EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-022
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EXHIBIT B
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I N T E R N A T I O N A L
EXHIBIT C
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN
TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY L
APN: 957-09C�-022
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TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
RIP FLAP SLOPE EROSION PROTECTION
CQNSEFVATION EAaMENT
EXHIBIT C
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INTERNATIONAL
FORM OF CONSERVATION EASEMENT
Recording requested by
and when recorded return to:
SPACE ABOVE THIS LINE FOR RECO
CONSERVATION EASEMENT
This CONSERVATION EASEMENT DEED ("Conservation Easement") is made this day of , by Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants ("Grantor"), in favor of ("Grantee"), with reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple of real property containing 4.55 acres, located in the city of Temecula, county of Riverside, state of California, designated Assessor's Parcel Number 957-090-022 (the "Grantor's Property"). The Grantor's Property is legally described on Exhibit A attached hereto and incorporated by this reference. Grantor intends to grant a conservation easement over a 1.17-acre portion of the Grantor's Property (the "Easement Area"). The Easement Area is legally described on Exhibit B and depicted on Exhibit C attached hereto and incorporated by this reference.
B. The Easement Area provides, among other things, compensatory mitigation for unavoidable impacts associated with the Nicolas Road Project by the CITY OF TEMECULA, a municipal corporation ("City"), pursuant to requirements of the following state and Federal approvals (collectively, "Agency Approvals"): [add any additional relevant state and federal approvals] 1.
C. This Conservation Easement is designed to satisfy and is granted in partial satisfaction of the Agency Approvals.
D. Consistent with the terms and conditions of this Conservation Easement, the Easement Area is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). The Conservation Values are of importance to the people of the county of Riverside and the people of the state of California and United States.
i NTD: HELIX Environmental Planning to provide at time of grant of easement. -1-
E. Grantee is authorized to hold conservation easements pursuant to Civil Code Section 815.3 and Government Code Section 65965. Specifically, Grantee is a tax exempt non- profit organization qualified under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualified to do business in California which has as its primary purpose the preservation of land in its natural, scenic, forested or open space condition or use.
F. City has agreed to enter into this Conservation Easement for the purpose of undertaking certain obligations identified herein.
COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS
1. In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and state of California, including California Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee and its successors or assigns, as appropriate, a conservation easement in perpetuity over the Easement Area of the nature and character and to the extent hereinafter set forth. This Conservation Easement shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or users of the Easement Area or any portion of it.
2. Purpose.
a. The purposes of this Conservation Easement are to (i) ensure the Easement Area will be managed and preserved in a Natural Condition, as defined herein, in perpetuity and (ii) prevent any use of the Easement Area that will impair or interfere with the Conservation Values of the Easement Area (the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the Easement Area to such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats.
b. The term "Natural Condition", as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Easement Area, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Easement Area that occur directly as a result of the following activities:
(1) Compensatory mitigation measures, including implementation, maintenance, and monitoring activities (collectively, "Compensatory Mitigation") _ required by the Agency Approvals and as describedin the dated ("Mitigation Plan"), a copy of which is attached as Exhibit D2;
(2) In -perpetuity maintenance ("Long -Term Maintenance") as described in Section 18 herein; or
(3) Activities described in Sections 5 through 8 herein.
C. Grantor represents and warrants that there are no structures or improvements existing on the Easement Area at the time this grant is executed [OR Grantor represents and warrants that the only structures or improvements existing on the Easement Area at 2 NTD: HELIX Environmental Planning to provide at time of grant of easement. -1-
the time this grant is executed consist of [describe] ]3 . Grantor further represents and warrants that there are no other previously granted easements existing on the Easement Area that interfere or conflict with the Purpose of this Conservation Easement as evidenced by the Title Report attached at Exhibit E. The present Natural Condition is evidenced in part by the depiction of the Easement Area attached on Exhibit F, showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. City has delivered further evidence of the present Natural Condition to Grantee consisting of (1) a color aerial photograph of the Easement Area at an appropriate scale taken as close in time as possible to the date this Conservation Easement is executed; (2) an overlay of the Easement Area boundaries on such aerial photograph; and (3) on -site color photographs showing all man-made improvements or structures (if any) and the major, distinct natural features of the Easement Area.
d. If a controversy arises with respect to the present Natural Condition of the Easement Area, Grantor, Grantee, or City or any designees or agents of Grantor, Grantee, and City shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. e. The term "Biological Monitor" shall mean an independent third -party consultant with knowledge of aquatic resources in the Riverside county area and expertise in the field of biology or related field.
3. Grantee's Rights. To accomplish the Purpose of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee:
a. To preserve and protect the Conservation Values of the Easement Area; b. To enter upon the Easement Area and Property in order to monitor compliance with and to otherwise enforce the terms of this Conservation Easement; C. To prevent any activity on or use of the Easement Area that is inconsistent with the Purpose of this Conservation Easement and to require the restoration of such areas or features of the Easement Area that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Easement; d. To require that all mineral, air, and water rights (if any) as Grantee deems necessary to preserve, protect and sustain the biological resources and Conservation Values of the Easement Area shall remain a part of and be put to beneficial use upon the Easement Area, consistent with the Purposes of this Conservation Easement. e. The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement; and f. The right to enhance native plant communities, including the removal of non-native species and the right to plant native trees and shrubs of the same type as currently existing on the Easement Area, or other appropriate native species. Habitat enhancement activities shall not conflict with the preservation of the Natural Condition of the Easement Area or the 3 NTD: To be revised accordingly based on conditions at time of grant of easement. -3-
Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and the approved long-term management plan.
4. City's Rights. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantor hereby grants to the City the following rights:
a The right to enter the Grantor's Property and Easement Area to conduct the activities required under the Agency Approvals and any amendments thereto, and the Mitigation Plan to implement the Compensatory Mitigation requirements, including but not limited to the following activities: (i) remove trash and debris; (ii) excavate and regrade the surface as appropriate for detention and flow of water for wetlands; (iii) eradicate weeds and non-native plants; (iv) install and maintain irrigation system; (v) prepare the site for native seeding and planting, including amending soils; (vi) install native seeds and container plants; and (vii) maintain, restore and monitor the wetlands and buffer area. b Upon receipt of Final Approval (defined in Section 7, below), City's right to enter the Grantor's Property and Easement Area pursuant to Subsection 3(a), above, shall cease.
5. Prohibited Uses. Except as provided in Section 8, any activity on or use of the Easement Area inconsistent with the Purpose of this Conservation Easement is prohibited.
Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Easement Area:
a. Unseasonable or supplemental watering except for habitat enhancement activities described in Subsection 2 g), Subsection 8(b), or the Mitigation Plan; b. Use of chemical fertilizers, pesticides, biocides, herbicides, rodenticides, fungicides or other agents or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species in accordance with Subsection 8(c) of this Conservation Easement;
C. Incompatible fire protection activities except fire prevention activities set forth in Section 8;
d. Use of off -road vehicles and use of any other motorized vehicles except on existing roadways;
e. Grazing or other agricultural activity of any kind;
f Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing;
g. Residential, commercial, retail, institutional, or industrial structures or uses; h Any legal or de facto division, subdivision or partitioning of the Easement Area, including a request for a certificate of compliance pursuant to the California Subdivision Map Act (California Government Code Section 66499.35);
i. Construction, reconstruction, expansion, location, relocation, installation or placement of any building, road, wireless communication cell towers, or any other structure or K!
improvement of any kind, or any billboard, fence, boundary marker or sign, except signs permitted in Subsection 7(c),
j. Dumping soil, trash, ashes, refuse, waste, bio-solids, garbage or any other material;
k. Planting, gardening, introducing or dispersing non-native or exotic plant or animal species;
L Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rocks, sands or other material on or below the surface of the Easement Area, or granting or authorizing surface entry for any of these purposes;
m. Altering the surface or general topography of the Easement Area, including but not limited to any alterations to habitat, building roads or trails, flood control work, or paving or otherwise covering any portion of the Easement Area; except as permitted by the Agency Approvals, or as necessary to implement the Mitigation Plan, or any right reserved in Section 8 or Section 18;
n. Removing, destroying, or cutting of trees, shrubs or other vegetation, except for (1) emergency fire breaks as required by fire safety officials as set forth in Section 8(e), (2) prevention or treatment of disease, (3) control of invasive species which threaten the integrity of the habitat, (4) completing the Mitigation Plan, or (5) activities described in Sections 5 through 8 or Section 18. In the event that activity on the Easement Area is necessary to prevent or treat disease as listed herein, the first priority for action shall be chemical and biological methods. No invasive or non-native species shall be introduced to prevent or treat disease, unless chemical or biological methods have failed to resolve the problem and the County of Riverside Department of Environmental Health, or other agency with authority, determines that no other methods will address the problem. Removal of vegetation to prevent or treat disease shall only be allowed if chemical or biological methods have failed to resolve the problem or upon a showing that removal of vegetation is required on an emergency basis;
o. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Easement Area, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters; P. Creating, enhancing, and maintaining fuel modification zones within the Easement Area (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression) or other activities that could constitute fuel modification zones within the Easement Area;
q. Creation of any encumbrance superior to this Conservation Easement, other than those encumbrances set forth in Exhibit E hereto, or the recording of any involuntary lien (which is not released within sixty calendar days), or the granting of any lease, license or similar possessory interest in the Easement Area which will affect the Conservation Values of the Easement Area; and
r. Any and all activities and uses which may adversely affect the Purposes of this Conservation Easement;
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S. Any use or activity that may violate, or fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the use or activity in question;
t No use shall be made of the Easement Area, and no activity thereon shall be permitted, that may adversely affect the Conservation Values of the Grantor's Property or otherwise interfere with the Purposes of this Conservation Easement. Grantor and Grantee acknowledge that, in view of the perpetual nature of this Conservation Easement, they are unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purpose of this Conservation Easement. Grantee may determine whether (1) proposed uses or proposed improvements not contemplated by or addressed in this Conservation Easement or (2) alterations in existing uses or structures, are consistent with the Purpose of this Conservation Easement.
6. Grantor's Duties. Grantor, its successors and assigns shall:
a. Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Easement Area.
In addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under Section 2 of this Conservation Easement;
b. Cooperate with Grantee, its successors or assigns in the protection of the Conservation Values;
C. Pursuant to Subsection 18(d), below, repair and restore damage to the Easement Area to the extent directly or indirectly caused by Grantor, Grantor's guests, representatives, employees or agents, and third parties within Grantor's control; provided, however, Grantor, its successors or assigns shall not engage in any repair or restoration work in the Easement Area without first consulting with the Grantee or its successor or assigns; and d. Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
7. Grantee's Duties. Grantee shall:
a. Perform at least quarterly compliance inspections of the Easement Area, prepare an annual inspection report that documents the quarterly inspection results; b. Upon receipt of Final Approval, perform the Long -Term Maintenance of the Easement Area as described in Section 18;
c. Pursuant to the requirements of Subsection 18(e), below, repair and restore damage to the Easement Area directly or indirectly caused by Grantee, Grantee's guests, representatives, employees or agents, and third parties within Grantee's control; d. Set aside, hold, invest and disburse adequate Maintenance and Monitoring Endowment funds (described in Section 19) in trust solely for the purposes of preserving the Conservation Values of the Easement Area under this Conservation Easement in perpetuity; Son
e. Have a fiduciary duty to ensure the Maintenance and Monitoring Endowment held in trust for the Easement Area is properly managed in accordance with the terms of the approved endowment agreement; and
f. Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
8. City's Duties. City shall undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until issuance of final approval from the San Diego Regional Water Quality Control Board confirming that City has successfully completed construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan ("Final Approval"). This duty is non -transferable. In addition, City shall:
a.. Pursuant to the requirements of Subsection 18(f), below, repair and restore damage to the Easement Area directly or indirectly caused by City, City's guests, representatives, employees or agents, and third parties within City's control provided, however, City, its successors or assigns, shall not engage in any repair or restoration work on the Easement Area without first consulting with Grantor and Grantee; and
b. Within 90 days of recordation of this Conservation Easement, erect signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions. Prior to erection of such signage, the City shall have its Biological Monitor submit detailed plans showing the location and language of such signs to the Grantee for review.
The erection of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements; and
C. Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; and
d. Upon receipt of Final Approval, City's duties under this Conservation Easement shall cease and City shall have no further obligations whatsoever with respect to the Easement Area; provided, however, City shall have the continuing obligation to protect public health and safety.
9. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area, including the right to engage in or to permit or invite others to engage in all uses of the Easement Area that are not expressly prohibited or limited by, and are consistent with, the Purpose of this Conservation Easement, including the following uses:
a Access. Reasonable access through the Easement Area and Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Conservation Easement.
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b. Habitat Enhancement Activities. Creation and enhancement of native plant communities, including the right to plant native trees and shrubs of the same type as currently existing on the Easement Area, so long as such activities do not harm the habitat types identified in the Agency Approvals or Mitigation Plan. For purposes of preventing erosion and reestablishing native vegetation, the Grantor shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 8, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Easement Area. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements.
C. Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, and permitting requirements.
d No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Grantor's Property not constituting the Easement Area and/or (2) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1) and (2) neither such activity nor any effect resulting from such activity amounts to a use of the Easement Area, or has an impact upon the Easement Area, that is prohibited by Section 4 above. e. Fire Protection. The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Easement Area.
10. Enforcement.
a Right to Enforce. Grantor, its successors and assigns, grant to the State of California a discretionary right to enforce this Conservation Easement in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate this Conservation Easement; provided, however, that no violation of this Conservation Easement shall result in a forfeiture or reversion of title. The State of California shall have the same rights, remedies and limitations as Grantee under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement against City and its successors or assigns under the Agency Approvals, or any rights of the various documents created thereunder or referred to therein. The term "Party" means Grantor. City, or Grantee, as the case may be. Grantor, Grantee, City and any third party beneficiaries, when implementing any remedies under this easement, shall provide timely written notice to each other of any actions taken under this section, including, but not limited to copies of all notices of violation and related correspondence.
b. Notice of Violation. In the event that a Party or its employees, agents, contractors or invitees is in violation of the terms of this Conservation Easement or that a violation is threatened, the non -violating Party and/or third party beneficiaries may demand the cure of such violation. In such a case, the non -violating Party and/or third party beneficiaries shall issue a written notice to the violating Party (hereinafter "Notice of Violation") informing the violating Party of the actual or threatened violations and demanding cure of such violations. The Notice of Violation shall be sent to the other Party and third party beneficiaries listed under Section 16 of this Conservation Easement.
C. Time to Cure. The violating Party shall cure the noticed violation within thirty (30) days of receipt of said written Notice of Violation. If said cure reasonably requires more than thirty (30) days, the violating Party shall, within the thirty (30) day period, submit to the non -violating Party and/or third party beneficiaries, as the case may be, for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. If the violating Party disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the appropriate Party and/or third party beneficiary within thirty (30) days of receipt of written Notice of Violation. d. Failure to Cure. If the violating Party fails to cure the violation within the time period(s) described in Section 9(c), above, or Section 9(e)(2), below, the non -violating Party and/or third party beneficiaries may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by the violating Party with the terms of this Conservation Easement. In such action, the non -violating Party and/or third party beneficiaries may:
(1) Recover any damages to which they may be entitled for violation by the violating Party of the terms of this Conservation Easement or for any injury to the Conservation Values of the Easement Area. The non -violating Party shall first apply any damages recovered to the cost of undertaking any corrective action on the Easement Area. (2) Enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies.
(3) Pursue and obtain other legal or equitable relief, including, but not limited to, the restoration of the Easement Area to the condition in which it existed prior to any such violation or injury. This remedy is expressly available notwithstanding the ability to claim damages as provided for in subdivision (1).
(4) Otherwise enforce this Conservation Easement.
e. Notice of Dispute.
(1) If the violating Party provides the non -violating Party and/or third party beneficiaries with a Notice of Dispute, as provided herein, the non -violating Party and/or third party beneficiaries shall meet and confer with the violating Party at a mutually agreeable place and time, not to exceed thirty (30) days from the date that the non -violating Party and/or third party beneficiaries receive the Notice of Dispute. The non -violating Party and/or third party beneficiaries shall consider all relevant information concerning the disputed violation provided by the violating Party and shall determine whether a violation has in fact occurred and, if so, whether
the Notice of Violation and demand for cure issued by the non -violating Party and/or third party beneficiaries is appropriate in light of the violation. (2) If, after reviewing the violating Party's Notice of Dispute, conferring with the violating Party, and considering all relevant information related to the violation, the non -violating Party and/or third party beneficiaries determine that a violation has occurred, the non -violating Party and/or third party beneficiaries shall give the violating party notice of such determination in writing. Upon receipt of such determination, the violating Party shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, the violating Party shall, within the fifteen (15) day period, submit to the non -violating Party and/or third party beneficiaries for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan.
£ Conflicting Notices of Violation.
(1) If any Party receives a Notice of Violation that is in material conflict with one or more prior written Notices of Violation that have not yet been cured by the Party (hereinafter "Active Notice(s) of Violation") such that the conflict makes it impossible for the Party to carry out the cure consistent with all prior Active Notices of Violation, the Party shall give written notice (hereinafter "Notice of Conflict") to the non -violating Party and/or third party beneficiaries issuing the later, conflicting Notice(s) of Violation. The Party shall issue said Notice of Conflict to the appropriate non -violating Party and/or third party beneficiaries within fifteen (15) days of the receipt of each such conflicting Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity, including a description of how the conflict makes compliance with all Active Notices of Violation impossible. (2) Upon issuing a valid Notice of Conflict to the appropriate non -violating Party and/or third party beneficiaries, as described above, the violating Party shall not be required to carry out the cure described in the conflicting Notice or Notices of Violation until such time as the non -violating Party responsible for said conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent with prior Active Notices of Violation.
