2016/01/04 Foothill Arch, LLC Lot line adjustment NO15-001 AGREEMENT
1. Parties and Date.
This Agreement is entered into as of this ` �,/, by and between the City of
Menifee, a municipal corporation (hereinafter referred to s("City") and, Foothill Arch, LLC, with
its principal place of business at 2910 S. Archibald, A-350, Ontario, CA 91761 (hereinafter
referred to as "Developer").
2. Recitals.
2.1 Developer has submitted to the City for its approval, Plot Plan 2015-031, a
proposed development of the property located on Southwest corner Newport Road and Menifee
Road in the City of Menifee. The property is more specifically described as Lot Line Adjustment
No. LLA 15-01 recorded October 22, 2015 as instrument No. 2015-0464315 of Official Records
of Riverside County (hereinafter referred to as "Parcel A"). All property located within Parcel A is
as legally described in Exhibit "A" attached hereto and incorporated by reference.
2.2 On or about October 14, 2015, the Planning Commission of the City of Menifee
(hereinafter referred to as "Commission") adopted Resolution PC 15-235 wherein the
Commission approved Plot Plan 2015-031 subject to satisfactory completion of the Conditions
of Approval for the development of Parcel A. Pursuant to Conditions of Approval Nos. 103, 104,
105, 107 & 108 the Developer is required prior to the issuance of Certificate of Occupancy, to
annex to a Citywide Landscape and Lighting Maintenance District (hereinafter referred to as
"Citywide Maintenance District") for the maintenance of streets within public right of way.
2.3 Developer and City desire to enter into this Agreement for the purpose of
complying with Conditions of Approval Nos. 103, 104,105, 107 & 108 pursuant to Resolution PC
2015-235. Although timing prevents the Developer from agreeing to the express terms of
Conditions of Approval in Recital 2.2 above, it is willing to agree that all property located in
Parcel A will be included within an established and recorded Citywide Maintenance District prior
to any sale, transfer or other conveyance of any kind of property located within Parcel A.
2.4 This Agreement is made in consideration of the approval of Plot Plan 2015-031
pursuant to Resolution PC 2015-235.
3. Terms.
3.1 Petition. As owner of all property located within Parcel A, Developer shall sign a
petition to annex Parcel A to an established and recorded Citywide Maintenance District.
Developer shall sign such petition upon the request of the City at no cost, expense or other
obligation of the City.
3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for
the annexation of Parcel A into the Citywide Maintenance District. Such costs shall include, but
shall not be limited to, all administrative, publication, engineering and legal costs and fees of
any kind related to the annexation of Parcel A into the Citywide Maintenance District.
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3.3 Inclusion. Developer understands, acknowledges and agrees that it shall not be
authorized to sell, transfer or in any other manner convey any of the property located within
Parcel A prior to the inclusion of all property located in Parcel A in the Citywide Maintenance
District which is currently in the process of formation pursuant to all requirements of state and
local laws, rules and regulations.
3.4 Indemnification. Developer and the City shall mutually indemnify, defend and
hold each other and their officials, officers, employees, agents and contractors free and
harmless from and against any and all losses, claims, damages, fees (including attorney's fees
and costs), injuries to persons or property (including wrongful death) in any manner arising out
of or incident to each other's own negligent acts, omissions or willful misconduct relating to this
Agreement.
3.5 Amendment. The terms and conditions of this Agreement may be altered,
changed or amended only by written agreement of the parties hereto.
3.6 Notices. All notices to be given hereunder shall be in writing and may be made
either by personal delivery or by registered or certified mail, postage prepaid, return receipt
requested. Mailed notices shall be addressed to the parties at the addresses listed below, but
each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed communicated as of actual receipt; mailed notices
will be deemed communicated as of two (2) days after mailing.
City: City of Menifee
29714 Haun Road
Menifee, California 92586
Attn: City Clerk
Developer: Foothill Arch, LLC
2910 S. Archibald, A-350, Ontario, CA 91761
Attn: Andrea Sehremelis
3.7 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.8 Recordation. City shall cause this Agreement to be recorded with the Riverside
County Recorders Office.
3.9 Covenant Running With the Land. The parties intend that the benefits and
burdens described herein constitute covenants running with Parcel A for the benefit of the
Developer's property located within Parcel A.
3.10 Attorney's Fees. Should either party bring a legal action for the purpose of
protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall
be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs
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of suit.
