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2020/03/27 Easement Temporary Construction EasementCommonwealth Land Title Co. RECORDING REQUESTED BY AND WHENRECORI}ED MAIL TO: City ofMenifee Attn: City Clerk 29844 Haun Road Menifee, CA92586 8024473 APN: 360-130-003 TRA:026-016 TTX. 0.00 560,!3t8J8.0001 13815304.1 atUl0/19 DOC # 2020-0140349 0312712020 08:00 AM Fees: $0.00 Page 1 of 10 Recorded In Official Records County of Riverside Peter Aldana Assessor-C ou nty C lerk-Reco rder "This document was electronically submitted to the County of Riverside for recording*. Receipted by: TERESA #134 (Space above linc for Recordcr's use only) The undersigned declares that thi$ docunenl is recorded at the request olandfor the benefit ofthe Citlr otMenifee and ts therefore cxemptlrom ihe pyment of thc recordingfee ptrsuant lo Goyernmen! Code $ 6103 and g 27j8j and /rom payment otthe docwnantary transfer tax pursuant lo Revenue and Taxation Code $ I 1922. GRANT OF EASEMENT (Temporary Construction Easemen t) T or TEMB,OERY coNsrRUCTIoN EASEMENT is made this ?.lshday ofW4_ 42p31_^"abetween JIMMIE P. NELSoN AND LAURA r\AFErSor,r, AS TRUSTEES OF THE NELSON FAMILY TRUST, DATED 4II3II5 ("GrANtOr"), ANd thE CITY OF MENIFEE, a California municipal cnrporation (*City,). For valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby GRANTS unto City, its successors and assigns, a ffUpOReRY -CONSTRUCTION EASEMENT in, over, under and across the rral propelty 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 Temporary Construction Easement Area, consisting of approximately 10,796 squ*" feet, as deemed reasonably necessary for all purposes incidental to the construction ofthe 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 concrcte forms; Iandscaping; irigation; utility; and sign relooation; accomrnodation 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 -l- 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 ("Grantor's 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 Grantor's Property or any tenants or occupants of Grantor's Property, (ii) damage Grantor's 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 Grantor's Property, block all visibility to the signage or the use of reasonable vehicular access roads during business hours. If any portion of Grantor's 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 Grantor's Property to the same functional condition prior to the occurrence of such damage as is reasonably possible. The TCE shall be for a period of thirty (30) months ("TCE term"). The TCE Term shall commence on July 6,2020 or an earlier agreed upon date by both parties. The Grantor shall be provided at least thirty (30) days written notice prior to commencement of work within the TCE area. 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-3" and "B-3" ATTACHED HERETO AND MADE PART HEREOF. 560/03 I 8s8-0001 13815304 1 a0l/t4120 .) IN WITNESS WHEREOF, Grantor and City have executed this Grant of Easement as of the date first set forth above. Jimmie P. Nelson and Laura M. Nelson, as Trustees of The Nelson Family Trust Jimmie P. Nelson, Trustee Date: ,/ -z / - ZO Name: Laura M. Nelson, Trustee Date: t/ty/aD 560/03 I 858-000 I 13815304.1 al0/10/19 -J- SV&o"a- la,r"*4 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 sAN prEGO) On Januarv 14, 2020 before me, A. CORDERO ,Notary Public, personally appeared Jimmie P. Nelson 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 officialseal. Signature:(Seal) A. CORDERO Notary Public - California - San DiegoCounty commission # 2156063 My Comm. Expires Jul S, 2OZO ) ffi 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 SAN DIEGO} On Januarv 14,2020 before me, @Notary Public, personally appeared Laura M. Nelson 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 officialseal ) r) A, CORDERO Notary Public - California 5an Diego County Commission i 2156063 My Comm. Explres Jul 5, 2020Signature:ffi CERTIFICATE OF ACCEPTANCE This that the GRANT OF EASEME,NT dated AND LAURA M. NELSON, AS TRUSTEES OF THE NELSON FAMILY TRUST, DATED 4ll3l95 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. o?,%,zo G. Smith, P.E.Date Engineer, City