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07 Jade Properties - Grant of Temp Construction Easement (rec) 01-03-19RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO:City of La Quinta78495 Calle TampicoLa Quinta, CA 92253Attention: City Clerk2019-000263901/03/2019 10:51 AH Fee: $ 0.00Page 1 of 9Recorded in Official RecordsCounty of RiversidePeter fildanafissessor-County Clerk-RecorderiCIUWUWExempt from Recording FeePursuant to Government Code Section 6103APN: 770-020-036FULL [ ] 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, Jade Properties, LLC, anAlaskan limited liability company, OWNER, ("Grantor"), hereby grants to the CITY OF LA QUINTTA, amunicipal corporation ("City") a temporaiy 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, andpass over the Temporary Construction Easement Area, consisting of approximately1,537 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 perfomied on Temporary Construction Easement Area inconnection with the approved plans for the Project; provided, however, this Temporary ConstructionEasement shall not mclude 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 v&hicular 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 workwhich will be done pursuant to this Temporary Construction Easement m 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 condition159/0156IO-OI4912972838.1 al2/12/18 before the Project, consistent with the Project to be constructed. To the extent legally permittedimprovements are constructed on the Temporary Consfa'uction Easement Area, City shall protect or restoreall improvements thereon.City agrees to provide Grantor wifh 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 dateofrecordation and shall automatically terminate and be null and void after said 22 month period.[Signatures on next page]159/015610-014912972838.1 al2/12/l8 IN WITNESS WHEREOF, the Grantor and City hereto have caused this Easement Deed to beexecuted as of this 1^ day of'D^C^nn REft- , 2018.GRANTOR: Jadp Properties, LLC, an Alaskanlimited ^^iUt%^)j4pinyATTEST:By,Monika Radeva/City CliBRoVae.^-r Corvjnd^rBy: MonQ^in^ t^fmbcrCITY:CITY OF LA QUINTA, a California municipalcorporation;, City ManagerAPPROVED AS TO FORM:By: CA^;U^^Z:C^6^William H. Du-ke, City Attorney159/015610-014912972838.1 al2/12/18 ACKNOWLEDGEMENTA Notary Public or other officer completing fhis certificate verifies only fhe identity of the individual who signed fhedocument to which this certificate is attached, and not the trufhfulness, accuracy, or validity of that document.STATE OF CALIFORNIA )COUNTY OF 'SlusesiDiS )On l-Z'/l*+/2.oi% before me, 'Rp^ H. fou.Aie.D- S6riL£^DER.lH& _, Notary Public,persoually appeared "'RoftrC^T 0» &R.l5Mpe'fc _' w^° proved to me on.fhe basis ofsatisfactory evidence to be the person(^"whose name(^) is/aEc subscribedto the within instmm.ent and acknowledgedto me that he/she/they executed the same in his/h^r/fh.eir authorized capacity(i9fi), and that by his/ber/tlj.eirsignature^-) on the instrument fhe person(^), or the entity upon behalf of which the person(s) acted, executed theinstrument.I certify under penalty of perjury under the laws of the State of California fhat the foregoing paragraph is true andcorrect.WmsTESS my hand and official seal. | ^S^ "ROSAM'POLLARO^^^Notary Public-California £Riverside County ICommission)? 2205293 »My Comm. Expires Jul15,2021(Seal)Ste.turc^W^W- -SiiU^jL^159/015610-014912972838.1 al2/12/18 EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 770-020-036 - JADE PROPERTIESIN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 35845. AS SHOWN BY MAPON FILE IN BOOK 230, AT PAGES 14 THROUGH 18, OF PARCEL MAPS, OFFICIALRECORDS OF SAID COUNTf, LOCATED IN THE NORTHWEST QUARTER OFSECTION 6, TOWNSHIP 6 SOUTH. RANGE 7 EAST. SAN BERNARDINO MERIDIAN,MORE PARTICULARLY DESCRIBED AS FOLLOWS:TCEAREA1:COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2;THENCE SOUTH 89°59'39" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL2, A DISTANCE OF 30.08 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 89°59'39" WEST, CONTINUING ALONG THE SOUTHERLY LINE OFSAID PARCEL 2. A DISTANCE OF 22.32 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°00f21" WEST. A DISTANCEOF 10.