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2023 BP Dune Palms LP - Easement Agr for City Stormwater Drainage Improv RECORDEDPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: FIDELITY NAS ZONAL TITLE ORANGE COUNTY AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENTS TO: City of La Quints PO Box 1504 La Quinta TRA: 020-026 DTT: 0 DOC # 2023-0327913 11/02/2023 01:58 PM Fees: $0.00 Page 1 of 16 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: CRISTINA#7700 Space above this line for recorder's use only EASEMENT AGREEMENT Title of Document Leon - o2a — o?t Exemption reason declared pursuant to Government Code 27388,1 This document is a transfer that is subject to the imposition of documentary transfer tax. This is a document recorded in connection with a transfer that is subject to the imposition of documentary transfer tax. Document reference; concurrently herewith This document is a transfer of real property that is a residential dwelling to an owner - occupier. This is a document recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. Document reference: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238 (Rev. 01/2018) Available in Alternate Formats DOC #2023-0327913 Page 2 of 16 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta PO Box 1504 La Quinta, CA 92253 APN 600-030-038 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made effective as of October 31, 2023 (the "Effective Date"), by and between 13P Dune Palms LP, a California limited partnership ("Grantor") and City of La Quinta, a California municipal corporation ("Grantee" or "City"). Recitals A. Grantor is the owner of that certain real property (the "Property") situated on the northeast corner of Highway 111 and Dune Palms Road, in the City of La Quinta, County of Riverside, California and more particularly described in Exhibit A attached hereto and incorporated herein by this reference. For purposes of this Agreement, the Property shall be the "burdened property" subject to the Grantee's easement rights as set forth herein. B. Grantee is the owner of that certain real property (the "Highway") commonly known as Highway 111 that affronts the Property, and is more particularly described in Exhibit B attached hereto and incorporated herein by this reference. For purposes of this Agreement, the Highway shall be the "benefitted property" subject to the Grantee's easement rights as set forth herein. C. That portion of the Property identified as Parcel 1 of Parcel Map No. 38668 is the subject of that certain Agreement for Purchase and Sale and Escrow Instructions dated January 18, 2023, as amended by First Amendment thereto dated October 23, 2023 (the "Purchase and Sale Agreement") by and between Grantor and the La Quinta Housing Authority, a public body, corporate and politic ("Housing Authority"), which, among other terms and conditions, requires Grantor to construct certain "Utility Improvements" (as defined therein) that include stormwater outflow improvements within the Easement Area established by this Agreement. The Housing Authority expressly authorizes Grantee (the City) to enter into this Agreement in furtherance of Grantor's obligations under the Purchase and Sale Agreement. The Purchase and Sale Agreement is a public record and available for inspection at City Hall of the City of La Quinta, located at 78- 495 Calle Tampico, La Quinta, CA 92253, during regular business hours. D. Grantee herein is the same as the Grantee in, and Grantor herein is the successor in interest to the Grantor named in, that certain Grant of Easement dated January 16, 2007 and recorded February 26, 2007 in the Official Records of Riverside County as Document Number {BLK.PNT/0026/EASEMT/020I7462.DOCX 15) 1 DOC #2023-0327913 Page 3 of 16 2007-0130623 (the "Grant"). The easement described in the Grant lies on a portion of the Property. Grantor intends to develop and, as contemplated by the provisions of the Grant, to construct alternative onsite retention facilities on the Property, replacing the Retention Basin Improvements described in the Grant. E. Grantor and Grantee, for the mutual benefit of themselves and their respective successors and assigns, now desire to terminate the easement described in the Grant, and provide for a replacement drainage easement on the