Loading...
HomeMy WebLinkAboutDeed 13791379 # 2010 - 0614177 /2010 03:50p Fee:NC C22 D 12 ° / RecordedP7ne0fficia1 Record Couy Rv PLEASE COMPLETE THIS INFORMATION Lantrry of Wi , Wa erside Assessor County Clerk & Recorder RECORDING REQUESTED BY: 1111111 IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII AND WHEN RECORDED MAIL TO: City Clerk, City of Cathedral City 68 -700 Avenida Lalo Guerrero S R U PAGE SIZE DA MISC LONG RFD COPY Cathedral City, CA 92234 ` I' M A L 465 426 PCOR NCOR SMF NCH EXAM Exempt from recording fees pursuant to 6•4 Sec. 6103 & 27383 of Government Code. I T: CTY UNI Space above this line for recorder's use only L 030 Easement Deed Title of Document TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P- AS4REO (Rev. 03/2008) 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92334 Attn: City Manager Site #: LA3615A Exempt from Recording Fees pursuant to California Government Code section 27383 APN: 670 - 060 -029 EASEMENT DEED This Easement ( "Deed ") is entered into on this 1- day of IJ�? c +'r' , 2010, by and between City of Cathedral City, a California municipal corporation ( "Grantor "), and Royal Street Communications California, LLC, a Delaware limited liability company ( "Grantee "). Grantor is the owner of certain real property located in the City of Cathedral City, County of Riverside, generally known as Assessor's Parcel Number 670 - 060 -0298 ( "Grantor's Property ") and more fully described in Exhibit A attached hereto and incorporated herein by this reference. Grantee and Grantor entered into a separate Communications Site Lease Agreement, dated as of June 10, 2010, (the "Site Agreement ") and memorialized by that certain Memorandum of Lease Agreement recorded on June 17, 2010 as Document No. 2010 - 0278525, Official Records, County of Riverside, California, permitting Grantee to install a wireless communications facility on a 360 square foot portion of Grantor Property's and more fully described in Exhibit B attached hereto and incorporated herein by this reference ( "Grantee's Lease Area "). 1. Grant and Description of Non - Exclusive Easement. For good and valuable consideration, receipt of which of is hereby acknowledged, Grantor grants to Grantee and such successors, assigns, sublessees and licensees of Grantee as are authorized under Sections 17 and 18 of the Site Agreement (collectively "Authorized Assigns "), the following rights of way and rights incidental thereto (collectively the "Basement "): $a non- exclusive temporary easement for installation of utilities under Grantor's Property, including one easement for electric power and one for telephone cables and relatgd equipment and fixtures to be used by Grantee in connection with Grantee's installation, operation and maintenance of its equipment on Grantee's Lease Area pursuant to the Site Agreement. The Easement is appurtenant to Grantee's Lease Area and shall be situated on Grantor's Property in the two locations described in Exhibit C, attached to this Deed and incorporated herein by this reference. 1 2. Secondary Easement. The Easement herein granted includes the incidental right of access as described in Section 7 of the Site Agreement to allow Grantee, its agents, its Authorized Assigns or the servicing utility company to install, remove, replace, maintain, and operate the utilities, cabling, fixtures, and equipment as reasonably necessary for Grantee's operation of its equipment and utilities. In exercising this right, Grantee must use reasonable care and may not unreasonably increase the burden on Grantor's Property or make any material changes not herein specified. Grantee shall, after initial installation of utilities and after every repair of said utilities, restore any pavement, ground or surface (including without limitation, grass, plants or other vegetation) or any other existing improvements or facilities, if any, disturbed or damaged by Grantee's use to its pre - installation or pre - repair condition as applicable. 