CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
The McCall Boulevard Widening Project
No Situs, Menifee, CA 92584 333-080-028
Property Address Caltrans Parcel No. APN.
CTP 22-03 92017851
Project No. Escrow No. Title Order No.
RIGHT-OF-WAY CONTRACT
HH Real Estate, LLC, a Delaware limited liability company (hereinafter, "Grantor"), owns the real propert ocated at in Menifee, CA 92584 in the County of Riverside, Assessor Parcel Number 360-080-028 (th "Property"). A Partial Fee Interest and a Temporary Construction Easement in a portion of the Property are needed for the McCall Boulevard Widening Project (the "Project"). The Project would install traffic signals, street lighting, sidewalks, curb and gutter, ADA ramps and a retaining wall. Some existing utilities would need to be relocated as part of the widening within the City of Menifee (the "City") with a new eastbound and westbound traffic lane and widening the two-lane segment of McCall Boulevard to four lanes. A Grant Deed to the City in the form attached hereto as Exhibit "1", a Partial Fee Acquisition, and a Temporary Construction Easement Deed in the form attached hereto as Exhibit "2" ("TCE"), to facilitate construction of the Project.
Grantor has agreed to convey the Partial Fee Interest and TCE (collectively sometimes referred to herein as the "Interest" or "Property Interest") to the City on the terms and conditions set forth herein.
It is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve City of all further obligations or claims relating to its acquisition of the Property Interest and the City's construction and use of the Project.
(B) The City requires the Property Interest for the Project, a public use for which the City has the authority to exercise the power of eminent domain. Grantor agrees to convey, and the City agrees to acquire the Property Interest.
(C) Both Grantor and the City recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interest by eminent domain litigation. The compensation set forth herein for the Property Interest and Street Dedication is in compromise and settlement, in lieu of such litigation.
(D) It is agreed that City shall open an escrow in accordance with this Agreement at an escrow company of City's choice or open an internal escrow. This Agreement constitutes the joint escrow instructions of City and Grantor. The escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow.
CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT This document contains personal information, and pursuant to Civil Code section 1798.21, it
shall be kept confidential in order to protect
against unauthorized disclosure.
2. (A) CITY shall pay the undersigned Grantor the sum of SIXTY-NINE THOUSAND SEVEN HUNDRED SIXTY TWO DOLLARS and ZERO CENTS ($69,762.00) as just compensation or the Property Interest and for all damages, costs, expenses, fees and any claims whatsoeve lated to the Citv's acauisition of the Property Interest and the construction and use of th Project in the manner proposed.
(B) Should the City elect to open an external escrow, the City shall pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by the City, the premium charged therefore. Said escrow and recording charges shall not, however, include documentary transfer tax. This transaction may be handled through an external escrow with Commonwealth Land Title Company, or another City-selected escrow company to be determined or may be handled by an internal escrow.
(C) The City shall have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the
3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against the City and the State of California, Department of Transportation (hereinafter, individually and collectively, "Releasee") by reason of the Project and/or acquisition of the Property Interest, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasee and any and all of Releasee's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following: pre-condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs.
4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interest, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein:
Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides:
2 CITY OF MENIFEE CONFIDENTIAL
This document contains personal information,
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect
against unauthorized disclosure.
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
(B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.
5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interest to the City. Grantor will defend and indemnify CITY, its successors and/or assigns against any and all claims, demands, causes of action filed against the City, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof.
Grantor represents and warrants that it will defend and indemnify the City, its successor and/or assigns in the amount of any due and unpaid real property taxes, assessments, liens and any penalties and delinquencies on the Property. Grantor represents and warrants that it has made no assignment of any interest in the Property.
7. Grantor agrees to defend and indemnify and hold the City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said general release or quitclaim deeds are to be provided to Commonwealth Land Title Company, other selected escrow company, or the City by Grantor, prior to the close of escrow. The provisions of this paragraph shall apply to current leases on Grantor's property as well as future leases, if any, that are entered into after the execution of this Agreement.
8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements: None.
All purchased improvements listed above will not be replaced by City. Grantor agrees that it is not entitled to compensation for any other improvements located within the areas of the Property Interest being purchased pursuant to this Agreement.
9. It is understood and agreed by and between the parties hereto that the following improvements within the areas of the TCE will be protected in place: None. It is further understood and agreed to by and between the parties hereto that the following improvements within the areas of the Property Interest will be relocated: None.
