CITY OF RIVERSIDE
AGREEMENT FOR CONVEYANCE OF EASEMENT TO
RIVERSIDE UNIFIED SCHOOL DISTRICT
Villegas Park
This Agreement for Conveyance of Easement ("Agreement") for an easement and improvements at Villegas Park is entered into on this day of , 2024, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("CITY") and the RIVERSIDE UNIFIED SCHOOL DISTRICT, a California public school district ("RUSD").
RECITALS
WHEREAS, CITY, through its Parks, Recreation, and Community Services Department, owns certain real property located at Villegas Park, bearing Assessor's Parcel No. 230340001; and
WHEREAS, RUSD owns the adjacent property located at 7351 Lincoln Ave. on which a new elementary school, Casa Blanca Elementary School, is being constructed; and
WHEREAS, RUSD desires to obtain an easement and right-of-way for a portion of the property at Villegas Park, the Easement is attached hereto as Exhibit "A" and is incorporated herein by this reference, for the purposes of the construction, maintenance, and operation of Sanitary Sewer Facilities, and the CITY desires to convey the Easement to RUSD.
WHEREAS, RUSD desires to provide valuable consideration for the Easement in the form of improvements to the Villegas Park parking lot as described in Exhibit "B" attached hereto and incorporated herein by reference; and
WHEREAS, the parties desire by this Agreement to provide the terms and conditions for the Improvements and grant of the Easement; and - 1 -
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree as follows:
CITY agrees to grant and RUSD agrees to accept the easement and right-of-way, attached hereto as Exhibit "A" and is incorporated herein by this reference, for the construction, reconstruction, maintenance, operation, inspection, repair, replacement, relocation, renewal and removal of Sanitary Sewer Facilities, together with manholes, cleanouts, wye branches and all necessary appurtenances, in, under, upon, over and along Villegas Park parking lot as described in Exhibit "A".
As valuable consideration for such Easement, RUSD shall complete improvements to a portion of the Villegas Park parking lot ("Improvements") consistent with the plans as provided in Exhibit "B" ("Improvement Plans") attached hereto and incorporated herein by this reference. RUSD agrees to perform all work of the Improvements at their sole expense.
No escrow is needed and no monies will be exchanged.
RUSD agrees not to permit any change to or modification of the Improvement Plans without the CITY's prior written permission and consent.
The City Parks, Recreation and Community Services Department Director shall be notified by RUSD a minimum of fourteen (14) calendar days prior to commencement of improvements.
The parties agree that all work of the Improvements and all future work shall be completed in accordance with all applicable laws and in safe and workmanlike manner, and that CITY's property shall be restored to the condition it was in prior to the work being done.
The conditions for the Use of the Property and Easement shall be as stated in the Easement attached hereto as Exhibit "A".
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7. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California.
Any and all notices or other documents given or required to be given to the parties of this Agreement will be deposited in the United States Mail by first class mail, postage prepaid, to the following addresses:
CITY OF RIVERSIDE
Community & Economic
Development Department
Real Property Services
3900 Main Street
Riverside, CA 92522
(951) 826-5649 (phone)
(951) 826-5744 (fax)
RIVERSIDE UNIFIED SCHOOL DISTRICT
3380 14" Street
Riverside, CA 92501
(951) 788-7135
(951) 352-6729 (Ext. 80423)
Any notice or other documents sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other documents in the United States mail.
Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
10. This Agreement may be amended or supplemented only by written documents signed by all parties.
11. The parties shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the - 3-
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, genetic information, gender, gender identity, gender expression, sex, or sexual orientation, in connection with the performance of this Agreement. The parties further agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. NOTE: If federal funds are expended in association with this Agreement, Parties will ensure compliance with the Civil Rights Act of 1964, all related statutes, and local agency requirements. NOTE: If federal funds are expended in association with this Agreement, Parties will ensure compliance with the Civil Rights Act of 1964, all related statutes, and local agency requirements.
12. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith.
