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HomeMy WebLinkAbout05746 - PALM SPRINGS FREEWAY DEVELOPMENT LLC ACQUISITION OF R/W DOC # 2013-0119560 03/12/2013 11:47A Fee:NC Page 1 of 16 RECORDING REQUESTED BY Recorded in Official Records Attn: James Thompson county of Riverside City Clerk Larry W. Ward CITY OF PALM SPRINGS Assessor, County Clerk & Recorder 3200 E.Tahquitz Canyon Palm Springs, CA 9262 Way 1111111111111 IN 111111111111111111111111111111111111111 FREE RECORDING S R U PAGE I SIZE I DA I MISC LONG RFD I COPY This instrument is for the benefit of the CITY OF PALM SPRINGS,and is ILI entitled to be recorded without fee. M L 465 1 426 1 PCOR NCOR S NCHG EXAM (Govt.Code 6103) 5(�j L T: CTY UNI SS:ra/011613/001 PG/15.627 - (Space above this line reserved for Recorder's use) S18 PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-20 APN: 666-330-058 and 666-330-043 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, CITY OF PALM SPRINGS, a municipal corporation, ("Grantor" herein), Does hereby remise, release and forever quitclaim to PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantee" herein), all right, title, and interest Grantor has in the real property located in Riverside County, California, described in the Temporary Construction Easement Deed recorded on 03/20/2009 as Document#2009-0136293, records of said County attached here to and made a pare hereto. (� S PROJECT: 1/10 — Indian Avenue Interchange PARCEL: Gf-20 APN: �t666-330-058 and�6�616-330-043 Dated: CITY OF PALM SPRINGS, a municipal corporation By:•z_�c� David H. Ready, City r AP MOVED AS TO FORM�� ATTEST: �- _ (( ��'' " I &14 H , Gty Ato:+;ey v �ames Thompson, City Clerk Date Jh 3 APPROVED BY CITY COUNCIL State of California ) ) ss County of ) On before me, a Notary Public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [SEAL] 111111111111111111111 III 1111111111111 OV12 eai 21P013 311 6647R ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On March 6, 2013, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 6t' day of March, 2013: ;OF?ALM s. iy c Y N �emm`a4 C'O<I FO Vt Signature: AMES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5746 Document Date: March 6, 2013 111111111111111111111111111111111 IIIII IIIII IIII IIII ear 0130 f116 ASSESSOR'S PARCEL NO. 666-330-043 &666-330-058 Exhibit"A" PARCEL CI-20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 4; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of--Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20'VC 75.396 meters to the Southwest corner of said Parcel 4; thence (2) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 4 N.13'51'40"E., 3.000 meters,- thence (3) leaving said Westerly line S.76008'20"E., 74.654 meters to a point in the Easterly line of said Parcel 4; thence (4) along said Easterly line S.00001'33"E., 3.090 meters to the POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Page 1 of 2 ������IIIIIII IN 111111111111111111111 III 1111111111111 40 f'3 6 R Area = 225.075 sq. meters, 0.0225 hectares �Q ANC SUS A.Hq`��GFo Mic ael A. Havener, PLS 7354 Date TT No.ram Q Exp. 12-31-07 CA Page 2 of 2 IIII II III II II IIII I 11111111111111 IIII III III ea2015a f 1650 F I-A EXHIBIT „ B » POD AND (CS MAP 04�- Y� * EXP. 31 /DEC 07 �r9 N0. 735a OF CA0F0 PAJI 1�211 r� APN 666-330-058 APN 666-330-043 n r pr' 1ri J r 62118eR PM E 2,3 _ E o CI-20 to r PM 16Fp PfR 1 S 76-o820-2/18_23 LOT E•p�N j f 74.654 M 162/18 6T)8 W m P.O.B. P /� 23 V C 75 96 fi S.E. COR. vE µE E 18.288 ���C q PAR. 4 REC. APQ UG21 9� PC 957/509 LOT D. PER M ,2h8 23 LEGEND O.R. TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 225.1 SO. METERS (0.0225 HECTARES) P.O.B. POINT OF BEGINNING TABULATED LK DATA UNEI BEARING I LENGTH E CI CITY OF PALM SPRINGS PAR. NO. L1 N 13'51'4T E 1 3.000 m L2 S 00'01'33" E 1 3.090 m R/W RIGHT-OF-WAY DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. No. : CI-20 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 0.99997406 TO OBTAIN GROUND LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/12GO. DATE: 11-16-07 SHEET 1 OF t SHEET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 201 119560 0 R £ 3 16 6 f DOC = 0009-0136293 03/20/2009 RECORDING REQUESTED BY Stewart Title F Customer Cop Label The paper to which t is label is affixed has not been compared WHEN RECORDED RETURN TO: with the recorded document Attn: James