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HomeMy WebLinkAbout05812 - CONVENIENCE RETAILERS LLC I-10 INTERCHG R/W ACQUISITION DOC # 2013-0119027 03/22/2013 09:19A Fee:NC Page 1 of 15 RECORDING REQUESTED BY Recorded in Official Records Attn: James Thompson County of Riverside City Clerk Larry W. Ward CITY OF PALM Assessor, County Clerk & Recorder Palm Springs, CA 92 62 Way 11111111111111111111111111111 III1I 11111 III11111 II 1111 FREE RECORDING S R U PAGE SIZE DA MISC LONG RFD COPY This instrument is for the benefit of the CITY OF PALM SPRINGS,and is 1' entitled to be recorded without fee. M A L 465 1 426 1 PCOR NCOR SMF CHG E7'm (Govt. Code 6103) b S1 �... ' L. T: CTY UNI IS SS:ra/011613/001 PG/15.623 (Space above this line reserved for Recorder's use) � z PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 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 CONVENIENCE RETAILERS LLC, A DELAWARE 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 5/5/2009 as Document#2009-0221995, records of said County attached here to and made a pare hereto. G�5 13'D3� PROJECT: . 1/10 — Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 Dated: 1&ff ! 60, a/3 CITY OF PALM SPRINGS, a municipal corporation David H. Ready, City M ger AS TO FORM ATTEST: ames Thompson, City Clerk -3ate APPROVED BY CITY COUNCIL 5�� p�-�-�-p�.p-try R�5 �� 65 id►s��q_ e of California ) ) SS County of ) On , before me, <Notary Public in and for said County a State, personally appeared who proved to me on the basis o i actory evidence to be person(s) whose name(s) is/are subscribed to the within instrument acknowledge o me that he/she/they executed the same in his/her/their authorized capacity a that by his/her/their signature(s) on the instrument the person(s), or the entity upon f which the person(s) acted, executed the instrument. I certify under PENALTY OF RJURY under the laws of the tate of California that the foregoing paragraph is tr and correct. WITNESS my nd and official seal. Sign re [SEAL] IIII II IIII IIII IIII IIIIIII IIIII IIIII II IIIII IIII III 10120 f1 15 0?15R 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 6`h day of March, 2013: �Of pPLM sp4 iZ O Y N yo «r4f/FORd�P. Signature: MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5812 Document Date: March 6, 2013 ASSESSOR'S PARCEL NO. 666-330-039 Exhibit"A" PARCEL CI-14 A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, lying Southerly of the Southerly line of Parcel 1 of Parcel Map 15975 and Easterly of the Easterly line of Parcel 2 of said Parcel Map 15975, as per map recorded in Book 110, page(s) 40, of Parcel Maps, in the office of the County Recorder of said County and Northerly of the Northerly line of the land conveyed to the State of California by deed recorded October 7, 1965 as Instrument No. 114904, Official Records, more particularly described as follows: BEGINNING at the Southeasterly comer of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, California, and said point also being on the Northwesterly Right-of-Way line of 20`hAvenue (15.240 meters Northwesterly, as measured radial from centerline); thence leaving said Northwesterly Right-of-Way line along the Easterly line of said Parcel 4 (1) N.07021'35"E., 3.389 meters; thence (2) leaving said Easterly line from a tangent which bears 5.69°53'11 V., Easterly along a 185.880 meter radius curve to the right, through a central angle of 1055'31", an arc length of 6.246 meters; thence (3) N.17-15'15"W., 3.000 meters; thence (4) from a tangent which bears S.71049'35"W., Easterly along a 188.880 meter radius curve to the right, through a central angle of 4039'46", an arc length of 15,371 meters; thence (5) S.14024'43"E., 3.000 meters; thence (6)from a Page 1 of 2 IIIII IIIII I II III III III II III I III as 19140£ley tangent which bears S.76030'14"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 6°22'59", an arc length of 20.708 meters; thence (7) N.41053'42"E., 6.789 meters; thence (8) N.00023'15"E., 12.083 meters; thence (9) S.89036'44"E., 3.000 meters to a point on the Westerly Right- of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline); thence along said Westerly Right-of-Way line (10) S.00023'14"W., 13.220 meters; thence (11) S.41053'40"W., 9.052 meters to a point on said Northerly Right-of-Way line of 20t" Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence (12) from a tangent which bears N.83014'14"E., Westerly along said Northerly Right-of-Way line and a 182.880 meter radius curve to the left, through a central angle of 13050'26", an arc length of 44.177 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 = 237.135 sq. meters, 0.0237 hectares. U A. Hq�2LF f `f- c2-0� 213vo9 M ci hael A. Havener, PLS 7354 Date N No 7a4 Exp. 12-31-09 9T FOF Page 2 of 2 II 11111 II III a ,A f5N£1 15 00ci�F EXHIBIT $' B " r AR, 2 (P-Af'S. J PJ\il 110/40) F= P J Fri, S Lr' 1/42 ,mil d ttl t l 11J '1�l W�o Cif C/7 r, 3 S, R, 4 �, ,rc]Z� 16.764 m ra lVl ,Bljvj, W r C T) to APN 666-330-039 ::) 0, 162/16-15 z S 8936'44" E -- C1) Z I 3.000 m > 6- LL Ltd f r1T1, f E 1 2\ w I E IC W\ �I`c0 -.I�RI "m0 N M Z —� L, � lIo T �l� z L ��o "� f !?IIz CZ 9 ~ C4 CI-14 II0 �Aa+ u u `r I 9E LAND N UR Hq �F NE o�P.O.B. 3 3 C� R/W LINE PER INST. ~ a 152I�6' \ 2 NO. 211202 REC. 9/19/85 O.R. EXP. 31 DEC 09 a (CS MAP 204-483) nlq�40. 