The City shall not take actual physical possession of the TCE area until after thirty (30) days following advance written notice by City or City's contractor is given to Grantor of City's taking actual physical possession of the TCE area. Prior to the City's actual physical possession of the TCE area, Grantor agrees to hold harmless, defend and indemnify the City its officers, directors, employees and agents 3 CITY OF MENIFEE CONFIDENTIAL
This document contains personal information,
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect
against unauthorized disclosure.
against any and all claims including property damage or injuries resulting from the use of the area within the TCE by Grantor and/or Grantor's guests, invitees, or any other person. The City shall not be deemed to have control of the area within the TCE, nor a duty to maintain the area in a safe condition, prior to the time the City or the City's contractor take actual physical possession of the area within the Property Interests.
11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interest by the City, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
12. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction.
13. It is agreed between the parties hereto that the City is not assuming responsibility for payment or subsequent cancellation of unpaid assessments on the Property acquired under this transaction. Said assessments include but are not limited to Schedule B, Section B, Items #A-E of order number of the Preliminary Title Report prepared by Commonwealth Land Title Insurance Company. Grantor acknowledges it has received and reviewed the Preliminary Title Report. The assessments remain the obligation of Grantor. Payment for the Property Interest acquired under this transaction is made upon the basis that the Grantor retains its obligation to the levying body respecting said assessments.
14. The TCE shall be for a period of twenty four (24) months ("TCE Term"). The TCE Term shall commence upon the start of construction. Construction shall start after the Grantor has been provided at least thirty (30) days written notice prior to commencement of work within the TCE area. Grantor agrees to keep the TCE area free and clear of all materials, shrubbery, crops, improvements and debris during the TCE Term.
Grantor further agrees that cost of removal of any materials, shrubbery, crops, improvements or debris that are installed during the TCE term shall be the sole responsibility of Grantor.
15. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses:
To Grantor:
The KPC Group
9 Parkway, Suite 301
Corona, CA 92879
To CITY:
City Clerk
29844 Haun Road,
City of Menifee, CA 92586
Attn: Carlos E. Geronimo, PE, City of Menifee
4 CITY OF MENIFEE CONFIDENTIAL
This document contains personal information,
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect
against unauthorized disclosure.
16. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees. The City may freely assign any or all of its interests or rights under this Agreement.
17. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property.
The acquisition price of the Interest being acquired in this transaction reflects the full and complete settlement of the City's acquisition assuming the absence of contamination. If the Interest being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, City may elect to recover its clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor.
18. It is understood and agreed that the fully executed Grant Deed (Exhibit 1), and Temporary Construction Easement Deed (Exhibit 2), may be recorded in the Recorder's Office for the County of Riverside.
19. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
20. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
21. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement.
22. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.
23. This Agreement may be subject to approval by City Council.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
5 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT This document contains personal informatios nd pursuant to Civil Code section 1798.21,
hall be kept confidential in order to protec
against unauthorized disclosure
In Witness Whereof, the Parties have executed this Agreement on the day and year set forth below.
PHH Real Estate, LLC, a California limited liability
Dhandi
Name: alı P. Chandhuri
Tile: Manager
9/30|2025
Date:
CITY OF MENIFEE, a California municipal corporation APPROVED AS TO FORM:
Approved By:
By: By:
Armando G. Villa, City Manager Jeffrey T. Melching, City Attorney Date:
Attested By:
Stephanie Roseen, City Clerk
6 CITY OF MENIFEE CONFIDENTIAL
This document contains personal information.
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect
against unauthorized disclosure.
Exhibit "1"
Grant Deed
L*L
FOR RECORDER'S USE
THIS IS TO GERTY that the interest a property graded
Бу:-
CITY ENGINEER. CITY OF REIFEE
DTT: $0.00 roject: McCall Widening Projec
'arcel: PHH Real Estate, LI(
Portion of APN: 360-080-028
GRANT DEED
(FEE)
PHH RE, LLC, a Delaware Limited Liability Company
Grants to the CITY OF MENIFEE, a municipal corporation, all that real property in the County of Riverside, State of California, described as follows:
SEE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AS
EXHIBITS "A" AND "B" AND MADE A PART HEREOF
Grantor:
PHH RE, LLC, a Delaware Limited Liability Company
BY:
Name:
Title:
Date:
7 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
against unauthorized disclosure.
ACKNOWLEDGMENT
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
On _ 2025, before me, _ Notary Public,
personally appeared → 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/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.
