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2009/12/23 Agreement Paloma Wash Channel - Stages 2 and 3PLEASE COMPLETE THIS INFORMATION RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FREE RECORDING This instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and should Be recorded without a fee pursuant to Govt. Code 6103_ WH N &ffMMP,MAIL T'Q DOC # 2009-0657607 12/23/2009 08:00A Fee:NC Page 1 of 46 Recorded in Official Records County of Riverside Larry W Ward Assessor, County Clerk 8 Recorder 11111I 111111111111111111111 II 11111 IR RIVERSIDE COUNTY FLOOD CONTROLffSR UEPAC-,.EllSIZE OA t.usC LONG RI'D COPY AND WATER CONSERVATION DISTRICT1995 MARKET STREET RIVERSlDE.CA92501-1770 L azs PCOnNCUR SnIFr NCH tx^" I - IT I CTY f UNI AGREEMENT Title of Document PROJECT: Paloma Wash Channel, Stages 2 & 3 Paloma Wash - Haun Road SD Laterals PROJECT NOS 4-0-0011 1-02, -03 & 4-0-00097 PARCEL MAP NO: 34275 DEVELOPER- Stark Menifee Land LLC, Donahue Schriber Asset Mgmt. Corp, et al THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RECORDERS COVER SHEET OOC ($3.00 Additional Recording Fee Applies) S r� a o 1241936 1 I QOOPERATIVE AGREEMENT Paloma Wash Channel, Stages 2 and 3 2 Paloma Wash — Haun Road Storm Drain Laterals (Project Nos. 4-0-00111-02, 4-0-00111-03 and 4-0-00097) 3 (Parcel Map 34275) 4 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 5 CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF MENIFEE, 6 7 hereinafter called "CITY", STARK MENIFEE LAND LLC, a Wisconsin limited liability 8 company, hereinafter called "STARK", DONAHUE SCHRIBER REALTY GROUP, L.P., a 9 Delaware limited partnership, hereinafter called "DS REALTY", and DONAHUE SCHRIBER 10 ASSET MANAGEMENT CORPORATION, a Delaware corporation, hereinafter called "DS I I ASSET", hereby agree as follows: 12 RECITALS 13 14 A. STARK, DS REALTY and DS ASSET are hereinafter collectively referred 15 to as "DEVELOPERS". DEVELOPERS have submitted for approval Parcel Map 34275 in the 16 City of Menifee and as a condition for approval DEVELOPERS must construct certain flood 17 control facilities in order to provide flood protection and drainage for DEVELOPERS' planned 18 development; and 19 B. The required flood control facilities include construction of (i) 20 approximately 5,300 lineal feet of vegetated trapezoidal channel, hereinafter called "STAGE 2 21 22 CHANNEL", as shown in concept in red on Exhibit "A" attached hereto and made a part hereof, 23 (ii) approximately 600 lineal feet of vegetated trapezoidal channel and approximately 290 lineal 24 feet of rip -rapped trapezoidal channel, together hereinafter called "STAGE 3 CHANNEL", as 25 shown in concept in purple on Exhibit "A", (iii) approximately 505 lineal feet of four -cell 26 reinforced concrete box culvert and associated inlet, hereinafter called "CHANNEL BOX", as 27 shown in concept in yellow on Exhibit "A", and (iv) storm drain laterals which connect to 28 [I. 2_ g C T 2 `7 2009 a I1241936 1 STAGE 2 CHANNEL, consisting of either underground stolen drains greater than thirty-six 2 inches (36") in diameter or of reinforced concrete boxes, located within DISTRICT or CITY 3 held easements or rights of way, hereinafter called "LATERALS", as shown in concept in green 4 on Exhibit "A". Together, STAGE 2 CHANNEL, STAGE 3 CHANNEL, CHANNEL BOX and 5 LATERALS are hereinafter called "DISTRICT DRAINAGE FACILITIES". At its downstream 6 7 terminus, STAGE 3 CHANNEL connects to CHANNEL BOX, which then connects to STAGE 8 2 CHANNEL, which then connects to DISTRICT'S existing Paloma Wash Channel, as shown 9 in District Drawing No. 4-434; and 10 C. Associated with the construction of STAGE 2 CHANNEL is the I I construction of (i) a box or arch culvert at the intersection of STAGE 2 CHANNEL with La 12 Piedra Road, hereinafter called "LA PIEDRA CULVERT", as shown in blue on Exhibit "A", 13 and (ii) the expansion and extension of an existing box culvert at the intersection of Newport 14 15 Road and STAGE 2 CHANNEL, hereinafter called "NEWPORT CULVERT", as shown in 16 concept in orange on Exhibit "A". Together, LA PIEDRA CULVERT and NEWPORT 17 CULVERT are hereinafter called "ROAD CULVERTS". In accordance with the existing 18 Memorandum of Understanding between CITY and DISTRICT, CITY is willing to accept 19 ownership and maintenance responsibility for the structural integrity of ROAD CULVERTS and 20 DISTRICT is willing to accept maintenance responsibility for keeping ROAD CULVERTS free 21 and clear of sediment and debris; and 22 23 D. Also associated with the construction of STAGE 2 CHANNEL is the 24 construction of certain catch basins, laterals and connector pipes located within both DISTRICT 25 and CITY held easements or rights of way, hereinafter called "APPURTENANCES". Also 26 associated with the construction of STAGE 3 CHANNEL is the construction of certain catch 27 basins, laterals and connector pipes located within both STAGE 3 CHANNEL right of way and 28 -2- 1241936 1 CITY held easements or rights of way, hereinafter also included among "APPURTENANCES". 2 Those APPURTENANCES located within either STAGE 2 CHANNEL or STAGE 3 3 CHANNEL rights of way are included among DISTRICT DRAINAGE FACILITIES. 4 Together, ROAD CULVERTS and APPURTENANCES located within CITY held easements or 5 rights of way are hereinafter called "CITY DRAINAGE FACILITIES". Together, DISTRICT 6 DRAINAGE FACILITIES and CITY DRAINAGE FACILITIES are hereinafter called 7 8 "PROJECT"; and 9 E. Constriction of PROJECT has commenced prior to execution of this 10 Agreement pursuant to the terms of two, separate Right of Entry and Inspection Agreements. I I The first such agreement, hereinafter called "STAGE 2 INSPECTION AGREEMENT", was 12 executed January 2, 2008, between DISTRICT, DS REALTY, DS ASSET and SR 13 STRUCTURED LOT OPTIONS I LLC, a Delaware limited liability company and predecessor 14 15 in interest to STARK. The second such agreement, hereinafter called "STAGE 3 INSPECTION 16 AGREEMENT", was executed April 23, 2008, between DISTRICT, DS REALTY, DS ASSET 17 and SR STRUCTURED LOT OPTIONS I LLC; and 18 F. CITY was not officially established until October 1, 2008. Prior to that 19 date, certain responsibilities that would have been performed by CITY, had CITY been in 20 existence, were performed by either the COUNTY OF RIVERSIDE TRANSPORTATION 21 DEPARTMENT, hereinafter called "TRANSPORTATION", or the COUNTY OF RIVERSIDE 22 23 ECONOMIC DEVELOPMENT AGENCY, through its County Service Area No. 145, 24 hereinafter called "CSA 145"; and 25 G. DEVELOPERS and CITY desire DISTRICT to accept ownership and 26 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES. 27 28 -3. 1241936 1 Therefore, DISTRICT must review and approve DEVELOPERS' plans and specifications and 2 subsequently inspect the construction of DISTRICT DRAINAGE FACILITIES; and 3 H. DEVELOPERS and DISTRICT desire CITY to accept ownership and 4 responsibility for the operation and maintenance of CITY DRAINAGE FACILITIES. 5 Therefore, TRANSPORTATION, acting prior to establishment of CITY, must review and 6 7 approve DEVELOPERS' plans and specifications and subsequently inspect the construction of 8 APPURTENANCES; and 9 I. DEVELOPERS wish to construct STAGE 2 CHANNEL as a "green -belt" 10 facility that will accommodate passive public recreation activities within DISTRICT'S future 11 STAGE 2 CHANNEL right of way. DISTRICT is willing to allow public access and use of said 12 right of way for non -motorized recreation purposes provided CITY is willing to (i) accept 13 certain maintenance responsibilities within DISTRICT'S STAGE 2 CHANNEL right of way as 14 15 set forth herein, and (ii) indemnify and hold DISTRICT harmless from any claims arising from 16 Public's use of DISTRICT'S fiiture STAGE 2 CHANNEL right of way; and 17 J. DEVELOPERS and DISTRICT desire CITY to accept responsibility for 18 performing "routine" day to day maintenance activities within STAGE 2 CHANNEL right of 19 way. Therefore CSA 145, acting prior to establishment of CITY, must review and approve 20 DEVELOPERS' plans and specifications for STAGE 2 CHANNEL; and 21 22 K. DISTRICT is willing to (i) review and approve DEVELOPERS' plans and 23 specifications for PROJECT, (ii) inspect the construction of DISTRICT DRAINAGE 24 FACILITIES, (iii) accept ownership and responsibility for the operation and maintenance of 25 DISTRICT DRAINAGE FACILITIES, (iv) accept responsibility for keeping ROAD 26 CULVERTS free and clear of sediment and debris, and (v) grant CITY the right to inspect, 27 operate and maintain those portions of ROAD CULVERTS located within DISTRICT'S 28 -4. 124193_6 I STAGE 2 CHANNEL right of way, provided DEVELOPERS (i) comply with this Agreement, 2 (ii) pay DISTRICT the amounts specified herein to cover DISTRICT'S plan review and 3 construction inspection costs, (iii) construct PROJECT in accordance with plans and 4 specifications approved by DISTRICT and CITY and/or TRANSPORTATION and CSA 145, 5 acting prior to establishment of CITY, (iv) obtain all necessary permits, regulatory permits, 6 7 licenses and rights of entry as set forth herein, (v) accept ownership and responsibility for the 8 operation and maintenance of PROJECT following completion of PROJECT construction until 9 such time as DISTRICT accepts ownership and responsibility for the operation and maintenance 10 of DISTRICT DRAINAGE FACILITIES, CITY accepts ownership and responsibility for the II operation and maintenance of CITY DRAINAGE FACILITIES and CITY also accepts 12 responsibility for routine day to day maintenance of STAGE 2 CHANNEL and for maintenance 13 of any recreational amenities located within DISTRICT'S STAGE 2 CHANNEL right of way, l4 15 and (vi) obtain and convey to DISTRICT the necessary rights of way for the inspection, 16 operation and maintenance of DISTRICT DRAINAGE FACILITIES as set forth herein; and 17 L. DISTRICT is further willing to accept responsibility for keeping ROAD 18 CULVERTS free and clear of sediment and debris provided CITY accepts responsibility for the 19 ownership and structural integrity of ROAD CULVERTS; and 20 M. CITY is willing to (i) review and approve plans and specifications prepared 21 22 by DEVELOPERS for PROJECT, or accept plans and specifications previously reviewed and 23 approved by TRANSPORTATION acting prior to establishment of CITY, (ii) inspect the 24 construction of CITY DRAINAGE FACILITIES, or accept TRANSPORTATION'S inspection 25 thereof acting prior to the establishment of CITY as though performed by CITY, (iii) consent to 26 TRANSPORTATION'S acceptance and holding of faithful performance and payment bonds 27 submitted by DEVELOPERS for PROJECT, (iv) grant DISTRICT the right to inspect, operate 28 -S 124193_6 I and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way, (v) grant 2 DISTRICT the necessary rights to remove sediment and debris from ROAD CULVERTS, (vi) 3 consent to the recordation and conveyance of Irrevocable Offer(s) of Dedication fumished by 4 DEVELOPERS as provided herein, and (vii) accept ownership and responsibility for the 5 operation and maintenance of CITY DRAINAGE FACILITIES, provided PROJECT is 6 7 constructed in accordance with plans and specifications approved by DISTRICT and CITY, 8 and/or TRANSPORTATION and CSA 145 acting prior to establishment of CITY; and 9 N. CITY is willing to (i) review and approve DEVELOPERS plans and 10 specifications for STAGE 2 CHANNEL, or accept plans and specifications previously reviewed 11 and approved by CSA 145 acting prior to establishment of CITY, (ii) accept responsibility for 12 the performance of routine maintenance of STAGE 2 CHANNEL, (iii) accept sole responsibility 13 for the operation and maintenance of STAGE 2 CHANNEL'S public access and recreational 14 15 amenities provided STAGE 2 CHANNEL is constructed in accordance with plans and 16 specifications approved by DISTRICT and CITY, and/or TRANSPORTATION and CSA 145 17 acting prior to establishment of CITY, and (iv) indemnify and hold DISTRICT harmless from 18 any claims arising from public's use of the proposed STAGE 2 CHANNEL right of way as set 19 forth herein. 