735A LEGEND I N T rr,'IAIr 1J OF CAL1E ® TEMPORARY CONSTRUCTION EASEMENT (TCE) TABULATED CURVE DATA AREA = 237.1 S0. METERS (0.0237 HECTARES) CURVE DELTA RADIUS LENGTH P.O.B. POINT OF BEGINNING Cl 1'5531" 185.880 m 6.246 m C2 4'39'46" 188.880 m 15.371 m R/W RIGHT-OF-WAY G3 6'2759" 185.880 m 20.708 m CI CITY OF PALM SPRINGS PAR. N0. C4 13'50'26' 182.880 m 44.177 m DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-14 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-101INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 3-27-09 ISKET i OF 1 SHEET 2�1 �l IN 1111111 fill 1111111111111111111119a 60of 01519E c ' RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: DOC N ZOOO-0221995 Attn: James Thompson 05/05/2009 City Clerk CITY OF PALM SPRINGS Customer Copy Label 3200 E.Tahqultz Canyon Way The paper to which this label is Palm Springs, CA 92262 affixed has not been compared with the recorded document Exempt from recording charges Larr1 W Ward under Government Code §6103 County o Riverside Assessor, County Clerk & Recorder 12.339\1 12008\00 1 PG\CO7w (Space above this line reserved for Recorder's use) PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CONVENIENCE RETAILERS LLC, A DELAWARE 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 Number 666-330-039 referenced as Parcel CI-14 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 two thousand five hundred fifty two (2,552) square feet referenced as Parcel CI-14 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 IIII II IIII III IIII IIII I IIIII IIIII II IIIII IIII III © 20137 o-011907 1521eF PROJECT: 1/10- Indian Avenue Interchange PARCEL: CI-14, APN: 666-330-039 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 and record the quitclaim deed to remove the Temporary Construction Easement from the County records. 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 thereon. Notwithstanding the foregoing, Grantee shall protect in place the two (2) existing Conoco-Phillips identification signs located within the Easement Area and Grantee will use reasonable efforts to restore existing site improvements to their condition as it exists at the time of execution of this Temporary Construction Easement. 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: Convenience Retailers LLC c/o Pacific Convenience & Fuels, LLC and PetroSun Fuel, Inc. Attention: Real Estate Department 22026 68" Avenue So. Kent, WA 98032-1939 P. 0. Box 160 Kent, WA 98035 Phone Number (253)437-5980 Fax (253)872-5616 If to Citv: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, CA 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 2 �IIII IIII II III III IIIIIII I��I IIII III 111111111 IN e i zU8 f 15 F PROJECT: 1/10 —Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 E-mail address: JRForce@rc-facilities.org With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, CA 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 /rlaitCF1 Z`{, Lacq , 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 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0�'22ige 09 19A PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 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. I GRANTOR: Dated: ky6rW , Convenience Retailers LLC, a Delaware Limited Liability Company By: ✓�� -- Sam Hirbod, President CITY OF PALM SPRINGS, a municipal corporation By APPROVcD BY CITY COUNCIL David H. Ready, City a 10.60b �12 ATTEST: 4 By: _ By: Thompson, City Clerk APPROVED AS TO FORM: W RUFF, SPRADLIN & SMART By: Dou as C. Hollan , Esq., City Attorney 4 IIIIIIII IIIII IIIIIIIIIIIII IIII IIIIIIIIII IIII 63�A120 10 of5 1519A Y ACKNOWLEDGEMENT STATE OF CALIFORNIA ) / �' ss COUNTY OF C-Qry- lrtj i 4r, ) On before me,G�}'1P� y L Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persAMfir whose name ) s are subscribed to the within instrument and ackn ledged to me thatshe/they a ecuted the same ink! /her/their authorized capacit es), and that by&i /her signature) on the instrument the persog(s), or the entity upon behalf of which the personv) 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 hand and offici seal. Signatur� ` XU1, 0 My Commission Expires: Vr(AW M, W ( I This area for official notarial seal - - - - - - - - - - - - - lanr� SHIM L.tlwM ConammNon 11t101sd 14010Y h4Nc -CUUMM ""mono Getp,fy III HIM III IIII 01 11 e0 of005 RR ASSESSOR'S PARCEL NO. 666-330-039 Exhibit "A" PARCEL CI-14 A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, lying Southerly of the Southerly line of Parcel 1 of Parcel Map 15975 and Easterly of the Easterly line of Parcel 2 of said Parcel Map 15975, as per map recorded in Book 110, page(s) 40, of Parcel Maps, in the office of the County Recorder of said County and Northerly of the Northerly line of the land conveyed to the State of California by deed recorded October 7, 1965 as Instrument No. 114904, Official Records, more particularly described as follows: BEGINNING at the Southeasterly comer of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, California, and said point also being on the Northwesterly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence leaving said Northwesterly Right-of-Way line along the Easterly line of said Parcel 4 (1) N.07021'35"E., 3.389 meters; thence (2) leaving said Easterly line from a tangent which bears S.69053'11"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 1055'31", an