw iV5 r Nr xa(//1 ark Tien ESTOPPEL CERTIFICATE G & M Oil Company, Inc, ("Lessee") PROJECT: 1-101 Indian Ave Interchange PARCEL: CI-26 APN: 669-091-017 and 669-091-018 TO: CITY OF PALM SPRINGS ("City") 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Lessee hereby certifies that: 1. Lessee is the tenant in possession of 6600 N. Indian Canyon ❑rive, Palm Springs, CA (the "Premises"). 2. Lessee holds the Premises under a written lease entered into between Chevron U.S,A. Inc, (Lessee's predecessor in interest), as lessee and Palm Springs Partners, LLC, as lessor ("Lessor") dated January 19, 1998 ("Lease"). A copy of the Lease is attached to this certificate. There are no other agreements between Lessee and Lessor. 3. The present rent on the Premises is $5,077.00 per month. The rent has been paid through August, 2009. Lessee has paid $0.00 as a security deposit. 4. Lessee has not assigned the Lease or sublet the Premises. 5. Lessee has the option of extending the term of the Lease, 6, Lessee does not have an option to purchase the Premises or any other interest in the Premises other than the Lease, 7. As of the date of this certificate, Lessee is not in default in the performance of the Lease and Lessee has not committed any breach thereof. 8. To the best of Lessee's actual knowledge, Lessor is not in default in the performance of the Lease and has not committed any breach thereof. 9. Lessee has no claim against Lessor for any deposits except the above- mentioned security deposit. 10. To the best of Lessee's actual knowledge, as of the date of this certificate, Lessee has no defenses or offsets it could allege in any action brought against it for rents accruing under the Lease, 1 11. Lessee acknowledges that City is acquiring a temporary interest in real property from Lessor, as more specifically set forth in that certain Temporary Construction Easement Deed between Lessor and the City, which may affect the Premises. Lessee further acknowledges that City is entering into a negotiated agreement with Lessor in lieu of an action in eminent domain. Lessee acknowledges that full payment for said interest shall be paid to Lessor including but not limited to any consideration which may be due Lessee for loss of goodwill, business interruption, or any other basis or cause of action whatsoever. Lessee warrants that by execution of this certificate it is estopped from asserting a claim against the City for any reason or on any basis whatsoever related to the City's acquisition of the above-mentioned temporary interest in real property from Lessor. Further, Lessee hereby releases the City from any liability whatsoever as it relates to the City's acquisition of an interest in real property from Lessor as it affects the Premises. Lessee hereby affirms that it is not owed any compensation by and from the City as relates to the aforesaid acquisition. 12. Lessee makes this certificate with the understanding that City is considering acquiring an interest in real property from Lessor and that if City does acquire the interest, it will do so in material reliance on this certificate. Executed on October 2�+, 2009, at b cuu,$�_ County, California. Lessee declares under penalty of perjury that the foregoing is true and correct. G & M oil Co., LLC By:� Name: ep ec lK Its: <<q By: Name: Its: 2 1 CITY OF PALM SPRINGS 2 (Herein referred to as "City"), and 3 Palm Springs Partners, LLC, A California Limited Liability Company (Herein referred to as "Grantor") 5 PROJECT: 1-10/ Indian Ave Interchange PARCEL: CI-25 6 APNs: 669-091-017 and 669-091-018 7 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 8 5 1. The right is hereby granted City to enter upon and use the land of Grantor in the City of Palm Springs, County of Riverside, State of California, described as Assessor's Parcel 10 Numbers 669-091-017 and 669-091-018, depicted on the plat map attached hereto, and made a part hereof, for all purposes necessary to facilitate and accomplish the construction and 11 installation of Indian Avenue and 1-10 interchange. 12 2. The temporary construction easement, used during construction of the project consists of approximately three thousand eight six (3,086) square feet as designated on the 13 attached legal description, referenced as Exhibit "A", and plat map, referenced as Exhibit "B" ("Easement Area"). 14 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights 15 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 project, whichever shall be sooner, 16 at which time this agreement shall be deemed null and void. 17 4. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials 18 thereon by City, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and 19 whenever necessary for the purpose of constructing the Road. City agrees not to damage Grantor's property in the process of performing such activities. 20 5. At the termination of the period of use of Grantor's land by City, but before its 21 relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded and left in a neat condition. 