Thompson City Clerk Larry W Ward County o Riverside CITY OF PALM SPRINGS Assessor, County Clerk 8 Recorder 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code§6103 12.165\090808\001 PG\COjw (Space above this line reserved for Recorder's use) PROJECT: 1/10—Indian Avenue Interchange PARCEL: CI-20 APN(s): 666-330-058 and 666-330-043 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Numbers 666-330-058 and 666-330-043, referenced as Parcel CI-20 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subiect to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately two thousand four hundred twenty three (2,423) square feet referenced as Parcel CI-20 and described on Exhibits "A" and "B" attached hereto and made a part hereof. 2. The rights granted herein may be exercised for twenty four (24) months commencing on the date that the thirty (30) day written notice by City is delivered to Grantor in accord to the notice provision herein, and concludes at the end of four months of the grant of the easement, or the conclusion of the project, whichever shall be later. i IIIIII IIIIIII IIII IIII IIIIII IIIII IIIIII III IIIII IIII IIII 03 dOt 20u£3 119 fl 6 3. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 9. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: PALM SPRINGS FREEWAY DEVELOPMENT PO Box 5441 San Bernardino, California 92412 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 2 IIIIII IIIIIII IIII IIII IIIIII IIIII IIIIII III IIIII IIII IIII 03,211 80of15 47R E-mail address: Marcus.Fuller@palmsprings-ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 10. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated &vemsu 14, Z>QB , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 3 III 1 II 1111 IN 11111111 II 11111111111111111lII 0190 of 166e F 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. GRANTOR: Dated: �OV` ^� l'� , � PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: Jack D. Vgn er oude Chairman Man CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUNCIL David H. Ready, City Wa er ATTEST: game!—s Thompson, City Clerk APPROVED AS TO FORM: WOODfhkFF, SPRADLIN & SMART By: d izn D FfolldRd, Es ., City Attorney 4 IIIIII IIIIIII IIII IIII IIIIII illll IIIIII III IIIIII III IIII es 2013--©1 f 16 607H ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OFOn before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personA whose name( isyare subscribed to the within instrument and acknowledged tom'p, that ie/she/they executed the same in his/her/their authorized capacity), and that b his/her/their signatureA on the instrument the person or the entity upon behalf of which the person(4 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. y]�++�KItTfE L OE11116 WITNESS my ha" o icial seal. 7 Cann ww*1NV6T e�w�w Gwb Signatuf CW= M 1Z My Commission Expires: This area for official notarial seal IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII HIM IIIIIII 031�2rre©e£ e 1147A OF PALM SA A. - 1p'� City of Palm Springs * * Office of the City Clerk °`roxnieo`" 3200 E.Tahquirz Canyon Way • Palm Springs, California 92262 �"921 FO RN Tel: (760)323-5204 • Fax: (760) 322-5332 • Web: www.pal nsprings-ca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666-330-058 AND 666-330-043 dated: November 14, 2008 from, PALM SPRINGS FREEWAY DEVELOPMENT, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 5th day of January, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 14th day of January, 2009. es Thompson ity Clerk (seal) 201 111111 III 111111 III 1111 e : 1 01 f 16R F Post Office Box 2743 0 Palm Springs, California 92263-2743 ASSESSOR'S PARCEL NO. 666-330-043 & 666-330-058 Exhibit "A" PARCEL CI-20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 4; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20"W., 75.396 meters to the Southwest comer of said Parcel 4; thence (2) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 4 NA 3051'40"E., 3.000 meters; thence (3) leaving said Westerly line S.76008'20"E., 74.654 meters to a point in the Easterly line of said Parcel 4; thence (4) along said Easterly line S.00001'33"E., 3.090 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on -rHfc LAsr 04Y or- re& 2yrH /I.N�N Feksux.vc ^rHC bz�:w6 GF rvz-zcc or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1963, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Page 1 of 2 IIIIIIIIIIIIIIII IIIIIIIIII IIIII IIIIII III IIIIIIIII IN032A113 f111647F Area = 225.075'sq. meters, 0.0225 hectares SAND SU A. H4����Fo 1vsuo� Michael A. Havener, PLS 7354 Date sT No.7354 Exp. 12-31-07 9lFOF CA�F�� Page 2 of 2 111111111111111 III III 11111111111 Hill II 11111 III III © ,lei 01{15647A E X H I B I T " B �� `ANp S� . ' Gc�,[��PF.L A Nq RL�� v � GCS tiSgc 04� EXP. 31 DEC7 * tr C L�T4 No. 735k Tf OF CAS\F0� m APN 666-330-059 APN 666-330-043 p r' 1 /� r lri J r� j r r' 1fr'l� 4 p r' f r' 1ri• J 6Z/18-. PJy F 23 F Cf-20 � o MT `F' P l ` S 76b 2Q' P 162 78_23 COT •e.