2022/07/21 County of Riverside Transfer Agreement between the County of Riverside and City of Menifee - 28798 La Piedra Rd, Menifee CA apn 364-152-034 - not fully executed - sent to the county on 8/5/2022TRANSFER AGREEMENT
BY AND BETWEEN
THE COUNTY OF RIVERSIDE
AND
THE CITY OF MENIFEE
This TRANSFER AGREEMENT ("Agreement") is made and effective on, 2022 ("Effective Date") by and between the County of
Riverside ('COUNTY"), a political subdivision of the State of California, and the City of
Menifee ('CITY'), a California municipal corporation. COUNTY and CITY may
sometimes hereinafter collectively be referred to as the "PARTIES".
RECITALS
WHEREAS, the COUNTY is the owner of a vacant property consisting of
approximately 2.32 acres adjacent to the Menifee Library located at 28798 La Piedra
Road, Menifee, CA 92584, identified as a portion of Assessor's Parcel Number 364-152-
034, as more particularly described in Exhibit "A" and depicted in Exhibit "B" attached
hereto and made apart hereof, located in the City of Menifee, State of California (the
"Property");
WHEREAS, the Board of Supervisors of the County of Riverside has determined
the Property is not required for use by the COUNTY;
WHEREAS, the COUNTY and CITY desire to enter into this Agreement to
provide the terms and conditions for the conveyance of the Property from the COUNTY
to the CITY; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the PARTIES hereby agree as follows:
AGREEMENT
1. Transfer of the Property. Within sixty (60) days of full execution of this
Agreement, and for the consideration described herein, COUNTY shall convey and
transfer to CITY the fee title to the Property substantially in the form of the Quitclaim
Deed ("Deed") attached hereto as Exhibit "C" and by this reference incorporated herein.
The transfer of the Property ("Transfer'') shall be consummated pursuant to the terms
and conditions of this Agreement.
WHEREAS, pursuant to Government Code section 25365, the County may
transfer real property, or any interest therein, belonging to the County to a city upon the
terms and conditions as agreed upon and without complying with any other provisions
of the California Government Code, if the property or interest therein to be conveyed is
not required for County use;
2. PROPERTY TRANSFERED IN "AS.IS" CONDITION.2.1 CITY acknowledges that the Property is being transferred in its "as-is"
condition, as of the date of this Agreement, without warranty, and that COUNTY is not
responsible for making corrections or repairs of any nature to the Property. CITY further
acknowledges that COUNTY has made no representations or warranties regarding the
Property, including, but not limited to, the following:
A. Property lines and boundaries;
B. Square footage, and lot size;
C. Type, size, adequacy, capacity, and condition of sewer systems
and components;
D. Possible absence of required governmental permits, inspections,
certificates, or other determinations affecting the Property;
E. Limitations, restrictions, and requirements affecting the use of the
Property, future development, zoning, building, and size;
F. Governmental restrictions which may limit the amount of rent that
can lawfully be charged and/or the maximum number of persons
who can lawfully occupy the Property;
G. Water and utility availability and use restrictions;
H. Potentialenvironmental hazards, including asbestos, formaldehyde,
radon, methane, other gases, lead-based paint, other lead
contamination, fuel or chemical storage tanks, contaminated soil or
water, hazardous waste, waste disposal sites, electromagnetic
fields, nuclear sources, and other substances, materials, products,
or conditions;
l. Neighborhood or area conditions, including schools, proximity and
adequacy of law enforcement, proximity to commercial, industrial,
or agricultural activities, crime statistics, fire protection, other
governmental services, existing and proposed transportation,
construction, and development which may affect noise, view, or
traffic, airport noise, noise or odor from any source, wild and
domestic animals, or other nuisances, hazards, or circumstances;
J. Geologic/seismic conditions, soil and terrain stability, suitability, and
drainage; and
K. Conditions and influences of significance to certain cultures andior
religions, and personal needs, requirements, and preferences of
CITY.
2.2 CITY represents and warrants to COUNTY that CITY and/or CITY'S
representatives and employees have made their own independent inspections,
investigations, tests, surveys, and other studies of the Property and agrees to accept
the Property in their "as-is" condition.
