2014/12/19 Easement Sidewalk Easement AgreementRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF MENIFEE
29714 Haun Rd.
Menifee, California 92586
Attn: City Cleric
DOC # 2014-0486534
12/19/2014 03:25P Fee:NC
Page 1 of 12
Recorded in Official Records��
County of Riverside.
Larry W. Ward - -
Assessor, County Clerk & Recorder
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(SPACE ABOVE'I HIS LINE FOR RECORDING USE)
(EXEMPT FROM RECORDING FEE PER GOV. CODE § 6103)
SIDEWALK EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is made and entered into as of
Aulk), 16 , 2014 between Menifee Master Association, a California non-profit mutual
benefit corporation and common interest development formed by the Restated Declaration of
Covenants, Conditions and Restrictions and Reservation of easements for Menifee recorded
Decemeber 15, 1998, as instrument No. 367887, in Riverside County, California (the
"Association"), and the City of Menifee, a municipal corporation (the "City"), with reference to
the following facts:
A. Association owns and maintains certain common areas in a housing community
situated in the City commonly known as Menifee Master (the "Association Parcel"). The
Association Parcel includes a sidewalk that runs parallel to a public roadway called Newport
Road ("Lakes Sidewalk").
B. The City has fee or easement interests in various streets, sidewalks and other
property within the City and is responsible for the planning and development of land within the
City in such a manner as to provide for the health, safety and welfare of the residents of the City.
That portion of the City's interest in real property most directly affected by this Agreement is
Newport Road and the adjacent public sidewalk ("Existing City Sidewalk"). Newport Road and
Existing City Sidewalk are shown on the Map attached hereto as Exhibit "B" and incorporated
by this reference ("Public Parcel").
C. Pursuant to this Agreement, and subject to the terms and conditions set forth
herein, Association is granting to the City a permanent non-exclusive public easement over
portions of the Menifee Master Sidewalk and surrounding area (the "Easement"). The Easement
is legally described in Exhibit "A" attached hereto and incorporated by this reference and shown
on the Map as "Proposed Easement" in Exhibit `B".
D. The City is currently making street improvements to widen Newport Road
("Street Widening Project"). As part of this Street Widening Project a portion of the Existing
City Sidewalk will be removed. City desires to construct a sidewalk improvement ("New City
Sidewalk") to connect the Existing City Sidewalk to the Menifee Master Sidewalk in order to
provide a continuous pedestrian pathway.
#157198v5
E. The parties desire to enter into this Agreement to grant the City the Easement for
public access, to facilitate construction of sidewalk improvements, and transfer maintenance
responsibilities to the City as provided herein.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Recitals Incorporated. The foregoing recitals are incorporated herein as if set
forth in full.
2. Consideration for Easement. In consideration of the granting of this Easement,
the City shall maintain the Easement Area and indemnify the Association as set forth in this
Agreement.
LL 3. Grant of Easement. Association hereby grants to City the Easement which shall
permanent, a be irrevocable ��� p ,perpetual, and non-exclusive easement for pedestrian ingress and
w, egress over, and maintenance of, the Lakes Sidewalk, and to facilitate construction of New City
ti.
Sidewalk. The Easement is for the benefit of the City, its residents and visitors.
4. Maintenance of Sidewalk. City hereby covenants and agrees to maintain and
repair or cause to be maintained and repaired portions of the Lakes Sidewalk within the
®_ Easement in reasonably good condition, free of rubbish, debris and other hazards to persons
using the same, and in accordance with all applicable laws, rules, ordinances and regulations of
all federal, state, and local bodies and agencies having jurisdiction, at City's sole cost and
expense.
5. Indemnification. City shall indemnify, defend, and hold Association and its
respective members, directors, officers, employees and agents (collectively the "Association
Indemnitees") harmless from and against all liability, loss, claim, demand, action, suit, legal or
administrative proceeding, penalty, deficiency, fine, damage, judgment, expenses and costs (all
of the foregoing, collectively "Association Claims") resulting from the City's use of the
Easement or the maintenance or improvement of the Easement or any portion thereof except
Association Claims arising as a result of the gross negligence or willful misconduct of the
Association Indemnitees.
6. Taxes. Association shall be responsible for payment of all taxes, assessments, and
fees, including without limitation real estate taxes and possessory interest taxes, if any,
attributable to the Easement.
7. Covenants To Run With The Land. This Agreement is designed to create
equitable servitudes and covenants appurtenant to the Public Parcel and running with the
Association Parcel. Association hereby declares that all of the Association Parcel shall be held,
sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the
covenants, conditions, restrictions, equitable servitudes and easements, all of which are for the
purposes of uniformly enhancing or protecting the value, utility, attractiveness and desirability of
the Association Parcel and the Public Parcel. The covenants, conditions, restrictions,
reservations, equitable servitudes, liens, charges and easements set forth herein shall run with the
Association Parcel and shall be binding upon all persons having any right, title or interest in the
Association Parcel, or any part thereof, their heirs, successive owners and assigns; shall inure to
2
9157198v5
the benefit of every portion of the Public Parcel and any interest therein; shall inure to the benefit
of the City and its successors and assigns and successors in interest; shall be binding upon
Association, its successors, assigns and successors in interest; and may be enforced by the City.
