2020/03/27 Easement Grant of EasmentCommonwealth Land Title Co.
RECORDING REQUESTED BY
AND WHENRECORI}ED MAIL TO:
City ofMenifee
Attn: City Clerk
29844 Haun Road
Menifee, CA92586
8024473
APN: 360-130-003
TRA:026-016
TTX. 0.00
560,!3t8J8.0001
13815304.1 atUl0/19
DOC # 2020-0140349
0312712020 08:00 AM Fees: $0.00
Page 1 of 10
Recorded In Official Records
County of Riverside
Peter Aldana
Assessor-C ou nty C lerk-Reco rder
"This document was electronically submitted
to the County of Riverside for recording*.
Receipted by: TERESA #134
(Space above linc for Recordcr's use only)
The undersigned declares that thi$ docunenl is
recorded at the request olandfor the benefit ofthe
Citlr otMenifee and ts therefore cxemptlrom ihe
pyment of thc recordingfee ptrsuant lo Goyernmen!
Code $ 6103 and g 27j8j and
/rom payment otthe docwnantary transfer tax
pursuant lo Revenue and Taxation Code $ I 1922.
GRANT OF EASEMENT
(Temporary Construction Easemen t)
T or TEMB,OERY coNsrRUCTIoN EASEMENT is made this ?.lshday ofW4_ 42p31_^"abetween JIMMIE P. NELSoN AND LAURA r\AFErSor,r,
AS TRUSTEES OF THE NELSON FAMILY TRUST, DATED 4II3II5 ("GrANtOr"), ANd thE
CITY OF MENIFEE, a California municipal cnrporation (*City,).
For valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby
GRANTS unto City, its successors and assigns, a ffUpOReRY -CONSTRUCTION
EASEMENT in, over, under and across the rral propelty in the County of Riverside, State of
California described in Exhibit A attached hereto and made a part hereof, and depicted in Exhibit
B attached hereto and made a part hereof (the "Temporary Construction Easement Area').
This Temporary Construction Easement is a nonexclusive easement which permits the City
of Menifee, and its officers, agents, employees, and contractors, to enter upon, over, under, along,
and across the Temporary Construction Easement Area, consisting of approximately 10,796 squ*"
feet, as deemed reasonably necessary for all purposes incidental to the construction ofthe Project
(the "Project"). This Temporary Construction Easement shall include the right to perform within
the Temporary Construction Easement Area, any necessary excavation; grading; earth fill;
compaction; installation of concrcte forms; Iandscaping; irigation; utility; and sign relooation;
accomrnodation of private drainage facilities; and deposit of tools, equipment, and material for all
such necessary activities which are reasonably incidental to the work being performed on
Temporary Construction Easement Area in connection with the approved plans for the Project;
provided , however, this Temporary Construction Easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be performed on site in
-l-
connection with the Project, nor to block all pedestrian or vehicular access to the larger parcel of
property of which the Temporary Construction Easement Area is a part ("Grantor's Property"), nor
exercise the uses of the easement outside of the Temporary Construction Easement Area. The
grant of the Temporary Construction Easement includes the right to access the Temporary
Construction Easement Area during normal business hours to conduct studies, tests, examinations
and surveys necessary to design and construct the improvements including without limitation the
right of vehicular and pedestrian ingress and egress, in, over, under, across, along and upon the
Temporary Construction Easement Area.
To the extent legally permitted improvements are constructed on the Temporary
Construction Easement Area, City shall protect or restore all improvements thereon.
All activities conducted by City and/or its representatives shall be conducted in an
environmentally sound and workmanlike manner. City and its representatives shall not: (i)
unreasonably interfere with the use of Grantor's Property or any tenants or occupants of Grantor's
Property, (ii) damage Grantor's Property in any manner not called for under the Project's approved
construction plans, and (iii) block or obstruct all ingress or egress to or from Grantor's Property,
block all visibility to the signage or the use of reasonable vehicular access roads during business
hours. If any portion of Grantor's Property outside of the Temporary Construction Easement Area
suffers damage by reason of the exercise of the rights under this Temporary Construction
Easement, City shall promptly repair such damage, and restore Grantor's Property to the same
functional condition prior to the occurrence of such damage as is reasonably possible.
The TCE shall be for a period of thirty (30) months ("TCE term"). The TCE Term shall
commence on July 6,2020 or an earlier agreed upon date by both parties. The Grantor shall be
provided at least thirty (30) days written notice prior to commencement of work within the TCE area.
The Temporary Construction Easement shall expire on the earlier of (i) the termination date or (ii)
the date on which City records a notice of termination of the Temporary Construction Easement
or Project Completion Notice in the Official Records of the County of Riverside.
At the expiration of this Temporary Construction Easement, City shall restore the
Temporary Construction Easement Area to a functional condition as near as reasonably possible
to the condition that existed immediately prior to City's exercise of the rights hereunder, consistent
with the improvements to be constructed by the Project.
SEE EXHIBIT "A-3" and "B-3" ATTACHED HERETO AND MADE PART
HEREOF.
560/03 I 8s8-0001
13815304 1 a0l/t4120
.)
IN WITNESS WHEREOF, Grantor and City have executed this Grant of Easement as of
the date first set forth above.
Jimmie P. Nelson and Laura M. Nelson, as Trustees of The Nelson Family Trust
Jimmie P. Nelson, Trustee
Date: ,/ -z / - ZO
Name: Laura M. Nelson, Trustee
Date: t/ty/aD
560/03 I 858-000 I
13815304.1 al0/10/19 -J-
SV&o"a- la,r"*4
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
couNTY oF sAN prEGO)
On Januarv 14, 2020 before me, A. CORDERO ,Notary Public,
personally appeared Jimmie P. Nelson
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal.
Signature:(Seal)
A. CORDERO
Notary Public - California
- San DiegoCounty
commission # 2156063
My Comm. Expires Jul S, 2OZO
)
ffi
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO}
On Januarv 14,2020 before me, @Notary Public,
personally appeared Laura M. Nelson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal
)
r)
A, CORDERO
Notary Public - California
5an Diego County
Commission i 2156063
My Comm. Explres Jul 5, 2020Signature:ffi
CERTIFICATE OF ACCEPTANCE
This that the GRANT OF EASEME,NT
dated AND LAURA M. NELSON,
AS TRUSTEES OF THE NELSON FAMILY TRUST, DATED 4ll3l95 to the CITY OF
MENIFEE, a California municipal corporation ("City"), is hereby accepted by the undersigned
officer or agent on behalf of the City of Menifee.
o?,%,zo
G. Smith, P.E.Date
Engineer, City of Menifee
560/03 l 858-000 I
t3815304.1 al0/10/19 -6-
Exhibit "A-3"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
JIMMIE P. & LAURA M. NELSON
Parcel 360-130-003-3
An easement for temporary construction pulposes and incidents thereto in
and to that portion of the Southeast Quarter of the Southeast Quarter of
Section 3, Township 6 South, Range 3 West, San Bernardino Meridian, in
the City of Menifee, County of Riverside, State of Califomia, as described in
Grant Deed recorded December 16,2002 as Document No. 2002-750779,
Offrcial Records of said County and shown on Record of Survey recorded in
Book ll4,Page 92 of Records of Surveys, in the Office of the County
Recorder of said county, described as follows:
Commencing at the southeast comer of said Section 3, said point
monumented with a 3" brass disk, 0.4 feet below the surface within the
Right of Way of Interstate2l5;
Thence North 89"42' 15" West (North 89o42'A4" West per said Record of
Survey) along the southerly boundary of said Section 3, a distance of 80.26
feet;
Thence North 00o17'45" East, perpendicular to said southerly boundary, a
distance of 30.00 feet to the northerly Right of Way of Holland Road (30.00
feet half width);
Thence North 45"30'51" East, a distance of 22.02 feet to the westerly right
of way of Interstate Route 215;
Thence North 00o44'38" East, along said westerly right of way, a distance of
227.45 feet
Thence South 55"20'37" West a distance of 66.97 feet;
Thence South 89"49'43" West a distance of 280.61 feet;
Thence South 83"13'25" West a distance of 166.72feet;
Pagc I of2
Exhibit "A-3"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Thence South 61"05'13" West a distance of t3.27 feet to the True point of
Beginning;
Thence South 61"05'13" West a distance of 73.88 feet;
Thence South 81"19'43" West a distance of 223.73 feet;
Thence North 51"40'32" East a distance of 66.75 feet-
Thence North 60"16'19" East a distance of 59.79 feet;
Thence North 79"43'41" East a distance of 75.36 feet;
Thence South 82o59'15" East a distance of 44.76 feet;
Thence South 71"43'27" East a distance of 39.98 feet'
Thence North 83o13'25" East a distance of 25.20 feet to the True Point of
Beginning.
Containing10,796 square feet or 0.248 acres more or less.
See Exhibit "B" attached hereto and made aparthereof.
The bearings and distances shown in the above description are on the
California Coordinate System of 1983 (2007),Zone 6. Divide distances in
the above description by 0.999907542 to obtain ground distances.
This real property description has been prepared by me, or under my
direct fonnance with the Professional Land Surveyors' Act.
No.7223
C
t.ANO
**
Or
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Page2 of2
JIMMTE P. & LAIJRA M.I\TELSON
TEMPORARY CONSTRUCTION
EASEMENT
PARCEL 360-130-003-3
EXIIIBIT ''B''mI TO SCIrE
lEt e|,''|Erl tatr x lrrrr oJlorr rr.tE
CITY OF MENIFEECOUNTY OF RIVERSIDE
PARCEL
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EXISTING PARCEL LINES
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
TEMP. CONSTRUCTION EA
PERMANENT MAINTENANCE EASE
PERMANENT PUBLIC
UTILITY EASEMENT
RIGHT OF IVAYR/W
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CURVE DATA TABLE
NO.RAD I US DELTA LENGTH
cl 1025.91 '.I I o l2'56"200.7?'.
c2 r 058.9r ',080 20'31 "154.17'
R,/W
1
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10 05'13"lYg'.8
19 A s4 50 30
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TEMPORARY CONSTRUCTION
EASEMENT
PARCEL 350-130-003-3
EXHIBIT ''B'I
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N EASEMENT AREA=10 796 S.F.
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POC APN 360-130-003
SE CORNER SEC. 3
T65, R3W SBM
LINE DATA TABLE
NO.DI STANCE BEAR I NG
LI 80.26',N89" 4?'1 5"W
L2 30.00'N00' I 7',4 5"E
L3 13.49',N00" 44',38"E
L4 2.77'.s69"4 l'.32"W
L5 I 5.76',NOO' 26'42"E
L6 66.75',N5l '40',32"E
L7 59.79'N60'l 6'1 g"E
L8 75.36',N79' 43',41"E
L9 44,76'.s82"59'15"E
Lr0 39.98',s7l "4 3'2'l"E
Ll I 25.20',Ng3" t 3',25"E
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