terms and conditions provided herein. NOW, THEREFORE, for the purposes set forth above, in consideration of the mutual promises, covenants and agreements herein, the parties hereby agree as set forth herein. Agreement 1. Recitals; Termination of 2007 Easement. The parties acknowledge and agree that the recitals set forth above are integral to this Agreement and incorporated herein. Upon the recording of this Agreement, the Grant, and the easement granted therein, shall be terminated, and the provisions thereof shall have no further force or effect, 2, Grant; Easement Area. Grantor hereby grants to Grantee in perpetuity a non- exclusive easement (the "Easement") over, across, and through that certain real property more particularly described and depicted in Exhibit C attached hereto and incorporated herein by this reference (the "Easement Area"), for the drainage of surface stormwater, and the installation, operation, and maintenance of facilities to channel and treat said surface stormwater, flowing from or over public roadways adjacent to the Property and outflowing to the Coachella Valley Water District Stormwater Channel, including without limitation retention basins, inlets, catch grates, curbs, culverts, and pipelines (collectively, the "Stormwater Facilities"). Grantor covenants and agrees that no permanent buildings or structures will be placed, erected, installed or permitted within or upon the Easement Area, provided that Grantor or its permittees (including, without limitation, any lessees of the Property) may construct, install, repair, replace, maintain and otherwise keep signs, retaining walls, fencing and gates, safety barriers, sidewalks or walkways, utility lines, pipes, conduits and related improvements, plants and other landscaping, and similar accessory improvements within the Easement Area provided that the same do not materially obstruct or impede access to and/or the use or maintenance of the Stormwater Facilities. 3. Stormwater Facilities; Separate Parcels, Grantor shall construct the Stormwater Facilities in substantial conformance with plans approved by the City and the Coachella Valley Water District (CVWD). Grantor shall install, operate, and maintain the Stormwater Facilities at its own expense, subject to allocation and/or reimbursement as provided by separate agreements between Grantor and other parties having an interest in any one or more of the parcels comprising the Property (the "Parcels" or each a "Parcel"). The Parties acknowledge and agree that Grantor is responsible for construction and maintenance of the Stormwater Facilities as a condition of development of the Property; that the Property includes multiple separate legal Parcels which may in the future be separately conveyed; and that Grantor may allocate and/or assign Grantor's interests and/or obligations with respect to the Stormwater Facilities to the respective successor owners and/or lessees of any of the Parcels in the proportions determined by Grantor, provided that no such allocation or assignment shall have the effect of terminating or releasing any obligation of Grantor to Grantee hereunder. In the event Grantor fails to comply with its {BLKPNT/0026/EASEMT/02017462.D0CX 15) 2 DOC #2023-0327913 Page 4 of 16 obligations under this Section 3, Grantee may, but is not obligated to, enter onto the Property and Easement Area for the purposes of completing Grantor's obligations hereunder. In the event Grantee exercises its rights hereunder due to the failure of Grantor to construct and/or maintain the Stormwater Facilities, Grantee's costs reasonably incurred for said construction and/or maintenance (including, if applicable, the cost of restoring any portion of the Property or improvements thereon which are disturbed or damaged thereby, as required by Section 4 below) shall be reimbursed by Grantor within sixty (60) days following receipt of Grantee's written invoice therefor, This Agreement shall not create any obligation of Grantee to notify the owner or lessee of, or perform any work on or take any actions with respect to, any separate Parcel in the event of Grantee's access, entry, or other exercise of its rights under this Agreement with respect only to another Parcel, provided that Grantee may not demand reimbursement of any costs thereby incurred from any owner or lessee to whom notice of exercise was not given in accordance with this Agreement. 