2020/03/09 Easement Grant of Easement - Temporary Construction - APN: 372-014-005{ommonwealth Land Tiile Company
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
Attn: City Clerk
29844 Haun Road
Menifee, CA92586
DOC # 202A-0I.08162
031091202012:05 PM Fees: $0.00
Page '1 of 10
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
**This document was electronically submitted
to the County of Riverside for recording.*
Receipted by: ALYCIA #778
APN: 372-014-005
-TfA fi: 0 20^ 03o
(Space above line for Recorder's use only)
The undersigned declares thal this document is recorded at the
request of andfor the benefit of the City of Menifee and is
therefore exempt from the payment of the recording fee
pursuant to Government Code $ 6103 and $ 27j83 and
from payment ofthe documentary trarufer tax
pursuant to Reyenue and T'axation Code $ I 1922.ftx {0,oo
GRANT OF EASEMENT
(Temporary Construction Easement)
This GRANT OF TEMPORARY CONSTRUCTION EASEMENT is made this 22"d day of
JANUAry 2020, by and between SASAN LIU ALISHAHI AND ELIZABETH RAMoS ARIAS
ALISHAHI, HUSBAND AND WIFE AS JOINT TENANTS ("Grantors"), un6 the CITy OF
MENIFEE, a California municipal corporation (,,City,').
For valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby
GRANT unto City, its successors and assigns, a TEMI,ORARY CONSTRUaTION EASEMENT
in, over, under and across the real property in the County of RIVERSIDE, State of California
described in Exhibit A attached hereto and made a part hereof, and depicted in Exhibit B attached
hereto and made a part hereof (the "Temporary construction Easement Area").
This Temporary Construction Easement is a nonexclusive easement which permits the City
of Menifee, and its officers, agents, employees, and contractors, to enter upon, over, under, along,
and across the 'I'emporary Construction Easement Area, consisting of approximately 1,063 rqr*i"
feet, as deemed reasonably necessary for all purposes incidental to the construction of the project
(the "Project"). This Temporary Construction Easement shall include the right to perform wiihinthe Temporary Construction Easement Area, any necessary excavation; gradi.rg; earth fill;
compaction; installation of concrete forms; landscaping; irrigation; utility; *a rign relocation;
accommodation of private drainage facilities; and deposit of tools, equipment, and material for all
such necessary activities which are reasonably incidental to the work being performed on
Temporary Construction Easement Area in connection with the approved plans for the project;
provided , however, this Temporary Construction Easement shall nof incluae the right to store any
'Commonwealth Land Tifle Company
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
Attn: City Clerk
29844 Haun Road
Menifee, CA92586
q OL
APN: 372-014-005
TfAfi: 02b- 03o
(Space above line for Recorder's use only)
The undersigned declares that this document is recorded at the
request of and for the benefit of the City of Menifee and is
therefore exemptfrom the payment ofthe recordingfee
pursuant to Goyernment Code $ 6103 and $ 27383 and
from payment ofthe documentary transfer tax
pursuant to Revenue andTaxation Code $ I 1922.frx so,oo
GRANT OF EASEMENT
(Temporary Construction Easement)
This GRANT OF TEMPORARY CONSTRUCTION EASEMENT is made this 22"d day of
lanuary 2020, by and between SASAN LIU ALISHAHI AND ELIZABETH RAMOS ARIAS
ALISHAHI, HUSBAND AND WIFE AS JOINT TENANTS ("Grantors"), and the CITY OF
MENIFEE, a California municipal corporation ("City").
For valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby
GRANT unto City, its successors and assigns, a TEMPORARY CONSTRUCTION EASEMENT
in, over, under and across the real property in the County of RIVERSIDE, State of California
described in Exhibit A attached hereto and made apart hereof, and depicted in Exhibit B attached
hereto and made apart hereof (the "Temporary Construction Easement Area").
This Temporary Construction Easement is a nonexclusive easement which permits the City
of Menifee, and its officers, agents, employees, and contractors, to enter upon, over, under, along,
and across the Temporary Construction Easement Area, consisting of approximately 1,063 square
feet, as deemed reasonably necessary for all purposes incidental to the construction of the Project
(the "Project"). This Temporary Construction Easement shall include the right to perform within
the Temporary Construction Easement Area, any necessary excavation; grading; earth fill;
compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation;
accommodation of private drainage facilities; and deposit of tools, equipment, and material for all
such necessary activities which are reasonably incidental to the work being performed on
Temporary Construction Easement Area in connection with the approved plans for the Project;
provided , however, this Temporary Construction Easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be performed on site in
connection with the Project, nor to block all pedestrian or vehicular access to the larger parcel of
property of which the Temporary Construction Easement Area is a part ("Grantors' Property"), nor
exercise the uses of the easement outside of the Temporary Construction Easement Area. The
grant of the Temporary Construction Easement includes the right to access the Temporary
Construction Easement Area during normal business hours to conduct studies, tests, examinations
and surveys necessary to design and construct the improvements including without limitation the
right of vehicular and pedestrian ingress and egress, in, over, under, across, along and upon the
Temporary Construction Easement Area.
