Shea La Quinta/MOU Access Agree 08RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Shea La Quinta, LLC
60-800 Trilogy parkway
La Quints, CA 92553
Attention: J. Terence Hanna
COPY of Document Recorded
on - 0 A2 as NoZdGt�- 53k7�
has not been compared with
original.
LARRY W. WARD
County Recorder
RIVERSIDE COUNTY CALIFORNIA
(Above Space for Recorder's Use Only) APN: 764-280-035-1
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (this "Memorandum") is made as of January I fa y 2008, by
and between Shea La Quinta, LLC, a California limited liability company ("Shea") and the City
of La Quints, a municipal corporation ("City').
RECITALS
A. Shea is the owner of certain real property located in the City of La Quinta, County
of Riverside, State of California, more particularly described on Exhibit "A" attached hereto (the
"Property").
B. Shea, City and the City Council of the City of La Quinta have entered into that
certain Settlement Agreement and Mutual Release dated December 18, 2007 (the "Settlement
Agreement"), pursuant to which Shea has agreed to provide an access easement over that portion
of the Property more particularly described on Exhibit "B" attached hereto and depicted on
Exhibit "C- attached hereto (the "Access Easement Area"), in favor of certain real property
owned by Richard J. Meyer, as Trustee of the Richard J. Meyer Trust, dated November 8, 2005
and as Trustee of the Richard J. Meyer Charitable Trust, dated June 20, 2005 (collectively,
"Meyer"), upon the terms and conditions set forth therein.
C. Shea and City desire to execute this Memorandum and cause the same to be
recorded in the Official Records of Riverside County, California for the purpose of
memorializing the Settlement Agreement and to provide third parties with notice of the
Settlement Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Shea and City hereby agree as follows:
1. Pursuant to the Settlement Agreement and this Memorandum, Shea has agreed to
provide to Meyer an access easement over the Access Easement Area upon the terms and
conditions set forth in the Settlement Agreement,
436846791\ 764823.2
1/1"8
2. The sole purpose of this Memorandum is to give notice of the Settlement
Agreement and all of its terms, covenants and conditions to the same extent as if the Settlement
Agreement were fully set forth herein, and this Memorandum is subject to all of the terms,
conditions and provisions of the Settlement Agreement.
3. Upon the recordation of an access easement over the Access Easement Area by
Shea to Meyer (or its successor in interest), then this Memorandum shall automatically terminate
and be of no further force or effect.
4. This Memorandum may be executed in two or more counterparts, and all of such
counterparts when taken together shall constitute one and the some document.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date
first above written.
SHEA:
Shea La Quints, LLC,
a California limited liability company
By: Shea Homes, Inc.,
a Delaware corporation,
its Sole Member
By. Ulrich Sauerbrey 0 ,
NanWSIStant Secretary
Title: Authorized Agent
By. /43T bLdts
Name: H4 SGe-
Title: Authorized Agent
CITY: D
/
By. �.w.o
Tom Genovese
436BA679117649232
111008
STATE OF CALIFORNIA
COUNTY OF _ R) V02-8 f CD
On SAAIURILN t!c'1'2 &dbeforeme,- ^ 1��nC�J ��✓soin /y0773ky BLIG
am inert aura end title of &A officer)
Personally appeared_IJLE169SPILIC- 8eQ1 .4,1�Ji4LETi8J3ETTS
who proved to me on the basis of satisfactory evidence to be ee onSwhose namFisa.-P--
subscribed to the within instrument and ac wledged to me that executed the same in
lhi &ff authorized capacity, and that by )sigratur!5on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. CAROL ANN RANSOM;
0 COMM. k 1539791
NOTARY PUBLIC-CAUFORNfA O
RIVERSIDE COUNTY 0
COMM. EXP. DEC. 26.2008'�
Ignature (Seal)
STATE OF CALIFORNIA
COUNTY OF Rwt�
On AQ, before me,
�I (here insaR nW 4t office)
personally appeared red �a n%Q -D
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and aolafowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the inafitment the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.Ad2cll& nmtq AAssatr
� �f'S���4i.Y�� camnwrion r tevrf�
Sign tnro tom) f101ery fUbllc - Ce11aMp
tavefgtle County
MyCamm. Expkes Cx I t e. 201
4368-46791\764923.2
1l14N8
STATE OF CALIFORNIA
COUNTY OF
On before me,
(here Inertm teand tideofNe officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his(her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
sipahue (seal)
STATE OF CALIFORNIA
COUNTY OF
On before me,
am* insert mmn and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
signaWre (SW)
4M8-/679IN 7648232
1/14108
EXHIBIT "A"
1N THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
LOTS 31 AND 32 OF TRACT MAP NO, 30023-6, AS SHOWN BY MAP ON
FILE IN BOOK q U , AT PAGES 31l THROUGH !�O , INCLUSIVE, OF
MAPS, RIVERSIDE COUNTY RECORDS, ALSO BEING IN THE
SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 7
EAST, S.B.M.
dredlin PAGE 1 OF 1 1/15/2008
EXHIBIT "B"
ACCESS EASEMENT
PARCEL "A":
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THOSE PORTIONS OF LOTS 31 AND �.2' OF TRACT MAP NO. 30023-6, AS
SHOWN BY MAP ON FILE IN BV
OOK � , AT PAGES 3K THROUGH
6 , INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, ALSO
BEING IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6
SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32;
THENCE ALONG THE WESTERLY LINES OF SAID LOTS 32 AND 31,
NORTH 00012'19" WEST A DISTANCE OF 116.45 FEET TO THE BEGINNING
OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS
OF 8,130.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT
BEARS NORTH 74°11'12" EAST; ,
THENCE LEAVING SAID WESTERLY LINES AND SOUTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"44'05", AN
ARC DISTANCE OF 104.25,FEET;TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHL�dWTEkY_, HAVING A RADIUS OF 20,00 FEET,
A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 74"65'17"
EAST;
THENCE SOUTHEASTERLY -ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 76"OT41", AN ARC DISTANCE OF 26.22 FEET TO
THE SOUTHERLY LINE OF SAID LOT 32;
THENCE ALONG SAID SOUTHERLY LINE AND NON -TANGENT TO LAST
MENTIONED CURVE, SOUTH 89947'36" WEST A DISTANCE OF 46.74 FEET
TO THE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS,
RIGHTS AND RIGHTS -OF -WAY OF RECORD.
CONTAINING 1,872 SQUARE FEET
OR 0.043 ACRES, MORE OR LESS.
PAGE 1 OF 1 1/15/2008
EXHIBIT 'C"
ACCESS EASEMENT
30 \
>MAPNO.
FWNAGE
T
—g
2Vvi JASMINE COURT
31-
"b
Ilk.
32
PARCEL #A' ' +'
1,872 So. Fr. 33
0.043 AC.
PAR. "A"
Sw OT3 2 L7 N OC12'24. 1N
R qp MAP
/SLOT 148 y (�
U R(e,p��/�11up,ryA P0y /Y�C O. 30®g23- Y
M.B. 329/87-102
CURVE DATA
NO.
DELTA
I RADWS
I LENGTH
TANGENT
91
W44 05
8130.00-1
104=1
g .13
C2
7507 47
20.00
26.22
1 .
LINE DATA
N0. BEARING LENGTH
Lt S 88'4736 W 4
1"-40'
K71,
MSA CDMOMMM 0NCi, Ixc
Puumm • Q QNSUL J G, tbavamo
34200 8m time DR= ■ RAlam Mluem • CA 97270
TWAM a CM 320-M ■ FAx (760) U3.763
N. 1538 1 1s 08 SHEET 1 01 1