Upon receipt of a revised, consistent Notice of Violation, the violating Party shall carry out the cure described in such notice within the time period(s) described in Section 9(c) above.
Notwithstanding Section 9(g), failure to cure within said time period(s) shall entitle the non - violating Party to the remedies described in Section 9(d) and Section 9(h). (3) The failure of the violating Party to issue a valid Notice of Conflict within fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of the violating Party's ability to claim a conflict.
g. Immediate Action. Notwithstanding anything contained herein to the contrary, in the event that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Easement Area, the Party and/or third party beneficiary seeking enforcement pursuant to Section 9(b) above may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Conservation Easement and state and federal law. The non -violating Party may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or Notice of Dispute as described in Section 9(c). The written notice pursuant to this paragraph may be transmitted to the violating Party by facsimile or other means and shall be copied to the other Party and/or third party -10-
beneficiaries listed in Section 16 of this Conservation Easement. The rights of the non -violating Party and/or third party beneficiaries under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. The violating Party agrees that the remedies at law for any violation of the terms of this Conservation Easement are inadequate and that the non -violating Party and third party beneficiaries shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which they may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(g) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in California Civil Code Section 815, et seq., inclusive. h Costs of Enforcement. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions, and restrictions of this Conservation Easement, including without limitation, the costs of suit, and attorney's fees and any costs of restoration necessitated by Grantor or Grantee's negligence or breach of this Conservation Easement, shall be borne by and recoverable against the non -prevailing party in such proceedings. i Enforcement Discretion. Enforcement of the terms of this Conservation Easement by a Party and/or third party beneficiary shall be at the discretion of the Party and/or third party beneficiary, and any forbearance by such Party and/or third party beneficiary to exercise its rights under this Conservation Easement in the event of any breach of any term of the Conservation Easement by a Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non -violating Party and third party beneficiary of such terms or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the rights of the non -violating Party and third party beneficiary under this Conservation Easement. No delay or omission by the non -violating Party and/or third party beneficiaries in the exercise of any right or remedy upon any breach by the violating Party shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conservation Easement creates a non -discretionary duty upon the non -violating Party and/or third party beneficiaries to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against the non -violating Party and/or third party beneficiaries by any third parties.
j. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee, its successors or assigns to bring any action against Grantor, its successors or assigns for any injury to or change in the Easement Area resulting from:
(1) Any natural cause beyond Grantor's control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement; (2) Any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes; provided that once the emergency has abated, Grantor, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency;
(3) Acts by Grantee, City or their employees, directors, officers, agents, contractors, or representatives; or
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(4) Acts of unrelated third parties (including any governmental agencies) that are beyond Grantor's control.
Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. k Acts Beyond Grantee's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor, its successors or assigns to bring any action against Grantee, its successors or assigns for any injury to or change in the Easement Area resulting from:
(1) Any natural cause beyond Grantee's control, including without limitation, fire not caused by Grantee, flood, storm, and earth movement; (2) Any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, Grantee, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency;
(3) Acts by Grantor, City or their employees, directors, officers, agents, contractors, or representatives; or
(4) Acts of unrelated third parties (including any governmental agencies) that are beyond Grantee's control.
Notwithstanding the foregoing, Grantee must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
L Acts Beyond City's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor or Grantee to bring any action against City for any injury to or change in the Easement Area resulting from:
(1) Any natural cause beyond City's control, including without limitation, fire not caused by City, flood, storm, and earth movement; (2) Any prudent action taken by City under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, City promptly takes all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency;
(3) Acts by Grantor, Grantee or their employees, directors, officers, agents, contractors, or representatives; or
beyond City's control.
(4) Acts of third parties (including any governmental agencies) that are -12-
Notwithstanding the foregoing, City must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
In. Use of Maintenance and Monitoring Endowment. If a court of competent jurisdiction determines that there has been a violation of any term of this Conservation Easement:
(1) Funds from the Maintenance and Monitoring Endowment which was created to manage the Easement Area cannot be used to pay damages awarded as part of the judgment; and
(2) Funds from the Maintenance and Monitoring Endowment which was created to manage the Easement Area cannot be used to restore the Easement Area to the condition in which it existed prior to the violation.
11. Access. This Conservation Easement does not convey a general right of access to the public or a general right of access to the Easement Area.
12. Costs and Liabilities.
a [Grantor, its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance (except Long -Term Maintenance pursuant to Section 18) of the Grantor's Property. Grantor agrees Grantee shall not have any duty or responsibility for the operation, upkeep, or maintenance (except for those duties required of Grantee by the Long -Term Maintenance pursuant to Section 18) of the Grantor's Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Grantor's Property. Grantor, its successor or assign, and Grantee each are responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements.]4
b Hold Harmless. Grantor, and its successors and assigns shall hold harmless, protect, defend and indemnify Grantee and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them ("Grantee Indemnified Party" and collectively "Grantee Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims") which are in contravention of this Conservation Easement, arising from or in any way connected with: injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the area of the Grantor's Property not constituting the Easement Area regardless of cause unless caused by the negligence or willful misconduct of any of the Grantee Indemnified Parties.
4 NTD: To be discussed.
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13. Taxes, No Liens. Grantor and its successors and assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Grantor's Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment, if assessed, upon request. Grantor, Grantee, and their successors and assigns shall keep the Easement Area free from any liens. Should either Grantor's work or Grantee's work in or upon the Easement Area result in a lien on the Easement Area Grantor or Grantee, as the case may be, shall take all steps required to have said lien removed from the Easement Area.
14. Condemnation. Pursuant to California Code of Civil Procedure section 1240.055, this Conservation Easement is "property appropriated to public use," as used in Article 6 (commencing with section 1240.510) and Article 7 (commencing with section 1240.610) of Chapter 3 of Title 7 of the California Code of Civil Procedure. A person authorized to acquire property for public use by eminent domain shall seek to acquire the Easement Area, if at all, only as provided in California Code of Civil Procedure section 1240.055. If any person seeks to acquire the Easement Area for public use, Grantee shall comply with all obligations of the holder of a conservation easement under California Code of Civil Procedure section 1240.055. If the Conservation Easement is condemned, the net proceeds from the condemnation shall be used in compliance with California Government Code section 659660). In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Conservation Easement by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Conservation Easement (whether fee, leasehold, or otherwise) in and to the Conservation Easement to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain, Grantor, its successors and assigns shall retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance (except Long -Term Maintenance pursuant to Section 19) of the Grantor's Property.
15. Subsequent Transfers.
a By Grantee. This Conservation Easement is transferable by Grantee, but Grantee may assign its rights and delegate obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to California Civil Code Section 815.3 and California Government Code Section 65965-65968 (or any successor provision(s) then applicable) and only with the prior written approval of Grantor.
Grantee shall give Grantor at least sixty (60) days prior written notice of the proposed assignment or transfer. Grantee shall record the assignment in the county of Riverside. The failure of Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforcement in any way. Unless otherwise agreed by Grantor and Grantee, along with such transfer of this Conservation Easement, Grantee shall transfer any funding remaining in the Maintenance and Monitoring Endowment and Legal Enforcement and Defense Endowment it is then holder for purposes of this Conservation Easement to a qualified endowment holder under California Government Code section 65965 et seq., after satisfying all outstanding contracts and obligations on those funds. Any transfer under this Section is subject to the requirements of Subsection 22(n).
b. Dissolution of Grantee. Grantee shall immediately transfer the Conservation Easement and deliver any Maintenance and Monitoring Endowment and Legal -14-
Enforcement and Defense Endowment funds it is then holding for purposes of this Conservation Easement, to an entity or other non-profit organization in accordance with Subsection 14(a), if any of the following occurs:
(1) Grantee dissolves;
(2) Grantee is the subject of a voluntary or involuntary petition in bankruptcy;
(3) Grantee is unable to carry out its obligations under this Conservation Easement; or
(4) The Grantor reasonably determines that the Maintenance and Monitoring Endowment held by Grantee, or its successor entity, are not being held, managed, invested, or disbursed for conservation purposes and consistent with this Conservation Easement and legal requirements.
C. By Grantor.
(1) The covenants, conditions, and restrictions contained in this Conservation Easement are intended to and shall run with the land and bind all future owners of any interest in the Easement Area. Grantor, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Conservation Easement in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Easement Area, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Conservation Easement. Grantor, its successor and assign agrees to give written notice to Grantee of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. The failure of Grantor, its successor or assign, or Grantee to perform any act provided in this Section 14 shall not impair the validity of this Conservation Easement or limit its enforceability in any way, and Grantor, its successors or assigns assume any liability relating to transfer(s) or assignment(s) to bona fide purchasers without notice of the existence or terms of this Conservation Easement. Any transfer under this Section is subject to the requirements of Subsection 22(n).
(2) From and after the date of any transfer of all or any portion of the Easement Area by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Grantor as to the portion transferred, as set forth in this Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for any obligations pursuant to Subsection 22(g), and (iv) all references to Grantor in this Conservation Easement shall thereafter be deemed to refer to such transferee.
16. Additional Interests. Grantor, its successors and assigns shall not change any existing easements or other existing interests in the Easement Area or grant additional easements or other interests in the surface or subsurface of the Easement Area, or interest of any type (other than a security interest that is subordinate to this Conservation Easement), or grant or otherwise abandon any water agreement relating to the Easement Area, without first obtaining the written consent of Grantee. Grantee may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the purposes of this Conservation Easement or may impair or -15-
interfere with the Conservation Values of the Easement Area. This section shall not prohibit transfer of a fee or leasehold interest in the Easement Area that is subject to this Conservation Easement Deed and complies with Section 14, as applicable. Grantor, its successors and assigns shall record any additional easements or other interests in the Official Records of Riverside County, California and shall provide a copy of the recorded document to Grantee.
17. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing:
To Grantor:
To Grantee:
To City:
If the Conservation Easement is assigned, the assignment document shall update the Notices provisions. When the underlying fee for the Easement Area is conveyed, the successor shall record a document entitled Conservation Easement/Change of Notices Provisions.
18. Amendment. Grantor, Grantee, and City (while City is a party to this Conservation Easement) may amend this Conservation Easement only by mutual written agreement. Any such amendment shall be consistent with the Purpose of this Conservation Easement and shall not affect its perpetual duration. Grantor shall record any amendments to this Conservation Easement approved by the Grantee in the official records of Riverside County, California and shall provide a copy of the recorded document to the Grantee.
19. Long -Term Maintenance.
a. Grantee's Responsibilities for Maintenance and Management. Grantee, its successors and assigns shall be responsible for in -perpetuity, ongoing, long-term maintenance and management of the Easement Area. Grantee, its successors and assigns shall be responsible for in -perpetuity, ongoing, long-term maintenance and management of the Easement Area in accordance with the "Nicolas Road/Calle Girasol Intersection Improvements Project Long-term Management Plan" prepared by HELIX Environmental Planning dated August 2020. A copy of the title page is attached at Exhibit G.
b. Restoration Responsibilities. Grantor, Grantee, City, and their successors and assigns shall each individually be obligated to repair, remediate, or restore the Easement Area -16-
damaged by any activities prohibited by Section 4 herein to the extent Grantor, Grantee, City, and/or their successors and assigns is responsible therefor.
C. Annual Reporting. Grantee, its successors and assigns shall prepare an annual monitoring and maintenance report documenting activities performed under Subsection 18(a) above, and shall make such report available to the Grantor upon request. d. Grantor Restoration. When activities are performed pursuant to Subsection 18(b) and to the extent Grantor is responsible, Grantee, its successors and assigns, shall retain, at Grantor's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantee shall have its Biological Monitor submit a draft Restoration Plan to Grantor for review prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report, and Grantee shall make the report available to Grantor within thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. Grantor shall be responsible for compensating and/or reimbursing Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice. a. Grantee Restoration. When activities are performed pursuant to Subsection 18(b) for which Grantee is responsible, Grantee shall retain, at Grantee's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. b. City Restoration. When activities are performed pursuant to Subsection 18(b) for which City is responsible, Grantee shall retain, at City's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities.
Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report. Grantee, its successors or assigns, and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. City shall be responsible for compensating and/or reimbursing Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice.
C. Force Ma'el ure. [TO BE DISCUSSED].
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20. Funding.
a Initial Financing Requirement. Concurrent with recordation of this Conservation Easement, City shall pay to Grantee Dollars ($ .00) ("Initial Financial Requirement"), which Initial Financial Requirement is for the purpose of reimbursing Grantee for its cost and expenses incurred in connection with its acceptance of the Conservation Easement, and for fulfilling certain of Grantee's obligations hereunder for up to the first three (3) years following the date of this Conservation Easement. b. Permanent Endowment. In addition to the Initial Financial Requirement and in accordance with the endowment agreement, concurrent with recordation of this Conservation Easement City shall pay to Grantee an endowment in the amount of Dollars ($ .00) ("Maintenance and Monitoriniz
Endowment"). The Endowment is for the purpose of fulfilling Grantee's obligations under this Conservation Easement.
C. Legal Enforcement and Defense Endowment. Prior to the recordation of this Conservation Easement, City shall pay to Grantee a legal enforcement and defense endowment in the amount of dollars ($ .00) ("Legal Enforcement and Defense Endowment").
21. Recordation. Grantee shall promptly record this instrument in the official records of Riverside County, California and immediately notify the Grantor through the mailing of a conformed copy of the recorded easement. Grantee may re-record it at any time as Grantee deems necessary to preserve its rights in this Conservation Easement.
22. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute and deliver to Grantor, its successors and assigns any document, including an estoppel certificate, which certifies compliance with any obligation of Grantor, its successors and assigns contained in this Conservation Easement and otherwise evidences the status of this Conservation Easement as may be requested by Grantor, its successors and assigns.
23. General Provisions.
a Controlling Law. The laws of the United States and the state of California, disregarding the conflicts of law principles of such state, shall govern the interpretation and performance of this Conservation Easement.
b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of and to accomplish the Purpose of this Conservation Easement and the policy and purpose set forth in California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid.
C. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances.
d. Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 17. e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.
f Successors and Assigns. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Easement Area. g. Termination of Rights and Obligations. Provided the transfer was consistent with the terms of this Conservation Easement, a parry's rights and obligations under this Conservation Easement shall terminate upon transfer of the party's interest in the Conservation Easement or Easement Area, except that liability for acts or omissions occurring prior to transfer shall survive transfer.
h Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation.
i. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. j. Exhibits. All Exhibits referred to in this Conservation Easement are attached and incorporated herein by reference.
k No Hazardous Materials Liability.
(1) Grantor represents and warrants to Grantee it has no knowledge or notice of any Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Grantor's Property, or transported to or from or affecting the Grantor's Property. (2) Without limiting the obligations of Grantor herein, Grantor hereby releases and agrees to indemnify, protect, defend and hold harmless the Grantee Indemnified Parties (defined in Subsection I I (b)) against any and all Claims (defined in Subsection I I (b)) arising from or connected with any Hazardous Materials present, alleged to be present, or otherwise associated with the Grantor's Property at any time, except that this release and indemnification shall be inapplicable to Grantee Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by Grantee Indemnified Parties. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below)
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(3) Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives Grantee any of the following:
(i) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); (ii) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4);
(iii) The obligations of a responsible person under any applicable Environmental Laws;
(iv) The right to investigate and remediate any Hazardous Materials associated with the Grantor's Property unless said investigation or remediation is related to the investigation or remediation of the Easement Area; or (v) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Grantor's Property unless said investigation or remediation by Grantor is related to the Easement Area. (1) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof, and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA; Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Conservation Easement.
(2) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor and Grantee represents, warrants and covenants to each other that Grantor and Grantee's activities upon and use of the Easement Area will comply with all Environmental Laws.
1. Extinguishment. If circumstances arise in the future that render the Purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction.
In. Warranty. Grantor represents and warrants that Grantor is the sole owner of fee simple title to the Grantor's Property; that the Grantor's Property is not subject to any other conservation easement; and there are no outstanding mortgages, liens, encumbrances or other interests in the Grantor's Property (including, without limitation, water and mineral interests) that -20-
may conflict or are otherwise inconsistent with this Conservation Easement and which have not been expressly subordinated to this Conservation Easement by a written, recorded Subordination Agreement approved by Grantee.
n. No Merger. The doctrine of merger shall not operate to extinguish this Conservation Easement if the Conservation Easement and the Easement Area become vested in the same party. If, despite this intent, the doctrine of merger applies to extinguish the Conservation Easement then, unless Grantor and Grantee otherwise agree in writing, a replacement conservation easement containing the same protections embodied in this Conservation Easement shall be recorded against the Easement Area.
o. Change of Conditions. If one or more of the Purposes of this Conservation Easement may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Conservation Easement as long as any other purpose of the Conservation Easement may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. Grantor and Grantee agree that global warming and climate change -caused effects shall not be a basis for termination of this Conservation Easement.
[REMAINDER LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, Grantor, Grantee, and City have executed this Conservation Easement the day and year first above written and have agreed to be bound by the terms and provisions hereof.
