Loading...
2018/08/21 Agreement Cimarron Ridge - TR 36657RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29714 Haun Road Menifee, California Attention: City Clerk 2018-0334601 08/21/2018 01:41 PM Fee: $ 0.00 Page 1 of 9 Recorded in official Records County of Riverside Peter Aldan& Assessor -County Clerk -Recorder II1I I C RIM Rfill villIII (Space above for Recorder's Use) EXEMPT FROM FILING FEES 779 GOVERNMENT CODE 3 6103 AGREEMENT REGARDING A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR CIMARRON RIDGE / TR 36657 between THE CITY OF MENIFEE a public agency and CIMARRON RIDGE, LLC as the Developer AGREEMENT 1. Parties and Date. This Agreement is entered into as of this .rtkrte, 231 ZD16 , by and between the City of Menifee, a municipal corporation (hereinafter referred to as "City") and, CIMARRON RIDGE, LLC, with its principal place of business at 2900 Adams Street, Suite C-25, Riverside, CA 92504 (hereinafter referred to as "Developer"). 2. Recitals. 2.1 Developer has submitted to the City for its approval, TRACT MAP 36657, a proposed development of the property located on south side of McLaughlin Road, north of Chambers and west of Byers in the City of Menifee. The property is more specifically described as Tentative Tract Map 36657 recorded as Document No. of Official Records of Riverside County (hereinafter referred to as "Parcel B"). All property located within Parcel B is as legally described in Exhibit "A" attached hereto and incorporated by reference. 2.2 On or about October 21, 2015, the City Council of the City of Menifee (hereinafter referred to as "Council") adopted Resolution 15-467 wherein the Council approved Planning Case Nos. 2013-209 subject to satisfactory completion of the Conditions of Approval for the development of Parcel B. Pursuant to Engineering/Grading/Transportation Conditions of Approval Nos. 43 & 44, the Developer is required prior to the recordation of the final parcel map 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 Engineering/Grading/Transportation Conditions of Approval Nos. 43 & 44, pursuant to City Council Resolution No. 15-467. 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 B will be included within an established and recorded Citywide Maintenance District prior to issuance of a Certificate of Occupancy for any property located within Parcel B. 2.4 This Agreement is made in consideration of the approval of TRACT MAP 36657 pursuant to Resolution 15-467. 3. Terms. 3.1 Petition. As owner of all property located within Parcel B, Developer shall sign a petition to annex Parcel B 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 B 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 B into the Citywide Maintenance District. Notwithstanding language in this section, Developer reserves the right to review costs requested by City to annex Parcel B into the Citywide Maintenance District. The City shall make available to Developer, upon request of Developer, copies of all invoices and other documents and information which the City prepares or receives with regard to all such fees and costs which are to be paid from the amounts deposited by Developer with the City pursuant to this agreement. 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 to a member of the home buying public located within Parcel B prior to the inclusion of all property located in Parcel B in the Citywide Maintenance District which is currently or will be in the future 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: Cimarron Ridge, LLC 2900 Adams Street, C-25, Riverside, CA 92504 Attn; Michael Van Daele 3.7 Successors and Assign . 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 Runninq With the Land. The parties intend that the benefits and burdens 2 described herein constitute covenants running with Parcel B for the benefit of the Developer's property located within Parcel B. 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 of suit. 3.11 Governing 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 By: Manaaina Member Atte,, By: Avqrr,,�z 0�.5 .6 �� CIMARRON RIDGE, LLC a California limited liability company By: Van Daele Investment Properties, LLC a California limited liability company Its CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 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 jj } County of - RI VeI2�1 Gre_, _— } r� On. � � ��_ before me, tr L � &1,61 Date ere Insert -Name and Title of the btficer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to bet erson whose namewo?e VScj�ibed to the within instrument and ackn dged tgg me th h s ItWy executed the same in hiher Vi authorized capacity i , and that b qisI]�rl eirsignature on the instrument the persolo, he entity upon behalf of which the person d, 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. TRACYL.COLLINS WITNESS my hand and official seal. Notary Pub-1 , Riverside County .