20 NOW, THEREFORE, the parties hereto mutually agree as follows: 21 SECTION 1 22 23 DEVELOPERS shall: 24 1. Prepare PROJECT plans and specifications, as shown on District Drawing 25 Nos. 4-967, 4-973 and 4-983, hereinafter called "IMPROVEMENT PLANS", in accordance 26 with DISTRICT and CITY, and/or TRANSPORTATION and CSA 145 acting prior to 27 establishment of CITY, standards, and submit to DISTRICT and CITY, and/or 28 -6- r- m 124193_6 I TRANSPORTATION and CSA 145 acting prior to establishment of CITY, for their review and 2 approval. 3 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic 4 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by 5 DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT 6 PLANS, review and approval of right of way and conveyance documents, and with the 7 8 processing and administration of this Agreement. 9 3. Deposit with DISTRICT (Attention: Business Office — Accounts 10 Receivable), at the time of providing written notice to DISTRICT of the start of DISTRICT 11 DRAINAGE FACILITIES construction as set forth in Section I.B. herein, the estimated cost of 12 providing construction inspection for DISTRICT DRAINAGE FACILITIES, in an amount as 13 determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 of the 14 15 Comity of Riverside, including any amendments thereto, based upon the bonded value of 16 DISTRICT DRAINAGE FACILITIES. 17 4. [This Section Intentionally Left Blank.] 18 5. Secure, at their sole cost and expense, all necessary licenses, agreements, 19 permits and rights of entry as may be needed for the construction, inspection, operation and 20 maintenance of DISTRICT DRAINAGE FACILITIES. DEVELOPERS shall furnish 21 DISTRICT, at the time of providing written notice to DISTRICT of the start of construction as 22 23 set forth in Section 1.8., with sufficient evidence of DEVELOPERS having secured such 24 necessary licenses, agreements, permits and rights of entry, as determined and approved by 25 DISTRICT. 26 6. Furnish DISTRICT with copies of all permits, approvals or agreements 27 required by any Federal or State resource and/or regulatory agency for the construction, 28 •7 124193_6 1 operation and maintenance of DISTRICT DRAINAGE FACILITIES. Such documents include 2 but are not limited to those issued by the U.S. Army Corps of Engineers, California Regional 3 Water Quality Control Board, California State Department of Fish and Game and State Water 4 Resources Control Board. 5 7. Provide TRANSPORTATION, acting prior to establishment of CITY, at 6 the time of providing written notice to DISTRICT of the start of construction as set forth in 7 8 Section 1.8., with faithful performance and payment bonds, each in the amount of 100% of the 9 estimated cost for construction of DISTRICT DRAINAGE FACILITIES as determined by 10 DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of I I 'DISTRICT and TRANSPORTATION, acting prior to establishment of CITY. The bonds shall 12 remain in full force and effect until DISTRICT DRAINAGE FACILITIES are accepted by 13 DISTRICT as complete; at which time the bond amount may be reduced to 10% for a period of 14 15 one year to guarantee against any defective work, labor or materials. 16 8. Notify DISTRICT in writing (Attention: Administrative Services Section), 17 at least twenty (20) days prior to the start of construction of DISTRICT DRAINAGE 18 FACILITIES. Construction shall not begin on any element of DISTRICT DRAINAGE 19 FACILITIES, for any reason whatsoever, until DISTRICT has issued to DEVELOPERS a 20 written Notice to Proceed authorizing DEVELOPERS to commence constriction of DISTRICT 21 DRAINAGE FACILITIES. 22 23 9. Grant DISTRICT, by execution of this Agreement, the right to enter upon 24 DEVELOPERS' property where necessary and convenient for the purpose of gaining access to, 25 and performing inspection service for, the construction of DISTRICT DRAINAGE 26 FACILITIES as set forth herein. 27 28 -8- 124193 6 1 10. Obtain and provide DISTRICT, at the time of providing written notice to 2 DISTRICT of the start of construction of DISTRICT DRAINAGE FACILITIES as set forth in 3 Section I.B., with duly executed Irrevocable Offers(s) of Dedication to the public for flood 4 control and drainage purposes, including ingress and egress, for the rights of way deemed 5 necessary by DISTRICT for the construction, inspection, operation and maintenance of 6 DISTRICT DRAINAGE FACILITIES, as shown in concept cross -hatched in blue, green, purple 7 8 or red on Exhibit "B" attached hereto and made a part hereof. Tile Irrevocable Offer(s) of 9 Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and 10 equitable owners of the property described in the offer(s). 11 11. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of 12 Dedication as set forth in Section I.10., with Preliminary Reports on Title dated not more than 13 thirty (30) days prior to date of submission of all the property described in the Irrevocable 14 15 Offer(s) of Dedication. 16 12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 17 the start of construction as set forth in Section I.B., with a complete list of all contractors and 18 subcontractors to be performing work on DISTRICT DRAINAGE FACILITIES, including the 19 corresponding license number and license classification of each. At such time, DEVELOPERS 20 shall further identify in writing their designated superintendent for DISTRICT DRAINAGE 21 FACILITIES construction. 22 23 13. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 24 the start of construction as set forth in Section I.B., a construction schedule which shall show the 25 order and dates in which the DEVELOPERS or DEVELOPERS' contractor proposes to carry on 26 the various parts of work, including estimated start and completion dates. As construction of 27 28 -9- 124193_6 1 DISTRICT DRAINAGE FACILITIES progresses, DEVELOPERS shall update said 2 construction schedule as requested by DISTRICT. 3 14. Furnish DISTRICT with final mylar IMPROVEMENT PLANS and assign 4 their ownership to DISTRICT at the time DISTRICT approves and signs said final mylar 5 IMPROVEMENT PLANS, and prior to the start of DISTRICT DRAINAGE FACILITIES 6 construction. 7 8 15. Not permit any change to or modification of the IMPROVEMENT PLANS 9 without the prior written permission and consent of DISTRICT. 10 16. Comply with all Cal/OSHA safety regulations including regulations 11 concerning confined space and maintain a safe working environment for DEVELOPERS and 12 DISTRICT employees on the site. 13 17. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 14 15 the start of construction as set forth in Section I.B., a confined space entry procedure specific to 16 DISTRICT DRAINAGE FACILITIES. The procedure shall comply with requirements 17 contained in California Code of Regulations, Title 8 Section 5158, Other Confined Space 18 Operations, Section 5157, Permit Required Confined Space and DISTRICT Confined Space 19 Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRICT prior to the 20 issuance of a Notice to Proceed. 21 18. During the construction period of DISTRICT DRAINAGE FACILITIES, 22 23 provide Workers' Compensation Insurance in an amount required by law. A certificate of said 24 insurance policy shall be provided to DISTRICT and CITY, and/or TRANSPORTATION and 25 CSA 145 acting prior to establishment of CITY, at the time of providing written notice pursuant 26 to Section I.B. 27 28 l0- 1241936 1 19. Commencing on the date notice is given pursuant to Section I.B. and 2 continuing until DISTRICT accepts DISTRICT DRAINAGE FACILITIES for operation and 3 maintenance: 4 (a) Provide and maintain or cause their contractor(s) to provide and 5 maintain comprehensive liability insurance coverage which shall 6 7 protect DEVELOPERS from claim from damages for personal 8 injury, including accidental and wrongful death, as well as from 9 claims for property damage which may arise from DEVELOPERS' 10 construction of PROJECT or the performance of their obligations 11 hereunder, whether such construction or performance be by 12 DEVELOPERS, by any of their contractors, subcontractors, or by 13 anyone employed directly or indirectly by any of them. Such 14 15 insurance shall name DISTRICT, the County of Riverside and CITY 16 as additional insureds with respect to this Agreement and the 17 obligations of DEVELOPERS hereunder. Such insurance shall 18 provide for limits of not less than two million dollars ($2,000,000) 19 per occurrence. 20 (b) Cause their insurance carrier(s) or their contractor's insurance 21 22 carrier(s), who shall be authorized by the California Department of 23 Insurance to transact the business of insurance in the State of 24 California, to furnish DISTRICT and CITY, and/or 25 TRANSPORTATION and CSA 145 acting prior to establishment of 26 CITY, at the time of providing written notice to DISTRICT of the 27 start of construction as set forth in Section I.B., with certificate(s) of 28 _11_ 124[93_6 1 insurance and applicable policy endorsements showing that such 2 insurance is in full force and effect and that DISTRICT, the County 3 of Riverside and CITY are named as additional insureds with respect 4 to this Agreement and the obligations of DEVELOPERS hereunder. 5 Further, said certificate(s) shall state that the issuing company shall 6 give DISTRICT and CITY, and/or TRANSPORTATION and CSA 7 8 145 acting prior to establishment of CITY, sixty (60) days written 9 notice in the event of any cancellation, termination, non -renewal or 10 reduction in coverage of the policies evidenced by the certificate(s). I I In the event of any such cancellation, termination, non -renewal or 12 reduction in coverage, DEVELOPERS shall, forthwith, secure 13 replacement insurance meeting the provisions of this paragraph. 14 15 Failure to maintain the insurance required by this paragraph shall be 16 deemed a material breach of this Agreement and shall authorize and constitute authority for 17 DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section 18 V.3. 