�� 8 E 74.654 N PM 162/J8 3 G 76b8 Qc 7� m J P.O.B. ��' `C 7� 5A396'� S.E. COR. ^ h E 1g.288 A m _ PAR. 4PER v REC. "U�2128 po/508 `��NLIF COT D. PER P� 6J 2/18 LEGEND 957 O.R. 23 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 225.1 SQ. METERS (0.0225 HECTARES) P.O.B. POINT OF BEGINNING TABULATED LINE DATA LINE BEARING LENGTH & CI CITY OF PALM SPRINGS PAR. NO. Lt N 13'51'40- E 3.000 m L2 S 00'01'33° E 3.090 m R/W RIGHT-OF-WAY DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-20 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 0.99997406 TO OBTAIN GROUND LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF 1 SHEET II I II I II III III III I IIII I III II IIIIII III III e„ �l l l£3 16 4 R O�SY OF Ri✓ERS, , er LARRY W. WARD Record B x 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 www.riversideacr.com COIiMlV t1.�• CERTIFICATION Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page number(s) and wording below): �k s Date: Signature: Print Name: �• �Zl? — ACR 601 P-AS4RE0(Rev.09/2005) Available in Alternate Forman 6 'l 2� 0 3����© Fi �.I1::1'" DOC # 2009-0136293 `f.,' 03/20/20ge 0908:009 Fee:NC s' 1 I of Recorded an official Records ' County of Riverside RECORDING REQUESTED BY Larry W. Ward Stewan.Title I �Isslllllll �II CountyAll I�I I IIII Relll�der ll WHEN RECORDED RETURN TO: IAI Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahgwtz Canyon Way Palm Springs, CA 92262 a R UPAGE DA MISC LONG RFD COPYExempt from recording charges , under Government Code§6103 M A PCOR NCOR SMF, NcC/ CG �jEXAMi 12.165\090808\001PG\COIw 1 �/.tV PROJECT: 1/10— Indian Avenue Interchange ��� /J} PARCEL: CI-20 rS Y APN(s): 656-330-058 and 666-330-043 J1� TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Numbers 666-330-058 and 666-330-043, referenced as Parcel CI-20 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subject to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"). 1. The temporary construction easement, used during construction of the project consists of approximately two thousand four hundred twenty three (2,423) square feet referenced as Parcel CI-20 and described on Exhibits "A" and "B" attached hereto and made a part hereof. 2. The rights granted herein may be exercised for twenty four (24) months commencing on the date that the thirty (30) day written notice by City is delivered to Grantor in accord to the notice provision herein, and concludes at the end of four months of the grant of the easement, or the conclusion of the project, whichever shall be later- 1 3. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 9. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: PALM SPRINGS FREEWAY DEVELOPMENT PO Box 5441 San Bernardino, California 92412 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org With: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 II 2 IIIIII IIIIIII IIII IIIII�II IIIIIII�I�II 2 e9 aeai seIIIIIIIIIII s E-mail address' Marcus.Fuller@palmsprings-ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 10. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated Nnv4 mainz lye Z_,, , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. II 3 III IIIIIIIIIIIII III IIIIII II II�� II earee01 of19e9eeR 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost- GRANTOR: Dated. �Oy��N fy�+y I `` LZc� PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: Jack D- Va er oude Chairman Man CITY OF PALM SPRINGS, a municipal corporation APHOVEO 5Y Cl''(COIJl`XlL EL David H. Ready, City er ATTEST: 5;a'me!fs Thompson, City Glerk APPROVED AS TO FORM: WOOD FF, SPRADLIN & SMART By: i D uglasFfoll Es -, City Attorney 4 IIIII IIIIIII IIII III �� I I II III III I I ICI 03 20/2009�08900A 4 oP9 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) r. ) ss. COUNTY OF �•,sA i,-�)On r:iiVL_t Y,7cx-s , before me, �Y 1-� E- �C..C-.r ` Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name( Is6are subscribed to the within instrument and acknowledged to me- that Qielshelthey executed the same in (SWher(their authorized capacity), and that by�his/her/their signature,(-s`) on the instrument the person; or the entity upon behalf of which the person�4acted, 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- KATIE t-ItUIRS WITNESS my ha -aMl official seal- IL No"POONO-GIMOMI . } � San awnr4m COWY Signatuf _ �i_� �� • I c G .. '.