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05756 - SUZANNE D PARISH REAL ESTATE TRUST GRANT DEED ACCEPTANCE AND MOU
DOCUMENT TRACKING Page: 1 Report: One Document Detail March 6, 2012 Condition: Document NumberA5756, Document# Description Approval Date Expiration Date Closed Date A5756 MOU for lot split 11/19/2008 Company Name: Suzanne D Parish Real Estate Trust Address: , , Group: COMMUNITY& ECONOMIC Service: In File Ins. Status: Certificate and Policies are OK Document Tracking Items: Due Completed Trackina Amount Amount Coe Item Description Date Date Date Added Paid kdh to D Shay for recording via escrow office 02/25/2009 kdh to CM for sigs 02/19/2009 kdh Conditional Cert of Compliance 2009-0122245 03/13/2009 IN FILE kdh discrepancies in the does- ret to Diana cor 02/10/2009 correction kdh 2009-0176464 Gift Deed 04/10/2009 kdh does were re-drawn due to errors 02/10/2009 kdh ret to Diana S - need sig from the TRUST on MOU 01/06/2009 kdh Grant Deed and MOU was recv'd 01/06/2008 kdh to CM for sig 01/07/2009 kdh Council approved Item 4A 11/19/2008 Track Notes: 4.A. ACCEPT THE DONATION OF 17.07 ACRES OF REAL PROPERTY FROM THE SUZANNE D. PARISH REAL ESTATE TRUST TO BE PRESERVED AS OPEN SPACE AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE SUZANNE D. PARISH REAL ESTATE TRUST FOR THE LOT SPLIT OF APN 510-270-003: RECOMMENDATION: 1) Accept the donation of 17.07 acres of real property in the Araby Cove and Araby Wash area from the Suzanne D. Parish Real Estate Trust to be preserved as open space; 2)Authorize the City Clerk to execute the Certificate of Acceptance; 3) Approve a Memorandum of Understanding with the Suzanne D. Parish Real Estate Trust for a lot split, APN 510-270- 003; and 4)Authorize the City Manager to execute all necessary documents. A_ kdh to D Shay for escrow for recording 01/1 212 0 0 9 ,f CHICAGO TITLE COMPANY DOC # 2009-0176464 04/10/2009 08:00N Fea:NC Page t of 83 Recorded in orflcl►l aecerds County of Riverside RECORDING REQUESTED BY, Lorry u, uerd u AND WHEN RECORDED,MAIL TO, Rsses"r, Conty Clerk a Recorder AND MAIL TAX STATEMENTS TO: 111011111111 IN 111111111111111111111111111111111111 City of Palm Springs 3200 East Tahquitz Canyon Way — Palm Springs,CA 92262 S. R I ll J PAGA SITE I DA MISC I TANG RFD COPY Attn: City Clerk M A L 465 426 PCOR NCOR SMF CFTG (SP T: I CTV I GIFT DEED T The undersigned granter doclares: Z No consideration' 1 Dmitmentary transfer=is NONE. This is a conveyance io a government entity, R&T 4 11922. OOfi THIS GIFT DEED(this"Deed'j is made as of this lb-�i day of 200�by RONALD N. KILGORE,Trustee of The Suzanne D. Parish Real Estate Trust re��ted as of December 30, 1983 ("Gnmtor"),in favor of THE CITY OF PALM SPRINGS, a California charter city and municipal corporation("Grautci�. i RECITALS A. Grantor is the owner of certain real property(the"Property")located in the City. of Palm Springs,County of Riverside,State of California and consisting of approximately acres, more fully described in Exhibit"A"attached hcrcto. 3 r'p B. The Properly consists primarily of undeveloped natural habitat for indigenous wildlife,flora and faum r d C. Grantee has determined that the preservation of the Property as open space is a1 consistent with the General Plan of the City of Palm Springs,it is in the best interest of said City and is important to the public for the enjoyment of scenic beauty and for recreation. M D. It is the intention of both Grantor and Grantee that the Property be protected for r F the preservation of its essentially rural characteristics and natural scenic beauty and that said 0 d Property be open to the general public,subject to the reasonable restrictions concerning the b• .�c needs of the Property and necessary to the preservation of its unique qualities as described herein below. 1 o In NOW,THEREFORE,as a gift without the payment of any compensation therefor,the In �N parties agree as follows: Oi p 1. Incorporation of Recitals aq¢Exb1>! o D r All recitals set forth at the beginning of this Deed and the exhibit attached and referred to I o in this Deed are incorporated as though fully set forth in this Deed, _ o y '2 ('0 ~ oRCNs43rw 6),199,mra v7 Description:Riverside,CA Document-Year.DoclD 2009.176464 Page: 1 of 63 Order-a Comment: , r 1 h 1 2. Grant of Property Grantor dues hereby grant to Grantee the Property subject to the terms and conditions set forth herein. Each and every portion of the Property is and shall be held,conveyed and used subject to the following covenants all of which are declared and agreed upon.for the purpose of maintaining,preserving,conserving and otherwise continuing in existence the open space character of the Property. All of said covenants shall run with the Property and shall be binding upon all parties having or acquiring any right,tide,interest or estate in the Property or any portion thereof whether as sole owners,joint owners or otherwise. 3. kiirppses The purposes of this Deed("Conservation Purposes")are(a)to enable the Property to remain in its natural condition by protecting in perpetuity its value,use and utility as open space (as defined below),and(b)to prevent any use of the Property that would significantly impair or interfere with its long-term viability as property fulfilling the purposes for which the Deed is granted. 4. Definitions As used in this Deed,the term"Cnantor"includes the original Grantor and its successors and assigns;and the tens"Grantee"includes the original Grantee and its successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property,and any party entitled to the,possession or use of all or any pan thereof. The term"open space"shall have the meaning ascribed to the term"open-space lance'in Section 65560 of the California Government Cade The term"structure"means anything constructed or erected on or under the ground, including buildings(including,by way of example only,any hotel,inn,condominium or rental apartment project),berms,driveways or walkways, The term"structure"shall not include unpaved trails and paths for pedestrian or equestrian use. 5. Covenants Grantee hereby covenants with Grantor,which covenant shall run v>ith the Property,not to construct or permit the construction of any improvements on the Property. Without limiting The generality of the foregoing and except as expressly reserved in this instrument' Grantee covenants with Grantor both not to and not to permit others to: (a) Construct on the Property any structure(as defined above). (b) Fanmct natural resources from the Property. (e) Engage in or permit any agricultural use of the Property. (d) Cut natural growth on the Property except as may be required for fire prevention, thinning,elimination of diseased growth and/or similar protective measures, OaC 44WZIA.01r519.0010 Description:Riverside,CA Document-Year.DoclD 2009.176464 Page:2 of 63 Order. a Comment: (e) Excavate,remove topsoil,sand or other materials from the Property,or change the soil horizon or topography of die Property except as may be required for purposes of erosion control and sail conservation. (i) Dump or accumulate unsightly or offensive materials including,but not limited to,trash,garbage,ashes or chemical waste on the Property. (g) Perform activities such as off-the-road vehicle usage on the Property or other such I activities which tend to damage vegetation or otherwise scar the surface of the Property. 6. lb—e Subject to the terns and conditions set forth herein,it is The specific intent of both Grantor and Grantee that the Property be made available to the public for recreational,scientific, educational,scenic and other open space purposes to the greatest extent possible consistent with protection of the open space character of the Property,including the protection and preservation of the natural habitat of wildlife and plants thereon: 7. Memorandum of Understanding Grantor and Grantee have entered into that certain Memorandum of Understanding with respect to zoning,access Toads and other related matters concerning the Property in the form of Exhibit attached hereto and incorporated herein. 8. Violation of Covenants and EnforoMgni Grantee acknowledges and agrees that Grantor's remedies at law for any violation of this Deed may be inadequate. Therefore,in addition to,and not in limitation of,any other rights of Grantor hereunder at law or in equity,in the event any breach,default or violation of any term, provision,covenant or obligation on Grantee's part to be observed or performed pursuant to this Deed is not cured by Grantee within thirty(30)days written notice thereof by Grantor(which notice requirement is expressly waived by Grantee with respect to any such breach,default or violation which, in Grantors reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purpose of this Deed),Grantor shall have the right at Grantor's election,(i)to institute a suit to cajoin or cure such broach, default or violation by temporary and/or permanent injunction,(ii)to enter upon the Property and exercise reasonable efforts to terminate or cure such breach,default or violation and/or to cause the restoration of that portion of the Properly affected by such breach,default or violation to the condition that existed prior thereto or on the date hereof,or to such condition as is expressly permitted hereby or as may be pursuant to the tarts hereof,as Grantor deems appropriate under the circumstances,or(iii)to seek or enforce such other legal and/or equitable relief or mnedies as Grantor deems necessary or desirable to ensure compliance with the terms,conditions, covenants,obligations and purpose of this Dead,including the transfer of Na Deed by a court of competent jurisdiction to another"qualified organization"as defined in Section 9 below. oaC4"Q7A.03ZJ000IU Descrfptlon:Riverside,CA Document-YearDaclD 2009,176464 Page:3 Df 63 Order-a Comment: I I 9. Transfer of Deed If Grantee ever ceases to exist or to qualify as a"qualitied organization'under Section I 170(h)of the Internal Revenue Code of 1986,as amended from time to time(the"Code").or applicable state law,a court of competent jurisdiction shall transfer this Deed to a qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Deed. Grantee shall provide Grantor with advance written notice of such a transfer. Notwithstanding any other provision of this instrument or otherwise applicable statute or rule of law,no subsequent transfer of the Property may take place unless the tranifcree organization is a qualified organization which,as a condition of the transfer,agrees in writing that the Conservation Purposes which this Deed was originally intended to advance continue to be carried out. t0_ Interpretation This Deed shall be interpreted under the laws of the State of California,or federal law,as appropriate. Any general rule of construction to the contrary notwithstanding,this Deed shall be liberally construed to effect the Conservation Purposes of this Deed and to qualify this Deed as a "qualified conservation contribution"under Section 170(h)of the Code. If any provision off this Deed is found to be ambiguous,an interpretation consistent with the Conservation Purposes of this Deed that would render the provision valid shall be favored over any interpretation that would render it invalid. 11. —Uc2c=ors Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents,heirs,executors,administrators,assigns and other strccessors in interest,and shall continue as a servitude running in perpetuity with the Property, 12. Severa ili r Invalidity of any of the covenants,terms or conditions of this Deed,or any pan thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect 13. Norices All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered,or sent by registered or certified mail,postage prepaid,return receipt requested,or overnight courier,or facsimile,and shall be deemed received upon the earlier of(a)if personally delivered,the date of delivery to the address of the,person to receive such notice,(b)if mailed,four(4)business days after the date of posting by United States Post Office,(c)if given by overnight courier,upon reccipt by the person to receive such notice,or(d) if sent by facsimile,when sent. Any notice or other communication sent by facsimile most also be delivered by personal delivery,United States mail or overnight courier in accordance with the foregoing and such notice or communication must be personally delivered,deposited in the OaCMM274.032419 0010 Description:Riverside,CA Document-Year.DoctD 2009.176464 Page:4 of 63 order.,a Comment' United States mail,or delivered to the overnight courier service within forty-eight(48)hours of the sending of the facsimile: If to Grantee: City of Palm Springs 3200 East Tahquita Canyon way Palm Springs,CA 92262 Attn:City Clerk Facsimile: (760)322-$332 1 If to Grantor: Ronald N.Kilgore,Trustee of The Suzanne D.Parish Peal Estate Trust 211 S. Rose Street Kalamazoo,MI 49007 Facsimile:(269)553-7252 14. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Deed and supersedes all prior discussions,negotiations,understandings and agreements relating to the Deed,all of which are merged herein. 15. St ion Headings The headings in lids instrument have been inserted solely for eanveniencc of reference' and ate not a part of this instrument and shall have no effect upon construction or interpretation thereof, THE PROPERTY IS CONVEYED TO GRANTEE SUBIF-CT TO: A. All liens,encumbrances,easements,covenants,conditions and restrictions of record; B. All matters which would be revealed or disclosed in au accurate survey of the Property; C. Ali matters which would be revealed or disclosed by a physical inspection of the Property;and D. A lien not yet delinquent for taxes for real property and personal property,and ! any general ox special assessments against the Property. 1 oKc«u�r�.mzsrn.00to Description:Riverside,CA Document-Year.DocID 2009.176464 Page:5 of 63 Order:a Comment. IN WI-MESS WHEREOF, Grantor has execute his G" G eed on the date first above written. Ronald N. lfllg e,T t �ee of The Suanne D.Parish Real state T st restated as of Dcccmber 30, l ORC 4I16774.0325b7,001 u Description:Riverside,CA Document-Year.DoclD 2009.176464 Page: 6 of 63 Order-a Comment: ! State of 1,W4CMIaA,V } County of JfRL AalA200 ) on NOl tyd. K 45, qao f before me, s• f/b VEy personally appeared RaN,00 n. X/LcarfF- who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in hiWbcrlthoirauthorized capacity(ies),and that by hismer/thcir 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 /416If14AA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature M.S.KIDNEY Notary public,State of Michigan County of Kalamamo My Commission Expires May 1,2a12 j"ng In ft Counlr af_d/a cunt .•'�1.'�p c: i3 'Y1G'"c. ONC118627A.002799 0010 Description:Riverside,CA Document-YeaCDoelD 2009.176464 Page. 7 of 63 Order. a Comment: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit"A" APN: $10-270403,510-210-003 and 510-210-210-003 dated; Februarf23, 2009 from, The Suzanne D.Parish Real Estate Trust restated as of December 30, 1983 Grantor, 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 1gt6 day of November 2008, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 231°day of February,2009. MES THOMPSON City Clerk Description:Riverside,CA Document-Year.DoclD 2009.176464 Page:8 of 63 Order,a Comment: EXHIBIT A Legal Description PARCEL I: GOVERNMENT LOTS 3 AND 6 IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY,APPROVED OCTOBER 11, 1895; EXCEPTING THEREFROM THAT PORTION INCLUDED IN ARABY TRACT AS RECORDS OF RIVERSIDE COUNTY,CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 17 IN BLOCK F OF ARABY TRACT, AS SHOWN BY AMP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 71'22'20" WEST, 367.26 FEET;THENCE NORTH 50°20AW0 WEST, 438 FEET TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO PERLE WHEELER MARTIN, BY DEED RECORDED APRIL 11, 1933 IN BOOK 121 PAGE 74 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 85°37' WEST, 25.75 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K, DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 229 PAGE 442 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 4'23' WEST, 329.65 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL CONVEYED TO E.K. DAVALL;THENCE SOUTH 64°13' WEST 558 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 3; THENCE SOUTH 0°01'30" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOTS 3 AND 6, 1297.75 FEETTO THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 6;THENCE NORTH 89039'45" EAST, ALONG THE SOUTHERLY LINE OF SAID SECTION 25, 1558.2 FEET; THENCE NORTHERLY IN A DIRECT LINE, 389 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF LOT 26 1N BLOCK F OF SAID ARABY TRACT, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ARABY TRACT, TO THE POINT OF BEGINNING; ALSO EXCEPTING FROM SAID GOVERNMENT LOT 3 THAT PORTION LYING NORTHWESTERLY OF THE CENTER LINE OF THE PROPOSED STROM WATER DRAIN,SAID CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID GOVERNMENT LOT 3; 1026,61 FEET SOUTHERLY FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 48°01' EAST,TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3; ALSO EXCEPTING FROM SAID GOVERNMENT LOT 3 THAT PORTION DESCRIBED AS FOLLOWS; Description:Riverside,CA Document-Year pocID 2009.176464 Page: 9 of 65 Order a Comment., BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LOT C(TAMARIST AVENUE) OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE NORTH 89'53' WEST,ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, 174 FEET,MORE OR LESS,TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO REESE 0,SNOWDEN AND GERTRUDE B.SNOWDEN,HIS WIFE,BY DEED RECORDED OCTOBER 23, 1936 1N BOOK 299 PAGE 563 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 48°OI' WEST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL CONVEYED TO REESE 0. SNOWDEN AND WIFE,TO A POINT WHICH BEARS NORTH 26055' WEST FROM THE MOST WESTERLY CORNER OF LOT D(PALO VERDE DRIVE), AS SHOWN BY MAP OF ARABY TRACT; THENCE SOUTI4 26021'55" EAST TO THE MOST WESTERLY CORNER OF SAID LOT D; THENCE NORTH 63018*05" EAST, 534.23 FEET; THENCE ON A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 420.63 FEET,THROUGH AN ANGLE OF 23°24', 171.79 FEET; THE LAST 2 COURSES AND DISTANCE FOLLOWING ALONG THE NORTHWESTERLY LINE OF SAID LOT D; THENCE NORTH 40D14'05" EAST, 211.11 FEET; THENCE ON A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS, OF 172.96 FEET THROUGH AN ANGLE OF 40°02', 120.35 FEET;THENCE NORTH 00"12'OS" EST, 225.60 FEET, TO THE POINT OF BEGINNING; THE LAST 3 COURSES AND DISTANCE FOLLOWING ALONG THE WESTERLY LINE OF SAID LOT C; ALSO EXCEPTING FROM SAID GOVERNMENT LOT 3, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 2, BLOCK F OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 ?AGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THAT BEARS SOUTH 26°21'55" EAST, A DISTANCE OF 3.54 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 2;THENCE CONTINUING SOUTH 26021'55"EAST ALONG SAID WESTERLY LINE OF LOT 2, A DISTANCE OF 46.17; THENCE SOUTH 37°48'24"WEST, A DISTANCE OF 286.90 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 229 PAGE 442 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 4023' WEST ALONG SAID WESTERLY LINE 5936 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND;THENCE NORTH 37°48'24" EAST, A DISTANCE 012 263.10 FEET TO THE.POINT OF BEGINNING. ALSO EXCEPTING FROM GOVERNMENT LOT 3, THAT PORTION DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE WESTERLY LINE OF•LOT 2, BLOCK F OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA- THAT BEARS SOUTH 26nl'55" EAST, A DISTANCE OF 49.71 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE SOUTH 37048'24" WEST A DISTANCE OF 60,00 FEET; THE14CE 83009730" EAST. A DISTANCE OF ST30 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 26021'S5" WEST,A DISTANCE OF 45,29 FEET TO THE POINT OF BEGINNING. Description:Rivemide,CA Document-Year Doc)D 2009.176464 Page: 10 of 63 Order,a Comment: PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F,OF THE ARABY TRACT,AS SHOWN BY MAP ON FILE IN BOOK 13,PAGES 61 AND 62 OF MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,THENCE SOUTH 71°03'26"WEST A DISTANCE OF 367,26 FEET; THENCE NORTH 500 17'05"WEST A DISTANCE OF 44.04 FEET TO A POINT LYING AT THE EXISTING TOE OF SLOPE AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE EXISTING TOE OF SLOPE THROUGH THE FOLLOWING COURSE: THENCE NORTH 81017'10" WEST A DISTANCE OF 37.95 FEET; THENCE NORTH 59004'13" WEST A DISTANCE OF 22.80 FEET; THENCE NORTH 75006'28" WEST A DISTANCE OF 44.18 FEET; THENCE NORTH 62023'01" WEST A DISTANCE OF 55.63 FEET; THENCE NORTH 28049'51" WEST A DISTANCE OF 29.78 FEET; THENCE NORTH 11003'10" WEST A DISTANCE OF 28.29 FEET; THENCE NORTH 31°34'43"WEST A DISTANCE OF 59.01 FEET; THENCE NORTH 70048'18" WEST A DISTANCE OF 104,68 FEET; THENCE SOUTH 22041'33"WEST A DISTANCE OF 14.05 FEET; THENCE LEAVING SAID TOE OF SLOPE SOUTH 79042100"WEST A DISTANCE OF 20.