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HomeMy WebLinkAbout05752 - ALLEN E HOM OFFER TO RENT PORTION OF APN 666-330-050 DOC # 2013-0119026 03/12/2013 09:19A Fee:NC Page I of 15 RECORDING REQUESTED BY Recorded in Official Records Attn: JaCITY OFmes Thompson County of Riverside City Clerk Larry W. Ward PAL Assessor, County Clerk & Recorder 3200 E.TahsMtz Way Palm Springs,CA 92262 1111111111111111111111111111111111111111111111111111111 92262 FREE RECORDING S R I U I PAGE I SIZE I DA I MISC I LONG RFD CO This instrument is for the benefit of 1 I� the CITY OF PALM SPRINGS,and is entitled to be recorded without fee. M A L 1 ass 1 426 1 PCOR NCOR SMF CHG Ex (Govt. Code 6103) ,^ \ ,_ ^ V T: CTY UNI SS:ra/011613/001 PG/15.622 (Space above this line reserved for Kecoroers urse `'tom PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-12 and CI-13 APN: 666-330-050 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 ALLEN E. HOM ("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 3/11/2009 as Document #2009-0116236, records of said County attached here to and made a pare hereto. GPS �Z13D3� PROJECT; 1/10 — Indian Avenue Interchange PARCEL: ! CI-12 and CI-13 APN: 666-330-050 Dated: CITY OF PALM SPRINGS, a municipal corporation �B j � David H. Ready, City ATTEST: n??ROVED AS TO FORM 9�Y Xi, R4ATn ames Thompson, City Clerk )ate _.aovi 3 —. APPROVED BY CITY COUNCIL 86 )�.365 Iol15log A5? St f California ) ) ss County of ) On before me, a rt Public in and for said County and St ersonally appeared who proved to me on the basis of satis ry evidence to be the perso whose name(s) is/are subscribed to the within instrument and nowledged tom at he/she/they executed the same in his/her/their authorized capacity(ies , nd the his/her/their signature(s) on the instrument the person(s), or the entity upon behal which the person(s) acted, executed the instrument. I certify under PENALTY OF P RY under the laws of t State of California that the foregoing paragraph is true correct. WITNESS my and official seal. Si ure [SEAL] 11111 III 1111 �e120ofl 15 eezEye ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On March 6, 2013, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 6th day of March, 2013: {O,,?ALMS. iy P V N `w.a...w.r Signature: MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5752 Document Date: March 6, 2013 �����IIIIIII IN 111111111111111111111111111111111111111 �3101391 15 10q��yF ASSESSOR'S PARCEL NO. 666-330-050 Exhibit"A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21051'39"W., 6.267 meters; thence (2) leaving said Westerly line N.68003'06"E., 5.155 meters; thence (3) 5.21057'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 8.68003'06"W., 5.165 meters to the TRUE POINT OF BEGINNING. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows; Page 1 of 2 11111111111111 III 1111 e,2©140£l 15 at� tsF BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 2e Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line N.68003'06"E., 20.637 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N.21057'31"W., 6.267 meters; thence (2) N.68003'06"E., 13.450 meters; thence (3) S.21°57'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line S.68003'06"W., 13.450 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937l1200. Area = 84.290 sq. meters, 0.0084 hectares LAND SG A. HqG 9GF ExF 12 31/6y� u+ O No.7354 O Q, Michael A. Havener, PLS 7354 Date F CALIF Exp. 12-31-07 Page 2 of 2 IIII IIII III III IIII I II IIII I IIII I III 03 12'S 01f1015 15:19A EXHIBIT " B " 1" i-17r'1, 2 (PAR, I 1—j\A 110J40) LEGEND PAR. CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SO. METERS (0.0032 HECTARES) C� R. OI-13 TEMPORARY CONSTRUC710N EASEMENT (TCE) AREA = 84.3 SQ. METERS (0.0084 HECTARES) T.P.O.B. POINT OF BEGINNING Pc)Pii, J 1/4 P.0.8. POINT OF BEGINNING J r rc, 5 R/W RIGHT-OF-WAY J, ri, 4 r, GT CITY OF PALM SPRINGS PAR. NO. il,-,J\fl, PA1r—i, 4 APN 666-330-050 (PA i, 2 PAA I10/0) s P,Ail, 162/16-AS' 06 CPA .�L r AFi, _ cl-13 T.P.O.B. P.0.8—�� �?63��^ � CI-13 N 68��` LAND SURL PM 5NE P v v4' A F�0 2i�6��8 P V EXP. 31 DEC 07 �fe ITN 10. 