3. Closing Date. This transaction set forth in this Agreement shall close when the
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PARTIES have timely performed their respective obligations within Sixty (60) days
following the full approval and execution of this Agreement ("Closing Date").
4. COUNTY's Obligations and Conditions Precedent to Close of this
Transaction. For the benefit of the CITY, the Transfer shall be conditioned upon the
timely performance by COUNTY of all obligations that are required, by the terms of this
Agreement, to be satisfied by COUNTY in order for the Transfer to take place.
5. CITY's Obligations and Conditions Precedent to Close of this Transaction.
For the benefit of COUNTY, the Transfer shall be conditioned upon the timely
performance by CITY of all obligations that are required, by the terms of this
Agreement, to be satisfied by CITY in order for the Transfer to take place.
6. Mutual Obligations. The terms and conditions of this Agreement are part of the
consideration and material to the Transfer of the Property. The PARTIES shall be due
the benefit of the consideration and rights created herein until such time full
performance of the all the obligations is complete.
7 . Cooperation. The PARTIES agree to cooperate with each other in the
implementation of this Agreement and perform any and all acts necessary to carry out
the intent of the Transfer. Without limiting the foregoing, the PARTIES agree to provide
necessary approvals, and execute, acknowledge, and deliver any and all additional
papers, documents and other assurances as may be necessary to carry out the intent of
the Agreement. The PARTIES intend that execution and delivery of the Deed by the
COUNTY to the CITY will occur within the times described in Section 3 herein and after
the PARTIES have performed all the necessary activities to proceed with the Transfer,
including having obtained authorization from their respective governing bodies.
8. Notice. Any notice to be given or other document(s) to be delivered to either
party by the other hereunder may be delivered in person or may be deposited in the
United States Mail in the State of California, duly registered or certified, with postage
prepaid, and addressed as follows:
lf to the CITY:
County of Riverside
Facilities Management
Deputy Director of Real Estate
3450 14th Street, Suite 200
Riverside, CA. 92501
City of Menifee
Deputy City Engineer
29844 Haun Road
Menifee, CA 92586
9. Conflict of lnterest. No member, official or employee of the COUNTY or the
CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any
such member, official or employee participate in any decision relating to this Agreement
which affects his or her personal interests or the interest of any corporation, partnership
3
lf to the COUNTY:
or association in which he or she is directly or indirectly interested.
10. No Third-Party Beneficiaries. This Agreement is made and entered into for the
sole interests and benefit of the PARTIES hereto. No other person or entity shall have
any right of action based upon the provisions of this Agreement.
11. Assignment. This Agreement shall not be assigned by either Party, either in
whole or in part, without the prior written consent of the non-assigning Party. Any
assignment or purported assignment of this Agreement without the prior written consent
of the non-assigning Party will be deemed void and of no force or effect.
12. Governing Law and Jurisdiction. The PARTIES agree that in the exercise of
this Agreement, the PARTIES shall comply with all applicable federal, state, county and
local laws, and regulations in connection with this transaction. The existence, validity,
construction, operation and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the State of California. Any action at
law or in equity brought by either of the PARTIES hereto for the purpose of enforcing a
right or rights provided for by this Agreement shall be tried in a court of competent
jurisdiction in the County of Riverside, State of California, and the PARTIES hereby
waive all provisions of law providing for a change of venue in such proceedings to any
other county.
'13. Paragraph Titles. The paragraph titles of this Agreement are (i) inserted only for
the convenience of the PARTIES, (ii) are not intended to describe, define, limit, or
otherwise affect the provisions in the portions of the Agreement to which they pertain,
and (iii) in no way describe, define, limit, or othenivise affect the scope or intent of this
Agreement or in any way affect the agreement of the PARTIES set out in this
Agreement.
15. Entire Agreement. This Agreement embodies the entire agreement between
the PARTIES hereto in relation to the subject matter hereof, and no other agreement or
understanding, verbal or otherwise, relative to this subject matter exists between the
PARTIES at the time of execution of this Agreement. This Agreement may only be
modified or amended by the mutual consent of the PARTIES in writing.
16. Authority to Execute. The individuals executing this Agreement and the
instruments referenced herein each represent and warrant that they have the legal
power, right and actual authority to bind their respective PARTIES to the terms and
conditions hereof and thereof.
