Loading...
2020/03/09 Easement Temporary Construction Easement with Sasan Alishahi and Elizabeth Alishahi'Commonwealth Land Tifle Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Menifee Ath: City C1erk 29844 Haun Road Menifee, CA92586 Qzo z DOC # 2020-0108162 O3lOgl202O 12:05 PM Fees: $0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder "This document was electronically submilted to the County of Riverside for recording" Receipted byr ALYCIA #778 (Space above line for Recorder's use only) The undertighed declares thot thb docurnent is recorded al the requesr o/and for the beneJir ofthe City of Menifee and is therefore exetupt Irom the payme of the recording leepursuant to Govemnent Code $ 6103 and $ 27j83 and from pqyment ofthe documentary tradsler tax pufiuanl to Reyenue dnd l'axation Code $ I 1922.-fTr {0,oo GRANT OF EASEMENT (Iemporary Construction Easement) This GRANT oF TEMPORARY coNsrRUCTIoN EASEMENT is made this 22nd day of Januarv 2020, by and between SASAN LIU ALISHAHI AND ELIZABETH RAMos ARIAS ALISHAHI, HUSBAND AND WIFE AS JOINT TENANTS (..Grantors,,), and the CITy OF MENIFEE, a Califomia muricipal corporation ("City,,). APN: 372-014-005-tfA{l:02r0- 030 For valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby GRANT unto city, its successors and assigns, a TEMI'oRARy CONSTRUCTION EASEMENT in, over, under and across the real property in the county of NVERSIDE, state of califomia deseribed 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 ehsement which permits the City ofMenifee, and its officers, agents, employees, and contractors, to enter upon, over, under, along, and across the l'emporary construction Easement Area, consisting of approximately 1,063 square feet, as deemed reasonably necessary for all purposes incidental to the construction ofthe Project (the "Project"). This Temporary construcrion Easement shall include the right to perform within the Temporary construction Easement Arca, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation ofprivate drainage facilities; and deposit oftools, 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 'Commonwealth Land Tifle Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Menifee Attn: City Clerk 29844 Haun Road Menifee, CA92586 Ql^o z APN: 372-014-005-rfrf{: 020- 0?o (Space above line for Recorder's use only) The undersigned declares lhat lhis document is recorded at the request ofand for the beneft ofthe City ol Mendee aid is therefore exempt from the paynent ofthe recordiag fee pursuant to Govethnlent Code $ 6103 and $ 27383 and from payment ofthe documenlary transfer td\ putsrant lo Revenue and Tarution Code $ I 1922.-ftx {0,oo This GRANT OF TEMPORARY CONSTRUCTION EASEMENT is made this 22nd day of January 2020, by and between SASAN LIU ALISHAHI AND ELIZABETH RAMOS ARIAS ALISHAHI, HUSBAND AND WIFE AS JOINT TENANTS ("Grantors"), and the CITY OF MENIFEE, a Califomia municipal corporation ("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 property 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 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 1,063 square feet, as deemed reasonably necessary for all purposes incidenlal 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; earlh fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation ofprivate drainage facilities; and deposit oftools, 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 GRANT OF EASEMENT (Temporary Construction Easement) materials or park any vehicles which are not incidental 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 property of which the Temporary Construction Easement Area is a part ("Grantors' 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 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. Ifany portion ofGrantors' Property outside ofthe 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 ofthirty (30) months beginning on the date that is thirty (30) days following written notice from City to Grantor's ofthe activation ofthe 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 ofthe 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 ofthe rights hereunder, consistent with the improvements to be constructed by the Project. SF],[, EXHIBIT "A" and "8" ATTACHED HEREI'O AND MADII P T HEREOF. IN WITNESS WHEREOF, Grantors' and City have executed this Grant of Easement as of the date first set forth above. Sasan Liu Alishahi and Elizabeth Ramos Arias Alishahi, Husband and Wife as Joint Tenants By: Name Its: LiL ALrSh4. Darc:l->o '-&a K4r-kgLE-bettr?".