LAD2018-0001 Grant of Easement and AgreementRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
DOC # 2018-0464680
11 /28/2018 03:02 PM Fees: $0.00
Page 1 of 11
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to the County of Riverside for recording—
Receipted by: TERESA #134
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 777-490-043 and 777-490-044 Exempt recording fee pursuant to Govt. Code § 6103.
C.G 1 -7J881
fee Cv Iv o.G �� %�a1.Jzh�oC
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the
"Agreement") is made this & day of /V00 • , 2018, by SILVERROCK PHASE I, LLC,
a Delaware limited liability company (hereinafter referred to as the "Grantor").
RECITALS
A. Grantor is the legal owner of a fee interest in certain real property located in the
County of Riverside, State of California, commonly known as Parcels 5 and 6 of Parcel Map
No. 37207, as filed in Book 242 of Parcel Maps, at Pages 72 through 87, inclusive and being in
the City of La Quinta, California, and more particularly described in Exhibit C attached hereto and
incorporated herein by reference (hereinafter referred to as the "Property").
B. Grantor desires to grant to the City of La Quinta, a California municipal corporation
and charter city (the "City"), a perpetual and irrevocable easement in, on, under and across a
portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are
incorporated herein by this reference) for public utility purposes.
AGREEMENT
NOW, THEREFORE, Grantor and City agree as follows:
1. GRANT; DESCRIPTION OF EASEMENT AREA. Grantor grants the City a non-
exclusive easement for the purposes listed below on that portion of the Property described on
Exhibit A and depicted in Exhibit B (the "Easement Area").
2. PURPOSE. The easement is for a perpetual and irrevocable easement below the
surface grade of the Easement Area for public utility purposes including, but not limited to, public
sewer, water, gas, electric, telecommunications, cable.
3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and
incidents of ownership of the underlying fee interest in the Property not inconsistent with this
Agreement. Specifically, Grantor shall retain the right to improve the surface of the Easement
4834-6733-0426.3
DOC #2018-0464680 Page 2 of 11
Area with paving including relating to parking and access and with landscaping but may not
improve the surface of the Easement Area with vertical improvements. Following Grantee's
installation of public utility improvements pursuant to this Agreement, if Grantee's access to such
improvements for repair or maintenance purposes for new installations requires the surface
improvements to the Easement Area to be damage or removed, following Grantee's work, Grantee
shall return the surface of the Easement Area to the condition prior to the commencement of such
work. Grantor shall not be bound to undertake any supervision or maintenance of the Easement
Area to provide for the public purposes hereunder. Grantor must relocate any existing utilities or
other encumbrances located within the Easement Area at Grantor's sole cost and expense if
requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous
materials or contaminants located in the Easement Area prior to the date of this Agreement.
4. DURATION; SUCCESSORS AND ASSIGNS; RUNS WITH THE LAND. This
Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the
Property described above in perpetuity and shall not expire. This Agreement and terms, conditions
and restrictions shall run with the land and be binding on the heirs, assigns and successors of the
Grantor in the manner provided for herein.
5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall
be deemed to constitute a servitude upon and burden to the Property within the meaning of
Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives
a sale of tax -deeded property.
6. COUNTERPARTS. This Agreement may be executed in one or more counterparts,
which, taken together, shall constitute one complete and enforceable agreement.
[Signatures Contained On Following Page]
-2-
4834-6733-0426.3
DOC #2018-0464680 Page 3 of 11
Executed this -Jji� day ofAW , 2015, at La Quinta, California.
"Grantor"
SILVERROCK PHASE I,
a Delaware limited liability company
By: The Robert Green Company, a California
corporation
Its: Mana
By:
Name: Robert S. en, Jr.
Its: President and Chief Executive Officer
SIGNED IN COUNTERPART
f1citylt
CITY OF LA QUINTA, a California
municipal corporation and charter city
LIN
Frank J. Spevacek
City Manager
Attest:
Monika Radeva, Acting City Clerk
APPROVED AS TO FORM RUTAN
& TUCKER, LLP
WILLIAM H. IHRKE, City Attorney
SIGNED IN COUNTERPART ( 10� -�:)
-3-
4834-6733-0426.2
DOC #2018-0464680 Page 4 of 11
Executed this day of/ dV , 20/�`at La Quinta, California.
