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HomeMy WebLinkAbout05883 - OAKTREE APARTMENTS ACQUISITION OF R/W FOR INDIAN CYN AND I10 INTCHG DOCUMENT TRACKING Page:1 Report: One Document Detail December 14,2009 Condition; Document Numbera5883, Document# Description Approval Date Expiration Date Closed Date A5893 Acquisition of Right-of-Way Package 12 of 15 1011512008 Company Name: Oaktree Apartments Address; , , Group: ENGINEERING Service: In File xRef: MARCU5 FULLER (760)323.8160 Ins.Status: Certificate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid kdh Council appud Item 2L Res 22365 10/15/2008 kdh to CA for Sig 10/2112009 Win to Marcus for recording 1110212009 kdh 2009-0619220 Quitclaim Deed 1210212009 kdh to CM for Sig 10122/2009 ""`"'END OF REPORT* DOC # 2009-0619220 12/02/2009 08:OOA Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside RECORDING REQUESTED BY Larry W. Ward StcwanTitle Assessor, IICounty Clerk II&II Recorder WHEN RECORDED RETURN T0: Attn: Jamcs Thompson S R 11 PAGE SIZEIIIIIIII DAAAAA MISC LONG RFD COPY City Clerk CITY OF PALM SPRINGS Palm E. tz Canyon Way M Palm Springs, CA 92262 A L 465 426 PCOR NCOR SMF NCWG 4M rs J 13.003\093009\001PG\COjw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code § 6103 QUITCLAIM DEED A5883 APN: 666-370-022 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, CIAKTREE APARTMENTS, A GENERAL PARTNERSHIP, hereinafter called "Grantor" hereby REMISES, RELEASES AND QUITCLAIMS to. CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee' the following property in the County of Riverside, State of California, described as' See Exhibit "A" and "B" attached hereto and made a part hereof 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.) ROW: 1-10 and Indian Interchange TOGETHER with: 1. All tenements, heredltaments 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. r^F � I � Date: Gvf / -D, GRANTOR: OAKTREE APARTMENTS, A GENERAL PARTNERSHIP By: /Greg Tab artn By: Chris Taber, Partner IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII II �IIIIII 1`00ze61ee�aF ROW: 1-10 and Indian Interchange EXHIBIT"A" INDIAN AVENUE QUITCLAIM AREA PARCEL 21504-1 THAT PORTION 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 RIVERSIDE COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT"C"; (1) THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT"C" S. 45°0T24" E., 14.297 METERS; (2)THENCE LEAVING SAID NORTHEASTERLY LINE S. 44-56'36"W., 9.754 METERS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT"C"; (3)THENCE ALONG SAID SOUTHWESTERLY LINE N. 45"03'24"W., 4.698 METERS TO THE SOUTHWESTERLY CORNER OF SAID LOT"C"; (4)THENCE ALONG THE WEST LINE OF SAID LOT"C" N. 00°24'04" E., 13.685 METERS TO THE POINT OF BEGINNING. CONTAINING 92.6 SO. METERS, 997 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 (1) 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. MICR EL A. HAVENER, PLS 7354 DATE EXP. 12-31-09 a��OA yqp, pf� '' � F,cp.lvalro9" No.73554 `q- THIS :=, ,?NiEN" REVIEWED BY y i w1y�' 'y c CIS ^l SURVEYQR. TFOF CAG�F�� DATE:�! II I IPage 1 of 1 II II III IIII II I AA A A 11 II��III II III 0 £1 s�e iz e�ea eF -port, -112 EXHIBIT " B " r'M QUITCLAIM AREA a 5, rig 4 r, n r� 'ram " m'-'i'"," REVIEWED BY 1�J1, f R��r .,x . N .T suavEroa. NE'LY LINE OF DEED TO THE COUNTY OF RIVERSIDE REC. JULY 22. 1986 AS 1 DOC. NO. 86-171822 O.R. 7 \ c.7 Sr: \ NE'LY LINE OF DEED TO \ STATE OF CALIFORNIA \ REC. JAN, 12, 1966 AS INSTR. NO. 3948 O.R. C tiD LAND 3U P.O.B. APN 666-370 A. yq��F \ MOST N'LY -022 COR. LOT "C" PER PM 134/ \ 88-89 * EXP. 31 DEC 09 * f/ 9 \\ PARCEL sr �P p f�ti '9L 'xs \ yo 21504-1 9T N0. 