05 OTLQ - Grant of TCE (rec) 01-03-19RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO:CityofLaQuinta78495 Calle TampicoLaQuinta,CA 92253Attention: City Clerk2019-000263801/03/2019 10:51 ftH Fee: $ 0.00Page 1 of 11Recorded in Official RecordsCounty of RiversidePeter"flldanaflssessor-County Clerk-Recorderw°)^Exempt from Recording FeePursuant to Government Code Section 6103APN: 770-123-001FULL [ ] 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 OTLQ, LLC, a Delawarelimited liability company, OWNER, ("Grantor"), hereby grants to the CITY OF LA QUINTA, a municipalcorporation ("City") a temporary construction easement (the " Temporary Construction Easement") in, on,over, along, through, upon, under and across that certain real property , described on Exhibit "A" anddepicted on Exhibit "B" attached hereto and incorporated herein by this reference (the "TemporaryConstruction 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 Temporaiy Construction Easement Area, consisting of approximately937 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 dateofrecordation 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 ?/ day of //O^d^V^^ , 2018.GRANTOR:OTLQ, LLC, a Delaware limited liabilitycompany , /^ orvy-i^. T-n ui )'1<*^^ r\-M- <^^\in^»^i^ /l^cnl'—-By^LkUl/Well.s m<°irvn^its: Pn\\ ^ATTEST:By:CITY:CITY OF LA QUINTA, a California municipalcorporationI^I^IISMonika Radeva,' City Cler'APPROVED AS TO FORM:B^A^/UA.William H. Ihrke, City Attorney159/015610-014912972838.1 all/15/18
A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed thedocument to which this certificate is attached, and not the truthfulness, accui^ey^or validity of that document.State of CaliforniaCounty of Riverside^H. PoUa/d- Stiiifn^f^, Notaiy Public, personally appearedOn N)ov&tvi^ Z.\ ,2018,beforUtltfjl/) ^<\V _, who proved to mp^nthe basis of satisfactory evidence to be the person(s) whose namelyis/are subscribed to the within instrynfent and acknowledged to me that he/sbe/they executed the same inhis/her/tbeir authorized capacity(i^ and that by his/her/their signature(s) on the instrument the person(s), or theentity upon behalf of which tl)e^erson(s) acted, executed the instrument.I certify under ^ENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true ap.d^correct.WITI^ESS my hand and official seal. _-»^n---ian---A-,^ . r^^ ROSAMMn^TST'NGSignature --^WW.^ " ^L-L^^ (Seal)7A c l< no (A) \ -edc\ ^\e^\-'Notary Public-CaliforniaRiverside County SCommission #2205293My Comm, Expires Jul 15,2021A Notary Public or other officer completing this certificate verifies ont^ the identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.'Koi.a M. ^)Uar4-S^biu»(er<^_, 2018,before me, _, Notary Public, personally appearedState of California )County of Riverside )On K){Vf»vi^W 2.1l/J^-S kA-ar/1/\ , who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s)is/ar& subscribed to the within instrument and acknowledged to me that he/sjle/tbey executed the same inhis/hj^r/th^ir authorized capacity(i^), and that by his/hef/theh''signature(8) 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^:^-SJL^J^\(Seal)ROSA M. POLLARD.SCHLENDERINGNotary Public-California |Riverside County ^Commission #2205293My Comm. Expires Jul 15, 2021159/015610-014912972838.1 all/15/18
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{s) whose name{s} is/ow subscribed to the withininstrument, and acknowledged to me that he/sho/thoy executed the same inhis/hor/thoir authorized capacity^es^ and that by his/hor/their signature^ 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:MONIKA RADEVANotary Public - CaliforniaRiverside County ICommission # 2168979 ?My Comm. Expires Oct 22, 2020(notary seal)DOCUMENT:Grant of Temporary Construction Easement (APN: 770-123-001) to OTLQ, LLCre: La Quinta Complete Streets Project
CERTIFICATE OF ACCEPTANCEThis Certificate of Acceptance is to certify that the interest in real property conveyed by the Grantof Temporary Construction Easement dated November 21, 2018, from OTLQ, a Delaware limitedliability company, ("Grantor"), to the CITY OF LA QUINTA, a California municipal corporation andcharter city ("Grantee"), is hereby accepted by order of the CITY OF LA QUINTA pursuant to authorityconferred on by Resolution No. 2002-86, adopted by the Grantee's City Council on June 8, 2002,andGrantee hereby consents to recordation thereof by its duly authorized officer.GRANTEE:CITY OF LA QUINTA,a California municipal corporation and charter cityDATED: December 18, 2018Spevacek, fefty Manager\a 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:Name/Title: Monika Rad^/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. 1 ^aea*. MONIKARADEVAtNotary Public - CaliforniaRiverside County ICommission # 2168979 SSignature lA/-'l/V | (SEAL) ^ ^SSES^ My Comm. Expires Oct?? 20?n|APN: 770-123-001 [PORTION]
EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 770-123-001 - OLD TOWN LA QUINTAIN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,BEING A PORTION OF LOT 61 OF DESERT CLUB TRACT UNIT NO. 4, AS SHOWNBY MAP ON FILE IN BOOK 21, AT PAGE 60, OF MAPS, OFFICIAL RECORDS OF SAIDCOUNTY, LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLYDESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED BYGRANT DEED RECORDED MARCH 17, 1992 AS INSTRUMENT NO. 090772,OFFICIAL RECORDS OF SAID COUNTY;THENCE SOUTH 00°03'50" WEST, ALONG THE EASTERLY LINE OF SAID LOT 61, ADISTANCE OF 3.00 FEET, TO A POINT ON A LINE PARALLEL WITH AND 3,00 FEETDISTANT FROM THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 090772;THENCE SOUTH 89°59'39" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF66.39 FEET TO A POINT ON A LINE PARALLEL WITH AND 5.00 FEET DISTANT FROMTHE SOUTHEASTERLY LINE OF SAID INSTRUMENT NO. 090772;THENCE SOUTH 42°53'50" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF12.77 FEET;THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 51.86 FEET;THENCE NORTH 89°58'22" EAST, A DISTANCE OF 3.03 FEET;THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 5.36 FEET TO THE BEGINNINGOF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF825.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 03°42'06" EAST, SAIDPOINT ALSO BEING ON THE SOUTHERLY LINE OF SAID LOT 61;THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLYLINE OF SAID LOT 61, THROUGH A CENTRAL ANGLE OF 00°37'55", AN ARCDISTANCE OF 9.10 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVENORTHERLY, HAVING A RADIUS OF 20.00 FEET, A RACIAL LINE TO SAID POINTBEARS SOUTH 03°04'H" WEST;1 OF 3
EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 770-123-001 - OLD TOWN LA QUINTATHENCE WESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLYLINE OF SAID LOT 61, THROUGH A CENTRAL ANGLE OF 12°57'52", AN ARCDISTANCE OF 4.53 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°02'03"WEST;THENCE NON-TANGENT TO SAID CURVE NORTH 00°00'00" EAST, A DISTANCE OF14.11 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,HAVING A RADIUS OF 100.00 FEET;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRALANGLE OF 08°04'04", AN ARC DISTANCE OF 14.08 FEET;THENCE NORTH 08°04'04" WEST, A DISTANCE OF 10.84 FEET TO THE BEGINNINGOF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 28.00 FEET;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRALANGLE OF 22°56'03", AN ARC DISTANCE OF 11.21 FEET , TO THE SOUTHERLYLINE OF SAID INSTRUMENT NO. 090772, A RADIAL LINE TO SAID POINT BEARSNORTH 75°08'01" WEST;THENCE NORTH 42°53'50" EAST, ALONG THE SOUTHERLY LINE OF SAIDINSTRUMENT NO. 090772, A DISTANCE OF 24.98 FEET;THENCE NORTH 89°59'39" EAST, ALONG THE SOUTHERLY LINE OF SAIDINSTRUMENT NO. 090772, A DISTANCE OF 70.43 FEET, TO THE POINT OFBEGINNING;SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD.CONTAINING 937 SQUARE FEET OR 0.022 ACRES MORE OR LESS.2 OF 3
EXHIBIT "A"LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENTAPN 770-123-001 - OLD TOWN LA QUINTAAS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.PREPARED BY OR UNDER THE DIRECTION OF:^. /^Uu^CHARLES R. HARRISP.L.S. 4989DATED: -7,^ ,2.0/^3 OF 3
EXHIBIT "B"TEMPORARY CONSTRUCTION EASEMENTAPN 770-123-001 - OLD TOWN LA QUINTASEC. 6, T.6S., R.7E., SBMCALLE TAMPICO0'R/W DEDICATION PER INST. NO.090772, REC. 03/17/1992, O.R.TCE AREA937 SQ. FT,0.022 AC.P.O.B.SE COR.R/WDEDICATION-S'LY R/W LINEN/89'59'39" E\ 70.43' \S 89'59'59" WS 42'53'50" W12.77'MB 21/60LOT 61APN 770-123-001N 89'58'22" E3.03'S'LY LINELOT 61S 16'02'03" W(R)S 03'04'H" WN'LY R/W LINE-(^-MAifSLSTRgETPROPOSED R/W PERSEPARATE DOCIJMENT30'SCALE 1 "=30'60'LINE DATANO._u_-L2-L3L4L5BEARINGS 00'03'50" Ws oo'oo'oo" wN OO'OO'OO" EN OB-04'04" WN 42'53'50" ELENGTH3.00'5.36'14.11'10.84'24.98'CURVE DATANO.C1C2C3C4DELTAdO'37'55"12'57'52"OB'04'04"22'56'03"RADIUS825.00'20.00'100.00'28.00'LENGTH9.10'4.53'14.08'11.21'DATED:^7/^/^/e^J.N. 2396MSA CONSULTING, INC.PLANNING • CWIL ENGINEERINGLAND SURVEYINGSHEET 1 OF 1
..•^^L^t.PETER ALDANACOUNTY OF RIVERSIDEASSESSOR-COUNTY CLERK-RECORDERRecorderP.O. Box 751Riverside, CA 92502-0751(951)486-7000www.riversideacr.comTT?t-CERTIFICATIONPursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjurythat the following is a true copy of illegible wording found in the attached document:(Print or type the page numberfs) and wording below):^cr\o \o\j€e^-aY^^bi IDC.|\/\6\v\a^n^ H/ev^be-^^V€^\cUn"^Date:Signature:Print Name:'<•"--" '-'<''-?ai/u-^ ^\a^ACR 601 (Rev.09/2005)Available in Alternate Formats