735k OF CA0 DISTANCES ARE IN METERS UNLESS CITY OF P" SPRINGS PAR. NO. : CI-12 & CI-13 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF 1 SHEET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ©31016©o1209 f 156dR l � DOC # 2009-01162�6 RECORDING REQUESTED BY 03/31/2009 Orange Coast Title Customer Cop�Y1 Labe WHEN RECORDED RETURN TO: The paper to which this label is affixed has not been compared Attn: James Thompson with the recorded document City Clerk Larri W Ward CITY OF PALM SPRINGS County o Riverside 3200 E.Tahquitz Canyon Way Assessor, County Clerk & Recorder Palm Springs, CA 92262 Exempt from recording charges under Government Code§6103 12.148\091608\001 PG\COiw (Space above this line reserved for Recorder's use)h PROJECT: 1/10 -Indian Avenue Interchange eA5 5a PARCELS: CI-12 and CI-13 APN: 666-330-050 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALLEN E. HOM ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the 'Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 666-330-050 referenced as Parcel CI-12 and CI-13 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 one thousand two hundred fifty five (1,255) square feet referenced as Parcel CIA and CIA 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 IIIIIIIII IIII IIIIIIIII II IIII III IIIII IIII IIII 03 201 ©fle5 PROJECT: 1/10-Indian Avenue Interchange PARCELS: CI-t2 and CI-13 APN: 666-330-050 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: Allen Hom 17221 Lido Lane Huntington Beach, California 92647 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 IIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII e3 2913-Q 3 09,19A PROJECT: 1/10—Indian Avenue Interchange PARCELS: CI-.12 and CI-13 APN: 666-330-050 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 Ncvgn¢F;t 21, Zv4 u , 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 ������IIIIIII III111111111111111111111111111111111111111110 99 flt 15 00�esR PROJECT: 1/10—Indian Avenue Interchange PARCELS: CI-12 and CI-13 APN: 666-330-050 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. d GRANTOR: Dated: �� �� ��U ALLEN E. HHOM By: Allen E. Hom AppROVED BY CITY COUNCIL CITY OF PALM SPRINGS, a municipal corporation / € By David H. Ready. City Au t OTT � tr y 'a ATTEST: By: mes Thompson, City Clerk APPROVED AS TO FORM: WOOD UFF, SPRADLINART �j yk` , 'Dougla C'. Ho"and, City Attorney 4 IIII 1111111 IN111111111111111111111111111111111 III @e 12.2011£N 15 9:1 yq PROJECT: 1/10—Indian Avenue Interchange PARCELS:' CIA and CI-13 APN: 666-330-050 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss COUNTY OF U�-WW Ce- ) Dp X � On 6"Mb� I1 ' efore me, J �f �/� Notary Public, personally appeared L,44 G k-(CW 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 n and official I. JAMESFORCE Comm, #1793527 z Signature z Notary Public -Caliton" p g t °. � mvExpue County M Comm.EK fires ��10,1QI2 My Commission Expires:ho( L tp i This area for official notarial seal I'll IIII III III III I I IIII II II I II 201? a£e 15 ©y ©i w , �F ?ALAI S h �� �P V � v City of Palm Springs Office of the City Clerk ' 4A �O°aoRn.co ` 3200 E.Tahqu itz Canyon Way • Palm Springs, California 92262 �qC i �sP Tel: (760)323-820ti - Fax: (760) 322-8332 - We6:www.palmsorm,,s-ca.gov FOR CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666-330-050 dated: November 21, 2008 from, ALLEN E. HOM 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 5th day of January, 2009. es Thompson ity Clerk (seal) IIIIII III1111111111111 IIIIII111111III1111 a3?et312 2 of0953F Post Office Box 2743 0 Palm Springs, California 92263-2743 ASSESSOR'S PARCEL NO. 666-330-050 Exhibit "A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Nap 20800, as shown by mapo on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly comer of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20"' Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21°51'39"W., 6.267 meters; thence (2) leaving said Westerly line 14.68003'06"E., 5.155 meters; thence (3) S.21°57'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line S.68003'06"W., 5.165 meters to the TRU E POINT OF BEGINNING. The above-described easement is temporary and shall expire on THj- L-As- DAY of 7-K6 Z'fr" THE Gsv2N6, of NGi-2CE 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. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows: Page 1 of 2 III II IIIIIII III III II IIII III I II II III III IIII 94 2W-0119026 of 18 9R BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way fine of 20th Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line N.68003'06"E., 20.637 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N.21°57'31"W., 6.267 meters; thence (2) N.68003'06"E., 13.450 meters; thence (3) S.21°57'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line S.68003'06M., 13.450 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on THE [.a.sT DRY of >y£ Z47N Moev7H Thee G LNG of Norte 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 3937/12D0. Area = 84.290 sq. meters, 0.0084 hectares ��LAND SG ExA.i2131/oj � Ln i No.7354 Q"'�'�' l irO�V-fivt^ii I I• /If '07 Michael A. Havener, PLS 7354 Date CA,UF� Exp. 12-31-07 Page 2 of 2 11111 III 111111 III 1111 ©11©ofas 5 EXHIBIT T ") B 1 r r� 1Tl � 1 r IVI 1 1 C 4 J) LEGEND PAR. CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SO. METEP,S (0.014032 HECTARES) PAR. CI-13 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = B4.3 SO. METERS (0.DO84 HECTARES) T.P.O.B. POINT OF BEGINNING F aIRL J F-� 1/4 P.O.B. POINT OF BEGINNING J r l J R/W RIGHT—OF—WAY T, 1 J rig 4 r, CI CITY OF PALM SPRINGS PAR NO. P r' RL 4 APN 666-330-050 ll�r' 1Jr'i. 2 Pj\ll 110/0) cn a, P,\J\A� -15 2 1 a Ln �• E ti or �- m°� ✓, �� � o W fm ' CI-12 3 Ci-13 S. C!