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22,1935 IN BOOK 228 PAGE 442 O-R.; THENCE NORTH 4024'48"WEST ALONG SAID EASTERLY LINE A DISTANCE OF 73.41 FEET; THENCE NORTH 85035'12"EAST A DISTANCE OF 27.27 FEET; THENCE SOUTH 50017'05"EAST DISTANCE OF393.98 FEET TO THE TRUE POINT OF BEGINNING SAID LAND 1S ALSO KNOWN AS PARCEL B OF CONDITIONAL CERTIFICATE OF COMPLIANCE, RECORDED MARCH 13 2009 AS INSTRUMENT NO.2009- 0122245,OF OFFICIAL RECORDS, Description:Riverside,CA Document-Year.DoolD 2009,176464 Page: 11 of 63 Order:a Comment: PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25,TOWNSH➢P 4 SOUTH,RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17,BLOCK F,OF THE ARABY TRACT,AS SHOWN BY MAP ON FILE IN BOOK 13,PAGES 61 AND 62 OF MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA;THENCE SOUTH 71°03'.26" WEST A DISTANCE OF 367,26 FEET; THENCE SOUTH 00009'59"EAST A DISTANCE OF 242.16 FEET TO T14E TRUE POINT OF BEGINNING; THENCE SOUTH 00°09'59"EAST A DISTANCE OF 699.34 FEET TO A POINT LYING ON THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH 89040'08"WEST ALONG SAID SOUTH LINE OF SECTION 25 A DISTANCE OF 340.00 FEET; THENCE NORTH 00000155"EAST A DISTANCE OF 726,00 FEET; THENCE SOUTH 85048'59"EAST A DISTANCE OF 338.67 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND IS ALSO KNOWN AS PARCEL C OF CONDITIONAL CERTIFICATE OF COMPLIANCE,RECORDED MARCH 13 2009 AS INSTRUMENT NO.2009- 0122245,OF OFFICIAL RECORDS. Description:Riverside,CA Document-Year.DoclD 2009.176464 Page: 12 of 65 Order:a Comment EXHIBIT B Memorandum of Understanding ORC 441/27-3.0325119,001 D ,Description:Riverside,CA Document-Year.DOcIV 2009,176464 Page: 13 of 63 Order. a Comment: MEMORANDUM OF UNDERSTANDING between THE SUZANNE D. PARISH REAL ESTATE TRUST RESTATED AS OF ❑ECEMBER 30, 1983 and CITY OF PALM SPRINGS, a California charter city and municipal corporation forthe SUBDIVISION OF PARCELS APN 510-270-003 and 510-270-002 THE ACTING TRUSTEE OF THE SUZANNE D, PARISH REAL ESTATE TRUST RESTATED AS OF DECEMBE:R 30, 1983 hereinafter called 'TRUST"and the CVTY OF PALM SPRINGS a California charter city and municipal corporation, hereinafter called "CITY", agree as follows: RECITALS A- WHEREAS, the TRUST desires to donate 17.36 acres of land consisting of APN 510-210-003, 510-210-017 and portions of 510-270-003 and 510-270-002 for the purpose of preserving the land as natural open space; and B. WHEREAS, the CITY desires accepting 17.36 acres of land in the Araby Cove and Araby Wash area for the purpose of preserving the land as natural open space, C. WHEREAS, the TRUST desires to subdivide a portion of parcel with AF'N 510- 270-003(Rock House Property)for the purpose of selling that portion to a private buyer to preserve a small group of historic rock structures consisting at a small house, horse barn and poolloutdoor recreation area wlth the remainder of the parcel to be donated to the City; and ORO 448627-3 032599 OD10 Description_Riverside,CA Docurnent-Year.Doc1D 2009.176464 Page: 14 of 65 Order. a Comment, D. WHEREAS, the TRUST desires to subdivide a portion of parcel with APN 510- 270-002 for the purpose of selling that portion to a private buyer, NOW, THEREFORE,the TRUST and THE CITY mutually agree to the following: 1. The zoning of the existing parcel 510-270-003 (8.40 acres total) is R-1-A and the zoning of the subdivided parcel would maintain the Rock House property(2.61 acres) in residential zoning (R-1-A) while rezoning the land received by the City(5.79 acres)as open space zoning(0-5). 2. The,zoning of the existing parcel 510-270-002 (0.11 acres total) is R-1-C and the subdivided portion (0.04 acres now part of Parcel B, described and shown on Exhibits C and D) is to be rezoned as Open Space zoning (0-5) and the subdivided portion (0.07 acres now part of Parcel A. described and shown on Exhibits C and D) Is to be rezoned as R-1-A. 3. The zoning of the existing parcel 510-210-003 (5.78 acres) is R-1-A and the zoning of the existing parcel 510-210-017 (5.75 acres) is R-1-B. Bath parcels 510-210-003 and 510-210-017 shall be rezoned as open space zoning (0.5). 4. The Rock House property includes horse stables and was historically used for horses defining the equestrian nature of the property although this use has not been active for many years and the official zoning of the property is not and has never been for horse use. ORC441627-7.032319,0010 Description:Riverside,CA Document-Year.DociD 2009,176464 Page; 15 of 65 Order, a Comment: 5. The Rock House property is subject to the Hillside Development proviisions of the City, requiring a higher level of architectural scrutiny for any new structures there. 6. Any subdivision of the Rock House property would be subject to the Subdivision Map Act, and would be required to demonstrate access to sewer and water. 7. Access to the property has been legally established across the Levy Road, as well as the Lineau and Petty properties, by the Appellate Court opinion filed by the Superior Court of California County of Riverside on August 10, 1999. (ref.Attachment 1 —Appellate Court Opinion) 8. The CITY shall accept the donation of 5.83 acres via Grant Deed from the TRUST to be rezoned 0-5 Open Space and by doing so allow the 2.68 acre remainder parcel to be kept or sold by the TRUST under an R-1-A zoning. The City shall issue a Certificate of Compliance on the newly created 2.68 acre parcel to facilitate the sale of the parcel by the TRUST to a (private buyer prior to closing escrow. 9. In recognition of the historical use of the Rock House property for equestrian purposes to include equestrian boarding, the City agrees to "grandfather' the equestrian use for said property In spite of the R-1-A zoning for so long as, and conditioned upon, the continuous equestrian use of the Rock House property by the private buyer. In the sole discretion of the Director of Planning for the City, should the equestrian use of the Rock House property fail to be commenced within twelve (12) months of oRC"16Y7-3,a323LY.0010 Description.,Riverside,CA Document-Year.DWD 2009.176464 Page: 16 of 63 Order.,a Comment: the transfer of ownership or If the equestrian use is discontinued for a period of twelve (12) months after-commencement, the Rock House property shall lose the aforesaid "grandfather" status and any and all future equestrian use thereafter shall not be permitted.The equestrian use of the Rock House property and the "grandfather" status thereof is personal to the owner that receives title directly from the TRUST and does not run with land nor is it transferable to any subsequent owner, but expires with any subsequent transfer of title. Additionally, the equestrian use must be non-commercial in nature in that any horses boarded on the Rock House property must be owned by the owner of the Rock House property. 10.This Agreement may be executed in counterparts, each of which shall be deemed an original, ORC 448627-3.032589,0010 Description:Riverside,CA Document-Year.DocfD 2009,176464 Page: 17 of fie Order:a Comment: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on o y R--jn ba,Y2� caY "TRUST" THE SUZANNE D. PARISH REAL ESTATE TRUST RESTATED AS OF 's/ DECEMBER 30, 1983 Ronald N. Kilgore,Trustee of The [� t _ Suzanne D. Parish Real Estate Trust �1� restated as of December 30, 1983 X APPROVED AS TO FORM Attorney for Trust "CITY" THE CITY OF PALM SPRINGS. a.Califomia charter city and municipal) corporation 9 David H. Ready, anager A ST: APPROVED ByMCOUNCIL ��� tnpson,City Clerk `�j.740 APP VED AS T M: ougla C�Hqtan'd,rGlty Attorney - f t ORC 44U773.032599M10 Description:Riverside,CA Document-Year DOC(D 2009 176464 Page: 18 of 63 Order. a Comment: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on "TRUST" THE SUZANNE D. PARISH REAL ESTA E TR ST TATED AS OF DE ME 1 Ronald N. Kilgo , Trus of The Suzanne D. P 'sh Real tate Trust restated as of D mbe 30, 1983 APPROVED AS TO FORM Attorney for Trust "CITY" THE CITY OF PALM SPRINGS, a California oharter city and municipal corporation David H. Ready, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ORC 4416274 037$19.W1 V Description:Riverside,CA Document-Year.DociV 2009,f 76464 Page: 19 of 63 Order.,a Comment: Attactlment i 'Appellate Court Opinion Description:Riverside,CA Document-Year.DoctD 2009-176464 Page:20 of sa Order. a Comment: =Uxorr, WILL 4 161 MY ,LLP 1-125434 ` n.kM �7Q; 10191 K�oRn i408 I>eV1ris; CA 92913 . (949) e31-0633 i pN1MPA(44MC�.nW ' Fok- y min p1M1.1T n. O[Y Nr(Y.I/�y1�1[)Y(�Mi(��'UfYYI f R�Mu1M•: �1.11lll..-.�.-�--. city , 1 nP a.w+ec Phone# _ teen. . Ccnlant lerna I+KTIAIN WSW at umc puron.d TYPE of s5RV1FE _ MM dQNFonMW �Wn �� bcln Nei Mwmr - copnis ' ❑R ly Q N=1 Day 1yfi�0 fen O qqww , wwam------•-- Qor.. x SPECW.Ima"LoanoM l l bfztth lhdlwte . dowmcnlS • fi0 CF���A-f�I�1tiL:�J �ct.�rir�` 1NUlA, ``� � . •U town ;• . 1 Qvw xo I Mn'O �yR+� Nrtar lrler rwunr wre�oea�nenre,prnwmnae urirm i i.rWtiry C'u11llY�nw YHedM`ww�wdlh�IrMMMYIGM[w�v�.n�wirwtiwpr.�r.W.�r�.Wnl'R��.trwwv��+^+�� � Vw.+FMV�44.yH.wMN1�w.we�Mlrti..11MmAMM��anww�r oop x�Mwww.^+� 1 Fie•�bin Pde AavwwD F«: E WaItPwwmvh-nm■: n]tlVtr SILLING Copy I Description:Riverside,CA Document-Year.DocID 2009-176464 Page:21 of order:a Comment: California Ccum-Appelllatc Ceun Case Information ruge 1 of 6 ` CALIFORNIA APPELLATE COURTS Ili Case Infurmatlolo S kh Appellate D[strict Division 2,Akan Cutk.andAtttmcira Ttw mil ocket(Re ster of Actions)ehaelAfdfrretd.v.mvMlLevy x Humbler . i pet& oeaerl Naha ,. i f)N1999 NW0,*�dal M sop S.1M.David Lary, rr i I 111=1999 Letter In counlel-todayto Nadocketirrysmtsment, . 12/p I00RerxNeddowmndergIlad: dW9sw I, 12WIW9 To court. - "amawfabfuider � 12/01999 Docla thlI VaNment4fad. 12(10111999 ReuW c1mmend emidad: edls cent for yeller from datarlt for i lallum to correctly pnxesa appeal 12=19aa To coulL dx'a wdwfEie folder 12/05/1994 Orderflied. ct hasoueideted cik's owl rded• _ 12H1%&faq forridlartram dMauk is pmt unat is prridee man to sen affils iwe' '. • deNpnaden arraobrp Wlclk eltrop cl ' wile 10 days Leda arda* 12i17119a9 Nallea to mocrtar b prapara did 12117Aft,w C aM0 4 - IAmscrlpL 0viww 0 Notioadfowdconv*wn cwsew 11f2do0 ' rawiwd. . M92O00RaWmbddocumantfornon- C-2&R- eft old rec&- fK*fionof j contarrmas. remd not e0npfe4od .I 03202000 ITqumed doculltatt for rroc- C-2&R-I:m Ygmrure an UWE cad ' 17enformaroe. ' 03131k000 Rsowd on appeal hled. C,2ARA O411412000 Raquaated-extension of tint Abater,Pro par Panji Levy,Dniid - Oi20.200otianted.extensionofime. Adamay:Pro por(no AA1Wrplm ,-) . . parr Levy,Pavel 05131=0 IicOdrthpplfdaddn W aunmuk by apk wlwdn b Wa Ace raced Mod. ' wor,2o0o motion to dlsmlw Ned talier W fupoaderds. . . records, . . 00108a0001'o aoud, Mb bdiemiasfespondtlnls. - . . applrs Mtnto zrnefWexln ra0 @id) . ht ip :I/Bppcll19ccarcf,court[rtio.cxpovlsdrecL/caxddor7Lctr.crm7diatW7.&dac ed�6S4Z3A�dnc_ao-C1126130 V2612008 27 Description:Riverside,CA Document-Year.Doc1O 2009-1 764 64 Page;22 of 65 Order. a Comment: [:alifdmia Cco117-Appellsta'Coarr Case Informorioe Page 5 of6 OMMOO1 To wurt- appirs a tided page 3 to fug fhr ektri to Ee AOa 0602DO1 ReceWed doatmam en6➢ed: appro addendum to roq ter etdn to. . see AOo D=w2Q01 To oo W eppWs addandumto req fm mut.. 11 iwc01 Filed 60=9 derlyff" 2nd amended e➢p for roveraei by a�pll 11r132001 TOowrl- wpfft second amended RpuGstibn Tar ravwral 10152001 Filed document entitied- applrc aacand a neMod adp fur _ 1111GR001 To onuA, appra eacond;mnex ed Rip for ' ' reverwl I' . OD112= ardarhkd. allerumough swydrw(4=d6 Wa5ldar250n of the vHpa to . - reveres Thd cup et)udD =L the d •i has daterninod 0hel the pgpmd nweraal.woOd not be an appmpdale . naaYrOpn of the dare a the ct I . dodos thi second ammndad alip icr mverial;en atb#t be da kft its mWcrnenl pmDmM.persons necessary 10 complete addcnerd r are Michael AMOr,RDban L.NAW11, 0avld hl Law.Ronald N-Kbom i John Nhaman;partiK ev dkacted to 6fa wklk wrA 20 days, . • - letlwv addlm➢la,deleting km,or otherwise omnclin➢thla WA - . of name i addratud:arry change. . . mull be Accompanled.by a short r erplakwftm In the came Itr,parties . • an dlrechad No state one m _ mm phone numbmat which each - pond may be feuri ty Hie waWa(rwnl - ' coanlnabreludnD earned batlneu • hour&to arrapgo a den fcc0ra i Initial wWemma croft be holdat - via earrk die ddecled to . mall a Dopy of fhia order m such person Itsted■bwa at address. . acwrrarry g the pe=n!S rhame . (tee erdso x wt6amenl . . _ maidYglar - - 09/30r2002 Flied: WA1a War pur crtz OnIwNod $W M.(Llr whrtehmnrs .. lerwehted WOD alga elk.) - . . 10011=002 Sled lsttw•Rwn; ally Seim Ealy Hemphill 6.81eedal . 010 1011102 ro Iheb da tJuhn Wassmen was not a Party in the . undaryfta lion,., . . ttaOl12D= oDown. AalUderw/6rframapplt Levy lib . from Obt UCK el W. J=W3 Opinion fl d I - WaPA for apnedonofPape13of calnian flied 31131M - Appra Mtn ro carted peps 13 d • WlpJlappelbrtenara,wurGnface.YOv/uareh/uaddoekOu.eSo7dict-42&docjd�651234dcdoc_no'^EO2G130 aJZfir200Y , Description:Riverside,CA Document-Year Doc ID 2009.176464 Page:23 of 63 Order;a Comment: Cali romis Courts-hppdW6 Court Ctm Information 1! Page 6 of6 03r10r2003 Tocowi. aplNon II C312M003 Rlae eocuhYntentldetl: appsa ameneent b min for correction of pq 13 of 0*ion fllod MW3 t 43r2112007 Tp W.6% Apples amsndreafd to enIn b - • - rarreeR-- 0324r2003 Filed documerd enliW:• Red smwrdmwtto min fpr mrmoon of p.13 of n filed U13M 1 2red am Mid to rrm formRecion' 04/102003 Order m nwtkM Mod. 7 4 denhs apW&enter for Correction �. WWI M R'srMdmenhr rand � 3aua S324M - OM23¢003 Npre: - copy of doast sent toten oft date ' pewhizact P6MUM3 Renewed mpy of Bupwm appl for rohdae from dafsuh CWertling- . (sapmm9ary I. . . 05d06/2omServicempyofpeidanfor applm review r.rewea � OWO6r2003 ReceNedoppyclSupreme *ruts to pet for rariew- 1 - Caurtrang. DWQCQOMReoelvcdIcilarlimm, AtP3P (n atda )Wnwtuftmaopyof� . . 04r0020P3 NtNe:- mpydpape 73ofopinlonicaurlh - rnarliro 961 sent to appd per. IYA safltae mq � W142W3 TeWbone mrlvstsatlon wdh: wMarerre pf SuPmdd aha va W i owl Appir's min for relief hom , . . (lemult Ned wmwm Sralm w/pe"m for miewwac denied an rwMk puts will be m mdar• 8115615 .. DIM4V2003Mmm&W- - bysppetormcorielderaVonofboutts . Order Algid M1MR3 or N • • sltemetMebrBcae Mmil(iur(rT ' issued) " 06f11d W3 To court applra lntn M17rroponcldsradmdeed otdmrdtdwuw ' 091%2003 Ceder reed. d daNes applrs men Mad 5114M For rC(amideraWn ads order . 0i14gr2003 RaN01Wr laced. ' - .. � I • I . 05l1G7"2003 iCase oomplstA. - 09tOdi2006iRecprdlndrt<Ihftlore7e. Ustl,Bax53.9RG00172d7 - Clink hem to tsiltlsst AutdrNt s msy noyllosdaits about tlrh cans. '• •. ez"? 4yp4tfl Caterer we irltfrrnla - hGpJ/appef}mcemce.mrutunfp.a�tiovluarchlcatddockett.crib?disl=41�dda}d�b59274&dnc no�FAZ6136 412620d6 r Description:Riverside,CR Docurnent-Year DoctD'2009.176464 Page:24 of 65 Order:a Comment: ORIMNAL COURT OF.APPFAL--STATP OF CALITORNIA FOURTH DISTRICT DIVISION'[WO APR 1 0 .003 MICIIAEL,ARTHUR at a)., rp W aE x¢cv C " Plointiffa,Craxs-Defendants and EM6130 _ Rcepondmnz6 . . (5uM,CI.No.INC4357). V. The County of Riverslde DAVID X LBVY, Defendntst,Cross-Complainant and . Appellanl. - THE COURT The court DM4I85 appellanf s motion for correction filed Match t 9,2003, with the amtmdmtets Sled Mafeh 21*ad 24.2003. The retard suppotti We statements is the opinion rcgxc ng the route and dimewd-ons of the prosaipdvc rasemea Acting Pd. cc: See attached list Description:Riverside,CA Document-Year.Doc7D 2009.176464 Page:25 of 63 Order:a Comment: fA%T K'G LIS'j i0k CASE:4026130 ` ' 1 $_perior Cmut Clerk Rnrmride ca=y P.O,Bm 431-Appeals - ! Mmidds,CA 92502' Setxar,EcTqI,Hcmphill'�ula�ed4I" Dtaaa C.Blaadel 777 E.7al*tzCanyan Way,Stile 323 Pelrn Sprite CA 92262 • '_ 1 . David levy . 2550 Araby Arive ' PAIMsprias;CA92264 MichW Arthur AhN 3kvdapment 437 Sottth Bnstel AventA 1. ADoges,CA 90049 . Rabert L.Nahodit do w bite Water Trout Co. Whitewatcr,CA 912U . Ronald lUpro •de Cwetdeaf7h& 490 W.Scuth SUW - . xd=azan,W Own 4621 Description:Riverside,CA Document-Year.Doc7D 2009.176464 Page:26 of 65 Order. a Comment: NOT TO BE PUBLISHED IN OFFIML REPORTS MFN •eiiatlr rw°� nneMm.' ev nr�i. ppx�n Uroi u°".na.a`wrrnl ienr . IN THE COURT OF APPEAL OF THE STAT$OF CALUI'ORMA FOURT11 APPELLATE DISTRICT 131VISION TWO MICFIAM ARTIM of at., rMAO�R-1 2003 PlaimitTi and Respondr:ms,• PA261ffR�1 '}� V. ' {9uper.Ct.No.INC0093M DAVIDM LEVV, OPINION Defendant end Appellm APPEAL.from the Superior Cotat of RivcAido County. Charles E.Stafford, Judga. Affirmed withmodifiatious" David-M.Levy,in pro,per.,for f]afmdant and AppollaaL Michael Arthur and RolmtNahodil,in pro.per.,for Plaintiffs and Respmdemfs. Defendant Dtvid M.Levy appeAs from a jadgmeat quieting fitle in plainiflb, Mfcbnel Arthur and Robart Nabodll m a 50-foot Mdc road easementloented in the outrldrp ofpaim Springa,tanning from the Ardwr-Nahodi7 property"tbesst across the Levy prvpetty. In the 50-fooFwide emeanenl is Old Arehy Road,a rvughfy paved Toad 32 Description:Riverside,CA Document-Year.DociD 2009.176464 Page:27 of 63 Order:a Comment-, about 10 to15&ct wide,which continues beyond defrn is is property through adjoining lots in a city erect now known as Araby Drive but odynalty called Tama&Avenue. The property can bast be des aribed by mferatee to dw asaeseor's map.attached. plaintiM owned tat 3 at the time the judgment was tandeviA an 84 acre lot shown as parcel number 510-270-003 on the assessof map. Their access to that lot is prlucipaily over Old Araby Road,which,ut addition to surmiu within the adjudicated 50-foot casement also nun vrithin a 25-foot-wide,800-foot-Iong strip of land Iowa as lot 12, parcel 51 D-270-012,am the asstmsor's map, Tbs plaintiffs have admitted"t defendant owns lot 12. Additionally,defendant ow'M than lots adjWeat to lot 12: lot 4,panel 510.270-. 004,lot 13,pinxl 510-270-013,and an midivided oaathird interest in lot 6,parcel 510- 270-006. The owner of the othcrtwo-thirds into=in lot 6 Gas not been joined in this action and isittamfore not bound by this opinion.• -Ao parties have stbrtitted two stipulatons tb reverse the trial court'judgmaat. We accept the stipulations as"GunibWons ofcroor"NO revese the judgmoat,modifying it to coirdct sevand errary 0)the easement is only pttycriptive and is not oreaued by expreas ngeement,Implication,or ncceasityi(2)the eaacmf nt is not unlimited or of unspecified ch nnui but it only forpurpows ofin grim and ogress to end fmm t plaintiffs'land.and(3)the easement is uo125 or 50 feet,but is the width of tba narrow pivcd road used by plairiMU'and thew Umts and agenm. z 33 Description:Riverside,GA Document-Year.DOcID 2009.176464 Page;28 of 63 ` Order:a comment: THE FAM A bunk originally owned all ofplaintifW and dole adant's laud. Tho bank sold dcfeudant's land pole:A,6,12 and•13)and kept plainti&land(lot 3). Itt 1929 and 1930 the new owner of d6crndant's land built a circle drive just bcyoad lbe cast boundary of for 3`The uonitem half of the circle drive lies in lot 12,and the:outhcm half of the circle lies in tot 6. He also built three stone houses on lots 4,6,and 13 whets they bordered on the circle drive. The circle drive war oounected to a public mad to the north(then Stogtepach Road,now No Verde D4vo)by a dirt road that fiat tun west into and through plaiaSiffs'lot 3,which was still owned by the bant hi t1w t:arly 1930's the owner of lot 4 and the owners of late 6 and 13,gained erne to their property by ftrcling from the north and west across lot 3. later in the .1930's Edgerly,who awned lots 6 and I3,agrwd with,Martin,who had acquired lot 3,to' stop coming lot 3 to gain assets to her properties turd ingtead r4 oundmct and use what would be called Old Araby Road. Su*qumt to its construction,various deeds anti deed racmtiioh3 were areculud that the trial court construed to apply to Old Araby Road,but in fact they did not dcsctibe or apply to tiro property setusily used by the partim ftve the 1930's,Araby Road has been used by the people living onions 3,4,6,and 13 to gala access to the properties. Whau the parties to this proceeding ptuchaaed their lots in die late 1970's defendant lived in a house on lot 4 and plaintiffs owned a house on.lot 3 that they leased 3 34 Description:Riverside,CA Document.Year,DocID 2009,176464 Page:29 of 6S Order, e Comment: to a variety of tenants. 