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2018 WSA Grant Deed - LLA 2018-0001 to accomodate poolRECORDING REQUESTED BY AND RETURN TO: ' City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk DOC• # 2018-0062899 02/20/2018 03:42 PM Fees: $0.00 Page 1 of 8 ' 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: KIYOMI #289 (Space Above For Recorder's Use) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to' as the "Agreement") is made and entered into as of this 2-otk-day of February, 2018; by La Quinta Housing Authority, a public body, corporate and politic (hereinafter referred to as the "Grantor") and City of La Quinta, a California municipal corporation and charter city (hereinafter referred to as the "City"). RECITALS A. • Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as 42-800 Washington Street, La Quinta, California, which.property is identified by Riverside County Assessor Parcel Number(s) 609-040-007, 609-040=023 and 609-040-028 and more particularly described in Exhibit C attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"). B. Grantor desires to grant to City a perpetual.and irrevocable easement in, on, under and across a portion of the Property described on Exhibit A and depicted on Exhibit B (both of which a're` attached hereto and incorporated herein by this reference) for right-of-way, public street and utility purposes and ancillary uses. AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: 1. GRANT, DESCRIPTION OF EASEMENT AREA. Grantor grants to City an easement for `the purposes listed'below on that portion of the Property described.on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the "Easement Area"). 2. PURPOSE. The easement 'is for a perpetual and irrevocable easement in, on, under and across the Easement Area for right-of-way, public street and utility purposes and ancillary uses. 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and 'incidents of ownership of the underlying fee interest in the Property not inconsistent with 1 92101561 D-0040 11983535.2'PMIS 2/20/2018 this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION; SUCCESSORS AND ASSIGNS; RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and - restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 882/015610-0040 11983535.2 PM18 -2- Executed this day of February, 2018, at La Quinta, California. Attest: Susan Maysels, Secretall APPROVED AS TO FORM RUTAN & TUCKER, LLP n William H. Ihrke, Counsel Attest: k44XAt&-". Susan Maysels, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LP r William H. Ihrke, City Attorney "Grantor" LA QUINTA HOUSING AUTHORITY, a public bpdy, corporajc,-wg*M11t1 J. ,Sr6evalkek, Executive Director "City" CITY OF LA QUINTA, a California 882/015610-0040 11983535.2 PM l8 -3- 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 Riverside On I`e,6r`Vad,y 20� xV19, before me,-FeAMSQTwvso11 -�— (insert name and titltl of t e officer) Notary Public, personally appeared ErvtA k V . A& , 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 (Seal) TERESATHOMPSON t NotaryPublic—California ' Riverside County p Commission 82204888 My Comm. Expires Jul 14, 2021 882/015610-0040 11983535.2 PM 18 -4- CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement and Agreement dated concurrently herewith, from LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic, to CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), is hereby accepted by the undersigned officer or agent on behalf of the City pursuant to authority conferred by Resolution No. 2012-008, adopted by the City Council of the City of La Quinta on April 17, 2012, and the City consents to recordation thereof by its duly authorized officer. i Wim - am", - Via 882/015610-0040 11983535.2 PM] 8 -5- pop- iity Manager EXHIBIT A (Legal Description of Easement Area Page 1 of 1) BEING A PORTION OF PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COC 2008-026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811 OF OFFICIAL RECORDS, DESCRIBED AS: THE WESTERLY 15.00 FEET, AS MEASURED AT RIGHT ANGLES, OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE C.O.C. NO. 2008-026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811, OFFICIAL RECORDS OF RIVERSIDE COUNTY. CONTAINING 0.046 ACRES OR 2,006 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT. E� A y Na 8788 i EML 12%31/18 CQd` f STEVEN A. HEISE — PLS 8788 DATE: 02-14-2018 LICENSE EXPIRATION 12-31-2018 2156/015610-0002 824642.02 a09/23/10 rev a09/23/10 '6- EXHIBIT B (Depiction of Easement Area Page -1 of 1) HIDDEN RIVER ROAD PARCEL 1 OF CERTIFICATE OF n COMPLIANCE NO. COC 2009-026 Z IN THE CITY OF LA QUINTA, CALTFORNlk RECORDED OCTOBER Z 31, 2009 AS INSTRUMENT NO. 2009-0582811, OFFICIAL RECORDS. RIVETZSIDE COUNTY. 55.00' 40.00' 15.00 PARCEL 2 OF CER181CATE OF COMPLIANCE NO. CAC 2008-M IN THE CRY OF LA QMTA, COUNTY OF RIVOM, STATE OF CGWFCI& RLDORDED OCTOBER 31. 2008 AS NSMMNr NO. 2008-05B2811, OFFICIAL RECORDS, RIVERSIDE COUNTY. ROIN DEDICA110N AREA = 2.006 S.F.* / 0.048 AC. THE WESTERLY 15.00 FEET. AS MEASURED AT RIGHT ANGLES, OF PAUL 2 OF CEI ICATE OF COMPLIANCE COC NO. 20D8-026 IN THE CRY OF LA QUANTA, COMITY OF WERSIDE, STATE OF CNFORNIA, RECORDED WIDGER 31, 2008 AS MMUMIENT NO. 2009-0582811, OFFICIAL RMM OF RIVERSIDE COUNTY. PREPARED EY: A. y� a No. 8788 E,4. t2/al/ta LS 8758 DATE. 02/14/2018 T£ QR` I tL�F DNP. 12/31/2018 2156/015610-0002 824642.02 a09/23/10 rev a09/23/10 -7' GRAPHIC SCAM T* -2W 160 26D EXHIBIT C (Legal Description of Property Page 1 of 1) PARCEL"A" BEING PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COC 2008- 026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811 OF OFFICIAL RECORDS, LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF. CONTAINING 4.51 ACRES OR 196,455 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. PARCEL "B" BEING PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COC 2008- 026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811 OF OFFICIAL RECORDS, LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF. CONTAINING 6.83 ACRES OR 297,514 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT. STEVEN A. HEISE — PLS 8788 LICENSE EXPIRATION 12-31-2018 DATE: 02-14-2018 2156/015610-0002 824642.02 a09/23/10 rev a09/23/10 'S' A. y Na 8768 ' W 12/31h8