2020/01/15 Easement Community Beautification Easement - Audie Murphy Ranch Community Association3t412020 Batch 6001 876 Confirmation
RECORDED REQUESTEID BY ANI)
WHEN RECORDED, RETTIRN TO:
CITYOFMENIFEE
29844 Haun Road
Menifee, CA 92586
Attr: City Clert
Exempt recording requested psr Gov. Code 6103
DOC # 2020-0099592
03/03/2020 05:00 PM Fees: $0.00
Page 1 of '15
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-C ou nty Clerk-Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: KAREN #277
(Strcc $ov? lb fuRcoordcdt rrre oly)
COMMI'NITY BEAUTIFICATION
EASEMENT AGREEIi tEIttT
Tiis coMMLrMTy BEAUTIFIcATIoN EASEMENT AGREEMENT (*Agrement') is
entmd into &fu f5$ day of Janut4r, 2Un, W and barvecn the CITY Otr' MEI\ItriEE, amrmicipal ('Clt,/) and Audle Murahy Rmch Communlty Asrodeffon, a
homeowners noryrofit public benefit corporation ('Association), for the prrpose of granting an
easementwithin the arcas doscriH hcrGin-
RECITAIS
A. WHEREAS, the Association is the ownfi of ccrtain real property in thc City of
Meirifce, Statc of Califomia, and wiErin Tract No. 31392 (the'Tracf), which is a ponion of thc
Audie Murphy Ranch developmenl as reflected in fte map in the afiached Bfiibit"[."
B. WHEREAS, frc Ttact is improved with succts and stcetlights, ufrich re ownpd
by the Association (the 'Improvcments'). Thc ImprovemenE arc more particuldy described and
d€taild in tho athched Exhibit'8."
C. WHEREAS, the Tract is within thc boundaries of City of Mcnifoe Community
Fapilitics District No. 2012-l (the'€FD').
D. WHEREAS, all pro,perties within bomdarics of the CFD are ta:(ed to poy for
rrarioru serrricos, including strreet sweeping aod st€otlight maintc,oanoci those scryices arc
providod for the purpose of mainlaining &e boarty, dcsirability, qlulity, md value of the ovenall
Atdie Muphy Raoch Dwelopmeng and dl portions of thc Ardie Murphy Raoch Dorelopmcnt
b€o€fit ftrom eae,h portion bcing well-mainAined.
E. W:HEREAS, the Associstion dosircs to grmt to &e City a non-exclugive €ascm€Nrt
over fre Association's prropcrty, as dcpicted ir Exhibit "A" ed Erhibit "C'. for &e pupoee of
permitingfte City, orits arthorizedagcne aod/orrcprcscntatives, to conduct str€et sweeping md
sheAlight maintcnaocc of lhe Imp,rovemcnts as reflccted in the attachd Exhibit "8". Thc area
encumberod by this eascment is refcrred to hcrein as thc 'Easernent Arca'', and is more particrrlarly
described in the atachGd Exhibit'C". The grmt ofthc ease,meirt to the City within the Easemant
Ar€awill povidcthc mcans forthe Cltyto effetivelyconduct the steet swe€ping aodstreetlight
maintenmpe astivitica on thc Improvc,mc,lrts.
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31412020 Batch 6001 876 Confirmation
DOC #2020-0099582 Page 2 of 15
F. WHEREAS, ttc City shall provide strGet srrceping and stnoctlight mafurtcnanoe
only if and to the extent therc are available funds from the CFD to providc such sorvioes, and shall
have no obligEtion whatsoever to prcvide any such scrrrices fiom any other fiurding lnuroe.
G. WHEREAS, Association shall defend and irdcmnig thc City and iB
rGpr€s€ntatives from any liability, claim, or demand ("Claim") adsing from or relating to the
Improvcnrents md/or any act or went occurring on or rclating to or arising fronr 0re lmprovernents,
CIrceF and only to the extcnt any such Claim ariscs dircctly from thc City's sfret swe€ping or
streetlight maintcnancc activitics pursuant hcrcto.