GRANTOR [notarization required]:
LAM NGO AND HUYEN LAM TRAN,
husband and wife as joint tenants
Lam Ngo, joint tenant
Huyen Lam Tran, joint tenant
CITY [notarization required]
CITY OF TEMECULA,
a municipal corporation
By:
Aaron Adams, City Manager
ATTEST:
By:
Randi Johl,
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson,
City Attorney
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CERTIFICATE OF ACCEPTANCE
This is to certify that the Conservation Easement by , a corporation, dated , to is accepted by the
undersigned officers on behalf of Grantee.
GRANTEE [notarization required] :
By:_
Name:
Title:_
Date:
Attest:
By:
Name:
Title:
Date:
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Roripaugh Project OrderNo.: 989-25008238-A-SG4
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18022, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 957-090-022-2
EXHIBIT A
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EXHIBIT B
LEGAL DESCRIPTION OF CONSERVATION EASEMENT
APN- 957-09D-022
NG01TRAN PROPERTY
That portion of Parcel 3 of Parcel Map No. 18022, in the City of Temecula. County of Riverside, State of Calkforn1a, as shown on the Map recorded in Book 112, Pages 28 and 29 of Parceh Maps, in the Office of the County Recorder of said Riverside County. described as follows:
COMMENCING at the southwesterly corner of said Parcef 3, said point being on the northerly Right of Way line of Nicolas Road (55.00 foot half -width):
Thence along the westerly line of said Parcel 3 North 09°10'13" West 45.00 feet to the TRUE POINT OF BEGINNING.
Thence continuing along said westerly Iine North 09'1013" We$1 7p-48 feet; Thence leaving said westerly line North 49°27'43" East 324.31 feet; Thence North 81.24'24" East 39.37 feet ID the easterly line of said Parcel 3; Thence along said easterly fine South 08'10'35" East 144.72 feet, Thence leaving said easterly line South 82'07'37" West 31.88 feet.
Thence South 08"42'10" East 111.13 feet:
Thence South 83°17'39" West 76.48feet:
Thence South 85'24'51' West 152.81 feet.
Thence South 81'3616" West 52.27 feet to the TRUE POINT OF BEGfNNING.
Containing 1.17 Acres. or 51.003 Square Feet, more or less This description was prepared
by me or under my direction. ;❑ a� � rr �r �
J
U0Q p
4 OUd{lETTE �
Date: 11- u * No. 758E
Jo . Duquette, p 7566 IPA }e
OR,
Michael baker International September 2, 2020
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1
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EXHIBIT C
DEPICTION OF CONSERVATION EASEMENT
CONSERVATION EASEMENT
APN; 957-090-022
NGO/TRAN PROPERTY
DATA TABLE
BEARING/DELTA
LENGTH
1 Nag, 10,13"w
75.00 2
N09'10'13"w
70.48'
3 N49'27'43"E
324.31
4 N81'24'24"E
39-37'
5 N0$°10'35"w
144.72'
6 N82'07'37"E
31.88'
7 N08"42'10
13 $
N93'17'39 E
76-48
N85 24'51"E
152.81'
10 N81'36'16'E
52727
Ct1
b
60 30 0 5C
SCALE: 1"=60'
'z0 �Xv
,1
?4Z
p� LAr�q
?Q —
'566) QL U�pQUETTE / 4
TPOB
r UL
W
POC = POINT OF COMMENCEMENT SHEET 1 OF 1
TPOB = TRUE POINT OF AEG 1 NN I h1G
( ) = INDICATES RECORD DATA PER Michael Baker
PSI 18022, PM13 1 12/28-29 1 N T E R N A T I O N A L
EXHIBIT C
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EXHIBIT D
MITIGATION PLAN
[To Be Attached]
EXHIBIT D
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EXHIBIT E
TITLE REPORT
[To Be Attached]
EXHIBIT E
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EXHIBIT F
CURRENT NATURAL CONDITION OF THE EASEMENT AREA
[To Be Attached]
EXHIBIT F
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EXHIBIT G
COVER PAGE OF LONG-TERM MANAGEMENT PLAN
[To Be Attached]
EXHIBIT G
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EXHIBIT TWO
NAVEJAR PROPERTY DOCUMENTS
FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-090-023 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND
COVENANT FOR CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS This Grant of Temporary Construction Easement Agreement and Covenant for Construction of Permanent Improvements ("TCE Agreement and Covenant") is entered into as of , by and between Isaac G. Navejar and Isabel L. Navejar, as co -Trustees of The Navejar Living Trust, U/A dated July 18, 2019 (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("01y").
RECITALS
WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-090-023 ("Grantor's Property") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference.
WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 31,168 square foot Temporary Construction Easement with a term of -2-
twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein.
WHEREAS, portions of Grantor's Property are located in the floodway and based on said location, it is necessary for the City to construct certain permanent improvements on Grantor's Property in connection with the Project, including but not limited to the installation of riprap slope -erosion protection, which are more particularly described below. Grantor acknowledges receipt of a copy of the proposed plans for the Project and desires to authorize the City to construct said permanent improvements on Grantor's Property.
NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 31,168 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description Temporary Construction Easement" and depicted on EXHIBIT B labeled "Depiction of Temporary Construction Easement — APN: 957-090-023, Navejar Property". EXHIBIT A and EXHIBIT B are attached to this TCE Agreement and Covenant are incorporated herein by this reference.
2. Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement.
3. Scope of Temporary Construction Easement.
a. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. b. City and City Designees also have the right to use the Temporary Construction Easement area to construct the permanent improvements described more particularly in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property.
4. No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released -3-
and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal.
5. Covenant Running with the Land — Covenant for Construction of Certain Permanent Improvements on Grantor's Property. Grantor hereby covenants and agrees that in consideration for payment of compensation from the City and for other good and valuable consideration, the City and the City Designees also have the right to construct certain permanent improvements on portions of the Temporary Construction Easement area, including, without limitation, riprap slope -erosion protection, described more particularly in EXHIBIT C, which is attached hereto and incorporated herein by this reference. Grantor agrees and acknowledges that City and City Designees will have no responsibility for maintenance of the permanent improvements described in EXHIBIT C hereto after the City's construction of the Project and that Grantor is solely responsible for all costs of maintenance of said permanent improvements. This covenant for construction of certain permanent improvements described on EXHIBIT C hereto in the area of the Temporary Construction Easement is a covenant running with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors, and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and acknowledges that the Covenant for Construction of Certain Permanent Improvements contained in this TCE Agreement and Covenant will be recorded in the Official Records of the County of Riverside, California.
6. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) twelve (12) months after the Commencement Date or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement and Covenant.
7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement and Covenant. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
a. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) General Liability Form No. CG 00 01 1185 or 88.
so
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000).
C. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.
(2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it.
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(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.
(4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy.
(7) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
d. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City.
Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
f. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. City's Obligations on Termination of Term of Temporary Construction Easement.
The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. Grantor acknowledges that the permanent improvements constructed in the area of the Temporary W
Construction Easement and described in Exhibit C will remain on Grantor's Property after the construction of the Project.
9. Maintenance of Permanent Improvements on Grantor's Property. Upon the expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and expense, operate, maintain, repair and replace (as applicable) the permanent improvements constructed on Grantor's Property within the Temporary Construction Easement area described on Exhibit C hereto and all installations connected thereto, in good condition and repair and otherwise in compliance with all applicable laws.
10. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Isaac G. Navejar and Isabel L. Navejar, as co - Trustees
39622 Liefer Road
Temecula CA 92591
Telephone: Not Available
Attention: Vanessa Ugalde
Email: [email protected]
11. Miscellaneous Provisions.
a. Any amendments to this TCE Agreement and Covenant must be in writing and duly executed by both Grantor and the City.
b. This TCE Agreement and Covenant will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. This TCE Agreement and Covenant contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of -7-
certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property.
d. Except as otherwise provided herein, the provisions of this TCE Agreement and Covenant will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
e. This TCE Agreement and Covenant may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
f. Each party has reviewed this TCE Agreement and Covenant and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement and Covenant or any amendments or exhibits thereto.
g. If any part, term or provision of this TCE Agreement and Covenant is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement and Covenant did not contain the particular part, term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement and Covenant as of the date set forth above.
Dated: GRANTOR
ISAAC G. NAVEJAR, as Co -Trustee of
THE NAVEJAR LIVING TRUST,
U/A DATED JULY 18, 2019
ISABEL L. NAVEJAR, as Co -Trustee of
THE NAVEJAR LIVING TRUST,
U/A DATED JULY 18, 2019
Dated: CITY OF TEMECULA,
a municipal corporation
Aaron Adams, City Manager
ATTEST:
M.
Randi Johl,
Director of Legislative Affairs, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson,
City Attorney
In
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 , before
(insert name of notary)
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 of Notary:
(Seal)
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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 , before me, ,
(insert name of notary)
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 of Notary: (Seal)
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EXHIBIT I
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
EMQBIT A
LEGAL ❑ECRIPTION
THE L-XD- REFERRED TO HEREIN BELOW IS SIT[:ATED IN THE GTI'Y OF TFAMCULA, DV THE C'OU-N Y OF R- TF.RSIDE, STATE OF CALIFORNL4, AND IS DESCRIBED AS FOLLOWS - PARCEL 4 OF PARCEL MAP 18022, IN TEE MY OF TEMECLZA COUNTY OF RRTRSIDE, STATE OF CALIFOR LA, AS SHOWN BY MAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS. RIVERSIDE COL-ITY RECORDS_
APN: 957-09"23
EXHIBIT 1
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EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A TO EXHIBIT B
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
That portion of Parcel 4 of Parcel Map No. 18022, in the City of Temecula_ County of Riverside.
Slate of California, as shown on the map recorded in Book 1 124 Pages 28 and 29 of Parcel Maps. in the Office of the County Recorder of said Riverside County, described as foliaws:
BEGINNING at the southeasterly corner of said Parcei 4, said point being on the northerly Right of Way line of Nicolas Road (55.00 foot half -width):
Thence along the easterly line of said Parcel 4 North 09'1013" West 107.45 feet; Thence leaving said easterly line South 49'1117" West 0.92 feet:
Thence South 49°01'49" West 103.63 feet;
Thence South 70°04'10" West 126.67 feet;
Thence South 73"53'38" West 67.95 feet;
Thence South 20°49'47" West 46.75 feet to the westerly line of said Parcel 4- Thence along said westerly line and the southerly line of said Parcel 4 South 06°32'34" East 12.12 feet,
Thence South 53°38'2V East 33.78 fee# to the
Thence North 81'36'16" East 281.06 feet to the POINT OF BEGINNING.
Containing 0.72 Acres, or 3 1, 168 Square Feet: more or less This description was prepared
by me or under my direction.
Date' g?l zo
Jo R. Duquette LS 7566
Michael Baker International
40810 County Centel Drive, Suile 200
Temecula, CA 92591
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EXHIBIT A
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EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
A hk 9 7-090-023
NAVEJAR PROPERTY
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SCALE: 1"=60'
F� = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) _ INDICATES RECORD DATA PER
PM NO 18022, FMB 112/28-29
EXHIBIT B
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DATA TABLE
BEARING/DELTA
LENGTH
1 N49'11'17'E
0.92 2
N49*O1'49"E
103,63'
3 N70'04'10-E
126-67'
4 h17.3'53' 38"E
67.95'
46.75'
5 N20 49'WE
6 ND6'Z2'34 W
12.'2'
7 P;53°38'21"ri
;3 T8'
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IN T E R NAT I ON At
EXHIBIT C
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED ON
PORTION OF GRANTOR'S PROPERTY
APN. 957-090-023
NAVEJAR PROPERTY
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64 30 0 sO NICOLAS ROAD
SCALE: 1 -60'
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TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
RIP RAP SLOPE EROSION PROTECTION
EXHIBIT C
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INTERNATIONAL
EXHIBIT THREE
GARCIA PROPERTY DOCUMENTS
EXHIBIT THREE — GARCIA DOCUMENTS
FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND
COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-150-005 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR
CONSTRUCTION OF PERMANENT IMPROVEMENTS
This Grant of Temporary Construction Easement Agreement ("TCE Agreement") is entered into as of , by and between Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia, as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City").
RECITALS
WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California, identified as Riverside County Tax Assessor's Parcel Number 957-150-005 ("Grantor's Property"); described more particularly in Exhibit 1 attached hereto and incorporated herein by this reference_ WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 31,520 square foot Temporary Construction Easement with a term of twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein.
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NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 31,520 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description Temporary Construction Easement" and depicted on EXHIBIT B labeled "Depiction of Temporary Construction Easement — APN 957-150-005, Garcia Property". EXHIBIT A and EXHIBIT B are attached to this TCE Agreement are incorporated herein by this reference. 2 Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement.
3. Scope of Temporary Construction Easement. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project.
4 No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal.
5. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) Twelve (12) months after the date on which the City provides to Grantor written notice of the City's commencement of the construction of the Project or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the -3-
Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement.
6. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
a. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) General Liability Form No. CG 00 01 1185 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000).
C. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
In
(1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.
(2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.
(4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy.
(7) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
d. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City.
Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on -5-
forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
f. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
7. City's Obligations on Termination of Term of Temporary Construction Easement.
The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project.
8. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Jose Leonardo Garcia and Mayerling Alida
Monteros-Garcia, as joint tenants
31270 Tommy Lane
Temecula, CA 92591
Telephone: Not Available
Attention: Not Available
Email: [email protected]
10. Miscellaneous Provisions.
IM
a. Any amendments to this TCE Agreement must be in writing and duly executed by both Grantor and the City.
b. This TCE Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. This TCE Agreement contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property.
d Except as otherwise provided herein, the provisions of this TCE Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
e. This TCE Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
f. Each party has reviewed this TCE Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement or any amendments or exhibits thereto.
g. If any part, term or provision of this TCE Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement did not contain the particular part, term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement as of the date set forth above.
Dated:
Dated:
JOSE LEONARDO GARCIA AND
MAYERLING ALIDA MONTEROS-GARCIA,
as joint tenants
Jose Leonardo Garcia, joint tenant
Mayerling Alida Monteros-Garcia, joint tenant
CITY OF TEMECULA,
a municipal corporation
By:
Matt Rahn
Mayor
ATTEST:
By:
Randi Johl,
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson,
City Attorney
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 , before
(insert name of notary)
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 of Notary:
10 (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
On , before me, ,
(insert name of notary)
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 of Notary: (Seal)
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EXHIBIT I
DESCRIPTION OF GRANTOR'S PROPERTY, LEGAL DESCRIPTION
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Roripaugh Project Order No.: 989-25008257-A-SG4
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP 13678, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 73, PAGE(S) 65 AND 66 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY.
EXCEPTING THEREFROM THE MOBILE HOME OR MANUFACTURED HOUSING UNIT AND APPURTENANCES, IF ANY, LOCATED ON SAID LAND.
APN: 957-150-005
EXHIBIT I
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EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-150-005, GARCIA f R ERTY
That portion of Parcel 1 of Parcel Map No. 13578, in the City of Ternecon, County of Riverside, Mate of California, as shown on the map recorded in Book T3, Pages 85 and $;� of Pzircel Maps, in the Office of the County Recorder of said Riverside County, described as follows:
COMM ENCINfi at the Centerline Intersection of Nicolas Road and Cal le Girasol 8s shown on said Pa roe] Map Na. 13678;
Thence along the Centerline of said Woolas Road North 65°58'34' East 146.35 feet; Thence leaving said Centerline South 24'01'26- East 55.00 feet to the northwesterly line of said Parcel 1, said poi n t bei ng th a TRU E POINT OF B FG IN Ni NG:
Then r..e along said norhwesterly line North 65°58'34' East 20.07:
Thence leaving said northwesterly line South 24°01'26" Fast 39,89 feet:
Thence South 09'18'59' East 134.69 feet_
Thence South 12°18'15" Vest 43.83 feet;
Thence South 16'30'15" East 78.62 feet;
Thence South 06`25'33" VVes1 29.42 feet,
Thence South 33'35-08' West 41.42 feet;
Thence South 6r59'24" Wesl 16.44 feet to the southwesterly line of said Parcel 1; Thence along said Southwesterly and the northwesterly lines of said Parcel 1 North 24'00'36" Wast 305.98 feet;
Thenfle North 23"32'46' East 3 3.9 7 feet;
Thence North 65"58'34' East 91-36 feet to the TRUE POINT OF SEfiINNING.
Containing 0.72 Acres, or 31,520 Square Feet. more or less This description was prepared by me or under my direction. �`� Jo� a � a ou❑u
ie NO. T
LP
Date; ) E '
R Duquette L 566 Gay
Michael Baker International May 1. 2020
40810 County Center Drive, Suite 2-130 JN 175051
Ternectila, GA 92591 Page 1 of 1
EXHIBIT A
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EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
3c "
60 30 0 60
SCALE: 1 %60'
APN: 957-150-005
GARCIA PROPERTY
�z P l -
EXHIBIT B
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DATA TABLE
BEARING/DELTA
LENGTH
1 N24'01'26'W
55.W,
2 iU65 58'34"E
2M7'
3 N24 01 26 W
39.89'
4 N09'18'59'W
134.69'
5 N12'18'16"E
43.83'
6 N16'34'15"W
76.62 7
N06'25'33"E
29.42'
$
N33"35'05"E
41_42'
9 N65°59'24"E
16.44'
10 N23'22'06"E
33.97'
11 N65'58'34"E
91.36'
POC = POINT OF COmmENCEmENT
TPOB = TRUE POINT OF BEGINNING
[ } = INDICATES RECORD DATA PER
PM 13678, PmS 73/85-a6
� 30HH R. p
� OUQU£7TE p
* N6, T5fiG
SHEET 1 OF 1
INTERHAT10NAL
EXHIBIT C
[NOT USED]
EXHIBIT C
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FORM OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-150-005 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
AGREEMENT
This Grant of Permanent Maintenance and Access Easement Agreement ("PME Agreement") is entered intoas of , by and between Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia, as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City").