� comma es Jun ii tP My Commission Expires: cz This area for official notarial seal IIIIIII IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN ea" 5o£s 9a9coa F PALM s O � I�JPiy " - City of Palm Springs * Office of die City Clerk H °qoen*c ` 3200 E.ZL11qu1re Canyon\Uoy • Palm Springs, California 92262 C-111F0 R�\P Tel• (760) 323-5204 • &. . (760) 3?2-a332 • Web: www.palmsprings-tu.�ov CERTIFICATE OF ACCEPTANCE. THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666-330-058 AND 666-330-043 dated: November 14, 2008 from, PALM SPRINGS FREEWAY DEVELOPMENT, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 5rh day of January, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 141h day of January, 2009. �a'es Thompson ity Clerk (seal) tt IIII II II�III�IIIIII IIII IIIIIA II 11 II IIII II I III I� °2....6 oe a en Post Office Box 2743 • Palm Sptings, California 92263-27,16 ASSESSOR'S PARCEL NO. 666-330-043 & 666-330-058 Exhibit"A" PARCEL CI-20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 4; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20"W., 75.396 meters to the Southwest corner of said Parcel 4; thence (2) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 4 NA3'61'40"E_, 3.000 meters; thence (3) leaving said Westerly line S.76008'20"E., 74.654 meters to a point in the Easterly line of said Parcel 4; thence (4) along said Easterly line S.00001'33"E., 3.090 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on T Hk cos; OAY o,- os"17r4 Pb L4Jt NC THt cxus�L &'�- 2Va YcGR or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200, Page 1 of 2 IIIIII IIIIIII IIII II III I�NI�III IIII III IIIII IIII IIII fl /E£�2) 9£?90R Area = 225.075 sq. meters, 0.0725 hectares LAND SG A. Hq��Lr� Michtael A. Havener, PL5 7354 Date 0 No.7354 a� Exp. 12-31-07 FDF CA��� Page 2 of 2 II II II IIII IIII III I III 11111111111111111111 Il11111 9' 8�1£889°0R LANp EXHIBIT (Cg SAP 70,!� 41483, ,r� * EXP. 31 DEC 07 OF CAIY APN 666-330-05B APN 666-330-043 Fr�rri J r^� r 162/18_2,3 R AM E o i yn` CI-20 C07- r" P ~ 7 AM 16211E 23 COT E"p JI ry 6 p13'20� w 4 654 7 PM i62I18 23 G 76proa2Q. W m PA.6. 18.28 � 'yn�-gym �..r PAR. 4 h �3 � lz REC. B�C21290 pC/W 4 f ~NU LOT �. a PER pM 16 LEGEND 6' 1957 R9 2/18_23—� ~ TEMPORARY CONSTRUCTION EASEMENT (TCE) L�^J AREA = 225.1 SQ. METERS (0.0225 HECTARES) P.O.B. POINT OF BEGINNING TABULATED LINE DATA LINE BEARING I LENGTH CI CITY OF PALM SPRINGS PAR. N0, L1 N 13'51'40" E 3.000 m a R/W RIGHT—OF—WAY S 00'01'33" E 1 3.090 m DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N0. : CI-20 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED AY: KA/MH LEVEL DISTANCES, TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, OATS, 11-16-07 SHEET 1 OF I SHEET IIIIII IIIIII IIII IIIIII III IIIIII IIII II IIIII IIII INa aoA 9 of 9sSeew i i I CITY OF PALM SPRINGS I OFFER TO RENT PROJECT; 1190—Indian Avenue Interchange PARCEL; CI-20 APN(S): 666-330-058&666-330-047 OWNER: PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY i The CITY OF PALM SPRINGS hereby makes you an offer of Five Thousand Eight Hundred Twenty Dollars ($5,820) as the rental price for a portion of the land known as Assessor's Parcel Numbers 666-330-058 and 666-330-047, identified as Parcel CI-20. You are not required to vacate your property until payment of the rental price has been made available to you_ Your signature on the Offer to Rent is strictly for the purpose of verification that such an 1 offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO RENT, BUT MERELY AN OFFER TO RENT FOR THE AMOUNT INDICATED ABOVE, f WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROVAL. f Dated: 1 / g� f� ❑avid H. Read nager / I Received a copy of the above offer this 2 Z day of skc'rEn+ R _ 20C 6' By: Ck . Vander Woude C i an Manager Co_)w 09106108 001PG APPROVE QYCITYCOUNCIL ni�Aenrl r45 merry 72.tsS �����.1�'I I /-3y C�ii`y /�riCF'✓t%t`S/ f I i Previously mailed to you was a copy of"Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", E STATEMENT OF OWNERS i I/WefThey have been informed of mylour/their rights under Public Law 91-646 and State Statutes. (Initials) I I/We/They have read and understand the I Statement of Just Compensation. (Initials) There are persons living on the property. Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property(including owner if in occupancy): Give name and address. N Signatures on this form do not constitute agreement on value, but only serve to Indicate receipt of the form. Signature by owners) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for kE relocation planning. 1 t I Dated: B i David H. Ready onager / Received a copy of the above offer this day of• _�rtw Sin Z�25 Jac nder Woude, Ghairm onager CO:jw l��P2CVEr� in �F 09/08/08 D07P0 92.168 APPROVED BY CITY COUNCIL as !D•N. I i i I other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cast. f GRANTOR: Dated: PALM SPRINGS FREEWAY DEVELOPMENT, i LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Jack D. tr oude Chairman CITY OF PALM SPRINGS, a municipal corporation 4PPKVED BY CITY COUNCIL David H. Ready, City er ATTEST: By: /Jdmes Thompson, City Clerk UAp�P E. AS TO FORM: YFF, DLIN& S RT ByC - d, Es , City Attorney 7 I 1 15. City warrants that access to the property shall not be impeded. 2 I Dated: 2'2- 12008 3 4 By: f Jack D, der Woyde i 5 Chairman ager i. I 6 j 7 CITY OF PALM SPRINGS, a municipal corporation APPROVED BY Ci i f COUNCIL Sy David H. Ready, Gity�f r 10 zx ATTEST: 12 By: 13 mes Thompson, City Clerk 19 .15 APPR D AS TO FORM: WOQDRU , SPRAD_LIN 16 � 17 By: d uglas C. Iland Esq.,Ci Attorney CO:jw 09108/0816 001PG T2.TB5 19 24 21 22 23 2.1 25 4 STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the City Council of the City of Palm Springs (Authority), the City of Palm Springs (Buyer) is in the process of acquiring private property necessary for public use. We are prepared to purchase your property with title being subject only to any existing easements or restrictions of record. In Compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title I of the Government Code, an estimate of just compensation in the amount of Five Thousand Eight Hundred Twenty Dollars ($5,820) has been made for the interest to be acquired in your property (see "Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. The appraisal takes into consideration the location of your property, its highest and best use, and current sales of properties similar to your property. DEFINITION OF FAIR MARKET VALUE The definition of fair market value as it applies herein is contained in Section 1263.320 of the Code of Civil Procedure of California, which is quoted in part as follows: "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by the seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the properly is reasonably adaptable and available." 1 Just Compensation includes amounts for the land, improvements, severance damage if any, and other elements as follows: LAND $0 IMPROVEMENTS $0 DAMAGE TO THE REMAINDER $0 TEMPORARY CONSTRUCTION EASEMENT $5,820 OTHER $0 TOTAL $5,820 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL DESCRIPTION: A Temporary Construction Easement, commencing with thirty (30) days notice as specified in the Temporary Construction Easement Agreement and continuing for a period of twenty four (24) months, or until the completion of the 1-90/Indian Avenue Interchange Project, whichever shall be sooner. EXHIBIT "A" (Legal Description) 2 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 STATEMENT OF OWNER(S) INVe/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) INVe/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No 54 There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. N JIL Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation)planning. Illfff Dated: 1' ' S By: c �� David H. Ready, anager Received a copy of the above offer this --.22-- day of 3an -�-0325 *rma Woude, er APPROVED BY CITY COUNCIL k� ,Jq GOjw � �K 09/08/08 k � 001 PG 12,165 3 ASSESSOR'S PARCEL NO. 666-330-043 & 666-330-058 Exhibit"A" PARCEL CI-20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 4; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20'W., 75.396 meters to the