07 50905 Bermudas - Grant of Temp Construciton Easement (rec) 01-03-19RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO:CityofLaQuinta78495 Calle TampicoLaQuinta,CA 92253Attention: City Clerk2019-000263601/03/2019 10:51 fin Fee: $ 0.00Page 1 of 9Recorded in Official RecordsCounty of RiversidePeter ftldanaflssessor-County Clerk-Recorder?ME',f^st^Exempt from Recording FeePursuant to Government Code Section 6103APN: 773-370-003FULL [ ] PORTION [X]Exempt from Documentary Transfer TaxPursuant to R&T Code § 11922(Space above this line for Recorder's use)GRANT OF TEMPORARY CONSTRUCTION EASEMENTFor valuable consideration, receipt of which is hereby acknowledged 50-905 Bermudas, LLC, aCalifornia Limited Liability Company, OWNER, ("Grantor"), hereby grants to the CITY OF LA QUINTA,a municipal corporation ("City") a temporary construction easement (the " Temporary ConstructionEasement") in, on, over, along, through, upon, under and across that certain real property , described onExhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the"Temporary Construction Easement Area"), for the following purposes:A nonexclusive easement which permits City, its officers, agents, employees, and contractors, toenter upon, occupy, and pass over the Temporary Construction Easement Area, consisting of approximately2,243 square feet, as reasonably necessary for all purposes incidental to the La Quinta Village Diet StreetsProject (the "Project"). This Temporary Construction Easement shall include the right to perform withinthe Temporary Construction Easement Area, any necessary excavation; grading; earth fill; compaction;installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation ofprivate drainage facilities; and deposit of tools, equipment, and material for all such necessary activitieswhich are reasonably incidental to the work being performed on Temporary Construction Easement Area inconnection with the approved plans for the Project; provided, however, this Temporary ConstructionEasement shall not include the right to store any materials or park any vehicles which are not incidental tothe work to be performed on site in connection with the Project, nor to block vehicular access to the largerparcel of property of which the Temporary Construction Easement Area is a part ("Grantor's Property ),nor exercise the uses of the easement outside of the Temporary Construction Easement Area.Such incidental activities shall include, but not be limited to, utilizing the Temporary ConstructionEasement Area for adjusting grade differentials between the planned Project and the adjoining realproperty and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas,providing standard construction site control measures as may be reasonably necessary to allow the work159/015610-014912972838.1 all/15/18
which will be done pursuant to this Temporary Construction Easement in a safe and legal manner, and suchwork as may pertain to on-site improvements to render the Temporary Construction Easement Area or thelarger parcel to which it pertains in the same functional condition as reasonably practicable to the conditionbefore the Project, consistent with the Project to be constructed. To the extent legally permittedimprovements are constructed on the Temporary Construction Easement Area, City shall protect or restoreall improvements thereon.City agrees to provide Grantor with a written forty-eight (48) hour notice prior to occupying theTemporary Construction Easement Area.This Temporary Construction Easement shall be in effect for a period of 22 months from the dateof recordation and shall automatically terminate and be null and void after said 22 month period.[Signatures on next page]159/015610-014912972838.1 all/15/18
IN WITNESS WHEREOF, the Grantor and City hereto have caused this Easement Deed to beexecuted as of this r)o day of f\S(j^JU^^\ , 2018.GRANTOR:50-905 Bermudas,LLC, a California LimitedLiability CompanyBy:_^Gera.rd' ^ QI-£SS(^its: A/^w»^s?^7ATTEST:By:CITY:CITY OF LA QUINTA, a California municipalcorporationMonika Rade^a, City (MerkAPPROVED AS TO FORM:-&^L^By:MORQA/1 GALLAGHERAssistant City AttorneyCity of La Quinta, California159/015610-014912972838.1 all/15/18