arc length of 6.246 meters; thence (3) N.17015'15"W., 3.000 meters; thence (4) from a tangent which bears S.71049'35"W., Easterly along a 188.880 meter radius curve to the right, through a central angle of 4039'46", an arc length of 15.371 meters; thence (5) S.14024'43"E., 3.000 meters; thence (6) from a Page 1 of 2 111111111111111111111 0_.l©1112 6 0i 1513H tangent which bears S.76030'14"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 6022'59", an arc length of 20.708 meters; thence (7) N.41053'42"E., 6.789 meters; thence (8) N.00023'15"E., 12.083 meters; thence (9) S.89036'44"E., 3.000 meters to a point on the Westerly Right- of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline); thence along said Westerly Right-of-Way line (10) S.00023'14"W., 13.220 meters; thence (1 1) S.41053'40"W., 9.052 meters to a point on said Northerly Right-of-Way line of 20`�' Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence (12) from a tangent which bears N.83014'14"E., Westerly along said Northerly Right-of-Way line and a 182.880 meter radius curve to the left, through a central angle of 13050'26", an arc length of 44.177 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on ,om LAdf 0Ay of ?HE ZY>" /70,r7H FQu w,swG iAfc 67vra6 Dr- IVOT3Ct 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 3937/1200. Area = 237.135 sq. meters, 0.0237 hectares. AA l I',,."u( A�c wi Y c2 09 tzrevo9� z M hc�ael A. Havener, PLS 7354 Date u No.7354 Q Exp. 12-31-09 F�F CA1 Page 2 of 2 ������IIIIIIIINIIIIIIIIIII1111111111IIIII1111III1111 TV12,1011g of'995i9F /r, txN E b 2Sr r�Jr'1, 1 FI\Jl l J/4 J) L7 �� = I (Pr-\ , 2 � ll% L; Li SEC, l5 _ Do C/D CID ri, �, �d� 16.764 m wmm J\f J APN 666-330-039 Z Tj U' S 89'36'440 E 0i7 of 3.000 m� ; t - tt� n 4W ` Q z� u 1w Ply �� E d �� I^ W1 p. 1� =I StJ N� Nh Z p1 V�• pN N :V Q Lu 3� 3f'� £1�w41A N Z ` � tt, ' EMI 01 0 l `A I z C2 R z�z( z� �-3•�c 15' W f I o `r yo`S� �- CN N 04 �s� �� t ) f Cl-1 5�p LAND SCR NE \� P.O.B. `moo pIERp�A�52 �6 a\ O C��W LINE PER INST. v m�1�6- 2 NO. 211202 REC. 9/19/85 O.R. EXP. 31 DEC 09 S (CS MAP 204-483) �TgrF OF CA'10FO��\P LEGEND JNTE7 r',J7A-FP- JJ TEMPORARY CONSTRUCTION EASEMENT (TCE) TABULATED CURVE DATA AREA = 237.1 SO. METERS (0.0237 HECTARES) CURVE DELTA RADIUS I LENGTH P.O.B. POINT OF BEGINNING Cl 1*55'31' 185.880 m 6.246 m C2 4'39'46' 188.880 m 15.371 m R/W RIGHT-OF-WAY C3 6'22'59" 185.880 m 20.708 m G CITY OF PALM SPRINGS PAR. NO. C4 13'50'26" 182.880 m 44.177 m DISTANCES ARE IN METERS UNLESS CITY OF P,RLNI SPRINGS PAR. NO. : CI-14 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 SHEETI OF 1 SHEET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0J2 1214 9 of A5 K F PALM S A. City of Palm Springs U n ' Office of the City Clerk �Cp k 3300 E. Tahquicz Canyon Way • Palm Springs, California 92263 O'9<)FO R� Tel: (760)323-8204 - Fax: (760)322-3332 • 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: 666-330-039 dated: March 24, 2009, from, CONVENIENCE RETAILERS LLC A DELAWARE 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 March, 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 31ST day of March, 2009. AS THOMPSON CME ity Clerk I IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIIII III III 03/ 12/151 o£0 1519A Post Office Box 2743 0 Palm Springs, California 92263-2743 DOC # 2009-0221995 b 05/05/2009 08!00p Fee:NC Page 1 of S Recorded in Official Records RECORDING REQUESTED BY County of Rsverside Stewart Title Larry W" Ward i1RssesGloor, County Clerk & 1IRIIe11c11`ordelllr WHEN n Clerk TURN TO: CityJames Thompson II�I�I I�I�III II��I�IIII I�I�II I��III��I I�I IIII�III III CITY OF PALM SPRINGS - 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 S R U PAGE SIZE DA MISC LONG RFD COPY Exempt from recording charges under Government Code§6103 M A L 465 426 PCOR NCOR SMF NCF1G Fx�m 12.339\112006\001PG\C01w QC PROJECT: 1/10—Indian Avenue Interchange �� PARCEL: CI-14 APN: 666-330-039 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CONVENIENCE RETAILERS LLC, A DELAWARE 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 Number 666-330-039 referenced as Parcel CI-14 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 two thousand five hundred fifty two (2,552) square feet referenced as Parcel CI-14 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: 1110—Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 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 and record the quitclaim deed to remove the Temporary Construction Easement from the County records- 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 thereon. Notwithstanding the foregoing, Grantee shall protect in place the two (2) existing Conoco-Phillips identification signs located within the Easement Area and Grantee will use reasonable efforts to restore existing site improvements to their condition as it exists at the time of execution of this Temporary Construction Easement. 