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2023-11-02 BP Dune Palms - Easement & CC&Rs Declaration DOC # 2023-0327914PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: POELFfy NAi TONAL T ITLE 0gahirf CQUINITY AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENTS TO: BP DUNE PALMS 1129 INDUSTRIAL AVE., 205 PETALUMA, CA 94592 DOC # 2023-0327914 11/02/2023 01:58 PM Fees: $77.00 Page 1 of 22 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 DECLARATION OF EASEMENT, COVENANTS, CONDITIONS AND RESTRICTIONS } Title of Document 1_0 60 T RA: 020-026 DTT: 0 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. 0112018) Available in Alternate Formats *DOC #2023-0327914 Page 2 of 22 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: BP Dune Palms LP 1129 Industrial Ave, Suite 205 Petaluma, CA 94592 Attn: Jeff Halbert APN600.030-038 SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS Highway 111 & Dune Palms Road, La Quinta, CA This Declaration of Easements, Covenants, Conditions and Restrictions ("Declaration") is made effective as of October 31, 2023, by BP Dune Palms LP, a California limited partnership ("Declarant"). Recitals A. Declarant is the Owner of that certain real property (the "Property") situated on the northeast corner of Highway I I I 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. The Property includes three separate parcels designated Parcels 1, 2, and 3 as depicted on Exhibit B attached hereto and incorporated herein by this reference. B. Declarant and the La Quinta Housing Authority, a public body, corporate and politic ("LQHA") have entered into 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 "LQHA Purchase Agreement") pursuant to which Parcel 1(the "Housing Parcel") will be acquired by LQHA and developed for use as affordable housing/housing for low- and moderate -income households with appurtenant residential amenities. The LQHA Purchase Agreement is a public record 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. C. Parcel 2 (the "CFA Parcel") has been leased to Chick-Fil-A, Inc., a Georgia corporation ("CFA") pursuant to that certain Ground Lease dated April 21, 2023 (as may be subsequently amended, and any successor lease or replacement thereof by CFA or its successor - in -interest as "Tenant" under that original Ground Lease, collectively, the "CFA Lease") by and between Declarant as the Landlord and CFA as the Tenant, pursuant to which the CFA Parcel will (BLKPNT/0026/DEC/02031946.DOCX 13) DOC #2023-0327914 Page 3 of 22 be developed for use as, and occupied and used by CFA for, a quick service restaurant with a drive- thru. D. Parcel 3 (the "QQ Parcel") has been leased to Quick Quack Car Wash Holdings, LLC ("QQ") pursuant to that certain Ground Lease dated for reference February 2, 2023 (as may be subsequently amended, the "QQ Lease") by and between Declarant as the Landlord and QQ as the Tenant, pursuant to which the QQ Parcel will be developed for use as, and occupied and used by QQ for, a retail car wash facility. E. The CFA Parcel and the QQ Parcel are jointly referred to herein as the "Retail Parcels". The CFA Lease and QQ Lease are each subject, by their respective terms, to the easements, covenants, conditions, and restrictions set forth in this Declaration. F. The Property is subject to, and benefits from, that certain Reciprocal Easement and Access Agreement dated January 6, 2006 and recorded on March 28, 2006 as Document No. 2006- 0219365 (the "2006 REA") concerning the access drive referred to therein as the "Driveway", which is depicted on Exhibit B hereto and referred to herein as "Business Drive". G. The Property is subject to that certain Easement Agreement entered into by and between Declarant, as the Grantor, and the City of La Quinta ("City"), as the Grantee, recorded •ear Oct as Document No. 2023- �}C, (the "Stormwater Easement") concerning the obligation of Declarant, for the benefit of the City, to use the Easement Area (as defined therein) for stormwater management and treatment facilities, referred to therein as the "Stormwater Facilities", which Stormwater Facilities are to be constructed by Declarant and maintained as provided in the Stormwater Easement and this Declaration. H. Among other terms and conditions, the LQHA Purchase Agreement provides for a reciprocal easement agreement, referred to therein as the "REA", to encumber Parcel 1, Parcel 2, and Parcel 3 of the Property to provide for cross access easements and other covenants, conditions, and restrictions specified therein. This Declaration is intended to be and serves as the "REA" as defined in the LQHA Purchase Agreement. I. Declarant, for itself and its successors and assigns, desires to subject each and every portion of the Property to the covenants, conditions, and restrictions set forth herein and to establish the easements described in this Declaration for the benefit of the present and future Owners, Lessees, and other permitted users of the Housing Parcel and the Retail Parcels. NOW, THEREFORE, for the purposes set forth above, Declarant hereby declares that the Property, and any and all portions thereof and interests therein, shall be held, sold, leased, and conveyed subject to the easements, covenants, conditions, and restrictions set forth herein. Article 1 Definitions 1.1 Recitals, Definitions Generally. The foregoing Recitals are incorporated herein by reference and made a part of this Declaration for all purposes. Capitalized terms used herein shall have the meanings set forth in the introductory paragraph, the Recitals, this Article, or other sections or provisions of this Declaration. Plural forms of terms defined in the singular and vice Z ; (8LKPNT/0026/DEC/02031946.D0CX 13) 2 DOC #2023-0327914 Page 4 of 22 versa, and all tenses or other forms of defined verbs, shall have the appropriate corresponding meaning. 1.2 Business Drive. "Business Drive" is the existing private access drive identified as Business Drive on Exhibit B, which is referred to in the 2006 REA as the "Driveway", together with all associated walkways, curbs and curb cuts, ramps, swales, drains, asphalt, striping, landscaping, signage and similar improvements, and all facilities or systems for the transmission of water, sewage, power, telecommunications and other utilities which lie on the Property and/or are encompassed by the Utility Easement granted in the 2006 REA. 1.3 Common Improvements. "Common Improvements" means Main Drive, the Main Drive Stormwater Device, the Stormwater Facilities, that portion of Business Drive located on the Property, and any and all Utility Lines serving more than one Parcel. 