735k F \ O• P OF CA41F0� 9 iyOG r�'S ✓ Y \\ r}s#�tr, �s ro 2i 111, w� yo ,pFc? 9111011 10 y F`co LEGEND � °yam 4,� QUITCLAIM AREA ,96� 1 . s q AREA = 92.6 SQ. METERS (997 SQUARE FEET) �3A Asp \ P.O.B. POINT OF BEGINNING ry�Lk\ \ I I I TT ACCESS PROHIBITED \ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. : 21504-1 \ OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE: 9-18-09 SHEET 1 OF 1 SHEET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII zz.a�y�0£LOEc00R ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTYOF_ On © ��/z� before me, �_ rlA lNotary Public, personally appeared r IS ' d ✓ - who proved to me on the basis of satisfactory evidence to be the perso whose name( is/ re subscribed he within instrument and acknowledged to e�t a h J�he/they executed the same i his er/their authorized capacityy�je3�and that y hl er/their signature, } n the Instrument the person- 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. W m Lanc official seal. _ gnat I re My Commission Expires: This area for official notarial seal STEPHI A.VILLANHEVA COMM, #1699793 z za Notary PubhC •California o Riverside County M Comm.E: fires Oct.20,201 I IIIIII III�III IIIII IIIII IIIII III IIIIIII III IIIII IIII IIII lada5 08 73�PAF ROW: 1-10 and Indian Interchange ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF 11 e F $I G CI ) ss. On Sher before me, ?/ /� ��e!��Notary Public, personally appeared j2a 19-I2Prl _ who proved to me on the basis of satisfactory e✓ridence to be the person whose namt�p is/are subscribed to the within instrument and acknowledged to me 3ha ee - executed the same i is her�their authorized capacit*CFS- and that his/ erthei/ r signattur�-on the instrument the person(s), or the entity upon behalf of which th rson(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. T SS my nd and official seal. i �SiS re �'My Commission Expires- This area for official notarial seal t S7EPNIA. .1 ANOEVA COMM. re1699793 Z s Notary Pu61ic•Calitdnia z Riverside County M Comm.e, fires Oct.31,2010 IIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIIIIII IIIIIIIIIIII IIII 12 RR?2 05t08 OLA ROW: 1-10 and Indian Interchange OF PALM SA -0 City of Palm Springs Office of the City Clei-k cO"ortn.c�' --,-)00 6. 1211qu¢Z(Anyun Way • PlIm Springs, CaliCornin 92262 Cq(1FQ R��P Tcl: (760) 323-92N • Fax (760) "�22-�7,32 • Wcb www p,lmspnngs-ca.gov A5883 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by QUITCLAIM DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit"A" APN; 666-370-022 dated: October 15, 2009, from, OAKTREE APARTMENTS, A GENERAL PARTNERSHIP, 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 2No day of November, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20256 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 2ND day of November, 2009. AClAMS E THO Clerk II I I I r Ir I 26©9-061522A IIAIIII�IIAIIIIIIIIIIIIAIIII�III llllllllll111I l 11 lvwv7 'r 7 aeR— Post Office Box 2743 Palm. Springs, California 92263-2743 CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1/10 — Indian Avenue Interchange PARCEL: 21504-1 APN: 666-370.022 OWNER: OAKTREE APARTMENTS, A GENERAL PARTNERSHIP The CITY OF PALM SPRINGS hereby makes you an offer of One Thousand and Five Hundred Dollars ($1,500) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-022, identified as Parcel 21504-1. 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 APPROVAL. r Dated: David H. Ready, Ci ager Received a copy of the above offer this day of 120 OAKTREE APARTMENTS, A GENERAL APPROVED BY CITY COUNCIL PARTNERSHIP h alb yfl 1�I 9� Pe �`b .r -- - By: 4City AS TO FORM Greg T�r, Pa r By: ttorney Chris Taber, Partner weq COjw 10/30/0s 001PG 13.003 ROW: 1-10 and Indian Interchange Project: 1-10 and Indian Avenue Interchange Project No.; 001 PG APN; 666-370-022 Parcel No.: 21504-1 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 OAKTREE APARTMENTS, A GENERAL PARTNERSHIP ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately nine hundred ninety seven (997) 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 Numbers 21504-1 which is a portion of Assessor's Parcel No. 666-370-022, more particularly described on Exhibit A attached hereto (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. 1.2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be One Thousand and Five Hundred Dollars ($1,500) payable as cash at closing. 2. QUIT CLAIM OF PROPERTY. 2.1. Closing Date; Conditions Precedent to Close Administratively. Provided all of the conditions precedent set forth in this Section 2.1 have been satisfied the Property shall be transferred from Seller to Buyer by way of a Quitclaim Deed which transfer shall occur on or ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions before November 15, 2009 (the "Closing Date") As used in this Agreement, the "Transfer" shall mean the date a Quitclaim Deed, as provided in Section 2.2.2 hereof ("Quitclaim Deed"), is recorded in the Official Records of the County. 2.2, Closing Documents. The parties shall deliver the following prior to the Transfer: 2.2.1 Buyer's Deposits. Buyer shall deliver to Seller- (a) The Purchase Price; and 2.22 Seller's Deposits. Seller shall deliver to Buyer: (a) The Quitclaim Deed in the form of Exhibit C attached hereto. 2.2.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement. 22.4 Title and Possession. Upon the Transfer, title to and exclusive possession of the Property shall be conveyed to Buyer, 3. ACTIONS PENDING CLOSING. 3.1. 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 commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for Such possession and use. 4. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any, Relocation assistance, if any, will be handled via separate Agreement. 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 ROW: I-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 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 Transfer. 5.3. Entire Agreement, This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated 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. 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. Seyerability. 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, 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 teleccpier, 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 ROW: I-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions With a copy to: Attn. Craig Olsen Right-of-Way Acquisition Agent County of Riverside 3403 10t" Street, Suite 500 Riverside, CA 92501 Facsimile No.: (951) 955-4837 Telephone No.: (951) 955-4822 If to Seller, to: Attn: Greg Taber and Chris Taber 1501 7" Street Riverside, CA 92507 Telephone No.: (951) 683-8744 5.8, Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims 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." Seller's nitials 5.9. 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] ROW 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 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 OAKTREE APARTMENTS, A GENERAL cor oration, PARTNERSHIP David H. Ready, - By: City Manager "Greg yd r, Pa er Attest: By. CC�� Chris Taber, Partner J mes Thompson ity Clerk P13PPDVEC BY CITY COUNCIL Approved as to orm by: Q1h.- ab3b +q•�(^p �ry� WOOD , SPRADLIN & SMART Douglas olland, Esq. City Att7rney Exhibit List Exhibit A Legal Description of the Property Exhibit B Depiction of Property Exhibit C Form of Quitclaim Deed ROW: 1-10 and Indian Interchange EXHIBIT"A" INDIAN AVENUE QUITCLAIM AREA PARCEL 21504-1 THAT PORTION 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 RIVERSIDE COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT"C"; (1)THENCE ALONG THE NORTHEASTERLY LI NE OF SAID LOT"C"S.45°03'24" E., 14.297 METERS; (2)THENCE LEAVING SAID NORTHEASTERLY LINE S. 44°56'36"W„ 9,764 METERS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "C"; (3)THENCE ALONG SAID SOUTHWESTERLY LINE N. 45-03-24"W., 4,698 METERS TO THE SOUTHWESTERLY CORNER OF SAID LOT"C"; (4)THENCE ALONG THE WEST LINE OF SAID LOT"C" N. 00'24'04" E., 13.685 METERS TO THE POINT OF BEGINNING. CONTAINING 92.6 SO, METERS, 997 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(1) 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. MICHAEL A. HAVENER. PLS 7354 DATE EXP. 12-31-09 T � . ND.7354 +IZ7 TFOF CA Page 1 of 1 Ra EXHIBIT " B " `j r(,J', 1L I� QUITCLAIM AREA NE'LY LINE OF DEED TO THE COUNTY OF RIVERSIDE Cc)REC. JULY 22, 1986 AS DOC. NO. 86-171822 O.R. \ �) � \ 1 \\ NE'LY LINE OF DEED TOa \ STATE OF CALIFORNIA \ REC. JAN. 12, 1968 AS \ INSTR. NO. 3948 O.R. r �p LAND S� �p-y \ ti�•�h� P.O.B. APN 666-37D MOST WILY -022 COR. LOT "C" PER PM 134/ / U \ 88-89 EXP. 31 DEC 09 f/ 9 \\ PARCEL 21504-1 lqr °F AL,FO¢�\ 93'��y��/ r�'r �v Ys�drr. l ro 2 syF �S � s. o r — off ydF Td ?du 7✓ti \ y d 9�}e O\ LEGEND G \ QUITCLAIM AREA 96� 19 ad', AREA = 92.6 SQ. METERS (997 SQUARE FEET) �r }6 \ � P.036 POINT OF BEGINNING ITT \ ACCESS PROHIBITED \ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR, N0. : 21504-1 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH By 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES, DATE: 9-18-09 SWEET 1 OF 1 SWEET EXHIBIT C FORM OF QUITCLAIM 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 13.003\093009\001PG\COiw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code § 6103 QUITCLAIM DEED APN: 666-370-022 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, OAKTREE APARTMENTS, A GENERAL PARTNERSHIP, hereinafter called "Grantor' hereby REMISES, RELEASES AND QUITCLAIMS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the following property in the County of Riverside, State of California, described as: See Exhibit "A" and "B" attached hereto and made a part hereof 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 ROW: 1-10 and Indian Interchange 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 Fights 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: OAKTREE APARTMENTS, A GENERAL PARTNERSHIP By: Greg Taber, Partner By. Chris Taber, Partner 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 QUITCLAIM AREA PARCEL 21604-1 THAT PORTION 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 RIVERSIDE COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT"C"; (1)THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT"C" S.45°03'24" E., 14.297 METERS, (2)THENCE LEAVING SAID NORTHEASTERLY LINE S. 44'56'36'W., 9.754 METERS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT"C"; (3)THENCE ALONG SAID SOUTHWESTERLY LINE N. 45'03'24"W., 4.696 METERS TO THE SOUTHWESTERLY CORNER OF SAID LOT"C' (4)THENCE ALONG THE WEST LINE OF SAID LOT"C" N. 00-24'04" E., 13.685 METERS TO THE POINT OF BEGINNINQ. CONTAINING 92.6 SQ. METERS, 997 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 (1) 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 1963, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1,00002594 TO OBTAIN GROUND DISTANCES. MICHAEL A. HAVENER, PLS 7354 DATE LAN D EXP 12-31-09 p S6 as �`A.H4i'. F� a�1: ti Fxp.121311WO 1� No.7354 J OF Cp4� Page 1 of 1 EXHIBIT " B " J r C, J 1f QUITCLAIM AREA ri,�i, 1J�J/7J NEWLY LINE OF DEED TO THE COUNTY OF RIVERSIDE CC)REC. JULY 22, 1986 AS 1 DOC. NO. 86-171822 O.R. LL, \\ NELY LINE OF DEED TO S? \ STATE OF CAUFORNIA \ REC, JAN. 12, 1966 AS \\ r INSTR, NO. 3948 O.R. \ � �ANo P.O.B. ' h� APN 666-37D Eo s� � \ �� 4.��pf-1' A• H RL� e��,(k'� \\ MOST N'LY —022 PER PM 134/ 1 \ 88-89 EXP. 31 0Ec 09 j 9 9 \\ PARCEL ti 21504-1 OlpFi yo ,p n 2� �n ` \ �y u• �� LEGEND QUITCLAIM AREA 9>Ss•, ® AREA = 92.6 SQ. METERS (997 SQUARE FEET) S s< P.O.B. POINT OF BEGINNING -FT-FT-FT ACCESS PROHIBITED \\ DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. : 21504-1 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT; 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE- 9-18-09 514EET 1 OF 1 SHEET CERTIFICATE OF ACCEPTANCE This 1s to certify that the interest in real property conveyed by Quitclaim 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