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 m in any United States mail depository, first class postage prepaid, and addressed as follows: m m" If to Grantor: Convenience Retailers LLC INN c/o Pacific Convenience& Fuels, LLC and m N PetroSun Fuel, Inc. N© Attention: Real Estate Department 22026 68th Avenue So. Kent, WA 98032-1939 P. O. Box 160 Kent,WA 98035 Phone Number(253)437-5980 Fax(253) 872-5616 ii If to o City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, CA 92507 Attention* James R. Force Supervising Real Property Agent Phone Number: (951)955-4822 Fax: (951)955-4837 I 2 PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 E-mail address: JRForce@rc-facil'dies.org i With: CFFY OF PALM SPRINGS Department of Public Works & Engineering 3200 E.Tahgwtz Canyon Way Palm Springs, CA 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 depositary. 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 e o o 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, m y 0 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated AQ(14 211, 7_ooy 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 C 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 3 PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 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: yc�, 0 Convenience Retailers LLC, a Y-011 m d Delaware Limited Liability Company m� n° r O y 4 y. g% Sam Hlrbod, President CITY OF PALM SPRINGS, a municipal corporation By. ems! APPROVEDSY CITY COUNCIL David H. Ready, City kh��A—N�,o8 V3 ATTEST: By: mes Thompson, City Clerk MME APPROVED AS TO FORM: W RUFF, SPRADLIN & SMART By: Dou as C. ollan , Esq., City Attorney 4 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) )ss COUNTYOFCOrliY C.tr-+!j ) On r0af&\AQa" before me, ✓I, I Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the pen;o G. whose name( ) s are subscribed to the within instrument and ackn ledged to m that h /she/they a ecuted the same in pus'/her/their authorized capacity es), and that by�'ii /herlt eir signature) on the instrument the persor)(s), 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 rrw hand and offici seal. Signatur My Commission Expires: i-yy 1-1 This area for offacial notarial seal SKM L.LEYMM~ CommbWon 1 1740M No1Gry►utft•cowamlo sacmffa ro County IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJIM N II;III,III, `;ggaaA ASSESSOR'S PARCEL NO. 666-330-039 Exhibit"A" PARCEL CI-14 A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, lying Southerly of the Southerly line of Parcel 1 of Parcel Map 15975 and Easterly of the Easterly line of Parcel 2 of said Parcel Map 15975, as per map recorded in Book 110, page(s) 40, of Parcel Maps, in the office of the County Recorder of said County and Northerly of the Northerly line of the land conveyed to the State of California by deed recorded October 7, 1965 as Instrument No. 114904, Official Records, more particularly described as follows: BEGINNING at the Southeasterly Comer of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, California, and said point also being on the Northwesterly Right-of-Way line of 20rhAvenue (15.240 meters Northwesterly, as measured radial from centeriine); thence leaving said Northwesterly Right-of-Way line along the Easterly line of said Parcel 4 (1) N.07021'35"E., 3.389 meters; thence (2) leaving said Easterly line from a tangent which bears S.69053'1 I W, Easterly along a 185.880 meter radius curve to the right, through a central angle of 1155'31", an arc length of 6.246 meters; thence (3) N.17015'15"W., 3.000 meters; thence (4) from a tangent which bears S.71°49'35W., Easterly along a 188.880 meter radius curve to the right, through a central angle of 4039'46"� an arc length of 15.371 meters; thence (5) S_14°24'43"E., 3.000 meters; thence (6) from a Page 1 of 2 1111111111116111111118 Jill 11111 ill1111111111111111 e52a�20af 98�8®A tangent which bears S.76030'14"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 6022'59", an arc length of 20.708 meters; thence (7) N.41053'42"E., 6.789 meters; thence (8) N.00023'15"E., 12.083 meters; thence (9) S.89°36'44"E., 3.000 meters to a point on the Westerly Right- of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline); thence along said Westerly Right-of-Way line (10) S.00023'14"W., 13.220 meters; thence (11) S.4105340"W., 9.052 meters to a point on said Northerly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence (12)from a tangent which bears N.83014'14°E., Westerly along said Northerly Right-of-Way line and a 182.880 meter radius curve to the left, through a central angle of 13050'26", an arc length of 44,177 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on 7He LA.( l7Ay or- 7wZ 7-Y'A l7„r1:W jCc[ 6z"''.7 vi 2 ki G+'✓NG a F No 7-TCe- 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 3937/1200. Area =237.135 sq. meters, 0.0237 hectares. A 02.0 121311oq M chael A. Havener, PLS 7354 Date CP No,7M Exp. 12-31-09 9j FOF CA Page 2 of 2 IIIIlll111lllllllllllllillllllllillllllllllllllllllllll e5/05/eZ 8 098 EXHIBIT "1B " r7 TAF-11, J (PAR, 1 P1\A 1 JN401 i m r) � r �� 2por1l SE 1/4 wry LLl Ltl (PAR, d n o Cif try Pl\A 11�J14�J) '�� l5 � �� J� T� 3 S. F-L 4 r, z 16.764 m 71�.