The Valley Boulevard Widening Project
No Situs, Menifee. CA 92584 N/A 335-080-013
Property Address Caltrans Parcel No. APN.
2887 2667774 2667774
Project No. Escrow No. Title Order No.
RIGHT-OF-WAY CONTRACT
It is mutually agreed as follows:
(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 ROW and the City's construction and use (B) The City requires the ROW 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 ROW.
(C) Both Grantor and the City recognize the expense, time, effort, and risk to both parties in determining the compensation for the ROW by eminent domain litigation. The compensation set forth herein for the ROW 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 prior al aser easonably necessary to close this scrow within sixty (60) days following the (A) CITY shall pay the undersigned Grantor the sum of TWO HUNDRED SIX THOUSAND DOLLARS AND ZERO CENTS ($206,000.00) as just compensation for the ROW and for all damages, costs, expenses, fees and any claims whatsoever related to the City's acquisition of the ROW and the construction and use of the 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 Stewart Title Company, or another City-selected escrow company to be determined or may be 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 close of escrow.
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.
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:
(A) 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:
"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 deeds) 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 ROW to the City as contemplated by this Agreement. 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, or that challenges Grantor's authority to convey the full interest intended to be transferred under this Agreement. 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 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.
10. 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.
11. 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-D of order number 2667774 of the Preliminary Title Report prepared by Stewart Title 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.
12. 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:
McCall Senior 37, LLC,
Po Box 28802
Santa Ana, CA 92799
To CITY:
City Clerk
29844 Haun Road, City of Menifee, CA 92586
Attn: Diego Guillen, PE, QSD/QSP, City of Menifee
13. 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.
14. 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.
15. 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.
16. It is understood and agreed that the fully executed Public Roadway Dedication Deed (Exhibit 1) may be recorded in the Recorder's Office for the County of Riverside.
17. 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.
18. 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.
19. 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.
20. 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.
21. This Agreement may be subject to approval by City Council.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
In Witness Whereof, the Parties have executed this Agreement on the day and year set forth below.
JESSED. VANES 6RE66 MAEDO
Name: Name:
Date: 28 Octaors Date: 10. 28.2025
CITY OF MENIFEE, a California municipal corporation APPROVED AS TO FORM:
Approved By:
By:
By: _: Jeffrey T. Melching, City Attorney
Armando G. Villa, City Manager
Date:
Attested By:
Sarah A. Manwaring, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
Attn: City Clerk
29844 Haun Road
Menifee, CA 92586
APN: 335-080-013 (THIS SPACE FOR RECORDER'S USE ONLY)
THE UNDERSIGNED DECLARES THAT THIS DOCUMENT IS
RECORDED AT THE REQUEST OF AND FOR THE BENEFIT OF
THE CITY OF MENIFEE AND IS THEREFORE EXEMPT FROM
THE PAYMENT OF THE RECORDING FEE PURSUANT TO
GOVERNMENT CODE § 6103 AND § 27383 AND FROM
PAYMENT OF THE DOCUMENTARY TRANSFER TAX PURSUANT
TO REVENUE AND TAXATION CODE § 11922.
PUBLIC ROADWAY DEDICATION DEED
The undersigned Grantor declares:
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, McCall Senior 37, LLC ("Grantor") does hereby GRANT in fee to the CITY OF MENIFEE, a California municipal corporation ("Grantee") that certain real property located in the City of Menifee, County of Riverside, State of California, more particularly described in the legal description attached as Exhibit "A" and depicted in the plat map attached as Exhibit "B" ("Property"), which is incorporated herein by this reference. The Grant of the Property hereto includes all of the interests of Grantor in and to the Property and all rights and appurtenances pertaining to said real property, including any improvements and landscaping, all rights, title, interest of Grantor in and to adjacent streets, alleys or rights of way.
Dated this 28 day of Oct, 2025.
IN WITNESS WHEREOF, Grantor and City have executed this Public Roadway Dedication Deed as of the date first set forth above.
