2020/09/23 Agreement Menifee Village - Tract Map Nos 32102-1 and 321029123t2020 Batch 7624359 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Menifee
29844 Haun Road
Menifee, California 95286
Attention: City Clerk
DOC # 2020-0452149
0912312020 01.42 PM Fees. $0.00
Page 1 oI 12
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-Cou nty Clerk-Recorder
*'This document was electronically submitted
to the County of Riverside for recording'"
Receipted by: MARY #420
EXEMPT FROM FILING FEES
GOVERNMENT CODE S 6103
(Space above for Recorde/s Use)
AGREEMENT REGARDING ANNEXATION INTO A
COMMUNITY FACILITIES DISTRICT AND
COVENANTS RUNNING WITH THE LAND FOR
Menifee Village -Tract Map Nos. 32102-1 and 32102
between
THE CITY OF MENIFEE
a California municipal corporation
and
Diamond Brothers Five Partnership, LP
as the Developer
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Batch 7624359 Confirmation
DOC #2O2O-O452149 Page 2 ot 12
AGREEMENT
1. Partles and Date
This AGREEMENT REGARDING ANNEXATIoN tNTo A coMMUNlrY FAclLrrES
DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR Menifee Village - Tract Map.,
Nos.3210p-'l and3?1O2(hereinafterreferred to as "Agreement") isentered inlo as of thisy'fA
day of t+,gqct ,2020, by and between the City of Menifee, a California municipil
corporation (hbrein-after referred to as "City") and, Diamond Brothers Five Partnership., LP, with
its principal place of business at3200 Guasti Road, Suite 100" Ontario, CA 91761 (hereinafter
referred to as "Developer").
2. Recitals.
2.1 Developer has submitted to the City for its approval of Tract Map Nos. 32102-1
and 32't02, a proposed development of the property located North of Domenigoni Parkway at
Lindenberger Road in the City of Menifee (hereinafter referred to as the "Property"). The Property
is more specifically described as being a portion of Parcel A together with a portion of Parcel B of
Lot Line Adjustment 0522'l recorded November 26,2008 as lnstrument No.2008-0627851,
together with a portion of Parcel 34 per Parcel Map 21838 as shown in book 146, Pages 1 through
26 inclusive, of Official Records of Riverside County, State of California. The Property is as legally
described in Exhibit'A" attached hereto and incorporated by reference.
2.2 On or about September 27, 2005, the County of Riverside approved Tentative
Tract Map No. 32102 (hereinafter referred to as "TTM 32102") subject to satisfactory completion
of the Conditions of Approval issued in connection with the County's approval of TTM 32102. ln
20'19, the City of Menifee approved Extension of Time 2018-178 which extended the life of TTM
32102 to September 27,2019. Developer has submitted an application to extend Extension of
Time 2018 (PLN 19-0026) that will extend the life of TTM 32102 to September 27 ,2020, Pursuant
to Condition of Approval No. 219, issued in connection wrth PLN 19-0026 (hereinafter referred
to as "COA 2'19"), the Developer is required prior to City's issuance of a Certificate of
Occupancy, to annex the Property into a Citywide Landscape and Lighting Maintenance District
CFD 2017-1 (hereinafter referred to as the 'CFD') for the maintenance of streets within public
right of way located within the Property.
2.3 Developer and City desire to enter into this Agreement for the purpose of
complying with COA 219.
2.4 This Agreement is made in consideration of the approval of Tract Map Nos. 32102-
01 and 32102 pursuantto Resolution PLN 19-0026.
3. Terms.
3.1 Petition. As owner of the Property, Developer shall sign a petition, at no cost,
expense or other obligation to City, to annex the Property into the CFD.
3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for
the annexation of the Property into the CFD. Such costs shall include, but shall not be limited to,
all administrative, publication, engineering and legal costs and fees of any kind related to the
annexation of the Property into the CFD.