-1 P.0.8. 3 CI 13 v 206p'Sp6• E 3 € W VNE 6�g ^N be; LAND TGR`F� n°3 Q� cs M�F * EXP. 31 DEC 07 2 l rl 1� fr �r9r No. 735k OF, CAL\F° DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-12 & CI-13 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT ME1 RS PRO,F_CT: 1-10/INDIAN AVE INTERCHANGE SCALE: NOT TOIF TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEETSHEET IIII IIIII I III III IIII IIII IIII II II II I III 2J1 15 2eto£0©5 DOC # 2009-0116236 03/11/2009 08:00F1 Fee:NC page 1 of 9 Recorded in Official Records County of Riverside RECORDING REQUESTED BY Larry W. Ward Orange Coast Title Assessor, County Clcrk d Recorder AtH�NEJames°Thompson TO: IIIIII IIIIIII lit IIII fill 11111111111 III 111111111111 City Clerk GG` CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 S R U PAGE SIZE I OA MISC I LONG I RFb I COPY Exempt from recording charges Ex�rn under Government Code§6103 M A L 465 426 PCOR NCOR SMF NCH G Ll ( 12.1 4810 91 6 0 8\OO1PG\COjw V� PROJECT: 1/10— Indian Avenue Interchange PARCELS: CI-12 and CI-13 APN: 666-330-050 5� TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALLEN E. HOM ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 666-330-050 referenced as Parcel CI-12 and CI-13 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 one thousand two hundred fifty five (1,255) square feet referenced as Parcel CI-12 and CI-13 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. - PROJECT: 1/10— Indian Avenue Interchange PARCELS: CI-12 and CI-13 APN: 666-330-050 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: Allen Horn 17221 Lido Lane Huntington Beach, California 92647 If to o 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 I IIIIII IIIIIII IIII IIII IIIIII I�IIII IIIII III 11111 Jill 1111 0£l 9s'�aR PROJECT: 1/10—Indian Avenue Interchange PARCELS: CI-12 and CI-13 APN: 666-330-050 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 or- , 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 I IIIIIII IIII IIII IIIII IIIII IIIII I IIIII IIII �� 03.?AA 3 01, aa�00R PROJECT: 1110— Indian Avenue Interchange PARCELS: CI-12 and CI-13 APN: 666-330-050 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: ALLEN E. HOM / Allen E. Hom APPROVED By CITY COUNCIL CITY OF PALM SPRINGS, a municipal corporation By David H. Ready, City Mtir! I E ! /°r''E; m✓t Fh, rF ; 1 ' I I r ATTEST: By: mes Thompson, City Clerk API P OVED AS TO FORM: WOOb UFF, SP RA ART BY. Dougla C. H land, City Attorney 4 IIIIIIIIIIIIIINIIIIII EII1III111III1111111111111 ��zA�40£t983a9F PROJECT: 1/10— Indian Avenue Interchange PARCELS: CI-12 and CI-13 APN: 666-330-050 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF U0—WlNC ) ss 6�Pq�lkpt L L t of On /I , afore me, C 7*-95 �/L�� appeared J..�1'�► '-tom ...—� Notary Public, personally r 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 capecity(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 n and official I. LAMES FORT COMM X1793527 : Signature = * T Notaiy Public -Caliform0 �. PoversiCe Caunry M Comm.EX pi"t. 10,2012 My Commission Expires: ( C. 2---o This area for official notarial seal IIIIII�IlAlll IIII IIII UP11111131111111111 VI IIII e3 11/2 @8 6830ea ?ALM sp o Va% 'P = c City of Palm Springs Office of the City Clerk c�k"omn.r°'q�e * 3200 G. li16ywtc Canypn Way • Palm Spnr1g.S, (:aldornia 92262 C-y4I Fp R��A Tcl: (760) i23-8201 • Pax. (760) 322-8332 ' Wcb: www.pa6nsprings-ca goo CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED APN 666-330-050 dated: November 21, 2008 from, ALLEN E. HOM 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 51h 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 5t' day of January, 2009. d es Thompson ity Clerk (seal) IIIII IIIIIII IIII III IIIII IIIIII IIIII III III I IIII IIII 2A/s o ee3eFl F f e Post Office Box 2743 0 Palm Springs, California 92263-2743 ASSESSOR'S PARCEL NO. 656-330-050 Exhibit "A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21051'39"W., 6.267 meters; thence (2) leaving said Westerly line W68003'06"E., 5.155 meters; thence (3) S.21°57'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way fine S.68003'06"W., 5.165 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on THE Lps; DAY or r#,s ZWYM 14t6rrrli GzrU_6LVr.v& TIfE &Z'Z'le' of N072cc 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. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows: I II Page 1 of 2 II �I III I II I�I�I IIII IIII IIII IN IN0a 11/ 009 0sN99e 7 of 9 BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 201h Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line N.613003'06"E., 20.637 meters to the TRL]E POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N.21057'31'YV., 6.267 meters; thence (2) N_68003106"E., 13.450 meters; thence (3) &21°57'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68003'06"W., 13.450 meters to the TRUE �o POINT OF BEGINNING. wmm o©o �� The above-described easement is temporary and shall expire on TrtE LnsT mi DAY aF THr zgrR no,-ITH r&LLaLviw(,. -rive G:t+1n/[, of lVa'rre © or at completion of construction, whichever occurs first_ It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 84.290 sq. meters, 0,0084 hectares 0,N DRGr�,GF ti y P J P 1WW7 l n� No.7354 n fi � iv�nfl 1 I l Lf -o 7 Michael A. Havener, PLS 7354 Date CAl F Exp. 12-31-07 Page 2 of 2 EXHIBIT_ " B " LEGEND PAR_ CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SO. METERS (0.0032 HECTARES) PAR. CI-13 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = B4.3 SQ. METERS (0.01CB4 HECTARES) r T.P.O.B. POINT OF BEGINNING r JFl, Jr V4 P.O.B. POINT OF BEGINNING J N (--;a J J R/W RIGHT—OF—WAY T, J J, !�'I, 1f 2, CI CITY OF PALM SPRINGS PAR NO. it APN 666-330-050 (FAR I, -pl\lj J 10/%0) Nt rn P,IV, J52/JD—J8 z Ln 3 � j cp CI-12 3 P.O.B. + �6.5 m m CIP 13B r 631 " ND AygUR��Q G e EXP. 31 DEC 07 OF CAL F DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N0. : CI-12 do CI-13 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. III IIII DATE: 11-16-07 SHEET 1 OF 1 SHEET IIIIII IIII AI IIA IIII IIIIII III 1 Al IIIIII III ea 2 ©£19s3eeR v 1 CITY OF PALM SPRINGS 2 (Herein referred to as "City"), and 3 ALLEN E. HOM (Herein referred to as "Grantor") 4 s PROJECT: 1-10 ( Indian Ave Interchange PARCELS: CI-12 and CI-13 y APN: 666-330-050 7 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 8 1. The right is hereby granted City to enter upon and use the land of Grantor in the City of Palm Springs, County of Riverside, State of California, described as Assessor's 9 Parcel Numbers 666-330-050, depicted on the plat map attached hereto, and made a part hereof, for all purposes necessary to facilitate and accomplish the construction and 10 installation of Indian Avenue and 1-10 interchange. 11 2. The temporary construction easement, used during construction of the project consists of approximately one thousand two hundred fifty five (1,255) square feet as 12 designated on the attached legal description, referenced as Exhibit "A", and plat map, referenced as Exhibit "B". 13 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights 14 herein granted. The rights herein granted may be exercised for twenty four (24) months from the thirty (30) day written notice, or until completion of said project, whichever shall be sooner. is 4. It is understood that the City may enter upon Grantor's property where 16 appropriate or designated for the purpose of getting equipment to and from the easement area. City agrees not to damage Grantor's property in the process of performing such 17 activities. 18 5. The right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. 19 6. At the termination of the period of use of Grantor's land by City, but before its 20 relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded and left in a neat condition. 21 7. Grantor shall be held harmless from all claims of third persons arising from the 22 use by City of Grantor's land. 23 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. 24 9. This agreement is the result of negotiations between the parties hereto. This 25 agreement is intended by the parties as a final expression of their understanding with respect 1 i to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. 2 10. This agreement shall not be changed, modified, or amended except upon the 3 written consent of the parties hereto. 4 11. This agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 5 12. Grantor, their assigns and successors in interest, shall be bound by all the c terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. 