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2020/07/21 Easement Grant of Easement - APN 372-014-016Commonwealth Land Trtle Co RECORDING IIJ,QUESTED BY AND WT-IBN RECOR-DED MAIL TO: City of Menifee Attn: City Clerk 29844 Haun Road Menifbe, CA 92586 The undersigned declares that lhis document is recorded at the request of andfor the beneft of rhe City olMenifee and is therefore exemptfrom the payment o{the recordingfee put'suant to Govemment Codc $ 6103 and $ 27383 and from paynent of the documentaty transfer tax pursuant to Reyenue and Taxation Code $ I 922, APNs: 372-014-016 9202487 TRA 026-0B0 DOC # 2020-0321755 0712112020 05:00 PM Fees: $0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder .'This document was electronically submitted to the County of Riverside for recording-' Receipted by: JACQUELINE #2380 (Spacc above line for Recordcr's usc only) TTX O OO GRANT OF EASEMEi{T (f emporary Construction Easement) This GRANT OF TEMPORARY CONSTRUCTION EASEMENT is made this Js aay of 2020, by aud between OSCAR AIIANGO Ar\D MARGARITA ARANGO, AND WIFE AS JOINT TENANTS ("Grantols"), and the CITY OF MENIIEE, a California municipal corporati0n ("City"). For valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby GRANT unto City, its successors and assigns, a TEMPORARY CONSTRUCTION EASEMENT in, over, under and across the real properfy in the County of Riverside, State of Califomia described in Exhibit ('A" attached hereto and made a part hereof, and depicted in Exhibit "B' attached hercto and made a part hereof (the "Tempolaly Construction Easement Area"). This Tenrporary Construction Easement is a nonexclusive easement which permits the City of Menifee, and its officers, agents, employees, and conkactors, to enter upon, over, under, along, and across the Temporary Construction Easement Area, consisting of approxirnately 229 square feet, as deemecl reasonably necessary tbr all purposes incidental to the construction of the Project (the "Project"). This Temporary Construction Easernent shall include the right to perform within the Temporary Construction Easement Area, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment, and material for all such necessary activities which are reasonably incidental to the work being performed on Temporary Construction Easernent Area in corurection 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 al'e not iucidental to the work to be performed on site in connection with the Project, nor to block all pedestrian or vehicular access to the larger parcel of prcperty of which the Temporary Construction Easement Area is a part ("Grantors' Property"), nor 560/0tr 858-00ct I3815304.t a06124t20 1 exercise the uses of the easement outside of the Temporary Construction Easement Area. The grant of the Temporary Construction Easement includes the right to access the Temporary Construction Easement Area during normal business hours to conduct studies, tests, examinations and surveys necessary to design and construct the improvements including without limitation the right of vehicular and pedestrian ingress and egress, in, over, under, across, along and upon the Temporary Construction Easement Area. To the extent legally permitted improvements are constructed on the Temporary Construction Easement Area, City shall protect or restore all improvements thereon. All activities conducted by City and/or its representatives shall be conducted in an environmentally sound and workmanlike manner. City and its representatives shall not: (i) unreasonably interfere with the use of Grantors' Property or any tenants or occupants of Grantor's Property, (ii) damage Grantors' Property in any manner not called for under the Project's approved construction plans, and (iii) block or obstruct all ingress or egress to or from Grantors' Property, block all visibility to the signage or the use of reasonable vehicular access roads during business hours. If any portion of Grantors' Property outside of the Temporary Construction Easement Area suffers damage by reason of the exercise of the rights under this Temporary Construction Easement, City shall promptly repair such damage, and restore Grantors' Property to the same functional condition prior to the occurrence of such damage as is reasonably possible. This Temporary Construction Easement shall be effective for a period of thirty (30) months beginning on the date that is thirty (30) days following written notice from City to Grantors of the activation of the Temporary Construction Easement. The Temporary Construction Easement shall expire on the earlier of (i) the termination date or (ii) the date on which City records a notice of termination of the Temporary Construction Easement or Project Completion Notice in the Official Records of the County of Riverside. At the expiration of this Temporary Construction Easement, City shall restore the Temporary Construction Easement Area to a functional condition as near as reasonably possible to the condition that existed immediately prior to City's exercise of the rights hereunder, consistent with the improvements to be constructed by the Project. 