13. The parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement.
14. All representations, warranties, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant of Easement.
15. This Agreement may be subject to approval and ratification by the City Council of the City of Riverside.
16. Each party to this Agreement intends and agrees to the use of digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Regulations Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for purposes of validity, enforceability, and admissibility. For purposes of - 4-
this section, a "digital signature" is defined in subdivision (d) of Section 16.5 of the Government Code and is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code.
This Agreement may be executed in any number of counterparts, cach of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate original, constituting one and the same instrument and shall be binding on the parties hereto.
[SIGNATURES ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the day and year first above written.
CITY OF RIVERSIDE, RIVERSIDE UNIFIED SCHOOL
a California charter city and municipal DISTRICT,
corporation a California public school district
By:
City Manager
Erin Power
Assistant Superintendent
Business Services
ATTESTED TO:
By:_
By:
City Clerk
CERTIFIED AS TO AVAILABILITY OF FUNDS
pusth
By:
for Chief Financial Officer
APPROVED AS TO FORM:
By:_
/Deputy City Altorney
24-0171 TAT 02/22/24
- 6-
EXHIBIT "A"
EASEMENT
When recorded mail to:
SURVEYOR
City of Riverside
Public Works Department
3900 Main Street
Riverside, California 92522
FOR RECORDER'S OFFICE USE ONLY
Project: Casa Blanca Elementary School
Sewer Line - Villegas Park DX -
Por. A.P.N. 230-340-001
EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF RIVERSIDE, a California charter city and municipal corporation, as Grantor(s), grants) to the RIVERSIDE UNIFIED SCHOOL DISTRICT, a public school district duly organized and validly existing under the Constitution and Laws of the State of California, as Grantee, its successors and assigns, an easement and right-of-way for the construction, reconstruction, maintenance, operation, inspection, repair, replacement, relocation, renewal and removal of Sanitary Sewer Facilities, together with manholes, cleanouts, wye branches and all necessary appurtenances, in, under, upon, over and along that certain real property as described in Exhibit "A" attached hereto and incorporated herein by this reference, located in the City of Riverside, County of Riverside, State of California.
TOGETHER WITH the right to clear and keep clear said easement and right-of-way from any structures or trees, to enter upon and to pass and repass over and along said real property, and to deposit tools, implements and other material thereon by Grantee, its officers, agents and employees and by persons under contract with said Grantee and their officers, agents and employees, whenever and wherever necessary for the purpose of constructing, reconstructing,
maintaining, operating, inspecting, repairing, replacing, relocating, renewing and removing said Sanitary Sewer Facilities. Any park improvements including but not limited to lighting, sidewalk, landscape, and irrigation that are damaged by RUSD staff, consultants or contractors within the easement shall be repaired to existing or better condition. The City Parks, Recreation and Community Services Department Director shall be notified by RUSD a minimum of fourteen (14) calendar days prior to commencement of improvements Dated 20_ CITY OF RIVERSIDE,
a California charter city and municipal corporation
By:
Mike Futrell, City Manager
Attest:
Donesia Gause, City Clerk
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
ss
County of
On -, 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.