7 13. City agrees to pay Grantor for the right to enter upon and use Grantor's land in s accordance with the terms hereof. 9 10 11 12 13 14 15 1e 17 1e 19 20 21 22 23 24 25 2 1 14. City shall pay to the order of Grantor the sum of Four Thousand Nine Hundred Twenty Dollars ($4,920) for the right to enter upon and use Grantor's land in accordance with 2 the terms hereof. 3 Dated: 2008 By: 5 Allen E. Hom 6 7 a CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUINCiL G �� 10 David H. Ready, City ger r ATTEST: 12 13 By: Pmes Thompson, City glerk 14 bl S O / OC7`'� 15 APP , OVED AS TO FORM: 16 WO0 UFF, SPRADLIN & SMAR 17 6:7 By: � q 16 Douglas CO:jw 'land,,C. Ho q., City Attorney 09/16/08 001 PG 19 12.148 20 21 22 23 24 25 3 ASSESSOR'S PARCEL NO. 666-330-050 Exhibit "A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21°51'39"W., 6.267 meters; thence (2) leaving said Westerly line N.68003'06"E., 5.155 meters; thence (3) S,21 057'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line &68003'06"W., 5.165 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows: Page 1 of 2 BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20`h Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line N.68°03'06"E_, 20.637 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N.21°57'31"W., 6.267 meters; thence (2) N.68003'06"E_, 13.450 meters; thence- (3) 5.21°57'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68003'06"W., 13.450 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 84.290 sq. meters, 0.0084 hectares SEA SAND SV A. HqL�Gc� No.7354 Michael A. Havener, PLS 7354 date °A CA,UFo Exp. 12-31-07 Page 2 of 2 EXHIBIT " B " ���rl. r� (�r�rl J �J�✓J -J JD)40) LEGEND PAR. CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SO. METERS (0.0032 HECTARES) PAR. CI-13 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 84.3 SO. METERS (0.0064 HECTARES) T.P.O.B. POINT OF BEGINNING Jrri, J r 1/ P.O.B. POINT OF BEGINNING R/W RIGHT-OF--WAY T, 3 �1, ri, -/l, r, Cl CITY OF PALM SPRINGS PAR. NO. r -\JR /I r 1-'1, 1 APN 666-330-050 (RAI, 1, 2 F,J\iJ -110J40) N� 15 rn 0's eV�m y N CI-12 3 r 01-13 T.P.O.B. P.O.B. \ 5N6637 m CI-13 v 26rO� AA. ND sG?L� P 20 `CS MpP * EXP. 31 DEC 07 Y7 el� f1�,� �Pjgr ,yo. 735� o¢��r OP CAQ DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR, NO. : CI-12 & CI-13 OTHERWISE NOTED. MULTIPLY DISTANCES 6Y 0.99997406 TO OBTAIN GROUND PREPARED BY! KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF 1 SHEET S V CITY OF PALM SPRINGS 4 l OFFER TO RENT PROJECT: 1/10— Indian Avenue Interchange I PARCEL: CI-12 and CI-13 APN(S): 666-330-050 OWNER: ALLEN E_ HOM The CITY OF PALM SPRINGS hereby makes you an offer of Three Thousand Five Hundred Fifteen Dollars ($3,515) as the rental price for a portion of the land known as Assessor's Parcel Numbers 666-330-050, identified as Parcel CI-12 and CI-13. You are not required to vacate your property until payment of the rental price has been [ made available to you_ 4 t Your signature on the Offer to Rent is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. I i THIS IS NOT A CONTRACT TO RENT, BUT MERELY AN OFFER TO RENT FOR THE AMOUNT INDICATED ABOVE, Q WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROVAL. Dated: David H. Ready, C' manager Received a copy of the above offer this 31 day of �GL cGFYiY. 20 a8 APPROVED BY CITY COUNCIL �By: V6. 2 �vr7 �yv. Allen E. Hom _. . 3 ro hvC CO:jw 09l16/�8 Y�-;• d t'=r�YL,rY 12.148 i r•... i 1' 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". STATEMENT OF OWNER(S) INUe/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 9 Statement of Just Compensation. (Initials) i There are persons living on the property. Yes No t,` There are businesses being conducted V--� on the property by others. Yes No The following are living or are conducting business on the property (including owner if In occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not ! in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: David H. Ready, Ci ager Received a copy of the above offer this a g day of "'T7a' p APPROVED BY CITY COUNCIL By Allen E. Hom CO:jw / 09/16/03MPG _ . �.•Jz'�tz��Y 12.148 �• • ."`. i 3 other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. i i GRANTOR: "o Dated: ALLEN E. HOM By: Allen E. Ham CITY OF PALM SPRINGS, a municipal corporation Z �y� RPPROVEbBYCITYCOU „O1L H. Ready, City M �j ATTEST: � �r gy�pF-,-n- J es Thompson, City Clerk APPR (ED AS To FORM: WO?Dglas , SPRADLIN & By: d lan , Es City Attorney 7 3 j1 14, City shall pay to the order of Grantor the sum of Four Thousand Nine Hundred Twenty Dollars ($4,920) for the right to enter upon and use Grantor's land in accordance with ` 2 the terms hereof, 1 3 Dated: _Ja�3/-O4 2008 t 4 By: (IgzI g! lTfP/l s Allen E. Hom 6 ! 