560/03 I 858-0001 13815304.1 a06124120 .) SEE EXHIBIT "A" and "B" ATTACHED HERETO AND MADE PART HEREOF. IN WITNESS WHEREOF, Grantors and City have executed this Grant of Easement as of the date first set forth above. Oscar Arango and Margarita Arango, Husband and Wife as Joint Tenants By: Name: Oscar Arango Date -Z -zD By: Name: Margarita Arango{'2T)qfe' 560/03 I 858-000 I 13815304.1 a06124120 -3- ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, ,of of that document. State of California County of Riverside On personally Manuel ) ) 2020, before me, Timothy R. McCloud, Notary Public, and ta , 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 capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NHOTHY R. ilCCLOtJD Notary Public - Crllfornia Riversidc County Commission # 2270910 l*y Comm. Erpirer Dec 11,2021@ WITNESS my hand and official S 560/03 1 858-000 I 13815304.1 a06124120 (Seal) -4- EXII[BIT "A'' LECAL DESCRIrI'ION TEMPOR ARY CONSTRUCTIO}. EAS EMENT OSCAR ARANGO & MAGARITA CONZALES Parcel 372-014-016-l An easement for tcmporary construction purposes and incidents thereto in and to that portion of Lot 197 of Tract Map No. 22390 recorded in M.B. 188, Pages 29 through 34, inclusive, in the Office of the County Recordcr of Rivcrsidc County, in the City of Corona, County of Rivenride, State of California, more particularly described as follows: Thence South 89"33'1 8" East along the northerly boundary ofsaid Section I l, a distancc of8l3.12 feeq 'l'hence South 00o26'42" West, perpcndicular to said northcrly boundary, a distance of 50,00 feet to the southerly Right of Way of Ilolland Road (50,00 feet half width); Thence South 89o33'18" East, along said southerly Right of Way, a distancc of450.84 feet to the True Point of Bcginning; Thencc continuing South 89"33' 18" Ea.sl along said southerly Right of Way, a distance of 3.00 feeU Thonce South 46o43'33" East a distance of 4.09 fcet; Thence South 00"26'42" West a distance of 35.98 feet; Thence North 89"33'18" West a distance of 6.00 fcct; 5601031858-0001 13815304. Page I ofl Commencing at the northwest corner of said Section I l, 'lbr*nship 6 South, Range 3 West, San llemardino Mcridian, said point monumented with a 27r" brass disk, 0.4 fert helow the surface within the Right of Way of Interstate 215; EXHIBI'T ..A'' LECAL DESCRIPTION TEMPORARY CONSTRIJCTION EASEMENT 'l'hence North 00o26'42" East a distance of 38.76 feet to said northerly Right of Way and the True Poln( of Beginning. Containing 229 squarc fcct morc or lcss. Sec Exhibit "B" attached hcrcto and madc a part hcrcof. The bearings and distanccs shown in thc abovc dcscription are on the Califomia Coordinate System of 1983 (2007), Tane 6. Divide distances in the above description by 0.99995020 to obtain ground distanccs. 'l'his real description has bsen prepared by rne, or under my with Professional Land Surveyors'Act. C. Bentley, P s6010318s8-000r 1 38 I 5304. No.7223 Pagc 2 of2 Exhibit "B" LEGAL DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT AREA Parcel: 372-014-016-l c v x ?I* 4 a4 a ,.N E e E ET (B F E iEEI;{ i 3i: 6 q f I I RTE. 2I 5 cz 2ood-o() fr {l5t, -lH'1 E{o7 o EJ € I l{, r io E: oz a- aor-ooo a ooez-l o!, z E'v2tIt =rro--oo(, - ROAD (-^J N-r(J:bYl}Ro' ; I 5601031858-0001 1381s304. <: I I2) HAUN ROAD l F Exhibit "B" LEGAL DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT AREA Parcel: 372-014-016-l iIta _l t tIIII},< gEFE iC - !4 ;gEE E.iE3 F3 E E ,ll ;qE:E; Fit:ri ;'s;IEr ii e;cl Czo;o6tlO z4Flo 'ix*t OE!+ FX .a!\aItci F7.a<F'uolt'{€ r{ -2o o oq oq oqloq o q I 6{-nm zoo o Ij oo a o; N- or, e t: o m @n Tzo r = E'> orm E L' r-?r! ! r POC Nvi coRNtR stc. I r 165, R3t S8u o,'P> -!qE GotN}ao NFo P crtfr -1, ,!ono'-a 'no"r-+ r__-___.-i- ,AFCEL ,riAP No. l3?5 560/03 1 858-000 I 13815304. -- A,rrrret :1. ll I I mx<-.o CERTIFICATE OF ACCEPTANCE This is to certily that thc interest in realprcperty conveyed by the GRANT OIr EASEMENT clatecl 2019, from OSCAII ARANGO, A SlNGl.E MAN AND MARGARITA GoNzAr-EZ, A sINGl.E woMAN As .IOINT'I'LNANTS to rhe clTy oF MENtFhlE, a California municipal cotporation ("City"), is hereby accepted by the unclersigned officer or agent on behalf of the City of Menifee. G. Smith,.E. Hngineer, City ol' Menifee Cz-\CI'Za f)atc 560/031858-0001 13815304.1 al0/10/19 -6- LARRY W. WARD COUNTY OF RIVERSIDE ASSESSOR.COUNTY CLERK.RECORDER Website: www. riversideacr. com DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 5I6 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 372 -- 014 - 016 I declare that the documentary transfer tax for this Property Address:31023 Hanover Recorder P.O. Box 751 Riverside, CA 92502-07 5 I (9s l ) 486-7000 I Menifee. CA 92584 transaction is: $0.00 If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAIISE: (The Sections listed below are taken from the Revenue snd Taxution Code. Please check one or acplain in "Other".) 1. _ Section 11911. The document is a lease for aterm of less than thirty-five (35) years (includingoptions). 2. _ Section 11911. The easement is not perpetual, permanent, or for life. 3. _ Section 11921. The instrument was given to secure a debt. 4. ,/ Section 11922. The conveyance is to a governmental entity or political subdivision. 5. _ Section 11925. The transfer is between individuals and a legal entity, or between legal entities, and does not change the proportional interests held. 6. _ Section 11926. The instrument is from a trustor to a beneficiary, in lieu of foreclosure, and no additional consideration was paid. 7. _ Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. 8. _ Section 11927 . The conveyance relates to a dissolution of marriage or legal separation. 9. _ Section I 1930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Also, certain gifts in excess ofthe annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue Service. 10. _ Section 1 1930. The conveyance is to the grantor's revocable living trust. I l. _ Other (lnclude explanation and authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed this 17 day of 2020 at Newnort CA City Carlv Beard Printed Name of Afliant 4100 Newoort Pl Dr. Ste 120- NB- CA 92660 Address of Affiant 949-724-3159 Telephone Number ofAf'fiant (including area code) State of Cnmmnnweelth Lnnd Title Name of Firm (if applicable) ACR 521 P-AS4EX0 (Rev. I l/2010)Available in Altemative Formats Code 6250 et.This form is su to the California Public Records Act Affix PCOR Label Here Irrlw