3. Use of Public Right of Way; Encroachment Permit Required. Grantee shall be permitted to use the portion of the public right -of -way of 30 Avenue, as described and shown in Exhibit C for the required installation of its underground telephone cabling. Grantee acknowledges and agrees that Grantee shall be required to obtain a separate Encroachment Permit from Grantor in accordance with the provisions of Chapter 14.16 of the Cathedral City Municipal Code in order to construct /install this portion of Grantee's underground telephone cabling in such street/public right -of -way. Subject to the provisions of said Chapter 14.16, Grantee and /or its Authorized Assigns shall be required to keep such Encroachment Permit in full force and effect at all times during the term of the Site Agreement. 4. Term. The rights granted herein are granted to Grantee and its Authorized Assigns, and shall exist for only so long as the Site Agreement is in full force and effect. This Deed shall terminate automatically upon the termination, non - renewal or expiration of the Site Agreement. Within thirty (30) days after the termination, non - renewal or expiration of the Site Agreement, Grantee, and /or its Authorized Assigns, shall restore any portion and/or improvements on Grantor's Property disturbed by Grantee's use of the Easement to substantially the same condition that existed on the commencement of this Deed, reasonable wear and tear and underground conduit(s) excepted. In addition, any changes or damages to Grantor's Property will be repaired by the Grantee at no cost to the Grantor. This Easement Deed may be terminated by Grantee at any time by written notice to Grantor and delivery of a recordable quitclaim deed to Grantor relinquishing Grantee's rights to the Easement. Upon such notice and delivery, Grantee shall have no further obligation under this Deed except for the removal and restoration obligations set forth in this Section 3. 5. Binding Effect. Subject to the termination provisions set forth in Section 3, above, this Deed shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and the Authorized Assigns of Grantee and shall run with the land. 6. Defense and Indemnification. Grantor shall not be liable for, and Grantee shall defend (with attorneys approved by Grantor), indemnify, and hold harmless Grantor and its officers, agents, employees and volunteers (collectively "City Parties "), from and against any and all claims, deductibles, self - insured retentions, demands, liability, judgments, 2 awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs ( "Claims "), which arise out of or are in any way connected to use of Grantor's Property by Grantee, and covered by this Deed, arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants. Grantee shall have no obligation, however, to defend or indemnify City Parties, or any of them, from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of the City Parties, or any of them. 7. Litigation. The prevailing party in any action, court proceeding, or arbitration proceeding to enforce the terms of this Deed is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non - prevailing party. This Deed is governed by the laws of the State of California and venue for any disputes between the Parties hereto shall be in the County of Riverside, State of California, unless otherwise stipulated in a writing signed by all parties to this Deed. 8. Notices. All notices or demands are deemed to have been given or made when delivered in person or three (3) days after mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: GRANTOR: Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attn: City Manager Tel: (760) 770 -0372 Fax: (760) 202 -1460 With a copy to: Charles R. Green, Esq., City Attorney Green, de Bortnowsky & Quintanilla, LLP 23801 Calabasas Road, Suite 1015 Calabasas, CA 91302 GRANTEE: Royal Street Communications California, LLC 2913 El Camino Real # 561 Tustin, CA 92782 Attn: Property Manager Telephone: (714) 730 -3100 Facsimile: (714) 730 -3201 With a copy to: Royal Street Communications 2435 N. Central Expressway Suite 1200 Richardson, Texas 75080 Attn: John R. Lister [SIGNATURES ON FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the parties have caused this Deed to be effective as of the day and year first written above. GRANTOR: GRANTEE: City of Cathedral City, a California Royal Street Communications California, LLC, a municipal corporation a Delaware limited liability company By: 440 / , 6 B y : ek, g /0, Name: Donald E. Bradley ! Name: Susan Delmer Title: City Manager Title: Assistant Manager Date:.