17. Counterparts. The PARTIES may execute duplicate originals (counterparts) of
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14. Ambiguities. Each party and its counsel have participated fully in the review
and revision of this Agreement. Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not be applied in interpreting this
Agreement.
the Agreement or any other documents that they are required to sign or furnish pursuant
to the Agreement.
18. Survival. The rights and obligations created by this Agreement shall survive the
consummation of transfer of the Property until full performance of the respective
obligations under this Agreement have been performed by the PARTIES.
[Signature Provisions on Following Page]
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'19. This Agreement will be null and void if not duly approved and executed by both
PARTIES.
lN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as
of the date and year first written above.
COUNTY OF RIVERSIDE, a
political subdivision of the State of
California
Jeff Hewitt, Chair
Board of Supervisors
ATTEST:
CLERK OF THE BOARD
Kecia R. Harper
By:
Deputy
APPROVED AS TO FORM:
County Counsel
By
Deputy County Counsel
DC:sd05052022/41 5FN4/30 733
CITY OF MENIFEE, A
California municipal corporation
By:
City Manag I
ATTEST:
ACTING CITY CLERK
Stephanie Roseen
APPROVED AS TO FORM
By:
. Melching,
City ttorney
6
By:
EXHIBIT "A and B"
LEGAL DESCRIPTION AND PLAT MAP OF PROPERTY
[aftached behind this page]
EXHIBIT..A"
LEGAL DESCRIPTION
LECAL DESCNPTION
PARCI]L 2
THAT PORTION OF SECTION 2, TO\INSHIP 6 SOUTH, RANGE .] WEST, SAN BERNARDINO
BASELINE AND MERIDIAN, I-OCATED IN THE CITY OF MENIFEE, RIVERSIDE COUNTY,
CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS;
COMMENCING AT A POINT BEING THE NORTHWEST CORNER OF LOT I83 AS SHOWN BY
MAP ON I;ILE IN BOOK I9I OF PARCEL MAPS AT PAGES 60 THROUGH 70 INCLUSIVE
THEREOF, RECORDS OF RIVERSIDE COUN-TY. CALIFORNIA SAID POTNT ALSO BETNC THE
TRUE POINT OF BEGNNING;
THENCE ALONG SAID NORTHERLY LINE SOUTHEASTERLY SOUTH 5I?9'32" EAST, A
DISTANCE OF 252.29;
TEENCE LEAVING SAID NORTHERLY LINE SOUTHWESTERLY SOUTH 38"30'28" WEST, A
DISTANCE OF 73,67 FEET:
TEENCE SOUTHEASTERLY SOUTH 52"57'35" EAST. A DISTANCE OF 4I .57 FEET:
THENCE SOUTHWESTERLY SOUTH 37'02'25" WEST, 14I ,21 FEET
THf,NCE SOUTHEASTERLY SOUTII52"57'35" EAST, I?-99 FEET;
THENCE SOUTHWESTERLY SOUTH 37\2'25" WEST, 143.74 FEET TO A POINT, SAID POINT
ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY OF LA PIEDRA ROAD, (44.00
FOOT HALF WIDTH AS SHOWN ON SAID MAp) SAID pOtNT ALSO BEING ON A NONTANGENT
CURVE, CONCAVE WESTERLY WITH A RADIUS OF 8O4.OO FEEI., PASSING THROUGH A
CENTRAL ANGLE OF IO'52'30, WITH A RADIAL BEARING OF NORTH IE"26'I5'' EAST;
THENCE ALONG SA]D NORTHERLY RIGHT OF WAY CURVE A DISTANCE OF 152.60 FEET,
TO A POINT WITH A RADIAL BEARING OF NORTH 07"33'45" EAST, SAID POINT ALSO BEING
THE SOUTHWEST CORNER CUTBACK OF SAID LOT ] E]:
THENCE LEAVING SAID CURVE NORTHWESTERLY NORTH 40'54'04" WEST, A DISTANCE
OF 3I.97 FEET, TO A POINT, SAID POINT ALSO BETNC ON THE EASTERLY RIGHT OF WAY OF
BAYPORT LANE, (38.00 FOOT HALF WIDTH AS SHOWN ON SAID MAP);