�\l1• W F'N1 i7 ttl APN 666-33D-039 Lac 1052/ 18- 18 S 8936'44" E Z i u7 3.000 m� > L; PAR, 4 \y �� W � � Q u� rr! r Z�{ In E`p z L� � C Oi Sad• C ni N Np. Lu �^ � it� ��� � }- �� z L� z 2: �3 1.1515' w G-i4 z % Ea LAND so Lp P.O.B. 3 3 A. 2VV()v 1��/W LINE PER INST. N p p P1 6�$ N � NO. 211202 REC. L�r 9/19/85 O.R. EXP. 31 DEC 09 3 (CS MAP 204-483) rgNL�FO��` g LEGEND IJN7fr-:;-iSTATE 10 TEMPORARY CONSTRUCTION EASEMENT (TCE) TABULATED CURVE DATA AREA = 237.1 SQ. METERS (0.0237 HECTARES) CURVE DELTA RADIUS I LENGTH P.O.B. POINT OF BEGINNING C1 1'55'31" 185.880 m 6.246 m C2 4'39'46" 188.880 m 15.371 m R/W RIGHT-OF-WAY C3 6 22'59' 185.880 m 20.708 m G CITY OF PALM SPRINGS PAR. NO. C4 13.50'26' 182880 m 44.177 m DISTANCES ARE IN METERS UNLESS CITY l OF PALM SPRINGS PAR.'NO. : G-14 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 SCALIEc NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE 3-27-09 SHEET 1 OF 1 SHEET III{IIIIII'lIIIIII 2 IIIIIIIIIIIIIII�II�IIIIIhill1IIIII1I g5105$00�B�P�00R f of PALM s, U City of Palm Springs �, Office of the City Clerk • �'"==n.ev 3)00 F.Tdiqurtz Canyon Way • Palm Springs,California 92262 C'11/FO V:(760)i'-S-q20 a • r',� (760)i2_'-93i2 • Web:wwwp,Imsprings-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: 666-330-039 dated: March 24, 2009, from, CONVENIENCE RETAILERS LLC A DELAWARE 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 4t' day of March, 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 315T day of March, 2009, AMES THOMPSON City Clerk IIIIIIIIIlIIIIlllllllllllllllllllllllllllllllllllllllll 05;aa9@0£`os 06F Post Office Box 2743 • Palm Springs, California 92263-2743 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 Eight Thousand Nine Hundred Thirty Dollars ($8,930) 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." 1 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 $8,930 OTHER $0 TOTAL $8,930 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 1-10/Indian Avenue Interchange Project, whichever shall be sooner. EXHIBIT "A" (Legal Description) 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) Me/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 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. 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 David H. Ready, Ci Hager Received a copy of the above offer this day of rr;tO'JkL BY CITY COUNCIL Convenience Retailers LLC, a Delaware Limited Liability Company Duey° o:lCzriL',+ --- By: Sam Hirbod, President CO:jw 11/20/08 001PG 12.339 3 ASSESSOR'S PARCEL NO. 666-330-039 Exhibit"A" PARCEL CI-14 A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, lying Southerly of the Southerly line of Parcel 1 of Parcel Map 15975 and Easterly of the Easterly line of Parcel 2 of said Parcel Map 15975, as per map recorded in Book 110, page(s) 40, of Parcel Maps, in the office of the County Recorder of said County and Northerly of the Northerly line of the land conveyed to the State of California by deed recorded October 7, 1965 as Instrument No. 114904, Official Records, more particularly described as follows: BEGINNING at the Southeasterly corner of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, California, and said point also being on the Northwesterly Right-of-Way line of 20thAvenue (15.240 meters Northwesterly, as measured radial from centerline); thence leaving said Northwesterly Right-of--Way line along the Easterly line of said Parcel 4 (1) N.07021'35"E., 3.389 meters; thence (2) leaving said Easterly line from a tangent which bears 5.69°53'11"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 1055'31", an arc length of 6.246 meters; thence (3) N.17015'15'W., 3.000 meters; thence (4) from a tangent which bears 5.71049'35"W., Easterly along a 188.880 meter radius curve to the right, through a central angle of 4039'46", an arc length of 15.371 meters; thence (5) S.14024'43"E., 3.000 meters; thence (6) from a Page 1 of 2 tangent which bears S.76030'14"W., Easterly along a 185-880 meter radius curve to the right, through a central angle of 6022'59", an arc length of 20.708 meters; thence (7) NA1153'42"E., 6.789 meters; thence (8) N.00023'15"E., 12.083 meters; thence (9) S.89036'44"E., 3.000 meters to a point on the Westerly Right- of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline); thence along said Westerly Right-of-Way line (10) S.00023'14'W., 13.220 meters; thence (111) S.41053'40"W., 9.052 meters to a point on said Northerly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence (12) from a tangent which bears N.83014'14"E., Westerly along said Northerly Right-of-Way line and a 182.880 meter radius curve to the left, through a central angle of 13050'26", an arc length of 44.177 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 3937/1200_ Area = 237,135 sq. meters, 0.0237 hectares. A. 1713Vo I g -0 7 No.7354 Michael A. Havener, PLS 7354 Date 9TFOF CAG�F��� Exp. 12-31-07 Page 2 of 2 EXHIBIT " B " PAJR1, 2 (PAJR, 1 Pj\/1 J lOY40) r (PA l !` r� rJ J fr1, SE 1 f w s L.Ll LL1 rA — a ryry r�, 1J ZW � CT) CT) 1\/1 11 D/�f J) 3 r �I � �r 16.764 m -rJ N !I J� r1 1 �zrn �J\lJ APN 666-330--039 :D Z�C� � , JJN1 S 89'36'44' E Z CT)3.000 m W ~ > Lj Q /7 I4, Z �I �IIN &g� f � 0 oNI zl 3ppp 515 W fIQ SA03� CMS 'A C4 I s3 r CI-14 I goy Y � 4 ANDSgUR N UN� a�� P.O.B. /W LINE PER INST. NO. 211202 REC. 9/19/85 O.R. EXP. 31 DEC 07 � 1\ it �r _ (CS MAP 204-483) �TgTF OF cA1 LEGEND I1\1TE Fri ST-ATj 1� I�I TEMPORARY CONSTRUCTION EASEMENT (TCE) TABULATED CURVE DATA AREA = 237.1 S4. METERS (0.0237 HECTARES) CURVE DELTA RADIUS LENGTH P.D.B. POINT OF BEGINNING Cl 1'55310 185.880 m 6.246 m C2 439'46' 188.880 m 15.371 m R/W RIGHT-OF--WAY C3 6'22'59' 185.880 m 20.708 m CI CITY OF PALM SPRINGS PAR. N0. C4 13'50'26' 182.880 m 44.177 m DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : 0I-14 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED 6Y: 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: 11--16-07 SHEET 1 OF 1 SHEET CITY OF PALM SPRINGS OFFER TO RENT PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 OWNER: CONVENIENCE RETAILERS LLC The CITY OF PALM SPRINGS hereby makes you an offer of Eight Thousand Nine Hundred Thirty Dollars ($8,930) as the rental price for a portion of the land known as Assessor's Parcel Number 666-330-039, identified as Parcel CI-14. 