7 I e CITY OF PALM SPRINGS, a municipal corporation gy "71VED BY Cl—,,Y COUNCIL 10 David H. Ready, 0t ger ATTEST: J 12 13 By: mes Thompson, City Clerk 14 15 APP WOQpR E.D AND FORM: ly FF, SPRADLIN RT 17 a By: is ouglas . H n oll d, Es , City Attorney CO:jw 09/16/08 001po 1-9 12.148 20 21 22 23 24 25 4 STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the Cily 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 Three Thousand Five Hundred Fifteen Dollars ($3,515) 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 $3,515 OTHER $0 TOTAL $3,515 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL DESCRIPTION. A Temporary Construction Easement, commencing with thirty (30) days notice as specified in the Temporary Construction Easement Agreement and continuing for a period of twenty four (24) months, or until the completion of the 1-10/Indian Avenue Interchange Project, whichever shall be sooner. EXHIBIT "A" (Legal Description) 2 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 STATEMENT OF OWNER(S) 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 v ' 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. �o sfi /a 1042A? 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: `1 `U�V� By: David H. Ready, qkt}c huger Received a copy of the above offer this day of APPROVED BY CITY COMM By: c Allen E. Hom ICA CO:jw 09/16/08 001PG APPROVEQA FORM: 12.148 / By- Title:- 3 ASSESSOR'S PARCEL NO. 666-330-050 Exhibit "A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20th Avenue (16.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N,21°51'39"W., 6.267 meters; thence (2) leaving said Westerly line N.68003'06"E., 5.155 meters; thence (3) S.21057'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68°03'06"W., 5.165 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows: Page 1 of 2 BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line N.68003'06°E_, 20.637 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N21057'31"W., 6.267 meters; thence (2) N.68003'06"E., 13.450 meters; thence (3) 5.21057'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68003'06U., 13.450 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 84.290 sq. meters, 0.0084 hectares SEA \-AND S� A HqL FGF 57 No.7354 Michael A. Havener, PLS 7354 Date 9�0� CAL\F0� Exp. 12-31-07 Page 2 of 2 EXHIBIT " B22 LEGEND r----, PAR. CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SO. METERS (0.0032 HECTARES) PAR. CI-13 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 84.3 SQ. METERS (O.00B4 HECTARES) T.P.O.B. POINT OF BEGINNING -P Jri, J r J i P.O.B. POINT OF BEGINNING S r( J J R/W RIGHT-OF-WAY T, J CI CITY OF PALM SPRINGS PAR. NO. PjL1r),, 4 APN 666-330-050 -P)\/l tV 4 0) p NJ Ja- JJ z CI--12 f1 $ pr) r I CI-13 P.O.B. / 5 m T.P.O.B. �� ��51563� m CI-13 L k 260Og 06 3 € N 0 LAND SGR EL A G O 2O MP 20 j EXP. 31 DEC 07 P 735k �a \)' F Of CALIF0 DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N0. : CI-12 & CI-13 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 r i CITY OF PALM SPRINGS (Herein referred to as "City"), and 2 ALLEN E. HOM 3 (Herein referred to as "Grantor") 4 PROJECT: 1-10 / Indian Ave Interchange 5 PARCEL(S): CI-12 and CI-13 APN: 666-330-050 6 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 7 1. The right is hereby granted City to enter upon and use the land of Grantor in 2 the City of Palm Springs, County of Riverside, State of California, described as Assessor's Parcel Numbers 666-330-050, depicted on the plat map attached hereto, and made a part 9 hereof, for all purposes necessary to facilitate and accomplish the construction and installation of Indian Avenue and 1-10 interchange. 10 2. The temporary construction easement, used during construction of the project 11 consists of approximately one thousand two hundred fifty five (1,255) square feet as designated on the attached legal description, referenced as Exhibit "A", and plat map, 12 referenced as Exhibit "B", 13 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 14 the thirty (30) day written notice, or until completion of said project, whichever shall be sooner. is 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 16 area. City agrees not to damage Grantor's property in the process of performing such activities. 17 5. The right to enter upon and use Grantor's land includes the right to remove and 18 dispose of real and personal property located thereon. 