Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2024/03/19 Easement Public Road and Utility Easement, DED 22-002, 333-040-002, 333-040-003, 333-040-004
3/19/24, 4:51 PM Batch 17164898 Confirmation RETURN TO: CITY OF MENIFEE 29844 Haun Road Menifee, CA. 92586 CERTIFICATE of ACCEPTANCE of EASEMENT (GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY that the interest in real property granted by this easement dated 3//Y / 7- y from,KA Menifee LLC KAASSI International Inc Capital Financial Group Inc., and KZA Inc. to the CITYOF MENIFEE, is hereby accepted for the purpose of vesting title in the CITY OF MENIFEE on behalf of the public for publicroad and utility purposes, and WILL be included into the City Maintained Road System, subject to improvements in accordance with City standards, by the undersigned. Grantee consents to recordation thereof by its duly authorized officer. Da!'3 I I l 14� CITY OF MENIFEE By ALBERTO PAIVA R.C.E. 53534 CITY ENGINEER, CITY OF MENIFEE THIS INSTRUMENT IS FOR THE BENEFIT OF THE CITY OF MENIFEE AND ENTITLED TO BE RECORDED WITHOUT FEE. (GOV. CODE 6103) DTT:O FOR RECORDER'S USE DOC # 2024-0080330 03/19/2024 02:39 PM Fees: $0.00 Page 1 of 11 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: ELENA #443 Project#: DED 22-002 Parcel: APN: 333-040-002 333-040-003, 333-040-004 PUBLIC ROAD & UTILITY EASEMENT KA Menifee, LLC, a California limited liability company, as to an undivided 61.98% interest, Capital Financial Group, Inc., Defined Benefit Pension Plan, as to an undivided 12.67 and 1/3 of one hundredth precent interest, KAASSI International, Inc., Defined Benefit Pension Plan, as to an undivided 12.67 and 1/3 of one hundredth precent interest and KZA Inc., Defined Benefit Pension Plan, as to an as to an undivided 12.67 and 1/3 of one hundredth precent interest, as tenants in common ("Grantor") Grant(s) to the CITY OF MENIFEE, ("Grantee") a municipal corporation, easement and right of way upon, over, under and across the lands hereinafter described, to excavate for, place, construct, repair, replace, change the size of, maintain and use storm drain line and all necessary and proper fixtures, appurtenances, and equipment for use in connection therewith, for the conveyance of stormwater, for all purposes for which it may be used, at such locations and elevations upon, along and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary at any time and from time to time, together with the right of ingress thereto and egress therefrom over said easement and over such other routes as Grantor may specify; provided said routes are practical, across Grantor's land situated in the County of Riverside, State of California, described and referred to herein as the "Property", as follows: SEE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AS DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B" AND MADE A PART HEREOF GRANTOR, its heirs, successors, and assigns shall not erect or construct or permit to be erected or constructed any building, structure, or improvement, or plant any tree or trees, or plant any other vegetation or flora within said easement without the express written approval of the CITY OF MENIFEE as evidenced by the signature of the Director of Community Development on an approved plan. GRANTOR, its heirs, successors, and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement. hftps:Hgs.secure-erds.com/Batch/Confirmation/l 7164898 1 /2 3/19/24, 4:51 PM Batch 17164898 Confirmation DOC #2024-0080330 Page 2 of 11 GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement without obtaining the prior written consent of GRANTEE. GRANTEE may at any time, increase its use of the easement, change the location of facilities within the boundaries of the easement right-of-way, or modify the size of improvements as it may determine in its sole discretion from time to time ,without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR'S heirs, successors, or assigns, shall not increase, or decrease or permit to be increased, or decreased the existing ground elevations of the above -described easement which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration proceeding, administrative proceeding, or litigation in law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions or performance of this easement, the prevailing party shall be entitled to an award of all attorney's fees and the costs of the proceeding, which shall be determined by the court or the presiding officer having authority to make this determination. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the, GRANTOR has executed this Easement this a day of March 2024 SIGNATURE OF RECORDED OWNER(S) MUST BE NOTARIZED OWNER: KA Meni e LLC a California Limited Liability Company By: Dater— (Kaream A. Assi) (Manager) (KA Menifee LLC a California Limited Liability Company) OWNER: KAASSI I ernational Inc. Defined benefit pension trust dated January 1, 2012 By: Date: 3 t y (Kaream A. Assi (Trustee) (KAASSI International Inc. Defined benefit pension trust dated January 1, 2012) OWNER: Capital Financ roup Inc. f_ benefit pension trust dated January 1, 2016 By: Date:�2 on Agahnia) rustee) (Capital Financial Gjoup Inc. Defined benefit pension trust dated January 1, 2016 OWNER: KZA Inca Dofinedheyi6f(k p6nsio_a. cfbted January 1, 2016 By: Date: — ':� I l ,2. 1;L V (KambJE`�iiajr 1 (Trustee) (KZA Inc. Defined benefit pension trust dated January 1, 2016) https://gs.secure-erds.com/Batch/Confirmation/l 7164898 2/2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ii?L;,:�:z.'�a.i�:r��4��,��q�:�.Xf.�+ip�isF3ffE+�.�'t�sL.it�3tfs�t'ii'•.}�,#F3??i34E�3z£�t�+£� s CIVIL CODE § 1189 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 Sn n l c, 0 On 1 1�0.TG�1 �- `Z o a before me, U rl 4pn Date Here Insert Name and Title of th fficer personally appeared of Signer(s) who proved to me on We 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/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 04�,-* MYRIAM MILLE Notary Public • California San Diego County -Commission ; 2400889 y Comm. Expires May 12, 2026 Place Notary Seal and/or Stamp Above 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. Signature wle-1 - _� Signo tary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: __ Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: EWA+IW}SE?DFfiW4"4 _Ifx4i3kM_1siais�r� �� ;t38FiCsfifla�F4xlr��3��iiFis3 r�F�c+3�?}?0� �3�u•+�xct�t�43t'�kash �7tR ©2017 National Notary Association Exhibit `A' Public Road and Utility Easement DED 22-002 PARCEL A All that certain real property situated in Section 22, Township 5 South, and Range 3 West S.B.B.M. in the County of Riverside, State of California, and being a portion of that certain Parcel excepted from Parcel 88-C as described in that certain deed to the State of California recorded on September 28, 1965, Official Records of Riverside County as Instrument No. 110852, said portion being more particularly described as follows: BEGINNING at the most Northerly corner of said Parcel excepted from Parcel 88-C, and a point on the Westerly right of way of 60 foot wide Encanto Drive as shown on the Record of Survey recorded December 201h, 2017 on Page 59 of Book 149 of Official Records of said County per Document Number 2017-0534057, and the beginning of a 430.00 foot radius non -tangent curve concave Northeasterly, a radial line through said point bears North 64' 47' 46" East; THENCE continuing along the arc of said curve, an arc distance of 372.15 feet through a central angle of 49°35' 15" to a point of cusp; THENCE departing said right of way, North 74' 47' 29" West, a distance of 8.04 feet to the beginning of a tangent 424.00 foot radius curve concave Northeasterly; THENCE along the arc of said curve, an arc distance of 308.56 feet through a central angle of 41 °41'48", a radial line through said point bears South 56' 54' 20" West, said point also being a point on the Southwesterly line of said Parcel excepted form Parcel 88-C; THENCE North 25' 12' 14" West along the Southwesterly line of said exception, a distance of 57.56 feet to the POINT OF BEGINNING. Containing 787 sf, more or less. As shown on Exhibit `B" attached