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. Dated: Bye David H. Ready, ' f anager Received a copy of the above offer this day of 20<_. Convenience Retailers LLC, a Delaware APPROVED BY CITY COUNCIL Limited Liability Company � 3P �p By: ^ �. Sam Hirbod, President GO:jw 11/20/08 001 PG 12.339 r 1 CITY OF PALM SPRINGS (Herein referred to as "City"), and 2 CONVENIENCE RETAILERS LLC 3 (Herein referred to as "Grantor") 4 PROJECT- 1-10 / Indian Ave Interchange PARCEL: CI-14 5 APN- 666-330-039 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 7 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 a Parcel Number 666-330-039, depicted on the plat map attached hereto, and made a part hereof, for all purposes necessary to facilitate and accomplish the construction and 9 installation of Indian Avenue and 1-10 interchange, a o 2. The temporary construction easement, used during construction of the project consists of approximately two thousand five hundred fifty two (2,552) square feet as 11 designated on the attached legal description, referenced as Exhibit "A", and plat map, referenced as Exhibit "B" ("Easement Area"). 12 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights 13 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, 14 at which time this agreement shall be deemed null and void. 15 4. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to using tools, implements and other 16 materials thereon by City, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and 17 whenever necessary for the purpose of constructing the Road but not the right to use the Easement Area for staging and storage thereon. City agrees not to damage Grantor's 1s property in the process of performing such activities. 19 5. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will 20 be graded and left in a neat condition. 21 6. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. 22 7. Grantor hereby warrants that they are the owners of the property described 23 above and that they have the right to grant City permission to enter upon and use the land. 24 S. This agreement, together with the recorded Temporary Construction Easement Deed ("Deed"), is the result of negotiations between the parties hereto. This agreement and 25 the Deed are intended by the parties as a final expression of their understanding with respect 1 1 to the matters herein and therein and is a complete and exclusive statement of the terms and conditions thereof. 2 9. This agreement shall not be changed, modified, or amended except upon the 3 written consent of the parties hereto. 4 10. This agreement and the Deed supersede any and all other prior agreements or understandings, oral or written, in connection therewith. s 11. Grantor, their assigns and successors in interest, shall be bound by all the 6 terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder, 7 12. City agrees to pay Grantor for the right to enter upon and use Grantor's land in s accordance with the terms hereof. 9 13, City shall pay to the order of Grantor the sum of Twelve Thousand Dollars ($12,000) for the right to enter upon and use Grantor's land in accordance with the terms to hereof. 11 12 [SIGNATURE PAGE FOLLOWS] 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 2 Dated: 2009 3 Convenience Retailers LLC, a Delaware 4 Limited Liability Company 5 By 5 Sam Hirbod, President 7 8 CITY OF PALM SPRINGS, a municipal corporation 9 c 10 -By �� _ - APPROVED BY CiTTY COUNCIL David H. Ready, Ci�P/� •ger 1.1 12 ATTEST: 13 14 ?ames Thompson, City Clerk 19 16 VED AS TO FORM: WOO RUFF, SPRADLIN & SMART 17 1e By: �� / �]ou CO:jw 19 lays . H land sq., City Attorney 11/20/08 �� Ig/ 001 PG 12.339 20 21 22 23 24 25 3 ASSESSOR'S PARCEL NO. 666-330-039 Exhibit"A" PARCEL CI-14 A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, lying Southerly of the Southerly line of Parcel 1 of Parcel Map 15975 and Easterly of the Easterly line of Parcel 2 of said Parcel Map 15975, as per map recorded in Book 110, page(s) 40, of Parcel Maps, in the office of the County Recorder of said County and Northerly of the Northerly line of the land conveyed to the State of California by deed recorded October 7, 1965 as Instrument No. 114904, Official Records, more particularly described as follows: BEGINNING at the Southeasterly corner of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, California, and said point also being on the Northwesterly Right-of-Way line of 20thAvenue (15.240 meters Northwesterly, as measured radial from centerline); thence leaving said Northwesterly Right-of-Way line along the Easterly line of said Parcel 4 (1) N.07021'35"E., 3.389 meters; thence (2) leaving said Easterly line from a tangent which bears S_69053'11'W_, Easterly along a 185.880 meter radius curve to the right, through a central angle of 1°55'31", an arc length of 6246 meters; thence (3) N.17015'15'W_, 3.000 meters; thence (4) from a tangent which bears 5.71°49'35'W., Easterly along a 188.880 