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HomeMy WebLinkAboutC31600 MOU and Certificate of Acceptance for Quitclaim - Monterey Avenue Interchange Ramp 669-02CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND A CERTIFICATE OF ACCEPTANCE FOR A QUITCLAIM DEED WITH THE COUNTY OF RIVERSIDE FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION ON INTERSTATE 10 (PROJECT 669-02) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: County of Riverside 3403 10th Street, Suite 500 Riverside, CA DATE: February 12, 2012 CONTENTS: Memorandum of Understanding Quitclaim Deed Vicinity Map Recommendation By Minute Motion, authorize the Mayor to execute a Memorandum of Understanding (MOU) and a Certificate of Acceptance for a Quitclaim Deed with the County of Riverside for the Monterey Avenue Interchange Ramp Modification on Interstate 10 (Project 669-02). Contract No. C31600 Background The City of Palm Desert is the lead agency on the Monterey Avenue Interchange Ramp Modification on Interstate 10 project working closely with the California Department of Transportation (Caltrans) and the County of Riverside (County). This MOU outlines the terms of the agreement between the City and the County with regard to the conveyance of a portion of the County's property located in the unincorporated County area of Thousand Palms. The Quitclaim Deed is the mechanism to convey, at no cost to the City, the property that is the subject of the MOU. Because Caltrans requires a relinquishment of the westerly existing secondary access on Varner Road from the current owner, the City will then grant the property to the adjacent property owner of Sparky's Self Storage. The conveyance of the subject Staff Report MOU and a Certificate of Acceptance for a Quitclaim Deed - Monterey 1-10 Ramp Modification February 9, 2012 Page 2 of 2 property to the self storage owner will provide a location for a new secondary access point that will require the relocation of a light pole and construction of the new access, landscaping, additional sound wall, additional security, and additional gravel parking area. The construction costs associated with the aforementioned scope of work will be absorbed by the project, namely the City. Subsequent to the discussion between our City Attorney and the County's legal counsel, the conveyance of the subject property from the County to the City to the private owner will likely shorten the project process time. Fiscal Impact There is no fiscal impact associated with the execution of the MOU and Quitclaim Deed. However, there will be additional design and construction costs associated with the new secondary access that will be submitted as a change order request by the design consultant. Prepared By: n Bo Chen, P.E., City Engineer Approval: M. Wohlmuth, City Manager Department Head: Mark Gr e wood, P:E. Directo of Public Work CITY COUNCILAgrTON APPROVED ✓✓ DENTED RECEIVED OTHER MEETING, DAT — _ AYES: /� 1 F m/ NOES: A/M-e- ABSENT- ABSTAIN: AJM VERIFIED I3Y:_ Original on File with City � crk's Office Contract No. C31600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 CITY OF PALM DESERT, a body politic and a municipal corporation of the State of 11 California (City) COUNTY OF RIVERSIDE, a political subdivision of the State of California (County) PROJECT: Interstate 10/Monterey Avenue Interchange MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into this day of , 2012, (Effective Date) between CITY OF PALM DESERT, a body politic and a municipal corporation of the State of California (City), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California (County). City and County are sometimes collectively referred to as "Parties". RECITALS WHEREAS, the State of California, acting by and through its Department of Transportation (State) and City of Palm Desert (City) entered into a Construction Cooperative Agreement (District Agreement No. 8-1425) dated April 6, 2009 to modify the existing Monterey Avenue Interchange ramps on Interstate 10 (Project), and WHEREAS, the City is the lead currently working on the Project; and WHEREAS, the County is the owner of certain real property located in unincorporated county area of Thousand Palms that is the subject of this MOU, identified as Exhibit A, attached hereto and made a part hereof (County Property) and has full legal title to the County Property, and has full power and authority to convey all property rights described herein to City; and WHEREAS, restricted access rights are needed from Assessor's Parcel Number 693-230-016 adjacent to the County Property for the Project, identified as Exhibit B, attached hereto and made a part hereof (Adjacent Property); and Page 1 of 6 Updalcd 0S 201C Contract No. C31600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the County Property is needed by the City in order to provide secondary access to the Adjacent Property; and WHEREAS, pursuant to Government Code Section 25365, the County may transfer interests in real property or interest belonging to the County to another public agency; and NOW, THEREFORE, County and City do hereby agree as follows: AGREEMENT 1. All the above recitals are true and correct and by this reference are incorporated I herein. 2. The County shall execute and deliver a Quitclaim Deed as shown on "Exhibit "C", attached hereto and incorporated herein by this reference, to City conveying the County's Property in accordance to the terms and condition provided herein to satisfy the access requirements for the Project. 3. The City shall: A. Accept the County Property in an "as -is" condition "with all faults" and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature or type whatsoever from or on behalf of County. B. Acknowledge that County has made no representation as to the physical condition or compliance with local, state or federal building code requirements or ordinances regarding County Property. C. Accept ownership of the County Property; provided however, if the City determines that the County Property is not used for the use intended, then City shall provide written notice to the County that the County Property may be conveyed back to the County. 4. Execution and delivery of the Quitclaim Deed by the County to the City shall occur within 30 days after Parties have obtained authorization from its respective bodies and full execution of this MOU. Parties may mutually agree in writing to extend the time for performance of the conveyances. Page 2 of 6 Updmcd 09 2010 Contract No. C31600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. No part of this MOU may be modified, altered, amended, waived or changed without the express written consent of the parties hereto. 6. As used in this MOU, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended names below, (ii) when delivered via facsimile with confirmation from the receiving party via return fax; or (iii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows, until such time as a party gives notice of a change of address in accordance with the terms of this section: If to County: Craig Olsen Senior Real Property Agent Economic Development Agency Real Property Division 3403 10th Street, Suite 500 Riverside, California 92501 Telephone: (951) 955-4840 Facsimile: (951) 955-4837 E-mail: caolsen@riycoeda.org If to City: (Insert City Information) John Wohlmuth City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Telephone: 760-346-0611 Facsimile: 760-340-0574 E-mail: jwohlmuth@cityofpalmdesert.o 7. Indemnification: Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction of City for the Project or upon any liability arising out of the performance of this MOU. County shall not be liable to City, its officers, employees, subcontractors, or third parties for any indirect, special, or consequential damages, including lost profits or revenue, arising from or relating to the Project or this MOU. In no event will County be liable for I'aoe 3 of Updated 03Q0I0 Contract No. C31600 1 any damages arising from or related to this MOU, for any cause whatsoever, and 2 regardless of the form of action, whether in contract or in tort. It is further agreed that 3 pursuant to Government Code Section 895.4, City shall indemnify, hold harmless and 4 defend the County from any acts or omissions whatsoever by City or any liability' 5 imposed for injury (as defined by Government Code Section 810.8) occurring by 6 reason of anything done or omitted to be done by City under or in connection with any 7 work, authority or jurisdiction of the City for the Project or under this MOU. 8 8. Authority of Parties: The Parties warrant that this Memorandum of 9 Understanding and all other documents delivered in accordance with this MOU have 10 been authorized and executed by the respective parties' authorized to do so. 11 9. Administration: The Assistant County Executive Officer of the County or City Manager 12 designee shall administer this MOU on behalf of the County. Their 13 Immi) or designee shall administer this MOU on behalf of the City. 14 10, Assignment: This MOU shall not be assigned by either party, in whole or in part, 15 without the prior written consent of the other party. 