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RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
Eastern Municipal Water District
P.O. Box 8300
Perris, CA 92572-8300
Attn: Real Property Division
EXEMPT FROM RECORDING FEES
(Government Code §§6103 & 27383)
(Space above Line for Recorder’s Use Only)
APN(S): 487-370-016
SO#: 274389
RA#:
The undersigned grantor(s) declare(s) documentary transfer tax is $0.00. Transfer is exempt from transfer tax pursuant to R&T Code §11922.
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MORENO VALLEY COMMUNITY SERVICES DISTRICT, a District formed pursuant to C alifornia Community Services District Law (hereinafter referred to as "Grantor "), does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a public agency organized and existing under and by virtue of the Municipal Water District Law of 1911, its successors and assigns (hereinafter referred to as "Grantee"), a non-exclusive public service facilities easement in, on, over, under, upon, above, along and across the land in the City of Moreno Valley, County of Riverside, State of 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 conveni ent 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.
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Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with the purpose s of this Easement Deed; (b) interferes with or is harmful to Grantee's rights herein; or (c) interferes with or is harmful to Grantee's facilities, pipelines, equipment and/or appurtenances. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with the Grantee’s rights as defined herein or Grantee's facilities, pipelines, equipment, structures and/or appurtenances.
Grantor shall effectuate and pay the costs for removal, repair or restoration of any materials within the Easement Area, including but not limited to, plants/trees or other landscape materials, 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 addition to or in place of standard asphalt that is not in place at the time this Easement Deed is executed . Grantor shall be responsible for the repair and/or replacement of the affected materials at no cost to Grantee. Grantee will only backfill to grade with dirt or install standard asphalt within that portion of the Easement Area affected by its work.
This Easement Deed constitutes the entire agreement between Grantor and Grantee relating to this 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 Easement Deed, and in signing this Easement Deed, 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 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 Easement Deed, and without duress or coercion, whether economic or otherwise.
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Dated: ________ MORENO VALLEY COMMUNITY
SERVICES DISTRICT, a District formed
pursuant to California Community
Services District Law
By: ______________________________
State of California
County of ______________________________ }
CALIFORNIA ACKNOWLEDGMENT
©2019 National Notary Association
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.
On _________________________ before me, _____________________________________________, 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.
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
Date
Signature _________________________________
Place Notary Seal and/or Stamp Above
CIVIL CODE § 1189
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
OPTIONAL
Description of Attached Document
Title or Type of Document: _________________________________________________________ Document Date: ___________________________________________ Number of Pages: _________ 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 or Conservator
☐ Other: _____________________________________
Signer is Representing: ________________________
__________________________________________
Signer’s Name: _______________________________
☐ Corporate Officer – Title(s): __________________
☐ Partner – ☐ Limited ☐ General
☐ Individual ☐ Attorney in Fact
☐ Trustee ☐ Guardian or Conservator
☐ Other: _____________________________________
Signer is Representing: ________________________
___________________________________________
Signature of Notary Public
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.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by a n Easement Deed dated _____________ from MORENO VALLEY COMMUNITY SERVICES DISTRICT, a District formed pursuant to C alifornia Community Services District Law , to EASTERN MUNICIPAL WATER DISTRICT, a public agency organized and existing under and by virtue of the Municipal Water District Law of 1911 , is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent.
Dated: ________ EASTERN MUNICIPAL WATER DISTRICT,
a public agency organized and existing
under and by virtue of the Municipal
Water District Law of 1911
By: ___________________________
Sheila Zelaya, Board Secretary