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 (Seal)
8 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
EXHIBIT "A"
LEGAL DESCRIPTION
PARTIAL FEE INTEREST
APN: 333-080-028
PARCEL "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND BEING A PORTION OF PARCEL 15, OF DEED RECORDED OCTOBER 13, 2010, AS INSTRUMENT NO. 2010- 0490092 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, NOW KNOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. 05090, RECORDED JANUARY 28, 2010 AS INSTRUMENT NO. 2010-37622 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 23, TOWNSHIP 5 SOUTH, AND RANGE 3 WEST, S.B.M., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE McCALL BOULEVARD AND WOODSIDE WAY CENTERLINE INTERSECTION AS SHOWN ON TRACT NO. 30002, FILED IN BOOK 378, PAGES 12 THROUGH 27 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,
THENCE ALONG SAID McCALL BOULEVARD CENTERLINE, SOUTH 55° 08' 35" WEST, 123.81 FEET.
THENCE LEAVING SAID CENTERLINE, NORTH 34° 51' 25" WEST, 76.00 FEET TO THE
POINT OF BEGINNING, ALSO BEING THE NORTHWESTERLY LINE OF A ROAD AND UTILITY EASEMENT GRANTED TO CITY OF MENIFEE, RECORDED OCTOBER 15, 2009, AS INSTRUMENT NO. 2009-0534156 OF OFFICIAL RECORD; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 55° 08' 35" WEST, 426.03 FEET:
THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 49° 04' 02" EAST, 89.86 FEET;
THENCE NORTH 46° 11' 53" EAST, 116.69 FEET;
THENCE NORTH 52° 09' 14" EAST, 56.52 FEET;
THENCE NORTH 16° 14' 59" EAST, 7.17 FEET:
THENCE NORTH 55° 08* 33" EAST, 20.00 FEET:
THENCE SOUTH 80° 54' 53" EAST, 10.60 FEET;
THENCE NORTH 67° 02' 17" EAST, 134.64 FEET TO THE POINT OF BEGINNING.
THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS 7,164 SQUARE FEET MORE OR LESS.
CITY OF MENIFEE
RIGHT OF WAY CONTRACT
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HEREON AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL MATTERS OF RECORD, IF ANY.
Prepared by:
LAND
JAM LE SURVE YOR
No. 8231 #
OF
Tan I
Lam Le L.S. 8231 DATE: 5/20/2024
10 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT The plumero ci code senio 1921, i shall be kept confidential in order to protec
against unauthorized disclosure
EXHIBIT "B"
LEGAL DEPICTION
PARTIAL FEE INTEREST
APN: 333-080-028
EXHIBIT "В"
PARTIAL FEE INTEREST
PONT OF SAMARAT WOODSIDE
BEGINNING 1200
$/ WAY
PARCEL 15 OF DEED RECORDED APN: 333-080-7 INSTRUMENT NO. 2010-0490092 NOW KNOWN AS PARCEL B OF NOTICE JANUARY 28, 2010 AS INSTRUMENT NO. 80'54'53" E 10,60 " E 10.60' N 67'02'17" E 134.64'
LINE ADJUSTMENT NO. N 67
2010-37622 OF O.R. N 55'08'33' E 20.00' 7,164 SQ FT
Scale: 1"=60'
N 16'14'59' E 7.17 N 52°09'14" E 56.52 "N'WLY LINE OF ROAD AND UTLITY EASEMENT" 10/15/2009 AS INSTRUMENT NO. 2009-0534156 NOTE:
GRANTED TO CITY OF MENIFEE, RECORDED SEE SHEET 2 FOR
McCALL BOULEVARD EASEMENT LIST
PARCEL "A" S 5508'35" W 426.03
50002
4611'53" 116.69 OF O.R. (ACCEPTED). TAN LE
TRACT NO. M.B. 378/12-27 No. 8231
/
49'04'02" €
89.86' 76. 1152. 8/25/2025
LAM LE, LS. 8231 DATE:
SOUTH, AND RANGE 3 WEST, S.B.M.
PARTIAL FEE INTEREST
Prepared in the office of CITY OF MENIFEE
CL SURVEYING & MAPPING PARTIAL FEE INTEREST SHET
200 RA COST 50753 202 PORTION OF PARCEL 15 OF DEED REC. 10/13/2010 A 82879 INSTR. 2010-0490092 OF OF
Tel (909) 484-1200 NOW KNOWN AS PARCEL B OF LLA NO. 05090, REC.
Fax (908) 484-4229 01/28/2010 AS INSTR. 2010-37622 O.R V0B Na RIVERSIDE COUNTY, CALIFORNIA 2022-KOA-02
CITY OF MENIFEE
RIGHT OF WAY CONTRACT
EXHIBIT "B"
PARTIAL FEE INTEREST
1 Easements) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Areting No: Book for long ot anged,
stie Ensement is not specificat sell ented and is unlocatable. (2) Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a document:
Granted to: County of Riverside
Purpose: Extend and maintain excavation and embankment elopes and drainage structures
Recording Date: June 30, 1966
Recording No: 67446 of Official Records
Affects: A portion of said land
Plotted hereon.