of Menifee 560/03 l 858-000 I t3815304.1 al0/10/19 -6- Exhibit "A-3" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT JIMMIE P. & LAURA M. NELSON Parcel 360-130-003-3 An easement for temporary construction pulposes and incidents thereto in and to that portion of the Southeast Quarter of the Southeast Quarter of Section 3, Township 6 South, Range 3 West, San Bernardino Meridian, in the City of Menifee, County of Riverside, State of Califomia, as described in Grant Deed recorded December 16,2002 as Document No. 2002-750779, Offrcial Records of said County and shown on Record of Survey recorded in Book ll4,Page 92 of Records of Surveys, in the Office of the County Recorder of said county, described as follows: Commencing at the southeast comer of said Section 3, said point monumented with a 3" brass disk, 0.4 feet below the surface within the Right of Way of Interstate2l5; Thence North 89"42' 15" West (North 89o42'A4" West per said Record of Survey) along the southerly boundary of said Section 3, a distance of 80.26 feet; Thence North 00o17'45" East, perpendicular to said southerly boundary, a distance of 30.00 feet to the northerly Right of Way of Holland Road (30.00 feet half width); Thence North 45"30'51" East, a distance of 22.02 feet to the westerly right of way of Interstate Route 215; Thence North 00o44'38" East, along said westerly right of way, a distance of 227.45 feet Thence South 55"20'37" West a distance of 66.97 feet; Thence South 89"49'43" West a distance of 280.61 feet; Thence South 83"13'25" West a distance of 166.72feet; Pagc I of2 Exhibit "A-3" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Thence South 61"05'13" West a distance of t3.27 feet to the True point of Beginning; Thence South 61"05'13" West a distance of 73.88 feet; Thence South 81"19'43" West a distance of 223.73 feet; Thence North 51"40'32" East a distance of 66.75 feet- Thence North 60"16'19" East a distance of 59.79 feet; Thence North 79"43'41" East a distance of 75.36 feet; Thence South 82o59'15" East a distance of 44.76 feet; Thence South 71"43'27" East a distance of 39.98 feet' Thence North 83o13'25" East a distance of 25.20 feet to the True Point of Beginning. Containing10,796 square feet or 0.248 acres 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 direct fonnance with the Professional Land Surveyors' Act. No.7223 C t.ANO ** Or J C ,P Page2 of2 JIMMTE P. & LAIJRA M.I\TELSON TEMPORARY CONSTRUCTION EASEMENT PARCEL 360-130-003-3 EXIIIBIT ''B''mI TO SCIrE lEt e|,''|Erl tatr x lrrrr oJlorr rr.tE CITY OF MENIFEECOUNTY OF RIVERSIDE PARCEL 360- 1 30-003- 3 Io LIJ L!g Z. LJ o F_ o o E. ALBION LANE (TCE) tr) NI a UJF E, -lo CTD rn --l I + WILLOWOOD WAY LARCHWOOD ST. FRUIT DR. ,2rf!tir ,6,-*I I I , mx =-= @ I(, UJz, J E, I All distonces ore in feef unlessotherwise noted. -POC TPOB TCE PME PPUE EASEMENT AREA EXISTING PARCEL LINES POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TEMP. CONSTRUCTION EA PERMANENT MAINTENANCE EASE PERMANENT PUBLIC UTILITY EASEMENT RIGHT OF IVAYR/W S CITY COUI\ITY 3l'34"E 1234.77'. OF MENIFEE OF' RIVE,RSNDE or o sE)/4 sE)/4SED,3; T5S),' F{3lll1 t g ,') o 14o SEJVI Exist R/WExist R/W =-F r/) (o tl RS 1 24 /92 oo=y fr)N in5 Or CDrrl A P/V 360- 1 30- 003- 3 (TCE)TPOB APN 360-1 30-003 TCE o 'w S 5 5 o 20' 66 3 7"woS 1 83 66 1 7 ?5 9 7@,qttn S 8 go PME R/W t') Ltl I I I lrvp I CURVE DATA TABLE NO.RAD I US DELTA LENGTH cl 1025.91 '.I I o l2'56"200.7?'. c2 r 058.9r ',080 20'31 "154.17' R,/W 1 I 05'13"w7, PPUE 10 05'13"lYg'.8 19 A s4 50 30 22.O?', I,5 w r 3.2 JIMMIE P. & LAT]RA M. NELSON TEMPORARY CONSTRUCTION EASEMENT PARCEL 350-130-003-3 EXHIBIT ''B'I rOT IO SCALE I 65' = vg (!(\ rO N EASEMENT AREA=10 796 S.F. E, UJ \r 65' os o 1 POC APN 360-130-003 SE CORNER SEC. 3 T65, R3W SBM LINE DATA TABLE NO.DI STANCE BEAR I NG LI 80.26',N89" 4?'1 5"W L2 30.00'N00' I 7',4 5"E L3 13.49',N00" 44',38"E L4 2.77'.s69"4 l'.32"W L5 I 5.76',NOO' 26'42"E L6 66.75',N5l '40',32"E L7 59.79'N60'l 6'1 g"E L8 75.36',N79' 43',41"E L9 44,76'.s82"59'15"E Lr0 39.98',s7l "4 3'2'l"E Ll I 25.20',Ng3" t 3',25"E R,/w s sHowN oN RS 124 0 fl EI{d{IrE IilTEIIIIFI-Til mx J E @ I(^) l' i I .t"6ltrl zl<leflrl I 't I I I ,