16 11. Waiver: Any waiver by either party of a breach of any of the terms of this MOU 17 shall not be construed as a waiver of any succeeding breach of the same or other term 18 of this MOU. 19 12.Approval: This MOU must be approved by the City and the Board of 20 Supervisors for Riverside County, on behalf of the County, respectively. This MOU 21 shall be binding upon the successors of the City and the County. The parties hereto, 22 by their due execution of this MOU, represent to every other party that they have 23 reviewed each term of this MOU with their counsel or have had the opportunity for such 24 review with their counsel, and that no parties shall deny the validity of this MOU on the 25 grounds that the party did not have advice of counsel. Each party had the opportunity 26 to receive legal advice with respect to the advisability of this MOU. Each party had the 27 opportunity to participate in the drafting and preparation of this MOU. Any construction 28 Page 4 of 6 Updated 09 2010 Contract No. C31600 1 to be made in this MOU of any of its terms or provisions shall not be construed against 2 any one party. 3 13. Counterparts: This MOU may be executed in one or more counterparts, all of 4 which together shall constitute one and the same MOU. 5 14.Time is of the Essence: Time is of the essence in the performance of terms and 6 conditions provided in this MOU. 7 15. Severability: In the event that any provision of this MOU is held by a court of 8 competent jurisdiction to be invalid, void, or unenforceable, or against public policy, the 9 Parties shall use their best efforts to negotiate and implement amendments to this 10 MOU that are necessary to and consistent with the purpose of this MOU and the intent 11 of the Parties. 12 16. Governing Law/Venue: This MOU and its construction and interpretation as to 13 validity, performance, and breach shall be construed under the laws of the State of 14 California applicable to agreements both entered into and to be performed in California. 15 Any disputes that may arise out of this MOU shall be handled in a court of competent 16 jurisdiction in the County of Riverside. 17 17. Complete Agreement: This MOU is intended by the Parties to be the final 18 expression of their agreement with respect to the subject matter hereof, and is 19 intended as the complete and exclusive statement of the terms of the agreement 20 between the Parties, whether oral or written. 21 I� (SIGNATURES ON NEXT PAGE) 22 1 i 23 24 25 26 27 28 Page 5 of 6 Updated 09 2010 Contract No. C31600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the Parties hereto have executed this MOU on the date as indicated below each Party's signature. COUNTY OF RIVERSIDE By: John Tavaglione, Chairman Board of Supervisors ATTEST: Kecia Harper -Them Clerk of the Board Deputy APPROVED AS TO FORM: Pamela J. Walls County Counsel BY: Synthia M. Gunzel Deputy County Counsel CITY OF PALM DESERT By: Robert A. Spiegel, Mayor ATTEST: EM Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: David Erwin, City Attorney SV:sl/122811/393TR/14.524 S:1ReaI Pro perty\TYPING1Docs-14.500 to 14.999\14.524.doc Page 6 of 6 I)pdmW 03^_010 Contract No. C31600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" County Property (insert Assessor's Plat Map and highlight County's property to be quitclaimed to City) Gpdat- f„ ]D 10 Contract No. C31600 RBF CONSULTING 3300 East Guasti Road, Suite 100 Ontario, CA 91761 December 8, 2011 JN 10-104249-M7b EXHIBIT "A" VACATION — PORTION OF VARNER ROAD That portion of Tract 4143-R in the unincorporated territory of the County of Riverside, State of California as shown on the map recorded in Book 67, Pages 38 and 39 of Maps, in the Office of the County Recorder of said Riverside County, being that portion of Varner Road described as Parcel No. 0717-004A of the Final Order of Condemnation recorded September 10, 1997 as Instrument No. 329158 of Official Records in the Office of the County Recorder of Riverside County, California, more particularly described as follows: COMMENCING at the most northerly corner of Lot B of Lot Line Adjustment No. 05224 recorded