3 Easements) for the purpose (s) shown below and rights incidental thereto, as granted in a document:
Granted to: County of Riverside
Purpose: Public road and drainage purposes, including public utilities and public services
Recording Date; November 10, 1986
Recording No: 284195 of Official Records
Affects:
Within McCall Boulevard, Souther ord the t , Southerly of the beginning curve, not plotted.
Easements) for the purposes) shown below and rights incidental thereto, ds granted in a document
Granted to:
Purpose: sad and utty purposes, including drainage purpose Recording | Date: October 15, 2009
Reeding No: 2009- portion of tid la Records Ano heroin described Land and other land.
Affects:
Plotted hereon.
Prepared in the office of CITY OF MENIFEE
CL SURVEYING de HAPPING PARTIAL FEE INTEREST
O RAST FINCON ST., SUTTE 2
FONd, C 92879 oF 2
Tel (909) 184-1200
FAx (908) 484-4229 JOB Na
2022-K0A-02
CITY OF MENIFEE CONFIDENTIAL
This document contains personal information,
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect
against unauthorized disclosure.
The rights granted hereunder shall commence thirty (30) days after written notification to the property owner of entry onto the property described and depicted in Exhibits A and B attached hereto for the construction of the Project and shall continue in full force and effect until written notice to the owner of record that the temporary construction easement is no longer needed by the City, or twenty four (24) months after initial entry, whichever is earlier. Upon termination of the temporary construction easement, the Temporary Construction Easement Area shall be restored to a condition that is as functionally equivalent as is practicable to its condition prior to the commencement of the work, consistent with the Project as designed and as to be constructed. [Signatures on next page]
14 CITY OF MENIFEE CONFIDENTIAL
This document contains personal information.
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, i all be kept confidential in order to prote
gainst unauthorized disclosur
Exhibit "2"
Temporary Construction Easement Deed
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Governnent Code Section 6103 Pursuant to R&T Code 6 11922 (Space above this line for Recorder's use)
APN: 333-080-028
FULL | 1 PORTION [X]
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, PHH Real Estate, LIC, a Delaware limited liability company (Grantor"), hereby grants to the CITY OF MENIFEE, a municipal corporation ("City") a temporary construction easement (the "Temporary Construction Easement") in, on, over, along, through, upon, under and across that certain real property, described on Attachment "A" and depicted on Attachment "B" attached hereto and incorporated herein by this reference (the "Temporary Construction Easement Area"), for the following purposes:
A nonexclusive easement which permits City, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the Temporary Construction Easement Area, consisting of approximately 997 square feet, as reasonably necessary for all purposes incidental to the McCall Boulevard Widening Project (the "Project"). This Temporary Construction Easement shall include the right to perform within the Temporary Construction Easement Area, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, 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 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 vehicular access to the larger parcel of property of which the Temporary Construction Easement Area is a part ("Grantor's Property"), nor exercise the uses of the easement outside of the Temporary Construction Easement Area.
grade areas, providing standard construction site control measures as may be reasonably necessary to allow the work which will be done pursuant to this Temporary Construction Easement in a safe and legal manner, and such work as may pertain to on-site improvements to render the Temporary Construction Easement Area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project, consistent with the Project to be constructed. To the extent legally permitted improvements are constructed on the Temporary Construction Easement Area, City shall protect or restore all improvements thereon. 17549813_38R/13033
13 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
IN WITNESS WHEREOF, the Grantor and City hereto have caused this Easement Deed to be executed as of this 2025.
GRANTOR:
PHH Real Estate, LLC, a California limited
liability company
By: _
Name:
Date:
CITY:
CITY OF MENIFEE, a California municipal
corporation
By Ammando G. Villa, City Manager
ATTEST:
By Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
By:_
Jeffrey T. Melching, City Attorney
159:012335-0144
17549823.1 3008•1225
15 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
against unauthorized disclosure.
ACKNOWLEDGMENT
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
On →, 2025, before me,. _ Notary Public,
personally appeared _ 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/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.