1.4 Leases and Lessees. "Lease" means a lease or rental agreement for any part of a Parcel, including without limitation the CFA Lease and the QQ Lease identified in the Recitals, for so long as the same remains in full force and effect. "Lessee" means each lessee or tenant under any Lease, including any subtenant or other party in possession authorized to occupy any part of a Parcel for the uses set forth in a Lease. The respective rights of an Owner and its Lessee(s), as between those parties, shall be governed by the terms of the applicable Lease to the extent not in conflict with this Declaration, but all Leases are and shall be subject and subordinate to the terms and provisions of this Declaration. 1.5 Main Drive. "Main Drive" is a driveway or drive aisle, together with all associated walkways, curbs and curb cuts, ramps, swales, drains, asphalt, striping, landscaping, signage and similar improvements, and facilities or systems for the transmission of water, sewage, power, telecommunications and other utilities, to be constructed by Declarant in or upon that portion of the Property identified as the Main Drive on Exhibit B and more particularly described in Exhibit C attached hereto and incorporated herein by this reference. Main Drive is located on the Housing Parcel. 1.6 Main Drive Stormwater Device. The "Main Drive Stormwater Device" is a device for surface water catchment, detention, and/or treatment to be constructed by Declarant, pursuant to the terms and conditions of the LQHA Purchase Agreement, in or upon that portion of the Housing Parcel identified as the Main Drive Stormwater Easement Area on Exhibit B and more particularly described in Exhibit D attached hereto and incorporated herein by this reference. 1.7 Owner. "Owner" means the fee title owner of any one or more Parcels, or any other portion of the Property (including without limitation Declarant and, upon its acquisition of the Housing Parcel, LQHA), and all successors and assigns who hold title thereto, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance thereon. 1.8 Parcel. "Parcel" means each separately identified parcel of real property now constituting a part of the Property described on Exhibit A, and depicted for identification purposes on Exhibit B, as the same may be modified by subdivision, merger, and/or lot line adjustments. Certain Parcels may be referred to herein by the names set forth in the Recitals. (BLKPNT/0026/DEC/02031946.D0CX 13) 3 DOC #2023-0327914 Page 5 of 22 1.9 Permittee. "Permittee" means each Lessee and each employee, agent, contractor, customer, invitee and licensee of any Owner or Lessee. 1.10 Person. "Person' means an individual, general partnership, limited partnership, limited liability company, corporation, trust (including any beneficiary thereof), estate, real estate investment trust association, unincorporated organization, government (including any agency or other political subdivision thereof), or any other entity. 1.11 Stormwater Easement and Stormwater Facilities. "Stormwater Facilities" means the stormwater management and/or treatment facilities to be constructed by Declarant as described in the Stormwater Easement identified in Recital G above, and includes, without limitation, detention ponds or basins and related facilities located on the Retail Parcels and outflow channels or pipelines located adjacent to Business Drive, as depicted on Exhibit B hereto, in the "Easement Area" more particularly described and defined in the Stormwater Easement. 1.12 Utility Lines. "Utility Lines" means any and all facilities and systems (including without limitation curbs and swales, drains, pipes, conduits, wiring, cables, poles, connectors, transformers, control panels, the Main Drive Stormwater Device, and the Stormwater Facilities, together with related fixtures or equipment) for the provision or transmission of utility services, including without limitation surface or storm water drainage, sewerage, water supply, irrigation, electricity, gas, and telecommunications, to or through any part of the Property. All Utility Lines installed pursuant to or in the location of an easement granted by Declarant or any other Owner to the supplier of any public utilities or other utility services, unless located entirely on and serving exclusively a single Parcel, shall be deemed a part of the Common Improvements. Article 2 Easements 2.1 Grant of Easements. Subject to the express conditions, limitations and reservations contained in this Article 2 and other provisions of this Declaration, Declarant hereby grants, establishes, and imposes on the Parcels and all present and future Owners, Lessees and other Permittees, each of the easements set forth in this Section 2.1. 2.1.1 Main Drive. Declarant, for itself and its successors and assigns as Owner of the Housing Parcel, hereby grants to the Owners of the Retail Parcels for the benefit of all present and future Owners, Lessees and other Permittees, a non-exclusive easement for vehicular and pedestrian ingress and egress upon, over and across Main Drive, for the purpose of passage between the Parcels and to and from all abutting streets, driveways (including without limitation Business Drive) and other rights of way. 2.1.2 Business Drive. Declarant, for itself and its successors and assigns as the Owner of those portions of the Property on which Business Drive is located, hereby grants and establishes, for the benefit of all present and future Owners, Lessees and other Permittees of any and all other portions of the Property, non-exclusive easements upon, over, through and across Business Drive, for vehicular and pedestrian ingress and egress, and for construction, installation, and maintenance of subsurface water and sewer facilities and surface storm drain facilities, all to the same extent described in and subject to the same terms and conditions set forth in the 2006 REA. {BLKPNT/0026/DEC/02031946.DOCX 13) DOC #2023-0327914 Page 6 of 22 2.1.3 Utili!y Lines. Each Owner hereby grants to the other Owners, for the benefit of all present and future Owners, Lessees and other Permittees, a non-exclusive easement under, through and across that portion of the Common Improvements lying on or in the granting Owner's Parcel, together with such adjacent areas as may be reasonably necessary for access thereto, for the installation, connection to, operation, maintenance, repair and replacement of Utility Lines (including without limitation the Main Drive Stormwater Device and the Stormwater Facilities) serving the benefitted Parcel. 