�� ckrn'l � [ t?j (1 Date: Network Development f Date: ' /(�? ATTEST: e -taz-Le__ Cit Clerk APPROVED AS TO FORM: i City Attorney CATH \0001 \DO C\2769.6 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �' ��.' r���S�S 5�4;:���S�S �t�S >���C S�S�S�.�,� -s�4�� .�,.- �_'S;:�:- �� ;�S�g- ��'✓w:�C! State of Califor, , c/ C. ntyofil ✓ rSi On n C K " ` before me, , �I,2 •, / /4- , ,,, Z Date ---- --. ) Here Insert Name a of the Officer ' personally appeared / _ " -' / le--- i" -a - --/- if / L - 7 Name(s) of Signer(s) y who proved to me on the basis of satisfactory evidence to be the person(,$) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he /sloe /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s)_ on the wl�wrlr instrument the person(e), or the entity upon behalf of ., J08EFNNA NE2A which the pers s). acted, executed the instrument. �+ , Commission • 1857901 1 ' : 1 Notary Public - California , r I certify under PENALTY OF PERJURY under the laws ` � Riverside County of the State of California that the foregoing paragraph is Comm. es Jul 10. 2013 true and correct. WITN : S my hand a r d official seal. �j �> % /%? , Signa ture i 2 . 1c_, r--__, ` j Place Notary Seal Above` ` gnature of Notary Public OPTIONAL C - Though the information below is not required by law, it may prove valu a to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c Z = :2 r -- ) /— -- - z Document Date: Number of Pages: Y Signer(s) Other Than Named Above:Gt 4'4 -� ?" r " - ' Capacity(ies) Claimed by Signer(s) Signer's Name: / )� � / / F w � « < ' --n_ � g Signer's Name: ❑ Individual ,,-, Individual �rporate Officer — Title(s): ` 7 /> ) ' e-1 e' i ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT El Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: ,Signer Is Repr'eser�ng: Signer Is Representing: / , 1 L. ©2007 Nat onal Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1-800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ) County of lira. ) On . la 2C3iD , before me, XL)ne1. - Date ( Were Insert Name and Title of the Officer Personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name) is/pre subscribed to the within instrument and acknowledged to me that Wshe/AlitY executed the same in b 7 her /tl}eir authorized capacityjes), and that by flier /thy signature(on the instrument the person(or the entity upon behalf of which the perspa(s) acted, executed the instrument. MELODY MICHELLE NUN I certify under PENALTY OF PERJURY under the laws of 4 Commission # 1741140 the State of California that the foregoing paragraph is true Notary Public - California . Orange County ! and correct. MyComm.ExpiresApr23,2011 WITNESS my hand and official seal. Signature ' 2(.. Place Notary Seal Above OPTIONAL 5 EXHIBIT "A" DESCRIPTION OF LESSOR'S REAL PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 4 SOUTH, RAGE 5 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION THEREOF: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 89° 55' 44" EAST, ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 1318.31 FEET TO THE SOUTHWEST CORNER OF THE SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, THE TRUE POINT OF BEGINNING; THENCE, NORTH 00° 47' 55" WEST, ALONG THE WESTERLY BOUNDARY OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 1316.02 FEET TO THE NORTHWEST CORNER OF THE SAID SOUTHEAST 1/4 OF SAID SOUTHWEST 1/4; THENCE, NORTH 89° 59' 09" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 750 FEET; THENCE, SOUTH 00° 47' 55" EAST, A DISTANCE OF 1317.14 FEET TO THE SOUTH LINE OF SAID SECTION 10; THENCE NORTH 89° 55' 44" WEST, ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 750 FEET TO THE TRUE POINT OF BEGINNING. 