= Commission # 2219477 My Comm. Expires Oct 22, 2021 Signature Si�_l kof, ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended document. I-, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual El Attorney in F El Trustee ❑ Guardian- r Conservator ❑ Other: Signer Is Repre Ing: Num Pages: S iner's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL B THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: (APN 335-430-17) PARCEL 4 OF PARCEL MAP NO. 20,285, IN THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY PARCEL MAP ON FILE IN 1100K 132 gAGrS 75.26 ANn 27 OlE PARCEL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL B: (APN 335-070-39, 40 AND 41) PARCELS 1, 2, AND 3 AND LOTS A, D, E, F AND G OF PARCEL MAP NO. 14801,1N THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOM 81 PAGE 3s OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL C: (APN 335-070-36, 37 AND 38) PARCELS 1, 2 AND 3 AND LOTS A THROUGH G, INCLUSIVE, OF PARCEL MAP NO. 14815, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP ON FILE IN BOOK tit PAGE 25 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL D: (APN 335-070-46, 47, 48 AND 49) PARCEL "A" OF LOT LINE ADJUSTMENT NO. 4506, RECORDED SEPTEMBER 12, 2002 AS INSTRUMENT NO, 2002-506724.OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED IN SAID DOCUMENT AS BEING A PORTION OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING A PORTION OF PARCEL 3 AND LOT "E" OF PARCEL MAP NO, 11167, AS PER MAP ON FILE IN BOOK 511 PAGES 9,r 8 AND 29 OF PARCEL MAPS. AND A PORTION OF PARCEL 2 AND A PORTION OF LOT "A" OF PAR!U, L MAP NO, 22482, AS PER MA.E ON I.1LF1N_BOOK 152 PAGES 60 AND 61 OF PARCEL MAPS. ALL IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALL OF RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER 114 CORNER OF SAID SECTION 20 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE SOUTHEAST CORNER OF SAID PARCEL 3 OF PARCEL MAP NO, 11167; THENCE SOUTH 89149' 54" WEST ALONG THE SOUTH LINE OF SAID PARCEL 3, A DISTANCE OF 1290.69 FEET TO TILE SOUTHWEST CORNER THEREOF; THENCE NORTH 001 17' 26" WEST ALONG THE WEST LINE OF SAID PARCEL 3, A DISTANCE OF 1314.08 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 890 39' 46" EAST ALONG THE NORTH LINE OF SAID PARCEL 3, A DISTANCE OF 1301.17 FEET TO THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 891 41' 06" EAST, A DISTANCE OF 109.49 FEET TO THE CENTERLINE OF THORNTON AVENUE AS SHOWN ON SAID PARCEL 3 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWEST AND HAVING A RADIUS OF 4000.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 67° 22, 00" WEST, SAID CURVE BEING THE CENTERLINE OF VALLEY BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 22482 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 109.20 FEET THROUGH A CENTRAL ANGLE OF 01- 33' 51", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 680 55' 51" EAST TO A POINT IN THE CENTERLINE OF SAID THORNTON AVENUE HEREINAFTER REFERRED AS POINT "A"; THENCE SOUTH 68° 55' 51" WEST, A DISTANCE OF 55,00 FEET; THENCE NORTH 641 09' 28" WEST, A DISTANCE OF 34.23 FEET; THENCE SOUTH 680 03' 15" WEST, A DISTANCE OF 82.81 FEET; THENCE SOUTH 23° 34' 58" WEST, A DISTANCE OF 21.02 FEET; THENCE SOUTH 201 53' 19" WEST, A DISTANCE OF 20.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWEST AND HAVING A RADIUS OF 3824.00 FEET; Order No.: 996-23021708-RT4 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 478.72 FEET THROUGH A CENTRAL ANGLE OF 700 10' 22"; THENCE DEPARTING SAID CURVE SOUTH 761 17' 03" WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 761 37' 57" WEST, A DISTANCE OF 122.96 FEET; THENCE SOUTH 110 21' 21" EAST, A DISTANCE OF 217.49 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 001 10' 01" WEST ALONG THE SAID EAST LINE OF SAID PARCEL 3, A DISTANCE OF 413.49 FEET TO THE POINT OF BEGINNING. EXCEPTING A 1/2 INTEREST IN ALL OIL AND MINERAL RIGHTS LOCATED ON SAID PROPERTY, WITH THE RIGHT OF ENTRY ON SAID PREMISES FOR, MINING AND REMOVING SAME, AS RESERVED TN DEED FROM ALICE O. HANSEN AND A. A. HANSEN, RECORDED NOVEMBER 4,1920 IN BOOK 537 I',4G F 292 Of DELDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING 50% OF ALL OIL, GAS, MINERAL, URANIUM AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED BY RANCH DEVELOPMENT CORPORATION, A CORPORATION. IN DEED RECORDED ` () 056 IN I ) 1 1 ! RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL E: (APN 330-220-08, 12 AND 13) THE NORTHWEST QUARTER. OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THE SOUTH 1/5TH OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SAID SECTION. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED 29.1 017 QFFICIAL RECORD,5 OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL F: (APN 330-220-11) THE SOUTH 1/5 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL G: (APN 330-220-04) THE WEST HALF OF THE SOUTH ONE -FIFTH OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL H: (APN 330-220-05) THE WEST HALF OF THE EAST HALF OF THE NORTH ONE-HALF OF THE SOUTH TWO -FIFTHS OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL I: (APN 330-220-10) THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY. EXCEPTING THEREFROM THE WEST HALF OF THE SOUTH ONE -FIFTH OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OP THE SOUTHWEST QUARTER OF SAID SECTION 17, AND THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTH TWO -FIFTHS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17, AND THE EAST HALF OF THE SOUTH HALF OF THE NORTH TWO -FIFTHS OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER. PARCEL J: (APN 330-220-07) THE EAST ONE HALF OF THE SOUTH ONE HALF OF THE NORTH TWO FIFTHS OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE -QUARTER OF THE NORTHEAST ONE- QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL K: (APN 330-220-03, 10, 15, 29, 32, 35, 36, 37, 38 AND 39) THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY. EXCEPTING THEREFROM THAT PORTION THEREOF WHICH IS CONTAINED IN A 65 FOOT WIDE STRIP OF LAND MEASURED AT RIGHT ANGLES AND MORE PARTICULARLY DESCRIBED AS 30 FEET WIDE ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 17 FROM WHICH POINT THE SOUTHWEST CORNER BEARS NORTH 890. 30' WEST, 71.86 FEET; THENCE NORTH 33°. 34' EAST, 63.80 FEET; THENCE NORTHEASTERLY ON THE ARC OF A 600 FOOT CURVE CONCAVE TO THE NORTHWEST THROUGH AN ANGLE OF 200 42' FOR AN ARC DISTANCE OF 216.77 FEET; THENCE NORTH 12° 52' EAST, 962.05 FEET; THENCE NORTHERLY ON THE ARC OF A 1,000 FOOT RADIUS CURVE CONCAVE TO THE WEST THROUGH AN ANGLE OF 230 51' FOR AN ARC DISTANCE OF 416.26 FEET; THENCE NORTH 100 59' WEST, 144.23 FEET; THENCE NORTHWESTERLY ON THE ARC OF A 2,000 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST THROUGH AN ANGLE OF 060 09' FOR AN ARC DISTANCE OF 214.88 FEET; THENCE OF 214,88 FEET; THENCE NORTH 170 08' WEST, 92i.88 FEET; THENCE NORTHERLY ON THE ARC OF A 1,000 FOOT RADIUS CURVE CONCAVE TO THE EAST THROUGH AN ANGLE OF 170 29' FOR AN ARC DISTANCE OF 305.14 FEET TO A POINT ON TILE WEST LINE OF SAID SECTION 17 FROM WHICH POINT THE WEST CORNER BEARS SOUTH 000, 21' WEST, 500.42 FEET; THENCE ALONG THE WEST LINE OF SAID SECTION 17 TO THE NORTHWEST CORNER THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED SEPTEMBER 27,195 OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE NORTHERLY 360 FEET OF THE SOUTHERLY 390 FEET OF SAID LAND WHICH WAS CONDEMNED BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FINAL DECREE OF CONDEMNATION ENTERED IN THE SUPERIOR COURT FOR THE COUNTY OF RIVERSIDE, CASE NO. 98718, A CERTIFIED COPY THEREOF BEING RECORDED JUNE 21. 1273 As INS RUM ENT No. 80625 QF OFFICIAL RF[Djt25 OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL L: (APN 330-230-13, 20, 21, 22, 34, 40, 41) THE NORTHERLY 360 FEET OF THE SOUTHERLY 390 FEET OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO TILE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN A STRIP OF LAND, 60 FEET WIDE, AS CONVEYED TO THE COUNTY OF RIVERSI T 12,59 1207 PAGE 293 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED AUGUST 19, IL991 A.S- INSTRUMENJ NO, 285498 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM. ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR UNDERLYING, OR WHICH MAY BE PRODUCED FROM THE HEREINBEFORE DESCRIBED LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT SAID SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, IN DEED RECORDEDJU-NE 2.1997.S ! 193338, OFFICIAL RECORDS. PARCEL M: (APN - NOT ASSESSED) LOTS B AND C OF PARCEL MAP NO. 14801, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP ON FILE IN f RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN(S): 330-220-004-6; 330-220-005-7; 330-220-007-9; 330-220-008-0; 330-220-010-1; 330-220-011-2; 330-220-012-3; 330-220-013-4; 330-230-003-6; 330-230-010-2; 330-230-013-5; 330-230-015-7; 330-230-029-0; 330-230-032-2; 330-230-034-4; 330-230-035-5; 330-230-036-6; 330-230-037-7; 330-230-038-8; 330-230-039-9; 330-230-040-9; 330-230-041-0; 335-070-036-7; 335-070-037-8; 335-070-038-9; 335-070-039-0; 335-070-040-0; 335-070-041-1; 335-070-046-6; 335-070-047-7; 335-070-048-8; 335-430-017-2