3.3 lnclusion. Developer understands, acknowledges and agrees that it shall not be
authorized to sell, transfer or in any other manner convey any of the Property prior to the inclusion
of the Property in the CFD, which is currently in the process of formation pursuant to all
requirements of state and local laws, rules and regulations.
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3.4 lndemnification Developer shall indemnify, defend and hold City and City's
officials, officers, employees, agents and contractors free and harmless from and against any and
all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or
property (including wrongful death) in any manner arising out of or incident to Developer's
negligent acts, omissions or willful misconduct relating to this Agreement.
3.5 Amendment. The terms and conditions of this Agreement may be altered, changed
or amended only by written agreement of the parties hereto.
3.6 Notices. All notices to be given hereunder shall be in writing and may be made
either by personal delivery or by registered or certified mail, postage prepaid, return receipt
requested. ttlailed notices shall be addressed to the parties at the addresses listed below, but
each party may change the address by written notice in accordance with this paragraph. Notices
delivered personally will be deemed communicated as of actual receipt; mailed notices will be
deemed communicated as of two (2) days after mailing.
City: City of Menifee
28944 Haun Road
Menifee, California 92586
Attn: City Clerk
Developer:Diamond Brothers Five Partnership, LP
3200 Guasti Road, Suite 100., Ontario, CA 91761
Attn: George Chang, General Partner
3.7 Successors and Assiqns. This Agreement shall be binding on the successors and
assigns of the parties.
3.8 Recordation. City shall cause this Agreement to be recorded with the Riverside
County Recorder's Office.
3.9 Covenant Running With the Land. The covenants in this Agreement are covenants
running with the Property, in accordance with the provisions of Civil Code Section 1468. The
covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth
herein shall run with the Property and shall be binding upon all persons having any right, title or
interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure
to the benefit of the City and its successors and assigns, shall be binding upon Developer, its
successors and assigns and successors in interest: and may be enforced by the City and its
successors and assigns. Developer hereby declares its understanding and intent that the burden
of the covenants set forth herein touch and concern the land by enhancing and increasing the
enjoyment and use of the Property, and by furthering the public purposes of the City.
3.10 Attorney's Fees. Should either party bring a legal action for the purpose of
protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall
be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of
suit, including expert witness fees.
3.11 Governinq Law. This Agreement shall be governed by the internal laws of the State
of California, without regard to conflict of law matters. Venue shall be in Riverside County.
3.12 Headinqs. Section headings contained in this Agreement are for convenience only
and shall not have an effect in the construction or interpretation of any provision.
882/0318s8-0003
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3.13 Entire Aqreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings
or agreements, either written or oral, express or implied. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision.
lN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year
first above written.
CITY OF TVIENIFEE
a California municipal corporation
By:
1r.X,>,-
M ayor (f i [p} ^
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Attest
DIAMOND BROTHERS FIVE
PARTNERSHIP, LP
a California Limited Partnership
Geo iao-Tu
By:
By.