Ac Kh ow 16-d ^.me^-A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California CA_ )County of.Rtverside 0 < •a-" ^ ^€— )On AJOV. 5 0 2018, before me, t)U$^ W. Md^ ^ rotary Public, personally appeared^?e-r ^ y^s H. Cs-l c6S1 rt^vho proved to me on the basis of satisfactory evidence to be the person(g) whose name(8)is/are subscribed to the within instrument and acknowledged to me that he/sWth-ey executed the same inhis/her/their authorized capacity(ies), and that by his/heiAheif signature^ on the instrument the person(s), or theentity 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 foregoingparagraph is true and correct.SUSAN W. MANROWWITNESS my hand and official seal. 3 //^^ Commission #2120382Signatutr'^<^^ l^- I^^^AO-t^ ^(.jY^^My_ComiS3eosoAuuTl9,2019lNotary Public - California I9»w»ww«ywvA Notary Public or other officer completing this certificate verifies only the identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California )County of Riverside )On _, 2018, before me, _, Notary Public, personally appeared, 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 riie that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or theentity 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 foregoingparagraph is true and correct.WITNESS my hand and official seal.Signature ^ _ (Seal)159/015610-014912972838.1 all/15/18
EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 773-370-003 - BERMUDASIN THE CITY OF LA QUINTA, COUNTS OF RIVERSIDE, STATE OF CALIFORNIA,BEING A PORTION OF PARCEL 3 OF PARCEL MAP NO. 29886, AS SHOWN BY MAPON FILE IN BOOK 199, AT PAGES 29 THORUGH 30, OF PARCEL MAPS, OFFICIALRECORDS OF SAID COUNTf, LOCATED IN THE NORTHEAST QUARTER OFSECTION 1, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE MOST 80UTHEASTERLY CORNER OF SAID PARCEL 3;THENCE NORTH 89<>57'16" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL3, A DISTANCE OF 18.15 FEET;THENCE SOUTH 44e19-(0" WEST. ALONG THE SOUTHEASTERLY LINE OF SAIDPARCEL 3, A DISTANCE OF 32.41 FEET TO THE BEGINNING OF A NON-TANGENTCURVE. CONCAVE SOUTHERLY. HAVING A RADIUS OF 1250.00 FEET, A RACIALLINE TO SAID POINT BEARS NORTH 00<"01f28" EAST;THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLYLINE OP SAID PARCEL 3, THROUGH A CENTRAL ANGLE OF 06°08'02n, AN ARCDISTANCE OF 133.82 FEET, A RACIAL LINE TO SAID POINT BEARS NORTH06a06'34" WEST:THENCE NON-TANGENT TO SAID CURVE NORTH 04S24'19" WEST, A DISTANCE OF5.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE AND A POINT ON ACURVE PARALLEL WITH AND 5.00 FEET DISTANT FROM THE SOUTHERLY LINEOF PARCEL 3, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1255.00 FEET,ARACIAL LINE TO SAID POINT BEARS NORTH 06°06'09" WEST;THENCE EASTERLY ALONG THE ARC OF SAID CURVE PARALLEL WITH THESOUTHERLY LINE OF SAID PARCEL 3, THROUGH A CENTRAL ANGLE OF 06601'50".AN ARC DISTANCE OF 132.09 FEET, A RACIAL LINE TO SAID POINT BEARS NORTHOOB04'19M WEST:THENCE NON.TANGENT TO SAID CURVE NORTH 44-19'10'1 EAST, PARALLEL WITHAND 5.00 FEET DISTANT FROM THE SOUTHEASTERLY LINE OF SAID PARCEL 3.A DISTANCE OF 31.36 FEET;THENCE NORTH 00e02'13u EAST, PARALLEL WITH AND 21.00 FEET DISTANT FROMTHE THE EASTERLY LINE OF SAID PARCEL 3, A DISTANCE OF 63.62 FEET;1 OF 2159/015610-014912972838.1 all/15/18
EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 773.370.003" BERMUDASTHENCE SOUTH 89°57'47" EAST, A DISTANCE OF 21.00 FEET. TO THE EASTERLYLINE OF SAID PARCEL 3;THENCE SOUTH 00<I02'13" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL3, A DISTANCE OF 67.86 FEET. TO THE POINT OF BEGINNING;SUBJECT TO B<ISTING EASEMENTS, COVENANTS. RIGHTS AND RtGHTS-OF-WAY OF RECORD.CONTAINING 2,243 SQUARE FEET OR 0.051 ACRES MORE OR LESS.AS DEPICTED ON EXHIBFT "B" ArTACHED HERETO AND MADE A PART HEREOF.PREPARED BY OR UNDER THE DIRECTION OF:^ ^ /f^?-^^/^CHARLES R. HARRISDATED:P.L.S. 49897//C/20/8159/015610-014912972838.1 all/15/18