hereto and made a part hereof. Page 1 of 3 PARCEL B All that certain real property situated in Section 22, Township 5 South, and Range 3 West S.B.B.M. in the County of Riverside, State of California, and being a portion of that certain Parcel excepted from Parcel 88-C as described in that certain deed to the State of California recorded on September 28, 1965, Official Records of Riverside County as Instrument No. 110852, said portion being more particularly described as follows: COMMENCING at the most Northerly corner of said Parcel excepted from Parcel 88-C, and a point on the Westerly right of way of 60 foot wide Encanto Drive as shown on the Record of Survey recorded December 20"', 2017 on Page 59 of Book 149 of Official Records of said County per Document Number 2017-0534057, and the beginning of a 430.00 foot radius non -tangent curve concave Northeasterly, a radial line through said point bears North 64' 47' 46" East; THENCE Southeasterly along the arc of said curve, a distance of 372.15 feet through a central angle of 49°35' 15"; THENCE South 74' 47' 29" East, a distance of 177.61 feet to the TRUE POINT OF BEGINNING; THENCE South 74' 47' 29" East, a distance of 22.39 feet to the beginning of tangent 220.00 foot radius curve concave Southwesterly; THENCE along said curve Southeasterly, an arc distance of 255.81 feet through a central angle of 66'37'18", a radial line through said point bears North 81 ° 49' 48" East; THENCE departing said Westerly right of way line, South 81' 00' 48" West, a distance of 35.57 feet; THENCE North 44' 38' 5 5 " East a distance of 18.84 feet to the beginning of a non -tangent 220.00 foot radius curve with radial bearing North 81 ° 18' 40" East; THENCE along said curve an arc distance of 253.82 feet through a central angle of 66' 06' 09" to the TRUE POINT OF BEGINNING. Containing 3,150 sf, more or less. As shown on Exhibit "B" attached hereto and made a part hereof. Page 2 of 3 PARCEL C All that certain real property situated in Section 22, Township 5 South, and Range 3 West S.B.B.M. in the County of Riverside, State of California, and being a portion of that certain Parcel excepted from Parcel 88-C as described in that certain deed to the State of California recorded on September 28, 1965, Official Records of Riverside County as Instrument No. 110852, said portion being more particularly described as follows: COMMENCING at the most Northerly corner of said Parcel excepted from Parcel 88-C; THENCE South 25' 12' 14" East along the Southwesterly line of said exception, a distance of 431.31 feet; THENCE South 51 ° 30' 44" East, a distance of 35.45 feet to the TRUE POINT OF BEGINNING; THENCE South 51 ° 30' 44" East, a distance of 20.36 feet; THENCE South 80' 56' 08" East, a distance of 317.31 feet; THENCE South 83' 37' 39" East, a distance of 70.26 feet; THENCE North 47' 06' 41" East, a distance of 25.63 feet; THENCE South 81 ° 00' 48" West, a distance of 35.57 feet; THENCE North 83' 37' 39" West, a distance of 52.44 feet; THENCE North 80' 56' 08" West, a distance of 334.82 feet to the TRUE POINT OF BEGINNING. Containing 4,128 sf, more or less. As shown on Exhibit `B" attached hereto and made a part hereof. No 'Ap -LA/yDS S'4P G.AL O �P 9 O a L.S.9109 X s�qr/ Seal . SaV� LS 9109 Date of cA��F Page 3 of 3 (*) EASEMENTS 15 & #6 ARE BLANKET IN NATURE AND ARE THEREFORE NOT PLOTTED. P.O.B. PARCEL A � P.O.C. PARCEL B P.O.C. PARCEL C l�l� S r PARCEL A a% [N 51'30'44" W [55.81' ��PL L AIV,0 EXHIBIT "B" - PLAT 1 OF 1 PUBLIC ROAD AND UTILITY EASEMENT DED 22-002 LEGEND TPOB P0B (R� I I CT R/W TRUE POINT OF BEGINNING POINT OF BEGINNING POINT OF COMMENCEMENT RADIAL BEARING EASEMENT BOUNDARY RIGHT-OF-WAY LINE ROS 149-59 PER INST. NO.. 2017-0534057 CAL TRANS RIGHT-OF-WAY RESTRICTED ACCESS (NO ACCESS ONTO MCCALL BL M.) LINE DATA TABLE NO.. LENGTH BEARING/DEL TA 1 8.04' N 74 4729" W 2 57.56' [N 257274" WI 3 334.82' N 8056'08" W 4 52, 44' N 833739" W 5 18,84' N 443855" E 6 177.61' [N 74'47'29" W] 7 20.36' S 5150'44' E 8 35.45' S 51;30'44" E 9 35.57' S 8100'48" W ❑1 ACCESS RIGHTS RELINQUISHED REC. 0912811965 INST. NO. 110852 O.R. 72 UTIL ESMT TO SCE REC. 0712911969 INST. NO. 77134 O.R. ❑3 U71L ESMT TO SCE REC. 0411411971 INST. NO. 38311 O.R. R/W MAP NU. 65701-01 U77L ESMT TO SCE REC. / PER INST. NO. 110852 / 910511971 INST. NO. 162144 O.R. 5. UTIL ESMT TO SO. SIERRAS POWER COMP. REC. 74, � ,n �? 