To the extent legally permitted improvements are constructed on the Temporary
Construction Easement Area, City shall protect or restore all improvements thereon.
All activities conducted by City and/or its representatives shall be conducted in an
environmentally sound and workmanlike manner. City and its representatives shall not: (i)
unreasonably interfere with the use of Grantors' Property or any tenants or occupants of Grantor's
Property, (ii) damage Grantors' Property in any manner not called for under the Project's approved
construction plans, and (iii) block or obstruct all ingress or egress to or from Grantors' Property,
block allvisibility to the signage orthe use of reasonable vehicularaccess roads during business
hours. If any portion of Grantors' Property outside of the Temporary Construction Easement Area
suffers damage by reason of the exercise of the rights under this Temporary Construction
Easement, City shall promptly repair such damage, and restore Grantors' Property to the same
functional condition prior to the occurrence of such damage as is reasonably possible.
This Temporary Construction Easement shall be effective for a period of thirty (30) months
beginning on the date that is thirty (30) days following written notice from City to Grantor's of the
activation ofthe Temporary Construction Easement. The Temporary Construction Easement shall
expire on the earlier of (i) the termination date or (ii) the date on which City records a notice of
termination of the Temporary Construction Easement or Project Completion Notice in the Official
Records of the County of Riverside.
At the expiration of this Temporary Construction Easement, City shall restore the
Temporary Construction Easement Area to a functional condition as near as reasonably possible
to the condition that existed immediately prior to City's exercise of the rights hereunder, consistent
with the improvements to be constructed by the Project.
SEE EXHIBIT "A" and "8" ATTACHED HERETO AND MADE PART HEREOF.
IN WITNESS WHEREOF, Grantors' and City have executed this Grant of Easement as of
the date first set forth above.
Sasan Liu Alishahi and Elizabeth Ramos Arias Alishahi, Husband and Wife as Joint
Tenants
uiul QLi5hcl.
By
N,
Itq'
I
By
Name: ,C{ryiluetr ?awrco Qe,q< RtiaVravr,
t2Date: I c I
ACKNOWLEDGEMENT
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 Riverside
On L2/77 /2oLe , 2019 , before me, @, Notary Public,
personally appeared Sasan Liu Alishahi 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.
TU*OTHY R. TCCLO'D
Notary Publk - California
River:ide County
Commission i2210910
lly Comm. Erpires Dec 11,2072
WITNESS my hand and official seal.za
(Seal)
)
)
/A\w
ACKNOWLEDGEMENT
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 Riverside
On L2/L7 /2oLe 2019, before me, @, Notary Public,
personally appeared Elizabeth Ramos Arias Alishahi , 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.2z
TIXOTHY R. ICCLOUD
Notary Public - Glifornia
Riyerside County
Commission 12210910
lly Comm. Erpires Dec 14, ZOZL
Signature (Seal)
)
)
EXHIBIT 6(A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
SASAN L. &ELVABETH R.A. ALISHAHI
Parcel 372-014-005-l
An easement for temporary construction purposes and incidents thereto in
and to that portion of Lot 85 of Tract Map No. 22390 recorded in
Map Book 188, Pages 29 through34, inclusive, in the Office of the County
Recorder of Riverside County, in the City of Menifee, County of Riverside,
State of California, more particularly described as follows:
Commencing at the northwest corner of said Section 11, Township 6 South,
Range 3 West, San Bernardino Meridian, said point monumented with a
3" brass disk, 0.4 feet below the surface within the Right of Way of
Interstate 215;
Thence South 89o33'18" East (South 89o33'06" East per said Tract Map)
along the northerly boundary of said Section 1 l, a distance of 813.1 2 feet;
Thence South 00"26''42" West, perpendicular to said northerly bound?ry, d
distance of 50.00 feet to the southerly Right of Way of Holland Road (50.00
feet half width);
Thence South 89o33'18" East, along said southerly Right of Way, a distance
of 259.98 feet to the northwest corner of said Lot 85 and the True Point of
Beginning;
Thence continuing South 89o33'18" East, along said southerly Right of
ky, a distance of 103.76 feet to the northeast corner of said Lot 85;
Thence South 07"55'38" East (South 07"55'26" East per said Tract Mup),
along said easterly boundary of said Lot 85, a distance of 10.11 feet;
Thence North 89"33'18" West a distance of 108.69 feet to the westerly
boundary of said Lot 85;
Page I of2
EXHIBIT "A"
LEGAL DESCRIPTTON
TEMPORARY CONSTRUCTION EASEMENT
Thence North 19o30'41" East (North 19o30'53" East per said Tract Mup),
along said westerly boundary, a distance of 10.58 feet to the True Point of
Beginning.