\l1cr:Qa,qsAlta\an, Its: t2Date: I /c By: Name: I ACKNOWLEDGEMENl' A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calil'ornia County of Riverside On L2 / t'7 / 2ot9 2019, before me, Tirnellly B. I4sqlegq, Notary Public, personally appeared sasan Liu Alishahi 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,trerltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich 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. TITOTHY R. Ir(CLOIJD Not ry Publk ' C.lifornla Riv.ride Colnty Comrnirrion # 2210910 ty Co,nrn. t&ker Oe( 14, 2022 S ignature (Scal) ) ) WITNESS my hand and official seal.@ A('KNOWLED(ihMlrN'l' A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. State of California County of Riverside On L2/t7 /2oL9 2019, before me, TrTnegII_ x. l,l!!leeq, Notary Public, personally appeared ElizabeLh Ramos Arias Alishahi , 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 hisiher/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalfofwhich 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.nxorrY R. nccLouD Not ry Public - Californi! Riverride County Commiliioo ,22709i0 lty Cornm. Erphe5 D.r t,{, 2022 Signature ( Sca l) ) ) WITNESS my hand and official seal. r An easement for temporary construction purposes and incidents thereto in and to that portion of Lot 85 of Tract Map No. 22390 recorded in Map Book 188, Pages 29 through 34, inclusive, in the Office of the County Recorder of Riverside County, in the City of Menifee, County of Riverside, State of California, more particularly described as follows: Commencing at the northwest comer of said Section I l, Township 6 South, Range 3 West, San Bemardino Meridian, said point monumented with a 3" brass disk, 0.4 feet below the surface within the Right of Way of Interstate 215; Thence South 89'33'18" East (South 89'33'06" East per saidTract Map) along the northerly boundary of said Section I I , a distance of 8 I 3. 12 feet; Thence South 00'26'42" West, perpendicular to said northerly boundary, a distance of 50.00 feet to the southerly Right of Way of Holland Road (50.00 feet half width); Thence South 89o33' I 8" East, along said southerly Right of Way, a distance of 259.98 feet to the northwest corner of said Lot 85 and the True Point of Beginning; Thence continuing South 89'33'18" East, aiong said southerly Right of Way, a distance of 103.76 feet to the northeast comer of said Lot 85; Thence South 07'55'38" East (South 07'55'26" East per said Tract Map), along said easterly boundary of said Lot 85, a distance of I 0. I I feet; Thence North 89'33'18" West a distance of 108.69 feet to the westerly boundary ofsaid Lot 85; Page I of2 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT SASAN L. & ELIZABETH R.A. ALISHAHI Parcel 372-014-005-l LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Thence North 19"30'41" East (North 19'30'53" East per said Tract Map), along said westerly boundary, a distance of 10.58 feet to the True Point of Beginning. See Exhibit "B" attached hereto and made a part hereof. The bearings and distances shown in the above description are on the Califomia Coordinate System of 1983 (2007),Zone 6. Divide distances in the above description by 0.999907542 to obtain ground distanccs. This real property description has been prepared by me, or under my directi formance with the Professional [,and Surveyors' Act. Jo C. Bentley, P.L.S.3 c 1 LANO ** Page 2 of 2 EXHIBIT "A'' Containing 1,063 square feet more or less. No.7223 tr F rn xtrl SASAN L. & ELIZABETH R.A. ALISHAHI TEMPORARY CONSTRUCTION EASEMENT 372-014-005-l x,I IO SCTLE rttr rt Iln lott Ittt a CITY COUNTY OF MENIFEE OF RIVERSIDB P ARCEL 372-014-005-1 o oE. Ul(L t L! Lr-.1+ z.L! ALBION LANE (TCE) o oE z.f, rr) N t-dFE HO --lo Cfr;o E--l I ot-- LANDI t WILLOWOOD WAY FRUITWOOD DR. LARCHWOOD ST. LJz. J G UJ oz 2 : CQ F cEl rJ-.XrI] IOIES All dis+onces ore in feet unlessofherwise noted, EASEMENT AREA EXISTING PARCEL LINES POINT OF COMMENCEMENT ]RUE POINl OF BEG ]NN ING TEMP. CONSTRUCT]ON E ASE MENT