22 6. Grantor shall be held harmless from all claims of third persons arising from the 23 use by City of Grantor's land. 29 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. 25 1 1 8. This agreement, together with the recorded Temporary Construction Easement Deed ("Deed"), is the result of negotiations between the parties hereto. This agreement and 2 the Deed are intended by the parties as a final expression of their understanding with respect to the matters herein and therein and is a complete and exclusive statement of the terms and 3 conditions thereof. q 9. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 5 10. This agreement and the Deed supersede any and all other prior agreements or 6 understandings, oral or written, in connection therewith. 7 11. Grantor, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and s severally liable thereunder. 9 12. City agrees to pay Grantor for the right to enter upon and use Grantor's land in accordance with the terms hereof. 10 13. City agrees that at no point in time shall any of the existing driveways be closed. 11 14, City shall pay to the order of Grantor the sum of Ten Thousand Eight Hundred 12 One Dollars ($10,801) for the right to enter upon and use Grantor's land in accordance with the terms hereof. 13 14 (SIGNATURE PAGE FOLLOWS] 15 16 17 16 19 20 21 22 23 24 25 2 1 / 2 Dated: O 2 3 2009 3 Palm Springs Partners, LLC, A California Limited Liability Company 4 6 Tohn Waddell, Manager 7 a CITY OF PALM SPRINGS, a municipal corporation APPROVED BY C!N COUNCIL 8y: 10 David H. Ready,2§jagFirger �� �� 10 l�s•o`� F' 11 ATTEST: 12 �dra�°(ies Thompson, City Clerk 14 (/// 15 APPROVED AS TO FORM: 16 WOODRDR , SPRADLIN & SMART ,7 p�q By: 18 D�uglas . Hollaqd�sq., City Attorney ;D:jw AN 19 )01 PG 12 xxx 20 21 7.2 23 24 25 -• 3 ASSESSOR'S PARCEL. NO. 669-091-017, 669-091-018 Exhibit"A" PARCEL CI-25 A temporary easement for construction purposes in and to that portion of Parcel 1 of that certain notice of Lot Line Adjustment No. LLA 94-07 in the City of Palm Springs, County of Riverside, State of California, as recorded December 30, 1994 as Instrument No. 483867 of Official Records, in the office of the County Recorder of said County, more particularly described as follows: COMMENCING at the intersection of the Easterly line of said Parcel 1 with the Northeasterly Right-of-Way line of Garnet Avenue (said Northeasterly line as shown on Grant of Right-of-Way Document recorded November 4, 1998, as Instrument No. 479809, and said line being 15.240 meters Northeasterly,as measured at right angles from centerline); thence along said Northeasterly Right- of-Way line of Garnet Avenue N.76°08'01"W., 78,166 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Northeasterly Right-of-Way line N.76008'01"W., 1951. meters to a tangent 4.572 meter radius curve to the right; thence (2) along said curve through a central angle of 76927'25", an are length of 6,102 meters to the Easterly Right-of Way line of Indian Avenue (16,764 meters Easterly, as measured at right angles from centerline); thence (3) along said Easterly Right-cf-Way line N.00019'24'E., 48.926 meters to the Northerly line of said Parcel 1; thence (4) leaving said Easterly Right-of--Way line and along said Northerly line N.8B051'42"E_, 17,358 meters; thence (5) leaving said Northerly fine SA0021'19"W_, 11.797 meters; thence (6) N.89038'39"W_, Page 1 of 2 15.346 meters; thence (7) 5.00019'24"W., 38.208 meters; thence (8) 5.38009'45"E„ 5.460 meters to the TRUE POINT OF BEGINNING_ The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zane 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200 Area � 287 sq. meters, 0.0287 hectares A. l Exp,12131/oa i� No.7354 `Q. �• Michael A. Havener, PLS 7354 gate Exp. 12-31-09 Page 2 of 2 EXHIBIT 99 B 99 I�, TABULATED LINE DATA r r-� P)JrUDT 199ip Ll L S 38'09'45" E BEARING 5-460 m LENGTH INSR7. Na BB379 D,;i, L7 N 42" E _ CI-25� S�1 JJ 14 r 17.3517.358 m-� 2 )J S001L7, 9" W 2 ' 1. 97 m N 00-19-24' E S 0079'24" W N 89'38'39"W 48.926 m 38.208 m �15.346 m� N 76 1 7g 15�07" W 'trO 7 z m APN 669--091-017 N g w c4 v{ U S1 IN +L" 76 oa'ol" �v o ) = c"� S'80 ft 'OCA77� CI-25 eBs 0y DN ASS�N Dp LINE o SOR SN AS z L) r eE7 c- 16-764 m o APN 669-091-018 TABULATED CURVE DATA CURVE DELTA RADIUS I LENGTH SEE DETAIL °AE Cl 176-27-25-1 4.572 m 1 6.102 m aw z P.O.C. a d N 7 INT. E'LY m"o 60g01" Iy LINE PAR. 1 s WITH NEWLY a m 78.166 R/W LINE OF r m GARNET AVE. P� 4798p9 1NS7R. 1 v �{ lss8 OR.�C NOS 4 ~ � T i CA A vEiv - LEGEND yip 1-AND SLRL� ,Jo- .I TEMPORARY CONSTRUCTION EASEMENT (TCE) y4 G PEA �GF�� AREA = 287 SQ, METERS (0.0287 HECTARES) P.O-C- POINT OF COMMENCEMENT A� T-P.O.B. TRUE POINT OF BEGINNING EXP. 31 DEC 09 GI CITY OF PALM SPRINGS PARCEL NO- *TSTEVo 735ka��\ R/W RIGHT-OF-WAY OF CALIF A DISTANCES ARE IN METERS UNLESS �11� �� PALM, SPRINGS NO, : CI-25 OTHERWISE NOTED, MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT; 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MUL71PLY DISTANCES BY 3937/1200. DATE: 3-27-09 ISHEET 1 OF 1 SHEET