0511811928 BK. 767, PG 131. 4729" 11200 ZIP^ 6. 60% OIL AND MINERAL Li 20p 7 I --,Z RIGHTS PER DEED REC. C6 39' I _gin 11129/1957 BK 2185, 3 PG 1889 PARCEL A PER LLA 21-006 RECORDED ON 4 Tp.O.B. 08/04/2023 AS PARCEL B DOC. #2023-0226585 / PARCEL B PER LLA 21-006 PARCEL B RECORDED ON L8 T.P.0.8. 08/04/2023 AS R=220.00' DOC. #2023-0226585 D=66'06'09" PARCEL C L7 I L3PARCEL C L=253.82' tZ 18� E�R [N 80 56'08" W 317, 3zz 1') L4 1 CURVE DATA TABLE NO.. LENGTH RADIUS BEARING/DEL TA 1 372.15' 00.00' 49;35'15" 2 308.56' 424.00' 4141'48" EX. 60' R/W PER CT CO M sq`cs��L R/W PER CT R/W MAP N0. _ 65701-01 PER INST. NO. 110852 0 S. 9 09 0 1 McCALL BOULEVARD [N 83'37'39" W a � _ /p� * SCALE- 1" = 100' PARCEL A: 787 sf �9rf OF CPARCEL B: 3,150 sf 0 50 100 PARCEL C: 4,128 SF Assesor's Parcel Number(s): 333-040-002-9, 333-040-003-0, ,vvs_nan_nna_i Section 22 , Township 5 SOUTH and Range 3 WEST S.B.B.M. Date Exhibit Prepared: October 24, 2023 \ \ R=220.00' D=66'37'18" L=255.81' 9 � 48ER N g1 49 N 47'06'41" E] - I ^ [25.63'] 70.26'] y MEG ENGINEERING CONSULTANTS 4320 VIEWRIDGEAVE. SUITE C SANDIEGO, CA 92123 PK•(858) 634-8620 FAX.•(858)-634-8627 PARCEL A Segment #1 : Line Course: S25° 12' 14"E Length: 57.56' North:151965.3384' East:250671.3813' Segment #2 : Curve Length:308.56' Radius:424.00' Delta:41°41'48" Tangent:161.47' Chord: 301.80' Course: S53° 56' 34"E Course In: N56° 54' 20"E Course Out: S15° 12' 32"W RP North: 152196.8512' East: 251026.5965' End North: 151787.7010' East: 250915.3653' Segment #3 : Line Course: S74° 47' 29"E Length: 8.04' North:151785.5919' East:250923.1238' Segment #4 : Curve Length:372.15' Radius:430.00' Delta:49'35'15" Tangent:198.63' Chord: 360.64' Course: N49° 59' 51"W Course In: N15° 12' 31"E Course Out: S64° 47' 46"W RP North: 152200.5320' East: 251035.9275' End North: 152017.4188' East: 250646.8676' Perimeter: 746.32' Area: 786.73 Sq. Ft. Error Closure: 0.0023 Course: N83° 03' 32"W Error North: 0.00028 East:-0.00230 Precision 1:316539.13 Page 1 of 3 PARCEL B Segment #1 : Line Course: S74° 47' 29"E Length: 22.39' North:151227.6602' East:251459.8082' Segment #2 : Curve Length:255.81' Radius:220.00' Delta:66°37'18" Tangent:144.57' Chord: 241.64' Course: 541' 28' S0"E Course In: S15* 12' 31"W Course Out: N81° 49' 48"E RP North: 151015.3653' East: 251402.0947' End North: 151046.6282' East: 251619.8623' Segment #3 : Line Course: S81° 00' 48"W Length: 35.57' North:151041.0720' East:251584.7289' Segment #4 : Line Course: N44° 38' S5"E Length: 18.84' North:151054.4754' East:251597.9689' Segment #5 : Curve Length:253.82' Radius:220.00' Delta:66°06'09" Tangent:143.15' Chord: 239.97' Course: N41° 44' 24"W Course In: 581' 18' 40"W Course Out: N15° 12' 31"E RP North: 151021.2402' East: 251380.4938' End North: 151233.5346' East: 251438.2085' Perimeter: 586.43' Area: 3149.70 Sq. Ft: Error Closure: 0.0062 Course: N82° 50' 48"E Error North: 0.00077 East: 0.00612 Precision 1:90066.13 Page 2 of 3 PARCEL C Segment #1 : Line Course: S51° 30' 44"E Length: 20.36' North:150686.9730' East:251717.9179' Segment #2 : Line Course: S80° 56' 08"E Length: 317.31' North:150636.9823' East:252031.2652' Segment #3 : Line Course: S83° 37' 39"E Length: 70.26' North:150629.1840' East:252101.0911' Segment #4 : Line Course: N47° 06' 41"E Length: 25.63' North:150646.6272' East:252119.8696' Segment #5 : Line Course: S81° 00' 48"W Length: 35.57' North:150641.0710' East:252084.7363' Segment #6 : Line Course: N83° 37' 39"W Length: 52.44' North:150646.8914' East:252032.6203' Segment #7 : Line Course: N80° 56' 08"W Length: 334.82' North:150699.6407' East:251701.9816' Perimeter: 856.39' Area: 4128.29 Sq. Ft. Error Closure: 0.0033 Course: SY 55' 46"E Error North:-0.00331 East: 0.00034 Precision 1:259512.12 \o �L LAIy�A S M . S j �11 G� GI 0 n tin A it \CF CAO. Page 3 of 3