Containing 1,063 square feet more or less.
See Exhibit "B" attached hereto and made aparthereof.
The bearings and distances shown in the above description are on the
California Coordinate System of 1983 (2007),Zone 6. Divide distances in
the above description by 0.999907542 to obtain ground distances.
This real property description has been prepared by me, or under my
with the Professional Land Surveyors' Act.
Bentley, P.L.3
No.7223
TAND
**
PageZ of2
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SASAN L. & ELIZABETH R.A. ALISHAHI
TEMPORARY CONSTRUCTION
EASEMENT
372-O I 4-005- I
EXHIBIT ''B''
}OT TO SCALE
CITY
COUNTY
OF MENIFEE
OF RIVERSIDE
PARCEL
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EXISTING PARCEL LINES
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
TEMP. CONSTRUCIION EASEME
PERMANENT MAINTENANCE EASE
PERMANENT UTILITY EASEMENT
RTGHT OF WAY
TEMPORARY CONSTRUCTION
EASEMENT
PARCEL 372-014-00s-1
EXHIBIT ''B''
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LINE DATA TABLE
NO.D I STANCE BEARING
LI 50.00's000 ?6'42"w
L?2 59.98',sggo 33''l g"E
L3 r 03.76's890 33'l 8"E
L4 10.1 r 's0?o55'39"E
L5 I08.69',Ngg'33'1 8"W
L5 r 0.58',N19030',4I"E
L7 ?4.46'.s07" 55'39"E
L8 I 10.02'Nl 9" 30',41"E
L9 I 54.80',s4 g" 59'4 g"w
TCE
CERTIFICATE OF ACCEPTANCE
is to that the interest in real property conveyed by the GRANT OF EASEMENT dated
2O@, fTom SASAN LIU ALISHAHI AND ELIZABETH RAMOS
ARIAS ALISHAHI, HUSBAND AND WIFE AS JOINT TENANTS to the CITY OF MENIFEE,
a California municipal corporation ("City"), is hereby accepted by the undersigned officer or agent
on behalf of the City of Menifee
/c o I^ ZZ-Zo
G. Smith, P.E.
Engineer, City of Menilee
Date
LARRY W. WARD
COUNTY OF RIVERSIDE
ASSESSOR-COUNTY CLERK-RECORDER
Website: www. riversideacr. com
DOCUMENTARY TRANSFER TAX AFFIDAVIT
WARNING
ANY PERSON WIIO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR TTIE, PURPOSE OF AVOIDING ALL OR ANY PART
OF THE DOCUMENTARY TRANSFf,R TAX IS GTIILTY OF A MISDEMEANOR TINDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY
OT'RIVERSIDE AND IS STIBJECT TO PROSECTITION FOR SUC}I OFFENSE.
ASSESSOR'S PARCEL NO. 372 -- ql4 --- 005 I declare that the documentary transfer tax for this
Property Address: 28218 Fruitwood Drive. Menifee, CA transaction is: $ 0
If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.
I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The
Sections listed below are taken from the Revenue antl Toxstion Code. Please check one or explain in ,,Other,,,)
-
Section I l9l I . The document is a lease for a term of lqthan thirry-five (35) years (incruding options).
_ Section I l9l 1. The easement is not perpetual, permanent, or for life.
_ Section 11921. The instrument was given to secure a debt.
-
Section 11922. The conveyance is to a governmental entity or political subdivision.
-
Section 11925. The transfer is between individuals and a legal entity, or between legal entities,
and does not change the proportional interests held.
-
Section 11926. The instrument is from a trustor to a beneficiary, in lieu of foreclosure, and no
additional consideration was paid,
-
Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the
foreclosing beneficiary does not exceed the unpaid debt.
-
Section 11927. The conveyance relates to a dissolution ofmarriage or legal separation,
_ Section I 1930. The conveyance is an inter vivos gift* or a transfer by death.
*Please be aware that information stated on this document may be given to and used by governmental
agencies, including the Internal Revenue Service. Also, certain gifts in excess of the annual Federal gift
tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be
required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue Service.
_ Section I 1930. The conveyance is to the grantor's revocable living trust.l0
il _ Other (lnclude explanation and authority)
T DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRIJE AND CORRECT.
Executed this 2020 at Newnort Reach A
Recorder
P.O. Box 751
Riverside, C A 92502-07 5 I
(9s l ) 486-7000
I
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5
6
7
8
9
City State
Commonweelth Lanrl Title Comnanv
Printed Name of Affiant
949-724-3170
Name of Firm (if applicable)
4100 Newport Pl.. #120, Newport Beach. CA a26G
Address of Affiant
Telephone Number of AIIiant (including area code)
This form is subject to the California Public Records Act (Government Code 6250 et.
ACR s2lP-AS4EX0 (Rev. I l/2010)Available in Alternative Formats
seq.)
For Recorder's Use:
Affix PCOR Label Here
Adriana Santillan