- Enlab
Its: Manasik MANAGER
Date: 280ct2025 Date: 10 • 28. 2025
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 Orange )
On October 28, 2025 V.M. Cothran
_ before me,. → Notary Public,
personally appeared Gregg Maedo , 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. V. M. COTHRAN
COMM. # 2485061
WITNESS my hand and official seal. G NOTARY PUBLIC - CALIFORNIA O
SACRAMENTO COUNTY O
COMM. EXPIRES APRIL 17, 2028-
Signature Im Cotlan (Seal)
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 Orange
V.M. Cothran
On October 28, 2025 _ before me, - Notary Public,
personally appeared Jesse D. James → 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. V. M. COTHRAN
3 COMM. # 2485061
WITNESS my hand and official seal. G NOTARY PUBLIC - CALIFORNIA D
SACRAMENTO COUNTY O
COMM. EXPIRES APRIL 17, 2028-
Signature Vm Cotlan (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 3 WEST SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT MAP NO. 3424, FILED IN BOOK 55 PAGES 52 THROUGH 57 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON NORTHERLY LINE OF LOT "Q" (A 1.00 FOOT BARRIER) AS SHOWN ON SAID MAP; THENCE NORTH 00°45'11" WEST LEAVING SAID TRACT MAP A DISTANCE OF 646.39 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF VALLEY BOULEVARD (55.00 FOOT HALF WIDTH) SHOWN AS LOT "A" ON PARCEL MAP 22482, FILED IN BOOK 152 PAGES 60 AND 61 OF PARCEL MAPS, RECORDS OF SAID COUNTY;
THENCE NORTH 89°18'52" EAST A DISTANCE OF 110.00 FEET TO THE SOUTHEAST CORNER OF VALLEY BOULEVARD (55.00 FOOT HALF WIDTH) SHOWN AS LOT "A", ALSO BEING THE SOUTHWEST CORNER OF LOT 53 ON TRACT MAP NO. 18041-2, FILED IN BOOK 143 PAGES 66 THROUGH 68 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY TO A LINE PARALLEL WITH AND 110.00 FEET EASTERLY FROM THE ABOVE DESCRIBED COURSE (NORTH 00°45'11" WEST 646.39 FEET);
THENCE SOUTH 00°45'11" EAST LEAVING SAID CORNERS ALONG SAID PARALLEL LINE A DISTANCE OF 646.02 FEET TO A POINT ON SAID NORTHERLY LINE OF SAID LOT "Q" OF SAID TRACT MAP NO. 3424;
THENCE SOUTH 89°07'10" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.63 ACRES MORE OR LESS.
PARCEL "B"
BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 3 WEST SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT MAP NO. 3424, FILED IN BOOK 55 PAGES 52 THROUGH 57 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SAID LINE ALSO BEING THE NORTHERLY LINE OF LOT "Q" (A 1.00 FOOT BARRIER) AS SHOWN ON SAID MAP; THENCE NORTH 89°07'10" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING;
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
THENCE NORTH 00°45'11" WEST LEAVING SAID NORTHERLY LINE A DISTANCE OF 80.30 FEET;
THENCE SOUTH 45°49'01" EAST A DISTANCE OF 8.89 FEET TO A LINE PARALLEL WITH AND
74.00 FEET NORTHERLY OF SAID NORTHERLY LINE;
THENCE NORTH 89°07'10" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 276.72 FEET; THENCE SOUTH 00°52'50" EAST LEAVING SAID PARALLEL LINE A DISTANCE OF 74.00 FEET TO A POINT ON SAID NORTHERLY LINE OF SAID LOT "Q" (A 1.00 FOOT BARRIER); THENCE SOUTH 89°07'10" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 283.18 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.48 ACRES MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF.
PREPARED BY ME OR UNDER MY SUPERVISION.
Qun fanta 20m9 6420250 * *
No. 6359
SATE CALIFORNIA
OF
PAGE 2 OF 2
EXHIBIT "B"
55' 55 PLAT
=
BOULEVARD LOT 54 TR 18041-2
PM 22482 LOT "A VALLEY LOT "A" MB 143 / 66-68
PM 152/60-61
N89°18'52"E LOT 53 LOT 52
110.00'
1 40' SOUTH 1/2
SOUTHWEST 1/4 *
PARCEL "A" SECTION 20, T5S, SOUTHEAST 1/4 SATE ° CAN TORT No. 6359
1.63 ACRES R3W S.B.M.
EASEMENT NOTES
40' EASEMENT FOR RIGHT OF WAY FOR
PIPELINES AND OTHER FACILITIES AND RIGHTS
INCIDENTAL THERETO IN FAVOR OF EASTERN
MUNICIPAL WATER DISTRICT PER DOC. REC. 1/5/2011, AS
NO0°45'11"W 646.39' INSTR. NO.11-5106, O.R.
AN EASEMENT FOR INGRESS AND EGRESS IN FAVOR
I NOO 4511W 818.02 OF EASTERN MUNICIPAL WATER DISTRICT RECORDED APRIL 24, 2024 AS INST. # 2024-0118555 OF OFFICIAL
RECORDS.
AN EASEMENT FOR INGRESS AND EGRESS IN FAVOR
OF EASTERN MUNICIPAL WATER DISTRICT RECORDED
APRIL 24, 2024 AS INST. # 2024-0118555 OF OFFICIAL
RECORDS.
SOUTH 1/2
SOUTHWEST 1/4 N45°49'01"W 8.89
SOUTHEAST 1/4 N890710"E276.72*
SECTION 20, T5S, PARCEL "B"
R3W S.B.M. N89°07'10"E 5
.30 0.48 ACRES 74.00 005250 W
110.00'
-80 MCCALL BOULEVARD
(GRAND AVENUE LOT "D")
P.O.B. N89°07'10"E 283.18'
PARCEL "A" T.P.O.B.
PARCEL "B"
& PARCEL "B" BOULEVARD
VALLEY
55' 5 LOT 89
TR 3424 LOT 1 LOT 2 LOT 3 LOT 4
MB 55/52-57
DJI MENVINGASURVENNG SERVCES
42164 REMINGTON AVENUE PH: (951) 699-8874 SCALE: 1" = 100' TEMECULA, CA 92590 FAX: (951) 699-8568
SHEET 1 OF 1 DATE: 2/13/25
EMAIL: [email protected]