September 15, 2008, as Instrument No. 2008-0504304 and as described in a grant deed recorded August 24, 2009 as Instrument No. 2009-0439513, both of Official Records, in the office of said Riverside County Recorder; Thence along the northwesterly line of said Lot B, South 46025'06" West 5.09 feetto a line parallel with and 5.00 feet southwesterly from the northeasterly line of said Tract No. 4143-R, being also the southwesterly line of Tract No. 3747 as shown on the map recorded in Book 65, Pages 60 through 74, inclusive, of Maps in the Office of said County Recorder, and the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly line of Lot B South 46'25'06" West 49.79 feet to the most westerly corner of said Lot B, being also an angle point in the northeasterly right of way line of said Varner Road (48.00 foot half -width as described in that certain quitclaim deed recorded May 22, 2007 as Instrument No. 2007-0336820 of Official Records), said corner being the beginning of a non -tangent curve concave southwesterly and having a radius of 1648.00 feet, a radial line of said curve from said point bears South 46025'19" West; Thence along the northwesterly prolongation of said curve, northwesterly 182.22 feet through a central angle of 06°20'07''; Thence radially from said curve North 4000512" East 24.28 feet to said parallel line; Page 1 of 2 H \pdata\10104249\Admin\legals\Copied from ONT 2010 0916\1-ega1s\42491g1007.doc Contract No. C31600 Exhibit "A" Vacation — Portion of Varner Road December 8, 2011 JN 10-104249 M7b Thence along said parallel line South 54"32'01" East 187.95 feet to the TRITE POINT OF BEGINNING. CONTAINING. 6,495 square feet, or 0.149 Acres, more or less. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Thomas E. Verloop, P. L.S. 5348 Date My license expires 12/31113 Page 2 of 2 Contract No. C31600 EXHIBIT 5 " VACATION - PORTION OF VARNER ROAD � N O T J o� DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 S4625'06"W -- 5,09' 2 S46025'06'W -- 49.79' *3 10`58'06" 1648.00' 315.48' 4 06°20'07" 1648.00" 182.22' 5 N40-05'12' (R) 24.28' 6 S54-32'01 * INDICATES RECORD DATA PER LLA 05224, INST. NO. 2008-0504304 O.R. (9/15/08) p LAND v 0 0 x C r L.S. 5348 9 �t Lpl'jF THOMAS E. VERLOOP, P.L.S. 5348 MY LICENSE EXPIRES 12/31/13 SKUCH TO ACCOMPANY A LEC4L DESCRIPTION FOR COUNTY OF RIVERSIDE VACATION PORTION OF VARNER ROAD 1 1 1 1 It � � \ ul � 5 5' 1 a8 6 1 \ T.P.O.B, 4 P.Q.C. 2 MOST W LY S46`25'19"W(R) OR.LOT B , \ G 1 oZLn N)zr �\ Ioo m � I ' o • � O � O r 00��-- I 48' I o 0 I p �o ? moo\ N � z� I SHEET 1 OF 1 SHEET MOWN P I_qN NING 0 OESIGN G GO NSTRU CTtON 330o EAST WASn ROAD, SURE 100 ■ ■ ■ CNTAR)O, CAt.FCMA 91761 C❑ N 5 U LT I N G 9o9s74.49m • FAX 9N 390.98f7 . 'PBF.c m JUNE 6, 2011 J.N. 10-104249-M7 0 0 j Contract No. C31600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 26 27 28 EXHIBIT "B" Adjacent Property (Insert Exhibit Showing Adjacent Property and highlight the Access restriction) upaxcdOs'010 n H:\PDATA\i D10a2<9\LARD\TronsPr\EMD;OitsVMintenance Access\Count Access Driver 05-DEC-2011 1"74 STAT OFCALIFORNIA - PEPARTIENT OF iRANSPORIAT ICA! eoNwcrArrr tuncrtoNaE slmFavlSOR CAsicr%o s>' acvlsca es �fY •Q.YYWAf.�' c CKCCQ Nr oa TF .EvtsEn '.. I > 91 woy 3 2 Ag �t n7 c ,V ZZ - y • 'I t �i'il� FT 4 S y 1 FE Z o0 Nz i y- r �, T. � gg o ticc I Ep I C ams x I' 1 ~ y, 0 z _ o v Z ° b u v .-jr °� r fTt r � vL' 2m0 - o a �b -• Z Zn o 1- C, 1� 1. c R. o �. a a u o N -u m I } � .,tip -' •r, I o� • .ray+• �, ^° ' sau nat m •>as crr--ro n 0 rt ri w n rt z 0 n w O Contract No. C316 [n� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" QUITCLAIM DEED (Attach Quitclaim Deed & L&P of the portion being vacated by Survey) L, &, COS'D1p Recorded at request of and return to: Economic Development Agency/ Facilities Management On behalf of Transportation Department 3403 10th Street, Suite 500 Riverside, California 92501 FREE RECORDING This instrument is for the benefit of County of Riverside, and is entitled to be recorded without fee. (Govt. Code 6103) S V:ra/l 22111 /393TR/14.532 Space above this line reserved for Recorder's Use PROJECT: INTERSTATE 10 / MONTEREY AVENUE INTERCHANGE QUITCLAIM DEED NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, COUNTY OF RIVERSIDE, a political subdivision of the State of California does hereby remise, release and forever quitclaim to CITY OF PALM DESERT, a body politic and municipal corporation of the State of California, all