71 v ientmts gained aceeao to the houses using the tall now in dispuia, Defendant contends that any right to use the road as-access to lot 3 tensed after 1989 bc:ause.plaindffa'house was not occupied consistently and the toad wax not consistency cored. DISCUSSION The judgment declares the existence of a nonexclusive,unlimited aas cmmit in favor of the plaintiffs'lot 3 in a 50-foot=wide sttip.of land. From the above history wo can now diccom the omreet and ineocrod acpt=of the judgatent, ' Fitat,puagraph 1 of Ilse judgment is retreat an the fuademenial point that 11,iete is a nu nmolusivd eosemeut appattensnt to plaintiffs'tot 3 over laud concededly owned by defendant(lot 12)and ie land in which defendant owns an inferest(lot 6). However,tho trial taunt mmd rotpoaft the ways in which the tascmcut was created,the purpose of the umnarn,and the cascrocra's width.• Tbedistiaodoas in the four"of easement are important becmaebuth rho rights and the extent of the easemert depend on.the Way in which the csaenlent was created. Eaternen tnc cm1od in maentially four ways:aprasaly,by implicgtion,by necascity,or by pv*;riptitnl,t .Tlle tr1a1 court found that each of 0iead tboxita applied in this case, •k r Soo Fi Miller&Starr,Califomiti Real:Patate(3d ed.,20110)Easements,section 1 15:13,pagcc 56.58(ge ner'ally),section 11:14,pages 59-61(Lntpress grant or tmmvation), axtioa 15:19,parts 77.79(implied gtnmt or.roo vation),aeodon 15:27.pages 97-102 (nepeyxity),section ISs29,pages 195-108(ptoscription)(heieintilterMillcr,4 Shur). 4 Description;Riverside,CA Document-YesrpoclD 2009.176464 Page:30 of 63 -"' Order:a Comment: howcvc''beard on the docupwnta and evidence pnetented at trial and judicially natimd on appeal,we find that the only mut=ut appwiewnt to lot 3 is prescriptive. I i. Fxprau•F.ase:raent An express easemrnt may be created by conuwt without worde of eonvcyance, even though a leant or teservation in A.deed•ie more common.= A document creatce an i casement when it mabifla5U an intent by one landowner to give another the tight to nse hit I I or her land 3 The grant of an easement is cottshucd in the tame mannar na any contract a l Tho btatpretation of a conntrael depends fled on the plain meaning of iti language ft6 n which the ptaties'intent is beat iufctmd;however,if the lanpago is Wbisuoua,exttiasla ' eviduaca may be used to dotormino a miming to which the contract's IwVge is reasonablyanseepttbles r A See,e.g.,Knoch v.HalzUp(1912)1G3 Ca1.146,149,151-t 53;Golden Wert Baseball Cv.x City ofAnahMm(1994)25 Cal-AppAdi I1,35(whether Ieaca created ewemafy(hemludisr Goldin Weal). a Rice v.Copiral Tralltq�Sales ofRedding(1966)244 Col Appld 690,692-M (aeement created in trust deed encumbering the dominant tenement at time tnWor alio owned the aervlent easement) 4 Civil Code cccboa 1066;Miller&Starr,snare,section 15:16,page 62. City ofbfanhattae BWh P.Srrpsrtor Cowl(1996)13 CalAth 232,246;Golden West,supra,25 Cu1.App.4tE at page 21;MMcr&Smtr;supra,section 15:16,pages 62 , 65. . 5 as Description:Riverstds,CA Document-Yesr.DociD 2009,176464 Page:31 of 63 Order.'a Comment An appellate court independently reviews the aumment and voinsic cidence, wen if That mildenec cauld be interpeated is different ways;however,if tha=01tlti0A of the cre&bility of eon0ieting evidence deurmines the interpretation,the trial oouds intaptctution must be upbeld if it is reasonablaa Although the court found,and the parties agme,lhsi the 1033 Martit-Edgerly agmmmt crr+rted a road m=cat in fovar of Mattin'a lai 3,neither the urlconflioling• extrinsic ovidsaea nor the doco=%itself(ropmdluccd is pertinent port with italics added) gupports that comtrwoon: "W1IMAS,Pede Wheeler Martin,who is buying 83 arm of land[lot 3)..- through which Helen A.Edmly has it right ofwsy far road Wrposm,[11 AND WHERF1AS,hits.Martin derirer nc�rciinqutshrnertt of astd ri r of way oriel abandonment ofsaid mud. [I) NOW,TUREFURE',it is agreed to band a now toad to sermM a.Edgerly's pmpady and the Hopi hourea awned rerpcchvely by Mrs.Edgerly . [the two on fuutr;lotr 4 and 13).rnd Mrs.Martin[the ode an lot 4),located on&"go deeded to Mrs.Edgerly and rmadM Juno 6,1932,,...M Sad rood-to comteol with rho South sad of tamarist Avcauo,Araby Tract Tha contract for whicb b a boon let to the •= 6 Goldin Peat'supra,25 Cal.AppAth at pages 22;Hiasnb«g ct al.,Califamla practice 4uide:Civil Appeals sad Wrifa(Rte ltutter Gmap 20t10)paragra h 864 et ate., .. d 37 Description:Riverside,CA Document-Year.DoclD 2009.176464 Page:32 of 6a Order.a Comment: r 'V,P:Hunt Company of&edlauds for the sum of$1,000.00,(qJ In consideration thetefom, • i Mrr.Marries hemby agrars to advance to M-s.Edgerly herpropavrron ofrhe cad of said road In the stun of$333.06. [y) Mrs.Edgerlyagrcea to the abaudvaaunt ofsaid rood across the 03 saes arore ssid to becomo[e]ffective upon xhp completion of tho mcw road connection with tlm South cad of ramaxict Avenue, [N) Helen A.Edgerly funbei agrees to reimburse and pay to Mo.Martin,together with intcrest at the rote of?Viper annum, until so paid,the sum of$333-00,„id mosey to be paid out of the proceeds of the first s,lC of propaty.now ownW by Helen A.Edgcdy.... £QJ Pedo Wheeler Martin is bcreby authorincd to pay to H.W.ok said sum of S333.911 upon completion of said road no$,Merlin's only intent wquessod in dt document itself is to prevent Edgerly' fiwit using lest 3,to which Martin acquired title the following month,as scam,fmm Stagecoach hoed to EdB�iy's preppy,ft foram lots 6,1 Z and 13 ndw owned in whole , or parl by defendant. This comnuction is iuppwted by the tattimotiy of ace of pfmintitfs' witnecaea,xealtor Robed Fey."But the dooumenl you say ipcslts to itselfthetlVlra Muttin wanted some privacy and offmod to buildthe road:..so that she would.-..not h►va her neighb6q going through[her prepettyj;" This construction wax also supported by the .. t=timma ofdefcnda¢t's title capctt,who 1cstif.i9dlhtt the agaccmuat impffed only flat the moment over lot 3 wasbeiag terminated. No esdaimie evidence oontcadicta chic conclusion . 7 Description:Riverside,CA Document-Year.DocID 2009.176464 Page:33 of 63 Order:a Comment-, • i . We conclude the 1933 Martin-Edgerly agreement did not Create an express , casement for access to lot 3. ' ;2. liap7(ai.Eusern�tr - I , Implied caveracon arise only whoa(1)a landowner uses his orher lead in a way . tint is(a)obvious or knower and(b)apparently permanent;(2)the landowner ihca convoys,part oftlw land to r[mteone else;end(3)the wasovable arse and benefit of the conveyed pM.reasonably regWme that dw unconveyed•part be used in the some way it was used by the original owner? In thin case,the use at inane u Old Araby Road;plainriffs must contend that the conveyed pail hurt would beacfrt is lot 3,and the burdened,uncoaveyed.part would have to be lot 12 u d a small part of lot 6 where the southern portion of the cirde drive runs; the only landowner who owned both the oaaveyed inn v=nveyed parts was rho bank, , and it was the bank•that oaaveyed the land(lot 3)to plaiatiffi'fast pmdecessor,Martin; •bowever,rho bast never used Old Axaby Road,wbich ivas fast bunt and used by Edgerly. We 110 not bm an implied easement bere for cnveral masons. First,when the bank owrvxl both plaintif&'rod dvfcpdant's laud,the Old Araby Rand.had sot been conctcucted,much lots rued by dap back, Second,the lattd to be benefited by the implied . •7 Civil Code section I104; 2ldherv.Gubrieken(1998)68 Cal.App,4th 131, 141.. Description:Rrverside,CA Document-Year.DOCID 2009.176464 Page:34 of order..-a Comment: i eesemcot(Mama'&lot 3)was not conveyed to its crew owner(Martin)by the owner (Edgerly)of the laud to be burdened(Edgaly's undivided 12''A acres),bocaoac Martin acquired lot 3 from the back,not from Edgerly. Thus,the trial court emtd in finding Old Araby Road to be the subject of an implied rasomeat • i 3. BaremewbyNetesatty Easements by acceasity occur only when a landowner,(1)convey&part dfhis or her land and(2)the conveyed land is landlecteod completely by the lendaweef'a. . remmtning land alone or logether with•the land ofothasa "fhe standard it no longer one of sinct nccesshy,but of mucan:lsletrgeeuily for thehaneGoiel case of thn I&nd9 Evidence was presented that tkus stow over plaiptifit'Smoltewood Avenue lot was rsa(rietad,at the time of dial,by the City of Palm Springs to only&-fair weather road, Nevedliclesc,once again,we have no casement because of the common ownership• toquirerucaL Lot 3 was not lendiocleed when It wadw(. nve)wd by the tarot,the oaly landowner of both tho•plairitiffs''aed defendant's prop" When the banks conveyed lot 3 to R.Lze Miller,he had access to Stagecoach Road over the old dirt road as lot 3, = dinorva v. i3'dsh 0 995)38 Col.App.4th 104,1049. f Leonatrt a$aydon(1980j 110 Ca1.AppU 2ti3,269,270,273(qo noeusuity whore altemadve meaaa of acaraa availsbic at reaaomble cost), . 9 40 Description:Riverside,CA Document-Year.DOciD 2009.176464 Page:33 of 63 ' Order:a Comment. 4, PriwcHprlva6aawment The issue Item is not whether plunUM had cssblirhad a prest4five ceaewcut, • f bemuse defendant conceded thu plaimn had acquired a ptusuipfivt tas"ml by 1989. } i The issues are the extent of plaintiffs'prccuipdvc rights and whether piniriliffi abandocled Ihcm. The ex;umt of 4 prescriptive easomcnt is&Aermined by the extent of the uu10 respoelkg ttu:ahamdeatamt of proscriptive easements,physical interruption of an established adverse use does not affect the ptes®ptiva rigbts unless the adverse user ceases using the twernent for the five-year prescdplive period" Gam that can be Mod and closed rtt will,or to which an adverse user has a by,do Pot Mcioatly 'iritemipt the 44vmc use,ls posing a sign does not affect a vested presa iptive ritht.13 if,O Banien v.Barba(1948)32 CaL2d 145,155. 31 Civil Code acction 911,subdivision 4;ZOwnerv.Dyksrra(1974)39 Ca1.App.36 422,434,435;Millar do Starr,supra,a9otimn 15:33,page 12L. 11 D'BaWn v.Roft supriy 32 Ca1.2d at page 154;Silwlra v.&Wlh(1926)198 C41.516,$19;Millar&Starr,mpm,section 15:33,pages 120-121. ' 11 Har7,Wn v,Bawls(1956)139 Cai.App.2d 170, 171-172, 175(Ogo said that us permMon to p was revocable at any lime);Miller&Slarr.awp o,Medan 11:36,page 132. Description:Riverside,CA Document-Year.DoclD 2009.t 76464 Page:36 of 63 Order:a Comment. i j . i We must affirm to trial Cmut's ddara nations no the intro of extent and abandonment if aabatimWi evidence auppom them,14 ' I Defendant'a claims of obandomomt were cantered at final with documents and testimimy that,although there were some periods of nonoccupancy,the Old Amby Road I access was used by one of the plaintiffs several times.thou teal estate agcat 25 to 30 . times,and their gepml cbakector three or fain times during the period of alleged abandonutent plsinliffs consistdnily demanded access whenever the prescriptive j ra c=cnt was to nivri6ly blocked by a woodpile or looted gate- Aefepdant acceded to these deuutads making no metaited effort to block ple6dW access. Thn gates,signs, and recorded convents did not imply nonwo or abandonment and otharwise had no effect an plaintitu'vested prescriptive rights. The pWakM'rase provided subs m&I evidence that plaintiffs did not abandon their presstiptive eastimcat over Old Araby Road to the plaintiffs'gate. We conclude theta Vl tmtlal evidence aappoitp the trill Man finding I ofapreacriptivecaaementuofthetimeoftrial. However,the only easement belt$preteriptive,its ezreat is limited by its use, which was only of the paved road,'mule drive,and short mad to plainliffs'gtto-not a 50- fact-or even a 25-foot-wide amoraent. Alan,the%aw was only to access plaintiffs'lot 3- not to access any other lat. The trial court'I judgment is defective in throe respeeta,and 14 ft"arww v,t:hlt spa Motorise Cet/taga,Inc.(1984)M CaL3d•56.4,571. . Description:Riverside,CA Document-Yeac.DWQ 2009.176464 Page:37 of 6a -' Order.,a Comment: i must he modified to limit the pmerlptive easernent to the scope of itu actual uae-only along Old Araby Read itself,trocnd the circle drive,and to the p1sintiffs'gala,and only j. 1 to erects lot 3. Rdumiag to the judgwwl,with thtsv fi4ldinga we can now mortify the judgment in detail, i f Pamgtaph 1 requires amendment ca(o the kind and deiaription of the easement However,based on the fintdemental poifthat ll a plainliffrdo have aprescriptive easement,in paragraph 3 IM judgment correctly egjoiaa defendant from interfering with plamtif]s'use of un can mat. In paragraph 2 the judgment also adjudieatcs the Cross- , complaint against defendant and in'favar of plaintiff:,which again follows from the exisleace of the euamont 'Cho defendant does not contan this adjudicatiea,and it rsmakA jOURI l under rho modifications we will muke to paragraph 1: In paragraph 4., Ow judgment awards C601s In plaintiffs,who rnttiala the ptevailing parties under the judgment as we will modify it. Thus,wo'wtll preserve paragraphs 2,3,and 4 ofthe jwlgment - . D]RO3TCION Only paragraph I of the judgment is modified to dolma tho legal desariPtion andm read as follows: "I. Judgment natdered on the eotnplaitrt in favor ofplaintiM RahertNalrodil and Michael Arthur add ago=defendant David Levy,as well as all pmvoot unknown, 12 �r3. Description:Riverside,CA Document-Year.LMc1D 2009,176464 Page:38 of 63---- Order.'a Comment: i claiming say Icgal oregWuble tight ride semis,lien,or inletcst adveme to piainlifllr in the nuncxclusive preactipave casement to serve plaiadfrs'lot 3(APN 510-270-003). The ; i pxcsctiptive eeaetncut u only for tights of muss sod egrets aniy tolot 3. The prescriptive cz a ncnt runs along the did Araby Road from the southeast and of dofendant's lot 12(AFIN 510-270-012),bounded pry poi 3 on the west,Isis 4(APN 510- 270-004)and 13(APN 510-270-013)on the omib and northeast,lot 6(APN 510-270- 006)on the south and soulbwest,and on the east Iot 7(APN 510.27"07)and the i t adjacent lot to the south. The prescriptive easement oontinues to the nortbweat entirely wirhin lot 12 on the Old Araby Road,to the minall circle drive at Ihenorthwcst end of the Old Araby Road,around the aouth'side of dam smell ck4o drive just across the north boundary of lot 6 and mound the north side of the small circle drive w hiriu lot 12;and along the short road within let 12 between the cirdo drive and the plaintiffs'gar do the boundary between plavdiffa'lot 3 and defendant's lot a Not inchtded in the pn=Wp a eruement hero Audicalod is the portion ofthe Old Araby Road lying to the . cootheatt and cart of the southeast end of lot 12 sad onnnectutg with the south cud of Araby Drive. Cumntly the Old Araby Read,eirde drive,and short mad front the circle drivo to Jot 3,are roughly paved,and the maro at'ss it has been used is the width of tha parcrucat. Thus,the prosc*ive,eaeamans varies in'wid4t between 9%feet and 18%feet with most of the easeatent varying between 11 and 16 feet wide 13 Descnpflon. Riverside,CA Document-Year.DoclD 2009.176464 Page:39 of Order:a Comment* As modified,the jndgmmnl is affmnod. F,iiah parry shall tAmt d+dr awn cmd. NOT TO HE PUBLISHED IN THE OFFICIAL REPORTS narri .� J. Y 14 Description:Riverside,CA Document Year 0oclD 2009-176464 Page:40 of 65 Order.,a Comment: ..fir .p 1 s • � rw awr mr>r _6 Y � 9 VA r _ �M SSD•-21 D�04i � �� r . r w � , 1jy i • �- i O1D-21�:4D3 O P �' �� •gym r.. ��r • I ' ,�r�r� _ '� � tq� a q• 6 q. `1 - - �- + Q. Q. s10-270-004 15 a � w Q S10-270-013 S10-210-003 ' € si0-270-01'2 ' liit.4. 510-2?0-004 -. .�.-r .,.. ... 4 G Description:Riverside,CA Document-Year.DocID 2009.176464 Page:49 of 63 Order a Comment: �er�ueuvY )V.n FAR !L• IN N T E ORANGE COUNTY �apprpaT 1 %WF 1 qn- IrKa i nMY rLL! 1'a.ZS1133 "'"' . .xvrins,GYlcarr�a�rsi3 00 y b3!G - o .,'lw (040) {y-0683 Yn Ms.aw� L1El14ewol13T FMM fft p . �� floc tpna 1 qw r. llWtiL�-0�� CMV ,� c'wni at&*zo 1bCM "1,"0' 63_2 XBVARUElvw mwe � DmmotNwne T7+aF somce wie eYgl d oaFTea dOC t�l1t�a e1 t0 .N w„w -4AUPewY. AaiYrTu[Niv ve�iE�AAnrne . pFeYea UH.•aoYr . b- r d �••� A� got Rija •O wwYv .avwcr. •.�� � FaWp c111CSC i 1. ' NiM Yrry1N r�lf��M MI,�1 • ENV dAtlonatV�Ytrlrvrw.r�Y nEp1Y�Y M'w�n�,Ywlwlw�,Y�WY/MYIIn�IIY�M.Y1.IwwYlY1�1��Y,�yF"� Y+vAIYMwrYr Wrw1.,.rrYww/Ynwlrw+F YIFrrYN�/MT�� AdOrYnT tti. 3-f 7-y 5� 47 , Description:Riverside,CA Document-Year DocID 2009.176464 Page:42 of 63' Order:a Comment: INC009357 Actions.Indio Civil do smell Claims Page I Of2 13 Homo raftm* W ugrs AcNong MlPuloa Pandin0 Hearings Cass Rapott lmagn I C290 INCON167-MICHAEL ARTHUR VS.DAVID M LEVY 1 lrmved Oafs I - TOM DloppadslFcarmd 1 I I PROOF OF rERVICEOF JUDGMENT AFTER 1fiWJSfATFJ,1ENi OF N odm3ne9 OSMON,HALLa RAILEY,O6r12A9,SERVED ON SERVED FILED(NOW Nplka6la . • H OB7T011999 UDGMENT{ENTIREACTI ON)FILED:NDNCRABL.ECES.. Nat L�bla 1W7909 STATEMENT OF DECISION FILED BY MICRAEL ARTHUR HONIORAIII. Nut . ' plime[a S D pIs5URSEMENTS,SUM Ndt N �� MICHIFLARTHIIR Rt7FlERT L NANODIL'-USEAIC MM OhOLA-' UN"s RY1999 FJTHIBRS LIST(JOINT). NOl NSA Ioahlo I T113t1lB99:90 GOURT TRIAL(TRAAINrj,ESTIMATE 3,07112W.09:302F:DAYS• JYC9nIOnt bEPY.2F Enkrcd 07/171189➢ WRiREPORTER FEE IN THE AMOUNT OFf6<,00,000NWLFOR Not OEFENDANL07113I99 PAID 9,Y FOR Iicive ' 07l1311999 DURT REPORTER FEE IN THE AMOUNT OF SM.00,000NSEL FOR u1 I P W N71FF 07113I99,PAID BY FOR limble ! 0711VI999 OURTREPORT FEE,IN THE AMOUNT OF Nat 108,06,PLAWFF,07112N9,PAID BY FOR flApgoatla V%ll999. IAL BRIEF FILED BYMICHAELARTNUR,ROSERTLNAHWL Not WAble I i 0711VI299 TRIAL BRIEF FILED BY DAVID M LEVY Y rn liable A 0711MODO ATEMEITSWARATE STATEMENT OF UNDISPUTED FACTS,0003. NOl WA FILED BY bcaMe 7112M989 NTIFF WITNESS LIST Nbl9rads IA 07112A903 EXHIBITS LIST BY PLAINTIFFS, POri61e WA 11PJ7999 COURT REPORTER FMINTHE AMOUNT OF616B.00:DAVIDMMWW.. Not E ,T77I12I9A PAID6YFOR Able 07HPl1999 9:30 URT TRIAL ORAILING1 ESTIMATE 3.0712R9,09:30,2F,RAYS- Gkaelad - AhA DEPT,2F M1nutg6 - 0S✓2N19W9:00 JLIRYTMZ-Wu"- CWnplaled ' DEPT.2F r1B/tti99 if'30 ATUS CONFERENCE-Mmutes ComOyGd DEPT 2F 9n999B:30 TA7USCONFERENCE Vacated GENT.2F hnp9/public-keels,dvetsL<keotuta.ca,60y/OpraAceOsiJC1VILloiviLdwils�sp7ooutTeudr>38&rasmlonbe... ?l1.WIO0R Description. Riverside,CA Document-Year.DOCID 2009.176464 Page:43 of 63 Order.'a Comment: 1 LAW OFFICES OF RICK M.SMIN Rkk IV.Stale,EK. 2 Shca Bar No.:044652 {A' w• •- �., {� 400 a�Fa,ull No o R I G(N A L w�m*W9F vW"M"rf"w 1 Palm SpOW,Caitomia 92M i 4 Telep"m(790)325-6800;Facd4dla:V60)325-0285" AUG 10 09 6 ATTORNEY FORP_Ialf0c L MIMLSON 7 e SUPERIOR ROURT OF CAIJFMNIA CQUNTY OF RNERSIDE i 10' F it MICPIAELARTHUR and ROBERT NAHODIL. ) ,Cake Mm:INC 0093ST ) 12 - PIaIn5119, 1 )) STATEMENT OF DEMON (CalmrrW Rules o1 Clot 14 DAMD LEY,an Individual;al persona 3 232(c)and.=) . unluriwn,dalmtnd ark^lanit or eouka4h )) • 16 O9hLtltl0.eeprla, or fematintlw (I+reyeaadl _ . prep deadtbed in the wmpklm aQwrae . 7a m pYIYiL'A's'esaemeM:and DOER 1 tllrouph • 59,Mltluaha, . 1a 19 )• DANID K L F-YY. mCrcm�ptatnanL !I• .. 22 ' . MICHAEL ARTHUR;ROBERT L.NAKODIL, 23 el eL„ . 24 Clos1-DalnndNrds. - ' . 25 27 2R 736fA'ItT .. Bptenm[dD�dsb+ - Descnption:Riverside,CA Document-YearDOclD 2009.176464 Page:44 of 6c Order.'a Comment: 1 The above amrled wsa rime on regularly for wul on Tuesday,J*12, 2 IM end ooanued drmugh the rmming cf Wsdnssday,July 13,1909.In Dept 21=of 3 the abmm-60filled noun,the Honorable Chades E..Stftd,Jf.,Judge prodding,aJury 4 having been e)q nx ly waived by both parka. P t M.&halo,Eq.eppean'l as oounsel S for plaIWW4;rm3-delendarftAdfw end Nahodl,and Jahn L Sailey,Esq appeared far 1 e defendanUdwi-cornplatiwn Levy. 7 Oral and d0ownerdary evldenee Wn InnWooed on behalf of flee 1"peattre' e partles and the wucm was arguad and submMod for deelslan, The court,having _ v considered M evidence and heard the mryumerb of Counsel and being fully addaad, . 