19 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 20 be graded and left in a neat condition. 21 7. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. 22 8. Grantor hereby warrants that they are the owners of the property described 23 above and that they have the right to grant City permission to enter upon and use the land. 24 9. This agreement is the result of negotiations between the parties hereto. This agreement is intended by the parties as a final expression of their understanding with respect 25 to the matters herein and is a complete and exclusive statement of the terms and conditions 2 1 thereof. 2 10. This agreement shall not be Changed, modified, or amended except upon the written consent of the parties hereto- 3 11. This agreement supersedes any and all other prior agreements or 4 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 6 and severally liable thereunder- 7 13. City agrees to pay Grantor for the right to enter upon and use Grantor's land in accordance with the terms hereof. 10 11 12 13 14 15 16 17 as 19 20 21 22 23 24 25 3 1 14. City shall pay to the order of Grantor the sum of Four Thousand Nine Hundred Twenty Dollars ($4,920) for the right to enter upon and use Grantor's land in accordance with 2 the terms hereof. 3 Dated: , 200,9 4 By, . 5 Allen E. Hom 6 7 s CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY MUNCIL 10 David H. Ready, anager 11 ATTEST: 12 13 dimes Thompson, City Clerk 14 15 APPROVED A OFORM: 16 WOODR F DLIN & SMART 17 /&ZVZ By: Holland, Esq., City Attorney CO:jw 09/16/08 001PG 19 12.148 20 21 22 23 24 25 4 ASSESSOR'S PARCEL NO. 666-330-050 Exhibit "A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20th Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21051'39"W., 6267 meters; thence (2) leaving said Westerly line NZW03'06"E., 5.155 meters; thence (3) S.21057'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5,68003'06'VV., 5.165 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows: Page 1 of 2 BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20'h Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line W68003'06"E., 20.637 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N.21057'31'W„ 6.267 meters; thence (2) N_68003'06"E., 13.450 meters; thence (3) 5.21°57'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68003'06"W., 13.450 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 84.290 sq. meters, 0.0084 hectares A. ExR 12I31/n y � // ✓ I�.4vt���V DvV'-[N1nil //' /�-/ 'o� 9tC�, ��a� Michael A. Havener, PLS 7354 Date OF CAO Exp. 12-31-07 Page 2 of 2 JEXHIBIT_ " B " ;J '--\rl, ? (Pr'1;1, pj\j] J J JM%D) LEGEND PAR. CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SQ. METERS (0.0032 HECTARES) PAR. CI-13 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 84.3 SQ. METERS (0.0084 HECTARES) T.P.O.B. POINT OF BEGINNING iJ rJr�, r 1/'� P.O.B. POINT OF BEGINNING S r c r , 1 R/W RIGHT-OF-WAY 1 , J S, ri, 4 r CI CITY OF PALM SPRINGS PAR. NO. �j T1rR r � 4 APN 666-330-050 (FlArJ, 2 IJJ\iJ 110/40) u, N eP,A- CI-12 3 r / CI-13 lJr� P.O.B. :J� ! P y,66�0 m CI- 3 r J1 N 6ao�` G RIw ANQ Uvt H�G�L�a 20 "� lCs MPS? EXP. 31 DEC D7 1\1 ��rl �T9TF 10. 735br OF' CALF DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-12 do CI-13 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF 1 SHEET RECORDING REQUESTED BY Orange Coast Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahcuitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code§6103 12.148\091608\001 PG\COjw (Space above this line reserved for Recorder's use) PROJECT: 1110—Indian Avenue Interchange PARCEL: CI-12 and CI-13 APN: 666-330-050 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALLEN E. HOM ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 666-330-050 referenced as Parcel CI-12 and CI-13 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 one thousand two hundred fifty five (1,255) square feet referenced as Parcel CI-12 and CI-13 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. 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 4 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 Citv: 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. Tahgwtz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@palmsprings-ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until 5 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 (,a 7b -(w_, 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. 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 6 other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. GRANTOR: Dated' a 3`d ALLEN E. HOM Y.