"Grantor"
SILVERROCK PHASE 1,
a Delaware limited liability company
By: The Robert Green Company, a California
corporation
Its: Manager
By:
Name: Robert S. Green, Jr.
Its: President and Chief Executive Officer
SIGNED IN COUNTERPART
,1Cityll
CITY OF LA QUINTA, a California
municip 1 corporatio charter city
B
ra p acek
City er
Attest:
Monika Radeva, Actin ity Clerk
APPROVED AS TO FORM RUTAN
& TUCKER, LLP
0
WILLIAM H. IHRKE, City Attorney
SIGNED IN COUNTERPART
-3-
4834-6733-0426.3
DOC #2018-0464680 Page 5 of 11
ACKNOWLEDGMENT
notary oubiic or other officer completing this
certi icate verifies on!v the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego �
1�lwember 5, ao19 before me,
Diana L. Lytle, Notary Public
(insert name and title of the officer)
personally appeared K&,er4 S • GreC.n+cTi'
wnc proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare
subscribed to the within instrument and acknowiedged to me that he/she/they executed the same in
is/herltneir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behaif of which the person(s) acted, executed the instrument.
i certify under PENALTY OF PERJURY Urlder the laws of the State of California that the foregoing
paragraph is true and correct.
VJIT NESS my hand and official seal. e
DIANAL. LYTLE
Notary Public - CaliforniaSan Diego County
Commission # 2160643
,,�My Comm. Expires Aug 14, 2j
Synaure UC (SeaEa
DOC #2018-0464680 Page 6 of 11
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On November 7, 2018 before me, MONIKA RADEVA, Notary Public, personally
appeared FRANK J. SPEVACEK who proved to me on the basis of satisfactory
evidence to be the person{-&} whose name{&) isAwe subscribed to the within
instrument, and acknowledged to me that he/sheit#ejf executed the same in
his/her/their authorized capacity{ies , and that by his/he4th& signatures} 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.
MONIKA RADEVA
Notary Public - California
WITNESS my hand and official seal. i ,-: Riverside County
Z Commission # 2168979 D
My Comm. Expires Oct 22, 2020
Signature:
(notary sea[)
DOCUMENT:
Grant of Easement and Agreement by SilverRock Phase I, LLC (APNs: 777-490-
043 and 777-490-044)
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
EASEMENT
In the City of La Quinta, County of Riverside, State of California, those portions of Parcels 5 and 6 of
Parcel Map No. 37207 as shown by a map filed in Book 242 of Parcel Maps, Pages 72 through 87,
inclusive, in the office of the County Recorder of said county, more particularly described as follows:
COMMENCING at the northeast corner of said Parcel 5, said point also being the beginning of a
curve concave southwesterly and having a radius of 1984.50', a radial line of said curve from said
point bears South 05°56'51" West;
thence along the north line of said Parcel 5, and northwesterly along said curve an arc distance of 4.96
feet through a central angle of 00°08'36" to the north end of the centerline of a 10.00 foot public
utility easement dedicated on said Parcel Map No. 37207, which bears North 00°38'49" East, a
distance of 22.41 feet, a radial line of said curve from said point bears South 05048' 15" West;
thence leaving said north line, along the centerline of said public utility easement, South 00°38'49"
West, a distance of 22.41 feet to the POINT OF BEGINNING;
thence along the south line of said public utility easement, the following three (3) courses:
South 89*21' 11" East, a distance of 5.00 feet;
thence North 00°38'49" East, a distance of 11.91 feet to the beginning of a non -tangent curve
concave southwesterly and having a radius of 1974.50 feet, a radial line of said curve from
said point bears South 05058'34" West;
thence southeasterly along said curve an arc distance of 16.10 feet through a central angle of
00°28'02";
thence leaving the south line of said public utility easement, South 05°23' 14" West, a distance of
41.51 feet;
thence North 84036'46" West, a distance of 56.00 feet;
thence North 05°23' 14" East, a distance of 41.75 feet to the south line of said 10.00 foot public utility
easement, said point also being the beginning of a non -tangent curve concave southwesterly and
having a radius of 1974.50 feet, a radial line of said curve from said point bears South 04°49'06"
West;
thence along the south line of said 10.00 foot public utility easement, the following seven (7) courses
southeasterly along said curve an arc distance of 9.52 feet through a central angle of
00°16'35";
thence South 05° 14'23" West, a distance of 36.84 feet;
thence South 84°45'37" East, a distance of 10.00 feet;
thence North 05° 14'23" East, a distance of 36.84 feet to the beginning of a non -tangent curve
concave southwesterly and having a radius of 1974.50 feet, a radial line of said curve from
said point bears South 05023106" West;
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
thence southeasterly along said curve an arc distance of 10.33 feet through a central angle of
00°17'59";
thence South 00°38'49" West, a distance of 12.82 feet;
thence South 89'21' 11" East, a distance of 5.00 feet to the Point of Beginning.
