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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 �� IIIII II �I���IIIIII IIII � II S R I U JPAGEJ SIZE1 DA IMISCILONG1 RFD I COPY M A L 1 465 1 426 PCOR NCOR SMF NCH rn EXAM �v Cf Cli T: CTY I UNI (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 U ;,,,, Riverside. pi W_ 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. [SIGNATURES ON NEXT PAGE] 4 #157198v5 "CITY" CITY OF MENIFEE, a municipal co tion By: Scott Mann, Mayor ATTEST: -r iv lMN mu.. 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 ^Y N (SEAL) W NMI ftbk y�W N LL � HAgyEy fS .. COnwlwb0 i 2001p0` - C MMe"M Comm Iga Ffb 1. 2017 C 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 { NotArj Public (SEAL) Eyl006AM grOy1 7 #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 N1.25P 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 �2F 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 Z�QT Exp,12 31 14 Na 6359 PAGE 2 OF 2 III IIIII 1 lill I IIIII I II III 1 II � II II 1 l 5110 qf0 12 EXHIBIT `°B" MAP k157198v5 0 00 2/ / § ,m\ _N CD gg7 2 7 + , a « a + « im \|L ® a #� z/\e 00 F&r « a 4 � � O \� ± NL6 on Cl) -� « ° j 00 s �\� & § m \ \ f / \ / j / 2 §) \ \ b a■ m &E #2 @ \ \ 2 § ■ $q / ` ( \ k CL $GO m & 6 2 E,§ 2 Ix •�■ j <1 Lu @ § §Gf § / ao�o�N3� �§}2 1 | §|||� B§III i ~� \ 2