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Shea La Quinta/MOU Access Agree 08RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Shea La Quinta, LLC 60-800 Trilogy parkway La Quints, CA 92553 Attention: J. Terence Hanna COPY of Document Recorded on - 0 A2 as NoZdGt�- 53k7� has not been compared with original. LARRY W. WARD County Recorder RIVERSIDE COUNTY CALIFORNIA (Above Space for Recorder's Use Only) APN: 764-280-035-1 MEMORANDUM OF AGREEMENT This Memorandum of Agreement (this "Memorandum") is made as of January I fa y 2008, by and between Shea La Quinta, LLC, a California limited liability company ("Shea") and the City of La Quints, a municipal corporation ("City'). RECITALS A. Shea is the owner of certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto (the "Property"). B. Shea, City and the City Council of the City of La Quinta have entered into that certain Settlement Agreement and Mutual Release dated December 18, 2007 (the "Settlement Agreement"), pursuant to which Shea has agreed to provide an access easement over that portion of the Property more particularly described on Exhibit "B" attached hereto and depicted on Exhibit "C- attached hereto (the "Access Easement Area"), in favor of certain real property owned by Richard J. Meyer, as Trustee of the Richard J. Meyer Trust, dated November 8, 2005 and as Trustee of the Richard J. Meyer Charitable Trust, dated June 20, 2005 (collectively, "Meyer"), upon the terms and conditions set forth therein. C. Shea and City desire to execute this Memorandum and cause the same to be recorded in the Official Records of Riverside County, California for the purpose of memorializing the Settlement Agreement and to provide third parties with notice of the Settlement Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Shea and City hereby agree as follows: 1. Pursuant to the Settlement Agreement and this Memorandum, Shea has agreed to provide to Meyer an access easement over the Access Easement Area upon the terms and conditions set forth in the Settlement Agreement, 436846791\ 764823.2 1/1"8 2. The sole purpose of this Memorandum is to give notice of the Settlement Agreement and all of its terms, covenants and conditions to the same extent as if the Settlement Agreement were fully set forth herein, and this Memorandum is subject to all of the terms, conditions and provisions of the Settlement Agreement. 3. Upon the recordation of an access easement over the Access Easement Area by Shea to Meyer (or its successor in interest), then this Memorandum shall automatically terminate and be of no further force or effect. 4. This Memorandum may be executed in two or more counterparts, and all of such counterparts when taken together shall constitute one and the some document. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first above written. SHEA: Shea La Quints, LLC, a California limited liability company By: Shea Homes, Inc., a Delaware corporation, its Sole Member By. Ulrich Sauerbrey 0 , NanWSIStant Secretary Title: Authorized Agent By. /43T bLdts Name: H4 SGe- Title: Authorized Agent CITY: D / By. �.w.o Tom Genovese 436BA679117649232 111008 STATE OF CALIFORNIA COUNTY OF _ R) V02-8 f CD On SAAIURILN t!c'1'2 &dbeforeme,- ^ 1��nC�J ��✓soin /y0773ky BLIG am inert aura end title of &A officer) Personally appeared_IJLE169SPILIC- 8eQ1 .4,1�Ji4LETi8J3ETTS who proved to me on the basis of satisfactory evidence to be ee onSwhose namFisa.-P-- subscribed to the within instrument and ac wledged to me that executed the same in lhi &ff authorized capacity, and that by )sigratur!5on the instrument the person, 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAROL ANN RANSOM; 0 COMM. k 1539791 NOTARY PUBLIC-CAUFORNfA O RIVERSIDE COUNTY 0 COMM. EXP. DEC. 26.2008'� Ignature (Seal) STATE OF CALIFORNIA COUNTY OF Rwt� On AQ, before me, �I (here insaR nW 4t office) personally appeared red �a n%Q -D who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and aolafowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the inafitment the person, 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .Ad2cll& nmtq AAssatr � �f'S���4i.Y�� camnwrion r tevrf� Sign tnro tom) f101ery fUbllc - Ce11aMp tavefgtle County MyCamm. Expkes Cx I t e. 201 4368-46791\764923.2 1l14N8 STATE OF CALIFORNIA COUNTY OF On before me, (here Inertm teand tideofNe officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his(her signature on the instrument the person, 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. sipahue (seal) STATE OF CALIFORNIA COUNTY OF On before me, am* insert mmn and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. signaWre (SW) 4M8-/679IN 7648232 1/14108 EXHIBIT "A" 1N THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; LOTS 31 AND 32 OF TRACT MAP NO, 30023-6, AS SHOWN BY MAP ON FILE IN BOOK q U , AT PAGES 31l THROUGH !�O , INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, ALSO BEING IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 7 EAST, S.B.M. dredlin PAGE 1 OF 1 1/15/2008 EXHIBIT "B" ACCESS EASEMENT PARCEL "A": IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THOSE PORTIONS OF LOTS 31 AND �.2' OF TRACT MAP NO. 30023-6, AS SHOWN BY MAP ON FILE IN BV OOK � , AT PAGES 3K THROUGH 6 , INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, ALSO BEING IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE ALONG THE WESTERLY LINES OF SAID LOTS 32 AND 31, NORTH 00012'19" WEST A DISTANCE OF 116.45 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 8,130.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 74°11'12" EAST; , THENCE LEAVING SAID WESTERLY LINES AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"44'05", AN ARC DISTANCE OF 104.25,FEET;TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHL�dWTEkY_, HAVING A RADIUS OF 20,00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 74"65'17" EAST; THENCE SOUTHEASTERLY -ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 76"OT41", AN ARC DISTANCE OF 26.22 FEET TO THE SOUTHERLY LINE OF SAID LOT 32; THENCE ALONG SAID SOUTHERLY LINE AND NON -TANGENT TO LAST MENTIONED CURVE, SOUTH 89947'36" WEST A DISTANCE OF 46.74 FEET TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 1,872 SQUARE FEET OR 0.043 ACRES, MORE OR LESS. PAGE 1 OF 1 1/15/2008 EXHIBIT 'C" ACCESS EASEMENT 30 \ >MAPNO. FWNAGE T —g 2Vvi JASMINE COURT 31- "b Ilk. 32 PARCEL #A' ' +' 1,872 So. Fr. 33 0.043 AC. PAR. "A" Sw OT3 2 L7 N OC12'24. 1N R qp MAP /SLOT 148 y (� U R(e,p��/�11up,ryA P0y /Y�C O. 30®g23- Y M.B. 329/87-102 CURVE DATA NO. DELTA I RADWS I LENGTH TANGENT 91 W44 05 8130.00-1 104=1 g .13 C2 7507 47 20.00 26.22 1 . LINE DATA N0. BEARING LENGTH Lt S 88'4736 W 4 1"-40' K71, MSA CDMOMMM 0NCi, Ixc Puumm • Q QNSUL J G, tbavamo 34200 8m time DR= ■ RAlam Mluem • CA 97270 TWAM a CM 320-M ■ FAx (760) U3.763 N. 1538 1 1s 08 SHEET 1 01 1