4, Grantee's Entry on Property. Subject to all rights Grantee has under any applicable law to enter the Property and Easement Area pursuant to its police powers, land use authority, or otherwise, Grantee shall use best efforts to give written notice to Grantor at least ten (10) days' prior to Grantee's entry upon any part of the Property other than the Easement Area for purposes of exercising its rights hereunder with respect to the Stormwater Facilities, except in the event of emergency entry, in which case Grantee shall provide as much notice as possible and shall use its best efforts to give Grantor, written notice of the emergency no later than three (3) business days following Grantee's entry onto a portion of the Property other than the Easement Area. The notice provisions of the preceding sentence may be waived only in writing by the party otherwise entitled to notice hereunder. Subject to Grantor's rights under Section 2 of this Agreement, upon and during any use of the Easement by Grantee, Grantee and its employees, agents, representatives and contractors shall take reasonable actions to prevent or minimize any resulting impediment to or interference with access to and from and/or use of the Property by Grantor, its lessees, occupants or other users of the Property and their respective customers and invitees, and, upon completion of any work performed on the Property by or for Grantee, Grantee shall restore the affected portion of the Property, including improvements and landscaping thereon or thereto, to the same or reasonably comparable condition as existed prior to Grantee's entry, ordinary wear and tear excepted. 5. Successors; Covenants Run with Land. The Easement and all provisions of this Agreement shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the owners thereof and their permittees, and their respective successors, assigns, heirs, and personal representatives. This Agreement shall be recorded in the Official Records of Riverside County. In further explanation of the foregoing, the Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Grantor and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of Grantee and its successors and assigns, and may be enforced by Grantee and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of Grantee and its successors and assigns, and {BLKPNT/0026/EASEMT/02017462,DOCX 15) 3 DOC #2023-0327913 Page 5 of 16 the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of Grantee, without regard to whether Grantee is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of the "benefitted property" identified in this Agreement, which real property shall be deemed the benefitted property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to the said real property and running with the Property in accordance with the provisions of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of Grantee. The City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Grantor hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Grantor's interest in the Property is rendered less valuable thereby. Grantor hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 6. Amendment. The provisions of this Agreement may be amended or terminated only by a written instrument executed and acknowledged by the parties. 7. Severability. If any provision of this Agreement or the application of any provision to any person or circumstance is held to be invalid, the remainder of this Agreement or the application of the provision to other persons or circumstances shall not be affected thereby. 8. Non -Waiver. The waiver by any party of the performance of any covenant, condition or promise set forth herein, shall not invalidate this Agreement, nor shall it be considered a waiver of any other covenant, condition or promise set forth herein. The waiver by any party of the time for performance of any act shall not waive the right to require the timely performance of any identical act or any other act required to be performed at a later time, 9. Captions and References, All headings or captions herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Declaration. All pronouns and all variations thereof shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context in which they are used may require. Each reference herein to an Exhibit refers to the applicable Exhibit that is attached to this Declaration, and all such Exhibits constitute a part hereof and are expressly incorporated herein by reference. 