1e Iesuee the folowing Statement of0"Won: 11 1. Y14thregatd1oI11C1aeuaNh�harptllmi(teBeY6lfeled 12 their right4o on aosemenl overafe Old Araby Road whIch abnts Ley$proporry,the 0 court Tlnds,based upon LSD totality of 61a evldwxme drt pUdnW4 have avernm*nn ngty 14 emteblidw the sMefenceof the easement as err egress eatemem,easement by 15 prasadpdor4aummembylmp4ratlon4wWeasementbynewwW. Thewurt based�Ir; 1a declelonofttwfelowkgfacts. . • 17 a. The area In quistlon,of Ala6y Road in South Pah11 Sprtnas, ! 1a Conatttt of a hblda area,lightty Inhabbel. - - . b. ExhM 101 thews that Pods Wheeler With and Halloo A. 26 Edgerly,pmftceteme In Intereal lu the properties awned by plain t and defendant, 21 raepad",a mled late on sarewwrit,and emhanged monetary oonalderrion,an ' 22 March 24.1933,Vkh the Intentto hdmly davalop a read(now lmorwt as the"Old Araby 23 .Rown end Ihai each party would hew a non-com robe ossurnera to use the mad once It 24 was oomplsted. Sy recording aw Agnmmant the padies inlprWed the vawiW to run . 26 vdth this land pardels In g wdlan. . 25 27 - 23 z staarwrdal7ea.lor Description:Riverside,CA Document-Year.OociD 2009.176464 Page:45 of 63 Order.,a Comment: 1 - n • The road was wr pietod and become known as the Old Araby 2 Reed, The Old Araby Road abuts Proport9 uNrW by pfabdbffe and defendant,and h 3 passes.11rnough it large portion of pmpar(y ow wd by Levy,serrient Ienes"L (boa CiW 4 Code§BD3.) - E . 5 d. The benallkand burdens of the 1933 agreement opended as F . _a eerykudas burdening the properly owned by I-evy,it ummor in 1'derest to HOW A } r" Edpeidy. (See CfuV Coda g800,). - � e a.' The Deed tram George Moore to DmW Low whIch granted g Levy lm to paiwls 4,12 end 15 dearly IndbMee fn IN bpi deccdptlon the property is � - ' i 10 subject to a'parp w saiamird and tight of way far read putpown over a chip of I" 11 50.00 feet In width W 25,00 Teat on aadr sift of the 14bwhrg described center line i M 12 ...' pSas Exhibits 103 and 122 and odhers4 Lm"egent vrRrtees feehfied the center ! 17 Rne Rr=In the middle of the Old Araby Road, 14 f. Themaflx,the Old Neby Read was used by the original poop t5 to Ed"101 os well as their euwewum in Interest,Incidduy plaintiff and d"dam. I 1s -g. The Invent oT pre o fginel ow dn,Perie Madn Wheeler and .I 17 HeEcn A.fadgetty.was to provide aooaas to Paroel 3,dq*W on Ednf62102,a parcel 1a now awed by IsHtni (a - . 17 - h. P1a nft purduwd their paresis in 1%lt,and Law purchased 20 hfs panels In IST7 and 1078. ' 21 L, BeMban 1970 and 19a9,idal0 s had Man*on their properly 22 who used the OW Araby Road for Ingress and sgnm. 'Babreen oppmAyMely low 25 and 11106,p4lmlff7'propirty was vaesnr,bew=Law)'had made numerous oompfa " 24 to plainttlfa co neenllag aeridline of"r 1a+rarlts ore plsirtsffa property,Psroef•3. In im, is Levy IMtoduoad plaW t to a Iananl who wriodAw property on Paraal whom glaln016. 20 25 3- sfauoesatafDKWwh Description.Riverside,CA Document-YearDPclD 2009.176464 Page.,46 of 63' --- order:a Comment: 1 1. At least once,Levy placed a lock on No gate to prevent 2 vagrants from passing awr the OW Araby Road;tw ,mw,on April 5,1091,Levy pave a - ,a key to the tout tp Bob Feywho Levy knew was m real white broker roprowntlnp 4 pWkv fsIn%ok*Rompto.epubrpropenr. (Exhbl[e) . a k The ua"e of the Old Araby Road by plefnlift and theirterrwols a petwwn 1978 and the procant was open,notorious and cmWnwa fora pedad F I 7 emomdlrtg tine years.Indeed,horn 1978 to lho preseal, a 2. Abandonment OH plalrift abandon the eaearnent9 The wurt 9 based 4s decision on the following fKw, : 10 a, F lolrtdifv did not absndoh the rxtulmaK Indeed,on January e, I 11 1997,Robert Nehedil wroba Levy W tea hlm•that the wilt not relhlgalah our rights OF 12 access and egrm an Araby prho (See abm-E)Nb(ts 126-124 rowrded Deoember 13 31,1997J 14 •h. Rohad Fey1esVW Owl up to the.praeem,he used the Old •. 1s Araby Road to draw plairM pmpmy fo pmapadm pudwaxa. (Sea Fadtl6112,the 1s notice poafad by.Fey an Levy'a fans.) . i7 3. F 9L4(Hp y 6esenlerrt by necasvW.The court bated la _Oa daclem on the following facia: •• 19 a. the demir"nd severed taneMenta were at one Time under 20 common ownership and the easement created, (See Exhlbb 121,122,'123,12C). 21 b. There slush r salty mattie ty for era masemua as plate m, t 22 land Is land-lodw and.dher W h the Old Araby Road,there is roan all tfeather road . 23 which serAm plalydlfh'pr epady. The road atria pl9litti 'pupal on&mekawood was 24 d4appmved 4 Coe City of Palm Sprhw In or ab*1M. 26 4. 7ocea on Emeameed Who was!"Wmd W pay two an tow 20 eeaemmt? The wurl based AS dearsim an the fellowing Taps: 27 24 -4- 6latameMOFI)soMlaer Description:Riverside,CA Document-Year.DoclD 2009.176464 Page:47 of 60 Order a Comment: f T a. When Faria wheeler Martin end Helen A.EdgBrty trarofarrad 2 their propertiaa ta=nW 101),the sbteequent amens took In&propertles bocdened and • 3 benafined by the easement wh6 had been apslad In•1933. 4 b. Sated upon ft evldanwbefore the court,George Moore had rta 5 power to convey the eaeemenl to David Levy an oeperr*r 6,1079(as purported In 1 e gftlt 104),as he cW not wvn 1L IUhM 103,dated months eanlar In February 1970, 7 shone that levy took Ma to hk'ptapelty burdened by a perpetual easemenL (A j a tervihdc lhereen cannot be held by the armerorthe rendent tanwr;mI. M.vl Cods . 9 3e01:1 �• 10 - a Levy cMirm he paid tmv on the oasemerd(about 45 i year),yet -11 he also contends no eewrrrard misted. It Levy thought the easement n¢ "-na would 12 haw iformx4ed the fax bW 10 the owner of the dominaul tenement,something he did not 1d do. 14 b. preaumeby,II pla"s had Icdakm about a tax bill an the it; eawmil,"owners orthe assaw t theywculd have paid the pax hltl. PIe1MNh would - 1e We Ipald fire tsx bill on the essernsM if they h,d known abort A., 17 c., The only reeecn Ibe tax omessof sent a fax bE fo Levy was ee 1s a nark of the purpoftd wrrvcyanos aom_1310f"Moore to LCW'romrded Fsbfusry 28, . 19 1970. (6dsM 103a The wndbq cf"Mcbll dew not evidence LmYs ownership cf. . . - 20 the murnent. . 21 6, k Levy entitled to later"wlh PLAIn l'e 22 use orthe Old Araby fled shd does Lwy's_oowwmplfdrd crave spry mee The feud •. ' 27 bawl Its derlslan on the folowfng lacb. - • 24 - e... Am oww of tie servlant jen2l*nt Levy was not pamd tad 1n •25 ir6dwe wkh usa by owhan;of tM domluM lehemenL a . -. 2B .. _5_ 9lrsnsinarardrtur Description:Riversids,CA Document-Year,Doc1D 2009,176464 Page,,48 of 60 Order a Comment: t b. In%ad,tho noun finds Lovy4%many tintee Interfere uM use of 2 the old AmbyRuad by plain b andthdr(ermote and real esmto ap rd as they 3 &ownaed plalr Ms'proTody. 4 c, Thmef im [he.Wud Orden an b ncUon"hat any furdid 5 Inturferenm by Levy with pbInUffe righk. 6 d, R Is agp ordered 0mt Levy take nothing by his crtl00�00mplabd; , 7e. Coab of cuff ere awarded m plmntlRa ae praveN6g perdes. i e a 10 - The tepel bask for Om courPe decluon Is found in various eudwrilles. "The ' 1 t 0brWayan9e of ant easement lialed t0 roadway use grants a tW of br(peaa and egreee' , 1 12 and a fight df.unobafnxAud passegn to the holder of the maemenL' &yhy v.Vlntaga 13 tag,37 Ca1.AoAth 607,703,43 Qd{ Rplt.2d 810(IM).Once an 14. easement for Streets hat bear0leatedbyMAI reference toasubdfdaion map.11 15 pectea as an eppwterienve to tfie kA unkat aperlkally excepted- MMet Qelrr Want 16 Servi0e.lna vTKed 199 Cal,App,3d 1374,1363,245 Cal.Rptr.46D(165e). An ' 17 . express satem"may fiat be abandNW my more non-site In the abaenoe of evldanxle• . 16 of a dear.declstm.and urld "=l Milt io abandon by the&truer of the esteem.' to MW d0MMWe Ad}upfi.at 1364,'.,,may be W by abandonmern only mftw the . 20 Imerdlon to abandon dearly appears; rA0aWxJU&bM 05'Cal-WA64,0 gel. 21 Rptr.512(1e001 22 >3e0lion SZ1 of the Code d Ch1I prxedurc end SectlOh 1007 aT fine CW1 -23 Code Illy the stdvWry hernework}or prasmv We ensamanlaflar five"of adveroe 24 use. (See Zimmer v.p"ul= 39 Cal App.34 44 430,114 Cal Rp1r.S60(1974),4two_', . _ 26.. broad elarnatia requurid to ereepe a7nsarlpM easement(1)an admen we for and 26 (2)ihe five year pnttt N!perlodf Gqn 1.CW.3d 57P.666,6S CW, 27 . . . .� •6- 8ra1 Ia afn�Fr Description:Riverwde,CA Document-Vear.DoclD 2009.176464 Page:49 of 6Z Order a Comment. I Rp7.359(1a70),1bte by pteatliplioth,' nU elements to eslablish pmsrrlpttve 2 -eeaotnent OW.- open and rhmletlett3 use or pom*Wm that Is eonlimoue and 3 uninl ntupled.60391e to the bus owner,end under a claim at fight....Strch use for the • ' 4 fine)mw=tulory period..oonkm a We by preacrV4n.' (at p.M.) AnWwr case 6 ham noted,'...(CJahGnuoui use of an eacamem o%w a long period attlme wilhout the tli a Iandawnert Frbrktenae tc'prasumpM evidence of Its fprescrlptnv sasetrtam) 1 7 axWe nos And In the absence of evidence at memp=&SIVe use a Nip be r unklerd to ' 8 sustalnafudpmenL' 35Cet.3d604.6T1.72, 0 190 CW,Aplc 773(MO.)'[l3mcleMs added j I 10 Famtnmda by Implication 41 arise and be given effect when an eeaernent i 11 taus been gh m elkct bytha p6or oweem of the property,a ehuatlan which ww,rred 12 hare whentho naeementvne wuwladin 1033: The Intention of Pasta Wheeler marin ' Is and Flelom A.Edgerly to create an eastonerA pn EdhM 101),and the mmordaeon ofthe r 14 A(peermmrht•,taaathg the ahaement,leads the OMM io tha aonCl+islon that telex OWRGM Of 16 the mapodWe propwtvs of)derfinend Edgerly are furda W and t>erwrdtcd by tiro to easeraem. (CWCodst1104). 17 6ietnaztda naomrosary b r�tabpah ari 1mdVateouma'aro {�opatt aM is notodom use;(b)conthtumm and wkdenup%d rrca;(e)hoatlim to the true fA mar,and is (d)under a alatm of rlghV Xilmm r Wr L atp.430. tri arxwW-YdwafW rraa Is drat 20 mudeunderadahofriplxwRhouitheponlaaionofthelendowner, Klflnry.@lateto. 21 101(41,App.2d 710.720(Iasi). 2g In Gmak ras.-open end nowiDue"use moray nhedna a use that ntlQpea 23 the amror of the piapedy(LaYy ti drb Dees)drt a use kheopclFleiit wNh idaryltla a . 24 bahta mods. (Sea Keff Land 6 265 CaL App2d 828,W4.14 as Cat.Rptr.307(1959); =bfalic0,212 CA App,2439,44,.27 CAL ftptr:7a2 25 •Cord4rugus and unlMatntpke me may be caddied vAmn,as here,then are . .. •27 &amwjorDw an • i Description:Riverside,CA Document-YeacDOciD 2008.176464 Page.50 of 6o Order:a Comment: • 1f 1 i 1 pedode of time;ovan extsnded per"of tune.between the apoelk ads of use Who 2 dal nrrnt. (bee MMWyJW& L ifA U.150.192(1005);23M-teG[.VAStm,id2M) 3 Based an the record as a Whole,a is eiyarfi cigar that ptakitil p have wed r 4 the Old Araby Road IN an open,nolorioea and connnuout fashkm for many mare than s the fire yearsnecessoryboes bNahriieeaantentbyprcaulptbn. PWAlfflaboughtthe . i 6 property with the beW the Old Araby Rand would serve their proposes. Robwt Fey ' i tiled to eegthe ph&tMY property helhNng tin Old ArobyRwd wlaa available as a year- ' a round road to wW.fram 1, Lowy,who Iles on the Rood,innw cr Iho use and did nvlhinc j ff to atop R except for bklddng the road an cotsalon,umi 19W.years nfter the fo eaeemonfv existence had elmady been well esfebkhed, li 11 Ewen though Leiy pold taxes on the ememord,plalnGna hsd no hotbe'Of 12 the fast Morsc war,the easement should not have been sapand*tared as Gwrge .13 Moore had no power to convey the easement to Levy. (See OW Code SODS) IN 1 .14 any avert,the tax assessor olow up the lransfar trom Moore to bevy. Uttll uvy 15 asked them to pay.plainCf1swore absoh ed from psyiril(axes on the easement because . 16 they did iwt-4mw It was separately is ed. - 17 1e fantunt by Nown ry A third and Irrkpendam basis fa establishing the easunwm-in Question 20 mists out of die fsd a was)deli developed by the prat owners when the properties 21 were ahead,reaped$.by pert tlardn YAwalsr ind Helen A.Edgerly..By 22 developing the Old Araby Road to acne bot)i prapargas,It Is obvious the prior owners 23 contemplated conabudian of ure Old Araby.Road ib stmiee both properties. 24 l3knotaiy,an'enteramt by reoesaW mites whir mmrship of land is 25 drwidcd in Wdr a way as to croak a larrdlockad panel. 1km olsmerde must eW before 28 a.oulA will en*m an easomard by newaslry:(1)there mutt be btrlcl neoesaly for the 27 25 -a- mtarnentvfoecwon Description:Riverside,CA Document-Year DOWD 2009.176464 Page:51 of -- Order. a Comment., .• C O 1 eesamark and(2)the domtnent and aerv)anitenamenls must true peen under oommon • 2 ownersNp when the land wee Avided and this euwffk It created. Roarre X V=hL•210 a Cal.AmSd 924,352-=3D Cal Rptr,008(1003). - 4 In 16 am at par,the wren easement in-question was Created In 1233. 5 when the predao ors in bl and fothe propen0ea nuw owned bypigint a and by Lary, . 6 Pede Whocaar Martin and Nolen A.Fdpary,Joinily agreed tooatugltid the Old Araby . 7 Road to provide mere»and egress to the properlien. The proporlkni had bean divided ? . a et or sbout#o ume and,(u3tptar Id lhe pvdm dnnktp the properks,tha properties 0 wore oym nad bythe semis parson,Security Fiat NWmoI Bank and War,.R lee Millen• i - 1 o When pla¢dilrs and Lavy_purctseed their properties,the bwK to and burdens of pre i .-11 easemert passed with the respedW Allen. (Sae mscaealo4 bn LkLbiv.WQ Ms.140 12 Cal;App,3d BOB,700-01,197 Ca(.RpU,.137(1083).) An ansenlert cl Flaceeaity is • 13 appuryraart to the Nrd and 4'...•msst ha ptrsumed fo contltnue urrfil ugnse tactlound 61' 1A the court shvA Matto right no WWr ondste... The way.havYg been crested by the . 16 necwmty for he use,cannot be eodlogulshed so long in the nacesay eerlsk•' at • 1a p.7o1.) -17 JudQnxnt Is hereby ordered to bs anlerod m follows: . 1s 1. Judgment on the compiaWIn favor ofpislnlft POW Nahodland is tJkJrel Atd.ur and,rrgslnai dafquianFRavld levy,as wail u sD penons uniowWn, 20 cWming arty legal'or equlabla fight toe,e*vi,Den,or interest in the property adverse. 21 to plalndta in the non-oxcluslve eesemem to WrAw PWW 3 described ee follows: 22 A Wo of land 50.00 fast In width ylnp 26,DD feat on each sfta of the follewing described center line: - •23 Allrl pa0on tithe Sou haW quarWof Secfi='25,' 24 Tawnshlp 4 ec&,PWnpa 4 S tt,Gan BamiWM Maddlen,stshown44yy Unwed Mae Government 29 Surrey,and more perifprlartydmo?bedaslail". 26 8"Inning at era mast waMedy comer of tat 17 in Qbdr'F�vf Araby Trail,of snown by Mqn an fib in 27 . . . sa a etofflant Of P**s Dn 57 Description Riverside,CA Document-Year.Doco 2009-176464 Page:52 Cluj Order. a Comment: 1 Book 131?aM 61 and 02 of Maps,mcords of RtVefslda Ownly.Caftnts;t wet*South 71`=ZIY' - 2 West:a dlsta m of 367.26 fear,Ihanee South 90'01'W"week■dtitartoo of=51 feat to the true 3 polyd of btq'n 1rt�of a7id csntarfuw to be dwWbod; lhenoe Sotah 83 3"V ENt a dlslanee of 60.70 feat; 4 'thence North 59`18W Fast a dt W4&of M47 feat; � }hafma.North R7.5I100'Ent a dbtmce of 19.83 tan, a thence south 64132'W`Fact,a distanaa of 59.55 feat; ` thence Sctih 26023W E2at is dksIanon of 1n2.33 -• o fne1;thence South 63`2A'0o'East,a tRafaftoa of 236.41 feat;thenoa south 48.28'00"East,a dlatntoo 7 of294.19feetionprintwbeanBeu81oDoincr' - Ent,a dkf.nos of 137A7 feet from the SeuBn+eakdy t corner of Lp12$In 13ttdt"r cf atld Araby Trod i 9 The ida Ilan of OM Enentettt pro to be prtllanyed of I shononad to tem*tete In tho side foes of thateertaln i .1 a parcel of lend,as com"od to Helen A.Edoety,.by . deed mwtdud Jon&7,1B321n Boot 78 Rape SAG of i ti Off[U Remtds of Riverdde Camty.CnBPomd." ; .. 12 2. Croea-oomolhantlaWtakenothkVby his vumeompllhrl. 13 3. Cosh of coif am awtrded to pla]nfifs ns prtwai V pnr8ea. 1a 4, LavY,itis seNamn,aperdt,nttomeo,end those eedt in gonced 15 w0ifilm are vTWnad from any enrduct W*h tall irtt *m WM plslntl W see of tho 1f easonalnL 17 1a netedc 1799 . 1A sf Judge of fie eupenor Caul 22 APPROVED AS TO FORM AND CONTENT; 24 : 2ti. . - as John L. Attvmw for Ldvy •10• - StamawdofDadd2n Description:Riverside,CA Document-YewDocID 2009.f 76464 Page:53 of 63 Order. a Comment: I PROOF'OF661M0E,BTATEOFCALIF;0M9 ,COUNNOFMVERSM . 2 t aim employed h1 i n Campo)PJvWi R BWa if Cap(ptda, 1 am ovartlte Sp of 71*M . ft a paf¢tD ON wjthb aalbre mylnbl,"sdtrMt u dad eoulb Faded 06".Suk4 M:k Palm ! ep"o,Words.. { 4 ipt Aupu>d,�19p9,1 oenrl/t}lanpohtp dommenIO)dsddlbsd WE Jf[ a d an the lntarsitad pn0(les)hl M malan as Mbew- f 7 Jahn 1..Bailey.W Tbdmm BMeyNsbm a Hd1aB" 6761 Ikodtan Avanue O PMoldo,CA I2ad6 10- [x)@YLWylnam&Wornnlrpsaddtea+edUWfOnhaWW'Iam'(sa t fArrageWM the �. 11 Gmyd pnedw al eoaeellon dnd Keauktd aafn+Id^drta dormainp, UrpavaKd pndba.d . Would be dWOod WHh M.pudd esrv"on 04 MM day*0 pdalapa Menton lulls'Prop 12 'd Palm sndepa,CalMomhr In dw fataatotbuoinca. lamamwommen nwllend1he pROMA wd,wrAna Is presumed rpWMaWjW wndWor posMgornaterdlialsmom, 13 dun aria day otbr dpa d OspgMt for mti In aladn76 ' 14 [ ](ErY Pf gDMAL✓ ERYM t roused null w4opa 10 be doMmd by hand Oft addwaasa 16 ](CIY FACSM"SERMca Tile Above wmnM wd dow romKI)..waxA Wd vmMNIMM by faealnma rsmMasbn and the b omaMasba oa re"ad u onmplale and W0104 W" 16 i • (S7ATg I declare under pan*of padup under MA W O(ti 6 BMe Of 01 iron a tal the a6ewl 1e b 1N4 and icirr . - Eaaadad an AupuM�Yttn,ad Palm ,CJdfsrtdd. - . 2d 21 24 .. 70 4 27 Description:Riverside,CA Document-YearJ)wID 2 009-1 764 64 Page:64 Of 63--—'—" Order a Comment: I IAW OFFt=OF RICK M,STEIN RICK M.Steln_EocI. 2 Stap SURD 6,20 Be F4=He9z ORIGINAL ® o S�> h 0FprtellPmre � S 8t9W 3 e Pah Spdnpd,Wroinla 92262 AUG IQ Im a TBI9phon0:(760}9 .NW.Faa7mlla:{7150)325-9M I ! d ATTORNEY FOR PlaInft i L. MICKEL50N ! d ' - SUPERIOR COURT OF CALIFORNIA j C COUN6Y0FRIVER8IDE • i 10 ii MICHAEL ARTHUR and ROBERT NAHOOIL Caw No.:lNCU083C,7 j 12 Plaltdilfn, JUDGMENT AFTER TRIAL BY • COURT 14 DAVID LEVY,rh iedivldltel;all Fwl % } 16 tight'M.e0fteMall or ) PropertydtwenbWIn the aompleWoadmm"o )) 1e tn0pgal�q�wlamecn;ud DOM f thmogh 17 . . Pdbndettls. td ' to DAVID M•LEVY, - } Oros9.Dunpla"m, V• MiCHAEL ARTHUR;ROBERT L HAHQPIL, 23, at al,. 124 erastl-DeTend.me. - 25 i 20 . . 28 735CARY .Mldplwnl Ylgd bVE J - 8u Description:Riverside,CA Document-Yeer.DoclD 2009.176464 Page:55 of 65 Order. a Comment • l t THIS ACTION come on regularly for dial on Tuaeday.July 12;1000;and 2 Ccndrhued M Munh the montft of Wednesday,July 13,1990.x1 DWL 2F of 0ha 006- 3 entitled court,the NanaVile Charles E.Stafford,Jr.,Judge pfmwhg,a jury havW 4 been expressly w*MW by bash part1w Rick K Btelq Esq.appeeirad as tpunatli for b plaMHf cruet ia"afftArthur and kahoml,slid John L.Balksy,Esq.appeared for l 6 dofendunthmsa-coutplalnerd levy, 1 1 7 Ofal and d=rnwMrj evidence was Introduced an behalf of the mspedw . a psrteaand.after afgrtmaA;theauae having boar zuhmtbd for doditai, i t IT IS HERESY OROEREO,ADJUDGED,AND DfSCRRED that, ,t 10 1. Judgroem rendered an the aornplubu In fa46r of pletn8ffa Robert k 11 Nehodl and Mldiael Arthur and agatnot detatdard VWd kavy,as.wall n"all penaxi i2 u*nown,dahft W legal ora4udabte dght @le,"60,Mn,cf Ilftni 110 the . 14 properly adtmae 60 1 platraft,in the nan-azdualr0 easerrmM Lo sores Parcel 9 daawbed 14 as foltews: ' is 'A�eMp df iaW 6040 feet h Width h'hg 25 at.00 lea on , ! each elNaofthe fdOa ing described centerRw 1 .46 , All that'portton of the SwIttead quattsrof sooft 26. 17 Tovmehp 4 Sa Lk Rengs4 Eat,San'Bemardhd.' Malfdlan,ar dwath by Untied Steles Govamnhent 1e Surety,and mart padlwlerty dwelled as fallews; - 19 BagicringattwmostWedsrlycarnarof Lot 17In Blodc'F'df AmWTrad.as shown by MP nn roe In - - •20 - Book 13 PWw 81 and d2 of Maps.tworda of Rhenikle Cagily,Csitfom4 thence$auth 71022W 21 West if dWWnoe of W 28 fee$Oonce Sdulh 00.01100'West adlahnae of 222.81!list to the ME 22 ppaart ofheglnning of addoapiw0rtetobedescribed; . . thtnoe South 83'33W Era,a dIstaem of 80.78 feet' 23 '. . .thence Not 60618'0D'Eiuk a dldance of 02.47 fveh than a North 07'57170'Eat,a dtdance of 10.93 k 24 thence tout W'32 00'F1at a dkrtance d fi0,65 fiat .ffiuim 8ddh 28023'00'End.a datums of 152.33 . 25 feet;thence South 63*Mff Had,adstanm of, MAJ Turd:8tenee s"4r2J3'00"East.a d ium 26 - of234.10 hand a puhtfhdbum South 00'13W.-" Eant a didancs of 137.47 W from the BautmvWMy 21 20 _2_ mat A1l.rTrW nl Cant . Description:Riverside,CA Document-Year.DoclD 2009.176464 Page.56 of 65 Order.'a Comment: 1 CWWOrtd26n Black OPofSaIdArftTroa 2 Ths'sWItnaaof said FLmnantarctobe prokmwa aberoened to UnHnate In the aide tneo 0( l cartaln 3 parcrl of Iend,at cwweyed to NeRan&Edya�ly by deed rapwdad, no 7,12U in Book 78 Page 3SS8 of 4 Dllidal Reowda d WvwxWe" htY,CalNomlw' 7- Croat-mpWriant Levy take notdrg by hh aross�campinKL 3. levy,his sarniama,apenh,atnmeya,and those adlrrp In ccnoert 7 with him are xgokied from any rAndud Ntdchrdll ialelfem with p aintiffs'use d the ' 0aaemenL , a 4 C Ms of sut aanrdad to pldnM. to I tt 17Oated:��1999 2 .t3 M2d ofliiesupowCourt tG APPROYEO AS To FORM AND CONTENT. . is _ • 10 y • • Mtarn ney f.,Nq .20 • 21 - 22 23 7A 26 20 27 • .