2.1.4 Construction. Each Owner hereby grants to the other Owners, for the benefit of all present and future Owners and Permittees, reciprocal non-exclusive easements over and across any undeveloped land and/or driveways located on the granting Owner's Parcel for ingress, egress and movement (but not parking) of construction vehicles and equipment for the development and construction of buildings, Utility Lines, and other improvements on the applicable Parcel, subject to the following restrictions: (a) the rights granted herein shall at all times be exercised in such a manner as not to materially interfere with construction activities upon, or the normal operation of the business conducted upon, any granting Owner's Parcel; (b) the Owner exercising these easement rights shall provide each granting Owner with prior written notice describing the general scope of and schedule for its intended access to or passage across the granting Owner's Parcel, shall cause the completion of the work requiring access to a granting Owner's Parcel as quickly as possible, shall promptly pay all costs of that work, shall indemnify and hold harmless all other Owners from any mechanic's liens or lien claims arising from that work, and shall cause the clean-up of any debris on and the repair of any damage to the granting Owner's Parcel (including without limitation damage to pavement, curb cuts, entrances and exits, access ways, drive aisles and roadways) resulting from the exercising Owner's construction activities so as to restore the granting Owner's Parcel to a condition that is equal to or better than the condition that existed prior to the commencement of the exercising Owner's work; and (c) the easement granted in this Section 2.1.4 shall be temporary and shall automatically terminate upon completion of the initial construction of improvements on the grantee Owner's Parcel, provided that in the event said initial improvements on any Parcel are materially damaged or destroyed by an event of casualty, condemnation, or other cause outside the control of the affected Owner, the temporary construction easement granted herein shall, upon reasonable notice given by the exercising Owner, be'renewed and reinstated for the purpose and during the course of restoration or reconstruction of improvements on the damaged Parcel. 2.2 Protected Areas. Following the initial construction of the Common Improvements, no Owner shall make, permit, or consent to any alterations, removal or relocation of any of the Common Improvements, except as may be mutually agreed by all Owners and subject to all applicable laws and all applicable conditions of the 2006 REA, the Stormwater Easement, and any other easements or restrictions of record. Except in the event of an emergency, or for such other temporary periods as may be reasonably necessary for the maintenance, repairs, or reconstruction of the improvements therein, or to prevent a public dedication thereof or prescriptive rights from accruing therein, no Owner or Lessee shall block, fence, close, or otherwise obstruct any part of the Common Improvements. No building or other permanent structure, trees or other improvements inconsistent with the use and enjoyment of the easements granted in Section 2.1 shall be placed over or permitted to encroach upon the Common Improvements. (BLKPNT/0026/DEC/02031946.D0CX 13) DOC #2023-0327914 Page 7 of 22 2.3 Reasonable Use. All easements granted in Section 2.1 above shall be used and enjoyed by each benefitted Owner and Lessee in such a manner as not to unreasonably interfere with or obstruct the operations of any other Owner, Lessee or other Permittee or their ordinary use of any Parcel, including without limitation public access to and from any business conducted on a Retail Parcel, and the receipt or delivery of merchandise in connection therewith. The right of any Owner to enter upon a Parcel of another Owner for the exercise of any right pursuant to the easements set forth in this Article, or to prosecute work on the Owner's own Parcel if the same interferes with the exercise of the rights granted herein to or in favor of another Owner's Parcel (collectively herein referred to as "Work") shall be undertaken only in such a manner so as to minimize any interference with the business of other Owners and their Permittees, and, except in an emergency, before entering upon any other Owner's Parcel for the exercise of any right granted in Section 2.1, an Owner shall give to that other Owner reasonable prior advance written notice of the time and manner of entry. Except as otherwise specifically provided in this Declaration, no affirmative monetary obligation shall be imposed upon any Owner affected by another Owner's Work, and the Owner undertaking Work shall with due diligence repair at its sole cost and expense any and all damage caused thereby and restore the affected portion of the Parcel upon which the Work is performed to a condition which is equal to or better than the condition which existed prior to the commencement of the Work. In addition, the Owner undertaking any Work shall pay all reasonable costs and expenses associated therewith and shall indemnify, defend and hold harmless the other Owner(s) and its Permittees from all damages, losses, liens or claims attributable to the performance thereof. 2.4 Indemnification. Each Owner having rights with respect to an easement granted hereunder (the "exercising Owner") shall indemnify, defend and hold harmless the Owner whose Parcel is subject to the easement and that Owner's Lessees and other Permittees from and against all causes of action, claims, liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and court costs), liens and claims of lien arising out of the negligent, intentional or willful acts or omissions of the exercising Owner and its Permittees. 2.5 No Public Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of any Parcel to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided with respect to Lessees and other Permittees, no rights, privileges or immunities of any Owner hereto shall inure to the benefit of any third party nor shall any third party be deemed to be a beneficiary hereof. Article 3 Maintenance, Insurance and Taxes 3.1 Owner Maintenance Covenants. Until such time as improvements are constructed on a Parcel, the Owner thereof shall maintain the entire Parcel in a clean and neat condition and shall take commercially reasonable measures as necessary to control grass, weeds, blowing dust, dirt, litter and debris. Before, during, and after such time as improvements are constructed on a Parcel, each Owner covenants to keep and maintain, or cause to be kept and maintained, at its sole cost and expense, all buildings and other improvements located on its own Parcel in good order, condition and repair, and to comply with all applicable governmental requirements in connection therewith. {BLKPNT/0026/DEC/02031946.D0CX 13) DOC #2023-0327914 Page 8 of 22 3.2 Maintenance of Common Improvements. Following completion of the initial construction and installation by Declarant of the driveway, Utility Lines and other improvements constituting Common Improvements, the Owner of each Parcel shall keep and maintain, or cause to be kept and maintained in good order, condition and repair all portions of the Common Improvements located on its own Parcel, at its sole cost and expense. LQHA shall maintain Main Drive, the Main Drive Stormwater Device, and those portions of Business Drive and of the Stormwater Facilities located on the Housing Parcel. An Owner may provide in an operative Lease that the Lessee is responsible for the maintenance of the Common Improvements located on the Owner's leased Parcel as required hereunder. Pursuant to the terms of the CFA Lease, for so long as the CFA Lease is in effect, CFA shall maintain those portions of the Stormwater Facilities located on the CFA Parcel; and pursuant to the terms of the QQ Lease, for so long as the QQ Lease is in effect, shall maintain those portions of Business Drive and of the Stormwater Facilities located on the QQ Parcel. The foregoing maintenance obligations shall include, without limitation, to the extent applicable to the Common Improvements and Easement Areas located on the respective Parcels, the obligation to: (a) Maintain, repair and replace the paved surfaces of driveways and walkways such that they are smooth and evenly covered with surfacing and striping materials of the same quality, appearance, and durability as originally constructed, and periodically wash or sweep all paved areas to the extent necessary to maintain the same in a clean, safe and orderly condition; (b) Trim, water, mow and weed landscaped areas and plantings in, around or adjacent to driveways, walkways, detention basins and otherwise within the easement areas described herein and maintain the irrigation systems serving the landscaped areas; (c) Remove all graffiti and unsightly markings contributing to a blighted appearance of the Parcel, unpermitted signage, trash, papers, mud and sand, debris and other refuse; (d) Maintain lighting fixtures, signage, safety barriers, screens and gates, and other fixtures and equipment required for or relating to safe and orderly usage of the Common Improvements; and (e) Maintain all Stormwater Facilities in good working order free of all debris, obstructions, leakage, and other hazards; and (f) Maintain all Utility Lines free of obstructions, leakage, and safety hazards, as necessary for the ordinary operations of the improvements existing on and businesses occupying the Property. 3.3 Required Insurance Coverages. The Owner of the Housing Parcel, as to the portions of the Housing Parcel encompassed by the easements granted in Article 2 hereof, and each other Owner, as to its own Retail Parcel and the easements and Common Improvements located thereon, shall maintain or cause to be maintained in full force and effect at least the minimum insurance coverages in the amounts set forth below: (8LKPNT/0026/DEC/02031946.D0CX 13) DOC #2023-0327914 Page 9 of 22 (a) Commercial General Liability Insurance with a combined single limit of liability of Two Million Dollars ($2,000,000.00) per occurrence and at least Three Million Dollars ($3,000,000) in the aggregate for bodily injury, personal injury and property damage, including contractual liability arising under the indemnity set forth in Section 2.4 above; (b) Workers' compensation insurance as required by California law and any other applicable law or regulation; and (c) Property insurance with "Special Form" coverage providing one hundred percent (100%) of full replacement cost of that portion of the Common Improvements located on its Parcel. Each Owner shall name each other Owner, as additional insureds on each of the policies required hereunder, and shall deliver certificates evidencing the same to any Owner promptly upon request. As used in this Section, "Owner" shall also refer to any Lessee of a Retail Parcel if the Lessee has assumed responsibility for obtaining all necessary insurance coverages pursuant to the terms of its Lease, and has provided to the other Owners reasonable evidence thereof. 3.4 Taxes and Assessments. Each Owner shall pay or cause to be paid prior to delinquency all property taxes, assessments, and similar charges of any type levied by any governmental body or agency with respect to its Parcel, including without limitation that portion of the Common Improvements located on its Parcel. Article 4 Use Restrictions 4.1 Lawful Use: Nuisances. Each Parcel shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental authorities, ordinances, laws, codes, and regulations. No Owner shall use or permit the use of its Parcel, or any portion thereof, whether by a Lessee or otherwise, for the conduct of any offensive, noisy or dangerous trade, business, manufacturing activity or occupation, or for any activity which substantially interferes with the business of or use of the Property by any other Owner or any Perinittee. 4.2 General Use Restrictions. The Retail Parcels shall be used and occupied only for the operation of retail businesses consistent with those customarily conducted on similarly situated properties in La Quinta, California, and the Housing Parcel shall be used and occupied only for residential use (provided that this Declaration does not prohibit or restrict the use of residences for otherwise permitted secondary business or commercial purposes). In no event shall any part of the Property be used as or for any of the following: flea market, pawn shop, thrift store or other business selling or renting used goods; bar, pub, nightclub, music hall or disco in which less than 50% of gross revenue is derived from food service; bowling alley, skating rink, billiard or pool hall, or bingo parlor; arcade, pinball or video/computer game room (except that otherwise permitted businesses may incidentally operate up to six electronic games); carnival, amusement park, or circus; race track or off-track betting parlor; head shop or other business selling