10, Attorneys' Fees and Costs. Should any party hereto institute any action or proceeding in court to enforce any provision hereof, the prevailing party shall be entitled to receive from the losing party, such amount as the court or arbitrator, if any, may judge to be reasonable attorney' s fees and costs for the services rendered to the prevailing party whether or not such costs are specifically enumerated in California law and whether or not such action or proceeding proceeds to judgment; provided, however, that the attorneys' fees awarded pursuant to this (BLKPNT/0026/BASEMT/02017462.DOCX 15) 4 DOC #2023-0327913 Page 6 of 16'. Subsection shall not exceed the hourly rate paid by Grantee for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. 11. Construction, Law, Venue. This Agreement shall be construed as a whole in accordance with its fair meaning and not for or against any party. This Agreement shall be governed by California law without regard to conflict of law principles. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action'shall be vested exclusively in Riverside County. 12. Execution, Further Assurances. Each individual executing this Agreement on behalf of a trust or entity represents and warrants that he or she is duly authorized to execute and deliver the same in accordance with the governing documents of that trust or entity, and that this Agreement is binding upon that trust or entity in accordance with its terms. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each party agrees to execute and acknowledge, where required, such other further documents and instruments as may be necessary to consummate the transactions contemplated by this Agreement, [Remainder of page intentionally left blank — signatures appear on following pages] {BLKPNT/0026/EASEMT/02017462.DOCx 15) 5 DOC #2023-0327913 Page 7 of 16 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the Effective Date written above. GRANTOR: BP DUNE PALMS LP, a California limited partnership By: Blackpoint Properties, LLC, a California limited liability company, its General Partner By: Jeff Halbert, Manager 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 ) On c1\l Lr 3o , 2023 before me, • , Notary Public, personally appeared ')Qk - }\q \ crV , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A. BECK k• COMM. #2408137 m W � �; NOTARY PUBLIC • CALIFORNIA SONOMACOUNTY • -+ My Corrin. F�Iroa Juno 18, 2028 [signatures continued on next page] {BLKPNT/0026/EASEMT/02017462.1)0CX 15} 6 DOC #2023-0327913 Page 8 of 16 GRANTEE: THE CITY OF LA QUINTA, a California municipal corporation c illen, City Manager Monika Radeva, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney 10730/A0/ 3 (BLKPNT/0026/EASEMT/02017462.DOCX 15) 7 DOC #2023-0327913 Page 9 of 16 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 October 30 , 2023 before me, Monika Radeva , Notary Public, personally appeared Jon McMillen , 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 sante in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature InLKPNT/0026/EASEMT/02017462.DOCX 15) 8 MQNII(A RADEVA Notary Public . California Riverside County Commission # 2334260 My Comm. Expires Oct 22, 2024 DOC #2023-0327913 Page 10 of 16 Certificate of Acceptance CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance is to certify that the interest in real property conveyed by the Easement Agreement dated October 30, 2023 , from BP Dune Palms LP, a California limited partnership ("Grantor"), to the CITY OF LA QUINTA, a California municipal corporation and charter city ("Grantee"), is hereby accepted by order of the CITY OF LA QU[NTA pursuant to authority conferred on by Resolution No. 2012-008, adopted by the Grantee's City Council on April 17, 2012, and Grantee hereby consents to recordation thereof by its duly authorized officer. Date: October 30, 2023 "GRANTEE" CITYF LA QUINTA By: Joen, City Manager 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 October 30, 2023 , before me, Monika Radeva (insert name and title ()Me officer) Notary