• ze _3_ aueam.nt zrrtlyoaun � • Description:Riverside,CA Document-Year.DoclD 2009.176464 Page: 67 of 60 --- Order.'a Comment: 7 rROOF OP Bf MrF 6YATE OF Q%!FWW,COUNTY OF RN FISICE. 2 1 sni ettyioyW In 6M CaUldy of Plvsiske,ttbds 4(000 L. 1 dro Onf Me spe OF 1n end note IdM to the WYhh town;AV aLCirmu sddnn h dl saffi Fsm11000,Suks A-M Polm I , Ppfn9s,wfoais , I . . d On Abpust itWe,l ae'wd the►on9PiM doam»M(•l dumihed or. . . e ,Alntauvn�7k�l{21LLN�COI IMem..di ++ . G on IM tnls.sw Ps*&%]In Ws oatkm M NOws: ' 7 John i-1fnDly,raq. - e hha iwEldHslwi,FA9• 6701 1DMddM Arsnuo - 1G 11 ism'sSr1AIVU„eseeLtlnwelPp!edtl'HiOdutafleMsbeue. lem•no6bHddlefbltiins lnadaWadYealmendplvousiiorngOndarA,firmsgnP. UnddruiMp+dlook weokl ba dspykhsdvlYh l).&padlN pnrton en M wme dltl sd9t pastye Mnen My Pre➢usd 12 of Pekn 13prIMR Cs9fande Goths artlltlstyeaves o[lsaings. I dth 1M'sro ltrl ait etatlee d tht . rwgr a nd,enylas p pfsnensd kwgd N pasM1 c�as9slion daY or postepe masr dsk k man U fnan�5nsdsyollsrdtdeaFdapospfsttnWkWind6idwlt- id [ j(eYPl�e9CN+1l8HtNC�IduwdwshonrotgiameidMwird6yhlpMlPtneeddnsaee. • . ' i ' .16 ` L .1(8Y FA1;BS11LE 6�RVICE7 TM ebPve tmr6onsd daWnNal(e)waskntd CdnalnXlsd ly i hceM�Rd tledsglssion 1111d 1hs k'Q/MlnytaPll Wes npatpd as aalnPlsM surd whho�l sir. 18 17 _ MTA,7n I O*m takwoomgq dpmW undvlho Mws oflhs SWO INCWIpnle#O ma above 1$ la vus Md cwtua _ 19 F-vedrtM to AuOuu I=.sit Pslm rKM Cdyom*20 . • 21 Tkn Wgk UWA . 23 26 Description;Riverside,CA Document-Year.DOCID 2009.976464 Page: 5a of --- order:a comment ExHk3ti-c C PARCEL A BEING THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DECSCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 61 AND 62 OF MAPS, RECORED OF RIVERSIDE COUNTY, CALIFORNIA, THENCE SOUTH 71'03'26- WEST A DISTANCE OF 367.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 50'17'05" WEST A DISTANCE OF 44.04 FEET TO A POINT LYING AT THE EXISTING TOE OF SLOPE; THENCE NORTHWESTERLY ALONG THE EXISTING TOE OF SLOPE THROUGH THE FOLLOWING COURSES: THENCE NORTH 81°17'10"WEST A DISTANCE OF 37.95 FEET; THENCE NORTH 59004'13`WEST A DISTANCE OF 22.80 FEET; THENCE NORTH 75.06'28"WEST A DISTANCE OF 44,18 FEET; THENCE NORTH 62"23'01"WEST A DISTANCE OF 55.63 FEET; THENCE NORTH 28849'51"WEST A DISTANCE OF 29.76 FEET; THENCE NORTH 11'03'10"WEST A DISTANCE OF 28.29 FEET; THENCE NORTH 31'3443"WEST A DISTANCE OF 69.01 FEET: THENCE NORTH 70048"8"WEST A DISTANCE OF 104.68 FEET; THENCE SOUTH 22'41'33"WEST A DISTANCE OF 14.05 FEET; THENCE LEAVING SAID TOE OF SLOPE SOUTH 79.42'00"WEST A DISTANCE OF 20.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 O.R.; THENCE SOUTH 04624'48" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 278.64 FEET TO AN ANGLE POINT IN SAID LINE; THENCE.SOUTH 00'00'55"WEST A DISTANCE OF 144,23 FEET; THENCE SOUTH 85048'59" EAST A DISTANCE OF 338.67 FEET; THENCE NORTH 00'09'59"WEST A DISTANCE OF 242.16 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 116798 SQUARE FEET, MORE OR LESS. Descfrption:Riverside,CA Document-Year.DoclD 2009.176464 Page:59 of 6j Order:a Comment. txN�uir c PARCEL B BEING THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DECSCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES fit AND 62 OF MAPS, RECORED OF RIVERSIDE COUNTY, CALIFORNIA,THENCE SOUTH 71'03'26' WEST DISTANCE OF 357.26 FEET; THENCE NORTH 0°1T05"WEST A DISTANCE OF 44,04 FEET TO A POINT LYING AT THE EXISTING TOE OF SLOPE AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE EXISTING TOE OF SLOPE THROUGH THE FOLLOWING COURSES: I - THENCE NORTH 81.17'10"WEST A DISTANCE OF 37,95 FEET; THENCE NORTH 9'04'13"WEST A DISTANCE OF22-80 FEET; THENCE NORTH 75'06'28"WF-ST A DISTANCE OF 44.15 FEET; THENCE NORTH 62.23'01"WEST A DISTANCE OF 55.63 FEET; THENCE.NORTH 28649'61"WEST A DISTANCE OF 29.78 FEET; THENCE NORTH 11'03'10"WEST A DISTANCE OF 28.29 FEET; THENCE NORTH 31'34'43"WEST A DISTANCE OF 59.01 FEET; THENCE NORTH 70.48'18"WEST A DISTANCE OF 104.68 FEET; THENCE SOUTH 22"41'33"WEST A DISTANCE OF 14.05 FEET; THENCE LEAVING SAID TOE OF SLOPE SOUTH 79042'00"-WEST A DISTANCE OF 20-91 FEET TO A POINT LYING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 O.R.; THENCE NORTH 4.24'49"WEST ALONG SAID EASTERLY LINE A DISTANCE OF 73,41 FEET; THENCE NORTH 65.3512"EAST A DISTANCE OF 27-27 FEET; THENCE SOUTH 50'17'05" FAST A DISTANCE OF 393-98 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 12693 SQUARE FEET, MORE OR LESS. Description:Riverside,CA Document-Year.DoolD 2009.176464 Page: 60 of 63 order,a Comment: Ex�l�~r c PARCEL C BEING THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DECSCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 61 AND 62 OF MAPS, RECORED OF RIVERSIDE COUNTY, CALIFORNIA: THENCE SOUTH 71'03'26' WEST A DISTANCE OF$67.26 FEET; THENCE SOUTH 00009'59" EAST A DISTANCE OF 242.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'09'59"EAST A DISTANCE OF 699.34 FEET TO A POINT LYING ON THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH 89'4908"WEST ALONG SAID SOUTH LINE OF SECTION 25 A DISTANCE OF 340_00 FEET; THENCE NORTH 00.00'55" EAST A DISTANCE OF 726.00 FEET; THENCE SOUTH 65'48'59"EAST A DISTANCE OF 338,67 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 241501 SQUARE FEET, MORE OR LESS. Description:Riverside,CA Document-Year.DoclD 2009.176464 Page; 61 of 65 Order:a Comment., 00 y sa . 00 A ; uH 9EARINo 1319TANCE C 1 A N 8P1 T10 W 3795' 'APR( 5I0-Z70-OOZ L2 H 59'04'13- W 22.E0 L3 N 75'O6 28' W 44.18 ry L11 Li N 672NO5 W 55.63' a PARCEL "B" 1S N 28-495CW 10 W 29.78' L4 N 11'0310 W 28.29' 10.29 ACO.RES f1, L7 N' 31'34'43 W 59.01 tri 0.29 ACRES L6 H 70'48'78- W 104.68 13 LE •_ L9 0 22'41 33 E 14.05' 'Lf L9`'� L10 N 79'4200' E 20.9r 14 ,a„ m Lt 1h L11 N 8535 12- E 27.27' f i Lit g38 P.O.C. s f e N 1 L 5 • o -s1w •� T.P.O.B. v^m a PARCEL "B y,o �I L3 L2 '� APrJ Sl0 21p-on3 Lt { T.P.O.B. o' too' 200' 300, PARCEL "A " PARCEL "A" N 116798 50, Fr. ' 0 2.68 ACRES I ^ _ 61 �1 r BOUNDARY EXHIBIT 4M WN PATE FORS OF 711E SE f/I r r n1 n SJY Oa/eS/M SEC 25, T 4 S. It 4 S 6 o APPROVED DATE W N 85'4g'Sg• W 338.67' SCALE SREET PROJECT NO. r� T.P-O.B. r" - fool f OF 2 5000.002 ROPP b; AAPCEL "C" PARCEL "C^ Y E �srs2vE] Inic mrc. =i I c�a r...e�xh A,svL suite 2.2 1 twln.spn"�..c�yaxa W2w YNF-$EElFET2 Gl-0).3�3-YOf� 0 - m+ 12 91 r r PARSa �m r1r +� ee Im S aA pCEL C 1 n { c v t 24�4. FT. 1 m or; 5.54 ACRES r� w to I m f ! T.P.O.B. d i r'P'O'B. I PARCEL A+ PARCEL ' C ,• -1 1 699_34 — 1 a SOUTH U�OF SECTiOsa 2S BOUNDARY EXHIBIT DATE PORS OF THE SE 114 p� ➢RA❑V TI S. R AS SJV 02126106 SEC 25, APPROVED DATE SCALE SHEET PRUJLCr Nn. �lQRTH60 2 Of E 500.39Z RRPP V.4N.SG(CVEYINC, INC. �p£rsfarcF VK-f,Sul!=t? 200, 300, palmSpr,.wc�ngsaua 0' S00' L7r.ol3as•�o�r DOC # 2009-0122245 03/13/2009 08:00H Fee:171.00 Page 1 of 55 Recorded in Official Records County of Riverside Recording Larry W. Ward Requested by and Assessor, County Clerk'& Recorder After Recording Return to: Public Works and Engineering Department S R U PAGE SIZE DA MISC LONG RFD COPY City of Palm Springs ) S5 I Box 2743 eM Palm Springs, CA 92263 M A L 413 425 PCOR NCOR SMF NCHG T: CTY File No. COG 09-01 NO DOCUMENTARY STAMPS NEEDFQ P�j jb CONDITIONAL CERTIFICATE OF COMPLIANCE LEI Property Owners of Record: Ronald N. Kilgore NAME NAME Trustee of the Suzanne D. Parish Real Estate Trust, Restated as of December 30, 1983 TITLE TITLE APN(s): 510-270-002 & 510-270-003 Legal Description for Property(ies): Portions of Government Lots 3 and 6 as shown on United States Government Survey, Approved October 11, 1895 and portions of Section 25 Township 4 South Ran e 4 East SBBM in the City of Palm Springs, Riverside County, California In accordance with California Government Code Section 66499.35, the City of Palm Springs has determined that the real properties described herein by Exhibits "A"and "B"will result in a division of real property inconsistent with the provisions of Division 2 — Subdivisions, the "Subdivision Map Act", of the California Government Code, and the local ordinances enacted pursuant thereto. This Conditional Certificate of Compliance is not a permit to develop the property. Notwithstanding this Conditional Certificate of Compliance, all requirements of any County, State, Federal, or other agency that regulates development of real property, including but not limited to, zoning, land division, agricultural preserves, and building codes, must be met at the time of application for any permits or grant of approval for development. As a provision to granting this Conditional Certificate of Compliance, the City of Palm Springs hereby imposes the conditions identified within the Memorandum of Understanding between the Suzanne D. Parish Real Estate Trust, Restated as of December 30, 1983, and the City of Palm Springs, attached as Exhibit"C", that are applicable to the division of the property with respect to subdivision of the parcels, zoning changes, and conditions for future development. APPROVED: / �1/{b �� DATE: Marcus Fuller, Assistant Director of Public Works / Assistant City Engineerfor the City of Palm Springs APPROVED-Zg��-�� DATE: IO r-ail Ewi g, Dim r of Planning Services foF tbe'City of P I�iT Springs Notary Statements for Asst. Dir. of Public Works and Dir. of Planning Services on following page IIIII IIIIIIIII III III IIIII II III 2609-A122245 5� 03/13/2009 8 9flR STATE OF CALIFORNIA} ) SS COUNTY OF RIVERSIDE} On More h ID, snm, before me, Carrie Rovnev Notary Public, DATE personally appeared ----------------------------Marcus Fuller -------- ---- who proved to me on the basis of satisfactory evidence to be the person($)whose name(a)is/are subscribed to the within instrument and acknowledged to me that he/s"^r� executed the same in hisAheAhiair= authorized capacitygW, and that by his/Wer�ltheir• signature( on the instrument the personH, or the entity upon behalf of which the persons)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ✓y =QN,01Cry ARRIE ROVNEY Signature of Notar f ission# 1648583 r Public-Californiaerside CountySTATE OF CALIFORNIA� .Expires Mar ty 2n1of } SS COUNTY OF RIVERSIDE} On 10, before me, Carrie Rovnev Notary Public, DATE personally appeared ______ ----------Craig Ewing---------------------------------------------------- , who proved to me on the basis of satisfactory evidence to be the personM whose name(s)is/are subscribed to the within instrument and acknowledged to me that heAshe1t4ey executed the same in his/he4tthe# authorized capacity(ies), and that by his/4e4the# signatures) on the instrument the person(, or the entity upon behalf of which the persons)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ' CARRIE ROVNEy Ign trlte-c>f�lAta 1 Commisalon;lr 1648563 QMyCornrn. Notary PublicCaliforniaRiverside County Expires Mar 26,201 111111111111111111111111111163 2AA 3 20o f 55 99R 8 AXH€BIT "N' PARCEL A BEING THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DECSCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE SOUTH 71003'26" WEST A DISTANCE OF 367.26 FEET TO THE TRUE POINT OF BEGINNING,- THENCE NORTH 50017'05" WEST A DISTANCE OF 44.04 FEET TO A POINT LYING AT THE EXISTING TOE OF SLOPE,- THENCE NORTHWESTERLY ALONG THE EXISTING TOE OF SLOPE THROUGH THE FOLLOWING COURSES: THENCE NORTH 81°17'10" WEST A DISTANCE OF 37.95 FEET; THENCE NORTH 59004'13" WEST A DISTANCE OF 22.80 FEET; THENCE NORTH 75006'28" WEST A DISTANCE OF 44.18 FEET; THENCE NORTH 62023'01" WEST A DISTANCE OF 55.63 FEET; THENCE NORTH 28049'51" WEST A DISTANCE OF 29.78 FEET; THENCE NORTH 11 003" 0" WEST A DISTANCE OF 28.29 FEET; THENCE NORTH 31°34'43" WEST A DISTANCE OF 59.01 FEET; THENCE NORTH 70048'18" WEST A DISTANCE OF 104.68 FEET, THENCE SOUTH 22041'33" WEST A DISTANCE OF 14.05 FEET; THENCE LEAVING SAID TOE OF SLOPE SOUTH 79042'00" WEST A DISTANCE OF 20.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 O.R,; THENCE SOUTH 04024'48" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 278.64 FEET TO AN ANGLE POINT IN SAID LINE; THENCE SOUTH 00000'55" WEST A DISTANCE OF 14423 FEET; THENCE SOUTH 85048'59" EAST A DISTANCE OF 338.67 FEET; THENCE NORTH 00009'59" WEST A DISTANCE OF 242.16 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 116798 SQUARE FEET, MORE OR LESS. IIII �� II II IIIII III 11111II Hill I I II 0323 4 z9 CIO �o 0£l $5 S0R PARCEL B BEING THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DECSCRIBED AS FOLLOWS, COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE SOUTH 71003'26" WEST A DISTANCE OF 367.26 FEET; THENCE NORTH 50017'05" WEST A DISTANCE OF 44.04 FEET TO A POINT LYING AT THE EXISTING TOE OF SLOPE AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE EXISTING TOE OF SLOPE THROUGH THE FOLLOWING COURSES: THENCE NORTH 81017'10" WEST A DISTANCE OF 37.95 FEET; THENCE NORTH 59004'13" WEST A DISTANCE OF 22.80 FEET; THENCE NORTH 75006'28" WEST A DISTANCE OF 44.18 FEET; THENCE NORTH 62023'01" WEST A DISTANCE OF 55.63 FEET; THENCE NORTH 28049'51" WEST A DISTANCE OF 29.78 FEET; THENCE NORTH 11°03'10" WEST A DISTANCE OF 2829 FEET; THENCE NORTH 31°34'43" WEST A DISTANCE OF 59.01 FEET; THENCE NORTH 70048'18" WEST A DISTANCE OF 104.68 FEET; THENCE SOUTH 22041'33" WEST A DISTANCE OF 14.05 FEET; THENCE LEAVING SAID TOE OF SLOPE SOUTH 79042'00" WEST A DISTANCE OF 20.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 O.R.; THENCE NORTH 4024'48" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 73.41 FEET; THENCE NORTH 85035'12" EAST A DISTANCE OF 2727 FEET,- THENCE SOUTH 50017'05" EAST A DISTANCE OF 393.98 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 12693 SQUARE FEET, MORE OR LESS. ������IIIIII IN 11111 II II III II Hill 1111 IIII 03�AA9 a£'5S40aP Hr I;i F 1 uT . ^^ j%q ^� �'� PARCEL C BEING THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DECSCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 71°03'26" WEST A DISTANCE OF 36726 FEET, THENCE SOUTH 00°09'59" EAST A DISTANCE OF 242.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00009'59" EAST A DISTANCE OF 699.34 FEET TO A POINT LYING ON THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH 89°40'08" WEST ALONG SAID SOUTH LINE OF SECTION 25 A DISTANCE OF 340.00 FEET; THENCE NORTH 00°00'55" EAST A DISTANCE OF 726.00 FEET; THENCE SOUTH 85°48'59" EAST A DISTANCE OF 338.67 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 241501 SQUARE FEET, MORE OR LESS. IIIIII 1111111 IN 11111 IN Hill 1111111 II 11111 II ICI 03/13/2 zee 6 0£zp 5�00R L LINE BEARING DISTANCE l Li N 81'17'10" W 37.95' i L2 N 59'04'13" W 22.80' L3 N 75'06'28" W 44.18' L11 L4 N 62'23'01" W 55.63' " L5 N 28'49'51" W 29.78' PARCEL "B L6 N i 1'03'10" W 28.29' t-\- 12693 S4. FT. L7 N 31'34'43" W 59.01' \ 0.29 ACRES L8 N 70'48'18" W 1 104.68' 13 n L8 �� L9 N 22'41'33" E 14.05' ¢ L9� �` \ L10 M 79'42'OU" E 20,91' 14 `O Li0 Li1 N 8535'12" E 1 27,27' L7 L�9J Os, i s 31 98�� P.0.C. osi1 L6 A � . 3 -1 17 c�it L5 � l T.P.O.B, 3s��%- z L4' PARCEL "B" 3 26-��- sa _ IN �� G/ L3 L2 �/-� !Y k L1 y /' Q 03 'll l g' T.P.O.B. + , PARCEL "A" 0' 100, 200' 300' PARCEL A 116798 SQ. FT, w 2.6B ACRES I o n , in m o W— I ° BOUNDARY EXHIBIT iigti 7 N, DRAIYN DATE PORS OF THE SE 114 SJV 02126106 SEC 25, T 4 S, R 4 S N m o APPROVED DATE 0 uj N 85'48'59"1'11'1 338.67' — z SCALE SHEET PROJECT NO. !�11 T.P.O.B. 1" = 100' 1 OF 2 6000.392 RUPP o' PARCEL "C" PARCEL "C" 1/�N S L2VErlN4 ING. Z p i —'—/ J;W RL!!Az`N➢I iv%SuifE 12 � store Scriu!ys, C,4J22F� 6WYCH LINE-SEE SHEET 2 N 00_00_55_ E 870,23' 726.00' z T 74423' f On l pl i o�0 m� m� �Z m J+y R NIW PARCEL "C" PARCEL "A „ m 0 241501 S4. FF. ju 0 5.54 ACRES i o F � I G >s I W � IV T.P.O.B, rr PARCEL "C" + PARCEL "A" m I X 699,34' 242.16_ -------- N 00'09'59" W 941.50' ------- ---- ---- � S0UTH LINE OF ' SECTION 25 � I 7 m ril U B0UNDARY EXHIBIT wm Wry pm0 Nro ro DRAWN DATE PORS OF THE SE 114 m c'n SJV 02/26/00 SEC 25, T 4 S, R 4 S a APPROVED DATE NORTH SCALE SHEET PROJECT NO, 1" = 10O' 2 OF 2 5000.392 RUPP 0' 100' 200' 300' 1i.4NS1�(72VE�'INC lNG. �G•2.<StA+cH Dri�f,serf re Z2 Aalxe Sprix�s, CA g2262 (,rSOJ 3.?3 YG4� EXHIBIT T" MEMORANDUM OF UNDERSTANDING between THE SUZANNE D. PARISH REAL ESTATE TRUST RESTATED AS OF DECEMBER 30, 1983 and CITY OF PALM SPRINGS, a California charter city and municipal corporation for the SUBDIVISION OF PARCELS APN 510-270-003 and 510-270-002 THE ACTING TRUSTEE OF THE SUZANNE D_ PARISH REAL ESTATE TRUST RESTATED AS OF DECEMBER 30, 1983 hereinafter called "TRUST" and the CITY OF PALM SPRINGS a California charter city and municipal corporation, hereinafter called "CITY", agree as follows: RECITALS A. WHEREAS, the TRUST desires to donate 17.36 acres of land consisting of APN 510-210-003, 510-210-017 and portions of 510-270-003 and 510-270-002 for the purpose of preserving the land as natural open space; and B. WHEREAS, the CITY desires accepting 17.36 acres of land in the Araby Cove and "Araby Wash area for the purpose of preserving the land as natural open space; C. WHEREAS, the TRUST desires to subdivide a portion of parcel with APN 510- 270-003 (Rock House Property) for the purpose of selling that portion to a private buyer to preserve a small group of historic rock structures consisting of a small house, horse barn and poolfoutdoor recreation area with the remainder of the parcel to be donated to the City; and OFC 448627.3.032589.0010 1111111111111111111111111111111111111111111111111111111111111 93 2 3 2@ 2 e,09A EXHIBIT °°CA D. WHEREAS, the TRUST desires to subdivide a portion of parcel with APN 510- 270-002 for the purpose of selling that portion to a private buyer. NOW, THEREFORE, the TRUST and THE CITY mutually agree to the following: 1. The zoning of the existing parcel 510-270-003 (8.40 acres total) is R-1-A and the zoning of the subdivided parcel would maintain the Rock House property (2.61 acres) in residential zoning (R-1-A) while rezoning the land received by the City(5.79 acres) as open space zoning (0-5). 2. The zoning of the existing parcel 510-270-002 (0.11 acres total) is R-1-C and the subdivided portion (0.04 acres now part of Parcel B, described and shown on Exhibits and is to be rezoned as Open Space zoning (0-5) and the subdivided portion (0.07 acres now part of Parcel A, S described and shown on Exhibits and j6) is to be rezoned as R-1-A. 3. The zoning of the existing parcel 510-210-003 (5.78 acres) is R-1-A and the zoning of the existing parcel 510-210-017 (5.75 acres) is R-1-13. Both parcels 510-210-003 and 510-210-017 shall be rezoned as open space zoning (0-5). 4. The Rock House property includes horse stables and was historically used for horses defining the equestrian nature of the property although this use has not been active for many years and the official zoning of the property is not and has never been for horse use. ORC 448627-3.032589.4010 IIIII II I I II III IIII IIII IIIII I III ®2 200 2 Bo$8 OVI EXflaiLF'IT T" 5. The Rock House property is subject to the Hillside Development provisions of the City, requiring a higher level of architectural scrutiny for any new structures there. 6. Any subdivision of the Rock House property would be subject to the Subdivision Map Act, and would be required to demonstrate access to sewer and water. 7. Access to the property has been legally established across the Levy Road, as well as the Lineau and Petty properties, by the Appellate Court opinion filed by the Superior Court of California County of Riverside on August 10, 1999. (ref. Attachment 1 —Appellate Court Opinion) 8. The CITY shall accept the donation of 5.83 acres via Grant Deed from the TRUST to be rezoned 0-5 Open Space and by doing so allow the 2.68 acre remainder parcel to be kept or sold by the TRUST under an R-1-A zoning. The City shall issue a Certificate of Compliance on the newly created 2,68 acre parcel to facilitate the sale of the parcel by the TRUST to a private buyer prior to closing escrow. 