TERMIT OF EASEMENT
l. Grant of Eassmcnts. The Association hercby grants to the City, effoctive upon the
Effective Date, a non€xclusive eascment for non-exclusivc access to the Eascmcmt Arca, as morc
spocifically dcfmed and described in Exhibit *C". and for the purposcs of conducting stnect
sweeping activities and constructing snrectlight maintcnancr to the ImprovemenB dcsffibd in
b(hibit'ts" to this Agreement ('Boautification Easerncnfl or "Easeinent).
2. Rcservation of Riqhs. The Beautification Easement conveycd by this Agreement
is subject to any and all cov€nants, conditions, rcstrictions, rcservationq €asomcnts, rights, rights
of wan and encumbranoes of rccord. Notrrithstanding the foregoing the Association hercby
agees to not rmreasonably intcrfarc with the City's usc and enjoymcnt of the Easenrent.
3. Term of Eascmcnt. This furccrnem and thc rcsulting Bcatrification Easement
shall r€main in cffcct in perpenrity, and may be modified as contcmplated in Sections 5 to 7 and
14 of this.q,grGctrlcnt
4. RESERVED.
5. RE$ERVED.
6. Effectivc Date. This Agreernent shall not be effectivc until this Agrcoment has
bcn rcoorded in the Cowrty Rocorder's office (thc "Effective Date) and shall rcmain in full fonce
ard effect in pcrpchrity urless and until the Agreemort is terminated or otherwisc amendcq rg
provided undcrfie tcrms of this Agrcemcnt
7. Modifications to Imprcvcments. Notwithstanding any of the forcgoing; thc City
drall have 0rc right to modiry, change or othemrise ahor thc freqrrncn timing and sc.h€dulc for
oottducting thc stneet sweeping and succtlight maintcnanco activitics authorizod by thc
Beautific*ion Eascmern Furthennore, the City will not bc rcquired to seck apprcval from the
Association to begn or conduot any shcet sweeping and sfeetlight maintcnancc activities (ttre*Work), prcvidcd thc City's Wort does not unrcasonably intcrfc,rc with the Assooiation's usc of
itsrGal prcpcrty wiftin the Tract.
8. Covenants Running with thc [,and. The Association and the City hereby declare
thd all intcrests in the Eascmcnt Arpa atr to be hel{ conveyed, enoumbered, usod, and improved
https ://gs. secu re-record i n g . com/Batch/Confi rmation/600 1 876 212
subject to this Easement and the covenants, terms and conditions contained herein, all of which
are declared and agreed to be for the benefit of the Easement Area. All provisions of this
Easement are imposed as covenants running with the land. All persons having or acquiring any
right, title or interest in the Easement Area or any part thereof shall take subject to the provisions
of this Easement.
9. General Provisions. This Agreement shall be governed by and construed in
accordance with the laws of the State of Califomia. This Agreement constitutes the entire
agreement between the City and the Association pertaining to the grant of the Easement within the
Easement Area, and all prior and contemporaneous agreements, representations, negotiations and
understandings of the parties, oral or written, relating to this subject matter are hereby superseded
and merged herein or therein. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which when taken together shall be deemed
an original, and shall constitute one and the same instrument. All exhibits attached hereto and
referred to herein are expressly incorporated herein as though set forth at length.
10. Authority. The Association and City have the power and authority to enter into
and perform their respective obligations hereunder. Each person signing this Agreement on
behalf of the Association has full power and authority to do so, and all necessary consents and
approvals have been obtained, and all corporate action has been taken to authorize the execution
and delivery of this Agreement.
I l. Successors and Assigns. This Agreement is binding on and shall inure to the
benefit ofeach ofthe parties hereto and their respective successors and assigns.
12. Notices. All notices or other communications between the Parties required or
permitted hereunder shall be in writing and personally delivered, or sent by certified United States
mail, postage prepaid, return receipt requested, or sent via overnight air courier (example, FedEx)
to the following addresses:
TO "ASSOCIATION":
Audie Murphy Ranch Community Association, a nonprofit public benefit corporation
c/o Keystone Pacific Property Management, Inc.