Public, personally appeared Jon McMillen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MONIKA RADEVA Notary Public • California Riverside County Commission N 2334260 My Comm,, Expires Oct 22, 2024 Signature (Seal) 1f3LKPNT/0026/EAS EMT/020I7462.DOCX 15) 9 DOC #2023-0327913 Page 11 of 16 CONSENT OF MORTGAGEE Texas Exchange Bank, a Texas bank ("Mortgagee") is the current holder of the beneficial interest under a Deed of Trust dated October 31, 2023 and recorded October 31, 2023 as Document No. 2021- , Official Records of Riverside County, California ("Deed of Trust"). The Mortgagee hereby consents and subordinates its Deed of Trust to the Easement, granted by the Easement Agreement to which this Consent is attached, and Mortgagee hereby• agrees that in the event of a foreclosure of the Deed of Trust, the Easement shall survive that foreclosure and remain binding upon the subject real property and all subsequent owners thereof. Executed as of this Slay of October, 2023,r MORTGAGEE Texas Excha a Texas b e Bank By: 7Sw4-4,'4.4/ Its: Cel 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 724 ,4'i ' ) County of 774A-44,07) On e)�706 .� , 2023 before me, ' �" ��� , Notary Public, • personally appeared $ / ,5"414 44 ✓a..„ , , 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. 1 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 {}3LKPNT/0026/EASEMT/020I7462.DOCX 15) 1 DOC #2023-0327913 Page 12 of 16 Exhibit A Legal Description of the Property Real property in the City of La Quinta, County of Riverside, State of California, des8ribed as follows: Parcels 1, 2, and 3 of Parcel Map No. 38668 filed on October 25, 2023 in the Office of the Recorder of Riverside County in Book 257 of Parcel Maps at Pages 35-39. {BLKPNT/0026/EASEMT/02017462.DOCX 15} A-1 DOC #2023-0327913 Page 13 of 16 PAGE I OF 2 IN THE CITY OF LA OUINTA EXHIBIT "B" STORM WATER EASEMENT (LEGAL DESCRIPTION) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL, AS DESCRIBED IN DEED TO THE COACHELLA VALLEY WATER DISTRICT, RECORDED MARCH 6, 1962 AS INSTRUMENT NO. 20717 IN BOOK 3091, PAGE 227 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 31143, AS PER MAP FILED IN BOOK 216, PAGES 69 THROUGH 71, INCLUSIVE OF PARCEL MAPS; THENCE, ALONG THE NORTHERLY LINE OF STATE HIGHWAY 1 1 1 (70 -FOOT HALF -WIDTH) AS SHOWN ON SAID PARCEL MAP NO. 31143, SOUTH 89°58'03" WEST 25.01 FEET; THENCE, NORTH 00°01'57" WEST 3.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, SOUTH 89°58'03" WEST 197.71 FEET; THENCE, NORTH 00°01'57" WEST 21.38 FEET; THENCE, SOUTH 89°58'03" WEST 55.00 FEET; THENCE, SOUTH 00°01'57" EAST 21.38 FEET; THENCE, SOUTH 89°58'03" WEST 94.27 FEET TO TI -IE NORTHERLY LINE OF GRANT DEED TO THE CITY OF LA QUINTA, A MUNICIPAL CORPORATION RECORDED FEBRUARY 26, 2007 AS INSTRUMENT NO. 2007-0130621 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 439.99 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 06°39'44" WEST; THENCE, NORTHWESTERLY 7.17 FEET ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00°56'01" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 463.99 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 07°35'45" EAST; THENCE, NORTHWESTERLY 16.73 FEET ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 02°03'56"; THENCE, NORTH 00°01'57" WEST 60.18 FEET; THENCE, NORTH 89°58'03" EAST 118.00 FEET; THENCE, SOUTH 00°01'57" EAST 31.62 FEET; THENCE, NORTH 89°58'03" EAST 55.00 FEET; THENCE, NORTH 00°01'57" WEST 9.56 FEET; THENCE, NORTH 89°58'03" EAST 187.63 FEET; THENCE, NORTH 00°08'46" WEST 550.12 FEET TO THE SOUTHERLY LINE OF GRANT DEED TO COACHELLA VALLEY WATER DISTRICT RECORDED MARCH 6, 1962 IN BOOK 3091, PAGE 227 AS INSTRUMENT NO. 20717 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,164.93 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 10°09'33" WEST; THENCE, SOUTHEASTERLY 10.17 FEET ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00°11'03"; P:\CFA22048\Reports\legal descriptions\Iegal-storm water easernent.docx DOC #2023-0327913 Page 14 of 16 Exhibit C Easement Area THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL, AS DESCRIBED IN DEED TO THE COACHELLA VALLEY WATER DISTRICT, RECORDED OCTOBER 6, 1923 IN BOOK 591, PAGE 223 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 31143, AS PER MAP FILED IN BOOK 216, PAGES 69 THROUGH 71, INCLUSIVE OF PARCEL MAPS; THENCE, ALONG THE NORTHERLY LINE OF STATE HIGHWAY 111 (70 -FOOT HALF -WITH) AS SHOWN ON SAID PARCEL MAP NO. 31143, SOUTH 89°58'03" WEST 25.01 F1 ET; THENCE, NORTH 00°01'57" WEST 3.