9. In recognition of the historical use of the Rock House property for equestrian purposes to include equestrian boarding, the City agrees to "grandfather" the equestrian use for said property in spite of the R-1-A zoning for so long as, and conditioned upon, the continuous equestrian use of the Rock House property by the private buyer. In the sole discretion of the Director of Planning for the City, should the equestrian use of the Rock House property fail to be commenced within twelve (12) months of ORCAM1SG27.3.032589.0010 I IIIIII IIIIIII III IIIII IIII IIIII IIIIIII I�I IIIIII III IIII 93/13/2 09(eS I eeR EX _3 IT re p :� H IL I the transfer of ownership or if the equestrian use is discontinued for a period of twelve (12) months after commencement, the Rock House property shall lose the aforesaid "grandfather" status and any and all future equestrian use thereafter shall not be permitted. The equestrian use of the Rock House property and the "grandfather" status thereof is personal to the owner that receives title directly from the TRUST and does not run with land nor is it transferable to any subsequent owner, but expires with any subsequent transfer of title_ Additionally, the equestrian use must be non-commercial in nature in that any horses boarded on the Rock House property must be owned by the owner of the Rock House property. 1O.This Agreement may be executed in counterparts, each of which shall be deemed an original. OAC 448627-3.032589.0010 I IIIIII��IIIII IIII(IIII IIII IIIII II�I�II III IIIIII III IIII 93 12,26 9 98:60R IN WITNESS WHEREOF, the parties hereto have executed this Agreement on A)o J 'TRUST' THE SUZANNE D- PARISH REAL ESTA E TR ST TATED AS OF DE E 1 Ronald N- Kilgo , Trus e of The Suzanne D. P Is Real state Trust restated as of D mber 30, 1983 APPROVED AS TO FORM Attorney for Trust "CITY" I THE CITY OF PALM SPRINGS, a California charter city and municipal corporation David H. Ready, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney OBC g4i6274.0325i9,00�0 �III�I IIIIIII IIII IIIII III II II IIIIIII III Illill IIIIIII ea 2009 a01,5500R i State of Mti2ia,i6Ax ) Countycf 1'4w.qm'qz40 ) On 1V4yaA,gR -76, .160e before me, �LDNE personally appeared /r/"AO A/ lL66'E _ who proved to me on the basis of satisfactory evidence to be the person(s)whose uame(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 /oalfow that the foregoing paragraph is true and correct. WITNESS my hand d official seal. Signature M.S_KIDNEY Notary Public,State of Michigan COW*r_-t Kalamazoo My Commissio,^. -e�ires May 1,2012 Atttng in the Grin, 4: _Io -O ,&y OXC 4486274.M25E9,0010 111111111 I �00914 aof 5500R " 6T Tnr IN WITNESS WHEREOF, the parties hereto have executed this Agreement on "TRUST" THE SUZANNE D. PARISH REAL ESTATE TRUST RESTATED AS OF l= DECEMBER 30, 1983 ;f 1 Ronald N. Kilgore, Trustee of The Suzanne D. Parish Real Estate Trust 1, restated as of December 30, 1983 APPROVED AS TO FORM Attorney for Trust "CITY" THE CITY OF PALM SPRINGS, a California charter city and municipal corporation David H. Ready, anager A ST: APPRO'JL'O BY CITY COUNCIL es ho son, City Clerk 0Z�Z2�c� APP VED AS M: ougla C. H an City Attorney ORC 448627.3.032589.0010 I IIIII II I II II I IIII IIII�II� II�II� �II��I ��I 93,11AA VMS 08,6R 0 F� 'ep1GE uT na se CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 510-270-003, 510-210-003 and 510-210-210-003 dated: February 23, 2009 from, The Suzanne D. Parish Real Estate Trust restated as of December 30, 1983 Grantor, 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 PdIm Springs, on the 191h day of November 2008, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 23'd day of February, 2009. MES TMOMPSON City Clerk IIIIIIIIIII�IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIN 200-0122245 0of 5596R ,I Attachment 1 Appellate Court Opinion a i ` 25 IIIIII IIIAIAI IIII IIIII IIII IIIII A IAI III IIIIII I IIII a 2AA I 0of 55 eR MODERKQTT, WILL & WERY .LLF 1-125434 �� ua Stwlcu BE To: 18191 Von xatman #400 Irvincy GA 97612 . C«.aa4kA�,J (949) B51 0633 Hbi am.0 q,E 6W LMr.Cstrw VNr �nav rom as a.iy��ti< DRNERY/COL.RUNG FORM l F/a M.nn J..OI.LL,_.:..... Plc k-u tlnal o i ova rr.n� Aaarcss > t iiqto gip. cn �(� !•., ardemdEV� Phone# Dhow r�: CaraactlJarne --- - RErttRN Nano�ar Dvcuncnus): pAtmctwa TYPE of GEFMGF CONFORMED �w VW r mpl Not Adv&xg - covtes Lrfl� Quo N AclvargQ q acaa gw� ©samw Day .((� LYE, Jp (y�/ (7f y� FQa. ❑ ; aAeray q Next Day 130the Fees • (a Rum gCoptas 'pr�+e�ar .ar�x: ' o�� � ❑Naxt Day W¢IQhe LAS•_ . LaMTpn�.i[1WTrt6! SPECIAL 1NS7AVCtiON8: �. Obliu� Ihdic�'eel �arr►� 'r (Ap � h-�c�l�.il. � �c��• w� � � c� u camptettpn r El you .Li Ha . a lco aymen weavR4v. P�Et d.M ungaatr¢re¢ubWotlo¢iX gwNa➢waunla n94aw+dhl . tiaBlllLy Canaltlora llMM�INrIvwK�:aa�bl�mwftlhlbtlle sSG0,00.G�Mnv+wro wPaMWb�o,awmSwn..�apM1u,Win w-A•<'w^+vaH�lwr�°�'¢aN- � L+ardkaka¢e�taWd.�mlcebul�laaeam6l�f Ewa�I lYn.mMW Yaws ddwwdwwrWllw NmPW'nnc i taootptont _ - ._ Data i Advance Fee: S Wzlvnvd arch Tlmo: Drtver: BILLING Copy t i - I I t • i i III II IIIIIII INIIIII IIII IIIII 1111111 III HIM III IIII 93 342 180of 5509E Cali1'oruia Courts-Appellaic Court Case fnformz6an Page I of 6 CALIFORNIA APPELLATE CO Case inforwation r z 4th Appellate District Division 2 change cold ctud date ian waaka,mJ2 ma Dias rM Pme-S.unlmary• ppckat Sch4¢y1C.0Ac0ons Briefs nlgp2alN ec on partiandAftPoff--s, 19�VC*911 - .ticket(Re ster of Actins)o -n MichdelArthnretRl.v.DaYldLevy �q i case Number E0261 Date ❑escrl NOWs IC 1124/1999 NON puwkal Did Sep 9.1999:David Levy. heea gedlrecelyed, 111ZWIM Lettertocounsel-10daysto file docketing statement 121OW1999 Received document entitled: dktg strnt I • 1210611999 To court dktg St atw/file folder 12/07/1999 Dockating statetrtent filed, 12110/1999 Received document orttitled: elks cert for relief from defoult for failure to conactly process appeal Q11011999 To oo(((L dk's cart Write folder 12/16/1999 Order filed- ct has eansidered Ilk's ced reed - 121t0/99&req for relief from I delault is gmt;appli is gmfd an extn ! In servelfile ntc of . designation of record w1a1k 9f Sup ct win 10 days(see order) 12/17/1999 Notice to reporter to prepare did 12117199;car Campbell nansoript . 01113/20D0 Notics of regard completion dk's dtd 1112190 . received. . F Returned document for non- G-2&R-1;clk'soertrecertificationof conformance. record not ompleted Returned document for non- C-2&R-1;no signature on dk's cart I conformance. - D3/3I&00 Record on appeal filed- G.2&RA ' 04/14/2000 Requested-extension of time Atbmey P e par Party:Levy,Ravid 0A1201W00 Granted-extension of fire. Attorney,pro per(no further extns-.-} Party-Levy, David 05/3112000 Mollon/applicafion to augment by applt wlextn to file AOB record filed- 1)8/05/2D00 Mellon to dismiss filed(after by respondents. teoord), D610612000 Toccult. Mtn to dismiss by respondents- applrs min to augment/ex(n req(blo) - http://appellatccascs-cotutinfo.c2.gov/scarch/case/dacke(s.rfm?diu"2&doc id�659234&dnc ri6-- 026130 2/2612008 II I I I I II 27 I IIIIII IIIIIII IIII IIIII IIII IIIII IIIIIII 111111111111 IIII oa 2190341222451 ea California Cc"-Appeilate Court Case trrfnrmatign Nlgs 5 of I 0=712001 To court apples amended page 3 b req for extra fv file A06 08Y2912001 Received document entitled: apples addendum to req for extra to. - file AOB i D&2912001 To courL apples addendum to req for exlrL"" 11/13/2001 Filed d=rrtontengtled: 2nd amended slip for reversal by applf � 11113r2007 To court apples second amchdod stlpwatiod For reversal ' 1 f/1W20D1 Fled document entitled= apples second amended slip for reversal fled 1111=1 1111 Olzoa l To court apples socond amended stip for reversal �• 0911212002 Orderhled afterthorough sludyof hte record 8 I doneldera(ipn of the 811ps to reverse the sup ct jutlgment the ct has dollmtined ttral fha proposed reversal would not bean appropriate resbluliefl of rho rase&the d denies the second amended stip for mversal:of accepts the case into Us settlement program;persPns necessary to complete settlement are Michael Arthur,Robert U Nahodil, David M.Levy,Ronald N.I(ilgore& John Wessman;parties are directed _ to file wPoAc wlin 20 days, letters adding to,deleting form,qr otherwise correcting this list of names&addressed;any change. must be accompanied-by a short explainalion;in the same Itr,patties I " era directed to state one or rrlore phone numberatwhich each party may be reach by the settlement J coordinator during normal business boom to arrange a data for the inidal setiement conf to be held at this court dk directed to mail a copy of this order to each person fisted above at address accompanying the person's name (see order)cc:settlement coordinator 09130/2002 Flied: 01OPellanes letter pur ores order fled Sept 12k(Llr wlahchnTnts forwarded onto digft ak.) 1010212002 Flied latter fran: . atry Selzer Ealy Hemphill&Blasdel did 1011/02 re their dient.John WaSsman was not a party in the Underlying action.-. 10/0?/2002 To court file.folder wrttr from applt Levy L Ile from days Setter of al- PW13/20D3 Opinion filed. i by applt for correction of page 13 of opinion filed 3113103 apples mtn to correct page 13 of .htlp://appe)Iateeayes-mblinfo.mei>v/search/easedockets.cfat'Idlst=42&doc_id-659234&doc_no—EQ26l30 2126/2008 II Z R IIIIII IIIAIAI IIII IIIII IIII IAlll III III III Ill�ill IIII ea 21A2 0of0ss eR California Courts-Appcilate Court Case Information Page 6 ofG 1 JR2 0k�d rI opinion 03cument entitled. opphamendmtto mtn for correction of pg 13 of opinion filed Y-13/03 03rt. epptt's amendment to Mtn to , correct. 03cument entitled: 2nd amendment to mtn foreon-ection of P. 13 of opinion filed 3113103 . I 3 .. 2nd amendmt to mto for correction 3n mourn(rod, ctdenies appfrs mtn forcoircction filed 3/19YO3&amendments filed M1103&M4103 3 � � copy of docket sent to Levy this date per his req 3 d copy of Supreme appiforMleasehdmdefault ng. (supreme crt) 3 Service copy of petltfon for appint t review received_ W0612003 Received copy of Supreme errata to pet for review Court filing. i 05105/2003 Received letter from: applt(not dated)mq ing copy of pg 13 ofopinlon&courts mailing list 05J0612003 Noto: copy of page 13 of opinion&courtls making list sent to appit per. - his written rmq - _ - 05r14/2003 Telephone conversation with: w/Natalie of Suprm ct&she verified ' that appHs min for relief from default filed w/them 515/03 wlpetition for rmpw was denied an WIM,there will be no order, 5115615 D511 M2003 Motion fled. by applt for recoslderatton orceurt'a order riled a110103 or In allgmative to recall remitriur(if - " 05114/2003 To court. applCs Mtn for reeonsideratlon of as order did 4/10103 05/19/2003 Order filed, ctdentes applfs mtn filed 5114103 for - reoonsideration of d's order filed 4f10103 05/192003 Remittitur issued, 05/192003 Case complete. 09/082005 Record in off Bite storage. 11,16t 1,ficx 53.SRC 0017281 crick hem to re40cst automAtle e-mail notlflratlons about this case. a2uo'f'iuQlctrt Canna rl of C.iifurnre htipJ/appcllatecascs.courtinfo.ca.gov/search/caWdockm.cfm?disl=i2&doe id=659234&edoc_na^C(I26130 2/2612008 11111111111111111111111111111111111111111111 III 03 009 e0s�e846eR 29 II I�AI 21 aF 55 ORIGINAL COURT ORAPPEAL--STATE OF CALMORN1A FOURTH DISTRICT DMS10N TWO i AP7063 M1CHAEL ARTB UR et a1., WURC OE GP Plaintiff's,Cross-Defeadaats and B026130 ` Respondents, (Supor.Ct.No.1MM357) v. The County of Riverside DAVID M Lr-vy, Defendant,Cross-Complainant and Appe4aal. , THE COURT The court DENIMS appcilatifs motion for correction filed March 19,2003, with the amendments filed March 21 and 24,2003. The record supports the statements in the opinion respecting the route and dimensions of the prescriptive casement. Acting P.L ec. See attached list (IIIII IIIIIII IIII IIIII IIII IIIII II�IIII III(IIIII I IIII 03 302 0of 55OOP MAILIr1Cr LIS'r r0R CASE'E026130 • i Superior Court Clerk j riverside County 13.0.Box 431 _Appals Riversi6c,CA 92502 Selzer,Ealy,Hcmphill&elasdell,LLP Diane C.Dlasdel 777R. TahquitxCanyon Way, Sude•3n Palm Springs,CA 92262 i f Dated Iz y 2550 Araby Drive Palm Springs,CA(2264 Wich iel Arthur AM Dm elopmcnt 437 South Bristol Avenue Los Angeles,CA 90049 t Robert L.Nahodil do White water T ruut Co. SR1;D3ox 549 Whitewate,CA 92292 Ronald Kilgon, ejo GreenleafThvst 490 W_South Street Kalamwo,MI 49007 4621 IIIII 1111111111111111 IN 1111111111111111111111111111111111 03 �3 2e Qjr 55 23 of 55 NOT TO BE PUBLISHED IN OFFICIAL REPORTS CRI(QM4 goes arcom Yrrlpa�� courwa c tin am on Narr•m(tmtt !or pu ton o ordrrud pubis�red,2zcerl.s spaafrcE 6Y mW 177(h�, 'rh(s o�lrnon s,wt bean cerftned for puB(tadon or orda pubMahedfar a sesarn,tcarr. IN THE, COURT OF APPEAL OF THE STATE OF CALIFORMA FOUR7U APPELLATE DISTRICT DIVISION TWO MICHAELARTHMetal. MAR 18 I Plaintiffs and Respondents, E0261 of tam isrwct v. (Super.Q.No.INC009357) IIAVIAM.LF", OPINION Defendant and Appellant. APPEAL from the Superior Court of Rivertide County. Charles E.Staffard, Judge. Affimxd with modifications. David M.Levy,in pro,per.,for Defendant and Appellant Michael Arthur and RobertNahodil,in pro.per.,for Plaintiffs and Respondents. Defendant David M,Levy appeals from a judgment quieting dde in plaintiffs I fichael Author'and Robtert Nahodil to a 50-foot-wido mad easement located in the outskirts ofPahn Spring's,running from the Arthur-Nahodil property southeast across the Levy property. In the 50-foot-wide casement is Old Araby Road,a roughly paved toad 32 (IIIII IIIIIII I��I IIIII IIII IIIII 1 IIII��I��I�III II IIII 03�AA 80 of 5500R - about 10 to15 feet wide,which continues beyond defendant's property through adjoining lots to a city street now known as Araby Drive,but originally called Taurarist Avenue. The property can best be desen`bed by reference to the assessor's map attached Plaintiffs owned lot 3 at the time the judgment was rendered,an 8.2 acru lot shown as parcel number 530-270-003 on the assessor's map. Their access to that lot is principally ewer Old Araby Road,which,in addition to turning within thc.adjudicated 50-foot eascmeht also nuts within a 25-foot wide,800-foot-long strip efland known as lot 12, paroul 510-270-012,on the assessor's tuap. The plaintiff's have admitted tltat defendaut owns lot 12. Additionally,defendant owns three lots adjacent to lot 12: lot 4,paroet 510-270-. i 004, lot 13,parcel 510470-013,and an undivided one-third interest io lot b,parcel 510- ' i 270-00G- The owner of the other two--thirds interest in lot 5 has not been joined in this action and is therefore not bound by this opinion. The parties have submitted two stipulations to reverse the trial coutt's judgment- We accept the stipulations as"confessions ofemor"and reverse the judgment,modifying it to coirect several errors: p)the casement is only prescriptive and is not created by express agmement,implication,or necessity,(2)flu,casement is not unlimited or of unspecified character,but is only for purposes of ingress and egress to and from plaintiff's'land,and(3) the easement is not 25 or 50 feet,but is the width of the narrow paved road used by plaintiffs and their tenants and agents. • IIIII IIIIIII IIII I I IIII III IIIIIII III II III II III 03 10085 o 5 05 , 85 of 5 i THE FACTS A bank originally owned all of plaintiffs' and defendant's land_ The bank sold defendant's land(lots 4,6, 12,and 13)and kept plaintiffs'land(lot 3). 1111929 and 1930 the new owner of defendant's land built a circle drive just beyond the cast boundary of lot 3;`The northern half of the circle drive lies in lot 12,and the southern half of the circle lies in lot 6. He also built three stone houses on lots 4,6,and 13 where they bordered on the circle drive. The circle drive was connected to a public road to tho north(then Stagecoach Road,now Pale Verde Drive)by a dirt road that first ran west into and through plaintiffs' lot 3,which was still owned by the bank. Lr the early 1930's the owner of 1ot4 and the owners of lots 6 attd 13,gained- access to.their property by traveling from the north and west across lot 3. Later in the I 1930's Edgerly,who owned lots 6 and 13,agreed with Martin,who had acquired lot 3,.to i stop crossing lot 3 to gain access to her properties and instead to construct and use what would be called Old Araby Road. Subsequent to its oonshuction,various deeds our ..deed reservations were executed that the trial court construed to apply to Old Araby Road,but in fact they did not describe orapply to the properly actually used by the partial. 'Since tho 1930's,Araby Road'has been used by the people living on lots 3,4,6,and 13 to gain access to the properties. When the parties to this proceeding purchased their lots in the late t970's defendant lived in a house on lot 4 and plaintiffs owned a house on lot 3 that they leased 3 IIIIII IIIIIII IIII I II III IIII IIIIII I IIIII I I IIII 03 20/2 0of 5500R to a variety of tenants. The tenants gained access to the houses using the road now in dispute. Defendant contends that any right to use the road as.ac=,%to lot 3 ceased after 1989 because.plaintifl's, ,house was not occupied consistently and the road was not consistently used, DISCUSSION The judgment declares the existence of a nonexclusive,unlimited casement in favor of the plaintiffs' lot 3 in a 50-loot-wide strip of land. From the above history we can now discern the correct and incorrect aspects of the judgment. j - First,paragraph 1 of the judgurcnt is con:eot on the fundamental point that there is a nOncxclusive easement appurtenant to plaintiffs' lot 3 over land concededly owned by defendant(lot I2)and in land in which defendant owns an interest(lot 6). However,the trial court crud=pecling the ways in which the easement was created,the parpose of the easement,and the easement's widllt. The distitictions in the:pour types of easement are important because both the rights and the extent of the easement depend on the way in which the casement was created Easements are created in essentially:Four ways:expressLy,by implication,by necessity,or bypieseription.t .The trial court found that each of these theories applied in this case; t Soo 6 Miller&Starr,California Real•fttttte(3d ed. 2000)Easements,section 15,13,pages 56-58(generally),section 15.14,pages 58-61 (express grant or rescrvation), i section 15:19,pages 77-79 (implied grant or.ros vation),section 15:27,pages 97-102 (necessity),section 15;24,pages 105-108(prescription)(hereinafter Millei&Starr). 4 37 I II�III IIIII�I INII IIIII IIII fIINI IIIIIII III IIIIII�II II I 03 EAtrV of 5500fl ' however,based on the documents and evidence presented at trial and judicially noticed on i appeal,we find that the only easement appurtenant to lot 3 is prescriptive. 1. F rpress Easement An express easement may be created by contract without words of conveyance, 1 even though a grant or reservation in a deed is more common? A dacwneot creates an I easement when it manifests an intent by one landowner to give another flue right to use his or her land.3 The grant of an casement is construed in the same mariner as any contract't i Tho interpretation of a contract depends first on the plain meaning of its language izntn which the parties'intent is best infetred;however,if the language is ambi&uous,extrinsic ovidence may be used to determine a meaning to which the cootraot's language is reasonably susceptible 5 . j i 2 See,e.g.,Enoch v.Ifaizlip(1912) 163 Ca1. 146, 149, 151-153;Golden Weft _ - Baseball Co. Y. City ofdnaheim(1994)25 Cd App.4th 11,35(whether loase created easement)(hereinafter Golden West). Rice V. Capitol Trailer Sales of Redding(1966)244 Cal.ttipp.2d 690,692-693 (easement cxcattd in trust dead encumbering the dominant tenement at time tZUStor also owned tho servidnt tenement). 