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET DISTANTFROM SAID SOUTHERLY LINE;THENCE NORTH 89°59'39" EAST. ALONG SAID PARALLEL LINE, A DISTANCE OF22.32 FEET;THENCE SOUTH 00°00'21" EAST, A DISTANCE OF 10.00 FEET, TO THE TRUE POINTOF BEGINNING;SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD.CONTAINING 223 SQUARE FEET OR 0.005 ACRES MORE OR LESS.TCE AREA 2:COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2;THENCE SOUTH 89°59'39" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL2, A DISTANCE OF 157.20 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 89059'39" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL2, A DISTANCE OF 12.27 FEET;1 OF 2 EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 770-020-036 - JADE PROPERTIESTHENCE NORTH 47°20'12" WEST, ALONG THE SOUTHWESTERLY LINE OF SAIDPARCEL 2, A DISTANCE OF 31.20 FEET;THENCE NORTH 00°02'02" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL2, A DISTANCE OF 54.61 FEET;THENCE SOUTH 89°57158" EAST, A DISTANCE OF 18.50 FEET;THENCE SOUTH 00°02'02" WEST, PARALLEL WITH THE WESTERLY LINE OF SAIDPARCEL 2, A DISTANCE OF 53.12 FEET;THENCE SOUTH 89°57'58" EAST, A DISTANCE OF 16.72 FEET;THENCE SOUTH 00°02'02" WEST. A DISTANCE OF 22.61 FEET. TO THE TRUEPOINT OF BEGINNING;SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD.CONTAINING 1,537 SQUARE FEET OR 0.035 ACRES MORE OR LESS.AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.PREPARED BY OR UNDER THE DIRECTION OF:/^ /^u^<CHARLES R. HARRISP.L.S. 4989DATED: ~7 ,,^,2.0/62 OF 2 EXHIBIT "B"TEMPORARY CONSTRUCTION EASEMENTAPN 770-020-036 - JADE PROPERTIESSEC. 6, T.6S., R.7E., SBMPARCEL 2PARCEL MAP NO. 35845PM 230/14-18APN 770-020-036>\\ <b^'<<°'PARCEL 3-W'LY LINEPAR. 2S 89'57'5818.50'TCE AREA 21,557 SQ. FT.0.035 AC.S 89'57'58"16.72'S 00'02'02" W22.61'P.o.aSE"COR.PAR. 2_^_^=104.81=157.20'W 169.4S B9-59'39nN'LY R/W LINET.P.O.BCtcE"AR'EA 2T.P.O..B._TCE'AREA 1CALLE TAMPICOTCE AREA 1223 SQ. FT.0.005 AC.ESMT, FOR SIDEWALK PURPOSES PER P.M.230/14-1815' ESMT. FOR LANDSCAPE PURPOSES OFFERED TOBUT "NOT'ACCEPTED" BY THE ClTr "OF'IA OUINTAPER P.M. 230/14-185' P.U.E. PER P.M. 175/1-260' 120'-T.P.6.B._TCE^AREA 1•30,08'-DETAILNOT TO SCALEP.O.C._SE_COR.PAR. 2LINE DATANO.sL2TiT4~L5L6BEARINGW~OffQO'2\" WN 89'59'39'' ES OQ'00'21" EN 4720'12B-rN 00-02'02" ES 00-02'02'r-rLENGTHw.oo'"22.32'10.00'31.20'54.61'55.12'DATED:d&J.N. 2396MSA CONSULTING, INC.PLANNING • CIVIL ENGINEERINGLAND SURVEYINGSHEET 1 OF 1 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 18. 2018 before me. MONIKA RADEVA, Notary Public, personallyappeared FRANK J. SPEVACEK who proved to me on the basis of satisfactoryevidence to be the person{s) whose name{s) is/we subscribed to the withininstrument, and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity^ies^ and that by his/her/their signature's) onthe 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 Californiathat the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature:.MONtKA RADEVANotary Public - CatllorniaRiverside County ICommission # 2168979 ^MyComm. Expires Oct 22 20?0](notary seal)DOCUMENT:Convey Grant of Temporary Construction Easement (APN: 770-020-036PORTION) from Jade Properties, LLC, an Alaskan limited liability company,OWNER ("Grantor") to the City of La Quinta, a California municipal corporationand charter city ("Grantee") CERTIFICATE OF ACCEPTANCEThis Certificate of Acceptance is to certify that the interest in real property conveyed by the Grantof Temporary Construction Easement dated December 14, 2018, from Jade Properties, LLC, an Alaskanlimited liability company, OWNER, ("Grantor"), to the CITY OF LA QUINTA, a California municipalcorporation and charter city ("Grantee"), is hereby accepted by order of the CITY OF LA QUINTApursuant to authority conferred on by Resolution No. 2002-86, adopted by the Grantee's City Councilon June 8, 2002, and Grantee hereby consents to recordation thereof by its duly authorized officer.GRANTEE:CITY OF LA QUINTA,a California municipal corporation and charter cityDATED: December 18, 2018^J. 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. 2018By:Name/Title: Monika Radeva^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.SignatureAPN: 770-020-036 [PORTION](SEAL)MONIKA RADEVANotary Public • CtlHorniaRivrtlde CountyCommlstionH 2168979My Comm, Exolr*»Oct22,2020J