Southwest corner of said Parcel 4; thence (2) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 4 N.13651'40"E., 3.000 meters; thence (3) leaving said Westerly line S.76°08'20"E., 74.654 meters to a point in the Easterly line of said Parcel 4; thence (4) along said Easterly line S.00001'33"E., 3.090 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Page 1 of 2 Area = 225.075 sq_ meters, 0.0225 hectares pLpND SU �5�PE4 A. Mlc ael A. Havener, PLS 7354 Date N> No.7354 Q Exp. 12-31-07 qTF OF cAVF��� Page 2 of 2 EXHIBIT " B " SEDGANbSU�L J ry (CS'1'�AP 20414 J r� 8 �� EXP. 31 DEC 07 3) * T9T A'0, 73Sk £ OF CA0F� ljF2y-jB 23 APN 666-330-058 APN 666-330-043 prJ r) r J 1Jr,1-'1� J 76R218ER pM 2d n 6 a j CI-20 o AM S 78 p 162 18_23. Lop -E. � 8.20' E PM 16118-23 V RN � 7�54 m P,O.B. A /Y 75.- rf? �— S-E. COR. Z EF 18•288 A 1/r- / , -� _ PAR. 4 PER REC. AUG.- 21 90 pG/SD9� � ,�'CC�v� LOp b. PER 8 pM 162 LEGEND 1957 0.� /18_23 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 225.1 SQ. METERS (0.0225 HECTARES) P.O.B. POINT OF BEGINNING TABULATED LINE DATA LINE BEARING I LENGTH CI CITY OF PALM SPRINGS PAR, NO. L1 N 13'51'40' E 1 3.000 m L2 S 00'01'33' E 3.090 m R/W RIGHT-OF--WAY h DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-20 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF I SHEET CITY OF PALM SPRINGS 2 (Herein referred to as "City"), and 3 PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 4 (Herein referred to as "Grantor") s PROJECT: 1-10 / Indian Ave Interchange s PARCEL: CI-20 APN(s). 666-330-053 & 666-330-043 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT s 1. The right is hereby granted City to enter upon and use the land of Grantor in 9 the City of Palm Springs, County of Riverside, State of California, described as Assessor's Parcel Numbers 666-330-058 and 666-330-043, depicted on the plat map attached hereto, 10 and made a part hereof, for all purposes necessary to facilitate and accomplish the construction and installation of Indian Avenue and 1-10 interchange. 1], 2. The temporary construction easement, used during construction of the project 12 consists of approximately two thousand four hundred twenty three (2,423) square feet as designated on the attached legal description, referenced as Exhibit "A", and plat map, 13 referencee as Exhibit "B" 24 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted The rights herein granted may be exercised for twenty four(24) months from ]5 the thirty (30) day written notice, or until completion of said project, whichever shall be sooner. 16 4. It is understood that the City may enter upon Grantor's property where appropriate or designated for the purpose of getting equipment to and from the easement 17 area. City agrees not to damage Grantor's property in the process of performing such activities. 18 5. The right to enter upon and use Granter's land includes the right to remove and i9 dispose of real and personal property located thereon. 20 6. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will 21 be graded and left in a neat condition. 22 7. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. 23 8. Grantor hereby warrants that they are the owners of the property described 24 above and that they have the right to grant City permission to enter upon and use the land. 29 9. This agreement is the result of negotiations between the parties hereto. This 1 i agreement is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions 2 thereof. 3 10. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 4 11, This agreement supersedes any and all other prior agreements or 5 understandings, oral or written, in connection therewith. 5 12. Grantor, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly 7 and severally liable thereunder. s 13. City agrees to pay Grantor for the right to enter upon and use Grantor's land in accordance with the terms hereof. 9 14, City shall pay to the order of Grantor the sum of Five Thousand Eight Hundred yc Twenty Dollars ($5,820) for the right to enter upon and use Grantor's land in accordance with the terms hereof. 12 13 14 15 16 17 18 19 20 21 22 23 2-1 25 2 1 15. City warrants that access to the property shall not be impeded. 2 3 Dated. NaYkn r3e. 2008 4 By.