paraphernalia for use with illicit drugs; marijuana dispensary; massage parlor (which shall not be construed to mean a business of the type commonly referred to as a "day spa" such as Massage Envy); "adult" book store or other business primarily for the sale or display of pornographic (BLKPNT/0026/DEC/02031946.D0CX 13) DOC #2023-0327914 Page 10 of 22 material or entertainment; theater of any kind, banquet hall, auditorium or other place of public assembly (except for public park or similar uses on the Housing Parcel as may be permitted by applicable law); funeral home or parlor; training or educational facility (including, without limitation, a beauty school, barber college, reading room, driving school, or other facility catering primarily to students or trainees rather than customers, except that private tutoring centers for schoolchildren, such as Kumon and C2 Education, shall be permitted, and except that this Declaration does not prohibit licensed childcare facilities and/or schools on the Housing Parcel to the extent otherwise permitted by applicable law); hotel or residential facility (except for residential uses on the Housing Parcel as permitted by applicable law); sale of new or used motor vehicles, motorcycles, trailers or mobile homes; auto repair or body shop (provided that a car wash, quick oil change shop, retail tire store, and auto parts store shall all be permitted); gas station; gun range or gun shop; any use that creates fire, explosive or other incendiary hazards; any use which emits offensive odors, fumes or dust (excluding customary odors associated with permitted restaurant uses), creates a public or private nuisance or emits loud noises and sounds which are objectionable to reasonable persons; warehousing; a call center; and non -retail uses of the Retail Parcels except as incidental to a primary retail operation and except for banks, credit unions, financial service companies, tax preparers, medical and dental clinics and offices (including dialysis clinics, urgent care facilities, dentists, optician and optometrist offices), travel agencies, title insurance or escrow offices, and other commercial users commonly seen in first-class retail shopping centers. 4.3 Drive-Thru Facilities. Subject to applicable law and the conditions and requirements of applicable development approvals and/or building permits, the Owner or Lessee of a Retail Parcel shall be permitted to construct or install, maintain, operate, and use drive-thru lanes and associated outdoor signage and order/pickup communication devices for its business located on that Retail Parcel ("Drive-Thru Activities") in a manner consistent with that of comparable businesses as customarily conducted on similarly situated properties in La Quinta, California, and provided that the business conducts the Drive-Thru Activities as so permitted, then notwithstanding any impacts arising from sounds, odors, traffic, and similar effects thereof, the Drive-Thru Activities shall not be deemed to be a nuisance nor to create interference with the use of the Property (including the Main Drive and Business Drive) by any other Owner or Permittee which constitutes a violation of Section 4.1 or Section 4.2. The foregoing provision shall not, however, impair the police powers of the City with respect to any public nuisance created by a violation of applicable law and/or applicable development conditions on a Retail Parcel. 4.4 No Cross Parking. Each Parcel shall independently be improved with and include the number and type of parking spaces required by applicable law, without a variance and without reliance upon any space located on any other portion of the Property, for the use or uses occupying that Parcel. No Owner, Lessee, or Permittee of any Parcel has a right under this Declaration to park any vehicle on another Parcel. 4.5 CFA Exclusive Use. No portion of the Property other than the CFA Parcel will, for so long as the CFA Lease is in effect, be leased, used or occupied as a restaurant selling or serving chicken as a principal menu item. As used herein, "a restaurant selling or serving chicken as a principal menu item" means a restaurant deriving twenty-five percent (25%) or more of its gross sales from the sale of chicken. A "restaurant" includes any business establishment, including, without limitation, a kiosk, stand, booth, food truck or area located inside another business facility. (BLKPNT/0026/DEC/02031946.D0CX 13) DOC #2023-0327914 Page 11 of 22 Additionally, no portion of the Property other than the CFA Parcel will, for so long as the CFA Lease is in effect, be leased, used, or occupied by or for any of the following uses: McDonald's, Arby's, Boston Market, Popeye's, Raising Cane's, Super Chix, Birdcall, Church's, Bojangles, Mrs. Winner's, Chicken Out, Zaxby's, Buffalo Wild Wings, Ranch One, El Polio Loco, Polio Campero, Polio Tropical, Raise the Roost Chicken & Biscuits, Chester's, Bush's Chicken, Biscuitville, Chicken Now, PDQ, ChikWich, Ezell's Famous Chicken, Roy Rogers, Slim Chickens, Angry Chickz, Dave's Hot Chicken or Chicken Shack. The foregoing use restrictions shall terminate upon the expiration or earlier termination of the CFA Lease. 4.6 00 Exclusive Use. No portion of the Property other than the QQ Parcel will, for so long as the QQ Lease is in effect, and provided that QQ is then using the QQ Parcel as a carwash (excluding temporary closures due to force majeure, remodel, casualty, condemnation or restoration), be leased, used or occupied as a car wash of any kind. Article 5 Enforcement and Remedies 5.1 All Remedies Available. In the event of a breach or threatened breach of any of the terms, covenants, restrictions or conditions hereof, the other Owners, and their respective Lessees to the extent permitted under the applicable Leases, shall be entitled forthwith to full and adequate relief by injunction and/or all other available legal and equitable remedies from the consequences of that breach, including payment of any amounts due and/or specific performance. 