City and Association hereby declare their understanding and intent that the burden of the
covenants set forth herein touch and concern the land in that Association's legal interest in the
Association Parcel is rendered less valuable thereby. City and Association hereby further declare
their understanding and intent that the benefit of such covenants touch and concern the land by
enhancing and increasing the enjoyment and use of the Association Parcel by the citizens of the
City and by furthering the health, safety and welfare of the residents of the City.
8. General Provisions.
8.1. Term. The Easement shall be perpetual in duration unless the parties
mutually agree otherwise in an instrument recorded in the Official Records of the County of
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;,,,, Riverside.
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8.2. Termination. No breach of this Agreement shall entitle any party to
=' cancel, rescind or otherwise terminated by this Agreement, or excuse the performance of such
party's obligation hereunder; provided that, however, this limitation shall not affect in any
manner any other rights or remedies which the parties may have by reason of such breach.
8.3. Notices. Any notice to be given under this Agreement shall be given
by personal delivery or by depositing the same in the United States Mail, certified or registered,
postage prepaid, at the following address:
City: City of Menifee
29714 Hann Rd.
Menifee, California 92586
Attn: City Manager
With Copy to: Aleshire, Wynder, LLP
3880 Lemon Street, Ste. 520
Riverside, CA 92501
Attn: Julie H. Biggs, Esq.
Association: Menifee Master Association
Equity Management
42430 Winchester Road
Temecula California
Attn: Bob Harvey
Any notice delivered personally shall be effective upon delivery. Any notice given by
mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any
party may change address for notice by giving written notice of such change to the other party.
4157198v5
8.4. California Law. This Agreement shall be interpreted, enforced and
governed by and under the laws of the State of California.
8.5. Nondiscrimination. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, gender,
sexual orientation, sex, marital status, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Easement, or any part thereof, nor shall
either party, or any person claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use
or occupancy of lessees, sublessees or vendees of the Easement, or any part thereof.
8.6. Representations. Each party represents and warrants that, as of the
date this Agreement is recorded, (i) it is the owner of the real property which such party is
I v described as owning in the recitals set forth at the beginning of this Agreement; (ii) it has not
0 ` assigned or transferred or agreed to assign or transfer any of its right, title or interest in or to its
W 0 real property or any portion thereof (excluding interests granted as security for the performance
of an obligation); (iii) it has the authority to enter into this Agreement; and (iv) this Agreement is
a valid and binding obligation of such party.
8.7. Encumbrances Subordinate. Any encumbrance recorded after
recordation of this Agreement or otherwise subordinated hereto affecting any portion of the
Association Parcel shall at all times be subject and subordinate to the terms of this Agreement
and any person/entity foreclosing any such encumbrance or acquiring title by reason of a deed in
lieu of foreclosure shall acquire title to the premises or interest affected thereby subject to all of
the terms of this Agreement.
8.8. Modification. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by a written instrument duly executed and acknowledged
by the parties hereto, their successor or assigns and duly recorded in the Office of the County
Recorder, County of Riverside.
8.9. Attorneys' Fees. If any action or proceeding is commenced by any
party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover
from the other party reasonable attorneys' fees and costs in addition to any other relief awarded
by the court.
8.10. Remedies Cumulative. The parties' respective rights and remedies
under this Agreement are cumulative with and in addition to all other legal and equitable rights
and remedies which the parties may have under applicable law.
8.11. Severability. The invalidity or unenforceability of any provision of this
Agreement with respect to a particular party or set of circumstances shall not in any way affect
the validity and enforceability of any other provisions thereof, or the same provision when
implied to another party or to a different set of circumstances.
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#157198v5
"CITY"
CITY OF MENIFEE,
a municipal co tion
By:
Scott Mann, Mayor
ATTEST:
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BY: {
ti Kathy Bennett, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
JAeH.iggs, City A ey
"ASSOCIATION
MENIFEE MASTER ASSOCIATION
By: i'/- - J,,1, O j
Ellen Ruth Hoffman —Schnoor
President
By.
—Gerald Paul Stamper
Vice -President
#157148v5
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On the day of July 2nd, 2014, Jeannie Harvey, before me, the undersigned, a Notary Public, in
and for said state and County, personally appeared. Ellen Ruth Hoffman-Schnoor,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
who executed `the within instrument as the on behalf of the CITY OF MENIFEE, the municipal
corporation therein named, and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my ban and official seal.