4 Civil Code section 1066; Miller&Starr,supra,section 15:16,pago 62. s City ofManhattan Beach v. Superior Carat(1996) 13 CulAth232,246, Golden West,supra,25 Cal.AppAlh at page 21;Miller&Starr,supra,section 15,16,pages 62- b5. • I I 5 Y. u I IPIiI IIIIIII IIII IIIII IIII IIIII IIIIIII III IIIIIII II IIII es 2009 oof'S5 . j i i An appellate court independently reviews the agreement and extrinsic evidcnoe, even if that evidence could be interpreted in different ways; however,if the resolution of the credibility of conflicting evidence determines the interpretation,the trial coures intorpretetion must be upheld if it is reasonable 6 Although the court found,and the parties ages,that the 1933 Martin-Eagerly ngreement created a road casement in favor of Martin's lot 3,neither the ttnconflieting• extrinsic evidence nor the document itself(reproduced in pertinent part with italics added) supports that cog straction: 'TVIIEREAS,Pede Wheeler Martin,who is buying 8.3 acres of land[lot 31 . .. through which Helen A.Edgerly has a right of way for road purposes,[y1 AND WHEREAS.Mrs. Martin desires the relinquishment ofsaid right of way grid abandanruent ofsaid mad. [111 NOW,TBEREFORE,it is agreed to build a new road to senr.Mrs, Edgerly's property and the Hopi houses owned respectively by Mrs.Edgerly [the two on future lots 6 and 131 and Mrs.lvZwh[the one on lot 41,located on acreage deeded io Mrs:Edgcdy and recorded hate 6, 1932,_. . .M Said road'to conrtect with the South end ofTamarist Avenue,Araby Tract. The contract for which has been let to the 6 Golden West', supra,25 Cal.App.4th at page 22;Eisenberg et al.,California Practice Guide:Civil Appeals and Writs(rho Rutter Group 2000)paragraph 8:64 et seq., .. page 8-26 et seq. 6' 37 1111111111111 III 1111111111111111111111111111111111111 SPA 29 0£�SS 9R VY:Runt Company of Redlands for the sum of S000.00,VO In considaratien therefore, Mrs.Martin herebyggrees to advance to Mrs.Edgerly herpropordan oftlte cast afsaid road to the sum of$533.00. [1] Mrs.Edgerly agree to the abandanme-nt ofsaid road across the 83 acres aforesaid,to become[e]Cf active upon the completion ofthe new road connection with the South end of Tamsrist Avenue, [11 Ht;lca A..1 dg xty further agrees to reimhurse and pay to Mrs.Martin,together with interest at the rate of 71/9 per amp. until so paid, the sum of S333.00,said money to bq paid out of the proceeds of the first sale of propettynow owned by Helen A.Edgerly.. .. [¶] Pena'Wheeler Martinis i hereby authorized to pay to R.W.Otis,said sum of S333.00 Upon completion of said mad i Thus,Martin's only intent expressed in the document itself is to prevent Edgerly From using lot 3, to which Martin acquired title the following month,as acoss front Stagecoach Road to Edgerly's property,the future lots 6, 12 and 13 now owned in whole or part by defendanL This construction is supported by the testimony of one of plaintiffs' witnesses,maltor Robert Fey:"But the document you say speaks to itself thst Mn-Mltrtin wanted some privacy and offered to build the road . . .so that she would:, .not have her neighbors going through[her property]." This construction was also supported by the testmory of defendant's title expert,who ttsti£ted'that the agreeraoAf implied only that the easement over lot 3 was being terminated. No extrinsic evidence cantr0diets this Conclusion. 7 IlllllIIIIII III All��II IIIIIIIIIIIIIIII��I 2AA ese55e es eR 3 rI We conclude the 1933 Martin-Fdgerly agreement did not create an express easement for access to lot 3. -2. Imp(iecl Easement Implied easements.arise only when:(1)a landowner uses his or her land in a way that is(a)obvious or known and(b)apparently peEanout; (2)the landowner then conveys part of the land to someone else;and(3}the reasonable use and benefit of the conveyed part reasonably requires that the nnconveyed part be used in the same way it • i was used by tho original ownex. In this case,the usoat issue is Old Araby Road;plaintiff's must contend that the 1 conveyod part that would benefit is lot 3,and the burdened,vncanvcyed part would hive f� to be lot 12 and a small part of lot 6 where the southern portion of the circle drivo runs; the only landowner who owned both the conveyed and uaconveyed parts was the bank, If and it was the bank that cotiveyed the land(iot 3)to plaintiffs' firstpredecessor,Martin; l however,the bank never used Old Araby Road,which was first built and used by j fterly_ We do not have,an implied easement bare for several reasons. first,when the bank owned both plaintiffs'and defendant's land,the Old Araby Road had not bccn constructed,much less used by the bank. Second,the land to be benefited by the implied Civil Code section 1104; Pusher v. Gabrielsen(1998)68 Ca1,AppAth 131, 141. i IIIIII Ih�I�I IIII IIIII IIII IIIII IIIIIII III IIII IIIII Ii�l 63 09£055fl 0 i i basement(Martiit's lot 3)was not conveyed to its now owocr(Martin)by the owner (ftg rly)of the land to be burdened(Edgerly's undivided 12Yz acres),because Martin acquirod lot 3 from the bank,not from Edgerly. Thus,the trial couFt curd in finding old 1 I Araby Road to be the subject of an implied easement. ' 1 3. Barmrw by Necessity I Easctncntg by necessity occur'only when a landowner.(1)conveyspart 6fhis or her land and(2)the conveyed land is landlocked completely by the landowner's remaining land alone or together with the land of others s The standard is no longer one ofstrict necessity,but of reasonable accessity for the beneficial use of the land-9 Evidence was,presented that the access over plaintiffs' Smokewood Avenue lot was restricted,at the time of trial,by the City o£Palm Springs to only a fair weather road. Nevertheless,once again,we have no easement because of the common ownership" roclu rement. -Lot 3 was not landlocked when it was conveyed by the bank,the anly landowner of both the plaintiffs'and deticndant's property. When the bank conveyed lot 3 to R-Lee Miller,he had access to Stagecoach Road over the old dirt mad on lot 3. s Maores v. Walsh(1995)38 Cal.App.4th 1046, 1049. 9 Leonard v Haydon(1980) l 10 Cal-App.3d 263,268,270,273(no necessity where altetnative means of access availahie at reasonable cast). 9 - 9 III I IIII I III IIII III��II III III II III IIII III 93'1V20 of06500F r 4.. Prccyctiptive Eam_ment The issue here is not whether plaintiffs had established a prescriptive casement, because defendant conceded that plaintiffs had acquired a prescriptive easement by 1989. r The issues are the extent of plaintiffs'prescriptive rights and Whetherplaititiffs abandoned them. The extent of prescriptive casement is dotm-mbed by the oxtent of the use ie Respecting the abandonment of prescriptive easements,pbysical interruptioa of ah established adverse use does not affect the prescriptive rights unless the adverse user ceases using the easement for the five-year prescriptive petiod.i1 Gates that can be - Opened and closed at will,or to which an adverse user has a key,do not physically- i interrupt the adverse use.12 Posting a sign does not affect a vested pmcriptive right." I 1p p.'Banion P.Barba(1948)32 Ca1.2d 145, 155. r1 Civil Code section 811,subdivision 4;Zimmer v.Dykrtra(1974)39 61.App.M 422,434,435;Miller&Starr,supra,section 15:33,page 121., 12 t7'Banion v.Barba,supra, 32 Cal.2d at page 154;Silvaira v.SW(h(1926) 198 Cal.$10,519;Miller Starr,wra,section 15:33,pages 120-121_ . 13 Harrison v. lloiaU(1956) 139 Cal_App.2d 170, 171-172, 175 (sign said that permission-to pass was revocable at any time);Miller&Starr,supra,section 15:36,page 132. 10 ��III IIIIIII IIII IIIII III IIIII III II III IIII I IIII s✓2009�ore�s an 1 j We must affirm the trial court's determinations on the issues of extent and abandonment if substantial evidence supports thtcm.sa I I )cfendant's claims of abandonment were countered at trial with documents and testimony that,although there were some periods of nonoceupancy,the Old Araby Road ! access was used by one of theplaintiffs several times, their real estate agent 25 to 30 times,and their general contractor three or four times during the period of alleged abandonment Plaintiffs consistently demanded access whenever the prescriptive casement tuns temporarily blocked by a woodpile or locked gate. Defendant acceded to ibese demands snaking no sustained effort to block plaintiffs'access. 'fluff gates,signs, and recorded consents did not imply nonuse or abandonment and otherwise had no effect on plai atif.Fs' vestod prescriptive rights. The plaintiffs'case provided substantial evidence that plaintiffs did not abandon their prescriptive easement over Old Araby Road to the plaintiffs'gate. We conclude that substantial evidence supports the trial court's finding of a prescriptive easement as of the time of trial. However,the only easement being prescriptive,its extent is limited by its use, - which was only of the paved road,circle drive,and short mad to plaintiffs'gateamt a SO- foot-or even a 25-foot-wide easement. Also,the use was only to access plaintiffs'lot 3— not to access any Other lot. The trial court's judgment is defective is these respects,and 14 Warsaw v, Chicago Metallic Ceilings,Inc.(1984)351~AM 564,571. 1111111111111 IN 111111111111111111111 III 1111111111111 63 zaa 34 of 5500R must be modif icd to limit the prescriptive eas=ent to the scope of its actual use only along Old Araby Road itself,around the circle drive,and to the plaintiffs'gale,and only to access tot 3. Muming to the judgment,with these Holdings we can now modify the judgment in detail. Paragraph l requires amendment as to the kind and dcsoription of the easement However,based on the fundamental point that the plainUM do have a prescriptive easement,in paragraph 31110 judgment correctly enjoins defendant from mledering with plaintiffs'use of lho casc ramt. in paragmph 2 the judgment also adjudicates the Cross- complaint against defendant and in favor of plaintiffs,which again follows from the oxistence of the eascmont. The defendant does not contest this adjudication,and it retnaias3ustifiod under the modifications we will make to paragraph 1. In paragraph 4 the judgment awards costs to plaintiM,who rtmiain the prevailing parties under the judgment as we will modify it Thus,wevAll preserve paragraphs 2,3,and 4 of the judgment DISPOS1T ON Only paragraph l of the judgment is modified to delote.the legal description and•to read as follows: "L Judgment rendered on the complaint b favor ofplaintitfs RobertNahodil and Michael Arthur and against defendant David Levy,as well as all persons unknown, 72 _ 43 (IIIII IIIIIII IIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 03 saes-o9 M3,e®M claiming ally legal or equitable right,title,estate,lien,or interest adverse t6 plaintiM in tile,nonexclusive prescriptive easement to serve plaintiffs' lot 3(APN 510-270-003). T118 i prescriptive easement is only for rights of ingress and egress only to lot 3. The i proscriptive easement runs along the Old Araby Road ffom the southeast end of 1 defendant's lot 12(APN 510-270-012),bounded by lot 3 on the west,lots 4(APN 510- 270-004)and 13(APN 510-270-013)on the north and northeast,lot 6(APN 510-270- 006)on the south and southwest,and on the east lot 7(APN 510-270-007)and the i r ( adjacent lot to the south. The pm eriptive easement continues to the northwest entirely within lot 12 on the OId Araby Road,to the small,circle drive at the northwest end of the Old Araby Road,around the south side of the small circle drive just across the north boundary of lot 6 and around the north side of the small circle drive within lot 12,and along Orc short road within lot 12 between the circle drive and the plaintiffs'gate on the boundary between plaintiffs' lot 3 and defendant's lot 12. Not included in the prescriptive easement here adjudicated is the portion of the Old Araby Road lying to the southeast and east of the southeast end of lot 12 and connecting with the south end of Araby Drive. Currently the Old Araby Road,circle drive,and short road from the circle drive to lot 3,arc roughly paved,and the easement as it has been used is the width of the pavement. Thus,the prescriptive easement varies in'width between 9'/a feet and 18%feat with most of the casement varying between 11 and 16 feet wide." 13 III II II III III II II IIII Al l IIIII II II IIII II s 0@9 aa£e55eeA i • i As modified,the judgment is affurned. Eub party shall bear their own costs: NOT TO BE PUBLISHED IN THF,OFFICJAL REFORTS j ncur: ctingP. . ' F IM 45 IIIIII�IIIIII IIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII ea 2009 37o£ 55 I a� ACti 60vr LOT J -tft 51D�210-004 rr0 ®�"-'" 9) 3 V t/c @r @ s @ �` •� 10-2i0�003 0 '® f A tv s�sxe �p xx 510-210-017 510-270-002 _ r ! ti 10-270^004 0 It, !� r15 4 w 510-27.0.-013 510-270-003 Q OJs.{:* Q44r j - 510-270-012 I f}� .a 1 d.6"'1#AC. plerrSe Ii 510-270-006PV , 6 1111111111111III III II 1 II III o�2AA z aof'55 aR ep 55 �u[G![uuy M.23 FAX 94: 4E Y Y E CRANGE COUNTY ¢�002/007 MGp�3zMo T. WILL h MMT •LLP 1-125433 �P TO: X�.e 18191 Von %dn82612 #400 Irvine, Cle (� � G raJ�rk[i,r {943j 051�e683 Bu(MY�FM Pf - tl.1r Ian tlti� O1C iFn6.G ClN Nm cu.r• My dx+c Sta.ta Zip. rune#- 1�0� R1aw•r 0cc G'wwtNe" . RETURNRim o a n): TVPR OF eERNC2 PONFORWO upa mot Ns VOINM 40 OW [3AUPCaWa6- ❑aw,10 r* JL.f✓vwK V.i�tl�.V �y ww Ftw ❑G� 4Ntdtoay r nrnpW do11i '':s -I S gFZ 'Q gplar a o PtKw ��^ ""V Qotnar I �ECWL,NSTHt1[}TIOMet . C,�,h,�.,i'd � 1'�►-h Cr�.iad �`0 i �,V IYI NlCt�4(i�. 3�Yi wall Opp VPO^ tInpE,No p'Y.a NaaN ' Ny(*p aa{y rtl•OcdnF l'a w•7R 4PR--Mftnx...-.rhb ... .ti..r.. IJaWYN CondlYonra+ �«wv.x.o•rw.r, maaa wmrr.n�r.rrwa+aaemu.nrw�aa N+ r^•«rr-- . e�ry.Mn4Man MMac.awaw•anrsnhY f.+x.r�mart..ee.aa.-u,pudwla 4rd�.•eW.p�.K{u -.� r�- 2 (O' r ReapNnt _ Ou0 l A*ane Fen: S e�.Lll • Ii i (IIIII IIIIIII IIAI IIIII IIII IIIII IIIIIII III IIIII IIII III ea�009 39 of 55 aR INCO09357 Actions-Indio Civil&Small Claims Page 1 of2 W IWO, Raw Home CamplaintalParBes Actions Minutes Pending Hearings Caro Report lmagca } - 1 mom io t tf Case INC009357«MICHAEL ARTHUR VS.DAVID M LEVY f ViewCU Hate cibn Text DlgpaSLM Image PROOF OF SERVICE OF JUDGMENT AFTER TRIAL'1STATEMENTOF _ N 0 611 311 9 99 DECISION,HALL&BAULEY,08/12/99,SERVED ON SERVED FILED(NON- Not licable I N 08'110/1999 JUDGMENT(ENTIRE ACTION)FIL.ED;HONORABLECES„ Nat Applicable 96l10l1999 STA7EMCNTOF DECISION FILED BY MICHAEL NDFML . Nat -AlApplicable N 08/03M999 FCOSTSANDDISBURSEMENTS,SUMMARY Not MICI-IAEL ARTHUR,ROBERT L NAHOOIL'"USEAIC MCS PI plicable 0711319999 EXHIBITS LIST(JOINT), Not NIA I 1II �07/13119999-.30 COURT TRIAL(fRAIUNG);ESTIMATE 3,07112/99,09;30,2F,DAYS- J9dgm int AM bEPT.2F Minut Entered ��07I13/1999 COURT REPORTER FEE IN THE AMOUNT OF�84,00,COUNSEL FOR Not ❑ DEFENDANT.07/13A99,PAID BY FOR Ap livable � 07/13/1999 COURT REPORTER FEE IN THE AMOUNT OF$94.00,COUNSEL FOR Not PLAI11TIFF,07113199.PAID BY FOR Applicable i 07112l1999 COURT REPORTER FEE IN THE AMOUNT OF Not ❑ I( 168.00,PLAINTIFF,07112/99,PAID BY FOR Applcable 7/12/1999 RL4L BRIEF FLED BY INot MICHAELARTHUR, ROBERT L NAHODIL AAPPIigaWe NIA l I 0712/1999 TRIAL BRIEF FILED BY DAVID M LEVY Not NIA Appfioable • f. 97/12/1999 STATEMENT SEPARATE STATEMENT OF UNDISPUTED FACTS,0003, Not N/A 1i FILED BY IlGable 7112/1999 PLAINTIFF WITNIESS LIST Not NIA Applicable 07l1211999 EXHIBITS LIST BY PLAINTIFFS, lot p1IgbIE N1A 7/12/109 COURT REPORTER FEE IN THE AMOUNT OF S188.00,DAVId M LEVY. Not (DEFT),07112/99,PAID BY FOR Applicable ❑ 071211899 9:30 URT TRIAL(TRAILING);ESTIMATE 3,07/12/99,09:30,2F,DAYS- Granted AM DEPT 2F Minute$ A6/DEPT. F JURY TRIAL-Mi a Completed • AM DEPT.2F � 9� 04/ $_30 AM DEPT.2F STATUS CONFERENCE-Minutes Camowted DEFT. U4119/1 q99 8:30 AM DEPT-2F STATUS CONFERENCE Vacated �—I ------------—---- r------- htlpJ/public-acem.dvmidc,courrs.ca.gov/OpenAcoess/CIVIUdvildeudls.asp7couacode=B&basaaumbe... 2/2612009 III I I Illiil Allllll IIII hill IIII IIIII IlAllll III IIIII III IIII oa 2A09-es�ee R ',1 I F1 .1 1 LAW OFFICES OF RICK M.STEIN Rick M.Stein,Esq. 2 state Bar No.:044652 400 Soolh Farrell Drive ORIGINAL suawna�camrorc+x� nu 3 t�ueB 2A3 �wrroepa�Rsroe ' J s Palm Springs.California 92282 � 4 Telephone;(700)325-5990; Facsimila:(760)325.6255 AUG 10 M9 5 ATTORNEY FDIC Plaintiffs . e L. M}CKELSO " a 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF RIVERSIDE 10 @ 1 I MICHAELARTHUR and R013ERT NAHODIL, ) Case No.:INC 009357 1 12 Plaintiffs, ) i STATEMENT OF DECISION (California Rules of COM 14 DAVID LEW,an ilidWuat;all persons ) 232(c)and-520) unknown,claiming any legal or equitable ) 15 MK dde, estate,Gen,or interest m the ) I mo) - property described in the complaint adverse 16 to plakft'aaseniont;and DOES 1 through 50,Induswe, ) 17 ) Defendants. ) 18 ) ) 19 ) oAVID M.LEVY, ) 20 ) Cross-Cattiplainunt, ). 21 ) 22 } MICHAEL ARTHUR;ROBERT L.NAHODIL.. ) 23 at al.. )) 24 Cross-Defendants. ) ) 25 ) 28 ' 27 28 MI-ART - 81aiem¢rd of Dedeion I(IIIII IIIIIII IIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 03 2Ci0941 0n£' SSSSF 1 The above entitled case came on regularly for trial on Tuesday,July 12, 2 1929,and continued through tha moming of Wednesday,July 13, 1999.in Dept.2F of 3 the abova-ft6tled court,the Honorable Charles E.-Stafford,Jr.,Judge presiding,a Jury 4 • having bean ex ressly waived by both parties. Rick M.Stern,Esq,appeared as counsel 6 for plalrdiffalcross-defendamsArthur and Nahvdll,and John L.Bailey,Esq-appeared for 6 defendant(cross-complainant Levy. 7 Oral and documentary evidence was introduced on behatrof the respeotive 6 parties and the cause was argued and submitted for decision. The court,having 9 considered the evidence and heard fhe arguments of counsel and baing fully advised. 10 issues the fallowing Statement of Decision. t 1 1. latent• With regard to the issue whether plaintiffs established i 12 their right to an easement aver the Old Araby Road which abuts Levft property,the l f 3 court finds, based upon the totality of the evidence,that plaintiffs have overwhelmingly 14 established the a dstance of the easornerd as an express easement,easement by 15 prescription,easement by implication,and easement by necessity. The court based its 16 decision of the fallowing fads., 17 a, ' The area in question,off Araby Road in South Palm Springs, j is consists ofa h llside area,lightly inhabited. 10 b. Exhibit 101 shows that Pede Whceka'Martin and Heller A. 20 Edgerly,predeceaeors In interest to the properties awned by platntiffa and defendant. 21 respamvely,entered into an agreement,and exchanged monetary consideration,on 22 March 24, 1933,with the intent to Jolntty develop a road(now known as the"Oil Araby 23 Road's and that each party would have a non-exclusive easement 10 use the road once it 24 was opmpleted. By recording the Agreement,the parties intended the easement to run 26 with the land parcels in question. 20 27 28 2- Statement of r ftwon IIII IIII II till IIIII IIII II II IIIIII III IIII II III 03t30 2 of�99 0R • C - ry t G The road was oompieted and became known as the Old Araby 2 Road, The Old Araby Road abuts properly awned by plaintiffs and defendant,and R 8 passes,ihrough a large portion of property owned by LeVy,servient tenemenL (See Civil 4 Code§803.) 5 d. The bartefits.and bun:lens of the 1933 agreement operated as I 6 servitudes burdening the property owned by Levy,a successor in Interest to Hellen A. 7 Edgerly. (see Civil code poe.) 6 e. The Deed from George Moore to David Levy which granted q 9 Levy We to Parcels 4, 12 end 13 clearly indicates in lha legal descdptlon the property is j to subject to a"perpetual easement and right or way for road purposes over a strip of land 11 $0.00 feet in width lying 25.00 feet on each side of the fallowing dewbed canker lire r i 12 ' (See Exhibits 103 and 122 and others) Lmy lz expert Aibtess testified the center 13 fine lines In the middle of the Oki Araby Road, 14 f_ Thereafter,the Did Ardtby Road was Used by the orig'rrtal parties 15 to E)dribR 101 as well as their successors in Interest,InCiuding plaintiffs and defendanL 18 •g. The vrtent of the original owners,Perle Martin Wheelerand 17 Hellen A. Edgerly,was to provide access to Parcel 3,depicted on Exhbif 102,a parcel 18 now owed by plaintiffs. ; 0 h. Plaintiffs purchased their parcels in 1978,and Levy purchased 20 his parcels in 1977 and 1076. 21 1, Between 1978 and 1989,plaintilFe had tenants on their properly 22 who used the old Araby Road for Ingress and egress. Between approximately 1989 23 end 1996,plaintiffs'prpperty was vacant,because Levy had made numerous Complairrts 24 to plaintiffsconceming activities of their tenants onplafrrf property, Parcel 3. In1988, 25 Levy introduced plaintiffs to a tenant who rented the property on Parcel 3 from plaintiffs. 27 • � ^3^ - Statemnntofdecision Illilllllllllllllllllllllllllllllllllllllllllllllllllll 03 V2009 42 of 5500R J , j• At least once,Levy placed a look on his gate to prevent vagrants from passing over the Old Araby Raad;however,on April 6,1991,Levy gave a .the lade is sob Feywfw Levy knew was a real estate broker representing i key 411plain to their attempt to 5011 UW'r property, (Fxhbit 6) 5 lw The use of the Old Araby Road by plaintiffs and their tenants between 19TO and the Presant was Pori,nntodous and continuous for a period exceeding five years,indeed,from 1978 to the present. 