5.2 Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a defaulting Owner to cure a breach of any of its obligations under this Declaration within thirty (30) days following written demand by any other Owner (or, with respect to any such breach the nature of which cannot reasonably be cured within that 30-day period, the defaulting Owner commences to cure within the 30-day period and thereafter diligently prosecutes the cure to completion), any Owner shall have the right to perform the breached obligation on behalf of the defaulting Owner and be reimbursed by the defaulting Owner upon demand for the reasonable costs thereof. Notwithstanding the foregoing, in the event of an emergency, or blockage or material impairment of the easement rights granted herein (which shall include unauthorized parking of vehicles on any Parcel), an Owner may immediately and without prior notice take action to cure the same and (except with respect to unauthorized parking as further specified below) be reimbursed by the other Owner upon demand for the reasonable cost thereof. The rights of any Owner under this Section may be exercised by the Owner's Lessee(s) to the extent authorized by the applicable Lease. Notwithstanding any other provision of this Section 5.2 to the contrary, provided that each Owner's Parcel is in compliance with applicable parking requirements as set forth in Section 4.4, in the event that a Permittee of any Owner parks a private vehicle on the Main Drive, Business Drive, or any part of another Owner's Parcel in violation of the easement rights granted in this Declaration, then any Owner who takes action to cure that violation (such as, without limitation, causing the said improperly parked vehicle to be towed) may seek reimbursement for the reasonable cost thereof from the driver and/or registered owner of the said vehicle, subject to applicable laws, but that Owner shall not demand nor be entitled hereunder to such reimbursement from any other Owner. 5.3 Lien Rights. Any claim for reimbursement, including interest, and all costs and expenses including reasonable attorneys' fees awarded to any Owner or Lessee in enforcing any {BLKPNT/0026/DEC/02031946.DOCX 13) 10 DOC #2023-0327914 Page 12 of 22 payment in any suit or proceeding under this Declaration shall be assessed against the defaulting Owner in favor of the prevailing party and shall constitute a lien (the "Assessment Lien") against the Parcel of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the Official Records of Riverside County, California; any Assessment Lien shall be subject and subordinate to (a) liens for taxes and other public charges which by applicable law are expressly made superior, (b) all liens recorded prior to the date of recordation of said notice of lien, and (c) all Leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien. All liens recorded subsequent to the recordation of the notice of lien described herein, except those referenced in the preceding sentence, shall be junior and subordinate to the Assessment Lien. Upon the timely cure by the defaulting Owner of any default for which a notice of lien was recorded, the party recording same shall record an appropriate release of the Assessment Lien. However, notwithstanding the foregoing provisions of this Section 5.3, in accordance with applicable law of the State of California, for so long as the Housing Parcel is owned by LQHA or any public entity, no Assessment Lien may attach or be recorded against the Housing Parcel. 5.4 Notice of Claim or Suit. Each Owner shall immediately provide written notice to the other Owner(s) as well as Declarant of any governmental regulatory action or any other claim, suit, action or proceeding of any kind or nature made or instituted against any Owner or Parcel which in any way relates to this Declaration, the 2006 REA, the Stormwater Easement, or the Property with respect to which that Owner intends to claim indemnification or contribution. The Owners and their respective Lessees shall cooperate fully with each other and with any insurance carriers to cause all such claims to be properly investigated, defended and resolved. Notwithstanding the foregoing, the failure to notify any Owner and/or Declarant as provided for in this Section shall not affect the indemnity obligations set forth in any section or provision of this Declaration. 5.5 Force Maieure. In the event that any Owner or Lessee is delayed or hindered in or prevented from the performance of any act required under this Declaration by reason of governmental action, riots, war, acts of terrorism, fire, earthquake, flood or other natural disaster or casualty event, public health emergency, strikes or other labor troubles, power failures, or other reason of a like nature outside the reasonable control of the applicable Owner or Lessee (but excluding delays due to financial inability), then performance shall be excused for the period of the delay, and the period for performance shall be extended for the length of the period of delay. An event of force majeure shall not excuse any Owner or Lessee from any payment obligation set forth in this Declaration. 5.6 Irreparable Harm. Each Owner hereby acknowledges and agrees that a violation, or threat thereof, of any of the provisions of Article 2 or Article 4 will cause the nondefaulting Owners and/or their applicable Permittees to suffer irreparable harm, and said harmed parties shall have no adequate remedy at law. As a result, in the event of a violation, or threat thereof, of any of the provisions of Article 2 or Article 4, nondefaulting Owners and/or their applicable Permittees shall, in addition to all remedies available at law or otherwise under this Declaration, be entitled to injunctive or other equitable relief to enjoin that violation or threat thereof. 5.7 Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final (BLUNT/0026/DEG02031946.DOU 13) 11 DOC #2023-0327914 Page 13 of 22 adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of that action or proceeding. 5.8 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. 5.9 No Termination For Breach. Notwithstanding any other provision of this Article to the contrary, no breach of or default under this Declaration shall entitle any Owner or Lessee, nor any other Person, to cancel, rescind, or otherwise terminate this Declaration. Article 6 General and Miscellaneous 6.1 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land in perpetuity, 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, their Permittees identified herein, and their respective successors, assigns, heirs, and personal representatives. 6.2 Amendment; Termination. The provisions of this Declaration may be amended or terminated only by a written instrument executed and acknowledged by all Owners and recorded in the Official Records of Riverside County. Further, any amendment to the Declaration which would have the effect of terminating or modifying the exclusive use rights granted herein to CFA and/or QQ shall not be effective without the written agreement of, respectively, CFA and QQ, provided that said Lessee's Lease is then in full force and effect. 