Notary Signature
EXHIBIT "A"
LEGAL DESCRIPTION
OF
SEWER EASEMENT
BEING A STRIP OF LAND 10.00 FEET WIDE, WITHIN THE NORTHEASTERLY RECTANGULAR ONE HALF OF LOT 3, IN BLOCK 66 OF THE SAYWARD AND EVANS
TRACT, IN THE CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 3, PAGE 2, OF MAPS,
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, SAID LAND BEING PARCEL NO. 1 IN GRANT DEED BETWEEN FRANK A. TETLEY AND MARION TETLEY,
GRANTORS, AND THE CITY OF RIVERSIDE, GRANTEE, AS RECORDED ON FEBRUARY 21, 1941 IN BOOK 491, PAGE 440 OF OFFICIAL RECORDS, RIVERSIDE COUNTY CALIFORNIA, SAID STRIP BEING DESCRIBED AS FOLLOWS;
COMMENCING AT THE MOST EASTERLY CORNER OF CASA BLANCA HEIGHTS SUBDIVISION AS SHOWN ON MAP FILED IN BOOK 5, PAGE 117, RECORDS OF MAPS, RIVERSIDE COUNTY CALIFORNIA;
THENCE NORTH 56°22'03" EAST, ALONG THE NORTHWESTERLY LINE OF LOT 4 IN BLOCK 66 OF SAID SAYWARD AND EVANS TRACT A DISTANCE OF 9.64 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 33°37'57" WEST ALONG A LINE THAT IS PARALLEL WITH AND DISTANT 9.64 NORTHEASTERLY FEET FROM
THE NORTHEASTERLY LINE OF SAID CASA BLANCA HEIGHTS SUBDIVISION, A DISTANCE OF 150.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THE EXTENSION OF BUNKER STREET, DEDICATED TO THE CITY OF RIVERSIDE BY RESOLUTION NO. 8627 RECORDED JULY 23, 1959 IN BOOK 2515, PAGE 204, OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, CALIFORNIA; THENCE NORTH 56°22'03" EAST ALONG SAID SOUTHERLY LINE OF THE EXTENSION OF BUNKER STREET, A DISTANCE OF 10.00 FEET TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT 19.64 FEET
NORTHEASTERLY OF SAID NORTHEASTERLY LINE OF THE CASA BLANCA HEIGHTS SUBDIVISION;
THENCE SOUTH 33°37'57" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET MORE OR LESS, TO AN INTERSECTION WITH SAID NORTHWESTERLY LINE OF LOT 4;
THENCE SOUTH 56°22'03 WEST ALONG SAID NORTHWESTERLY LINE OF LOT 4, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID SEWER EASEMENT CONTAINS 1,500 SQUARE FEET, MORE OR LESS.
SAID EASEMENT IS SUBJECT OF EXISTING RIGHTS OF WAY OR EASEMENTS THAT ARE DISCLOSED IN PUBLIC RECORDS.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY
DIRECTION.
Ala CHalon 12/1/23
ALAN C. HILLWIG, PLS DATE
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RECORDS, RIVERSIDE COUNTY
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SCALE: 1" = 30'
31419 Outer Hwy. 10, Ste. 1-200, Redlands, CA 92373
* No. 5137 * Phone: (888)-626-5137 FILE NO.: 0228-239-C EXP. 6-30-25
STATE S.5A000g 1211123 DATE: AUGUST 1, 2023
OF CALIFORNIA ALAN C. HILLWIG, PLS 5137
LICENSE EXPIRES: 6-30-25 SHEET _1_ OF _1_
EXHIBIT "B"
IMPROVEMENT PLANS
YSMAEL VILLEGAS
COMMUNITY CENTER AND PARK RETROFIT
EMERALD ST. & BUNKER ST. RIVERSIDE, CA 92504
ARCHITECTS, INC
LANDSCAPE ARCHITECTURAL PLANS 278 Men Sound Nerve Unave, Cheera VITte
GENERAL NOTES SITE PLAN VICINITY MAP
SHANT
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PROJECT
SITE
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OWNER/CLIENT: SHEET INDEX
LIoT TITLE SHEET
IRRIGATION PLAN
GO ARCHITECT, INC. 12.01
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ARCHITECT:
Segura Associates, Inc.
CONTACT MS. DEBBIE SHARP
COME ENTER AND PARK RETROFIT
GROANING TITLE TITLE
SHEET
APPROVALS NO. DATE
07117/202
DIG. ALERT
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VOTES FOR UNDERGROUND PIPING FOR PRIVATE HYDRANTS & SPRINKLERS APN 2303-800-02 CAN A CY OF RAISE SS. OF.
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PN 230-350-000
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SUNKER
VERSINE UNIFIED SCHCOL DISTRICT
CASA BLANCA ELEMENTARY SCHOOL
100 10 2L TO GET LATONS 0 3030
SEWER AND WATER SHEET
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