PERMANENT MAINTENANCE EASE. PERMANENT UTILITY EASEMENT RIGHT OF WAY r* T POB TCE PME PUE R/W SAS.,Ij\- L. & ELIZABETH RA. ALISIIAIII TEMPORARY CONSTRUCTION EASEMENT PARCEL 3 72 -014-005- I EXHIBIT "B'' mt ro scALE t6tr, fair!o|lratct GqtrrlE rt 3tr rl TII B I COUNfi+" 8f;' ^I.BOT LA}IE EASEMENT AREA= 1063 5.F, 3 @ n1 TAIL BELOW I o INF J UJ CJx L ()oII rt l 55 r,tr)r-ft a0 o tr)zo 0-'<alEEIhl o-c) o- 1-ae t B z TCE -Exist R./W (D =G (oF (J Lr.l t t_JzE.oO =z O\Q ,f "r ^${S<) : g o , z 6 s*r LINE DATA TABLE D ISTANCE LI 50.o0'sooo zG'4 z"vt 259.98's89" 33'l 8"E L3 r 03.76's89o 33't B"E L4 10.11'sozo 55'38"E L5 r 08.69'N89C, 33',1 8"W L6 r 0.58'Nr 9o30'4 l "E L7 24.46's0 7" 55'38"E L8 1 I O.02'Nt9o3o'4 l'E L9 r 54.80's4 9" 59'4 8"W i E BoII noB h t-z d L4 LOT TCE --, L 85 1 3 ttCJ,Aro R0L2 LO) DElAIL NOT TO SCALE I\ PARCEL 372-01 4-005- 1 Exist R,/W TCE PM NO. 1259AP.M,E. b9/93 TPOB PARCEL 372-014-005- 1 Ho,LAlo Rl) 3.12' .J MENIFEE RIVERSIDE NO.BE AR ING L? 6lrlr CERTIFICATE OF ACCEPTANCE T!is is to cenify that the interest in real propeny conveyed by the GRANT OF EASEMENT dated .-}.VA),,L{ ZI , 2O@, TOM SASAN LIU ALISHA}II AND ELIZABETH RAMOS ARIAS ALISHAHI. HUSBAND AND WIFE AS JOINT TENANTS 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. /c o(-zz'za Dateathan G. Smith, P.E. rty Engineer, City of Menifee LARRY W. WARD COUNTY OF RIVERSIDE ASSESSOR-COUNTY CLERK-RECORDER Website: \r,,\\ry riversideacr com DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ASSESSOR'S PARCEL NO. 372 -. O14 - O()5 I declare that the documentary transfer tax for this Property Address:28218 Fruitrvood Drive, Menifee, CA transaction is: S 0.00 If this transaction is exempt from Documcntary Transfer Tax, ahe reason must be identified below. I CLAIM THAT THIS TRANSACTION lS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAIJSE: (The Sections listed below, qre token fiom lhe Revenue and TLralion Code Pleose check one ot explain in "Othet".) ANY PERSON WIIO IIIAKES ANY MA'I'ERIAL ]\IISREPRf,SENTATION OF FACT FOR TI IF, PTIRPOSE OF AVOIDING ALL OR ANY PAII'I' OF TIIE DOCTlMENTARY TRANSFER TAX IS CTlII,TI' OI' A ]!IISDE}If,ANOR T]NDER SE(]TION 5 OF ORDINANCf, 516 OT TIIE COTIN'I'Y OT RIVERSIDE AND IS STIBJE(]T TO PROSf,C( II'ION FOR STICH OTFENSE. _ Section I l9l l. The document is a lease fora term oflggqthan thirty-five (35) years ( incrud ins oprion s). _Section ll9l1. The easement is !9j! perpetual, permanent, or for life. _ Section I 1921 . The instrument was given to secure a debt. Section I1922. The conveyance is to a governmental entity or political subdivision. Section I1925. The transfer is between individuals and a legal entity, or between legal entities, and does not change the proportional interests held. _ Section I1926. The instrument is from a trustor to a benefi c iary, in lieuof foreclosure, and no additional consideration was paid. _ Section I 1926. The grantee is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. _ Section 11927. The conveyance relates to a dissolution of marriage or legal separation. _ Section I 1930. The conveyance is an inter vivos gifr.* or a transfer by death. *Please be rwrre that information stated on this document may be giyen to and used by governmental agencies, including the lnternal Revenue Service. Also, certain gifts in excess oftheentrual Federal gift tax exemptiol may trigger a Federal Gift Tsx. In such cases, the Transferor (donor/grantor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revellue Service. _ Section 11930. The conveyance is to the grantor's revocable living trust. _ Other (lnclude explanation and authority) Executed this 9tllJbry-ol \1!rch Ne\tDort Beach- CA I) ) 4 5 6 7 8 9 t0 5 Clommonrvealth Land Title Comoanv Slate Pnnted Name of Amant 4100 Newnort PI-- #120, Newport Beach. CA q266t 949-724-3t',?0 Telephone Numbe. of AI'fiant (rncludrng arca code) .,.}'z-CiB" Adriana Santillan Name of Firm (rf applicable) This form is subject to the Csliforni{ Public Records Act (Governmcnt Code 6250 et. seq.) l_or Recordels Usel Afti\ PCOR Label Here ACR 521P-AS4EXo (Rev. I l/2010)Arailable rn Altemative Formals I DECLARE UNDER PENALTY OF PERJURY THAT TIIE FOREGOING IS TRUE AND CORRECT, 20Lat Recorder P.O. Box 751 RrveBide,CA 92502-0751 (951) 4867000