16775 Von Karmen Avenue, Suite 100
Irvine, CA92606
Attention: Jeanean Gillespie
TO "CITY":
CITY OF ME,NIFE,E:
29714 Haun Road
Menifee, CA 92586
Attn: City Manager
A notice or other communication shall be effective on the date of personal delivery if personally
delivered, the next business day after deposit with the ovemight air courier, or two (2) business
days following the date the notice is postmarked, if mailed via certified mail as set forth above.
Either Party may change the address to which notice is to be given to it by giving notice of such
change of address in the manner set forth above for giving notice.
13. Integration. This Agreement contains the entire agreement of the Parties with
respect to the subject matter hereof. It supersedes all prior or contemporaneous agreements and
representations.
14. Amendments. This Agreement may be modified only by a recorded written
agreement signed by the Parties or their successors in interest.
15. Severability. If any provision of this Agreement is held to be invalid or
unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force
and effect.
16. Attorneys' Fees. In the event of any action or proceeding brought by either Party
against the other under this Agreement, inclusive of all appeals of any such actions or proceedings,
the prevailing Party shall be entitled to recover reasonable costs and expenses, including, without
limitation, attorneys' fees, expert witness fees, and court costs, incurred for prosecution, defense,
consultation, or advice in such action or proceeding.
17. Indemnification. Association shall indemnify, defend and hold harmless City and
its agents, officers, employees, and representatives, from and against any and all claims, losses,
damages, liabilities, injuries, costs and expenses, including, without limitation, reasonable
attorneys' fees, because ofpersonal injury or death ofpersons or destruction ofproperty arising
from or as a result of the Improvements and/or any activity on or relating to the Improvements,
except for claims caused by the negligence or willful act or omission of City in the conduct of the
Work.
18. Insurance. The Association shall obtain and maintain commercial general liability
insurance (the "Policy") insuring itself against claims for personal injury, death or property
damage occurring in, upon or about the Improvements. Such Policy shall be written with an
insurer licensed to do business in the State of California. The limits of liability on the Policy shall
be at least Five Million Dollars ($5,000,000.00) combined single limit. The City shall be named
as an additional insured on the Policy. The Association shall cause to be issued a certificate of
insurance to the City and have such certificate provide that the Policy shall not be canceled or
amended without ten (10) days prior written notice to the City.
19. Governing Law. This Agreement shall be governed by and construed and
enforced under the laws of the State of California.
20. Counterpart. This Agreement may be executed in one or more counterparts, each
of which shall be an original and all of which shall constitute one agreement.
21. Recordation. This Agreement may be recorded by either Party hereto upon
receipt of a fully-executed and acknowledged original counterpart of this Agreement.
[Signature Page Follows]
IN WITNESS WHEREOF, the Association and City have caused this instrument to be
executed on
..ASSOCIATION"
Audie Murphy Ranch Community Association,
a nonprofit public benefit corporation
By:
Name: Jeanean Gillespie
Title: Manager
Name:
Title:
2020, at , California.
..CITY"
CITY OF MENIFEE,
a California municipal
Name: Armando Villa
Title: City Manager
ATTEST:
A. Manwaring, City
AS TO FORM:
Melching,Attorney
t
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IN WITNESS WHEREOF, the Association and City have caused this instrument to be
executed on 2020, at California.
..ASSOCIATION" "CITY"
Audie Murphy Ranch Community Association, CITY OF MENIFEE,
a nonprofit public benefit corporation a California municipal corporation
By:
Name:
Title:
By:
Name:
Title:
ll./br,tcn
?rcsi&"1-Name: Armando G. Villa
Title: City Manager
ATTEST:
Sarah A. Manwaring, City Clerk
APPROVED AS TO FORM:
Jeffrey T. Melchirg, City Attorney
-6-
J
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, accurdey, or validity of that
document.