19 20. Construct, or cause to be constructed, PROJECT at DEVELOPERS' sole 20 cost and expense in accordance with DISTRICT and CITY, and/or TRANSPORTATION and 21 22 CSA 145 acting prior to establishment of CITY, approved IMPROVEMENT PLANS. 23 21. Within two (2) weeks of completing PROJECT constriction, provide 24 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 25 construction is substantially complete and requesting that DISTRICT conduct a final inspection 26 of DISTRICT DRAINAGE FACILITIES. 27 28 12- I124193_6 1 22. Upon completion of PROJECT construction, and upon acceptance by CITY 2 of all street rights of way deemed necessary by DISTRICT and CITY for the operation and 3 maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT DRAINAGE 4 FACILITIES for ownership, operation and maintenance, convey or cause to be conveyed to 5 DISTRICT (i) flood control easement(s), including ingress and egress, in a form approved by 6 7 DISTRICT, for the rights of way as shown in concept cross -hatched in green and in red on 8 Exhibit "B", (ii) ingress and egress easement(s), in a form approved by DISTRICT, for the 9 rights of way as shown in concept cross -hatched in purple on Exhibit "B", and (iii) fee simple 10 title, in a form approved by DISTRICT, for the rights of way as shown in concept cross -hatched 11 in blue on Exhibit "B". 12 23. At the time of recordation of the conveyance document(s) as set forth in 13 14 Sections 1.22.(i) and I.22.(ii), furnish DISTRICT with policies of title insurance, each in the 15 amount of not less than fifty percent (50%) of the estimated fee value, as determined by 16 DISTRICT, for each easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S 17 interest in said property as being free and clear of all liens, encumbrances, assessments, 18 easements, taxes and leases (recorded or unrecorded), except those which, in the sole discretion 19 of DISTRICT, are deemed acceptable. 20 24. At the time of recordation of the conveyance document(s) as set forth in 21 22 Section I.22.(iii), furnish DISTRICT with policies of title insurance, each in the amount of not 23 less than one hundred percent (t 00%) of the estimated fee value, as determined by DISTRICT, 24 for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said 25 property as being free and clear of all liens, encumbrances, assessments, easements, taxes and 26 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are 27 deemed acceptable. 28 13- 12419J_6 1 25. Accept ownership and sole responsibility for the operation and maintenance 9 of PROJECT until such time as (i) DISTRICT accepts ownership and responsibility for 3 operation and maintenance of DISTRICT DRAINAGE FACILITIES, and (ii) CITY accepts 4 ownership and responsibility for operation and maintenance of CITY DRAINAGE 5 FACILITIES and also accepts responsibility for the operation and maintenance of STAGE 2 6 7 CHANNEL'S public access and recreational amenities. Further, it is mutually understood by the 8 parties hereto that prior to DISTRICT acceptance of ownership and responsibility for the 9 operation and maintenance of DISTRICT DRAINAGE FACILITIES, PROJECT shall be in a 10 satisfactorily maintained condition as solely determined by DISTRICT. 11 26. Pay, if suit is brought upon this Agreement or any bond guaranteeing the 12 completion of DISTRICT DRAINAGE FACILITIES, all costs and reasonable expenses and 13 14 fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all 15 such costs, expenses and fees shall be computed as costs and included in any judgment 16 rendered. 17 27. Upon completion of construction of PROJECT, but prior to DISTRICT 18 acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, 19 DEVELOPERS' civil engineer of record or construction civil engineer of record, duly registered 20 in the State of California, shall provide DISTRICT a redlined "as -built" copy of 21 22 IMPROVEMENT PLANS. After DISTRICT approval of the redlined "as -built" drawings, 23 DEVELOPERS' engineer shall schedule with DISTRICT a time to transfer the red lined changes 24 onto DISTRICT'S original mylars at DISTRICT'S office, after which the engineer shall review, 25 stamp and sign the original IMPROVEMENT PLANS "AS -BUILT". 26 28. Ensure that all work performed pursuant to this Agreement by 27 DEVELOPERS, their agents or contractors is done in accordance with all applicable laws and 28 - 14- 124193_6 I regulations, including but not limited to all applicable provisions of the Labor Code, Business 2 and Professions Code, and Water Code. DEVELOPERS shall be solely responsible for all costs 3 associated with compliance with applicable laws and regulations. 4 SECTION II 5 DISTRICT shall: 6 7 1. Review and approve IMPROVEMENT PLANS prior to the start of 8 DISTRICT DRAINAGE FACILITIES construction. 9 2. Provide CITY, and/or TRANSPORTATION and CSA 145 acting prior to 10 establishment of CITY, an opportunity to review and approve IMPROVEMENT PLANS prior 11 to DISTRICT'S final approval. 12 3. Upon execution of this Agreement, record or cause to be recorded, a copy 13 of this Agreement in the Official Records of the Riverside County Recorder. 14 15 4. Record or cause to be recorded, the Irrevocable Offer(s) of Dedication 16 Provided by DEVELOPERS pursuant to Section I.10. 17 5. Inspect DISTRICT DRAINAGE FACILITIES construction. 18 6. Keep an accurate accounting of all DISTRICT costs associated with the 19 review and approval of IMPROVEMENT PLANS, the review and approval of right of way and 20 conveyance documents and the processing and administration of this Agreement. 21 22 7. Keep an accurate accounting of all DISTRICT construction inspection 23 costs, and within forty-five (45) days after DISTRICT acceptance of DISTRICT DRAINAGE 24 FACILITIES as being complete, submit a final cost statement to DEVELOPERS. If the deposit, 25 as set forth in Section I.3. exceeds such costs, DISTRICT shall reimburse DEVELOPERS the 26 excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT DRAINAGE 27 FACILITIES as being complete. If at any time the costs exceed the deposit or are anticipated 28 -15- 124193_6 I by DISTRICT to exceed the deposit, DEVELOPERS shall pay such additional amount(s), as 2 deemed reasonably necessary by DISTRICT to complete inspection of DISTRICT DRAINAGE 3 FACILITIES, within thirty (30) days after receipt of billing from DISTRICT. 4 8. Accept ownership and sole responsibility for the operation and maintenance 5 of DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT acceptance of PROJECT 6 7 construction as being complete, (ii) recordation of all conveyance documents described in 8 Section I.22., and (iii) acceptance by CITY of all necessary street rights of way as deemed 9 necessary by DISTRICT and CITY for the operation and maintenance of PROJECT. 10 9. Upon acceptance by CITY of ROAD CULVERTS for ownership, operation I I and maintenance, accept sole responsibility for keeping ROAD CULVERTS free and clear of 12 sediment and debris. 13 14 10. Grant CITY, by execution of this Agreement, the right to construct, inspect, 15 operate and maintain structural integrity of portions of ROAD CULVERTS located within 16 DISTRICT'S STAGE 2 CHANNEL right of way. 17 11. Grant CITY, by execution of this Agreement, the necessary rights to enter 18 upon DISTRICT'S STAGE 2 CHANNEL right of way for the purpose of performing its 19 maintenance responsibilities as set forth herein. 20 12. Accept sole responsibility for maintaining STAGE 2 CHANNEL'S line, 21 22 grade and appurtenant structures such that STAGE 2 CHANNEL functions as a flood control 23 facility at its design level. 24 13. Provide CITY with reproducible duplicate copies of "as -built" 25 IMPROVEMENT PLANS upon DISTRICT acceptance of DISTRICT DRAINAGE 26 FACILITIES as being complete. 27 SECTION III 28 -16- 124193, 6 CITY, and/or TRANSPORTATION acting prior to establishment of CITY, shall: 1. Review and approve IMPROVEMENT PLANS prior to the start of 3 PROJECT construction. 41 2. Accept the TRANSPORTATION, acting prior to establishment of CITY, 5 and DISTRICT approved faithful performance and payment bonds submitted by 6 7 DEVELOPERS as set forth in Section I.7., and hold said bonds as provided herein. 8 3. Inspect construction of CITY DRAINAGE FACILITIES. 9 4. Consent, by execution of this Agreement, to the recording of any t1 Irrevocable Offer(s) of Dedication furnished by DEVELOPERS pursuant to this Agreement. I 1 5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication 12 as set forth herein, and any other outstanding offers of dedication necessary for the construction, 13 14 inspection, operation and maintenance of DISTRICT DRAINAGE FACILITIES, and convey 15 sufficient rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and 16 maintain DISTRICT DRAINAGE FACILITIES. 17 6. Grant DISTRICT, by execution of this Agreement, (i) the right to construct, 18 inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way, 19 and (ii) the necessary rights to keep ROAD CULVERTS free and clear of sediment and debris. 20 7. Accept ownership and sole responsibility for the operation and maintenance 21 22 of APPURTENANCES upon completion of construction and DISTRICT acceptance of 23 DISTRICT DRAINAGE FACILITIES as being complete. 24 8. Upon CITY acceptance of ROAD CULVERTS construction as being 25 complete, accept ownership and responsibility for the structural integrity of ROAD 26 CULVERTS. 27 SECTION IV 28 _17_ 124193 6 1 CITY, and/or CSA 145 acting prior to establishment of CITY, shall: 2 1. Review and approve IMPROVEMENT PLANS for STAGE 2 CHANNEL 3 prior to the start of PROJECT construction. 4 2. Inspect construction of STAGE 2 CHANNEL. 5 3. Upon DISTRICT acceptance of STAGE 2 CHANNEL for ownership, 6 7 operation and maintenance, accept sole responsibility for routine day to day maintenance of 8 STAGE 2 CHANNEL including but not limited to, removal of trash and debris, performing 9 graffiti removal and vegetation control including any necessary mowing, cutting and weed 10 abatement associated therewith. 11 4. Upon DISTRICT acceptance of STAGE 2 CHANNEL for ownership, 12 operation and maintenance, accept sole responsibility for maintenance of any recreational 13 �w amenities located within DISTRICT'S STAGE 2 CHANNEL right of way including, but not 14 15 limited to, repairing and/or replacing pathways, access roads, irrigation works, landscape N r 16 maintenance and the routine removal of accumulated litter, trash and debris associated with 17 public's use of STAGE 2 CHANNEL right of way. 18 5. Not cause any change to or modification within DISTRICT'S STAGE 2 19 CHANNEL right of way without obtaining the prior written permission and consent of 20 DISTRICT. 21 22 6. Cease any interfering use within DISTRICT'S STAGE 2 CHANNEL right 23 of way upon receipt of a written notification from DISTRICT in the event DISTRICT'S General �. 24 Manager -Chief Engineer determines that such use of DISTRICT'S STAGE 2 CHANNEL right 25 of way in any way interferes with STAGE 2 CHANNEL primary purpose and function. 