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882/0318s8-0003
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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 L,s ln
hq,rst*h, ?-o z,before me,0rn'r} 7ol"h
--tl
On
t'
Notary Public, personally appeared
(insert name and title of the officer)
G"ont C [.iro - T..,,-g g[a-s \--'
, who proved to me on the basis of satisfactory evidence to be the person(r) whose
name(r) is/are subscribed to the within instrument and acknowledged to me that
he/sM/theV executed the same in his/her/thCir authorized capacity(iee), and that by
his/hqr/tl"Eir signature(r) on the instrument the person(a), or the entity upon behalf of
which the person(r) 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
C n^r^l-Signatu
882/0318s8-0003
$2A48O3.4 aO7/30120
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(Seal)
ERNEST ZULETA
coMM...2187350
NOTARY PUBLIC.CALIFORI'{IA
LOS ANGELES COUNTY
Toirir Exp, March 20,2021
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EXHIB!T "A''
LEGAL DESCRIPTION OF PROPERry
Exhibit "A"
-1.-
LEGAL DESCRIPTION
FOR TRACT NO. 32102.1ANNEXATION
IN THE CITY OF MENIFEE, COUNW OF RIVERSIDE, STATE OF CAIIFORNIA
THOSE PORTIONS OF PARCEL A AND PARCEL B OF LOT LINE ADJUSTMENT 05227, RECORDED
NOVEMBER 26,2008 AS INSTRUMENT NO. 2008-0627851 OF OFFICIAL RECORDS OF RIVERSIDE COUNW,
STATE OF CALIFORNIA, LOCATED WITHIN THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, SAID PORTIONS BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST OF PARCEL B OF SAID LOT LINE ADJUSTMENT 05221, ALSO BEING ON
THE CENTERLINE OF LINDENBERGER ROAD;
THENCE ALONG THE WEST LINE OF SAID PARCEL B, SAID WEST LINE ALSO BEING THE CENTERLINE OF
LINDENBERGER ROAD, NORTH 00'30'26'' EA'T,2,649.47 FEET TO THE NORTH WESTCORNER OF SAID
PARCEL B:
THENCE SOUTH 89"29'34'' EAST, 5O.OO FEET TO THE EASTERLY RIGHT OF WAY OF LINDENBERGER ROAD;
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 00"30'26" WEST, 282.43 FEET;
THENCE SOUTH 39"52'38'' EAST, 26.24 FEET;
THENCE SOUTH 89"29'32" EAST,77.99 FEET;
THENCE NORTH 51"50'53'' EAST, 32.02 FEET;
THENCE SOUTH 89"29'32'' EAST, 56.00 FEET;
THENCE SOUTH OO"3O'28'' WEST, 74L.82 FEET, TO THE BEGINNING OF TANGENT CURVE CONCAVE CAVE
EASTERLY, HAVING A RADIUS OF 272.OO FEET;
THENCE SOUTHERLY ALONG SAID CURVE 203.69 FEET THROUGH A CENTRAL ANGLE OF 42"54'23'';
THENCE NORTH 7T"23'47" EAST, 105.40 FEET;
THENCE SOUTH 89"01'07'' EAST,39O.OO FEET;
THENCE SOUTH 72"15'OO" EAST, 55.85 FEET;
THENCE NORTH 34"50'OO" EAST, 14.52 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 272.0O FEET;
-THENCE NORTHEASTERLY ALONG SAID CURVE 46.59 FEET THROUGH CENTRAL ANGLE OF 09"48'53'';
THENCE SOUTH 64"58'53" EAST, 56.00 FEET;
THENCE SOUTH 79"49'47" EAST, 126.32FEET;
THENCE SOUTH 34"50'OO'' WEST, 318.47 TEET;
THENCE SOUTH 55"10'OO'' EAST, 176.00 FEET;
THENCE NORTH 34"50'OO'' EAST, 13.11 FEET;
Page L of 3
LEGAT DESCRIPTION
FOR TRACT NO. 32102.1ANNEXATION
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
THENCE SOUTH 55"10'OO" EAST, 283.81 FEET;
THENCE SOUTH 64"08'2T" EAST, 57.71 FEET;
THENCE SOUTH 55"].0'OO'' EAST,61.24 FEET;
THENCE SOUTH 5]."40'OO" WEST, 17.85 FEET;
THENCE SOUTH 36"37'26" WEST, T1.6.62 FEET;