RECITALS
WHEREAS, Grantor is the record fee owner of the real property commonly known as the Garcia Property, in the City, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-150-005 ("Grantor's Property').
WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS, Grantor desires to grant to the City a permanent maintenance and access easement, to facilitate maintenance of the public street and related improvements in connection with extending Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS, in connection with the Agreement, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 26,957 square foot permanent -1-
maintenance and access easement on Grantor's Property in order for the City to maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense.
NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor and the City agree as follows:
1. Grantor hereby grants to the City an approximate 26,957 square foot perpetual, non- exclusive permanent maintenance and access easement ("permanent maintenance and access easement") on Grantor's Property to access, construct, and maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense. The permanent maintenance and access easement is described more particularly on Exhibit A labeled "Legal Description Permanent Maintenance and Access Easement" and depicted on Exhibit B labeled "Depiction of Permanent Maintenance Easement — APN 957-150-005, Garcia Property". Exhibit A and Exhibit B are attached to this PME Agreement and are incorporated herein by this reference.
2. The City shall act as "Maintenance Manager" under this PME Agreement.
Maintenance Manager shall have the right to retain third -party contractors to carry out the duties of Maintenance Manager; provided, however, Maintenance Manager shall not be relieved of its obligations hereunder as a result thereof. The City will bear the cost of any such third -party contractor(s).
3. City Obligations. -
a City shall operate, maintain, repair, restore, replace and make necessary improvements to the permanent maintenance and access easement area. Such maintenance and repair shall include, without limitation, the following:
(1) maintenance of the surface of the improvements located within the permanent maintenance and access easement area in a clean and safe condition, including the paving and repairing or surfacing and resurfacing of such area when necessary with the type of material originally installed therein, or such substitute therefor as shall in all respects be equal thereto in quality, appearance and durability; the removal of debris and waste materials and the washing or sweeping of paved areas as required; and the painting and repainting of the center line dividers, striping, markers and signs as required.
(2) cleaning, maintaining and re-lamping of any external lighting fixtures and related fixtures located within the permanent maintenance and access easement area; (3) performance of necessary maintenance of all landscaping as required anywhere within the permanent maintenance and access easement area, including without limitation re -vegetation and all other applicable governmental or quasi -governmental authorities of which City has actual knowledge, the trimming, watering and fertilization of all grass, ground cover, shrubs and trees, removal of dead or waste material and replacement of any dead or diseased grass, ground cover, shrubs or trees; and
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(4) the construction of such additional capital improvements to the permanent maintenance and access easement area and repair and replacement of such additional capital improvements as may be necessary or appropriate from time to time. b. City shall operate and maintain the permanent maintenance and access easement area in a neat, orderly and safe condition and in such a manner as to enhance its appearance, maintain established slope ratios, prevent erosion or sliding problems, and to facilitate the orderly discharge of water through drainage systems and facilities established over the Project.
No structure, planting or other material shall be placed or permitted to remain, or other activities undertaken on any area within the permanent maintenance and access easement area which might create erosion or sliding problems, or interfere with established or existing natural drainage systems or facilities.
C. Prior to entry on the area of the permanent maintenance and access easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the permanent maintenance and access easement by or activities of City's contractor pursuant to this PME Agreement. Such insurance will be maintained in force during the term of the permanent maintenance and access easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
d Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) General Liability Form No. CG 00 01 1185 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.
e. Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
-3-
(2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000). (5) Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(a) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (b) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it.
(c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.
(d) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(e) Each insurance policy required by this PME Agreement shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (f) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy.
ME
(g) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
(h) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements.
0 Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
0) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
£ Each party waives any right of recovery against the others for damage, injury or loss covered by the insurance required to be maintained under the PME Agreement.
Subject to the preceding sentence, each party shall be liable for any damage caused to the permanent maintenance and access easement area, or to any of the equipment or improvements thereon, which may be sustained by reason of the negligence or willful misconduct of such party, its employees, agents, members, contractors, invitees and/or guests.
4. The City, at its sole costs, will operate, maintain, repair, restore, and improve the permanent maintenance and access easement area.
5. The City agrees to keep the permanent maintenance and access easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the permanent maintenance and access easement in connection with the maintenance of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the permanent maintenance and access easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal.
6. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States -5-
mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Jose Leonardo Garcia and Mayerling Alida
Monteros-Garcia, as joint tenants
31270 Tommy Lane
Temecula, CA 92591
Telephone: Not Available
Attention: Not Available
Email: Not Available
7. Miscellaneous Provisions.
a. Any amendments to this PME Agreement must be in writing and duly executed by both Grantor and the City.
b. This PME Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. This PME Agreement contains the entire agreement between the Grantor and the City regarding the permanent maintenance and access easement. d. Except as otherwise provided herein, the provisions of this PME Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
e. This PME Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
£ Each party has reviewed this PME Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this PME Agreement and that any rule of construction to the effect that ambiguities are to be resolved against I on
the drafting party will not apply in the interpretation of this PME Agreement or any amendments or exhibits thereto.
g. If any part, term or provision of this PME Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this PME Agreement did not contain the particular part, term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
-7-
IN WITNESS WHEREOF, the Grantor and the City have entered into this PME Agreement as of the date set forth above.
Dated:
Dated:
JOSE LEONARDO GARCIA AND
MAYERLING ALIDA MONTEROS-GARCIA,
as joint tenants
Jose Leonardo Garcia, joint tenant
Mayerling Alida Monteros-Garcia, joint tenant
CITY OF TEMECULA,
a municipal corporation
By:
Matt Rahn
Mayor
ATTEST:
By:
Randi Johl,
Director of Legislative Affairs, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson,
City Attorney
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 , before
(insert name of notary)
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 of Notary:
10 (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
On , before me, ,
(insert name of notary)
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 of Notary: (Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: 957-150-005, GARCIA PROPERTY
That portion of Parcel 1 of Parcel Map No. 13678. in the City of Temecula. County of Riverside, Slate of California_ as shown an the map recorded in Book 73, Pages 85 and 66 of Parcel Maps, in the Office of the County recorder of said Riverside County, described as 10ows:
COMMENCING at the Centerline intersection of Nicolas Road and Calle Girasol as shown on said Parcel Map No. 13678:
Thence along the centerline of said Nicolas Road North 65`58'34" East 146.35 feel; Thence leaving said centerline South 24'01'26' East 55.00 feel to the northwesterly line of said Parcel 1, said paint being the TRUE POINT OF BEGINNING;
Thence South 42°16'03" East 41.83 feet,
Thence South 01'18'55' East 93.45 feet,
Thence South 27°05'17" East 35.33 feet;
Thence South 25°17'91' West 34.58 feet.
Thence South 16'30'15" East 95.17 rest;
Thence South 06°25'33' West 24.98 feel:
Thence South 33°35'48' West 36,10 feel.
Thence South 65°59'24' West 13.54 feet to the southwesterly line of said Parcel 1; Thence along the southwesterly, and northwesterly line of said Parcel 1 the following courses; North 24'00'36" West 295.98 feet.
Thence North 23°22'06- East 33.97 feet,
Thence North 65°58'34- East 91.36 feet to the TRUE POINT OF SEGINNING.
Containing 0.62 Aces, or 26.957 Square feet. more or Jess �v0t LQ,p�{� T h i a description was preparedw`' 9
by me or under my direction. JOHN R.
0tx3 rTF x
No
75 0
Date: r i
Joh . Duquette. PLS 16
Michael Baker International May 1, 2020
40810 flaunty Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page t of i
EXHIBIT A
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EXHIBIT B
DEPICTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
APN: 957-150-005
GARCIA PROPERTY
POC
TPOB
l��' � 1 �
1 10
LJ
ti
p
W
i r olp
i
60 30 D 60
1 SCALE: 1' =60'
DATA TABLE
1@
BEARING/DELTA
LENGTH
1 N24 01'26'W
55,00'
2 N42 16'03"W
41.83'
3 N01'18'58"W
93.45'
4 N27'05'17"W
35.33,
5 N25'17'01"E
34.58'
6 NIS'30'15"W
95.17'
7 N06'25'33"E
24.96'
8 N33 35'08"E
36.10'
$ 1
N65 59 24"E
13.54'
1D 1
N23 22'06"E
33.97'
P0C = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( } - INDICATES RECORD DATA PER
PM 13678, PMB 73 f 85-86
SHEET ; OF 1
IN T E A N A T 1 0 N A L
EXHIBIT B
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EXHIBIT C
[NOT USED]
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EXHIBIT FOUR
SINGH PROPERTY DOCUMENTS
SINGH DOCUMENTS
PRELMUNARI REPORT Fidelity National Title Company
Your Reference: R upaugLhoject OrderNo.: 989-25008234-A-5G4
EXHIBIT A
LEGAL DESCRIPTION -
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECL .A , IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND L5 DESCRIBED AS FOLLOWS - PARCEL A OF CERTIFICATE OF COMPLIANCE NO_ PA 17-1285, A5 RECORDED APRIL 29, 2019 AS INSTRUMENT NO_ 2019-0146512, OF OFFICIAL RECORDS, IN THE CITY OF TEhlEC.'ULA-. COUNTY OF
RIVERSIDE, STATE OF CALIFORNI A, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 39 OF PARCEL MAP ON FILE IN BOOK 1, PAGE 44 OF PARCEL NiAPS, IN THE CITY OF TEV ECUI-A_ COUNTY OF RIVERSIDE, STATE OF CALIFORNIA- RECORDS OF RIVERSIDE COUNTY, CALIFORNLA_ DESCRIBED AS FOLLOWS:
BEGINNING AT THE SO= AST CORNER OF PARCEL 2 OF PARCEL 14IAP 18510 AS SHOWN ON MAP IN BOOK 109, PAGES 86 THROUGH 87, INC:LUSaT. OF PARCEL MAPS, RECORDS OF SAID COUNTY, STATE OF
CALIFORNIA
THENCE SOUTIH 070 35' 19" EAST ALONG LINE DESCRIBED IN DEED TO CECIL E. EDWARDS AND GOLDIE M.
EDWARDS, RECORDED NLY 26, 1976, PER INSTRUMENT NO. 108726, CWHCTAL RECORDS, RECORDED IN THE
OFFICE OF SAID COLTNTY
SAID LINE BEING A PROLONGATION OF THE EASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP. A DISTANCE OF 681.13 FEET;
THENCE SOUTH 6P W 227 WEST A DISTANCE OF 308.29 FEET BEING THE SOUTH LL E OF SAID PARCEL 3 9; THENCE NORTH 070 35' 19" WEST A DISTANCE OF 791.08 FEET TO A LINE DESCRIBED IN SAID DEED BEARING SOUTH 86° 59 04" WEST FROM THE POINT OF BEGEV-N-ING_ APN_ 957-090-019-0
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EXHIBIT 4-13 — FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND
COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-090-019 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR
CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS
This Grant of Temporary Construction Easement Agreement and Covenant for Construction of Permanent Improvements ("TCE Agreement and Covenant") is entered into as of , by and between Sohan Singh and Kuldip Kaur Singh, husband and wife as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("Cily").
RECITALS
WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-090-019 ("Grantor's Property") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference.
WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 29,630 square foot Temporary Construction Easement with a term of twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein.
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WHEREAS, portions of Grantor's Property are located in the floodway and based on said location, it is necessary for the City to construct certain permanent improvements on Grantor's Property in connection with the Project, including but not limited to the installation of riprap slope -erosion protection, which are more particularly described below. Grantor acknowledges receipt of a copy of the proposed plans for the Project and desires to authorize the City to construct said permanent improvements on Grantor's Property.
NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 29,630 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on Exhibit A labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit B labeled "Depiction of Temporary Construction Easement — APN: 957-090-019, Singh Property". Exhibit A and Exhibit B are attached to this TCE Agreement and Covenant are incorporated herein by this reference.
2. Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement.
3. Scope of Temporary Construction Easement.
a. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. b. City and City Designees also have the right to use the Temporary Construction Easement area to construct the permanent improvements described more particularly in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property.
12. No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor In
for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal.
5. Covenant for Construction of Certain Permanent Improvements within Temporary Construction Easement Area on Grantor's Property. Grantor hereby covenants and agrees that the City and the City Designees also have the right to use the Temporary Construction Easement area to place certain permanent improvements including, without limitation, riprap slope -erosion protection, described more particularly in Exhibit C, which is attached hereto and incorporated herein by this reference. Grantor agrees and acknowledges that t City and City Designees will have no responsibility for maintenance of the permanent improvements described in Exhibit C hereto after the City's construction of the Project and that Grantor is solely responsible for all costs of maintenance of said permanent improvements. This covenant for construction of certain permanent improvements described on Exhibit C hereto in the area of the Temporary Construction Easement is a covenant running with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors, and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and acknowledges that the Covenant for Construction of Certain Permanent Improvements contained in this TCE Agreement and Covenant will be recorded in the Official Records of the County of Riverside, California.
6. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) Twelve (12) months after the date on which the City provides to Grantor written notice of the City's commencement of the construction of the Project or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement and Covenant.
7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement and Covenant. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
a. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) General Liability Form No. CG 00 01 1185 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. -5-
(3) Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000).
C. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.
(2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it.
d. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.
Im
e. The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. g. If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. h. Course of construction policies shall contain the following provisions:
(1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
i Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City.
Self-insurance shall not be considered to comply with these insurance requirements. j. Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
k. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. City's Obligations on Termination of Term of Temporary Construction Easement.
The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. Grantor acknowledges that the permanent improvements constructed in the area of the Temporary Construction Easement and described in Exhibit C will remain on Grantor's Property after the construction of the Project.
9. Maintenance of Permanent Improvements on Grantor's Property. Upon the expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and expense, operate, maintain, repair and replace (as applicable) the permanent improvements constructed on Grantor's Property within the Temporary Construction Easement area described on Exhibit C hereto and all installations connected thereto, in good condition and repair and otherwise -7-
in compliance with all applicable laws. Grantor is not responsible for maintenance of any portion of the permanent public improvements constructed within the area comprising the permanent maintenance easement area.
10. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Sohan Singh and Kuldip Kaur Singh,
husband and wife as joint tenants
44750 Kit Court
Temecula, CA 92592
Telephone: Not Available
Attention: Kiran Basi
Email: [email protected]
11. Miscellaneous Provisions.
a. Any amendments to this TCE Agreement and Covenant must be in writing and duly executed by both Grantor and the City.
b. This TCE Agreement and Covenant will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. This TCE Agreement and Covenant contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property.
d. Except as otherwise provided herein, the provisions of this TCE Agreement and Covenant will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
e. This TCE Agreement and Covenant may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
f. Each party has reviewed this TCE Agreement and Covenant and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement and Covenant or any amendments or exhibits thereto.
g. If any part, term or provision of this TCE Agreement and Covenant is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement and Covenant did not contain the particular part, term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
10 IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement and Covenant as of the date set forth above.
Dated:
Dated:
SOHAN SINGH AND KULDIP KAUR SINGH,
husband and wife as joint tenants
Sohan Singh, joint tenant
Kuldip Kaur Singh, joint tenant
CITY OF TEMECULA,
a municipal corporation
By:
Matt Rahn
Mayor
ATTEST:
By:
Randi Johl,
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson,
City Attorney
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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 , before
(insert name of notary)
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 of Notary:
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(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
On , before me, ,
(insert name of notary)
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 of Notary: (Seal)
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EXHIBIT I
DESCRIPTION OF GRANTOR'S PROPERTY, LEGAL DESCRIPTION
PRE1_2vi1NARY REPORT Fidelity Nanonal Title Con4kmy
YourReferenee: RmipaughPrcjeet OrderND.: 989 25008?3T-A-SG4
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED W THE CITY OF TENIECTULA, IN THE COLWIY OF RI=IDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A OF CERTIFICATE OF COMPLIANCE NO. PA 17-1285, AS RECORDED APRIL 29, 2019 AS INSTRUIti'IENT NO. 2019-0146512, OF OFFICIAL RECORDS, IN THE CTTY OF TEMECULk COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDS OF M-ER.SIDE COLNNTY. CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 39 OF PARCEL MAP ON FILE IN BOOK 1. PAGE 44 OF PARCEL MAPS, IN THE CITY OF T NIECL7I-4- COLWIY OF RIA-E.R.4IDE, STATE OF CALIFORNIA-RECORDS OF RIVERSIDE COUNTY, CALIFORNL4- DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOi-71BEAST CORNER OF PARCEL 2 OF PARCEL A4AP 18510 AS SHOWN ON MAP IN BOOK 109, PAGES 86 THROUGH 87, INCLUSIVE_ OF PARCEL RIAPS, RECORDS OF SAID COUNTY, STATE OF CALJEFORNLk
THEN'C"E SOUTH 070 35' 19" EAST ALONG LINE DESCRIBED IN DEED TO CECIL E. EDWARDS AND GOLDIE M EDWARDS, RECORDED JULY 26, 1976, PER INSTRUMENT NO. 108726, OFFICIAL RECORDS, RECORDED IN THE
OFFICE OF SAID COUNTY
SAND LINE BEING A PROLONGATION OF THE EASTERLY LINE OF PARCEL 2 OF SAM PARCEL MAP. A DISTANCE OF 681.13 FEET;
THENCE SOLTH 6P W 227 WEST A DISTANCE OF 308.29 FEET BEING THE SOLPIH LL'•v'E OF SAID PARCEL 39; THENCE NORTH 070 35' 19" WEST A DISTANCE OF 791.08 FEET TO A LLNE DESCRIBED IN SAID DEED BEARING SOUTH 86" 50' 04" WEST FROM THE POINT OF BEGINNING.