EASEMENT AREA CONTAINING 1846.72 square feet, more or less.
AS SHOWN ON EXHIBIT "B" attached hereto and by this reference made a part hereof.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
This legal description and accompanying plat were prepared by me or under my direction in
conformance with the requirements of the Professional Land Surveyors Act.
Christopher L. Alberts, PLS 8508
3 i9- 7',, g
Date
Page 2 of 2
EXHIBIT "B" - MAP
PUBLIC UTILITY EASEMENT
1000 500 0 1000
SCALE: 1"=1000
k6 57 8
PA L 17
PARCEL 2
EASEMENT AREA
ENOMT
AREA(S.F. )
N0.
1
1846.4
2
t CEL 16L 6
Sf
PARCEL17 lG�
PAR. G 11
PARCEL 18 PARC�E�L 8
PARCEL 4 1 1
PARCEL 18
INDE/ MAP
SCALE: 1"=1000'
LEG ' /
INDICATES PUE PER THIS DESCRIPTION
— - —
INDICATES CENTERLINE
INDICATES LOT LINE
-
INDICATES EXISING PUE
PUE
INDICATES PUBLIC UTILITY EASEMENT
"
O
INDICATES RE DEDICATED ON PARCEL
MAP NO. 37207, PMB 242/72-87
LOCATED IN POR.
OF SECTIONS 5 & 8, T.6S., R.7E., S.B.M.
�Vq
P
PARCEL 11
PARCEL f
PAR.
20
PARCEL 15
PARCEL 14 111
PARCEL 13
3000 1
n
17116
SHEET 1 OF 2 SHEETS
INTERNATIONAL .
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
phone 760-346-7481 www.mbakerintl.com
EXHIBIT "B" - MAP
PUBLIC UTILITY EASEMENT
SILVECK
WAY
PARCEL B
0 SOS°05'41"W(R)
it
1
2
------ —_— _ 6�
—
S05_58_34_W(R)
N. LINE �I
PARCEL 5
g �
4
5
a g
PARCELE6
Nlv
3
00. 3 0 l o
Q
PARCEL 5
46 "W 56.00
N&:
SEE SHEET 1 FOR SHEET INDEX,
LEGEND AND EASEMENT AREAS.
DATA
TABLE
NO
BEARING/DELTA
RADIUS
LENGTH
1
00°08'36"
1984,50'
4,96'
2
00°33'52"
1984.50'
19.55'
3
S89°21'11"E
--
10.00'
4
N00°38'49"E
--
11.91,
5
00°28'02"
1974.50'
16.10'
6
00°16'35"
1974.50'
9.52'
7
S84°45'37"E
--
10.00'
8
00°17'59"
1974.50'
10.33'
9
S00'38'49"W
--
12.82'
SCALE: 1 "=20'
LOCATED IN POR. OF SECTIONS 5 & 8, T.6S., R.7E., S.B.M.
A
PARCEL 6
LEGEND
O INDICATES RUE PER THIS DESCRIPTION
- INDICATES CENTERLINE
INDICATES LOT LINE
INDICATES EXISING PUE
PUE INDICATES PUBLIC UTILITY EASEMENT
Oj INDICATES PUE DEDICATED ON PARCEL
MAP NO. 37207, PMB 242/72-87
SHEET 2 OF 2 SHEETS
INTERNATIONAL
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
phone:760-346-7481 www.mbakerinti.com
EXHIBIT C
(Legal Description of Property Attached)
Parcels 5 and 6 of Parcel Map No. 37207, in the City of La Quinta, County of Riverside, State of
California as per map filed in Book 242 of Parcel Maps, Pages 72 through 87, inclusive in the
office of the County Recorder of said County.
2156/015610-0002
824642.02 a0923/10 rev a0923/10 -7-