- 5 Jack D. �er Woude Chairman M nager 6 7 e CITY OF PALM SPRINGS, a municipal corporation 5 By APPROVED BY CITYCOUlICiL 10 David H. Ready, City ATTEST: 12 13 By- es Thompson, City Clerk 14- 15 APPROVED AS TO FORM; 16 WOODRUF PRADLIN & SMART 17 By. y�/ r 18 Doug s C. Holland, Esq-, City Attorney CO:jw 0 9/0 810 8 001 PG 19 12.165 20 21 22 23 24 25 3 ASSESSOR'S PARCEL NO. 666-330-043 & 666-330-058 Exhibit"A" PARCEL CI-20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 4; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20"W., 75.396 meters to the Southwest corner of said Parcel 4; thence (2) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 4 N.13°51'40"E., 3.000 meters; therice (3) leaving said Westerly line 5.76008'20"E_, 74.654 meters to a point in the Easterly line of said Parcel 4; thence (4) along said Easterly line S.00001'33"E_, 3.090 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first, It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1963, Zone 6. To convert meters to the U.S Survey Foot, multiply distances by 3937/1200_ Page 1 of 2 Area = 225.075 sq. meters, 0.0225 hectsires �Q GAND Mic ael A. Havener, PL5 7354 Date n� No.7854 a: Exp 12-31-07 Page 2 of 2 EXHIBIT " B " A. In r- (CS MAP 2o4J rr, �IV ry � EXP. 31 DEC 07 Y LP-TE cF cAtb I NI APN 666-330-058 APN 666-33D-D43 if r r' 1i i� J 62/18e2 M n _ i� h o CI-20 car " �' P S 7a 20^ PM 182/1 23 �or .e, N b8� E 74.6g4 m 182/T 8-23 G/q p 20 w tP.D.B. 1 N�71 2 JS 9B m S.E. COR. EF PAR. 4ps? ` RE $K' 2129 rl p�/W �U� Lop 'D' PER pM o LEGEND C A(/G. 6, ro57 pR T62/18_23 ` TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 225.1 SO. METERS (0.0225 HECTARES) P.O.B. POINT OF BEGINNING TABULATED LINE DATA LINE BEARING LENGTH CI CITY OF PALM SPRINGS PAR. NO. L1 N 13'51 40" E 3.000 m a L2 S 00-01'33" E 3.090 m R/W RIGHT-DF-WAY DISTANCES ARE IN METERS UNLESS CITY 4F PALM SPRINGS PAR. N0. : CI-20 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED 6Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE! 11-16--07 SHEET 1 OF 1 SHEET i I I I CITY OF PALM SPRINGS OFFER TO RENT PROJECT: 1/10--Indian Avenue Interchange PARCEL: CI-20 APN(S): 666-330-058&666-330-043 OWNER: PALM SPRINGS FREEWAY DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY I The CITY OF PALM SPRINGS hereby makes you an offer of Five Thousand Eight f Hundred Twenty Dollars ($5,820) as the rental price for a portion of the land known as k Assessor's Parcel Numbers 666-330-056 and 666-330-043 identified as Parcel CI-20. You are not required to vacate your property until payment of the rental price has been made available to you. f Your signature an the Offer to Rent is strictly for the purpose of venfication that such an offer has been made, The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO RENT, BUT MERELY AN I OFFER TO RENT FOR THE AMOUNT INDICATED ABOVE, j WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROVAL. I Dated: David H. Ready. ' nager T III Received a copy of the above offer this 2 day of S��P�c r� 200 By: ck , VanderWoude C im an Manager f` Co:jw [` oofoalo8 I 001PG APPROVEpBYCiT1'COl1NCIL 12.165 /_'1 C.'/% �licF2/L•Ft/ I I i E i 1 Previously mailed to you was a copy of"information Brochure Regarding Your Rights under the E Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". f STATEMENT OF OWNERS) i Me(fhey have been informed of my/oudtheir rights under Public Law 91-646 and State Statutes. (Initials) G I/We/Tney have read and understand the Statement of Just Compensation. (Initials) i There are persons living on the property. Yes No There are businesses being conducted on the property by others, Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. N /r\ I Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owners) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. €`f Dated: David H. Ready anger Received a copy of the above offer this day of— rt_Hr3an �cn� . Jac rider Woude, Chairm anager GO:jw �P6'2CVE] �: id !'s�.QrY7 09/08/08 12165 APPROVED BY CITY COUNCIL �R�' 3 I ' other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. f �fff GRANTOR: Dated; '_2 h c7cvt �L "2y7[35 PALM SPRINGS FREEWAY DEVELOPMENT, UC, A CALIFORNIA LIMITED LIABILITY COMPANY ! By; ��h1 Jack D. nd r Woude Ghairman n ger t I CITY OF PALM SPRINGS, a municipal corporation � � 4PPP,D\IED By CITY COUNCIL David H. Ready, Hy g r � 1LL?�A- ATTEST: By: Imes Thompson, City Clerk AP VED AS TO FARM: yVOODR FF, SP DLIN& 5 RT d ouglas oll d, Es , City Attorney 7 I 1 15. City warrants that access to the property shall not be impeded. z I Dated: L�i!'7- . 