APN: 957-090-019-0
EXHIBIT I
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EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
APN' 957.090-019
SINGH PROPERTY
That portion of Parcel 39, in the City of Temecula, County of Riverside. Slate of Califomia, as shown on the Map recorded in Book 1, Pages 44 through 40, inelus,we, of Parcel Maps, in the -O fice of the County Resider of said R;versrde Cour*, and as described in the -mini deed recorded Fetaruaryr 10, 2014 as Instrument No 20144055102 of (f4cial Records in the offtc� of said Rivsrside CoUoty f OWli'der described as follows
CQMMENCING al the: southeaslerly comet of Paclel 39. of 5a3id Pi3rCel Map, said paint beins an the centerline of Ntto146 Road,
Thence leavirtg Said Southeasterly comer along the easterly line of said Parcel 39 North 07" 6'19' West 57 33 feet to a point an the rtorthsrty right-of-vmy Ilene of Nieolas Road (110 00 le+si in width) as showat an said Racal Map to the TRUE ROIN r OP $EGINNING.
Thence conbrruing on said easterly tine Notch 07'35'19' Well 10 41 reel, Thence leaving said easterly line South 66 03'15' West 60 64 Feet; Therite North 411626' West �1 W feet.
Thenta North 10'51'29' East 3647 feel,
Therlee North 79'08'31' Wa5l 49.14 feet.
Thence South 11)1512' V esl 62.94 feet;
Thence South 66°03'15' West 11.75 feet;
Thence North W16'23' West 123.84 feel;
Thence North 69'45'31' West 56.47 feet to the vuestedy line of the land described in said grant deed; Thence along said wesiedy line South 07'n't9' East 218.07 feet to The northerly nine of Qgi Nw'blas Road,
Thence leaving said westerly line along s8rd northerly line of Nicolas Pjmd North 66-00'22` East 30823 feel to the TRUE P0IIVT OF BEG INININ r.
Ce3maining 0.i38 Acres. o1 21,630 Square Feet, moos or less �o L �A�� 8 This descrioti0n was prepared ` A
tyy rre or and-er nYy direGhon%
LJF-[r
Date. V I {e i [ [ kr
JO auquetllLS 75% OF CR��
Mk*oal Raker rntema ilioml
40810 Couray Center Drive, Suite 2GO
Terruecula, CA 92591
EXHIBIT A
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June 10, 2021
JN 175051
EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-019
T WrP PPnPFPTY
W LY LINE PER
DEED REC.
2f 10j2O14 AS
INST, NO.
2014-0055102
Q . R
PQC = PO[NT OF C17kWNCEMENT
TP08 - TR E POINT OF WGINNING
( ) = INDICATES RECORD DATA PER PIE 1/44-46
DATA TAS-E
BEARING/DELTA
LE%7H
1 N07°35' 19"W
57.33'
2 N07 51 10 W
10,41
3 N66D3'15'°E
60.64'
4 N41 16 26"W
51.00 5
N10 51 P9 E
36,7
6 N79'O8'31'w
49.14'
EXHIBIT B
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4 fi0 3fl 0 60
4i
SCALE: 1 "=60'
SHEE" 1 OF ;
Michael Saker
INTERNATIONAL
EXHIBIT C
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN
TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY Af N: 957-090-019
SINGH PROPERTY
OV 30 C 60
SCALE: 1 "=60'
LEGEND:
TEMPORARY C MSTRQCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
RIP RAP SLOPE FROS ION MCTECTION
® PERMANENT MAINTENANCE AND ACCESS EASEMENT
RESIDENTIAL DRIVEWAY
SCE EASEMENT
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od
r
INTIRNAT10NAL
FORM OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-090-019 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
AGREEMENT
This Grant of Permanent Maintenance and Access Easement Agreement ("PME Agreement") is entered into as of by and between Sohan Singh and Kuldip Kaur Singh, husband and wife as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City").
RECITALS
WHEREAS, Grantor is the record fee owner of the real property located in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-090-019 ("Grantor's PropertX") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference.
WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS, Grantor seeks to grant to the City of a permanent maintenance and access easement, to facilitate maintenance of the public street and related improvements in connection with extending Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
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WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 16,956 square foot permanent maintenance and access easement on Grantor's Property to permit the City to construct the Project and to maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense.
NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor and the City agree as follows:
1. Grantor hereby grants to the City an approximate 16,956 square foot perpetual, non- exclusive permanent maintenance and access easement ("permanent maintenance and access easement") on Grantor's Property to access, construct, and maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense. The permanent maintenance and access easement is described more particularly on Exhibit A labeled "Legal Description Permanent Maintenance and Access Easement" and depicted on Exhibit B labeled "Depiction of Permanent Maintenance Easement — APN: 957-090-019, Singh Property". Exhibits A and Exhibit B are attached to this PME Agreement and are incorporated herein by this reference.
2. The City shall act as "Maintenance Manager" under this PME Agreement.
Maintenance Manager shall have the right to retain third -parry contractors to carry out the duties of Maintenance Manager; provided, however, Maintenance Manager shall not be relieved of its obligations hereunder as a result thereof. The City will bear the cost of any such third -party contractor(s).
3. City Obligations. -
a City shall operate, maintain, repair, restore, replace and make necessary improvements to the permanent maintenance and access easement area. Such maintenance and repair shall include, without limitation, the following:
(1) maintenance of the surface of the improvements located within the permanent maintenance and access easement area in a clean and safe condition, including the paving and repairing or surfacing and resurfacing of such area when necessary with the type of material originally installed therein, or such substitute therefor as shall in all respects be equal thereto in quality, appearance and durability; the removal of debris and waste materials and the washing or sweeping of paved areas as required; and the painting and repainting of the center line dividers, striping, markers and signs as required;
(2) cleaning, maintaining and re-lamping of any external lighting fixtures and related fixtures located within the permanent maintenance and access easement area; (3) performance of necessary maintenance of all landscaping as required anywhere within the permanent maintenance and access easement area, including without limitation re -vegetation and all other applicable governmental or quasi -governmental authorities of which City has actual knowledge, the trimming, watering and fertilization of all grass, ground cover, shrubs and trees, removal of dead or waste material and replacement of any dead or diseased grass, ground cover, shrubs or trees; and
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(4) the construction of such additional capital improvements to the permanent maintenance and access easement area and repair and replacement of such additional capital improvements as may be necessary or appropriate from time to time. b. City shall operate and maintain the permanent maintenance and access easement area in a neat, orderly and safe condition and in such a manner as to enhance its appearance, maintain established slope ratios, prevent erosion or sliding problems, and to facilitate the orderly discharge of water through drainage systems and facilities established over the Project.
No structure, planting or other material shall be placed or permitted to remain, or other activities undertaken on any area within the permanent maintenance and access easement area which might create erosion or sliding problems, or interfere with established or existing natural drainage systems or facilities.
C. Prior to entry on the area of the permanent maintenance and access easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the permanent maintenance and access easement by or activities of City's contractor pursuant to this PME Agreement. Such insurance will be maintained in force during the term of the permanent maintenance and access easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
as:
(1) Minimum Scope of Insurance: Coverage shall be at least as broad (a) General Liability Form No. CG 00 01 1185 or 88.
(b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable.
(c) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.
(2) Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(a) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
In
(b) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(c) Worker's Compensation as required by the State of
California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease.
(d) Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000). (e) Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) City, Temecula Community Services District,
Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (2) For any claims related to this Project, the
contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other
provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. (4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this PME
Agreement shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in
coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy.
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(f) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
(g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements.
(h) Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
(i) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
d Each party waives any right of recovery against the others for damage, injury or loss covered by the insurance required to be maintained under the PME Agreement.
Subject to the preceding sentence, each party shall be liable for any damage caused to the permanent maintenance and access easement area, or to any of the equipment or improvements thereon, which may be sustained by reason of the negligence or willful misconduct of such party, its employees, agents, members, contractors, invitees and/or guests.
4. The City, at its sole costs, will operate, maintain, repair, restore, and improve the permanent maintenance and access easement area.
5. The City agrees to keep the permanent maintenance and access easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the permanent maintenance and access easement in connection with the maintenance of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the permanent maintenance and access easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal.
6. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States IM
mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Sohan Singh and Kuldip Kaur Singh,
husband and wife as joint tenants
44750 Kit Court
Temecula, CA 92592
Telephone: Not Available
Attention: Kiran Basi
Email: [email protected]
7. Miscellaneous Provisions.
a. Any amendments to this PME Agreement must be in writing and duly executed by both Grantor and the City.
b. This PME Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. This PME Agreement contains the entire agreement between the Grantor and the City regarding the permanent maintenance and access easement. d. Except as otherwise provided herein, the provisions of this PME Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
e. This PME Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
f Each party has reviewed this PME Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this PME Agreement and that any rule of construction to the effect that ambiguities are to be resolved against -7-
the drafting party will not apply in the interpretation of this PME Agreement or any amendments or exhibits thereto.
g. If any part, term or provision of this PME Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this PME Agreement did not contain the particular part, term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
IN WITNESS WHEREOF, the Grantor and the City have entered into this PME Agreement as of the date set forth above.
Dated:
Dated:
SOHAN SINGH AND KULDIP KAUR SINGH,
husband and wife as joint tenants
Sohan Singh, joint tenant
Kuldip Kaur Singh, joint tenant
CITY OF TEMECULA,
a municipal corporation
By:
Matt Rahn
Mayor
ATTEST:
By:
Randi Johl,
Director of Legislative Affairs, City Clerk
APPROVED AS TO FORM:
10 Peter M. Thorson,
City Attorney
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 , before
(insert name of notary)
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 of Notary:
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(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
On , before me, ,
(insert name of notary)
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 of Notary: (Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: 957-090-019
SINGH PROPERTY
That portion of Parcel 39, in the City of Temecula. County of Riverside, State of California, as shown an the Map recorded in Book 1, Pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder of said Riverside County, and as described in the grant deed recorded February 10, 2014 as Instrument No. 2014-0055102 of Official Records in the office of said Riverside County Recorder, described as follows:
COMMENCING at the southeastery comer of Parcel 39. of said Parcel fOap, said point being on the centerline of Nicolas Road_
Thence leaving said southeasterly comer along the easterly line of said Parcel 39 North 07'35'19" West 57.33 feet to a point on the northerly right-of-way line of Nicolas Road (110.00 feet in width) as shown cm said Parcel Map,
Thence along said northerly right-of-way line South 66'00'22" West 108 51 feet to the TRiJE POINT OF BEGINNING:
Thence continuing along said northerly right-of-way line South 66"00'22" West 150.33 feet-, Thence leaving said northerly right-of-way line North 69'24'35' West 53.76 feet to the westerly line of the land described in said grant deed.
Thence along said westerly Ilne North 07`35'19" West 73.74 feet.
Thence leaving said westerly line South 69'24'30" East 26.90 feet - Thence North 70'35'30" East 85.93 feet;
Thence South %'19'20" East 116.19 feet,
Thence South 50'26'33- East 58.76 feet to the TRUF POINT OF BEGINNING Containing 0 39 Acres, or 16,956 Square Feet, more or less This description was prepared �tihL s���
by me or under my (jirection.
4 .FpHN F{,
aUQ{IETYE
* 7Vo, 756�
_ Date. -- .'
n R_ Wque , PL5 7566 0"CALP.
Michael Baker International - - June 10, 2021
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of i
EXHIBIT A
-I-
EXHIBIT B
DEPICTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
APN: $57-090--019 �1t0� L' Nb s�j.
INGH PROPERTY ��
,w R.
C ` * NO 7
.. fi 0
77 o `
z
09 POG
W'LY I-INE PER "
DEED REC.
2/ 10/201 4 AS
INST, N0.
2014-0055102 ol
POC = POINT OF i7,4A+AENCEMCNT
TPOO = TRUE POINT OF 6EGINNING
( ) INDICATES RECORD DATA PER Phi 1/44-46
DATA TABLE
f3EARING/DELTA
LEWTH
1 NO7'35'19"Yf
57.33 2
NW' 26' 3,3 P
58_ 76
3 N69'24'30"W
26.90'
4 N07° 35' 19 "IN
73. 74 `
5 N6 2d 35 W
53_76'
W �5
$0 30 0 60
SCALE_ 10-60'
SWET 1 OF I
i
r
INTERNATIONAL
EXHIBIT B
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FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT
SOUTHFRh C.AIIfOUNIA
EDISON
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA ED]SON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91 768
Attn: Title and Real Estate Services
SC I i ])cc. 140.
GRANT OF
EASEMENT
❑OWMENTARY TRANSFER TAX S NONE
W1103n r
TD1651367
VALUE AND CONSIDERATION LESS THAN 3100.1V
SCE Ca- wy
4 9G OF DEQ R-M OR AHEM OErEFiAkwZ % Fewtm°
"u •ti 957-090-019
WEC3ELAND d
MANAGEMENT
SjLSIBT
1Qfl4{2Q2j
SOT [AN SIN€}Il and KULDIP 5I1"IGH, husband and wife as joinL tenants, (hereinafter referred to as"Grantor" ), hemby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter rcfciTcd to as "Granted'), an casement and right of way to constrm(, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from lime to time uvenccad electrical supply syslcros and communication systems (hcrrioallcr referred to as "system"), consisting of poles, guy wires and anchors, crossarms, wires and other appuncriant fixtures and/or eyuipmenr necewry or useful, for distributing elecrrical erier•gy and for transmiLting intelligence, data and/or communications (cg. through fiUCr oplic cable), in, on, over, along and acnms thal ccrlain real property in the Counly of Riverside, 5tatr of California, described as follows:
VARIOUS STRIPS OF LAND LYING WITHIN THAT PORTION OF PARCEL 39 OF PARCEL MAP. AS PER MAP FILFI] Ili BOOK 1, PAGES 44 THROUGH 46 OF PARCEL MAPS, SAID PORTION IS MORE PARTICULARLY DESCRIBED 1N THE I)EEDTO TIIE GRANTOR 11ERFJX, RECORDED ON JANUARY 23, 2020 AS DOCUMENT NO. 2020-0034390, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, HEREINAFTER REFERRED I0 AS "LAXLY', DESCRIBED AS FOLLOWS - STRIP #I
A FOR'FION OF SAIL} "LAND", INCLL:DED WITHIN A STRIP OF LAND, 10.00 FEET WIDE, THE CENITERLINE.
OF WIIICH IS DESCRIBED AS FULLOWS'
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 39, THENCE ALONG THE. WESTERLY LINE 017 SAID PARCEL 39, NORTH 08'0916" WEST 27,22 FEET TO THE TRUE PO[NT OF BEGINNING; THENCE LEAVING TIIF WE LINE OF SAID PARCEL 39, NORTI I St'50'44" FAST 5.00 FEET; THENCE NORTH 72'16'42" EAST 275,51 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K% THENCE NORTH 66°32'46" EAST 207.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `R,; THENCE CONTINUING NORTH 66'32'46" EAST 5.40 FEETTOA I"NTOF ENDING.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS.
EXCEPTING THEREFROM TIIAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF SAID "LAND",
Sheet 1 of 4
FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT
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STRIP #2 (4.00 FEET WIDE)
THE CENTERLINF OF SAID STRIP IS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "A"; THENCE NORTH 15.00 FEET TO A POINT OF ENDING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBI D HEREINABOVE.
ALSO, EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF SAID "LAND".
STRIP 43 (4.00 FEET WIDE)
TIIE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "B"; THENCE NORTH 15°21'23" WEST 15.00 FEI T TO A POINT OF ENDING.
EXCEFTING THEREFROM T14AT PORTION INCLUDED WIT 4IN STRIP # I DESCRiAFD HEREINABOVE.
ALSO, EXCEPTING THEREFRO_-M THAT PORTION INCLUDED WITHIN] 'THE SOUTHERLY 55.00 FEET OF SAID "LAND".
It is understood and agreed that the above description is approximate only, it being the intention of the Grantors) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) properly.
This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment„ in whole, or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not linr;ted to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said systerns, or any part thereof, or interfere with the exercise of the rights herein granted.
Sheet 2 of 4
FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT
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EXECUTE131his dayof .20 .
CRANTOR
SOHAN SINGH mud KULDIP SINGH, husband and
wife as jaint tenantq
Suhan Singh
Kuldip Singh
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the dwutneni to which this certificate is attached, and ntot the truthfulness, aocurac , or validity oftl= document.