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 (Seal)
16 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN: 333-080-028
PARCEL "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND BEING A PORTION OF PARCEL 15, OF DEED RECORDED OCTOBER 13, 2010, AS INSTRUMENT NO. 2010- 0490092 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, NOW KNOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. 05090, RECORDED JANUARY 28, 2010 AS INSTRUMENT NO. 2010-37622 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 23, TOWNSHIP 5 SOUTH, AND RANGE 3 WEST, S.B.M., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE McCALL BOULEVARD AND WOODSIDE WAY CENTERLINE INTERSECTION AS SHOWN ON TRACT NO. 30002, FILED IN BOOK 378, PAGES 12 THROUGH 27 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:
THENCE ALONG SAID MCCALL BOULEVARD CENTERLINE, NORTH 55° 08' 35" EAST, 212.03 FEET;
THENCE LEAVING SAID CENTERLINE, NORTH 34° 51' 25" WEST, 76.00 FEET TO THE
POINT OF BEGINNING, ALSO BEING THE NORTHWESTERLY LINE OF ROAD AND UTILITY EASEMENT GRANTED TO CITY OF MENIFEE, RECORDED OCTOBER 15, 2009, AS INSTRUMENT NO. 2009-0534156 OF OFFICIAL RECORD; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 55° 08' 35" WEST, 72.50 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 34° 21" 34" EAST, 77.50 FEET;
THENCE SOUTH 34° 56° 48" EAST, 27,50 FEET TO THE POINT OF BEGINNING THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS 997 SQUARE FEET MORE OR LESS
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HEREON AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL MATTERS OF RECORD, IF ANY.
CITY OF MENIFEE CONFIDENTIAL
This document contains personal information,
RIGHT OF WAY CONTRACT and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect
against unauthorized disclosure.
Prepared by:
JAM
No. 8231 *
OF CALIFOR
Lam Le L.S. 8231 DATE: 5/20/2024
18 CITY OF MENIFEE CONFIDENTIAL
RIGHT OF WAY CONTRACT
against unauthorized disclosure.
Legal Depiction
EXHIBIT "В"
TEMPORARY CONSTRUCTION EASEMENT
5/20/2024 /
3g5-7350 PONT OF
LAM LE, L.S. 8231 DATE: BEGINNNG
FESS IONE CAM LE
128.00
No. 8231
55508'35 W
2 APN: 333-080-028 NIT LINE OF ROAD ANTE - UTILITY EASEMENT GRANTED TO CITY OF MENIFEE, RECORDED 10/15/2009 AS 2009-053156 OF O.R.
PARCEL 15 OF DEED RECORDED 10/13/2010 AS INSTRUMENT NO. 2010-0490092 OF O.R. NOW KNOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. 05090, RECORDED. (ACCEPTED). N 5508'35" E 212.03. SENE LEFTOR
76. JANUARY 28, 2010 AS INSTRUMENT NO.
26. 2010-37622 OF O.R. TRACT NO. 30002
152. M.B. 378/12-27
MCCALL BOULEVARD
POINT OF
COMMENCEMENT/
G WOODSIDE
WAY Seale: 1"=40"
LYING WITHIN SECTION 23, TOWNSHIP 5 TEMPORARY CONSTRUCTION EASEMENT SOUTH, AND RANGE 3 WEST, S.B.M.
Prepared in the affice of CITY OF MENIFEE
CL SURVEYING & MAPPING TEMPORARY CONSTRUCTION EASEMENT SHEET 400 LAST RINCON ST., SUTTE 202 PORTION OF PARCEL 15 OF DERD REC. 10/13/2010 AS CORONA, CA 02879 INSTR. 2010-0490092 OF OR oF 2
tel (909) 481-4200
7ex (000) 484-4228 L0a Na
2022-KOA-02
19 EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
Easements) tor the purposes) shown below and rights incidental thereto as set Precing No: Bo polo 28 Bree
Said Easement is not specially delineated and is unlootable. 0 Extend an mainiain excovotion and embankment slopes and June 30. 1966
Recording No: 67446 of Official Records
Affects: A portion of said land
Plotted hereon.
3 Easement(s) tor the purposes) shown below and rights incidental thereto, as gronted in a document:
ounty of Riversic
Purpose: ublic road and drainage purposes. including public utilitie and public services
Recording Dote; lovember 10, 198
ecording No: 284195 of Official Record
Aficin MaCall Boulevard, Southerly of the beginning curve, not plotted. 0 Eosement(s) tor the purpose(s) shown below and rights incidental thereto, as A portion of said lanc
The herein described Land and other kmd
Prepared ia l.be office of CITY_OF ME NIFE E ... 1
CI SUHIKIINC IN/APPJHC TEMPORARY CONSTRUCTION EASEMENT SMEEI CORONA, CA G219T., SUITB 202 oFZ
921979
•| (900) 4.84-4.200
u (90lil) 484-4229