No. Public l
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STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On the day of July 2nd, 2014, Jeannie Harvey, before me, the undersigned, a Notary Public, in
and for said state and County, personally appeared. Gerald Paul Stamper,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
who executed `the within instrument as the on behalf of the CITY OF MENIFEE, the municipal
corporation therein named, and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
(M ag V
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NotArj Public
(SEAL)
Eyl006AM
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#157198v5
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Agreement to the City
of Menifee, a municipal corporation, is hereby accepted by the undersigned officer and agent of
the City of Menifee, pursuant to the authority conferred by the City Council of the City and that
the City consents to the recording of the Agreement.
Signed and dated at Menifee, California on 2014.
"GRANTEE"
CITY OF M IFEE,
a munici oraat%tii�o""nn�
Scott Mann, Mayor
Date: -I( a0 I tl
ATTEST:
ICat y Bennett, City Clerk
2(114-0486534
N157198v5 ie; M -014
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EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT
GPI
#157198v5
EXHIBIT "A"
CITY OF MENIFEE
NEWPORT ROAD SIDEWALK EASEMENT
PARCEL "A"
BEING A PORTION OF LOT 68 OF TRACT NO.22127-1 FILED IN MAP BOOK 189, PAGES 41
THROUGH 45, INCLUSIVE, TOGETHER WITH A PORTION OF PARCEL 5 OF PARCEL MAP NO.
21838 FILED IN PARCEL MAP BOOK 146, PAGES I THROUGH 26, INCLUSIVE, RECORDS FILED
IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 2, T. 6S., R.
3W., S.B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF NEWPORT ROAD AND THE
CENTERLINE OF ANTELOPE ROAD AS SHOWN ON SAID TRACT NO.22127-1;
THENCE. EAST ALONG SAID CENTERLINE OF SAID NEWPORT ROAD, SOUTH 89030'40" EAST,
A DISTANCE OF 100.00 FEET;
THENCE SOUTH AT RIGHT ANGLE OF SAID CENTERLINE OF NEWPORT ROAD, SOUTH
00029'20" WEST, A DISTANCE OF 55.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
LOT 68, SAID POINT BEING ON A LINE PARALLEL AND 55.00 FEET SOUTH OF SAID
CENTERLINE OF SAID NEWPORT ROAD SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
THENCE EAST ALONG SAID NORTHERLY LINE OF SAID LOT 68, SOUTH 89°30'40" EAST, A
DISTANCE OF 52.95 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 68, SOUTH 78-13-37" EAST, A
DISTANCE OF 30.66 TO A LINE PARALLEL AND 6.00 FEET SOUTH OF SAID NORTHERLY LINE
OF SAID LOT 68;
THENCE EAST ALONG SAID PARALLEL LINE, SOUTH 89030'40" EAST, A DISTANCE OF 525.77
FEET;
THENCE NORTH AT RIGHT ANGLE OF SAID PARALLEL LINE, NORTH 00029'20" EAST, A
DISTANCE OF 6.00 FEET TO SAID NORTHERLY LINE OF SAID LOT 68
THENCE EAST ALONG SAID NORTHERLY LINE, SOUTH 89030'40" EAST, A DISTANCE OF 40.00
FEET;
THENCE SOUTH AT RIGHT ANGLE OF SAID NORTHERLY LINE, SOUTH 00029'20" WEST, A
DISTANCE OF 16.00 FEET TO A LINE PARALLEL AND 16.00 FEET SOUTHERLY OF SAID
NORTHERLY LINE;
THENCE WEST ALONG SAID PARALLEL LINE, NORTH 89030'40" WEST, A DISTANCE OF 566.75
FEET;
PAGE 1 OF 2
II Hlill I� iv a £i 12
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EXHIBIT "A"
CITY OF MENIFEE
NEWPORT ROAD SIDEWALK EASEMENT
THENCE NORTHWESTERLY LEAVING SAID SOUTHERLY 16.00 FOOT PARALLEL LINE, NORTH
78°13'37" WEST, A DISTANCE OF 30.66 FEET TO A LINE PARALLEL AND 10.00 FEET
SOUTHERLY OF SAID NORTHERLY LINE OF SAID LOT 68;
THENCE WEST ALONG SAID 10.00 FOOT PARALLEL LINE OF SAID NORTHERLY LINE OF SAID
LOT 68, NORTH 89°3040" WEST, A DISTANCE OF 62.11 FEET TO THE NORTHWESTERLY LINE
OF SAID LOT 68;
THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF SAID LOT 68, NORTH
45°53'36" EAST, A DISTANCE OF 14.24 FEET TO THE TRUE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL OF LAND CONTAINS 6544.54 SQ. FT MORE OR LESS
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
L.S. 6359
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Exp,12 31 14
Na 6359
PAGE 2 OF 2
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EXHIBIT `°B"
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