State of cal!Mmis
County or-)
on
before Lne, , a NvLaLy Public, personally appeared
who Proved Lo me on the basis of
satisfactory evidence In be the person(s) whuse names) is+am wbscrihed in the within in5hument and ackuuwleclged to mr that hdshrithry execute] the sane in hisAien'their authnrixed capacity(ies), and that by his{hen`dreir 9ignaturr(s) en the instrument the perann(s), or the entity upon bvhulf of which Lhc pemm(s) acuxl, cxccutud the instnimunL.
I certify under PF NALTY OF PERJURY under the laws ofthe State of California that the furegoirtg paragraph is tnic and correct.
WITNESS illy hand and official seaL
S (gnralurc
(S-1)
A Notary Pubic OF alhCT oiT'IccT completing Lit is cerliiicate verifies only the identity of the individual who signod the do"mcni to which this certificate is attached. and nor the trit"Incss, accuracy, Or validity ofthat document.
StAoc of Califrnis }
County of )
On
before nte, , a Ntrtary Public, personally appeared
whp Ianvcd to me on the bmis oC
sati!5factury cvidcna io be dne pm-xmm(!o) wkiw name(s) iy+are wbscribcd [O the within im9trume nt and ackuowJedged to rene that hdshm+they Cxeinited thr same: in hisfherr'their aulharaM Capnacity(ies), and that by his{herlthcir Signdtume s) on the inslnument the person(s), ur Lhc entity Upon behalf of which Lhe pmscn(s) acted, executed the inslrumenl..
I cetiify under PENALTY OF PERJURY under Lhc laws ofthc Slatc of Califomia that the foregoing paragraph is Iruc and correct.
WITNESSmy hand and afT;cial seal,
Sigaatun , , , • • • • • • • • • • (Sad)
Sheet 3 of 4
FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT
-3-
mm '/. Ap—
T
Y
t
ti
ar 4
1 i
ty
�1
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5 5
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5 54 5
Sheet 4 of 4
FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT
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Item No. 21
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Approve Tract Map 37341-17 (Located on the East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs Road)
PREPARED BY: Ron Moreno, Senior Civil Engineer
Annie Bostre-Le, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Approve Tract Map 37341-17 in conformance with the Conditions of Approval; and
2. Approve the Subdivision Improvement and Monumentation Agreements with the Developer; and
3. Authorize the City Manager to execute the agreements on behalf of the City.
BACKGROUND: Woodside 05S, LP, A California Limited Partnership, Tract Map 37341-17 has been approved for subdivision purposes to create 84 residential lots on 12.26 acres for Roripaugh Ranch Phase II, now known as "Sommers Bend". The property covered by this Tract Map is located on the east side of Butterfield Stage Road between Calle Chapos and Murrieta Hot Springs Road.
The Tract Map subdivided a portion of Parcel B of Lot Line Adjustment No. LD 19-1393, recorded on February 20, 2020, as Instrument No. 2020-0076510 of Official Records, a portion of Lots 24 and 25 of Tract Map No. 37368, as filed in Book 468, Page 89 through 98, inclusive, of maps, shown as Parcel B of Notice of Lot Line Adjustment No. LD21-1111 recorded January 6, 2022 as Instrument No. 2022-0008833 of Official Records, in the City of Temecula, County of Riverside, State of California, lying within section 21, Township 7 South, Range 2 West, San Bernardino Meridian.
Securities have been posted for the public improvements and monumentation as conditioned by the approval of Tentative Map 37341-17 by the Planning Commission on June 20, 2018.
The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this Tract Map is in conformance with the approved Tentative Tract Map. The approval of a Subdivision Map, which substantially complies with the approved Tentative Tract Map, is a mandatory ministerial act under State law.
All fees have been paid.
FISCAL IMPACT: None
ATTACHMENTS: 1. Fees and Securities Report
2. Vicinity Map
3. Tract Map 37341-17
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
FEES AND SECURITIES REPORT
TRACT MAP 37341-17
Date: April 12, 2022
FAITHFUL
LABOR & MATERIALS
MONUMENTATION
TRACT MAP 37341-17
PERFORMANCE
SECURITY
SECURITY
SECURITY
Street and Storm Drain
$ 2,215,500
$ 1,107,750
Monumentation
$ 22,260
EXHIBIT
VICINITY MAP
SHEET 1 OF 1
AULD RD
J�
MURRIET HOT
SPRINGS D Quo S/TE
79 S RO
NICOL A (n o0
CANTRELL I> -i D -i
RD c-) --�
mm
LA SERENA
15 WAY r-
0 MARGARITA �O
O RD
f91 GP
N.T.S. MEADOWS
O PKWY
VICINITY MAP
PLOT DATE: 11-MAR-2022 JN 17883
TOTAL NUMBERED LOTS: 84
TOTAL LETTERED LOTS: 4
TOTAL NET AREA. 9.586 ACRES
TOTAL GROSS AREA: 12.263 ACRES
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY
PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF
THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA
TRACT MAP
NO,
37341-17
BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
RICK ENGINEERING COMPANY
NOTARY ACKNOWLEDGEMENT
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.
WE HEREBY DEDICATE AN EASEMENT FOR PUBLIC PURPOSES: LOTS "A" STATE OF CALIFORNIA THROUGH "D"' INCLUSIVE FOR STREET AND PUBLIC UTILITY PURPOSES. COUNTY OF WE ALSO HEREBY DEDICATE AN EASEMENT FOR PUBLIC PURPOSES:
3' PUBLIC UTILITY EASEMENT LYING WITHIN WITHIN LOTS 1
THROUGH 81, INCLUSIVE, LOT 82 "BASIN" AND LOT 84
"DRAINAGE", AS SHOWN HEREON. THE DEDICATION IS FOR PUBLIC UTILITY PURPOSES.
WE HEREBY RETAIN LOT 82 INDICATED AS "BASIN" FOR
PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR
SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS
TRACT MAP.
WE ALSO HEREBY RETAIN LOT 83 INDICATED AS
"LANDSCAPE" FOR PRIVATE USE FOR THE SOLE BENEFIT
OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT
OWNERS WITHIN THIS TRACT MAP.
WE ALSO HEREBY RETAIN LOT 84 INDICATED AS
"SEWER" FOR PRIVATE USE FOR THE SOLE BENEFIT
OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT
OWNERS WITHIN THIS TRACT MAP.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN
EASEMENT FOR PUBLIC PURPOSES: TO EASTERN MUNICIPAL WATER DISTRICT ("DISTRICT''), A PUBLIC AGENCY ORGANIZED AND EXISTING
UNDER AND BY VIRTUE OF THE MUNICIPAL WATER DISTRICT LAW OF 1911, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL EASEMENT AND
RIGHT OF WAY TO CONSTRUCT, MAINTAIN, ENLARGE, RECONSTRUCT,
REMOVE AND REPLACE, OPERATE, INSPECT, REPAIR, IMPROVE AND
RELOCATE SEWER AS SHOWN ON THIS MAP WITHIN THE SUBDIVISION AND DESIGNATED "SEWER EASEMENT" HEREON, TOGETHER WITH THE
RIGHT OF ACCESS TO AND FROM SAID EASEMENT FOR THE PURPOSE OF EXERCISING THE RIGHTS GRANTED IN SAID EASEMENT. OWNER
RETAINS THE RIGHT TO USE THE EASEMENT AREA PROVIDED THAT
OWNER SHALL NOT CONSTRUCT OR ERECT BUILDINGS, MASONRY
WALLS, MASONRY FENCES AND OTHER STRUCTURES OR IMPROVEMENTS,
OR PLANT OR GROW TREES OR SHRUBS, OR CHANGE THE SURFACE
GRADE OR INSTALL PRIVATELY -OWNED PIPELINES WITHOUT THE PRIOR WRITTEN CONSENT OF DISTRICT.
OWNER:
WOODS I DE 05S, LP,
A CALIFORNIA LIMITED PARTNERSHIP
CAP
BEFORE ME,
PERSONALLY APPEARED
9 D
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
NAME PRINTED
MY COMMISSION EXPIRES:
MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.
CITY CLERK'S CERTIFICATE
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF
CALIFORNIA, BY ITS CITY CLERK, RANDI JOHL, HEREBY
APPROVES THE TRACT MAP AND ACCEPTS THE OFFER
OF DEDICATION OF LOTS "A" THROUGH "D" MADE HEREON
FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES, SUBJECT
TO IMPROVEMENTS, CONSTRUCTED IN ACCORDANCE WITH
THE CITY STANDARDS.
WE ALSO HEREBY ACCEPT THE 3' PUBLIC UTILITY
EASEMENT AS DEDICATED.
DATED:
2022
BY:
RANDI JOHL
BY- CITY CLERK, CITY OF TEMECULA
NAME: CHRIS CHAMBERS
TITLE: VICE PRESIDENT, WDS GP, INC.
A CALIFORNIA CORPORATION
AS GENERAL PARTNER
SOILS REPORT
PURSUANT TO THE PROVISIONS OF SECTION 66490 OF THE
STATE SUBDIVISION MAP ACT, A PRELIMINARY SOILS
REPORT WAS PREPARED BY LEIGHTON AND ASSOCIATES, INC.,
REGISTERED IN THE STATE OF CA. PROJECT NO. 10967.108
ON JUNE 25, 2018, ON FILE IN THE OFFICE OF THE CITY
ENGINEER, CITY OF TEMECULA.
JUNE 2021
TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $
HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF
THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE
PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND
ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE
TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A
LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE: , 20—.
CASH BOND
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
SHEET 1 OF 7 SHEETS
RECORDER'S STATEMENT
FILED THIS
AT
— DAY OF , 20 ,
.M IN BOOK OF MAPS, AT PAGES
_ , AT THE REQUEST OF THE CITY CLERK OF CITY OF
TEMECULA.
NO.
FEE:
PETER ALDANA, ASSESSOR -COUNTY CLERK -RECORDER
,DEPUTY
SUBDIVISION GUARANTEE: FIRST AMERICAN TITLE COMPANY
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS
BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF WOODSIDE 05S, A CALIFORNIA LIMITED
PARTNERSHIP IN JANUARY 2018. 1 HEREBY STATE THAT ALL
MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS
INDICATED OR THAT THEY WILL BE SET IN ACCORDANCE WITH THE
TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE
MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO
BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.
BY: DEPUTY
DATE -
TAX COLLECTOR'S CERTIFICATE
yR�F
PMNR
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS
% ��� 133
OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE
PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, No.8805
MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED WILLIAM ROHAL, L.S. 8805
AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS
TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED FAc_
TO BE $
CwF���\P
DATE- , 20.
INGS
CITY ENGINEER'S STATEMENT
COUNTYWTAXNCOLLECTOR
I HEREBY STATE THAT THIS MAP CONSISTING OF SEVEN (7)
BY- DEPUTY
SHEETS HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION
AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED
ON THE TENTATIVE MAP OF TRACT NO. 37341 AS FILED AND
APPROVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA
ON JUNE 20, 2018, THE EXPIRATION DATE BEING
DECEMBER 20, 2022. THAT ALL PROVISIONS OF APPLICABLE
SIGNATURE OMISSIONS
STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT.
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE DATED: 2022
SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR
OTHER INTERESTS HAVE BEEN OMITTED:
AN EASEMENT IN FAVOR OF GENERAL TELEPHONE COMPANY
FOR PATRICK A. THOMAS,
OF CALIFORNIA FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES KRIS R. WINCHAK L.S. 6240 CITY ENGINEER
RECORDED DECEMBER 5, 1988 AS INSTRUMENT NO. 88-354239,
EXP. 3-31-22
0. R. CANNOT BE PLOTTED FROM RECORD.
( AS DELEGATED) A N D
CITY OF TEMECULA
Y � o
No. L.S. 6240 a
EASTERN MUNICIPAL WATER DISTRICT'S
*s�qT
ACCEPTANCE STATEMENT
FOF
51�F�
I HEREBY STATE THAT THE EASEMENTS DEDICATED ON THIS MAP TO THE
EASTERN MUNICIPAL WATER DISTRICT IS HEREBY ACCEPTED AND THE
DISTRICT CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER.
DATE:
SHEILA ZELAYA, BOARD SECRETARY OF THE EASTERN MUNICIPAL WATER
DISTRICT AND THE BOARD OF DIRECTORS THEREOF
SECTION 21 TOWNSHIP 7 SOUTH, RANGE 2 WEST, SBM
TABLE DATA
NAME DIRECTION LENGTH
55' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA -L45-�--�7 �2 /11 1 -P D A '- -P A I A D A Tn �2 `7 NOTES SHEET 2 OF 7 SHEETS
SURVEYOR'S NOTES
L1 (S 64010' 07" E 137.86' R4) J � I L 5 9 - 1. SEE SHEET NO. 3 FOR 1 . INDICATES FOUND AS NOTED. (N 64 10'00" W 137.86' R2) - - -
L2 (N 71 °51 ' 24" E 60.57' R4) BUTTERFIELD J (N89° 39' 10"W BOUNDARY MAP ( N 71 °51 ' 29 " E 60.57' R2) 5282. 95' R4)-A- BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS BASIS OF BEARINGS AND 2. ■ INDICATES 1" IRON PIPE TAGGED LS 8805, STAGE ROAD (N89° 87' 1 R2 INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368 AS FILED VICINITY MAP. TO BE SET FLUSH PER TRACT MAP 37368 L3 (N 47054'03" E 206.41' R4) co 5282.87' R2 & R3) IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT MB 468/89-98. (N 47 54' 00" E 284.91 ' R2) �1 y NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE 2 • SEE SHEET NO . 4 FOR L4 (N 74°40'31" E 84.91' R4J DETAIL A SHEET INDEX MAP. 3. O INDICATES SET 1" IRON PIPE TAGGED LS 8805, CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, FLUSH. (N 74°40' 28" E 84.91 ' R2) N.T.S. RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
L5 (N 89042'02" E 162.15' R4) C� BOUNDARY CONTROL SHEET {� ( N 89041 ' 59" E 162.15' R2) 9 RICK ENGINEERING COMPANY ° ° JUNE 2021 IJ @ g 4 . ALL MONUMENTS SET ARE PER RIVERSIDE COUNTY L6 (N 63056'09" E 113.99' R4) (N88 29 38 E 5296.39 R4) (N88 29 37 E 5296.39 R2 & R3) ORDINANCE 461.21. (N 63056' 06" E 113.99' R2) 0 \ \ CONTINUED TABLE DATA 10 5. TH I S TRACT CONTA I NS 12.263 ACRES GROSS.
L7 ( N 84027' 29" E 144.82' R4) CITY LIMIT 2 2 2
( N 84027' 26" E 144.82' R2) \ NAME DIRECTION LENGTH L55 (N 38° 15' 21" E 663.57' R4) LINE 6. DRAINAGE EASEMENTS SHALL BE KEPT FREE OF L8 IN 84027'27" E 49.09' R4) \--------- (N 38°15'24" E 663.55' R1) BUILDINGS AND OBSTRUCTIONS.
IN 84027'24" E 49.09' R31 1 -------------------- (N 38°15'19" E 663.55' R2) L9 (S 84012'25" E 129.22' R4) 1 L45 (S 89 39'10" E 319.78' R4) L56 (N 38015'21" E 655.50' R4) 7. ALL MONUMENTS SHOWN AS SET SHALL BE SET IN ( N 84012' 28" W 129.22' R3) I I I (N 89°39' 12" W 319.80' R2) (N 38° 15' 19" E 655.48' R2) �,'�� L32 ,r, ACCORDANCE WITH THE MONUMENTAT I ON AGREEMENT MURRIETA HOT I L46 (N 0 21 ' 22" E 265.43' R4) L57 (N 0 33 48 E 485.01 R4) o �� � FOR THIS MAP.
L10 IN 83°31'26" E 386.16' R4) ° (N 0°33'47" E 485.01' R2) v L-A Ob (N 83031'23" E 386.16' R3) - RINGS ROAAD J I IN 0°20'S8" E 265.41' R2] 8. THIS TRACT CONTAINS 84 LOTS.
L11 IN 57°40'49" E 87.87' R4) _ - L58 (N 89039'10" W 55.00' R4) - - L47 (S 89 ° 26' 26" E 126.20' R4) (N 89° 39' 12" W 55.00' R2 & R3) IN 57040'46" E 87.87' R3) (N 89°26'26" W 126.19' R2) ° l 9. INDICATES SUBDIVISION BOUNDARY.
L12 I N 72009' 33" E 161 .36' R4) L59 (N 89 39 10 W 601.73 R4) ° L48 ( N 0033' 34" E 76.01 ' R4) (N 89° 39' 12" W 601.61' R2) `per 26 ( N 72 °09' 30" E 161 .36' R3) I V�� 10. RAD INDICATES RADIAL BEARING.
I (N 0033'34" E 76.01' R2) (N 89°39'12" W 601.50' PM 14/93-94) s o� L13 I N 81 ° 26' 12" E 356.89' R4) o j� o� ° NAME DELTA RAID I US ARC `�� o � � N C (N 81 26'09" E 356.89' R3) I I oS zG�� L49 (N 48 26'50" W 30.47' R4) ____ ___________ ________ _______ �, \ rv, w� 0 11. R1 INDICATES RECORD PER RS 143/82-89.
L14 (S 89059'57" E 283.29' R4) 1 �°� �0 (N 48025' 50" W 30.48' R2) C1 (23° 23' 23" 1600.00' 653.17' R4) v 23 s W W I� ' O ( N 90000' 00" W 283.29' R3)j' O� L50 (N 36044' 32" E 122.41 ' R4) (23° 23' 33" 1600.00' 653.24' R1 & R2) �21 L22 o� P 12 . R2 INDICATES RECORD PER MB 342/73-85 .