2008 3 I a By: I Jack D, der Woude } 5 Chairman ager E {F 7 � . CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUNCIL 9 6y. �.y David H. Ready, City�Jf r 10 it ATTEST. 12 By: 4 13 mes Thompson, City Clerk 1fl 15 AP PR D AS To FORM: =I) , S :!ADLIN 16 j 17 BY: gauglas C. H (land Esq-, Ci Attorney CO:iw 16 09/08/08 001PG 12.165 19 20 21 22 23 24 25 4 STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the City Council of the City of Palm Springs (Authority), the City of Palm Springs (Buyer) is in the process of acquiring private properly necessary for public use. We are prepared to purchase your property with title being subject only to any existing easements or restrictions of record. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title I of the Government Code, an estimate of just compensation in the amount of Five Thousand Eight Hundred Twenty Dollars ($5,820) has been made for the interest to be acquired in your property (see "Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. The appraisal takes into consideration the location of your property, its highest and best use, and current sales of properties similar to your property. DEFINITION OF FAIR MARKET VALUE The definition of fair market value as it applies herein is contained in Section 1263.320 of the Code of Civil Procedure of California, which is quoted in part as follows: "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by the seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." 1 Just Compensation includes amounts for the land, improvements, severance damage if any, and other elements as follows: LAND $0 IMPROVEMENTS $0 DAMAGE TO THE REMAINDER $0 TEMPORARY CONSTRUCTION EASEMENT $5,820 OTHER $0 TOTAL $5,820 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL DESCRIPTION: A Temporary Construction Easement, commencing with thirty (30) days notice as specified in the Temporary Construction Easement Agreement and continuing for a period of twenty four (24) months, or until the completion of the I-10/Indi2n Avenue Interchange Project, whichever shall be sooner. EXHIBIT "A" (Legal Description) 2 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) I/We/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) INVelThey have read and understand the Statement of Just Compensation. I (Initials) There are persons living on the property. Yes No }� There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. N 7 zr� Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: By: c �� David H. Ready, anager Received a copy of the above offer this day of B Jack-D, nder Woude, Chairrn anager APPROVED BY CITY COUNCIL. co0W In1�•o� p �,� 09/08lOS Oo1 PG 12.165 3 ASSESSOR'S PARCEL NO. 666-330-043 & 666-330-058 Exhibit"A" PARCEL CI-20 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 4; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20'W., 75.396 meters to the Southwest corner of said Parcel 4; thence (2) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 4 N.13051'40"E., 3.000 meters; thence (3) leaving said Westerly line 5.76008'20"E., 74.654 meters to a point in the Easterly line of said Parcel 4; thence (4) along said Easterly line 5.00°01'33"E., 3.090 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on U�fAQiPS� or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Page 1 of 2 Area = 225.075 sq- meters, 0.0225 hectares �0`AN p SUj Z�' PEA N.kA/ GF chi �� Fy Mic ae�l I A. Havener, PLS 7354 pate L, No•7a5a Exp. 12-31-07 OF CAG\F�j� Page 2 of 2 EXHIBIT " B " 5� 4 A b Nyq`RLF� 2p4 48) JJ * EXP. 31 DEC 07 �T'9T NO 7-6 Q�1� F OE' CAL%FO e PM 18211 B-23 � APN 666-330-058 APN 666-330-043 r r) ` r r1f�"i., 4 r �r rig :J /W PZR pAf ! 23 E ' LOT 2 P o S 76 PM T 62/18 2 J LOT g �/N��8` E 74.8$4 m M 2118_23 C, 20` w P.O.B. RNtr 75.Jy6 m S.E. COR. 1 1_ 18.288 A --~ _ PAR. 4 fi REC. "K 21.9o95G/8p9 � N(If for b" PER M 16z/18 0 `M LEGEND 7 O.R 2J� TEMPORARY CONSTRUCTION EASEMENT (TCE) _ AREA = 225.1 SQ. METERS (0.0225 HECTARES) P.O.B. POINT OF BEGINNING TABULATED UNE DATA LINE BEARING LENGTH CI CITY OF PALM SPRINGS PAR. NO. L7 N 13'51'40" E 3.000 m d 12 S 00'01-33" E 3.090 m R/W RIGHT-OF-WAY f DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-20 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-1O/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE: 11-16-07 SHEET 1 OF 1 SHEE7