69400 30 AVENUE, CATHEDRAL CITY CA 92234 APN 670- 060 -029 (Note: the above legal description is taken from Exhibit A to the "Communications Site lease Agreement ", dated June 10, 2010, between the City of Cathedral City and Royal Street Communications California, LLC) /// EXHIBIT "B" GRANTEE'S LEASE AREA LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 30 AVENUE AND SANTORO DRIVE, AS SHOWN ON TRACT MAP FILED IN BOOK 247, PAGES 1 THROUGH 3 OF MAPS, IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER; THENCE, WESTERLY ALONG THE CENTERLINE OF 30 AVENUE, NORTH 89° 55' 36" WEST, 57.79 FEET; THENCE, LEAVING SAID CENTERLINE, NORTH 00° 04' 24" EAST, 48.18 FEET; THENCE, SOUTH 90° 00' 00" WEST, 357.16 FEET; THENCE NORTH 00° 00' 00" WEST, 460.82 FEET; THENCE, SOUTH 90° 00'00" WEST, 78.49 FEET TO THE TRUE POINT OF BEGINNING OF THE SAID GRANTEE'S LEASE AREA; THENCE, SOUTH 00° 00' 00" EAST, 24.00 FEET; THENCE, SOUTH 90° 00' 00" WEST, 12.00 FEET; THENCE, NORTH 00° 00' 00" WEST, 30.00 FEET; THENCE, NORTH 90° 00" 00" EAST, 12.00 FEET; THENCE, SOUTH 00° 00' 00" EAST, 6.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 360.00 SQ. FT. PORTION OF APN 670- 060 -029 (Note- the above legal description is compiled from the legal description and data shown on Sheet LS -1 of the Royal Street Communications California, LLC, building plans for a tower at the Cathedral City Soccer Park, Project No. LA3615A) 11/ EXHIBIT C Royal Street Communications, California LLC Santoro Drive & 30th Avenue Cathedral City, CA 92234 Riverside County UTILITY ROUTE: TWO STRIPS OF LAND SITUATED IN A PORTION OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE OFFICIAL PLAT THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP ONE BEING A STRIP OF LAND 5.00 FEET WIDE, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF 30TH AVENUE AND SANTORO DRIVE AS SHOWN ON TRACT MAP FILED IN BOOK 247, PAGES 1 THROUGH 3, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE WESTERLY, ALONG THE CENTERLINE OF 30TH AVENUE, N89'55'36 "W, 57.79 FEET; THENCE LEAVING SAID CENTERLINE N00'04'24 "E, 48.18 FEET TO THE POINT OF BEGINNING; THENCE S90'00'00 "W, 357.16 FEET; THENCE N00'00'00 "W, 460.82 FEET; THENCE S90'00'00 "W, 78.49 FEET TO THE END OF SAID STRIP; THENCE S90'00'00 "E, 24.00 FEET; THENCE N90'00'00 "W, 1.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A ". EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE 30TH AVENUE RIGHT OF WAY. STRIP TWO BEING A STRIP OF LAND 2.00 FEET WIDE, LYING 1.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "A" AS DESCRIBED ABOVE; THENCE S90'00'0O "W, 1.36 FEET; THENCE N90 °00'00 "W, 7.42 FEET; THENCE S00'00'00 "E, 8.00 FEET THE END OF SAID STRIP. PREP' Y SUPERVISION: O , SU J * L.S.7780 N9 Exp. 12 -31 - 4 s , / / „dm we ARMANDO D. •. 'ONT, P.L.S. 7780 REG. EXP. DECEMBER 31, 2011 SHEET 1 OF 2 CAL VADA Job No. 08598 Drawn By: HN SURVEYING, INC. Date:11/11/10 411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92880 -1782 PHONE: 951 - 280 -9960 FAX: 951 - 280 -9746 www.calvada.com EXHIBIT C PLAT TO ACCOMPANY A LEGAL DESCRIPTION F i ,: 1 1 ; ; STRIP ONE -' t - �- a N90�0'00 E 78.49' N ,,, ,, 1 — - .. See Detail _ ,. ROYAL ST. UTILITY ROUTE (STRIP ONE) S90'00'00 "W : ' ' o STRIP ONE � _.i '1 78.49' — r � - [1 I ' : '° I � " LINE TABLE • o L DIRECTION LENGTH %..V.:-.3-4 ° N ° sz. ( L1 N89' 55' 36"W 57.79' .N.-1.2 ... H Q 3 L2 N00' 04' 24 E 48.18' rW - o POINT "A" L3 N90' 00' 00 "W 1.59' ' ' � ! ! L4 S00' 00' 00 ° W 1.36' cn L5 N90' 00' 00 "W 7.42' Ili �I eE I N o , P J L4 L6 S00' 00' 00"E 8.00' ti ' . N 0 y,. J. i , v n € "'d "'d ''',,.:::1 ' ` I PROPOSED 2' WIDE ROYAL ST. I $ ' f- UTILITY ROUTE (STRIP TWO) q .-:.,1 ), 1 ] 1 ��I� /1 <; ; _ j Detail i _ j 1 SCALE: 1"=10' 41ki i9 G Q O 0V I o 2 1. o � (� °0° X29 . °� W Q G�� 41 060- o g � O �AND S� 1P'Q�' 5 1 � t' G '� � OOD.p� � L �o I � W P- J O O O 1 * Q -I * C4 N L.S. 7780 —6-111-- 5 0 40 80 /� E x'. 12-31- � � �� (/) . i Ct1 25' 2 5 , SCALE: 1 " =80' �_' C F O 't' S90•00'00 "W 357.16' - iN 30TH AVENUE � P.O.C. — — T - - - Li SHEET 2 OF 2 CAL VADA Job No. 08598 Drawn By: HN SURVEYING, INC. Date:11/11/10 411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92880 -1782 PHONE: 951 -280 -9960 FAX: 951 -280 -9746 www.calvada.com