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, SOUTH 89°58'03" WEST 197.71 FEET; • THENCE, NORTH 00°01'57" WEST 21.38 FEET; THENCE, SOUTH 89°58'03" WEST 55.00 FEET; THENCE, SOUTH 00°01'57" EAST 21.38 FEET; THENCE, SOUTH 89°58'03" WEST 94.27 FEET TO THE NORTHERLY LINE OF GRANT DEED TO THE CITY OF LA QUINTA, A MUNICIPAL CORPORATION RECORDED FEBRUARY 26, 2007 AS INSTRUMENT NO. 2007-0130621 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 439.99 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 06°39'44" WEST; THENCE, NORTHWESTERLY 7.17 FEET ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00°56'01" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 463.99 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 07°35'45" EAST; THENCE, NORTHWESTERLY 16.73 FEET ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 02°03'56"; THENCE, NORTH 00°01'57" WEST 60.18 FEET; THENCE, NORTH 89°58'03" EAST 118.00 FEET; THENCE, SOUTH 00°01'57" EAST 31.62 FEET; THENCE, NORTH 89°58'03" EAST 55.00 FEET; THENCE, NORTH 00°01'57" WEST 9.56 FEET; THENCE, NORTH 89°58'03" EAST 187.63 FEET; THENCE, NORTH 00°08'46" WEST 550.12 FEET TO THE SOUTHERLY LINE OF GRANT DEED TO COACHELLA VALLEY WATER DISTRICT RECORDED MARCH 6, 1962 IN BOOK 3091, PAGE 227 AS INSTRUMENT NO. 20717 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,164.93 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 10°09'33" WEST; THENCE, SOUTHEASTERLY 10.17 FEET ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00°11'03"; THENCE, ALONG A NON -TANGENT LINE, SOUTH 00°08'46" EAST 589.27 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF APPROXIMATELY 21,533 SQUARE FEET OR 0.494 ACRE. {BLKPNT/0026/EASEMT/02017462.D0CX 15) C-1 DOC #2023-0327913 Page 15 of 16 AS SHOWN ON TH.E ATTACHED EXHIBIT "13" AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORD, IF ANY. LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: {BLKPNT/0026/EASEMT/02017462.DOCX 15} C-2 DOC #2023-0327913 Page 16 of 16 ' MNAltaFX �..._ �' ="' NO. 9281 7n� Y,Iy, BASIS OF BEARINGS: THE BEARING OF N8956'OJ'E FAR THE CENTERLINE OF STATE HIGHWAY 111 AS SHOWOV PARCEL MAP N2 31144 BLED IN ROOK 21S PAGES 69 THROUGH 71, INCLUSIVE OF PARCEL MAPS, RECORDS OP RIVERSIDE COUNTY,, WAS USED AS THE BASIS Or BEARINGS FOR THIS EXHIBIT. ` pro 4 ` P PI OP 0 $ D-- 1:6-4 s'" PARCEL MAP NOS. 88818141filia-‘1° 41:4/42 NOTES: PROPO$ED PARCEL V AO SOUTHALS.T CORNDR of PARCEL 1 OF PARCEL MAP NO. 31/44 ROOK 214 PAGES 69 1I4ROWH 71, INCLUSIVE OF PARCEL MAPS ® WESTERLY UNE OF PARCEL MAP .NO 31143, ROOK 216, PACE'S 69 THROUGH 71, INGLU57VE OF PARCEL MAPS © PROPOSED 26' ME ROAD AICESS EASEMENT RESERVED ON PARCEL MAP .N0. 36666. SOUTH LAVE OF N,E QUARTER OF SECTION 29, T5S, R 7E. 0 PROPOSED 73' NIDE smEn e .HIGHWAY DEDICATION IN FAVOR OF arY OF IONTA PER PARCEL MAP NO. 38666. 0 SOUTHERLY LAE OF GRANT DEED TD COACHELLA VALLEY WATER DISTRICT RECORDED MARCH 4 1962 IN ROOK 309T, PAGE 227 AS INSTRUMENT N1? 20717 1F OFRCYAL RECORDS CURVE DATA TABLE CURVE orgA 'mow allow C1 00'5601' 43999 Z17' • C2 021-1356' 463,99' 16.73' LINE DATA TABLE LIVE E ARWO O1STANcE LI Nal '01'57"W 21.38'— L2 N8958'03' , 5.00' L3 NOO'01 '57''W 31,62" L4 IMO -01'57'W 9,56' ti S10'09'33"W (RADIAL) S09.58'30 "W ,, ?RADIAL) 10, x©=00'11'03" R=3,164.93' L=10.17' kiji\ Pil 1~ T h� 1 ul •fi 2 -4 EC PPRDP'O9ED PAROL 8 LINE DATA TABLE /JAC EiEARIN1r £7 Su re L5 I 109 n • 2501 L6 N0017157IV 100' PFIOP0$ ED P.1 ROLL • N89'58'03 "E 118.00' NO0'01 '57"W 60.18' N05"31 '49"L" (RADIAL)• • C2 11 N89'SB'03 "E NO7'35'45 "E _ JL a6.39'44 "w N89°58'03'1" 187.63' P.R.C. ?RADIAL) (RADIAL) —' `1 J NOTE: srATE HIGHWAY 111 AS DESCRIBED ON TILE ATTACHED EXHIBIT "C" AND BY THIS REFERENCE MADE A PART THEREOF: V% INDICATES AREA 1r EASEMENT AREA OF EASEMENT = 21,533 SQUARE FEET Prepared by STORM WATER EASEMENT C their andAs:mobil, • Grid' '.. tar/ orad Lard hl, ,.., Cl. Ma WI ow) 1 aai ..:rw.can {I3LKPNT/0026/EASEMT/02017462,DOC X 15) C-3 STORM WATER EASEMENT IN THE CITY OF LA QUINTA oRA904: Cl. Ma WI PAGE 1 CC 1 DIP220113 XHIBI T "C-1" DALE. 9-7-23 CATE: 9--7-23 {I3LKPNT/0026/EASEMT/02017462,DOC X 15) C-3