TIIENCE NORTHEASTERLY NORTH 03"15'48'' EAST A DISTANCE OF 67.33 FEET. TO THE
BECINNING OF A TANGENT CURVE, CONCAVE EASTERLY, WITH A RADIUS OF 562.00 FEET,
PASSINC THROUGH A CENTRAL ANCLE OF 02'43'16" WITH A RADIAL BEARING OF NORTII
86"44't2" WEST;
THENCE ALONG SAID CURVE A DISTANCE OF 26.69 FEET TO A POINT, SAID POINT HAVINC
A RADIAL BEARING OF NORTH 84"00'56'' WEST:
SIIEET I OF 2
THENCE LEAVING SAID CLIRVE NORTHEASTERLY NORTH 05"59'04" EAST, A DISTANCE OF
?3,24 FEET, TO A POINT, SAID POINT ALSO BEINO THE BECINNING OF A TANGENT CURVE
CONCAVE EASTERLY. WITH A RADIUS OF 5IO,5O FEET, PASSTNG THROUOH A CENTRAL
ANGLE OF 24'I7'I3" WITH A RADIAL BEARING OF NORTH 84"00'56" WEST;
THENCE ALONC SAID CURVE A DISTANCE OF 216 40 TO A POINT. SAID POINT ALSO BEING
THE END OF SAID CURVE TO A POINT WITH A RADIAL BEARING OFNORTH 59'4]'43'WEST,
AND BECINNING OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF 567.00 FEET
PASSINC THROUGH A CENI'RAL ANGLE OF 06'50'48", WITH A RADIAL BEARING OF NORTH
59'43',43" WEST:
THENCE ALONG SAID CURVE A DISTANCE OF 67.75 FEET, TO A POINT WITH A RADIAL
BEARING OF NORTH 52'27" WEST,
TEENCE LEAVING SAID CURVE NORTHEASTERLY NORTH 37"0?'06" EAST A DISTANCE OF
I2.63 FEET TO A POINT, SAID POINT ALSO BEING THE BEGINNING OF A CURVE. CONCAVE
EASTERLY, WITH A RADIUS OF 3OO.OO FEET, PASSING THROUGH A CENTRAL ANGLE OF
05"43'55" WITH A RADIAL BEARTNG OF NORTH 52"52'27'' WEST;
TBENCE ALONG SAID CURVE A DISTANCE OF 38.77 FEET TO A POINT WITH A RADIAL
BEARINC OF NOR]'H 56056'24'' WEST SAID POINT ALSO BEING TIIE TRUE POINT OF
BEGINNING,
CONTAINING 2.32 ACRES MORE OR LESS
SUBJECT TO COVENANTS, CONDITIONS. RESTRICTIONS. RESERVATIONS, EASEMENTS,
AND RICHTS-OF-WAY OF RECORD, IF ANY,
SEE EXIIIBIT "B" ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART THEREOF
THIS REAL PROPERry DESCRIPTION HAS BEEN PREPARED BY ME, OR TJNDER MY
DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
DATE: 8-5-2021
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6/6/2022
CITY OF MENIFEE, CA
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EXHIBIT "C'
OUITCLAIM DEED
Recorded at request of and return to
City of Menifee
Oeputy City Engineer
29844 Haun Road
Menifee. CA 92586
FREE RECORDING
This instrument is lor the benetit of
the City of Menifee, and is
entitled to be recorded without fee.
(Govt. Code 6103)
(Space above this line reserved for Recorder's use)
PROJECT: City of MenifeeAPN(s): A Portion of 364-152-034
QUITCLAITV DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt and adequacy of which are
hereby acknowledged,
COUNTY OF RIVERSIDE, a political subdivision of the State of California,
does hereby remise, release and forever quitclaim to the CITY OF MENIFEE, a
municipal corporation, the fee simple interest in real property in the County of Riverside,
State of California, as more particularly described as:
See Exhibit "A and B" attached hereto
and made a part hereof
Dated GRANTOR:
COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Jeff Hewitt, Chair
Board of Supervisors
ATTEST:
Kecia R. Harper
Clerk of the Board
City of Menifee
Certificate of Acceptance
By:
By: