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2023/08/30 Easement Irrigation Water Pipeline Easement Deed, APN 341-200-0168/30/23, 2:42 PM Batch 16260606 Confirmation RECORDING REQUESTED BY NAME: City of Menifee 29844 Haun Rd. Menifee, CA 92586 WHEN RECORDED MAIL TO: Menifee Union School District NAME: ADDRESS: 29775 Haun Road CITY/STATEIz11" Menitee, CA 92586 DOC # 2023-0256792 08/30/2023 10:18 AM Fees: $0.00 Page 1 of 10 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: KAREN #277 (DOC LNESI WILL ONLY BE RETURNED TO NAIAE & ADDRESS IDENTIFIED AIIOVF1 FOR RECORDER'S USE) Irrigation Water Pipeline Easement Deed (DOCUMENT TITLE) SEPARATE PAGE. PURSUANT TO CA. GOWT. CODE 27361.6 https://gs.secure-erds.com/Batch/Confirmation/16260606 1 /2 8/30123, 2:42 PM Batch 16260606 Confirmation DOC #2023-0256792 Page 2 of 10 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Menifee 29844 Haun Road Menifee, CA 92586 Cc: Menifee Union School District 29775 Haun Road Menitee California 92586 A.P.N. 341-200-016 IRRIGATION WATER PIPELINE EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MENIFEE UNIFIED SCHOOL DISTRICT, a public agency (herein referred to as "Grantor") does hereby grant to the CITY OF MENIFEE, a public agency, (herein referred to as "Grantee") a perpetual non-exclusive reclaimed water pipeline easement in, over, under, upon, above, along and across the land in the City of Menifee, California, described and depicted in Exhibits "A" and "B" attached hereto and incorporated by reference herein ("Easement Area"), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, pipelines, equipment, structures and/or appurtenances (the "Pipeline Structure"). References herein to Grantor and Grantee shall include Grantor's and Grantee's successors in interest. Except as otherwise provided herein, Grantee shall not conduct any activity on or use of the Easement Area that (a) is inconsistent with the purposes of the Easement Deed; (b) interferes with or is harmful to Grantor's facilities, equipment and/or appurtenances (Prohibited Conduct" . In the event Grantor believes Grantee is conducting or is planning to conduct any Prohibited Conduct, Grantor may provide written notice to Grantee describing the Prohibited Conduct and the parties shall meet in good faith to establish conduct that does not constitute Prohibited Conduct while allowing Grantee to exercise the rights and allowable activities set forth herein. Grantor agrees not to use or allow the use of the Easement Area in such a way as Page 1 of 7 https://gs.secure-erds.com/Batch/Confirmation/l6260606 2/2 to impede, harm, or interfere with the Grantee's rights as defined herein or Grantee's facilities, equipment and/or appurtenances. Grantee shall effectuate and pay the costs for removal, repair or restoration of any of the Grantor's materials within the Irrigation Water Pipeline Easement Area made necessary by the activities of the Grantee pursuant to this Easement, including but not limited to, existing landscaping and irrigation or decorative/architectural features, pervious concrete, porous concrete, permeable concrete, no fines concrete, porous pavement, stamped concrete, brick, tile, stone pavers, cobblestone, rock, slate, turf block, walls, monuments or other decorative/architectural material in place at the time this Easement Deed is executed (the "Current Property Conditions"). Grantor shall not take any action, or create any condition, that prohibits, prevents or otherwise impedes Grantee from exercising its rights pursuant to this Agreement, which includes any action that prevents Grantee from installing, maintaining, and repairing the Pipeline Structure. Once Grantee installs the Pipeline Structure, Grantor shall not take any action that will alter the Current Property Conditions in such a way that prohibits or prevents Grantee from exercising the rights granted to Grantee herein. Grantee shall be responsible for the repair and/or replacement of the Current Property Conditions made necessary by Grantee's actions at no cost to Grantor. Grantee shall replace -in -kind when backfilling with dirt, replacing any pavement or concrete sections, irrigation and/or vegetation within that portion of the Easement Area affected by its work. This Irrigation Water Pipeline Easement Deed constitutes the entire agreement between Grantor and Grantee relating to this Irrigation Water Pipeline Easement Deed. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Easement Deed are of no force and effect. Any amendment to this Easement Deed shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. Each party represents and warrants that they have carefully read this Irrigation Water Pipeline Easement Deed, and by signing this document, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Irrigation Water Pipeline Easement Deed, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Easement Deed; and, they have freely signed this Easement Deed without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Irrigation Water Pipeline Easement Deed, and without duress or coercion, whether economic or otherwise. Page 2 of 7 IN WITNESS WHEREOF, the parties hereto have executed this IRRIGATION WATER PIPELINE EASEMENT DEED this 23,d day of August . 2022. Dated: 3 �� ��3 , 292'3 MENIFEE UNION SCHOOL DISTRICT By: Name: Dated:6F,- 1 17 2023 CITY OF MENIFEE B r y: � Name: Q 40 EL Page 3 of 7 I. EASEMENT CONDITIONS A. While exercising grantee's rights under the Easement, grantee may enter upon the Property for purpose of all reasonably necessary and convenient activities associated with the original easement daily from 7AM to 4PM. B. Grantee shall provide written evidence of obtaining all necessary permits and/or approvals with right-of-way agency (i.e., County of Riverside, Caltrans, or City) to perform any work conducted on the grantor Property pursuant to the Easement. C. In the event grantor believes any work performed by grantee on the grantor Property creates a public nuisance or safety concern for the public, the Parties shall meet in good faith to discuss grantor's concerns. D. Grantee shall protect all assets used on the grantor Property at all times during the term of the Easement. E. Grantee shall not stockpile any material on grantor Property. Grantor property will be maintained clean with no safety hazards or attractive nuisances at the end of each workday. F. Grantee shall not perform work on grantor Property between the hours of 4pm and lam, except to address a dangerous condition or other emergency. G. Grantee understands that the Reclaimed Water Line is within an active public park and agrees to immediately protect all areas within and outside the Easement, in the event of any damage caused by grantee's activities related to the Reclaimed Water Line, including but not limited to the protection of the general public by installation of protective fencing or other sufficient barrier for any sink holes, soil erosion, open trenches, flood damage from Reclaimed Water Line, subsidence, or other unsafe condition that could cause injury or incident with the general public caused by grantee's actions. Grantee agrees to always have on -call emergency personnel available to address any potential damage caused by grantee's activities related to the Reclaimed Water Line within four (4) hours of notification. In the event that the grantee does not protect grantor's Property from damage caused by grantee's activities related to the Reclaimed Water Line within the specified time, grantor reserves the right to take action to protect grantor's Property and grantee agrees to pay grantor's actual cost. Nothing in this section shall be construed as making grantee responsible for any damage or threat of damage caused by the acts or omissions of any other party, including grantor and any person or entity hired or invited onto the Properties to complete the Reclaimed Water Line Project, as discussed below. H. Grantee shall be responsible for any damage to grantor Property or property owned by third parties resulting from grantee's activities conducted pursuant to Page 4 of 7 N31'00'20"E 16.77' N76'00'20"E 47.35'� P.O.B.\ N67'09'43"E 37.00' P.O.C. EXHIBIT "B" 9 P.M. P AP3OEL 2269 PM 4 NO. 221113,2 N80'01'05"E 192.56' � r 9 3 2 4 I 2'1 NO. 3132�38 P�M.M q52� P IGEBRU S H LANE � 10' PUBLIC SERVICE EASEMENT S89' 13'23"E �194.46' I� Lu 00 5 6 0 7 � 8 9 PREPARED UNDER MY DIRECTION \ \ BASIS OF BEARINGS THE BEARINGS HEREON ARE BASED ON THE A DREW J. RIE N, P.L.S. CENTERLINE OF AUDIE MURPHY ROAD NORTH AS DATE: 8/31/2022 SHOWN ON PM 32269 FILED IN BOOK 221, PAGES 13-24 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, BEING N22-50'17"W PROPERTY DESCRIPTION ���Np,L LANO sG A POR11ON OF PARCEL 9 OF PM 32269, IN THE h CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE a� o OF CALIFORNIA, AS PER MAP ON FILE IN BOOK y- 3�3! 221, PAGE 13-24 OF MAPS, RECORDS OF RIVERSIDE COUNTY. LEGEND r�gIFNQ g6o� 0��\,r O INDICATES RECORD DATA PER PM 32269 0 6 af SITE w o 0 NOR OF CALF VICINITY MAP INDICATES PUBLIC SERVICE EASEMENT N.T.S. APN: 341-200-016 4,511 SFf SEC. 31, T.5S. R.3W. SBM CITY OF MENIFEE INST. NO DATE. RIVERSIDE COUNTY, CALIFORNIA APPROVALS SCALE: N.T.S PUBLIC SERVICE EASEMENT PROPERTY OF; DRAWN BY: A RECKEN W.O. 77609 MENIFEE UNIFIED SCHOOL DISTRICT ENGINEERING I REAL PROPERTY I DATE: 1 8/31/2022 SHT. 1 OF the Easement or this Agreement, including but not limited to sink holes, soil erosion, open trenches, flood damage from Reclaimed Water Line, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition any of grantor's property, including, but not limited to, fields, roads, utilities, and fences that may be altered, damaged or destroyed in connection with grantee's exercise of the Easement or use of the Easement Area. Grantee shall only be responsible for damage caused solely by grantee's actions on the grantor Property. Grantee agrees to provide seventy-two (72) hour written notice to grantor for non -emergency maintenance work and will coordinate schedules with grantor to work around existing scheduled programmed sports activities unless grantee determines, at its sole discretion, that maintenance or repair work on the Reclaimed Water Line is immediately required. J. Grantee shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements at grantee's sole cost and expense. K. Grantee shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the grantor Property or on any other real property of grantor. L. The Parties shall work together in good faith to coordinate grantee's activities on grantor Property pursuant to the Easement and this Agreement with grantor's use of the grantor Property. However, grantor acknowledges that grantee may require immediate access to grantor Property to address any immediate maintenance or repair concerns. Grantee shall use such routes and follow such procedures on grantor's property as result in the least damage and inconvenience to grantor. It is recognized that driving on turf areas create public safety hazards and shall be prohibited without the exclusive permission provided by grantor at its sole discretion. M. Grantee shall not drive equipment, including motor vehicles, on turf areas. This creates public safety hazards and shall be prohibited without written permission by grantor at its sole discretion. N. While exercising the grantee's rights under the easement, grantee shall take all reasonable precautions to avoid damage to the grantor Property or any improvements thereon. Additionally, areas of work shall be kept clean and precautions in place to keep public out of danger areas. Page 5 of 7 C.O. APN: 341-200-016 GRANTOR: CITY OF MENIFEE EXHIBIT me MENIFEE UNIFIED SCHOOL DISTRICT PUBLIC SERVICE EASEMENT LEGAL DESCRIPTION THAT PORTION OF PARCEL 9 OF PARCEL MAP NO.32269, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 221, PAGES 13 THROUGH 24 OF MAPS, OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 10 FEET WIDE, THE CENTER LINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF AUDIE MURPHY ROAD NORTH AND SAGEBRUSH LANE, AS SHOWN ON PARCEL MAP NO. 31822-1 RECORDED IN BOOK 452, PAGES 32-38 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTER LINE OF AUDIE MURPHY ROAD NORTH, NORTH 22-S0'17" WEST, A DISTANCE OF 142.40 FEET; THENCE LEAVING SAID CENTER LINE, NORTH 67°09'43" EAST, A DISTANCE OF 37.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF AUDIE MURPHY ROAD NORTH, SAID POINT BEING THE POINT OF BEGINNING OF THE CENTER LINE OF SAID STRIP OF LAND; THENCE NORTH 76'00'20" EAST, A DISTANCE OF 47.35 FEET; THENCE NORTH 31000'20" EAST, A DISTANCE OF 16.77 FEET; THENCE NORTH 80001'05" EAST, A DISTANCE OF 192.56 FEET; THENCE SOUTH 89013'23" EAST, A DISTANCE OF 194.46 FEET TO THE EASTERLY LINE OF SAID PARCEL 9; CONTAINING 4,511 SQUARE FEET, MORE OR LESS. Page 6 of 7 EXHIBIT "A": PUBLIC SERVICE EASEMENT APN: 481-020-038 EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. 1-1 ANDREW J. RIECKEN, PLS 9603 Expires: 3-31-2023 DATE: 8-31-2022 Page 7 of 7 �`oN�,l IANp SG ��r OF cm-\5 Q, ANDREW J. RIECKEN, PLS 9603 Expires: 3-31-2023 DATE: 8-31-2022 Page 7 of 7 �`oN�,l IANp SG ��r OF cm-\5 Q, Certificate of Acceptance This is to certify that the interest in real property conveyed by Grant Deed executed on August 23, 2022, March 9, 2023, and April 17, 2023, from MENIFEE UNION SCHOOL DISTRICT, a public agency (herein referred to as "The District") as to a divided interest as described on IRRIGATION WATER PIPELINE EASEMENT DEED, to the CITY OF MENIFEE, a public agency (herein referred to as "The City") is hereby accepted by the undersigned officer or designee on behalf of the pursuant to the authority conferred by The City Council on February 2, 2022, and The City consents to the recordation hereby its duly authorized officer. Dated: -"1 1 z? f 2.7� The City of Menifee, incorporated and existing under the laws of the State of California By: _1� a �Q L Nicolas Fidler, P.E. City Engineer/Director of Public Works Attest: Acting City Clerk, City of Menifee