meter radius curve to the right, through a central angle of 4039'46", an arc length of 15.371 meters; thence (5) S.14024'43"E_, 3.000 meters; thence (6) from a Page 1 of 2 tangent which bears S.76030'14"W_, Easterly along a 185.880 meter radius curve to the right, through a central angle of 6022'59", an arc length of 20.708 meters, thence (7) N.41°53'42"E., 6.789 meters; thence (8) N.00°23'15"E_, 12,083 meters; thence (9) S.89036'44"E., 3.000 meters to a point on the Westerly Right- of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline); thence along said Westerly Right-of-Way line (10) S.00°23'14"W., 13.220 meters; thence (11) S_41053'40"W., 9.052 meters to a point on said Northerly Right-of-Way line of 20th Avenue (15,240 meters Northwesterly, as measured radial from centerline); thence (12) from a tangent which bears N.83014'14"E., Westerly along said Northerly Right-of-Way line and a 182.880 meter radius curve to the left, through a central angle of 13050'26", an arc length of 44.177 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 3937/1200. Area = 237.135 sq. meters, 0.0237 hectares. \-AN D SG� Exp.12/31/1) IV -d 7 �r�, Na.7354 Michael A. Havener, PLS 7354 Date 9TFOF, cA,-\F��� Exp. 12-31-07 Page 2 of 2 EXH i Bi T " B „ PJ*R, 2 J,]\jl J 10 40) U] ^ r z rj Cv� L7 Ltl -LLI =o= P1�J r JJ0I%J) IS c J _ 16.764 m -r, J `i, rig Erz warn J.-s,I\/l, w Pl�ll CID 1--Ll APN 666-330-039 D LT) J �/ 1 1� Z Z S 89'36�44" E W -Z 3.000 m L� LL � � > a w / y Q IT) r rr�fl, f Z\ w °'� E ES w ` z 1 1 3 I Ilfj �`O c�a �\� ✓ � � N w r- -' CA CI-14 1 r II �p LAND SL A. Hq E /W LINE PER INST. v Fps 2O NO. 211202 REC. 9/19/85 O.R. EXP. 31 DEC 07 r yr e _ (CS MAP 204-483) qTf OF CAI. pia LEGEND INTE7 IRST A-f r 10 TEMPORARY CONSTRUCTION EASEMENT (TCE) TABULATED CURVE DATA AREA � 237.1 SQ. METERS (0.0237 HECTARES) CURVE DELTA RADIUS I LENGTH P.O.B. POINT OF BEGINNING Cl 1'55'31" 185.880 m 6.246 m C2 4.39'46' 188.880 m 15.371 m R/W RIGHT-OF--WAY C3 6.22'5V 185.880 m 20.708 m C4 13.50'26" 182.880 m 44.177 m CI CITY OF PALM SPRINGS PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR, NO. : U-14 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 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: 11-16-07 SHEET 1 OF 1 SHEET DOG ## 2009--0221995 05/05/2009 08;00A Fee:NC Page t of S Recorded in Official Records RECORDING REQUESTED BY County of River.ide Stewart Title Larry W. Ward Assessor, Co"tyl Clerk & Recorder WHEN RECORDED RETURN TO: IIIIIII Illlllllll�lllllf IIAI IIIIIIIIIII III IIIII IIIII��I Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 g R U PAGE SIZE OA MISC LONG RFD COPY Exempt from recording charges under Government Code§6103 M A L I 4B5 1 426 PCOR NCOR SMF NC G `M 12.339\112008\001 PG\COjw PROJECT: 1110— Indian Avenue Interchange (�\� PARCEL: CI-14 APN: 666-330-039 S�aC TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CONVENIENCE RETAILERS LLC, A DELAWARE 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 Number 666-330-039 referenced as Parcel CI-14 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 two thousand five hundred fifty two (2,552) square feet referenced as Parcel CI-14 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-14 APN: 656-330-039 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 and record the quitclaim deed to remove the Temporary Construction Easement from the County records. 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 thereon. Notwithstanding the foregoing, Grantee shall protect in place the two (2) existing Conoco-Phillips identification signs located within the Easement Area and Grantee will use reasonable efforts to restore existing site improvements to their condition as it exists at the time of execution of this Temporary Construction Easement. 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: �a If to Grantor: Convenience Retailers LLC NSF m�° c/o Pacific Convenience & Fuels, LLC and d PeiroSun Fuel, Inc. mAttention: Real Estate Department 22026 681h Avenue So. Kent, WA 98032-1939 P. O. Box 160 Kent, WA 98035 ~ Phone Number(253)437-5980 Fax (253) 872-5616 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division �^ 3133 Mission Inn Avenue Riverside, CA 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 2 PROJECT: 1/10— Indian Avenue Interchange PARCEL: CI-14 APN: 665-330-039 E-mail address: JRForce@rc-facilities.org With: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, CA 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 x 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 Nmw authority to enter into this Deed and perform all of its provisions and obligations, and that no N° other approvals or consents are necessary in connection therewith. m� ti 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated Li7AZ04 ZH, Loo g 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 S 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 3 PROJECT: 1/10— Indian Avenue Interchange PARCEL: CI-14 APN: 666-330-039 necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 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: rnGtYW� �rC Convenience Retailers LLC, a �O Delaware Limited Liability Company m � 0 L m 0 00 �NC 6y. Sam Hirbod, President CITY OF PALM SPRINGS, a municipal corporation gy J APPP,OV_O HY CITY COUNCIL David H. Ready, City a cam_ ATTEST: y By, mes Thompson, City Clerk APPROVED AS TO FORM: W RUFF, SPRADLIN & SMART By: Dou as C`,Hollan , Esq., City Attorney 4 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) r - r '' ' - ) ss COUNTYOF(10e7h6tCcl�i ) On rY)A before me,`7�t t/✓i �, �I� Notary Public, personally appeared c�d who proved to me on the basis of satisfactory evidence to be the persiltei/rsignatures) whose name s) are subscribed to the within instrument and ackn ledged to me that she/they executed the same ink/her/their authorized capacity 'es), and that by�/her on the instrument the persores), 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 rrW hand and offici sea. LA � Signaturjkl l� J� CAL My Commission Expires: ryy4w rA W ( ( This area for official notarial seal Vs=L.LEM ComrnhNan0 1?meat Notary FWNo-CWHOMla tacramsMo county III�IIIIII�I�III'�IIII�IIII�IIIII'IIIIIIIII�IIIIIIIII�I as�es�s es 9s�sea ASSESSOR'S PARCEL NO. 666-330-039 Exhibit "A" PARCEL CI-14 A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, lying Southerly of the Southerly line of Parcel 1 of Parcel Map 15975 and Easterly of the Easterly line of Parcel 2 of said Parcel Map 15975, as per map recorded in Book 110, page(s) 40, of Parcel Maps, in the office of the County Recorder of said County and Northerly of the Northerly line of the land conveyed to the State of California by deed recorded October 7, 1965 as Instrument No, 114904, Official Records, more particularly described as follows: BEGINNING at the Southeasterly corner of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, California, and said point also being on the Northwesterly Right-of-Way line of 20t"Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence leaving said Northwesterly Right-of-Way line along the Easterly line of said Parcel 4 (1) N.07021'35"E., 3.389 meters; thence (2) leaving said Easterly line from a tangent which bears 5.69053'11"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 1055'31", an arc length of 6.246 meters; thence (3) N.17015'15"W., 3.000 meters,- thence (4) from a tangent which bears 5.71°49'35"W., Easterly along a 188.880 meter radius curve to the right, through a central angle of 4039'46", an arc length of 15.371 meters; thence (5) 5.14024'43"E., 3.000 meters; thence (6) from a Page 1 of 2 I�IIII I�IIIII IIII IIII�I III IIII I�IIIII II�IIII IIII I II 95 C0 6 0f'9£�flC�R tangent which bears S.76030'14"W., Easterly along a 185.880 meter radius curve to the right, through a central angle of 6022'59", an arc length of 20.708 meters; thence (7) N.41053'420E., 6.789 meters; thence (8) N.00023'15"E., 12.083 meters; thence (9) S.89036'44"E., 3.000 meters to a point on the Westerly Right- of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline); thence along said Westerly Right-of-Way line (10) S.00023'14'1/V., 13.220 meters; thence (11) S.41053'40"W., 9.052 meters to a point on said Northerly Right-of-Way line of 201h Avenue (15.240 meters Northwesterly, as measured radial from centerline); thence (12) from a tangent which bears N.83014'14"E_, Westerly along said Northerly Right-of-Way line and a 182.880 meter radius curve to the left, through a central angle of 13050'26", an arc length of 44.177 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on 4e LAd7 VAy of "THE Zv14 /7o YF14 F&(,Low:NG '7/f£ 6}vSN(, pr_ /YOT1Cc 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 3937/1200. Area = 237.135 sq. meters, 0.0237 hectares. AA Exp.1Z/37/oy� � Michael A. Havener, PLS 7354 Date rP No,7354 Exp_ 12-31-09 9j F OF 0A�`Fo Page 2 of 2 1VI 111111I 1111111111111111111111111 Ill11111 IN IN I as.�a©9 0£8890�A (r- EXHIBIT " B " P ArRi1, 2lr-As-,1, 1 PIM 1 lO/0) Ln I i r s Ltl LLl sL c, 105 ;W � CT) eft -PAil 110 40) JM� r, J rri, 4ti, �o� 16.7fi4 m azrn . 1l�il, w ���/1 �f� LLl APN 666-330-039 rc� 162/16-18 S 89'36'44" E z �7 3.000 m w �� LL, �j o ` > � LLl r.r�f 1, 4 `x o f W >/ 5 3 Q L/,I 51 W 4, < 41 �l'3 ��Wo1 c M1l �S?Fz J o ¢ � I t� W ✓ Ato _ t z PIS CI-14 `r T'o• c IDIAND SG rIC ►wV1 r^ 5ID A. q � W uNE �� P.O.B. `, 3 A V 1► ` vF G p H �E o �� �W LINE PER INST. h521 � Z a NO. 211202 REC. 9/19/85 O.R. EXP. 31 DEC 09 IQ 3 (CS MAP 204-483) �TgrE off, C73 AS Fo��\� LEGEND j I1\1Trr1STAT2 1J 1�! TEMPORARY CONSTRUCTION EASEMENT (TCE) TABULATED CURVE DATA AREA = 237.1 SQ. METERS (0.0237 HECTARES) CURVE DELTA I RADIUS I LENGTH P.D.B. POINT OF BEGINNING Cl 1'55'31" 185.880 m 6.246 m C2 4'39'46 188.880 m 15.371 m R/W RIGHT-OF-WAY C3 6 22'W 185.880 m 20.708 m CI CITY OF PALM SPRINGS PAR. N0. C4 13'50'26" 182.880 m 44.177 m DISTANCES ARE IN METERS UNLESS CITY OF PALMS SPRINGS PAR. NO. : CI--14 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 IIIII IIIIIII IIII iilll I II IIII IIIIIII III III IIII IIII 0s e 0 9 2�£9 080mR DF PAIM Sp c City of Palm Springs Office of the Ciry Clerk 3200 P.TaligUILc Canyon Wad • Nun Springs, California 92262 C14/F0VA\P' Tel. (760) 323-8201 • Pax: (760) 32248332 • Web wwwpalmsprings-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: 666-330-039 dated: March 24, 2009, from, CONVENIENCE RETAILERS LLC A DELAWARE 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 March, 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 31ST day of March, 2009. AMES THOMPSON City Clerk II�IIII�IIII�IIIIIIIII�III�IIIIII�II�IIIII1111111111111 05 0 5A8 01,98900E Post Office Box 2743 • Palm Springs, California 92263-2743