L15 (S 83050' 13" E 159.06' R4) \ \°o (N 36°44' 30" E 122.39' R2 ] C2 (20 08' 52" 1600.00' 59.98' R4) - r `'' o 13. R3 INDICATES RECORD PER MB 401 /89-96 . ( N 83050' 16" W 159.06' R3 ► - - - RORIPAUGH I ° (2° 08' 45" 1600. 00' S9. 92' R1 & R2) 0,0 rn o o z • @� I L51 IN 89 26'26" W 500.00' R4 8 R21 C3 (35°32'42" 1600.00' 992.60' R4) �/ Z Z L16 (N 61 56'25" E 264.03' R4) VALLEY v"v 14. R4 INDICATES RECORD AND MEASURED PER \ L52 (N 0°33'48" E 1610.00' R4) (35°3246" 1600.00' 992.63' R1 & R2) �°� ,�� -- O (N 61056'22" E 264.03' R3] _ ROAD I (N 0°34'o4"E 1610.00' R1) � a TRACT 37368 MB 468/89-98.
L17 IN 51006'12" E 146.91' R4) ��J
(N 51 °06' 09" E 146.91 ' R3) - 8 L53 (N 38015' 21 " E 82.30' R4) T� 0 15. R6 INDICATES RECORD AND MEASURED PER L18 ( N 40050' 09" E 160.77' R4) i I �� o � J� ( N 38015 % 18"E 82.30' R2) � � o � o = �� �'�� ^°� TRACT 37341 MB 473/8 -14 . (N 40 50 06 E 160. R3) 0 1� / L54 (N 0 33 48" E 150.19' R4) 6 L19 (N 45°27'37" E 97.37' R4) o °� 6b/ ° p L43 `" 16. R7 INDICATES RECORD PER LOT LINE ADJUSTMENT �� � j' 6� / I N 0 33' 47"E 150.19' R2 8 R3) L13 L14 L 15 0 �, NO. LD21 -1 11 1 RECORDED 1 - 6 - 2022 AS INST. (N 45 27' 34" E 97.37' R3) ��? ( 6 v� L7 L�2� = / NO. 2022 - 0008833 .
L20 (N 55 ° 57' 04" E 292.00' R4)j �/ �,� / L41 _
( N 55 ° 57' 01 " E 292.00' R3) °o L8 L 9 L1 O 'T IR Q CCU'T m 000 \ Q m 17. R8 INDICATES RECORD PER LLA 19-1393
L21 (N 71 °33' 59" E 183.58' R4) 7 LA L5 REC 2/20/20, I NST. 2020-0076510. (N 71 ° 33' 56" E 183.58' R3) 56.00' Q
�Q °
L22 ( N 10°59' 51 " W 41 .74' R4) v0 L53 �� o o �v�� e �� n N p ¢ 18. ALL LOT CORNERS OF THIS MAP WILL BE MONUMENTED I N 10°59' 54" W 41 .74' R3) - ��� Q��� �2 Q 0 0 (� \ / Z o BY A 1 " IRON PIPE TAGGED "LS 8805" , FLUSH UNLESS L23 IN 46 ° 17' 13" W 70.83' R4) 01 �- a� a� I r- zOTHERWISE NOTED, IN 46 1 16 W 0.83 R3) _ l �ti�10 �t�, �N81 36 \ m
�J �o ' R41 o a RAC I 19. C.C. & R's, RECORDED 10-28-2019 AS INST.
L24 IN 30°10'20" E 129.03' R4) J Q° �' h��'��p1� 465.73 13„E Q � l� �� 4G3LaC��]OO ��aac�� �� // }L \ N Q 4 7 V � c � 26 �' o p a 00 ° / � pAG,30C�� A - \ MONUMENT, CL INT. BUTTERFIELD STAGE RD. 8 L29 IN 3°09'15" E 69.52' R4) N, /< �� o ° SOUTH LOOP RD. PER R1 8 R4, FLUSH. ° ^� o 0 0' SOM_MERS BENS i \ L OO 4� 0 H E ADJ.
I�\ CSC I- v a
(N 3 09' 12" E 69.52' R3) o � o moo , N �� ���� ()G��� ° \ N ,�, ° - - �, o LDD H(0. 9 �� O ° p Q 0 3 FD . 1 I P W/TAG "LS 7891 " B.C. CL BUTTERFIELD L30 IN 31 08'52" E 146.57' R4) h o � '\
° �? o N p o \ H0. 72022-sms B �3�3 , 4�Q�4 �10 � � QUA � � - � � Qp� STAGE RD. PER R1 8 R4, DN. 0.1' IN 31 08'49" E 146.57' R3) - "?� N,h rn I -rmcu �1]o0 ° o ° e , ° \ � � o R IE O. 1- 6 2022 �► Cp cp O
L31 (N 59°53'24" E 91 .23' R4) I�� rn ';' ° 377 �4� to I� C°�°Q �I ,A o 4 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891" IN WELL
(N 59053'21" E 91 .23' R3) Lis �' � � ��0 I o a 3�1 �� o 0 0 0 4ll 3/ to� ~o GQ L32 (S 80 11 49" E 146.69' R4J I "vo Q 4 �° 8 / 0 � 0' 8° � Do e a � co a P ��° � MONUMENT, CL INT . BUTTERFIELD STAGE RD & NORTH 3 °
c o I � 4 _ M LOOP ROAD 8 N I COLAS RD. PER R1 8 R4.
(N 80 11'52" W 146.69' 133) 3 21 N a s
L33 IS 24016'03" E 163.27' R4) �° I
N 24° 16' 06" W 163.27' R3 ► TRACT MAP NO. 37341-17 _ - _ I- - r 5 FD . 1 ' I P W/TAG " LS 7891 " , E.C. CL BUTTERFIELD L34 (S 40°55'25" E 372.57' R4) I m 4 Q C 4 O ° - N o STAGE RD. PER R1 8 R4, FLUSH. ° I o Z o
( N 40 55 28 W 372.57 R3) a -1 34 � - - I o c►i [ram 6 FD . 3/4" I P W/TAG "LS 4251 ' PER PMB 95/71 - 72 , R2, R3 L35 (S 22046'27" E 193.68' R4) �I --- _(V]o �� o / I- �0� °0 8 R4, FLUSH. (N 22 46' 30" W 193.68' R3 --,�, -. - - - - - / \ � Q °° � 7 FD . 1" I P W/TAG "LS 7891 " B.C. CL BUTTERFIELD L36 (S 0°50'29" E 260.95' R4J �/ _ ��� \ - �� \ 6 '3-6 g a o0 (N 0050'32" W 260.95' 133) oN // �J - M as STAGE RD. PER R1 8 R4, DN. 0.1' .
L37 (S 8011'57" W 112.76' R4) N O
M
N 8°11'54" E 112.76' R3] -- �- \ `V\ 8 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891 " IN (-'lo Q o � - - _ _ / w
L38 (S 25031 ' 21 " W 112.71 ' R4) 55' Z o \ InWELL MONUMENT, CL INT . BUTTERFIELD STAGE RD. AND (N 25°31 ' 18" E 112.71 ' R3 ] - , r- - - - �,\ \ ROR I PAUGH VALLEY RD. PER R1 8 R4, FLUSH.
L39 (S 37°18'50" W 85.50' R4) 110' rr�r�%i Jllr�� - _fR 4r \ ,i 3ll`1 7 Jll4�73 �J`l� o
(N 37°18'47" E 85.50' R3] �� 55' _ it il- rr J�1J�' ';'7���`- 1 z 9 FD. 2" IP W/TAG "LS 3483" N.W. CORNER (422.01 R4 l�Jl� » I �'\ _ o SECTION 21. PER R1 8 R4, FLUSH.
L40 (S 5 40'51" E 142.81' R4) I �� //�\� \/ rRDC_f JVJ'�� �373-41 `- A422.00'
89° 26' 26"W) r _ \
(N 5°40' 54" W 142.81 ' R3) Q R2) 7r�r� r7 J�IJr�/� / l�') J ` 1 FD 1" IP W/PP "FRANK-11\�J� �� \ • 10 FD . 2 1 /4" BRASS CAP ON TOP OF 2 1 /4" I P L41 (S 89°10' 18" E 85.47' R4) Q c� L49 (N89° 26' 26"W L48 J�IJJ 4 J,3 5J`6 2 & LAURA RCE 28029 ON CONCRETE, STAMPED N.E. CORNER (N 89010'21" W 85.47' R3) o° _ -_L51 _ / DN.0.5',NO REFERENCE SECTION 21, PER RS 100/52-57, RS 87/28-34, L42 (N 60044' 02" E 96.06' R4) 2 47 _ \ SOMMERS BEND - SD 1" IP OPEN DN. 0.5' ACCEPTED AS POINT a R2, R3 8 R4, UP o . 1 ' . (N 60 43' 59" E 96.06' R3) a a �i _ FD 8 x8 STONE MON. --- NO REFERENCE ACCEPTED AS 7r�r� r7 1\1r�_p 3-__j3 ' 1 ` 1 3- T ON SLY LINE OF (75. 81 R4) Ln _MK D 'P17 ON SLY R3 & R4 (75.84 R2 & R3) 11 FD STONE MON . W/"P-16" SCRIBED ON S' LY L43 (S 89°26' 27" E 338.54' R4) SEE J �- - POINT ON STY LINE OF R3 & R4 L59 SIDE UP 1.2 PER l�ll� �.3 � � i � i i
(N 89026' 30" W 338.53' R3) DETAIL "A " L45 R2, R3 & R4 RANCHO PAUBA BOUNDARY rr�r4 r r l\J1,4F 3 J 4 1 ` 12 (625.52' R4) (878.58' R4) 6 11 FACE W/TACK FOR S.E. CORNER SECTION 21 L44 (N 0°33'48" E 30.00' R4) -- IV]Fj '1 J3,/ 0-26 625.59'R2 & R3 (878.53'R2 & R3) PER R2, R3 8 R4, UP 0.5' (N 0°33' 47" E 30.00' R2) (5227.95' R4) (5227.88' R2 & R3) 20 I 2� RANCHO PAUBA BOUNDARY / 12 FD 6"X6" STONE MON. W/"P-15" SCRIBED ON SCALE: 1" = 400' PAR ° � � I� PAR. 2 I p A R41 p A R. (N89° 39 10 W 5282.95 R4) (N89°3912W 5282.87R2 & R3) � S ' LY FACE NO TACK , E ' LY 1 /4 CORNER 1 0 / o PmB �14/ ' ' PmB �6 o / PmB �27 / PAR�� pfnVtJC3 ��0 �° 3��J° PAR. �� \� PAR. `2 p° A �i . 3/ PAR • SECTION 21 PER RS 100/52-57, R2, R3 8 R4, FLUSH. 400 0 400 800 ��� �� 03=06 so-so 67-36 PmB 05/77�-772 �
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LA SERENA w;oz!
15 WAY
0 MARGARITA �y0
Of RD ELGP�I ��a
9�
,fly MS. MEADOWS
PKWY
VICINITY MAP
N.T.S.
TABLE DATA
NAME
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
kira"V12
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA
ENVIRONMENTAL CONSTRAINT NOTE
ENVIRONMENTAL CONSTRAINTS SHEET AFFECTING
THIS MAP IS ON FILE IN THE OFFICE OF THE OF
THE CITY ENGINEER, CITY OF TEMECULA, IN E.C.S. TRACT MAP NO, 37341-17
BOOK T , PAGE 420. THIS AFFECTS ALL LOTS. BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
RICK ENGINEERING COMPANY BOUNDARY MAP JUNE 2021
DIRECTION LENGTH /
------------------------- _- < I I -1��
(N 15037'54" W 143.83' R6) -- _ _ _ —
k�
(N 20014'42" W 24.16' 137) unl° 0u MAP H(o° �7—_T`
(N 71019'24" E 104.42' 137) � � � � 37 366 3
(N 79003'24" E 136.69' 137) 51� �M o �7 �� oo7 I I I
IN 39°51'24" E 6 .66' R7) I I I
(N 0021'36" E 2636.10' R4)
(N 0021'34" E 2636.07' R2 8 133)
(N 88000' 00" E 77.67' R6) � � \ DAYSpFtING W -�
(N 72 18'10" E 111.11' R6) \
(N 80041'49" E 149.49' R6)
IN 0 33 48" E 150.19' R4) I I I I
(N 0033'47" E 150.19' R2 8 133)
CURVE TABLE
DELTA RADIUS
LINE TABLE
Cl
(4019'42"
600.00'
C2
(10053'48"
300.00'
C3
(4055'16"
765.00'
C4
(13037'54"
600.00'
C5
(19041'50"
800.00,
C6
(27000'01"
350.00'
N
O
Z
H
LJJ
L LI
W
L LI
LU
U)
ARC
57.05' R6) ? UmA- Chu MAP Ho. �
65.71' 134) i
142.75' 138) �?�\ \ \ M o 4710 sG' e10 I
275.03' 136) i
164.94' 136) A
t 'p 32°04'44")
60.00_L 593 48 R4') ---�
1R-10
� 4G3Qc4 MAP HOo.�
377 34 � -T
47791-6(3
SHEET 3 OF 7 SHEETS
NOTES
1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL
SHEET, SURVEYOR NOTES AND MONUMENT NOTES.
2. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND
EASEMENT NOTES.
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE
CALIFORNIA COORDINATE SYSTEM, NAD 83
(NSRS 2011) EPOCH 2O10.00, COUNTY OF RIVERSIDE,
ZONE 6 , AS DETERMINED LOCALLY BY A TIE BETWEEN
CONTINUOUSLY OPERATING REFERENCE STATIONS
(CORS) "P477", 'BILL" AND ''PMOB" AS SHOWN
HEREON. (I.E. N 28° 53'23" E) DISTANCES SHOWN HEREON
ARE GROUND DISTANCES. GRID DISTANCES MAY BE
OBTAINED BY MULTIPLYING GROUND DISTANCES
BY 0.999901821, AVERAGE ELEVATION ABOVE
MEAN SEA LEVEL = 1354.
LEGEND
INDICATES BOUNDARY
INDICATES CENTER LINE
INDICATES LOT LINE
INDICATES EXISTING EASEMENT
LINE
• INDICATES FOUND AS NOTED.
■
INDICATES
FOUND
1" IRON PIPE
TAGGED LS
8805,
FLUSH PER
TRACT MAP
37368,
MB 468/89-98.
0 INDICATES
SET 1"
IRON PIPE
TAGGED LS
8805,
FLUSH.
CONTINUOUS
OPERATING REFERENCE
STATIONS
(CORS,
AS NOTED).
O
INDICATES
FOUND
1" IRON PIPE
TAGGED LS
8805,
FLUSH PER
TRACT MAP
37341,
MB 473/8-14.
l CORS STATION "BILL"
\ �"l2q•p2 ��\ o og� N 2154995.0380
/ o o \ E 6313564.1750
N88° 29' 38" E 10 ql
5295.87 (GRID) ° /�0
N88° 29' 38" E 16
�d �- sue, �/ / / ❑ 5296.39'
/ �(N88 29 37 E
\ LOU ���1C ADJ ® MAP Ho ® � �� aR2 & R3) w 011 /
0� \ Wco
OJ�Q z z � �,
(z) -
L5
L6
c
Qf
6 c
�I
'r
W
N
V
L.
�I
�
O
rn
NI
O
SCALE: 1" = 200'
200 0 200 400
L
. o�A a�2ouG3AC�u MAP I�]OO ® �9N� j 12 /���cs
�a
SOMMERS
5q,„�i 0 C-R=300'= •SR�LI
REET 6ENDN89°26'12"W
SSC1 55.00'
BUTTERFIELD L11Q, 9s'��5°�
8STAGE 0ROAD
,�� 10 S uM
,N78°41'48"E RAID
�
M
c6 I �ei
CC)* CORS STATION "PMOB" \
N 2074153.1260
E 6375547.4700
II WLLI
BASIS OF
-23 25 26 R � \ ( � BEARINGS DETAIL
CORS STATION "P477" N.T.S.
SEE SHEET NO. 2 �� N 2127663.6770
� E 6298482.8020
LOT LINE ADJ.
LD NO.21-1111
INSTEC.AO.2022-0008833 O 3134'\
G�MPPN
P
j
°g1116��gg2• ai
`N6�
0 Lo
N
00 O
v
N
z
-0028'03.697"
CONVERGENCE ANGLE
AT THE NORTHWEST
CORNER OF SECTION 21
LEGEND
INDICATES BOUNDARY.
INDICATES CENTER LINE.
INDICATES LOT LINE.
5 INDICATES SHEET NO.
AxEASEMENT NOTES
1. AN EASEMENT FOR PUBLIC UTILITIES AND
INCIDENTAL PURPOSES IN FAVOR OF GENERAL
TELEPHONE COMPANY OF CALIFORNIA
RECORDED DECEMBER 5, 1988 AS INSTRUMENT
NO. 88-354239, O.R. CANNOT BE PLOTTED FROM
RECORD..
2 A 3' PUBLIC UTILITY EASEMENT DEDICATED
HEREON.
3 A SEWER EASEMENT DEDICATED TO EASTERN
MUNICIPAL WATER DISTRICT FOR SEWER
PURPOSES WITHIN LOT 82 AND LOT 84.