8 tiffs 2 AbandonmorLt. Did plaintiffs abandon the easament7 The court 8 based Its decision on the following facts; a. Plaintiffs did not abandon the emmeal. Indeed,on January 6, 1 t 1997,Robort Nahodl wrote Levy to tell him that'we will not relinquish our rights of i2 access and egress on Araby Drive...` (see also Exhibits 126-129 recorded December 13 31, 1907.) 14 b. Robert Fey leslified that up to the present,he used the Old 15 Araby Road to show plairrtifs'property to pmspwft purchasers. (See Exhibit 2,the 16 notice posted by.Fey an Levyrs fence,) 1T 3. EMPMnt of NUMF 948ement by necessity? The court based 16 its decision on the following fads-. 19 a. The dominant and aervierd tenements were at one f1me under 20 common ownership and the easement created. (See Ex hlblts 121,122,123, 124.) 2I b. There exists a strkk necessity for tno easement as plaintiffs' 22 land Is Iand-kx*Aa and,other than the Old Araby Road,there is not an all vfeather road - 23 whloh sellAces plaintiffs'property. The road acrosa plaintiffs'parcel on SmaBewood was 24 disapproved by the City of palm Springs in or about 1985. 26 A. Tsrms on Faamen, Who was required t0 pay taxes on the 26 eaaernent? The Court based its decision on the following faow: 2T 28 4 Statement of bneislon I II I I I llllll lllllll Ill(IIIII Ill(II ll lllllll 111 llllll 111 Ill( o3 200 z os w ss®c+A __ 1 I e. When Porte Wheeler Martin and Hagen A. Edgerly transferred 2 their properties(Exhibit 101),the subsequent owners took the properties burdened and i 3 benef tled by the easement which had been created in 1933. A b. Based upon the evidence before the court,George Moore had no . 5 power to convey the easement to David Levy on December 6.I'M (as purported in 6 Exhibit 104).as he did not own It. Exhibit 103,dated months earlier in February 1978, 7 shows that Levy took fide to his property butdei>ed by a perpetual easement. (A j 8 ,servitude thereon cannot be held by the owner of the servient tenement. Gall Code 8 14 a Levy chime he paid taxes on the easement(about$$a Year),Yet .11 he also cof t0nds no easement existed. If Levy thought the easement existed, he would 12 have forwarded the tax bills to the owner of the dominant tenement,something he did not 13 do- 14 b. Presumably,If plaintiffs had known about a tax bill on the 15 easement,as owner&of the easement they would have paid rho tax bill. Plaintiffs would rs have paid the tax bill on the easement if they had known abort k. 17 c. The only reason the tax assessor sent a tax bill to Levy was as 18 a result of fha purported conveyance from George Moore to Levy recorded February 28, 1e 1979. (Exhibit 103.) The sending OM--tax bill does not evidence Levy s nwrler *of 20 the easement. 21 5. 4�YY muu_Comnlalnt. Is Levy entitled to interfere with plaintiffs? 22 Use of Ova Old Araby Road and does"W3 doss-complaint helve arty merit? The court 23 based fts decision on the following facts: 24 a. . As owner of the serWent tenement, Levy was not permitted.to 25 interfere With use by owners of the dominant tenement 26 27 28 -5- StatamentofDedrion IIIIII IIIIIII IIII IIIII IIII IIIII IIIIIII III IIIIII III IIII 200945 of els e5s ea a es 1 3)i 1 b_ In fact,the court finds Levy did many times interfere with use of 2 the Old Araby Road by plakift and their tenants and real estate agent as they 3 accessed plaintiffs'property. ' 4 C. Therefore.Ihe.court orders an injunction against anyfurther. 5 intarfererice by levy with plaintiffs'rights. I 6 d. It is also ordered that Levy take nothing by his crosstamplaint: ; 7 e. Costs of suit are Mrded to plaintiffs as prevaling parties. 9 �. I 10 The legal basis for the courts declslon is found in various autlwritles. 'The 1 f comreyanco.of an easement knotted to roadway use grants a right of ingress and egress 12 and a right of unobstructed passage to the kidder of the easement.' 2Mtyyx-Ymt= J13 QIL�?r R IW� 37 Cat.AppAth 697,703.43 Cal.Rptr.2d 810(1995).Once an 1� easement for streets has been created by initial reference to a subdivision map,it ib pastas as an appurtenance tot ttie Iet unless specificalyexoepted. Tract rlevelonmertf 18 Irvice_Inc,x Ifvoter. 199 Cat App,3d 1374, 1385,246 Cat. Rptr.469(1988), An 17 express easement may not be abandoned my more non-use in the absenc9 of evidence 1s Of a dear,(106&e,and unequivocal intent to abandon by the owner of the easement. 19 XMI JScvelnome kwpa.at p. 1384,`-..may be lost by abandonment only when the 20 lntentldn to abandon steady appears; �e[� _v bass,68 Cal.2d-864,09 Cal. 21 Rptr.612(1968)_ 22 Section 321 of the Code of Givil Pmc;edure and Section 1607 of the CIA '23 Code lay the statutory framework-for prescriptive easement after five yearn of adverse 24 use. (See Zhnmer v, pvlLcfrn.39 Cal.App.3d 422,430, 114 Cal RpIr.380(1974),`two: 25 txond elements required to create a'pretcdptive easement(1)an adverse uae for and 26 (2)1he five year presetrptive period;" Taps�ma v Joennv 1 Cie.3d 679,680, 83 Cal. xr • � -8- StatwrtBm of fledelen IIIIII IIIIIII IIII IIIII IIII IIIII IIIIIII III IIIIII III IIII 03�8048 of 5500R ' S I Rptr.359(1070),"title by presctiption,' "The elements to establish prescriptive 2 - easement are... open and notorious use or possession that Is continuous and • i 3 uninterrupted,hostile to the true.owner,and under a claim of right....Such use for the , 4 five year statutory period...confers a We by prescr" Wn' (at p.686.) Another case I 5 has noted,•..-(C)antinuous tide of an easement over a long period of time without the s landowners Warferenoa Is presumptive evidenve of its(prescriptive easement) 7 existence and kk the absence of avldenca of mere permissive use it win be suffidentto 8 sustain a judgment" Y&jU aw v.Ghti�gg�g(all Calrma�lnc.,35 Cal,3d 564,571-72. • i 9 199 Cal.Rptr.773(1984).) juradq is added.) 10 Easements by Implication WE arise and be given effect when an easement 11 has been given effect by the prior owners of the property,a situation which occurred 12 here when the easement was created in 1933_ The intention of Perle Wheeler Martin 13 and HeAen A.Edgerly to create an easemem(in Exhibit 101),and the recordation of the 14 .Agreement,Creating the aasemerd,leads the court to the conclusion that later owners of 16 the respeCdive properties of Martin and Edgerly are burdened and benc6tted by the 1s easement (Civil Code§1104). I 17 Elements necessary to establish an'adverse use are'(a)open and i r 18 notorious use;(b)wItlnuous and uninterrupted use;(c)hostile to the true owner,and 19 (d)urldora otaim of right." ZjmuivL,>zy=.at p.430. In genwal,`adverse"use is that 20 made under a cialm.of right vlrtirout the permission of the landowner. Ka[2� 21 101 Cal.App.2d 716,720(1951). 22 In California,"open and notorious'use merely means a use that notifies 23 the owner of the property(Levy In this case)that a use Inconsistent with his rights is 24 baing made. (Sae 268 Cal.App.2d 626.634.74 25 Cal,Rptr.307(1909);McCa*Z Walton,212 CaL App.2d 39,44,_27 Cal. Rptr.792 26 0963).) "Corrfinuous and unintermpleT use may he satisfied when,as here.(here are 27 26 7. Statennenf at Dedsfon IAAIII IIIIIII IIII III�I III�IIII IIIIIII lAl llllll 111 l��l 00947-es£os s ea ea ,i f I periods ofthne,even extended periods of time,between the specdW acts of use by the 2 claimant. (See Strona v Baldwin 154 Cat.150, 162(1908);Zimmer v 1Cstra•z=-) 3 Based on the record as a whole,it Is crystal dear that plaintiffs have used f a the Old Araby Road in an open,notorious and contrnnuous fashion for many more than � 5 the five years necessary to establish an easement by prescription. Plaintiffs bought the , t i 6 property with the belief the Old Araby Road would serve iheir purposes. Robert Fey ? s 7 tried to sell the plaintiffs'property believing the Old Araby Road was available as a year- 8 rourld road to and,from it. Levy,who lives on the Road,knew of the use and did nothing i I 9' to stop$except for blotting fhe road on oaasian,until i996,years after the 10 easemenes.existenoe had already been wall established. } , 11 Even though levy paid taxes on the easement,plaintifte had no notice of 12 the fact. Moreover,the easement should not have been separately taxed as George 19 Moore had no power to convey the easement to levy. (See Civil Code§805) IN 14 aay eve at the tax assessor pinked up the tranisfar from Moore to Levy. Until Levy is asked them to pay,plaintiffs were absolved from paying faxes on the easement because 16 they did riot know it was separately taxed, 17 is actin nt by Neca sB yti 19 A third and independent balls for establishing the easement-in question 20 . arises out of the fact R was]oln#y developed by tha prior owners whorl the properties 21 were owned, respectively,by Pete Martin Wheeler end Helien A.Edgerly. By 22 developing the Old Araby Road to aerve both properties,it is obvimm the prior owners 23 contemplated construction of the Old Araby Road to seMoe both properties. 24 Generally,an'casement by necessity`adses when ownwship of land is 2e divided Irt suds away as to create a landlocked paroel. Two olaments must existbefore 26 a coutt Will enforce W easement by neoessity;(1)there must be'shU r>eoessity for the 27 2a -a- Statement of Decision III II IIII IIII III II 1111111111111111111111111111111111 1 I IN0s 2009-009 0s4eeF 48 of 55 3 I easemeca;and(2)the dominant and servient tenerren(s must have been under common 2 ownership when rife land was divided and the easement=ated. @eese v..1Qr9hi'216 3 Gal.App.3d 324.332333,30 Gal,Rptr.868(1903). 4 In the case at bar,the express easement in,question was created in 1933, . 5 when the prodcaessors in interest to the properties now owned by plaintdfs and by Levy, • l 6 Pede Wheeler Martin and Helen A.Edgerly,jointly agreed to eonstracttho Old Araby ! I 7 Road to provide Ingress and egress to the properties, The properties had been divided e at or about that time and,just prior to the parties dwningthe properties,the propeties 9 Were owned by the same person,Security First National Bank,and later,R.Lea Miller., 10 VAen plaintffa and Lavy purchased their proparlfes,the benefits and burdens of the j 11 easement passed with the respective triter. (See discussion in Lkhtm,$kKe1%149 12 CaL App.3d 6M,700-01, 197 Cal.Rptr. 137(1963).) An easement of necessity is 13 appurtenant to the land and iF must be presumed to oOanue until some fact found by 14 the court Shows that the right no longer ex}sts... The way,having been created by the 16 necessity for its use,cannot be extinguished so long as the necessity exists' OttK at 16 P.701.) 17 Judgment is hereby ordered tb be entered as follows: 1 a 1. Judgment on the complaint in favor of piaintitts Robert NahW1 and 18 Michael Arthur and_againat defendant David Levy,es wen as ell persons unknown, . 20 dairning any legal or equkable fight,title,estate.Gen,or interest in the property adverse.. 21 to plaintiffs in the non-exclusive easement to service Parcel 3 described as follows: 22 A strip of land 60.00 feet In width lying 26.00 feet on each Bide of the following described center fine: ' 28 24 Townsll h p 4 South, Ran of the EEnt uSan Bernnardino 25 Meridian,as Shown by United States Government 25 Survey,and more particularly described as follows: 26 Saglnning at the most Westerly comer of Lot 17 in Block"F"ofArahy Tract,as shown 6y Map on filo in 27 28 _0_ Statement of NO short 57 IIIIII IIIIIII IN 1111111111111111111111111111111111 IN es 20049�oof ss 99 nl i{+r 1 Book 13•Pages 61 and 62 of Maps,records of Rlverside County,Caltfomia;thence south 71.22'20" 2 West,a distance of 367,26 feet;thence South 00901'00"West,a distance of 222.81 feet to the true 3 pant of beginning of said center Una to be described; thence South 83.33't10"East a distance of 60.70 feet; 4 'thence North 59'18'00"East;a distance of 62-47 feet; : 5 thence cullhh 54 8200p"East a distance o a distance f 19-93 feet 5B 06 t thence South 26123'00"East,a distance of 152.33 i 6 feet;thence South 63028'00"East,a distance of 235,41 feet;thenco south 46028'Q0"East,a distance 7 of 234A 9 fee!to a point that bears South 00.13'0(1" East,a distance of 137.47 feet fMM the$outhwestedy B corner of L.pt 26 in Block"F'of said Araby Tract 9 The s;de lines of said Easement are to be prolonged or I shortened to tarn mate in the side final of that cettain l 10 parcel of land,as conveyed to Hellen A:Edgerly,by deed recorded June 7. 1932 in Book 78 Page 398 of 11 Official Records of R"nrerside County,Cafdomia' 12 2. Crow-complaWnt Levy take nothing by his cross-mnl)a nt, 73 S. Costs of suit am awarded to plaintiffs as prevailing parties. 14 4. levy,his servants,agents,attorneys,and those acting,in concert 15 wits him are enjoined from any conduct which will interfere with plaintiffs'use of the 16 easemanf. 17 1$ Dated:,ftil [Q, 1go is ZQ 21 C arin E,StalFo r. 22 Judge of the Superior Court 23 APPROVED AS TO FORM AND CONTENT. 24 2b - ' 26 Atinrney for Levy � 27 28 -10- Statement of OvWvon IIIIIIIIAI�IIIIIIIIIIIIIIIIIII�IIIIIIIIIAIIIIIIIIIIIAAI e320A$e of 55 .1 PROOF OF SERVICE„STATE OF CAIJFORNL4,,WVNTY OF RIVERSIDE { 2 1 am employed n the CCurily of Riverside,Slate of C.allfomia. 1 am ovarthe age of 1 B sed 1 not a party to tho within aglan;my bu5jness address is 400 South Farrell D&O,Side B-203,Palm i 3 Springs,CaRromla. 4 Orl Auguo. loon,I served the foregoing document(&)dctUWed as' jf[ ti 5YATEmtw OF DECISION fPmanaedl ' t s oa the interested pwKies)in this motion as folkms: f i .7 John L.eagay,Esq. Theron*Ballay^Nelson;Esq, 6761 BmddanAvenue 0 , Riverside,CA 025M 16 [XI(BY MAIL)Ina sealed emrmlope addtesxacl as set forth slime. I Am"roaday famlaawr"wI the i 11 fiWs pra*6de of callealim and Viimssing corrnspondarm for mailing. Underthat lime bit would be deposlled with U.S.poatml f4rvka oh thal sane daywlth pastaga thereon fully prepared i 12 at Palm Spdnpa,Cefdontla In the ordinary c*wse or business. 1 am aware that en motion of the PAY sue,eervlce R presumed"Invalid if postal cancellation date or postage meter date is more la flan ona day aHer date of deposit for mailing in af0daviL 14 I I(UY PERSONAL SERVICE)1 Caused such envelope to be delivered by hand 1a the addmssec. 19 [ ](BY FACSIMILE SERVIGQ The above manpoomd documents)wasfw transmitted b/ facsimile hsuramisslon and the trarwr axion was raptided as complete and wXhM error. 16 17 (STATE)I dedam under penally of perjury under the lawn of the State of Carrforrda that the above 18 is true and cwr*CL 19 Executed on August 1099,at Palm rings,California. 21 • 2 - 22 Ti a Wpaafa . 29 - 24 25 Z8 27 26 IIIIII IIIIIII IN 11111111111111111111111111111111111111 10/2 0 f09569R ' E l I LAW OFFICES OF RICK M.STEINRick M. t 2 $tat Bacr Nino.;044652 [ d L 0 0 o 400 south Farrell Drive ORIGINAL 3 ' Suits B-203 Palm Spdrlgs,California 92262 4 Telephone:N0}325.6990;Facsimile:(760)325-6265 auc 10 1999 6 ATTORNEY FOR Purim L. IuCIClCELS01� 7 6 SUPERIOR COURT OF CALIFORNIA I !� COUNTY OF RIVERSIDE- i 10 '• r tf MICHAELARTHUR and ROBERT NAHODIL, ) case No.:INC 009357 12 Plaintiffs, )) JUDGMENT AFTER TRIAL BY ' )) COURT 14 DAVID LEVY,an individual;all persons ) unknown,claiming any legal or aquitable ) 16 right,tide,estate,lien,or Interest in the properrttyy descn'bed In the complaint adverse 16 to plaintiffs'eastxnew.and DOES i through - 50,inclusive, ) 17 J ' -- pefendanfs, •18 18 DAVID M.LEVY, } 20 ) Cross-C«nplainant, ) 21 ) zz V. ) ) MI,CHAEL ARTHUR;ROSERT R NAHODIL, 28 at al., '2A Cram-Defendants. 25 20 27 20 7354.ART J QmrwdAfWTdelbyCouA 1 IIIIIIIAII�I�IIIIIIhAII IIIIIIIII1hAl111lllllllllllll as2AA5 09�OB4O0A �.J ! i I THIS ACTION cam on regularly fortriai on Tuesday.July 12,1999,and 2 continued through the moming or Wednesday,July 13,1999,in Dept.2F of the above- 3 entitled court,the Honorable Charles E. Stafford,Jr.,Judge presiding,a jury having - 4 been Oressly waived by both parties- Rick M.Stein,Esq,appeared as counsel for 5 plairrilBsfoross-defeadards Arthur and Nahodil,and John L Balley,Esq.appeared for 6 defendanttcross-complainant Levy. 7 Oral and documentary evidence was introduced on behalf of the respective 6 parties and, after argument,the cause having trees Submitted for decision, 9 IT IS HEREBY OROERED,ADJUDGED,AND DECREED that, r 10 1. Judgment rendered on the complaint in favor of,plaintf fs Robot 11 Nahodl and Michael Arthur and against deferidant David Levy,as well as-atl petsans -12 unknown,claiming any legal or egtfnable dght 5tle,estate,Lien,or interest In the 13 property adverse t0 plaintiffs in the non-miusive easement to serve Parcel 3 described I 14 as follows 1 is •A strip of land 50.00 feet iri width lying 25.00 feet an each side of the following described center line: i .16 Atl that portion of the Southeast quarter of SeWw 26, ' 17 Township 4 South,Range 4 East,San'Sernardino ' Meridian, as shown by UnW States Govemrnent 16 Survey,and more particularly described as follows: ie Beginning at the most Westerly comer of Lot 17 in Block 6P of Araby Trail,as shown by Map on file in zo gook 13.Pages 61 and 62 of Maps,records of Riverside County.Oallfomla;thence South 71°2270" 21 West,a durance of367.26 feet thence South 00001'00"West adistance of 222.81 feet to the two 22 ppo-Irnt of beginning of said earner fine to be described; thence South 8 933100"best a dlstanw of 60.76 feet: 23 thence North 59.16'00"East,a distance of 62.47 feat thence North 87"57W EasL a distance of 19..93 feet; 24 thence south 54"32'00'East a dlstareW of 59.66 feet thence South 26.2VV East,a cilstanos of 152,33 26 feet;thence South 63"28'OT East,a distance of. 236.41 feet;fheni a south 49°28W Ease,a distance 29 of 234.19 fink to a pointthat bears South 00°13'0U". East,a dstance of 137.47 feet from the Southwesterly 27 2B - -2- JudgmontAHerTrtel by Court i IIIIII IIIIIII IIII IIIII IIII IIIII IIIIII�III IIIIIII II IIII NS ©03Bf 055 6R 5 0 i comer of Lot 26 in Bldck'F'of said Araby Tract 2 The side lines of said Easement are to be prolonged or shortened to term nate In the side Imes of that certain 3 parcel of'and,as comreycd to Hellen A.Edgerly,by deed recorded JUne 7, 1932 in Book 78 Page 398 of 4 Official Records of Riverside•County,GaiifornkL" 5 2- Cross-complainant Levy take nothing by his aces-complaint 6 I I Levy,his servants,agents,attorneys,and those acting in concert f 7 with him are e*lned from any conduct which wig interfere with plaintiffs'use of the 8 - oasemerd. 9 ' ip 4- Costs of cult awarded to plaintiffs, i Dated ,1999 i 12 . . 13 r�1T�lay 14 Charles E.Ste rd,Jr. Judge of the Superior Court 15 is APPROVED As To FORM AND CONTENT: 17 -18 19 n L.saWey zo Attorney for Levy zi 22 23 24 25 - 26 27 28 -3- JudgmentARerTrialbyMUR IIIIII II IIII I I I I II IIIIIIIIAIIIIIIIIIIIIIIIIIIIII IIIII II IIIII II IIII e32005 eo£asaer t 1 PROOF OF SFRVICE,STATE OF CAL•M"IA,COUNTY OF RINERSWE, 2 1 am Vmployed In the Coun[y of RivarWe,Stale of Callfomia. 1 am over the age of is V10 not party to the vAblo acdco;my business address Is 400 South Fanell Drive,Suite 13.2113,Palm 3 Springs,Cslifomta•- - 4 On August IM,1 aer ved the foragolnq dowment(s)described air 5 �,IUFNT AIR 7R10.L BY COURT[pistp� 6 on the Interesied parfy(tas)in this action as follows: - 7 John L.Salley,Erq. S Theme aaiay�Nehron,Esq. 8 Hatt&Batley 8761 13roclgoa Avenue - 9 Riverside,CA 92MG ! 10 L%L(BY MAIL)In a aerled envelope addressed as sal krtat above. I Pro•readiry famlNar with the (! 11 firms practice of Colfee fon and proeenelno aonvsponderxoo for marling. tktder that Practice h wrruW be depaatted wah U,S,postal servicx on that name dtarwah postage ilterecn fttily prepared . 12 at FOrn Springs,Caf'domea In the ofd(nerti aurae d[tluslnass. 1 ant awafe that on motion of ate Party served,servlea is preslcned invalid if postal caneeDation date or Postage meter date is more 13 than one day alter date of dopoa for mafifng in aakiavir 14 L I(BY PERSONAL SF72VIOE)I r used such anvelope to hn deGverad by hand to the addressee. .15 L ](BY FACSIMILE V RVICE)The above mentioned donumont(s)wa0were transmitled by j facsimile fanamlasion and the tranamission was reported as complete and wahoul error. 17 (STATE)I"are underponafty of penury under the lawn of the State of iarffomia that the above 18 In true and conact. t8 Ewaadad on AupuSt 1999,a(palm Sprint&,Cetlfamia. 20 21 zz rrna WektVaub 23 ;. 24 26 213 27 2s IIIIII IIIIIII IIII IIIII IIII IIIII IIIIIII III IIIIIII II IIII ����a z5as�'a 55aeR