THENCE NORTH 75"10'OO'' WEST, 5.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 48.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 75"08'07''
WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE 33.48 FEET, THROUGH A CENTRAL ANGLE OF 39"58'07'';
THENCE SOUTH 35"10'OO'' EAST, 33.12 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF
DOMENIGONI PARKWAY;
THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 794.48 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 85"22'56'' WESI 58.84 FEET TO THE
NORTHEASTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD;
THENCE NORTHWESTERLY ALONG SAID LINE NORTH 55"37'51" WEST, 440.39 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 811.53 FEET TO WHICH A
RADIAL LINE BEARS NORTH 32"47'27'' EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE 619.36 FEEI THROUGH A CENTRAL ANGLE OF 43"43'40"
TO THE EASTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD;
THENCE SOUTH ALONG SAID RIGHT OF WAY LINE SOUTH 00"30'26" WEST, 767.47 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,150.00
FEET, TO WHICH A RADIAL LINE BEARS NORTH 66"26'05'' EAST TO THE WESTERLY RIGHT OF WAY LINE
OF LINDENBERGER ROAD;
THENCE SOUTHEASTERLY ALONG SAID CURVE 330.93 FEET, THROUGH A CENTRAL ANGLE OF 76"29'15";
THENCE SOUTH 07"51'57" EAST, 5.75 FEET;
THENCE SOUTH 36"16'47" EAST,93.88 FEET;
THENCE SOUTH 78"08'03" EAST, 24.84 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 1,150.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 44"03'10'' EAST
Page 2 of 3
LEGAL DESCR!PTION
FOR TRACT NO. 32102-l ANNEXATION
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNTA
AND ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD;
THENCE SOUTHEASTERLY ALONG SAtD CURVE, !52.93 FEEI THROUGH A CENTRAL ANGLE OF
07"37',70";
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 53"34'OO" EAST 104.22 FEET;
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 55"37'26" EAST, 259.88 FEET;
THENCE SOUTH 07"03'02'' EASI 45.28 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF
DOMENIGONI PARKWAY;
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 639.79 FEET TO THE SOUTHERLY
LINE OF PARCEL B OF SAID LOT LINE ADJUSTMENT;
THENCE ALONG SAID SOUTH LINE, NORTH 89"18'52'' WEST, 374.82 FEET TO THE POINT OF
BEGINNING.
CONTAINING 43.630 ACRES, MORE OR LESS.
PREPARED UNDER MY SUPERVISION
a/r/zoza
ROBERT SCIPIOBLUME, P.1.S.9154 DATE
No. 9154
Exp. 3/31/21
SCI
e
o-
CAL
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LEGAT DESCRIPTION
FOR TRACT MAP NO. 32IO2 ANNEXATION
IN THE CIW OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
THOSE PORTIONS OF PARCEL A AND PARCEL B OF LOT LINE ADJUSTMENT 0522L, RECORDED NOVEMBER
26,2008 AS INSTRUMENT NO. 2008-0627581TOGETHER WITH A PORTION OF PARCEL 4 OF LOT LINE
ADJUSTMENT 4874, RECORDED JUNE 24, 2OO5 AS INSTRUMENT NO. 2005.0501831 BOTH OFFICIAL
RECORDS OF RIVERSIDE COUNW, STATE OF CALIFORNIA LOCATED WITHIN THE EAST HALF OF SECTION
36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, SAID PORTIONS BEING
DESCRIBED AS FOLLOWS:
COMENCING AT THE NORTHWEST CORNER OF PARCEL B OF SAID LOT LINE ADJUSTMENT NO. 2OO8-
062758L, SAtD CORNER ALSO BETNG ON THE CENTERLTNE OF LTNDENBERGER ROAD (50 FEET HALF
wrDTH);