6.3 Cooperation. Each Owner shall, upon the reasonable request of any other Owner, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents as may be reasonably necessary in order to fulfill the intents and purposes of this Declaration. 6.4 Estoppel Certificates. Each Owner shall, within thirty (30) days following receipt of written request from any other Owner, execute and deliver to the requesting party a certificate stating that, to its reasonable knowledge, this Declaration (as amended, if applicable) is in full force and effect, and that no party is in default or violation of the terms hereof, or identifying any defaults known to the responding Owner. 6.6 No Waiver. No waiver of any default of any obligation hereunder shall be implied from any inaction or omission by a Person entitled to take any action with respect to that default. 6.7 Relationships. Nothing in this Declaration shall be deemed or construed to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between or among any Persons identified herein. 6.8 No Personal Liability. There shall be absolutely no personal liability of Persons who constitute or hold an interest in an Owner, including but not limited to shareholders, officers, directors, partners, employees or agents of the Owner, with respect to any of the terms, obligations, covenants, conditions, restrictions, and provisions of this Declaration. In the event of a default by {BLKPNT/0026/DEC/02031946.D0CX 131 12 DOC #2023-0327914 Page 14 of 22 an Owner hereunder, any non -defaulting Owner who seeks recovery from the defaulting Owner shall look solely to the interest of the defaulting Owner, and its successors and assigns, in its Parcel for the satisfaction of each and every applicable remedy of the non -defaulting Owner. 6.9 Non -Merger. No joint or common ownership of any part of the Property shall create a merger so as to render invalid the effect of the easements established herein. 6.10 Mortgages. Any violation of the provisions herein shall not defeat or render invalid the lien against any portion of the Property of any mortgage or deed of trust made in good faith and for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner whose title to a Parcel is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure, or other collection or enforcement action or procedure with respect to any lien on that Parcel. 6.11 Severability. If any provision of this Declaration or the application of any provision to any person or circumstance is held to be invalid, the remainder of this Declaration or the application of the provision to other persons or circumstances shall not be affected thereby. 6.12 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. Numbered or lettered articles, sections and subsections herein contained refer to articles, sections and subsections of this Declaration unless otherwise expressly stated. 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. Any reference to statutes, other laws, or governmental regulations or requirements will include all amendments, modifications, or replacements of the relevant provisions. 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. 6.13 Time of the Essence. Time is of the essence of all provisions of this Declaration. 6.14 Governing_Law. This Declaration, and its validity, enforcement and interpretation, shall be governed by the law of the State of California without regard to conflict of law principles. Venue for any action arising out of this Declaration shall exclusively lie in Riverside County, California. [Remainder ofpage intentionally left blank —signature on followingpage] {BLKPNT/0026/DEC/02031946.DOCX 131 13 DOC #2023-0327914 Page 15 of 22 IN WITNESS WHEREOF, Declarant has' executed this Declaration of Easements, Covenants, Conditions and Restrictions as of the date written above. BP Dune Palms LP, a California limited partnership By: Blackpoint Properties, LLC, a California limited liability company, its General Partner QAC--. ��� - 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 S er`t yA ) On 0 c,Z 313 , 2023 before me, t� • C �-� , Notary Public, personally appeared Jeff Halbert, 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 4,L A „ , A. BECK m COMM. #2408137 � NOTARY PUBLIC • CALIFORNIA j SONOMACOUNTY my Comm. E*103 %me IS. 2 (BLKPNT/0026/DEC/02031946.D0CX 13) 14 DOC #2023-0327914 Page 16 of 22 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, 2623 and recorded October 31, 2023 as Document No. 2023- , Official Records of .Riverside County, California ("Deed of Trust"). The Mortgagee hereby consents and subordinates the lien of its Deed of Trust to the Declaration of Easements, Covenants, Conditions and Restrictions ("Declaration") to which this Consent is attached, subject to the provisions of Section 6.10 thereof, and Mortgagee hereby agrees that in the event of a foreclosure of the Deed of Trust, the Declaration shall remain binding upon the subject real property and all subsequent owners thereof. Executed as of this j& "4day of October, 2023. MORTGAGEE Texas ExchangdBank a Texas ban By:Ca3q s�ll;•n� Its: CX,0 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 TL-W': ) County of-rAe&A.JT ) d�,�� �y On dc. Lr• 30 /+ 2023 before me, •�► V n' , Notary Public, personally appeared C.¢Sti/ ✓AAJ 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. (BLUNT/0026/DEC/02031946.DOCx 13) DOC #2023-0327914 Page 17 of 22 Exhibit A Legal Description of the Property Real property in the City of La Quinta, County of Riverside, State of California, described 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/DEC/0203I946.D0CX 13) A-1 DOC #2023-0327914 Page 18 of 22 Exhibit B Parcel Map/Site Plan 1 Q �- N N89'39'1 4 "E- } I \` 30.00' I . - 13 5' IVIDE T.C.E. Ifs 3 I rr C• V w� `"�—� • II ; r J3 sro w � RM q rER • ,r PERMANENT '� NTRE OPE I� EASEMENT 30' IVi0£ 15' WIDE ACCESS !3 T.C.r. � ^ EASEMENT 20' WIDE T.C.E. &6 'UTIES I N I. 10' WIDE I NT . PARCEL 1 C1 I 15' WIDEACCESS u 6 EASEMENT - -- -- --- - MAIN QRIVE -- --J �a� e I it I 5 y _Zs f x00' 10.06 °W l Q I Q W I III 0 10' WIDE J �I 10' WIDE w 20' WIDE T.C.f. 6 I O PARCEL 2 PARCEL 3 I I i5 TEMPORARY i I CONSTRUCTION i u EASEMENT : I I- S 8.3% VRDE o 10' IVIDE 9 r--------- I Stor -i -1, 10' WIDE p I c iFaCii[ie- i%+ -' CASEMENT _- - --------------------------------- --------- - --- N89'5f'03"E 3 PARCEL CASCEMENT 6 ` 36.37 ACCE STA TE HIGHWAY 111 (BLKPNT/0026/DEC/02058041 DOCX) B-1 DOC #2023-0327914 Page 19 of 22 Exhibit C Main Drive 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 WESTERLY LINE OF SAID PARCEL MAP NO.31143, NORTH 00008'48" WEST 243.39 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, SOUTH 89058'03" WEST 50.