26 27 28 -18- 124193 ,6 1 7. Recognize that STAGE 2 CHANNEL is an active watercourse and, hence, 2 DISTRICT'S STAGE 2 CHANNEL right of way will be subject to periodic flooding, flood 3 hazards and possible flood damage. 4 8. Assume all liability in conjunction with the public's use of DISTRICT'S 5 STAGE 2 CHANNEL right of way including claims of third persons for injury or death or 6 7 damage to property. Said obligation shall not include any inverse condemnation liability of 8 CITY by reason of location of STAGE 2 CHANNEL or DISTRICT'S improvements thereto 9 unless such liability is the result of public's use of the property pursuant to CITY'S actual or 10 tacit consent. 11 9. Upon DISTRICT acceptance of STAGE 2 CHANNEL for ownership, 12 operation and maintenance, accept sole responsibility for providing public security and safety in 13 14 conjunction with the public's use of DISTRICT'S STAGE 2 CHANNEL right of way. 15 10. Ensure the safety of all persons who may use DISTRICT'S STAGE 2 16 CHANNEL right of way by conducting regular safety inspections and promptly repairing any 17 damage to DISTRICT'S STAGE 2 CHANNEL right of way that may be necessary to ensure the 18 safety of the public. 19 11. Repair any damage to DISTRICT'S STAGE 2 CHANNEL right of way 20 resulting from CITY'S or the public's use thereof. 21 22 SECTION V 23 It is further mutually agreed: 24 1. All work involved with DISTRICT DRAINAGE FACILITIES shall be 25 inspected by DISTRICT and shall not be deemed complete until approved and accepted in 26 writing as complete by DISTRICT. 27 28 -19- 124193.6 m 7Cmv 0 8 0 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. CITY, and/or TRANSPORTATION acting prior to establishment of CITY, and DEVELOPERS personnel may observe and inspect all work being done on DISTRICT DRAINAGE FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with the DEVELOPERS' contractor(s) during the construction of DISTRICT DRAINAGE FACILITIES. CITY, and/or CSA 145 acting prior to the establishment of CITY, personnel may observe and inspect all work being done on STAGE 2 CHANNEL, but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with the DEVELOPERS' contractor(s) during the construction of STAGE 2 CHANNEL. 3. DEVELOPERS shall complete construction of DISTRICT DRAINAGE FACILITIES within twelve (12) consecutive months after execution of this Agreement and within one hundred eighty (180) consecutive calendar days after commencing work on DISTRICT DRAINAGE FACILITIES. It is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPERS to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work and require DEVELOPERS' surety to pay to CITY and/or TRANSPORTATION the penal sum of any and all bonds. In which case, CITY and/or TRANSPORTATION shall subsequently reimburse DISTRICT for DISTRICT costs incurred. 4. DEVELOPERS shall not request DISTRICT to accept any portion or portions of DISTRICT DRAINAGE FACILITIES or CITY to accept any portion or portions of CITY DRAINAGE FACILITIES or CITY to accept any portion of recreational amenities for ownership, operation and maintenance prior to the completion of PROJECT construction. 5. DISTRICT shall endeavor to issue DEVELOPERS a Notice to Proceed within twenty (20) days of receipt of DEVELOPERS' complete written notice as set forth in -20- 124193_6 1 Section I.B.; however, DISTRICT'S construction inspection staff is limited and, therefore, the 2 issuance of a Notice to Proceed is subject to staff availability. 3 In the event DEVELOPERS wish to expedite issuance of a Notice to 4 Proceed, DEVELOPERS may elect to furnish an independent qualified construction inspector at 5 DEVELOPERS' sole cost and expense. DEVELOPERS shall furnish appropriate 6 7 documentation of the individual's credentials and experience to DISTRICT for review and, if 8 appropriate, approval. DISTRICT shall review the individual's qualifications and experience 9 and, upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall 10 be authorized to act on DISTRICT'S behalf on all DISTRICT DRAINAGE FACILITIES 11 construction and quality control matters. If DEVELOPERS' initial construction inspection 12 deposit furnished pursuant to Section 1.3. exceeds ten thousand dollars ($10,000.00), DISTRICT 13 14 shall refund to DEVELOPERS up to eighty percent (80%) of DEVELOPERS' initial inspection 15 deposit within forty-five (45) days of DISTRICT'S approval of DEPUTY INSPECTOR; 16 however, a minimum balance of ten thousand dollars ($10,000.00) shall be retained on account. 17 6. DISTRICT DRAINAGE FACILITIES construction work shall be on a five 18 (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT 19 designated legal holidays, unless otherwise approved in writing by DISTRICT. If 20 DEVELOPERS feel it is necessary to work more than the normal forty (40) hour work week or 21 22 on holidays, DEVELOPERS shall make a written request for permission from DISTRICT to 23 work the additional hours. The request shall be submitted to DISTRICT at least seventy-two 24 (72) hours prior to the requested additional work hours and state the reasons for the overtime 25 and the specific time frames required. The decision of granting permission for overtime work 26 shall be made by DISTRICT at its sole discretion and shall be final. If permission is granted by 27 DISTRICT, DEVELOPERS will be charged the cost incurred at the overtime rates for 28 -21- 1 124193_6 1 additional inspection time required in connection with the overtime work in accordance with 2 Ordinance Nos. 671 and 749, including any amendments thereto, of the County of Riverside. 3 7. DEVELOPERS shall indemnify and hold harmless DISTRICT, the County 4 of Riverside and CITY (including their agencies, districts, special districts and departments, 5 their respective directors, officers, Board of Supervisors, elected and appointed officials, 6 7 employees, agents and representatives) from any liability, claim, damage, proceeding or action, 8 present or future, based upon, arising out of or in any way relating to DEVELOPERS' 9 (including their officers, employees, subcontractors and agents) actual or alleged acts or 10 omissions related to this Agreement, performance under this Agreement, or failure to comply I 1 with the requirements of this Agreement, including but not limited to: (a) property damage; (b) 12 bodily injury or death; (c) liability or damage pursuant to Article I, Section 19 of the California 13 14 Constitution, the Fifth Amendment of the United States Constitution or any other law, ordinance 15 or regulation caused by the diversion of waters from the natural drainage patterns or the 16 discharge of drainage within or from PROJECT; or (d) any other element of any kind or nature 17 whatsoever. 18 DEVELOPERS shall defend, at their sole expense, including all costs and 19 fees (including but not limited to attorney fees, cost of investigation, defense and settlements or 20 awards), DISTRICT, the County of Riverside and CITY (including their agencies, districts, 21 22 special districts and departments, their respective directors, officers, Board of Supervisors, 23 elected and appointed officials, employees, agents and representatives) in any claim, proceeding 24 or action for which indemnification is required. 25 With respect to any of DEVELOPERS' indemnification requirements, 26 DEVELOPERS shall, at their sole cost, have the right to use counsel of their own choice and 27 shall have the right to adjust, settle, or compromise any such claim, proceeding or action 28 _22_ 124193.6 1 without the prior consent of DISTRICT or the County of Riverside or CITY; provided, 2 however, that any such adjustment, settlement or compromise in no manner whatsoever limits or 3 circumscribes DEVELOPERS' indemnification obligations to DISTRICT or the County of 4 Riverside or CITY. 5 DEVELOPERS' indemnification obligations shall be satisfied when 6 7 DEVELOPERS have provided to DISTRICT or the County of Riverside or CITY the 8 appropriate form of dismissal (or equivalent document) relieving DISTRICT or the County of 9 Riverside or CITY from any liability for the claim, proceeding or action involved. 10 The specified insurance limits required in this Agreement shall in no way 11 limit or circumscribe DEVELOPERS' obligations to indemnify and hold harmless DISTRICT or 12 the County of Riverside or CITY from third party claims. 13 In the event there is conflict between this section and California Civil Code 14 15 Section 2782, this section shall be interpreted to comply with Civil Code Section 2782. Such 16 interpretation shall not relieve the DEVELOPERS from indemnifying DISTRICT or the County 17 of Riverside or CITY to the fullest extent allowed by law. 18 8. Any waiver by DISTRICT or CITY of any breach of any one or more of 19 the terms of this Agreement shall not be construed to be a waiver of any subsequent or other 20 breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to 21 22 require exact, full and complete compliance with any terms of this Agreement shall not be 23 construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from 24 enforcement hereof. 25 9. DISTRICT and CITY each pledge to cooperate in regard to the operation 26 and maintenance of their respective facilities as set forth herein and to discharge their respective 27 28 -23- 124193_6 S 01 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II maintenance responsibilities in an expeditious fashion so as to avoid the creation of any J� nuisance condition or undue maintenance impact upon the others' facilities. 10. This Agreement is to be construed in accordance with the laws of the State li of California. 11. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 DONAHUE SCHRIBER ASSET MANAGEMENT CORPORATION 200 E. Baker Street, Suite 100 Costa Mesa, CA 92626 STARK MENIFEE LAND LLC c/o Regent Properties 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Attn: Matthew Levy CITY OF MENIFEE 29714 Haun Drive Menifee, CA 92117 Attn: City Manager DONAHUE SCHRIBER REALTY GROUP, L.P. 200 E. Baker Street, Suite 100 Costa Mesa, CA 92626 12. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 13. This Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance: Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form. -24- 124193 6 1 14. The rights and obligations of DEVELOPERS shall inure to and be binding 2 upon all heirs, successors and assignees. 3 15. DEVELOPERS shall not assign or otherwise transfer any of their rights, 4 duties or obligations hereunder to any person or entity without the written consent of the other 5 6 parties hereto being first obtained. In the event of any such transfer or assignment, 7 DEVELOPERS expressly understand and agree that they shall remain liable with respect to any 8 and all of the obligations and duties contained in this Agreement. 