THENCE SOUTH 89"29'34" EAST 5O.OO FEET ALONG THE NORTH LINE OF SAID PARCEL B SOUTH TO THE
EASTERLY RIGHT OF WAY LINE OF LINDENBERGER ALSO TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL B AND THE NORTH LINE OF SAID
PARCEL A, SOUTH 89"01'07" EAST 1,263.36 FEET;
THENCE ALONG THE WEST LINE OF SAID PARCEL B AND THE WEST LINE OF PARCEL 4 OF LOT LINE
ADJUSTMENT NO. 2005-0501831 NORTH 00"32',58" EASI 325.23 FEET;
THENCE SOUTH 80'07'02'' EAST, 449.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
EASTERLY, HAVING A RADIUS OF 1,2OO.OO FEET;
THENCE SOUTHERLY ALONG SAID CURVE ,822,39 FEET THROUGH A CENTRAL ANGLE OF 39"15'58'';
THENCE SOUTH 29"23'OO'' EAST, 81.13 FEET TO THE BEGINNING OF A NON.TANGENT CURVE CONCAVE
SOUTH EASTERLY ON THE RIGHT OF WAY OF DOMENGONI PARKWAY, HAVING A RADIUS OF 2,076 FEET,
TO WHICH A RADIAL LINE BEARS NORTH 32"I6'L7" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE OF THE RIGHT OF WAY, 846.15 FEET THROUGH A
CENTRAL ANGLE OF 23"2L'10";
THENCE CONTINUING ALONG RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 125.85 FEET;
THENCE NORTH 35"].0'OO'' WEST, 33.12 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 48.00 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 35"10'OO" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE, 33.48 FEET, THROUGH A CENTRAL ANGLE OF 39'58'07'';
THENCE SOUTH 75"].0'OO'' EAST, 5.73 FEET;
THENCE NORTH 36"37'26" EAST, 116.62FEET;
Page 1 of 3
LEGAL DESCR!PTION
FOR TRACT MAP NO. 32IO2 ANNEXATION
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
THENCE NORTH 5]-"40'OO" EAST, 17.85 FEET;
THENCE NORTH 55"]-O'OO'' WEST, 6I.24FEET;
THENCE NORTH 64"O8'2L" WEST, 57.7L FEET;
THENCE NORTH 55"10'OO" WEST,283.81 FEET;
THENCE SOUTH 34"50'OO" WEST, 13.11 FEET;
THENCE NORTH 55"].0'OO" WEST, 176.00 FEET;
THENCE NORTH 34"50'OO'' EAST,318.47 FEEI;
THENCE NORTH 79"49'47" WEST, L26.32 FEET;
THENCE NORTH 54"58'53'' WEST, 56.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 272.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 64"58'53"
WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE ,46,59 FEET THROUGH A CENTRAL ANGLE OF 09"48'53'';
THENCE SOUTH 34"50'OO'' WEST, T4.52 TEET;
THENCE NORTH 72"].5'OO'' WEST,55.85 FEET;
THENCE NORTH 89"01'07'' WEST,39O.OO FEET;
THENCE SOUTH 7T"23'47" WEST, 1.05.40 FEET TO THE BEGININNING OF A NON-TANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 272.OO FEET TO WHICH A RADIAL LINE BEARS NORTH
47"36'05" EAST;
THENCE NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 203.69 FEET THROUGH A CENTRAL
ANGLE OF 42"54'23";
THENCE NORTH OO"3O'28'' EAST, 141.82 FEET;
THENCE NORTH 89"29'32" WEST, 56.00 FEET;
THENCE SOUTH 51'50'53'' WEST, 32.O2FEET;
THENCE NORTH 89"29'32" WEST,78.00 FEET;
THENCE NORTH 39"5L'24" WEST, 26.25 FEET TO THE EASTERLY RIGHT OF WAY LINE OF LINDENBERGER
ROAD (50 FEET HALF-WTDTH);
THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, NORTH OO"3O'28" EAST, 282.41 FEET TO THE
TRUE POINT OF BEGINNING
Page 2 of 3
LEGAL DESCRIPTION
FOR TRACT MAP NO. 32102 ANNEXATION
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
CONTAINING 32.815 ACRES, MORE OR LESS.
PREPARED UNDER MY SUPERVISION
e/efo*
ROBERT SCIPIOBLUME, P.1.S.9154 DATE
No. 9154
Exp.3/31/21
SC
CA
L
o_
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