EXHIBIT "B"TEMPORARY. CONSTRUCTION EASE.MENTAPN 773-370-003 - BERMUDASSEC, I; T.6S., R.6E., SBMESMT. (N FAVOR OF WRIZON CALiroRNIA, INC. FOR PUBUC UTIUT/PURPOSES PER INST. NO. 486648. REC. W/12/2001. O.R,(ESMT. EXTENDS THREE FEET OF EACH SUE OF THE CENTERUNEOF THE ACTUAL LOCATION OF FACIUTIES - NOT PLOTTABLE)^\\ ^^°-PARCEL 3PARCEL MAP NO. 29886PM 199/29-30APN 773-370-003E'lY UNEPARCEL 3S 89'57'47* E21.00'S'LY UNEPARCEL 3TGE AREA-2,243 SO, FT.0.051 AC.NOff06'Q9'W_(R}N 04>24*19" W5.00'N OCfOZ'13" E.83.62'N 44'19'ID" E_2131.36" \,?.NOO'04'19"W W02^-EH—^^B'Q6'34nW (R) NOO'OI'ZBT (RIP.0,8.MOST S£'LYCOR. P<«. 3CALLE TAMPICOSCALE 1 "-60'DATED;'7^/8IITJNIDATANO,TT~Q_VLBEARINGN-89'57l6" Ws'wwwwS Off02'131WLENGTH18.15'y^QT67.86":GURVE DATAN0»"CTC2DELTA"OS'OB'OZ'worso'RADIUS1250.00'T255.00'LENGTH133.82'132.09'MSA CONSULTING, INC.. PLANNING • CIVIL ENCBNBBRWGLAND SURVEYINGJ.N. 2396 SHEET 1 OF 1159/015610-014912972838.1 all/15/18
CERTIFICATE OF ACCEPTANCEThis Certificate of Acceptance is to certify that the interest in real property conveyed by the Grantof Temporary Construction Easement dated November 30, 2018, from 50-905 Bermudas, LLC, aCalifornia Limited Liability Company, OWNER, ("Grantor"), to the CITY OF LA QUINTA, aCalifornia municipal corporation and charter city ("Grantee"), is hereby accepted by order of the CITYOF LA QUINTA pursuant to authority conferred on by Resolution No. 2002-86, adopted by theGrantee's City Council on June 8, 2002, and Grantee hereby consents to recordation thereof by its dulyauthorized officer.GRANTEE:CITY OF LA QUINTA,a California municipal corporation and charter cityDATED: December 18. 2018L Spevacek, City Managerof La Quinta, CaliforniaI HEREBY ATTEST to the authenticity of the foregoing signature and to the adoption of the saidResolution of his general authority to so act and certify that said authority has not been revoked by asubsequent Resolution or order of the City.DATED: December 18.2018 By: -(/vv^/^^ ^/Name/Title: Mo/ika Radfc<a, City ClerkCity of La Quinta, CaliforniaNOTARY ACKNOWLEDGMENTA notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document, to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that documentState of California ))County of Riverside )On December 18, 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 issubscribed to the within instrument, and acknowledged to me that he executed the same in his authorizedcapacity, and that by his signature on the instrument the person, or the entity upon behalf of which theperson acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoingparagraph is true and correct.WITNESS my hand and official seal. ^ |^^^ No^Tb;cRS,ni,I^B^SO Rivenlde Countyf\ f\ I . /\ 2 \<SSZ»/ Commission # ?lfifi97<l SCommission # 2168979 ?Signature ^"^\^ ( j (SEAL)APNs: 773-370-003 [PORTION]MyJSomm. Expires Oct 22, 20201
NOTARY ACKNOWLEDGMENTA notary public or other officer completing this certificate verifies only theidentity of the individual who signed the document, to which this certificateis attached, and not the truthfulness, accuracy, or validity of that document.State of California ))County of Riverside )On December 5. 2018 before me, MONIKA RADEVA, Notary Public, personallyappeared FRANK J. SPEVACEK who proved to me on the basis of satisfactoryevidence to be the person^ whose name{s) is/are subscribed to the withininstrument, and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity^es^y and that by his/her/their signature's) onthe instrument the person^s), 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 Californiathat the foregoing paragraph is true and correct.WITNESS my hand and official seal.T^A^Signature:..MONIKA RADEVANotary Public - CaliforniaRiverside County iCommission # 2168979 SMy Comm. Expires Oct 22,2020(notary seal)DOCUMENT:Grant of Temporary Construction Easement (APN: 773-370-003) by 50905Bermudas, LLC re: La Quinta Complete Streets Project