9 16. The individual(s) executing this Agreement on behalf of DEVELOPERS 10 hereby certify that they have the authority within their respective company(ies) to enter into and 11 execute this Agreement, and have been authorized to do so by any and all boards of directors, 12 legal counsel, and or any other board, committee or other entity within their respective 13 14 company(ies) which have the authority to authorize or deny entering this Agreement. 15 17. This Agreement is intended by the parties hereto as a final expression of 16 their understanding with respect to the subject matter hereof and as a complete and exclusive 17 statement of the terms and conditions thereof and supersedes any and all prior and 18 contemporaneous agreements and understandings, oral or written, in connection therewith. This 19 Agreement may be changed or modified only upon the written consent of the parties hereto. 20 21 // 22 23 24 25 26 27 28 -25- 124193_6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ___UT 2 7 2009 (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: By �Jr+sc C 6 j;,,, W�13 D. WILLIAMS General Manager -Chief Engineer APPROVED AS TO FORM: PAMELA J. WALLS County MAIVU'l By NEAV KIP IS Deputy County Co sel Cooperative Agreement: PM 34275 6/08/09 JPS:blj RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT B MAIUON ASHL Y, Chdirman Riverside County Flood Control and ater Conservation District Board of Supervisors ATTEST; , .i KECI441A'RP� -EM•.`j Clerk of the Board Dep (SEAL) - 26 - 11•Z �13GT 27 2009 124193_6 1 2 3 Cal 5 6 7 8 9 gG 10 12 13 14 15 16 17 18 19 20 - — 21 22 23 24 25 26 27 28 RECO E FOR P VAL: CITY p I�'I�F`�MEIYIFIEE By By QD GEO , WE WALLACE W. EDGERTON City aria P J&t� V) QtloV. er Mayor I APPROVED AS TO FORM: By V�[aA 41J MOU a EL�ETH MARTYN City Attorney Cooperative Agreement: PM 34275 6/08/09 JPS:blj ATTEST: KATHY BENNETT City Uerk ' 'r By : LI: i - (SEAL) ,� -27- 1241936 1 STARK MENIFEE LAND LLC, a Wisconsin limited liability company 2 By: STARK OFFSHORE MANAGEMENT LLC, 3 a Wisconsin limited liability company, Its Manager 4 5 B Y 6 rint Name 7 Print Title 8 9 (ATTACH NOTARY WITH CAPACITY STATEMENT) 10 11 12 13 14 15 (SIGNATURES CONTINUED ON FOLLOWING PAGE) 16 17 Cooperative Agreement: PM 34275 18 6/04/09 JPS: 19 20 21 22 23 24 25 26 27 28 _28_ STATE OF Wisconsin } COUNTY OF Milwaukee j On ,before me, Notary l�rtblic, rsonally appeared e;- personally known to me ( to be the person(} whose name(j) is/am subscribed to the within instrument and acknowledged to me that he/she/th@5Lexec uted the same in hi&(her/thek authorized capacity(&, and that by •kisflter/thAi; ignatureN on the instrument the person( or the entity upon behalf of which their person(} acted, executed the instrument. WITNESS my hand and official seal. • • 1, , A 46- _B IC . toSignature (Seal) •�rL' •.. •t1•: My Commission Expires; e�b�la. 2010 ... t,.. I I1111t1111�1'�I II��Euli l'I�I� I��I� Il[u ''1I]llil tv 9 a s 46' 124193 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cooperative Agreement: PM 34275 6/04/09 JPS: DONAHUE SCHRIBER REALTY GROUP, L.P., a Delaware limited partnership By: DONAHUE SCHRIBER REALTY GROUP, INC., a Maryland corporation, Its General Partner t� , By Print Name Mark L. Whitfield Executive Vice Preside Print Title (ATTACH NOTARY WITH CAPACITY STATEMENT) By Print ame .tenet L. Petersen Ice President - Deveiapment 5ery Print Title (ATTACH NOTARY WITH CAPACITY STATEMENT) DONAHUE SCHRIBER ASSET MANAGEMENT CORPORATION, a Delaware corporation By L —WA-#Ak( Print Name Mark L. Whitfield Executive Vice President Print Title (ATTACH NOTARY WITH CAPACITY STATEMENT) By �nn t ame Janet L. Petersen Vke Fresldeni - Development Services Print Title (ATTACH NOTARY WITH CAPACITY STATEMENT) -29- ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ] On July 8, 2009, before me, Wendy MacAulay, Notary Public, personally appeared Mark L. Whitfield and Janet L. Petersen, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. WEMY MAC +WAY Corcrrrrlon 0 1099091 NaftblY Ao • CWWACI .':QXnft"**kAQ30 2W9 STATE OF CALIFORNIA COUNTY OF ORANGE Wendy MacAuk,y Notary Pubfic in and for said County and State My Commission No. 1599091 My Commission Expires 08/30/2009 ACKNOWLEDGMENT ss. On July 8, 2009, before me, Wendy MacAulay, Notary Public, personally appeared Mark L. Whitfield and Janet L. Petersen, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. MB�Y IIMC IpAY Gaff" krs o 1t1Pq{7i1 �f'1+Y m - cofarra omrw *Camm,flpYa�Auq�O 20pq IIIIII IIIIIII II Ifll� IIIIIIIIII IN�II III (IIII IIII lill Wendy MacAul Notary Public in and for said County and State My Commission No. 1599091 My Commission Expires 08/30/2009 2098-H576V 12123/200968-60F 32 of 46 Exhibit A VICINITY MAP SECTION 3 TOWNSH;T;P & SOUTH RANGE 3- WEST Cooperative Agreement Parcel Map 34275 114 Exhibit A ORANGE iY v■o= RED v ry P BLUE yi I RED E r .,. upul wive .vgreement Parcel Map 34275 2/4 Exhibit A m 27 yya� N RED a+ o YELLOW r w YELLOW r L1 O YELLOW , V II PURPLE I 1 rW� ' w 1 ►s 4 l � 1 [ 1 1 Cooperative Agreement Parcel Map 34275 3/4 Exhibit A ::At' 111J J 4 GREEN "OH 1uoah53H I I I I GREEN • I 14 i I I� I I I GREEN x arou raogw n 1 e GREEN III � j I II u � � 11 ,r I I I� I !II I I II �I II II I aroa ar+n3aH III SS 1 4 ......Fs & au vG."Lgruexne0[ Parcel -Map '34275 4/4 Exhibit B P.M.e 67/5-6 iI PARCEL. 4 I I PARCEL 8 II LA PIEDRA 1(� ROAD if PARCEL 9 PARCEL 10 ill PARCEL 11 (n ROLLAND PARCEL 12 Cooperative Agreement Parcel Map 34275 1/5 GREEN PURPLE PARCEL 13 GREEN BLUE PARCH_ 14 PARCEL 15 BLUE Z Q 2 Exhibit B 0 a Cooperative Agreement Parcel Map 34275 2/5 BLUE BLUE Exhibit B Cooperative Agreement Pareel Map 34275 3/5 LARRY W. WARD Recorder P O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 �. www.riversideacr corn CERTIFICATION Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print oi type the page number(s), and wording belpw): Eyt►i?�)-A I12-i PeCALL �i✓vD W-ewP0 RT "p,©At> V'CLLAN b `P,0kf) IAU f-R I GT_A } 0A'"o },2-ADL ZY 'RD&D Vkp,uk) Rok-D tAG-N IME- a2(KQ e I rY �Mr, eR'nITE —?ACAnrt& 0,P(WKkD 'Rol MUO ';bP�D r-_Yffi9)T A 'PALet"hA 6')(H IDrrz 0/5 : OAU�J `_,2 OA0 r2R jDj:>. 'F Lbp(> C-c O T "L ESt�i 1 L—PA+2C.T_-- L 5 �Pt�C MAP 1131). �.M.a (.,7/-� Date. Signature: Print Name: Amil r ` ACR 601P-AME0 (Rev 09/2005) Availkle inAliarnaw FoirmLs IN, IIIIIHIM II1IIIIII�II�I111111111II1III11111 I It�� O0af 4600R Exhibit B Cooperative Agreement Parcel Map 34275 4/5 LARRY W. WARD Recorder P O. Box 751 COUNTY OF RIVERSIDE Riverside, cw 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 www.riversideacr corn CERTIFICATION Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page numbers] and wording below). �1(F+( E5 I I All p JFD,;2L„ "(o5+45 00 (V 5tLE;.0D L ; 3 g8. 06" .5D CL)NE�� . OVA to -7+2- D . 49 0WIp'52-1tW Date: Signature: Print Name: q 8 0 go' Zb " 12 = (09 2. 0 o 1 L_ = 58F. &3' SSE &T'15,44—RF-1) KN&MI F I CX-rl D-4 ACR 601 P-AS4RE0 (Rev 09/2005) Available in Alternate Formals IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII�IIIIN i2....4 09feB600F w ss . w ems' � Exhibit B Cooperative Agreement Parcel Map 34275 5/5 LARRY W. WARD Recorder P 6 l3aY 75 _ COUNTY iOF RIVERSIDE Rj�wiae. 9z502A751 ASSESSOR -COUNTY CLERK -RECORDER (951"86-1000 wwwriversideaeaamr CERTIFICATION Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the following is afire copy of illeg;iple wording fo.arid in the attached document: {Prjnt or type the gage numbers] and wordino below): Numbered Sheet 26: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CALIFORINA 19-45 (seat) [Numbered Sheet 27: CITY OF MENIFEE CALIFORNIA CORPORATE _SEAL OCT 1 2008. CALIFORN LA (seal) Date:[J7 b Signature: Print Name: Amz Urzsta ACR 601 P-A54RE0 (Rev. 09M05) Availdble in Alternate Formals � 1�4 �I Il�fll If ll�f 1�� 1��f �i� (j j�� I+� ��I `��M-em�� Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Paloma Wash Haun RD SD Lat. E Project No. 4-0-00097 Parcel Map 34275 The undersigned grantor(s) declare(s) DOCUMENTARY TRANSFER TAX $ NONE UITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: Irrevocable Offer of Dedication recorded November 3, 2010, as Instrument No. 2010-0527153, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4097-500 CITY OF MENIFEE: Date C� �!/ } - By: i t JCY_.t-L k—f� WALLACE EDGERT , Mayor ATTESTS: KATHY BENNETT, Clerk to the City of Menifee By:ffd"Onud` City Clerk (SEAL) CONSENT TO RECORD (GOV. CODE 7050) THIS IS TO CERTIFY that the County of Riverside consents to the recordation of this Irrevocable Offer of Dedication pursuant to a Cooperative Agreement recorded on December 23, 2009 as Instrument No. 2009-0657607 AFTER RECORDING RETURN TO: RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 NO FEE (GOV. CODE 6103) Paloma Wash Haun Road SD Lat.,'Line E Project No. 4-0-00097 PM 34275 Access DOC # 2010-0527153 11/03/2010 11:41A Fee:NC Page 1 of 3 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111 S R U PAGE SIZE DA I MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF NCHG EXAM [� T: CTY UNI IRREVOCABLE OFFER OF DEDICATION STARK MENIFEE LAND LLC, a Wisconsin limited liability company, hereby Dedicates in Perpetuity to the Public, on behalf of Riverside County Flood Control and Water Conservation District, a blanket easement for unrestricted access to the Paloma Wash Channel, including ingress and egress thereto, over, upon and across that certain real property situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibit "A" and made a part hereof. The rights herein granted will be quitclaimed to the grantors herein or to their successors or assigns when an alternate easement is approved and recorded by Riverside County Flood Control and Water Conservation District for access to Paloma Wash Channel. STARK MENIFEE LAND LLC, a Wisconsin limited liability company: �= �� o-f�shtNe I�cc�t.evl-� LI.0 ff ,] Dated_ I 133� ^ v'Linda Ltyeqto Title V- (Notary Attached) APN 360-080-026 revised 3/11/2010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of W I SC IS I VI County of On Dale personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is/are- subscribed to the within instrument and acknowledged to me that 4Wshe/gwvr - executed the same in -YtWher/Itmir authorized capacityowo,,, and that by 4WherNt& signature) on the instrument the personal, or the entity upon behalf of which the person(O acted, executed the Instrument. SoHYA MARTINEZ Notary public I certify under PENALTY OF PERJURY under the State of WisconsinD laws of the State of VIScan5 n that the foregoing paragraph is true and correct. WITNESS my hand and offic€al seal. Signature: &W wma�� Place No" Seal and/or Slamp Above (INIlMJ ► / pnaWre of Notary ptublic Q OPTIONAL Though the informetran below is not required bylaw, it may prove valuable to persons relying on the document and could prevent Ireudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: a r 5 Document Date: l Number of Pages: Signer(s) Other Than Named Above: Capacity(€es) Claimed by Signer(s) Signer's Name: 2. EmycyLsSigner's Name. ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual ❑ Individual r ❑ Partner — ❑ Limited ❑ General Top of ttwmb here ❑ Partner — ❑ Limited ❑ General Top of thumb here O Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: �t[[ �T� ❑ Other; i Signer Is Representing. L Signer Is Representing: 0200 National Notary Auoclation • 9350 De Soto Ave.. P.O. BOX 2402 • Chalsworlh, CA 91313-2402 • www NationelNotary,org kem A'S907 Reorder. Call ToI6Free 1,800.678-6827 EXHIBIT "A" FLOOD CONTROL ACCESS EASEMENT That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being Parcel 5 of Parcel Map No. 9504 as shown on the map recorded in Book 67, Pages 5 and 6 of Parcel Maps in the Office of the County Recorder of said County of Riverside. This description was prepared by me or under my direction. �Pi- LANDS ��y�o �, Du C?(r�PL�.� -2 AA 31131a6 a Exp. ° 7566 ° o n R. Duquett PLS 7566, Date: * license expir 12/31/09 s �' rq�E of Ca��ko RBF CONSULTING March 13, 2008 40810 County Center Drive, Suite 100 Temecula, CA 92591 H: IPdata11510117&4dminVegals11781g1040. doc Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Paloma Wash Channel, Stage 3 Project No. 4-0-00111 Parcel Map 34275 (TR 33647/MS4085) The undersigned grantor(s) declare(s) DOCUMENTARY TRANSFER TAX $ NONE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: Irrevocable Offer of Dedication recorded November 9, 2010, as Instrument No. 2010-0539409, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4111-505 Date ATTESTS: KATHY BENNETT, Clerk to the City of Menifee By: City Clerk CITY OF MENIFEE: ,� WALLACE EDGER`1 N, Mayor (SEAL) CONSENT TO RECORD (GOV. CODE 7050) THIS IS TO CERTIFY that the County of Riverside consents to the recordation of this Irrevocable Offer of Dedication pursuant to a Cooperative Agreement recorded on lzLd.)Ce as Instrument No. t9 - (!} AFTER RECORDING RETURN TO: RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 NO FEE (GOV. CODE 6103) M5- 7—%6IO Paloma Wash Ch, Stg 3 Project No. 4-0-00111 TR 33647 (MS 4085) DOC # 2010-0539409 11/09/2020 02:04P Fee:NC Page ] of 8 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111E 111111141 N [1111111111111111111 R j U I PAGE I SIZE f DA M I A f L j 465 1 426 1 PCOR IRREVOCABLE OFFER OF DEDICATION MISC f LONG RFD j COPY CTY UN 5l3 MICHAEL L. COLE, a married man as his sole and separate property, STEVEN B. COLE, a single man, MARTIN D. COLE, a married man as his sole and separate property, PHILIP L. COLE, a married man as his sole and separate property, hereby Dedicates in Perpetuity to the Public, on behalf of Riverside County Flood Control and Water Conservation District, a storm drain casement for the construction, use, repair, reconstruction, inspection, operation, and maintenance of storm drain facilities, and all appurtenant works, including ingress and egress thereto, over, under and across that certain real property situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibits "D" and "D-1 " and made a part hereof. Dated: V X I /-V Dated: 0'Z3 J / 360-230-002 MICHAEL L. COLE, a married man as his sole and separate property: By. MICHAEL L. OLE PLEASE SEE ATTACHE"- STEVEN B. COLE, a single ma A' 'F OR Tz C �UR,7'1F?C STEVEN B. COLE (Signed in counterpart) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 'may`` _'2�U before me, Date I re Insert Name a d Title of the Q}ficer personally appeared G h Gl r f; I-e --- - --- who proved to me on the basis of satisfactory evidence to be the persons whose namek subscribed to the within instrument and acknowledged to me that ie shWth�y executed the same in hi heVther authorized capacity(ies), and that by &hdOhekr signature() on the instrument the person(), or the entity upon behalf of which the person(8,) 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. WITNEE and and official seal. Signature _ Place Notary Seal Above �Val.,.4ull. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ �igner's Name: ❑ Individual _ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General❑ Attorney in Fact •❑ Attorney in Fact❑ Trustee Top of "thumbhere El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: — ❑ Other: Signer Is Representing: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 NOTARYFORM STATE OF CALIFORNIA,,QQ ) COUNTY OF fR-,AJr14 ss. On Cat (- 2-3 - 01 it "t4 �u 6 ire Me, ' 44et) 't!� c}_ �, persdxt�appeared _ who proved to me on the basis of satisfactory evidence to be the persor� whose named) ' re subscribed to the within instrument and acknowledged to me that he/they executed the same in (tJ lherltheir authorized capacity0e ), and that by `is 3edtheir signatures on the instrument the personx, or the entity upon behalf of which the person(Wacted, 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. (SEAL) Signature • � �_ � ;yam • /r.r •►r�r►�r*M■ ■��r�rtrr�rrwrrry■ MARTIN D. COLE, a married man as his sole and separate property: Dated: / — 0 BY: �-s. &. r a— (! ��' MARTIN D. COLE PHILIP L. COLE, a married man as his sole and separate property: Dated: s D By: 'f , PHILIP L. COLE (Signed in counterpart) Imi�iii�iuNiiNmmi�iimihii�iuiuu „��am�wo.. 360-230-002 California All -Purpose Acknowledgement State of California ) County of C1-COnAle On before me, P) 4t r �' �c'%H +, r+ a Notary Public .01 personally appeared -72) -4"n Ij. [7<- /e ♦d}}4440444}4p499}}Q4446444444446F64}4� MYLES R. FEINMAN Ir COMM # 1804906 M W NOTARY PUBLIC • CALIFORNIA Q ORANGE COUNTY 1 ♦ +F}4444 61Iy Commission Expires June 29, 201?I }44}►4+444444440+44s4s44Hs4Hf Notary Public Seal 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. Notary Public Sig2ature Description of Attached Document Title or Type of Document: Document Date: LV- i - /Ci Number of Pages- Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: l Signer is Representing: .n; OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1111uu ;a,am��aoo.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a On r J before me, 4 t Ce U `J here Insert Name end 71rm of she plr� r personally appeared [ 1 rreeisi a! &igner[s} rjopaj R. LOPEZ Commission # 1865294 za llotary Public - California i San Diego County a M Comm. Expires Oct 1, 2013 Y who proved to me on the basis of satisfactory evidence to be the personX) whose name.W- islapd subscribed to the within instrument and acknowledged to me that he/Oelt* executed the same in hislhOhXr authorized capacity ice), and that by his r!t it signature�,s on the instrument the person ar the entity upon behalf of which the perso ac#ed, 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. Place Notary Sea[ and/or Stamp Above Signature: OPTIONALLs+lan ura at N Public Though the Inlormalion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaftachrnent of this form to another document. Description of Attached Document Title or Type of Document (� r Document Date: i Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ph I f i o I C ._ Signer's Name: ❑ Corporate Officer — Title(s): ❑-198-ividual _ L�Corporate Officer — Title(s): _ ,,... ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Xh Signer Is Representing: ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0200e National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, i A g 13- gpp2, �www I� INot��`�M#'� oll- iree'l-800-�cx 7 ry• 9 Item N5907 Reorder: Call Toll•Free 1-e00-e766927 2010-0539409 EXHIBIT "D" FLOOD CONTROL EASEMENT That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being that portion of Parcel 2 of Parcel Map No. 12802 as shown on the map recorded in Book 78, Page 95 of Parcel Maps in the office of the County Recorder of Riverside County, California, located in Section 10, Township 6 South, Range 3 West, of the San Bernardino Base and Meridian described as follows: BEGINNING at the easterly terminus of that certain course shown as (N89°42'18"E 545.38') for a portion of the northerly line of said Parcel 2, being also the southerly line of Holland Road, 100 feet wide, jas shown on said Parcel Map No. 12802; r Thence along said northerly line' North 89042'12" West 110.41 feet; Thence South 00046'26" West 0.76 feet to the beginning of a tangent curve concave northeasterly and having a radius of 155.83 feet; Thence along said curve southeasterly 61.19 feet through a central angle of 22°29'49"; Thence tangent from said curve South 21 °43'23" East 134.21 feet to the southeasterly line of said Parcel 2, being also the northwesterly line of Haun Road as shown on said Parcel Map No. 12802, said point being on a non -tangent curve concave northwesterly having a radius of 956.00 feet, a radial line to said point bears South 60'04'18" East; Thence along said northwesterly line and said curve northeasterly 169.78 feet through a central angle of 10°10'32" to a point at the beginning of a non -tangent line, a radial line to said point bears South 70014'50" East; Thence non -tangent from said curve North 34°58'51" West 37.57 feet to the POINT OF BEGINNING. CONTAINING: 0.33 acres, more or less EXHIBIT "D-1" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. LIQ_a Ll�2�(�� J n R. Duquette, T31/09 7566, Date: license expires RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 H: IPdata115101178MminVegals11781g1011. doc /LPG LANDS � �,OUQ0 CA U��`�L�`c 12-31- OF CAL�k April 21, 2008 JN 15-101178 Page 1 of 1 Y wt! 0 0 0 N89°42'12"W DETAIL NOT TO SCALE .M. 12802 v L. 756 Exp. 12/31/09 OF c� EXHIBIT "D-1" N89°42'12"W 2626.71' -C/L HOLLAND ROAD SEE DETAIL HEREON N89`42'12"W 110.41' (N89°42'18" 545.38') N70_14'50"W r (R) P.M.B. 78/95 PARCEL 2 V: S60'04'18"E (R) DATA TABLE NO BEARING/DELTA RADIUS LENGTH 1 S00046'26"W -- 0.76' 2 22029'49" '155.83' 61.19' 3 N34°58'51"W --1 37.57' LEGEND P.O.B. = POINT OF BEGINNING ( ) = RECORD DATA PER PM 12802, P.M.B. 78/95 RIVERSSIDE COUNTY FLOOD CONTROL, AND WATER CONSERVATION DISTRICT FLOOD CONTROL RIGHT-OF-WAY APRIL 21, 2008 E 0 a A SHEET 1 OF 1 SHEET 19 0 f0FPLANNING ■ DESIGN ■ CONSTRUCTION 40810 COUNTY CENTER DRIVE, SUITE 100 TEMECULA, CALIFORNIA 92591-6022 CONSULTING 951.676.8042 • FAX 951.676.7240 • www.RBF.com SCALE JOB NO, 1"=5015101178-M11 CONSENT TO RECORD (GOV. CODE 7050) TUIIS IS TO CERTIFY that the County of Riverside consents to the recordation of this Irrevocable Offer of Dedication pursuant to a Cooperative Agreement recorded on December 23, 2009 as Instrument No. 2009-0657607 AFTER RECORDING RETURN TO: RIVLRSIDL COUNTY FLOOD CONTROL 1995 MART<L-"-"T STREET, RIVERSIDE, CA 92501 NO PI:;E (GOV. CODE 6103) ms z9Gp Paloma Wash - Haun RD SD Lat., Line C Project No. 4-0-00097 PM 34275 DOG # 2010-0527151 11/03/2 Q1a0��11 :�41A Fee:NC Retarded in official Records County of Riverside Larry U. Ward Assessor. County Clerk & Recorder 1111111111111111111111111111111111111111111111 IN S R I U PAGE SIZE DA MISC I LONG RFD I COPY NI A L 465 426 PCOR NCOR SMF NCH rxnM P T: CTY UNI IRRENOCABLE OFFER OF DEDICATION STARK MENIFEE LAND LLC, a Wisconsin limited liability company, hereby Dedicates in Perpetuity to the Public, on behalfof Riverside County flood Control and Water Conservation District, a storm drain easement for the construction, use, repair, reconstruction, inspection, operation, and maintenance of flood control facilities, and all appurtenant works, including ingress and egress thereto, over, under and across that certain real property situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibits "A" and "B" and made a part hereof. I� Dated: ,!