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE, NORTHWESTERLY 42.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°06' 18' ; THENCE, NORTH 65055'39" WEST 105.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 100.00 FEET; THENCE, NORTHWESTERLY 42.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24*06' 18' ; THENCE, SOUTH 89-58.03" WEST 384.11 FEET TO A LINE PARALLEL WITH AND 51.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF DUNE PALMS ROAD AS SHOWN ON SAID PARCEL MAP NO.31143 AND PROPOSED STREET RIGHT-OF-WAY DEDICATION TO THE CITY OF LA QUINTA PER TENTATIVE PARCEL MAP NO. 38668; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°10'06" WEST 26.00 FEET; THENCE, NORTH 89058'03" EAST 384.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 126.00 FEET; THENCE, SOUTHEASTERLY 53.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24006'18'; THENCE, SOUTH 65°55'39" EAST 105.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 74.00 FEET; THENCE, SOUTHEASTERLY 31.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24006'18"; THENCE, NORTH 89058'03 EAST 50.13 FEET TO SAID WESTERLY LINE OF PARCEL MAP NO.31143; THENCE, ALONG SAID WESTERLY LINE OF PARCEL MAP NO.31143, SOUTH 00008.48" EAST 26.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF APPROXIMATELY 16,209 SQUARE FEET OR 0.372 ACRE. AS SHOWN ON THE ATTACHED EXHIBIT "C-I" 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: (8LKPNT/0026/DEC/02031946.D0CX 13) C-1 c y�yo S10RM DOC #2023-0327914 Page 20 of 22 CURVE DATA TA" DELTACM I MWIUS I UNGIN Cl 2 -18 100 420 C2 24tWIB- 1 126.00- U01- C3 2. 18 74.W 31.1 - YdlAIL P MM N1u PROPOSED PARCEL MAP NO. 3655s �- 4 l� Nusls OF eEaM►Nss g w THE REARM OF N89M03T FOR nW MVMtUAlE ��' ,� � U OF STALE HIGHWAY 111 AS 9IOW ON PARCEL NAP Na 31143. FUM IN BOOM! 216, PAGES 69 MOVCH71. XCLU9VE OF PARCEL MAP% RECORDS DF RIVOSDE COUNTY, WAS USM AS 7W BASIS OF I BEARINGS FOR TMS EXHIBIT. 00;0 k sw PROPOSED PARCEL 7 � cs N89158103'£ 384.!7' C2 *dp rosoQ9.� 4 a� N89.581030E 384.11 io Cl 10 H C3 O SipUTM 3r Comm? OF PARCEL 1 OF PARCEi e_ MAP.Na 31143, BOOK 216. PAGES 69 � 1NR000H 71. MfL SEC OF PARM NAPS N89'S8'03"£ B w m o� © NEST£RAY£ l.Y LOF PARCEL NAP NO. 31144 ( 50.18' of BOOR 216, PAGES 69 7HROUON 71, INCYUSIY£ 2 T.P.0.8. OF PARCEL NAPS tiI © EASTJ9?LY LAY£ OF AROPOSM SmE rT I U RM Jr -OF -WAY DMCAIM TO THE CRY OF It LA OUNTA PER PARCEL YAP NO. 39660. I PROPOSED PARCEL 2 I PROPOSED PARCEL $ R F:O.c It STATE 119YWAY M FSECn O TE S. 4 — F RA — NOTE ® INDICATES AREA OF EASEMENT AS DESCRIBED ON THE ATTACKED E1CFL18IT A' ANO BY THUS R£MTBVC1E MADE A PART THEREOF. AREA OF EASEMENT a 16,209 SQUARE FEET Pared by MCC;adA mrbraLms Sid. 14 OWS CA �.sosme RM P=M E IN THE CITY OF LA QUINTA buvb a. am mm PAC:1 OF 1 /-� EXHIBIT 1 DAM 9-7-23 DAZE 9-7 � MP� 1 Lr {13LKPNT/0026/DEC/02031946.D0CX 13) C-2 DOC #2023-0327914 Page 21 of 22 Exhibit D Main Drive Stormwater Device Easement Area THAT PORTION OF TEE NORTHEAST QUARTER OF SECTION 29, 'TOWNSHIP S SOU IX RANGE 7 EAST OF THE SAN BERNARDINO BASE AND M MIDX , LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE COACHEVTA VALLEY STORM WATER CHANNEL, AS DESCRIBED IN DEED TO THE COACHELL.A VALLEY WATER DISTRICT, RECORDED OCTOBER 6,1923 INBOOK 591, PAGE 223 OF DEEDS, IN'THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COA0ffANCI G 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 WESTERLY LINE OF SAID PARCEL MAP NO.31143, NORTH 00"08'48- WEST 269.39 FEET, THENCE, SOUTH 89'58' 03" WEST 3554 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPT ON; THENCE, CONTINUING SOUTH 89°58'03" WEST 14.59 FELT TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 74:00 FEET; THENCE, NORTHWESTERLY 31.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°06' 13 ; THENCE, ALONG A RADIALlMgF, NORTH 24-04-21" EAST 936 FEET; THENCE, NORTH 89°58'03" EAST 4099 FEET; THENCE, SOUTH 00*01'57" EAST 15:00 FEET TO THE TRUE POINT OF BEGU TMi G. CONTAMING AN AREA OF APPROXIIMiATELY 592 SQUARE FEET OR 0.014 ACRE, AS SHOWN ON THE ATTACHED EXHIBIT `D-1" AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EASEMENTS, COVENANTS, OONDMONS, RESTRICTION% RESERVATIONS, RIGHTS, RIGHTS -OF -WAY, AND OTHER MATTERS OF RECORD, IF ANY. LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: 9/71M MICHAEL P. l ERNANDEZ, P.L.S. 9291 � Ila �se1 (BLKPNT/0026/DEC/02031946.D0CX 13) D-1 DOC #2023-0327914 Page 22 of 22 THE BEARING OF N89'3803 E FOR ME CEMIFRUNE OF STATE HICHIMAY ` III AS SHOMN ON PARCEL MAP NO. 31144 RLEV IN BOOK 216, PACES 69 THROUGH 71, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE I I lint r4 L; V dji0 COUNTY,, WAS USED AS THE BASS OF BEARINGS FOR THIS EXHIBIT. J mom P.P. p= _~ —* , NOL g PROPOSED PARCEL MAP NO. 38558 z PROPOSED PARCrL 7 Ike N89'58'03 E A00.01 157'W �, U J 40.99' 15.00' � B N p P.O.S. I�`� �,• �M 6�•I —N89'S8'03 E 35.54' 3 of A�R=74'OOs N8�458. .S93.E (� OPA,��60�, v o L=31.13' �g 4 4y�0 l�,•' $ N r — — — — — — — — — — ------ — +--.k� - --- NOTES: I �_ 0 ® SOUA.iil£ST c& WER OF PARCEL 1 OF PARCEL -- - YAP NO. 31144 BOOK 214 PALES 69 INRO/GH 71, MIaMT OF PARIDEi MAPS I SEE DETAX B ® HESMXY LNE OF PARCEL MAP NO. 3114JI JMON W BOOK 216, PACES 69 TIROUGH 71, NCLUSIVE I OF PARCEL MAPS © PROPOSED 26' SW ROAD ACCESS EASEMT RESERMb ON PARCH MAP AK% 3866& H kl PROPOSED PARCEL 2 I PROPOSED PARCEL $ I b I Po.G z SMT�E M& WAY m OWN 29, TSS, R.7E NOTE• ® INDICAWS AREA OF EASEMENT AS DESCRIBED ON THE ATTACHED 0018IT 'A AND BY WS REFERENCE MADE A PART THEREOF ARM OF FASEME'MIT - 592 SQIMRE FEET hWfffg d Dot a ram. and Aood+4 k em Gvbmm c" Lad &nwim CEiF1 I MI CHAWMB EASEMENT IN THE OTY OF LA QUINTA aawt a. arm YPN PAt� of EXHIBIT D-i a,E s-y-m a►>E s-?-zti mpnm {BLKPNT/0026/DEC/0203t946.D0CX 13) D-2 _'z OI R/l . Peter Aldana Riverside County Assessor -County Clerk -Recorder 2724 Gateway Drive Riverside, CA 92507 (951) 486-7000 www.rivcoacr.org Receipt: 25-91557 Product Name RECCOPY OFFICIAL RECORDS COPIES Transaction ID Document Document Number # of Pages # of Copies Page Range Subtotal Service Fee Total Tender (Credit Card Online) Customer Email Service Fee Credit Card Invoice # Customer Name Customer Phone Number Customer Address Signature nfuentes@laquintaca.gov $0.00 BP13494S1481 NadiaFuentes 760-777-7091 78495 Calle Tampico La Quinta, California 92253 Extended $28.00 SST3494S2500 2023-0327914 2023-0327914 22 1 1-22 $28.00 $0.64 $28.64 $28.64 3/27125, 2:55 PM PST Gateway Certified