3.11 Governinq Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.12 Headings. Section headings contained in this Agreement are for convenience
only and shall not have an affect in the construction or interpretation of any provision.
3.13 Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings
or agreements, either written or oral, express or implied. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day
and year first above written.
CITY OF MENIFEE Foothill Arch, LLC
a California limited liability company
4f , BY:
\'`;• 'Njayor � a gi ember
a
T�
B .0 ' ;Clerk ,,, = 1
By.
ARlPRON. A$r -'FORM: M nagi Me r
By'
of y T. Melch'
City Attorney
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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 LOS ANGELES}
On :S Ua�H H. Zola , before me, Priscilla Elizabeth Diaz , a Notary Public, personally
appeared AA-�aP,n who proved to me on the basis of satisfactory
evidence to be the person( whose name(/) ish* subscribed to the within instrument and
acknowledged to me that he/sloe/thAy executed the same in his/hel/tl�ir authorized capacity(ii),
and that by his/grhl it signature(} on the instrument the person(, or the entity upon behalf of
which the person( 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 m hand and official seal. PRISCILIA ELIZABETH OIAZ
y COMM. #2035249 z
0 Notary Public•California p
z Los Angeles County
Comm.Expires Jut 30,2017
Signature: (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 15-001, AS EVIDENCED BY
DOCUMENT RECORDED ON OCTOBER 22, 2015 AS INSTRUMENT NO. 2015-0464315 OF
OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 12 OF PARCEL MAP 21838 IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP IN FILE IN BOOK
146, PAGES 1 THROUGH 26, INCLUSIVE OF PARCEL MAP, RECORDS OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF LAND DESCRIBED BY INSTRUMENT NO. 40486,
RECORDED ON JUNE 3, 1957, OF OFFICIAL RECORDS OF SAID COUNTY LYING IN
SECTION 2, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 12, SAID
POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NEWPORT ROAD AS
SHOWN ON SAID PARCEL MAP 21838, DISTANT 55.00 FEET FROM THE CENTERLINE
THEREOF;
THENCE SOUTH 890 30' 40" EAST ALONG SAID RIGHT-OF-WAY LINE, 573.24 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 000 46, 37"
WEST, 205.24 FEET;
THENCE SOUTH 890 13' 23" EAST, 227.18 FEET;
THENCE SOUTH 000 46' 37" WEST, 101.34 FEET;
THENCE SOUTH 890 13' 23" EAST, 219.67 FEET TO THE WESTERLY RIGHT-OF-WAY LINE
OF MENIFEE ROAD, AS SHOWN ON SAID PARCEL MAP 21838, DISTANT 50.00 FEET
FROM THE CENTERLINE THEREOF;
THENCE NORTH 000 46' 37" EAST ALONG SAID RIGHT-OF-WAY-LINE, 285.71 FEET;
THENCE NORTH 440 22' 23" WEST, 32.61 FEET TO A POINT ON SAID SOUTHERLY RIGHT-
OF-WAY LINE OF NEWPORT ROAD;
THENCE NORTH 890 30' 40" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 36.88
FEET TO A POINT ON THE WESTERLY LINE OF LAND DESCRIBED BY SAID
INSTRUMENT NO. 40486, SAID LINE ALSO BEING THE EASTERLY LINE OF LAND
DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED SEPTEMBER 6, 1996 AS
INSTRUMENT NO. 338409 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY;
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THENCE SOUTHWESTERLY LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 000 46' 37"
WEST ALONG SAID EASTERLY LINE; 30.00 FEET TO THE SOUTHEASTERLY CORNER OF
SAID LAND DESCRIBED BY SAID INSTRUMENT NO. 338409;
THENCE NORTH 890 30' 40" WEST ALONG THE SOUTHERLY LINE OF SAID LAND
DESCRIBED BY SAID INSTRUMENT NO. 338409, 29.85 FEET TO THE SOUTHWEST
CORNER OF SAID LAND DESCRIBED BY SAID INSTRUMENT NO. 338409.
THENCE NORTH 000 29' 20" EAST ALONG THE WEST OF SAID LAND DESCRIBED BY
SAID INSTRUMENT NO. 338409, 30.00 FEET TO THE NORTHWEST CORNER OF SAID
LAND DESCRIBED BY SAID INSTRUMENT NO. 338409, SAID POINT BEING ON SAID
SOUTHERLY RIGHT-OF-WAY LINE OF NEWPORT ROAD.