�� / "2 e.. �(..) APN 360-080-026 STARK MENIFEE LAND LLC, a Wisconsin limited liability company: -- JTtl ix C. � A) (print) Title: (Notary Attached) I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fr State of Wisconsin County of On before me, 17+,� Horn In:.er[ Nomo and i1fW inn []Xicnr ... personally appeared �t�ulti i t! HIi��► 'jlr��►1 ftVttG��w Place Notary Snal and/or Stamp Abova 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 slgnature(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 Wisconsin that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature: (IA -e te L&�Ch. -- lgnoturo of Nolffy Pa0110 OPTIONAL Though the information below Is not required by taw, It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ........... Document Date: �,- _ Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Narrro ❑ Corporate Officer — Title(s): Signer's Name: ❑ Corporate Officer — Tltle(s): O Individual 0 Individual f=] Partner --= ❑ Limited ❑ General Top of thumb here 0 Partner — ❑ Limited CJ General Top of u,umta here fl Attorney In Fact n Attorney In Fact O Trustee ❑ Trustee EJ Guardian or Conservator ❑ Guardian or Conservator Other: __...... ...... 0 Other: Signer Is Representing: r; z r Signer Is Representing: 02MB Natianal Notary Assoclatlon" B35P Do Salo Ave., P.O. Box 2402 r chetsworth, CA 91313.2402 • imw.NaUonalNotary.oro Isom M5907 Reorclor; Cdll Tdl•Froo 1 •BOO-B7B-6827 EXHIBIT "A" STORM DRAIN EASEMENT That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being a portion of Parcel 5 of Parcel Map No. 9504 as shown on the map recorded in Book 67, Pages 5 and 6 of Parcel Maps in the Office of the County Recorder of said County of Riverside, Located in Section 3, Township 6 South, Range 3 West, San Bernardino Base and Meridian being a strip of land, 26.00 feet in width, the centerline of said strip being described as follows: COMMENCING at the centerline intersection of Newport Road and Haun Road as shown on said parcel Map No. 9504; Thence along the centerline of said Haun Road South 00°46'26" West 122.34 feet; Thence leaving said centerline at right angles North 89013'34" West 67.00 feet to line parallel with and southerly 122.00 feet from the centerline of said Newport Road; Thence along said parallel line North 89030'50" West 518.52 feet to the TRUE POINT OF BEGINNING; Thence continuing along said parallel line North 891130'50" West 47.59 feet to a point on a line parallel with and westerly 633.01 feet from the centerline of said Haun Road, said point being the POINT OF TERMINATION. The sidelines of said strip to be prolonged or shortened to terminate in the west in said line being parallel with and westerly 633.01 feet from the centerline of Haun Road, and in the east in a line perpendicular to the above described centerline, at the TRUE POINT OF BEGINNING. CONTAINING: 1237 sq. feet, more or less EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. John R. Duqufifte, P.L.S. 7566 Date: Expires 12/31VO9 RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 HAPdata\15101178\Adm1n\Iega1s\1781g1043.doc NO Sv,�y jQ ui T F1CJ o ° NAP.V 3'\- 4 v TE O� G� June 13, 2008 JN 15-101178 Page 1 of 1 U' N r- Z N cD t J � f I LLI Q J m � Q ~ LLI 3 Q < a N In > Oo Q W _Z z z z Q W m EXHIBIT "B" 0 U OI 88' I �/ RIVERSIDE COLWY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORM DRAIN EASEMENT cep �_ O N 13'I - C/L HAUN ROAD 6� _N00°46'26"E R/W PER INST. NO.140064 I j ' RECORDED 03/21/2008 f t 122' Lo 06 to Lo O 0 M I m I z d g U LL 0 r O ' o W O �} ^ ,01 L i co F- In O Lo Zr J Ld U a 13' Q M m JM U IL o �i r� cD SHEET 1 OF 1 SHEETS fWF PLANNING A DESIGN !r CONSTRUCTION 40810 COUNTY CENTER DRIVE, SUITE 100 TEMECULA, CALIFORNIA 92591-6022 C O N S U LT I N G 951.676.8042 • FAX 951,676.7240 • www.RBF.com SCALE JOE No.`R JUNE 13, 2008 1"=100' 15101178 Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Paloma Wash Haun RD SD Lat. E The undersigned grantor(s) declare(s) Project No. 4-0-00097 DOCUMENTARY TRANSFER TAX $ NONE Parcel Map 34275 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: Irrevocable Offer of Dedication recorded November 3, 2010, as Instrument No. 2010-0527151, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4097-500A Date 9 16 /// ATTESTS: KATHY BENNETT, Clerk to the City of Menifee CITY OF MENIFEE: B �ry�2 Y� WALLACE EDG ON, Mayor By: h&—N—U-9: - City Clerk (SEAL) Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) FOR RECORDER'S USE Paloma Wash Channel, Stage 3 The undersigned grantor(s) declare(s) Project No. 4-0-00111 DOCUMENTARY TRANSFER TAX $ NONE Parcel Map 34275 (TR 33647/MS4085) QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: Irrevocable Offer of Dedication recorded November 9, 2010, as Instrument No. 2010-0539409, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4111-505 Date R �l ATTESTS: KATHY BENNETT, Clerk to the City of Menifee By: _ A& City Clerk CITY OF MENIFEE: By: WALLACE EDGERT , Mayor (SEAL) Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Paloma Wash Haun RD SD Lat. Line D The undersigned grantor(s) declare(s) Project No. 4-0-00097 DOCUMENTARY TRANSFER TAX $ NONE Parcel Map 34275 (CUP 3475) MS 4087 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: Irrevocable Offer of Dedication recorded November 3, 2010, as Instrument No. 2010-0527150, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4097-500B Date &1`1 ATTESTS: KATHY BENNETT, Clerk to the City of Menifee By: City Clerk CITY OF MENIFEE: s, By. (�d` ) er scisa--f, WALLACE EDGERMN, Mayor (SEAL) Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Paloma Wash Haun RD SD Lat. E Project No. 4-0-00097 Parcel Map 34275 The undersigned grantor(s) declare(s) DOCUMENTARY TRANSFER TAX $ NONE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described in: Irrevocable Offer of Dedication recorded November 3, 2010, as Instrument No. 2010-0527153, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4097-500 Date G ATTESTS: KATHY BENNETT, Clerk to the City of Menifee :!2'r "�="[Qfm CITY OF MENIFEE: By:� WALLACE EDGtkTON, Mayor (SEAL) Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) ®u Paloma Wash Channel, Stage 2 Project No. 4-0-00111 Parcel Map 34275 (CUP 3475/MS 4087) The undersigned grantor(s) declare(s) DOCUMENTARY TRANSFER TAX $ NONE (QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easements, situated in the City of Menifee, County of Riverside, State of California, described as: Parcel D as described in Irrevocable Offer of Dedication recorded November 3, 2010, as Instrument No. 2010-0527152, records of the Recorder's Office, Riverside County, State of California, as shown as Attachment, attached hereto, to be referenced hereafter as RCFC Parcel No. 4111-500D Date kh - ATTESTS: KATHY BENNETT, Clerk to the City of Menifee By:�famnz#— City Clerk CITY OF MENIFEE: r.f? By: WALLACE EDdEkTON, Mayor (SEAL) CONSENTTO RECORD (GOV. CODE 7050) THIS IS TO CERTIFY that the County of Riverside consents to the recordation of this Irrevocable Offer of Dedication pursuant to a Cooperative Agreement recorded on December 23, 2009 as Instrument No. 2009-0657607 AFTER RECORDING RETURNTO: IIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 NO FEE (GOV. CODE 6103) MS 29'go Paloma Wash Newport Rd SD Lat., Line D Project No, 4-0-00098 PM 34275 (CUP 3475) MS 4087 DOC # 2010-0527150 11/03/2010 11:41A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111111111111111111111111111111111111 III FM R U PAGE SIZE DA MISC LONG RFD COPY If I A L 465 426 POOR NCOR SMF JCHG T, CTY UNI IRREVOCABLE OFFER OF DEMICATION STARK MENIFEE LAND LLC, a Wisconsin limited liability company, hereby Dedicates in Perpetuity to the Public, on behalf of Riverside County Flood Control and Water Conservation District, a storm drain easement for the construction, use, repair, reconstruc6011, inspection, operation, and maintenance of flood control facilities, and all appurtenant works, including ingress and egress thereto, over, under and across that certain real property situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibits "A" and "B" and made a part hereof. Dated: —< i Lil b STARK MENIFEE LAND LLC, a Wisconsin limited liability company; By s g to ) (print) qq Title: �? �•t l�lad i'? �r �,;nf_l i``✓ I (Notary Attached) APN 360-080-026 (West of Paloma Channel) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of WisCOjjSjjj County of k, Lmae. (9, Ll On 2t� Q before me, KV jj Here Irmo Narnis sod Tim of nu offfor J L�Acas personally appeared 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 F3 Eq. to me that he/she/they executed the same in his/her/their authorized capavity(les), and that by v rR y 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. co •I certify under PENALTY OF PERJURY under the x q . ...... Q X OF laws of the State of Wisconsin that the foregoing TM paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary SP41 ontl/or Slainp Above BlPnivru of No OPTIONAL Though the information below is not required by law, it may prove valuable to persons relytrig on the document and could prevent fraudulent removal and reattachment of this form to another doc4mant. Description of Attached Document Title or Typo of Document; Document Date. Number of Pages. SIgner(s) Other Than Named Above: Capacilly(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer Title(s): Title(s): 0 Corporate Officer r. 7 0 Individual 0 Individual ID Partner — 0 Limited 0 General Top of thumb here 13 Partner — 0 Limited Oeneral Top of Iliumb here 13 Attorney in Fact 77 17) Attorney In Fact Cl Trustee C1 Trustee El Guardian or Conservator 0 Guardian or Conservator n Other: (71 Other: Signer Is Representing: Signer Is Representing: 02008 National Notary Asgocliktion • 0350 Do Solo Ave., P.O. BOX 202• Chaieworth, CA 9130-2402- www.N&OoiialNufary.org IWM#5007 Reordor: Can Toll-Froo 1,800,878.027 FLOOD CONTROL STORM DRAIN EASEMENT That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being a portion of Parcel 5, of Parcel Map No. 9504 as shown on the map recorded in Book 67, Pages 5 and 6 of Parcel Maps in the Office of the County Recorder of said County of Riverside, located in Section 3, Township 6 South, Range 3 West, S.B.M, described in as follows: BEGINNING at the southwesterly terminus of that certain course in the southerly right of way of Newport Road, described in the easement deed recorded March 21, 2008 as instrument No. 2008-0140063 of Official Records in the office of said County Recorder, described as having a bearing and distance of "South 55029'39" West 24.41 feet" in said deed; Thence along the southerly right of way line of said Newport Road the following courses: North 55029'39" East 24.41 feet; Thence South 89030'50" East 360.89 feet to a line parallel with and westerly 858.10 feet from the centerline of Haun Road; Thence leaving said southerly line along said parallel line "South 00°46'26" West 26.00 feet to a line parallel with and southerly 114,00 feet from the centerline of Newport Road; Thence along last said parallel line North 89°30'50" West 380,76 feet; Thence leaving said line North 00029'10" East 12.00 feet to the POINT OF BEGINNING; CONTAINING: 0.224 Acres, more or less. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. 1 -- Jo)fdR. Duquette, up.L.S. 7566 Date: Expires 12/31/07 RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591-6022 H:\pdata\15101178\Adm in\legals\178lg1049.doc 111NpS�� '�p 0 0 (-V No.75fi5 X - Fxp• 12.31- 6 �r �T OF CA�lJ� November 20, 2008 JN 15-101178 _,,-- C/L HAUN ROAD 4 _ Na0'46'26"E s I 0 � I 0 0 M { Q � 1 0 I0 F ( Co Ln 00 zM I N I J Cf) �, \ zO U LJw I Q ' Of O Z r� O o a: O o -i � o 04 ��_ Z N ~ z - O ,O z U O T W o0 IL U-) Of { 114' i 88 r-Aao co n I (D ro 0 0000 I 3 I I O I 0 O M 0 I Oco e I z 00 Z 26' 55' �� 1 r IN I I J� r 102' m i a� I I SHEET 1 OF 1 SHEET M Ln CD :57- In m W o (n U Cn O z IZ U W (n r m W J u U Q CL W J m Q H Q F- Q cl O o 2 O It O Z N N N W J I I I Q 0_ � (9) N 0 N N � 0 o o -o z z z Q W m E r'-o o $ r- o O m M- Z wM W~y w C w SV�7 Z 00 0 Z a W O N < � W m O Q�Q w X w W ; L) � z rx CONSENT TO RECORD (GOV. CODE 7050) THIS IS TO CERTIFY that the County of Riverside consents to the recordation of this Irrevocable Offer of Dedication pursuant to a Cooperative Agreement recorded on i� Cat as Instrument No. G c. - AFTER RECORDING RETURN TO: RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 NO FEE (GOV. CODE 6103) /till 7-9go DOC # 2010-0539409 11/09/2010 02:04P Fee:NC Page 1 of 8 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 R U PA E SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SM CH EXAM U13 T: CTY I Paloma Wash Ch, Stg 3 Project No. 4-0-00111 /� y TR 33647 (MS 4085) .art•; IRREVOCABLE OFFER OF DEDICATION MICHAEL L. COLE, a married man as his sole and separate property, STEVEN B. COLE, a single man, MARTIN D. COLE, a married man as his sole and separate property, PHILIP L. COLE, a married man as his sole and separate property, hereby Dedicates in Perpetuity to the Public, on behalf of Riverside County Flood Control and Water Conservation District, a storm drain easement for the construction, use, repair, reconstruction, inspection, operation, and maintenance of storm drain facilities, and all appurtenant works, including ingress and egress thereto, over, under and across that certain real property situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibits "D" and "D-1" and made a part hereof. Dated: Dated: a 3' l D 360-230-002 MICHAEL L, COLE, a married man as his sole and separate property: By. MICHAEL L, OLE STEVEN B. COLE, a single By; '6 6'0 � STEVEN B. COLE (Signed in counterpart) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - 3�f,GY:�X�4';?�s..�."Se4�''�'�„eat.cx.��v�P�eK�{.'n•4� State of California County of On AQ �11_ ��? before me, 1yt t [ l 11 CA� U� C �j �� CiaoI H 10 n1101, M ma 111,11 T1110 0 lira ollrc personally appeared �_C.kCAI ' - �•-P �- who proved to me on the basis of satisfactory evidence to be the personN) whose nameN N subscribed to the within instrument and acknowledged to me that lip (die shb/th)Qy executed the same in hr IhdlrAheelt authorlxed D5�`LEs 0 capacity(les), and that by ts/hEWthi* signature() on the R ` q�M1h instrument the personN, or the entity upon behalf of pp,� pMM v4�'cnU� zoo, which the person(3) acted, executed the instrument. k g�M � 41 I certify under PENALTY OF PERJURY under the laws �� of the State of California that the foregoing paragraph is true and correct. WITNESS_ -my and and official seal. Signature Plnce Nolm y Seal Above 8 mure of mKory Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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: 11 Individual 1-1 Corporate Officer — Title(s): 0 Partner —[-I Limited fJ General C_ 1 Attorney in Fact C1 Trustee F-1 Guardian or Conservator [.I Other: Signer Is Representing: Number of Pages: Signer's Name; I_-1 Individual L_I Corporate Officer -- Title(s): 1-1 Partner — ❑ Limited Cl General e7 Attorney in Fact Top of Thumb hero LJ Trustee Top of Thumb here CI Guardian or Conservator ❑ Other: Signer Is Representing: V 2007 Notional Notary Association- 9350 De Soto Ave., P.O. Box 2402 - Chal.lwodh, CA 91313-2,102- www.NalionalNotary.org Ilom 45007 Hoorder. Cell Toll -Free 1-800-676-6627 111111111111111111111111111111111111111111111111111111 �,,,,,�,40. NOTARY FORM SPA ,94-A0 5X k'LC�vo(i9�0)P_ 01 STATE OF CALIFORNIA,,pp ) �A,4A IJA� A ) ss. COUNTY or � ,) On DE (- 7 3 -' I 0 before mc, /r/ 19M e,) L^ , � persouhll appeared 54',V-e') R . C 1 _, who proved to me on the basis of satisfactory evidence to be the persDnX whose names *re subscribed to the within instrument and acknowledged to me that(adieJthey executed the same in `fu her/their authorized capacilylies), and that by its ter/their signaturdej on the instrument the persoti(dj, or the entity upon behalf of which the person(pYacted, 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, (SEAL) Signature MATTHEW E, WAGONER N p COMM. #18389 e� NOTARY PUSLIC•CALIF4RHIA 5� SANTA BARBARA COUN3Y My Comm. Explree Fibtusry 21, 201y LTT.�ri:i;C1F.A�1RISi1'jTL' ; 2018-0539409 �qj p 3 of a Dated: �/— 7^ / 0 Dated: _ 5-" to 360-230-002 MARTIN D. COLE, a married man as his sole and separate property: BY: • !`'.' MARTIN D. COLE PHILIP L. COLE, a married man as his sole and separate property: PHILIP L. COLE (Signed in counterpart) IIIIIIiuiiuNumiiiuimiiimiuuiuuniuii ;�..�,°�°� California All -Purpose Acknowledgement State of California ) County of �.CANt On . L�_' �' �G _ _ before me, �� rs �' �� nsti /l a Notary Public personally appeared____--_-- e'.r,/e �- 40 0004400 ►4000' 0"0000040000►20060J000►0}6 ,r, MYLES R. FEINMAN t p� COMM S 1804906 �' W NOTARY PUBLIC • CALIFORNIA :0 ORANGE COUNTY ¢y hJfy C¢mmleslou Explros June 29. 2012 i 40Y00 000044►Oeee00►►000►d00400►4}400► Notary Public Seal Description ol'Attaclied Document who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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 signatures) 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. Notary Public Sig%ture OPTIONAL Title or Type of Document: .�Qya+G��1 [itv"t'6-'r d'c ljcra sc_nr�� _ Document Date: 41- 2 - i Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Ul-Iildividual t] Corporate Officer: ❑ Partner - ❑ Limited I] General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: umber of Panes: V I] Individual ❑ Corporate Officer: ❑ Partner - I] Limited ❑ General Q Attorney -in -Fact rJ Trustee 13 Guardian or Conservator U Other: Signer is Representing: IIIIium�MUNim1ii�iiuuuiNu a�.�:�,�.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Count of C) ) , j On 0r; i be€ore me, �, r' n Na[¢ ' �� a[ ti} 4_ Here tn54nro and Tille o1 the OfV r personally appeared EY1 t I 1 n J R. I.OPFT. Commission # 1865294 Notary Public - California x x San Diego County n Hi Comm. Cxpires Oct 1, 2013 Piece Notary Seal and/or Stamp Above Tho h th OPT 1 O who proved to me on the basis of satisfactory evidence to be the person#) whose name)' islapd subscribed to the within instrument and acknowledged to me that hel5,VeltfOy executed the same in hlslfi Ah�i'r authorized capacity( s , and that 'by hlsl rlt it signatureS,a'j on the Instrument the person or the entity upon behalf of which the perso " 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. y Signature; [�_ NAL Sign vie at N Y Pubec ug a rnformallon below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1. Title or Type of Documenl:t �0C�C.�1 CC' tW �C S''�i •E' Document Date: — 7 i I /-;7 -- Number of Pages: . Signer(s) Other Than Named Above: Capacfty(ies) Claimed by Signer(s) Signer's NaIne: 1b's I i [ I ---• --- Signer's Signer's Name; ❑ Corporate Officer — Title(s): D Corporate Officer — Title(s) divldual ❑ Partner — ❑ Limited O General Top of thumb here ❑ Attorney in Fact C7 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: u muiviaual , ❑ Partner — ❑ Limped O General Top of Thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - -xrc ssec�^s cs�acx�s.s,^sur, 0sr^sKsrsacc^<ssx 200e National Notary Assoclelion 935D De Solo Ave., P.C. Box 2402 Chelswo lh, CA 91313.2402 www.NelionalNolary.org Itam u5907ss:cRaortler: Cell Toll -Free t•a00.676.68 l 111111111IIII ,,°°."�"�"" EXHIBIT "D" FLOOD CONTROL EASEMENT That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being that portion of Parcel 2 of Parcel Map No. 12802 as shown on the map recorded in Book 78, Page 95 of Parcel Maps in the office of the County Recorder of Riverside County, California, located in Section 10, Township 6 South, Range 3 West, of the San Bernardino Base and Meridian described as follows: BEGINNING at the easterly terminus of that certain course shown as (N89"42'18"E 545.38') for a portion of the northerly line of said Parcel 2, being also the southerly line of Holland Road, 100 feet wide, jas shown on said Parcel Map No. 12802; r Thence along said northerly line North 89042'12" West 110.41 feet; Thence South 00046'26" West 0.76 feet to the beginning of a tangent curve concave northeasterly and having a radius of 155.83 feet; Thence along said curve southeasterly 61.19 feet through a central angle of 22°29'49"; Thence tangent from said curve South 21 °43'23" East 134.21 feet to the southeasterly line of said Parcel 2, being also the northwesterly line of Haun Road as shown on said Parcel Map No. 12802, said point being on a non -tangent curve concave northwesterly a having a radius of 956.00 feet, a radial line to said point bears South 60°04'18" East; �w Thence along said northwesterly line and said curve northeasterly 169.78 feet through a 2 central angle of 10010'32" to a point at the beginning of a non -tangent line, a radial line m a to said point bears South 70014'50" East; Thence non -tangent from said curve North 34058'51" West 37.57 feet to the POINT OF BEGINNING. CONTAINING: 0.33 acres, more or less. I EXHIBIT "D-1" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. P� LANps 0� 7566 n R. Duquette, Lo 7566, Date: 111cense expires /31/09 � C O F RBF CONSULTING April 21, 2008 40810 County Center Drive, Suite 100 JN 15-101178 Temecula, CA 92591 Page 1 of 1 H:1Pdata115101178W dminVecda1s11781g1011. doc 0 0 0 U1 N89"42'12"W mw DETAIL N0 NOT TO SCALE co 80) 0-1 0 *�L LANo s •� * L . 756 �■ Exp. 12/31/09 �r - - EXHIBIT "D-1" N89°42'12"W 2626.71' H C/ L OLLAND ROAD SEE DETAIL HEREON -- N89°42'12"W 110.41' (N89°42'18" 545.38') 3 N70'14'50"W (R) M. 12802 P.M.B. 78/95 kv 44. PARCEL 2 oup' � V o A O S60`04'18"E (R) DATA TABLE NO BEARING/DELTA RADIUS LENGTH 1 S00°46'26"W -- 0.76' 2 22929'49" 155.83' 61.19' 3 N34°58'51"W --1 37.57' LEGEND P.O.B. = POINT OF BEGINNING ( ) = RECORD DATA PER PM 12802, P.M.B. 78/95 SHEET 1 OF 1 SHEET RIVERSIDE COUNTY FLOOD CONTROL PLANNING ■ DESIGN M CONSTRUCTION AND WATER CONSERVATION DISTRICT FLOOD CONTROL N r 40810 COUNTYDRIVE.100 RIGHT—OF—WAY ACENTER TEMECO22 RNIA 92591T CONSULTING 951.676.8042 • FAX 951.676.7240 • www.RBF.com n SCALE JOB NO, APRIL 21, 2008 1"=50 15101178-M11