STATE OF CALIFORNIA
SS.
COUNTY OF Oranqe
On 2t 2020, before
, Notary personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
i#are subscribed to the within instrument and acknowledged to me that ln/sheltheylexecuted the same in
his#rer/their authorized capacity(ies) and that by lrisAer/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifr under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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MEAGAN KNECHT
coMM , # 2294992
ORANGE COUNTY
NOTARY
MY COMMISSION EXPIRES -l
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Exhibit A
MAP OF ASSOCIATION PROPERTY
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Exhibit B
DESCRIPTION AND RENDE,RING OF "IMPROVEMENTS"
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LEGTND
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T STREET PAVEMENT IMPROVEMENTS
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EXHIBIT B E
Engineering, lnc.
ENG;INEERING
UND PUNNING
SURVTYING
357 N. SHERIDAN STREET
SUITE II7
CORONA, CALIFORNIA 92880
TEL. (951) 27e-t800
FAX (est) 27s-4J80
SCALE: l "=200'
0 200 400 600
IMPROVEMENTS
dwg By Bryon Clork
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Exhibit C
LEGAL DESCRIPTION OF CITY'S EASEMENT AREA
OVERLAYING ASSOCIATION PROPERTY
All areas within the boundaries of Lot B (Broken Spur Way), Lot C (Deputy Way), Lot D (Red
Cloud Way), Lots E and F (Buckstone Lane), Lot G (Trailblazer Lane), Lot H (Wind Walker Way),
and Lot I (Ponderosa Lane), of recorded Tract Map 3t392, filed on the 27th day of December 2012,
in Book 436, pages 69-77 inclusive of the Records of Riverside County, California.
CERTIFICATE OF ACCEPTAI\CE OF INTEREST IN REAL PROPERTY
THIS IS TO CERTIFY that the interest in real property and other interests conveyej-by thg-
instrument dut.d .j0nr^aIg--12-, 2020, rrom Audri \\qrvhj g^r.cr, a-,'f t/",ftf#tr&.-''
association1..G.a,toFliotil"CITYoFMENIFee,@oration(..City''),
is hereby accepted by the City Manager pursuant to the authority to accept interests in real property
on behalf of the Grantee conferred by Resolution No. 2O 'I gl The City further consents
BY THE CITY OF MENIFEE
(GOVERIIMENT CODE SECTION 27281)
CITY OF
to its recordation.
Dated:
State of California)
County of Riverside)
On , before me,
personally appeared
who proved to me on the basis of satisfactory
subscribed to the within instrument, and
hi s/he r ltheir author ized capac ity(ies),
person(s), or the entity upon behalf
I certify under PENALTY O
paragraph is true and
WITNESS my
By:Villa
Its: City Manager
Notary Public,
(here insert title of the officer)
to be the person(s) whose name(s) is/are
to me that he/she lthey executed the same in
signature(s) on the instrument the
s) acted, executed the instrument.
the laws of the State of California that the foregoing
(seal)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMEI.IT crvrL coDE s 1189
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
On before ffie,
te Here lnsert Name and Title of the
personally appeared Rvrnarrdn b. Vr\\a
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(pf whose nameltl is/*4
subscribed to the within instrument and acknowledged to me that he/s#lthef executed the same in
his/h6llfrl,r authorized capacity(iedJ, and that by his/WftW signature(afon the instrument the person(af,
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALW OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
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WITNESS my hand and official seal.
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ASTEPI"IANIE NICOLE ROSEEN
coilrM. #21636p/2
NOTAHY PUBLIC . CALIFORNIA
RIVERSIDE COUNfi
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LI Trustee I I Guardian or Conservator
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OPTIONAL
Though this secfion is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: _ Signer(s) Other Than Named Above:
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Signer's Name:Signer's Name:
E Corporate Officer Title(s):L i Corporate Officer Title(s)
tr Other:i r Other:
Signer ls Representing:Signer ls Representing:
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907