THENCE NORTH 890 30' 40" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
356.85 FEET TO THE TRUE POINT OF BEGINNING.
THIS AREA OF THIS PARCEL IS CONTAINS (2.60 ACRES).
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION
DENNIS C. FARNSWORTH, v DATE
RCE 31653, EXP. 12/31/16
Vo
. No. 31653 '
LIC. EXP.
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5
EXHIBIT "A"
SEE DETAIL
NEWPORT ROAD "A" HEREON
7P08 PM94.1, h -
' r N893040"W 573.24' N8930 40"W 1
/ vP019 356.85'
/ SOO 4637"W
205.24' PARCEL MAP 36998
PARCEL A
a r OGU�7� #20fl�046Q��� 5897323E e0
RECORDED ON =22/2M 227.18' �
S004637"W �I
W
101.34 S897323'E
7�RACT NO.22f12.9 219.67' Z
Me fl°0/79 25 � �
PO OLD AARCELL�2 150
5� 20
I ,
NOT A PRT
PER DEED RECORDED ON DECEMBER 10, 2015
AS INSTRUMENT NO. 2015-0535635 OF O.R.
N893040"W
30.00' N89 30 40"W
N89 30 40"W 36.88"
356.85' N44 22 23"W
32.61'
N00 29 20'E
30.00'
SOO 4637"W
30.00' O
N89 30 40"W bu
28.85' W 2
PARCEL MAP 36998 Q
o NEWPORT RD. NEWPORT RD.
W
PROF ESS/p Z
FA R,i W A VE MARBELLA SI TE
No. 31653 =
Exp. 12/31/2016 ROCKPORT
ST�TF OF'CA\F \P WCINI TY MAP
SCALE.' 1 =200' N.T.S.
SECT/ON 2, TOWNSHIP 65 RANGE 3W, S.B.M. LAND 2313 E. Philadelphia St., Ste. F
DEVELOPMENT ONTARIO, CA 91761
(909) 930-1466
PARCEL MAP 56998 Of-SIGN FAX (909) 930-1468
COMPANY, LLC PLANNING • CIVIL • SURVEYING
THIS PLAT/S SOLELY AN AID IN LOCA77NG THE PARCEL DATE: SCALE: SHEET: JOB NO. W.O.
IN THE ATTACHED DOUMENT 11/19/15 1"=20' 1 1 OF 1 5331
6
SEE DETAIL
NEWPORT ROAD "A" HEREON
TPO v� _
' r N8930 40"W 573.24' N89 3040"W Lj
I /
/ 5 PDB 356.85'
S00 4637"W(j 205.24' PARCEL MAP 36998-'7- LLI dl 95 9O9 0
r Mr. If 2ME o°6Qs91s S897323'E" � p
G�1l�COMV D ON=231200 l5 227.18' Q<
S004637"W W�
\ 101.34 S89'1323'E
`11 FgACFN0 2212gq 219.67'
POGO OF PARCEL 92 150
FFj. 5Gp AMR 9Q6/9 20 ,
1
NOT A PRT
PER DEED RECORDED ON DECEMBER 10, 2015
AS INSTRUMENT NO. 2015-0535635 OF O.R.
t—
N8 930 40"W
30.00' N8 9:304 0"Yl
N8930'40V 36.88' N 44 2 2 356.85' 32.61'
N002920E
30.00' S004637"W
N89304D"W 30.DO' W
28.85'
PARCEL MAP 36998
o�u WZ
Lz-
oNEWPORT RD. NEWPORT RD.
�O QROFESS Z
FARF�G, I �. W AVE MARBELLA 51 TE
2 It Q �
(� W
C� No 31653
Exp. 12/31/2016 N �Oy ROCKPORT
- ram
S�TF CIVIL F°��\P KCINI TY MAP
SCALE.' 1 n 200 OF
N.T.S.
SECTION 2, TOWNSHIP 6S, RANGE 3W, SB.M. LAND 2313 E. Philadelphia St., Ste. F
DEVELOPMENT ONTARIO, CA 91761
(909) 930-1466
DESIGN FAX (909) 930-1468
PARCEL SAP 30008 COMPANY, LLC PLANNING •CIVIL . SURVEYING
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL DATE: I SCALE: SHEET. JOB NO. W.O.
IN THE A TTACHED DOUMENT 11/19/15 1"=20' 1 1 OF 1 5331
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