right, title, and interest Grantor has in the real property located in Riverside County, California, described in Exhibit "A" and shown on Exhibit "B" and incorporated by reference. PROJECT: INTERSTATE 10/MONTEREY AVENUE INTERCHANGE Dated: GRANTOR: COUNTY OF RIVERSIDE, a political subdivision of the State of California John Tavaglione, Chairman Board of Supervisors STATE OF CALIFORNIA ) )ss COUNTY OF ) On before me, , a Notary Public in and for said County and State, personally appeared , 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] RBF CONSULTING 3300 East Guasti Road, Suite 100 Ontario, CA 91761 December 8, 2011 JN 10-104249-M7 EXHIBIT «A„ QUITCLAIM — PORTION OF VARNER ROAD That portion of Tract 4143-R in the unincorporated territory of the County of Riverside, State of California as shown on the map recorded in Book 67, Pages 38 and 39 of Maps, in the Office of the County Recorder of said Riverside County, being that portion of Varner Road described as Parcel No. 0717-004A of the Final Order of Condemnation recorded September 10, 1997 as Instrument No. 329158 of Official Records in the Office of the County Recorder of Riverside County, California, more particularly described as follows: COMMENCING at the most northerly corner of Lot B of Lot Line Adjustment No. 05224 recorded September 15, 2008, as Instrument No. 2008-0504304 and as described in a grant deed recorded August 24, 2009 as Instrument No. 2009-0439513, both of Official Records, in the office of said Riverside County Recorder; Thence along the northwesterly line of said Lot B, South 46025'06" West 5.09 feetto a line parallel with and 5.00 feet southwesterly from the northeasterly line of said Tract No. 4143-R, being also the southwesterly line of Tract No. 3747 as shown on the map recorded in Book 65, Pages 60 through 74, inclusive, of Maps in the Office of said County Recorder, and the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly line of Lot B South 46°25'06" West 49.79 feet to the most westerly corner of said Lot B, being also an angle point in the northeasterly right of way line of said Varner Road (48.00 foot half -width as described in that certain quitclaim deed recorded May 22, 2007 as Instrument No. 2007-0336820 of Official Records), said corner being the beginning of a non -tangent curve concave southwesterly and having a radius of 1648.00 feet, a radial line of said curve from said point bears South 46025'19" West; Thence along the northwesterly prolongation of said curve, northwesterly 182.22 feet through a central angle of 06°20'07"; Thence radially from said curve North 40'05'12" East 24.28 feet to said parallel line; Page I of 2 }1 \pdata\101042491Admin\legals\Copied from 014T 2010 0916\Lega1s\42491g1007.doc Exhibit "A" Quitclaim — Portion of Varner Road December 8, 2011 JN 10-104249 M7 'Whence along said parallel line South 54032'01 " East 187.95 feet to the TRUE POINT OF BEGINNING. CONTAINING: 6,495 square feet, or 0.149 Acres, more or less. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Thomas E. Verloop, P. L.S. 5348 Date My license expires 12/31 /13 Page 2 of 2 EXHIBIT "B" QUITCLAIM - PORTION OF VARNER ROAD DATA TABLE @0 BEARING/DELTA RADIUS LENGTH 1 S46'25'06"W -- 5.09' 2 S46°25'06"W -- 49,79' *3 10°58'06" 1648.00' 315.48' 4 06`20'07" 1648.00" 182.22' 5 N40'05'12"E (R)l 24.28' 6 S54'32'01"E -- 187.95' * INDICATES RECORD DATA PER LLA 05224, INST. NO. 2008-0504304 O.R. (9/15/08) LAND v x es L.S. 5348 THOMAS E. VERLOOP, P.L.S. 5348 MY LICENSE EXPIRES 12/31/13 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR COUNTY OF RIVERSIDE QUITCLAIM PORTION OF VARNER ROAD f..-1 C� TA!'3 o \ .a o 00 j � 5 1\ 5 48. 6 1 \ O T.P 4 2 P.0 MOST COR. S46`25'19"W(R) G. 1 I Q—C:, rn I oZ �-Ni r y N • "� Z r (p0 m O�B. .'