- Allen E. Hom CITY OF PALM SPRINGS, a municipal corporation l 11111VEp6YCITYCourdclL {, By: David H. Ready, City Ma ATTEST: p By: _' /Jlrhes Thompson, City Clerk APPROVED A FORM: WOODRUFF S DLIN & SMART By: Z& Dougl . Holland, Es ., City Attorney 7 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) / On IG�—z _ �O before me, 7 i A/ r Kj L / Notary Public, personally appeared �f7 1/o of -�� _ who proved to me on the basis of satisfactory evidence to be the person(sl whose name s) is/subscribed to the within instrument and acknowledged to me that he/shsftW executed the same in his/bawthv'ir authorized capacity(jasj; and that by his/het:A e r signature(s)-on the instrument the persons-); or the entity upon behalf of which the personSs}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—~" a My Commission Expires: 7x 1 / This area for official notarial seal YING YU LI i Commission*1594828 at •-� Notary Public-California Los Angeles county My Comm.Pxplres Jul 14.2009 12 F PALM SA u r. (City ®f Palm Springs Office of Elie City Clerk b ' cOHoF".cv'9� 3200 I, T111CIL icz Qmyon Wly ' Palm Sp7ings, Qddornin 92262 Cq(/F0P"Z P' Tel. (760) 323-ti204 • Pax. i760) 322.8332 • Wnb www.pihnsprings-en.gnv CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED For construction of a road improvement APN 666-330-050 dated: October 23, 2008 from, Allen E. Hom 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 20th day of November, 2008, 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 20th day of November, 2008. /:,AVES THOMPSON ity Clerk Yost Office Box 2743 ° Palm Springs, California 92263-2743 ASSESSOR'S PARCEL NO. 666-330-050 Exhibit "A" PARCEL CI-12 A temporary easement for construction purposes in and to that portion of Parcel 4 of Parcel Map 20800, as shown by map on file in book 152, pages 16 to 18 of maps, Records of Riverside County, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20�h Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence leaving said Northwesterly Right-of-Way line (1) along the Westerly line of said Parcel N.21°51'39"W., 6.267 meters; thence (2) leaving said Westerly line N.68°03'06"E., 5.155 meters; thence (3) S.21°57'31"E., 6.267 meters to the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68003'06'1N., 5.165 meters to the TRUE POINT OF BEGINNING, The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Area = 32.337 sq. meters, 0.0032 hectares PARCEL CI-13 A temporary easement for construction purposes in and to that portion of said Parcel 4, more particularly described as follows: Page 1 of 2 BEGINNING at the Southwesterly corner of said Parcel 4, said point also being on the Northwesterly Right-of-Way line of 20�h Avenue (15.240 meters Northwesterly, as measured at right angles from centerline); thence along the Southeasterly line of said Parcel and said Northwesterly Right-of-Way line N.68003'06"E., 20,637 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southeasterly line and said Northeasterly Right-of-Way line N.21°57'31"W., 6,267 meters; thence (2) N.68003'06"E., 13.450 meters; thence (3) 5.21057'31"E., 6.267 meters to said Southeasterly line and said Northwesterly Right-of-Way line; thence (4) along said Southeasterly line and said Northwesterly Right-of-Way line 5.68003'06"W., 13.450 meters to the TRUE POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, zone 6. To convert meters to the U.S, Survey Foot, multiply distances by 3937/1200, Area = 84.290 sq. meters, 0.0084 hectares LAND SC A. Exp.i2/31/0� � / (P N0.7354 R �7 11f_y 'D7 r Michael A. Havener, PLS 7354 Date 9�oF CA��Fo� Exp. 12-31-07 Page 2 of 2 q EXHIBIT " B " Pr' 1r'-L 2 (Prri, J Pj\/J J10/40) LEGEND PAR. CI-12 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 32.3 SQ. METERS (0.0032 HECTARES) PAR, CI-13 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 84.3 SQ. METERS (0.0084 HECTARES) T.P.O.B. POINT OF BEGINNING Fl Jrj, S r 1/1f P.O.B. POINT OF BEGINNING J r r J J R/W RIGHT-OF-WAY r' :J J rri if r, CI ryCIT\\Y OF PALM SPRINGS PAR. NO. J !J IMF r T1 r1 1 if APN 666--330--050 Wjl-1 2 Pj\jJ 1 J0/40) s a, �J rJ1 -1J216- 18 y a c^ Ln a E z r� 4p S �3 CI-12 /f 3 r,r F-i)i� �� CI-13 r J -4 P.O.B. m T.P.O.B. _ �, �� �N 68p0y0 � CI-13 � g 4 AA. ND EXP. 31 DEC 07 Yo. ,y OF CAl\F DISTANCES ARE IN METERS UNLESS PAR, N0. : CI-12 k CI-13 CITY OF PALM SPRINGS PREPARED BY; KA OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND /MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE! NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF 1 SHEET