_' • \ N'LY LOT B O oN � Q 0 - Q N t © � O O 2 Z N � ' 0 0 M Z \- I 48 �' a obi p o 0 Z I SHEET 1 OF 1 SHEET P LpNN- 0 OESIGN N --TRl 11- 3100 EAST GUAS1 ROAD, EME ,00 © ® a ONTAPoO, CAUFORMA 91761 CONSULTING 909.974 900 . FAX 909.3909817 . w .,PAP. — JUNE 6, 2011 E i z Recorded at request of and return to: Economic Development Agency/ Facilities Management On behalf of Transportation Department 3403 10`h Street, Suite 500 Riverside, California 92501 FREE RECORDING This instrument is for the benefit of County of Riverside, and is entitled to be recorded without fee. (Govt. Code 6103) SV:ra/122111 /393TR/l 4,532 Space above this line reserved for Recorder's Use PROJECT: INTERSTATE 10 / MONTEREY AVENUE INTERCHANGE QUITCLAIM DEED NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, COUNTY OF RIVERSIDE, a political subdivision of the State of California does hereby remise, release and forever quitclaim to CITY OF PALM DESERT, a body politic and municipal corporation of the State of California, all right, title, and interest Grantor has in the real property located in Riverside County, California, described in Exhibit "A" and shown on Exhibit "B" and incorporated by reference. PROJECT: INTERSTATE 10/MONTEREY AVENUE INTERCHANGE Dated: GRANTOR: COUNTY OF RIVERSIDE, a political subdivision of the State of California By: John Tavaglione, Chairman Board of Supervisors STATE OF CALIFORNIA )ss COUNTY OF On , before me, , a Notary Public in and for said County and State, personally appeared , 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] RBF CONSULTING 3300 East Guasti Road, Suite 100 Ontario, CA 91761 December 8, 2011 JN 10-104249-M7 That portion of Tract 4143-R in the unincorporated territory of the County of Riverside, State of California as shown on the map recorded in Book 67, Pages 38 and 39 of Maps, in the Office of the County Recorder of said Riverside County, being that portion of Varner Road described as Parcel No. 0717-004A of the Final Order of Condemnation recorded September 10, 1997 as Instrument No. 329158 of Official Records in the Office of the County Recorder of Riverside County, California, more particularly described as follows: COMMENCING at the most northerly comer of Lot B of Lot Line Adjustment No. 05224 recorded September 15, 2008, as Instrument No. 2008-0504304 and as described in a grant deed recorded August 24, 2009 as Instrument No. 2609-0439513, both of Official Records, in the office of said Riverside County Recorder; Whence along the northwesterly line of said Lot B, South 46025'06" West 5.09 feet to a line parallel with and 5.00 feet southwesterly from the northeasterly line of said Tract No. 4143-R, being also the southwesterly line of Tract No. 3747 as shown on the map recorded in Book 65, Pages 60 through 74, inclusive, of Maps in the Office of said County Recorder, and the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly line of Lot B South 46°25'06" West 49.79 feet to the most westerly corner of said Lot B, being also an angle point in the northeasterly right of way line of said Varner Road (48.00 foot half -width as described in that certain quitclaim deed recorded May 22, 2007 as Instrument No. 2007-0336820 of Official Records), said comer being the beginning of a non -tangent curve concave southwesterly and having a radius of 1648.00 feet, a radial line of said curve from said point bears South 46°25'19" W est; Thence along the northwesterly prolongation of said curve, northwesterly 182.22 feet through a central angle of 06°20'07"; Thence radially from said curve North 40'05'12" East 24.28 feet to said parallel line; Page t of 2 }i-lpdata\10104249�AdminlSe.-ais\Copied frotn ONT 2016 09i6\Legatsv42491e1U07.doc Exhibit "A" Quitclaim — Portion of Varner Road December 8, 2011 JN 10-104249 M7 Thence along said parallel line South 54032'01" East 187.95 feet to the TRUE POINT OF BEGINNING. CONTAINII G: 5,495 square feet, or 0.149 Acres, more or less. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Thomas E. Verloop, P. L.S. 5348 Date My license expires 12/31/13 Page 2 of." EXHIBIT vy) QUITCLAIM - PORTION Or VARNER ROAD CS7 � O W t= O O Q DATA TABLE I�0 BEARING/DELTA' RADIUS LENGTH 1 S46°25'06"Wl -- 5.09' 2 S46°25'06"Wi -- 49.79' *3 10958'06" 1648. 00' 315.48' 4 06°20'07" 1648 . 00*' 182.22' 5 N40°05'12"E (R) 24.28', 6 S54°32'01"EI -- 1187.95' * INDICATES RECORD DATA PER LLA 05224, INST. NO. 2008-0504304 O.R. (9/15/08) LAND SU��F c, o�C, E. 1 Flo fP� ~ L.S. 5348 1p-�jF DF C pL`F'���� THOMAS E, VERLOOP, P.L.S. 5348 MY LICENSE EXPIRES 12/31/13 SIETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR COUNTY OF RIVERSIDE QUITCLAIM PORTION OF VARNER ROAD \� 4B �/ \ T.P.O.B. �\ \ ,2) P . 0. C . A\\ MOST W LY S46'25'19"W(R)� r COR., LOT B C D Nam\ ) A \ CD 0 I�z 7- G z M o I I 6, a o �^ v� ',A °' p O I o tr) I O o O I z i I z oCIV Do z� I SHEET 1 OF 1 SHEET PL<NNII�G G OE SIGH O CON Sra UCTI[]N nob EAST GUASn ROAD, SJTE A0 C C 0 01^47APoO. CA J=CRMA SV67 C 0 N S U LT N G 909.974490FAr. 9093909817 • w RS--m J'._J2 6, 2011 JN. IC�104249--LFJ a z v 7o =Az o< -m zm <m m< m 0a _< am z C) m