4 AN EASEMENT DEDICATED TO
EASTERN MUNICIPAL WATER
DISTRICT FOR SEWER AND WATER
PURPOSES. 720
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA
TRACT MAP
NO,
37341-17
BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
RICK ENGINEERING COMPANY JUNE 2021
SHEET INDEX MAP
21 \ 1 19 1 18 1 17 1 16 1 15
i
22 2 4 _
�] / —
LOT 84 23 —
"SEWER"-
0.046 AC. /
25 26
3 24 V O 27 28 29 30
63 / ( 62 61 60 59 58 57
I � _
LOT 82 "BASIN" —
0857AC 1
PARCEL A
LOU LHHE ADJ.
HOO ® LD2�-TM
MU. HOO ®2022=00008 a 33
NEC.
14 1 13 1 12 1 11 1 10 1 9 1 8 1 7 1 6 1 5 1 4
PENSTEMON WAY-7 2 4
76 LOT "B"
Z
F
31 32 33 34 35 36 37 38 39 40 4
56 55 54 53 52 51 50 49 48 47 46
LOT D
HILLSTONE STREET
1 3 ' 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79
O
URAC U ISO
37308
NB too/go-go
I LOT 83 "LANDSCAPE" 7
I 0.641 A.C.
I
SHEET 4 OF 7 SHEETS
NOTES
1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET,
SURVEYOR'S NOTES, MONUMENT NOTES AND
RECORD DATA FOR BOUNDARY.
2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF
BEARINGS AND VICINITY MAP.
3 1 2 1 1 1 o 1 7
I � �
1 42 43 I I.IJ
I � I
0 I
j I �o
45 44 Q r—
I �
J
80 81 I
SCALE: 1" = 60'
60 0 60 120
LINE TABLE
NAME
DIRECTION
LENGTH
----
L2
----------------
N
77001'02"
---------
E 13.97'
L3
N
4018'29"
E 8.09'
L5
N
54057'10"
W 36.42'
L9
N
67048'00"
E 29.65'
L10
N
79003'24"
E 32.97'
L11
N
71017'50"
E 14.89'
L12
N
6029'29"
W 15.23'
L13
N
6029'29"
W 25.81'
L14
N
4018'29"
E 3.65'
L15
N
8035'27"
E 18.08'
L16
N
77001'02"
E 23.30'
L17
N
40039'46"
E 29.64'
L18
N
77001'02"
E 32.65'
L19
N
77001'02"
E 37.38'
L20
N
74012'11"
E 30.47'
L21
N
77001'02"
E 19.96'
L22
N
71032'50"
E 36.54'
L23
N
74012'11"
E 15.00'
L24
N
67048'00"
E 1.42'
L25
N
71032'50"
E 8.68'
L32
N
68024'00"
E 16.80'
L33
N
78017'50"
E 37.76'
L34
N
8012'10"
W 4.12'
L35
N
4018'29"
E 6.63'
L36
N
74025'37"
E 20.12'
L37
N
78017'50"
E 29.36'
L39
N
8035'27"
E 22.96'
L40
N
78017'50"
E 23.84'
L43
(N
55025'37"
E 33.73'
R7)
L44
N
4018'29"
E 4.45'
L46
N
67048'38"
E 4.18'
L47
N
69013'49"
E 1.33'
CURVE TABLE
NAME
DELTA
RADIUS
ARC
Cl
10047'59"
--------
100.00,
18.85'
C7
4054'16"
325.00'
27.82'
C13
1008'58"
875.00'
17.56'
C14
3029'25"
875.00'
53.30'
C15
3018'24"
875.00'
50.50'
C16
1016'15"
875.00'
19.41'
C17
9039'42"
100.00,
16.86'
C18
1008'17"
100.00,
1.99,
C19
3009'18"
65.00'
3.58'
C20
32015'27"
65.00'
36.59'
C21
29023'33"
65.00'
33.34'
C22
29030'13"
65.00'
33.47'
C23
10047'59"
100.00,
18.85'
C24
2009'37"
325.00'
12.25'
C25
9011'13"
100.00,
16.03'
C26
0037'15"
925.00'
10.02'
C27
2052'27"
925.00'
46.40'
C28
2056'10"
925.00'
47.40'
C29
2047'10"
925.00'
44.98'
C35
1040'15"
1085.00'
31.64'
C36
2036'16"
1085.00'
49.32'
C37
2037'09"
1085.00'
49.60'
C38
2035'48"
1085.00'
49.17'
C39
0024'21"
1085.00'
7.69'
C40
2019'56"
1135.00'
46.20'
C41
2019'20"
1135.00'
46.00'
C42
2019'56"
1135.00'
46.20'
C43
2019'20"
1135.00'
46.00'
C44
0012'41"
1135.00'
4.19'
C47
14007'23"
100.00,
24.65'
C48
0012'22"
1135.00'
4.08'
C50
4029'14"
100.00,
7.83'
C51
0010'16"
1135.00'
3.39'
C52
1022'23"
1460.50'
35.00'
C53
2044'39"
325.00'
15.57'
SCALE: 1" = 40'
40 0 40 80
(N71° 19'24"E
---V-104.42' R7)--,..
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS NOTES
TRACT MAP NO, 37341-17 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO.LD19-1393 RECORDED FEBRUARY 20,2020 AS PARCEL Q SURVEYOR'S NOTES, MONUMENT NOTES AND INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED L O T M H E Q ID J ° RECORD DATA FOR BOUNDARY.
IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT L D H oO ° 2� e M � 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE MOT. H O ° 0022 e BEARINGS AND VICINITY MAP.
CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, 0000 0 �� 3. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
\ � � � ® � o � e �0�� EASEMENT NOTES.
RICK ENGINEERING COMPANY / JUNE 2021
/ LOT LINE ADJ.
LD NO.21-1111
57.89N79° 03'24"E 13 69 _ - - INST. No. 2022-0008833 SEE DETAIL "A" R7) - - REC.1-6-2022
5.83-� -- - - - - -
(N69°13'49"E L10 71 1924"E104.42' R7) (N69°13'49"E 706.15' R7) 706.15' R7)�- L11 44.25'
45 27' 45 02' 48 01' 46 Al 48 01'
��- 45.27'
L47 N
16 , o
o w
� N
a
0 DETAIL "A"
N.T.S.
0 45.02' �-
� I z
r$ ��\� 0000
19 I r8 N Z Z Z N
� o��I o� r� ;w r6 0o r$ oN r4 oN r3 0 r2 0-
9 �I _ W OCAJ IV N 71 IV N
Z co rn w o A o0 0 0 0
66°S \ v cool o
\6,Rq � \ ° � o
26 70
C20- N8I o
80'0 99 419041 E zl w 2 4
Cl L2- C16 _ _ - _-48.00'- - - - -
22/Q,� C1 d=g C13'02" �C14 C13- -L9- - 48.00 ° �I 46.00 - N88o 92.86, I R=875.00 L=140.76 N67 48 OO E 551.36
25, 00 '
oti 9 26,10\8L,11- N77° 01' 02 E 0102" 6� ° 25.00' -{ ° LOT B � a S q1�l 6 s9 N77° 84 =9 13'000.00' L=144.78' _ N67 48 00 E 551.36 0 _ 2 /_ ` 70. 03? E I 25. op, 25. oo' - PENSTEMON WAY
Ln
3 3 / L 18 -L 19- d=9 ° 13'02" I N67° 48' 00" E 551.36' , 40'- 0o N88° �' oo - C2 --R=925.00' L=148.81' - - - - 46 - - ,� 10, 10„W l Q w ``'// C26 7 -C28- -C29- -47. 40'- - - -46. 40 47. 20 S ti a z z Z L24 w
N8 °SFwFq�r84 W Z Z Z Z N
N
ryc\, 8 26'10 Q46, qq v =o` � `� ham. oo 1 26, o 0,� 2 4 w� CQ N N N o f N o 2> o 3 3r _ ° 32 0 , 33
co 8 1010�'q�.' ,�� O o�"o ��,, a 28 00 29 -o� o� N oN oN 0 o \�q'1 „2 RA v� v=°� IV85 aoo 0ZE 0 00 �o 000
i 24 �R40 c`�' o•� o 503 8�0"f n n O
iy88o26\ �N o0 00 0 .�/ �3S L16 48.27� o L25 L46 N67° 48' 0011E 512.02' �� Z 10" �' o / 46.47' L21 L20 47.20' 46.40'
9g 6y o L23 46.40 W
64, 66 6,> w co w 68 o W 69 T w �0 W w �r N w 7
a 12 o C' III 3I�' o � O `_'' � CO � N 6� Ln O N O CD
6D
� o o OD o o
o o
=312.8g � I NI ^ I �� o � CD
, I o
L37 R 6 49.24' N73° 35' 27" E N72° 03' 5811E N69° 24' 38" E N68° 20' 56" E N67° 26' 09" E N67° 56' 48" E (A ::25 / ` � 23. 73 N74°25'37"E 49.50 49.68' 46.41' 46.00' 46.21 45.80 7 m A° C U H O ® 25 26" R=1460. ' / N10° 09' 47" w RAD 69. 36' 37 30 a 00 L=597. LOT 83 "LANDSCAPE" 0.641 AC.
�] o 4 0 o / o 0 o 0 09'R4) 4=1 °
�0
_ 1 08157" L-284.20'
(N68° 41' 16" E 492.76' R4)
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA [PARCEL Q TRACT MAP NO,
37341-17
L 0 7 M H E Q W • BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS L D H0. PM e M � INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED M7. H 0 ° 20,22 e 020 o S 33 IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE R E C ° 0 6 e P.M. LOT LINE ADJ. CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, LD NO.21-1111 RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
INST. NO.2022-0008833 RICK ENGINEERING COMPANY JUNE 2 21 REC. 1-6-2022
- (N69°13'49"E 706.15' R7)
46.01' 1 48.01' 1 46.01' 1 48.01' 1 46.01' 1 48.42' 46.01' 1 47.01' 45.01' 1 49.02' 48.20' - - - Z N
N
O N ZNN0C6Ol zNNO II I N N
N c9
r0 9 8 V rQ
�CN O p OOco
cn
CA pO
�O
O W /rC��J�ji1 CI �� {I1Lj�I
1 O o
Qj
ZE
Lll/LI ? LI CJJ LI 4�
2 4 �o
L8 \
7°48' 00" E-46.00'- ` 48.00'- - 46.00'- --48.40'-46.00'- --47.00'- -C6 -L7 J"NE -45.00'- - - - - -L6-- C12
- _46. 00'- - -48. 00'- - "' N71 ° 49' 54" E� C5
- N67° 48' 00" E 551.36 "'
LOT B L' 25.00' o 50.00' Iv, p
11 II (n
C3 � N71 ° 49' 54"E zr-9
pi
N6745 00 �11
N67° 48' 00" E 551.36' o- _ - -- - -
E�" c 50. 00, N N
PENSTEMON WAY UQ 25.00' -� of N71°49�54"E �•"' N67°48'00"E N67° 48' 00" E 551.36' C10 50.00' po o 45.00' �
�- L28 ` 02-
- - - --47.40'- --46.40'- - 47.40'--46.20'- - - -47.80 - - -46.20 - 47.40 - - C30 / C31 27 20.00' L) �w 4 \1 - /
Z Z 2 N I
d Z z N N N N pp N � N N N N
IZ N IN N � N N 00 p 4 j O 4 co O I CTI Z
Z N pp N 00 3 �O O O N 4O N n, N O
33 37 � N 34 O N S O N s O N O N O N �9 0 O � O pZE 0 O Z p J� p O p O p O O O - O N N
W O p c> p O � n n O N CD
W i N
o� j r-
= N680 16'01''E I -
(n - N67° 48' 00" E 512. 02' 47. 80' 46.20' 47. 40' 45.80' N73° 40' 13"E N67° 48' 00" EI ;Ms oo 1>c c w p co W ,8 O W 1>9 W (gO N 8 r Co J Ln
N W �� O �� j � 0� O 6� V pO� O p O p p O co- N
II r v' CDO O O O CD�_ � NJ U 4� LI
0 w 2o �
N66° 56' 21 "W N67° 55' 39" E N66° 56' 49" E N68° 1143" E 46.60' 46.00' 46.20' 45.60' N72° 03' 55"E N76° 10'55
46. 62' 45. 80' 46. 61, 46. 20'
N68° 24' 00" E 184.40' 45.06' 44. 76' 11E- - - I
LOT 83 "LANDSCAPE" 0.641 AC. - - -
N16023'27"W RAD i-
(0=4055' 16
(N68° 41 ' 16" E 492. 76' R4) 'T R Q C'T H O ® � R=765.00I 37368
Hj o 410 o / o 0 = o
SHEET 6 OF 7 SHEETS
NOTES
1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET,
SURVEYOR'S NOTES, MONUMENT NOTES AND
RECORD DATA FOR BOUNDARY.
2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF
BEARINGS AND VICINITY MAP.
3. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND
EASEMENT NOTES.
LINE TABLE
NAME
LENGTH
L1
----DIRECTION
N
---
67012'00"
---
W 28.28'
L4
N
15037'54"
W 25.00'
RAD
L6
N
71049'54"
E 32.11'
L7
N
71049'54"
E 17.89'
L8
N
67048'00"
E 4.30'
L26
N
67048'00"
E 33.74'
L27
N
71049'54"
E 37.82'
L28
N
71049'54"
E 12.18'
L29
N
26039'37"
E 29.59'
L30
N
68024'00"
E 17.72'
L31
N
68016'01"
E 4.00'
L38
N
68024'00"
E 38.50'
L41
N
15037'54"
W 32.54'
L42
(N
20014'42"
W 24.16'
R7)
L45
N
67048'00"
E 4.20'
CURVE TABLE
NAME
DELTA
C2
4001'54"
--RADIUS-
---ARC--
300.00'
21.11'
C3
4001'54"
300.00'
21.11'
C4
6007'00"
300.00'
32.03'
C5
4001'54"
275.00'
19.35'
C6
4001'54"
325.00'
22.87'
C8
4046'48"
300.00'
25.03'
C9
4013'58"
625.00'
46.17'
C11
0029'33"
275.00'
2.36'
C10
4001'54"
275.00'
19.35'
C12
3032'20"
275.00'
16.99'
C30
2030'48"
275.00'
12.06'
C31
1031'05"
275.00'
7.29'
C32
4001'54"
325.00'
22.87'
C33
3028'04"
625.00'
37.83'
C34
2030'02"
625.00'
27.28'
C45
0045'09"
575.00'
7.55'
C46
5012'57"
575.00'
52.34'
C49
(4019'42"
600.00'
45.33' R6)
C53
1009'07"
275.00'
5.53'
C54
1009'07"
275.00'
5.53'
C55
4057'52"
300.00'
25.99'
SCALE: 1" = 40'
40 0 40 80
a'12.
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SHF
FTH
LOU`/ M2
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0.0 677 Ac.
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IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA SHEET 7 OF 7 SHEETS NOTES
TRACT MAP NO, 37341-17 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO.LD19-1393 RECORDED FEBRUARY 20,2020 AS SURVEYOR'S NOTES, MONUMENT NOTES AND INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED RECORD DATA FOR BOUNDARY.
IN BOOK 468,PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE BEARINGS AND VICINITY MAP.
CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, 3. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND RANGE 2 WEST, SAN BERNARDINO MERIDIAN. EASEMENT NOTES.
RICK ENGINEERING COMPANY JUNE 2021
3 N74°25'3711E 69.36' N7
SEE SHEET NO. 6
HILLSTONE STREET
LOT "D" n
2 4
(0
07 a @
@@
70 7
772
773
74 775
77Cg
777
77 @
770
@ (o
@ �
3.35'27"E
N72'03 58 E
N69°24 38 E
„
N68°20 56 E
N67°26 09 E
N67°56 48 E
N66°56'21"E
N67°55 39 E
N66°56'49"E
46 N68°11'43"E
N68°24'00"E
184.40'
N72°03'55"E
45.06'
N76°10'5t
44.7g�
'6=11 '08'57',
R=1460.50' L=284.20'
L=597.09'R4) —
URQC U �10
WE �Y V
LOT 83 "LANDSCAPE" 0.641 AC.
( N68°41'16"E
492.76' R4)
19 A=4°55'16"
R=765.00' L=65.71'
N16°23'27"W RAD
LINE TABLE
NAME DIRECTION LENGTH
L1 N 12004'47" E 23.73'
L2 N 78017'50" E 23.84'
L3 N 78017'50" E 29.36'
L4 N 15037'54" W 32.54'
CURVE TABLE
SCALE:1 50' NAME DELTA RADIUS ARC
Cl 14007'23" 100.00, 24.65'
50 0 50 160 C2 0022'37" 1135.00' 7.47'
ENVIRONMENTAL CONSTRAINT SHEET
TABLE DATA
ENVIRONMENTAL CONSTRAINT NOTES IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA an
NAME DIRECTION LENGTH W J
----------------------------- 1 . THIS PROPERTY IS LOCATED WITHIN 30 OC �+ L1 (S 64010'07" E 137.86' R4) MILES OF MOUNT PALOMAR OBSERVATORY. W w \ (N 64010'00" W 137.86' R2) ALL PROPOSED OUTDOOR LIGHTING SYSTEMS WITH THE CALIFORNIA TRACT MAP NO, H Q sHALL �1 L2 (N 71051'24" E 60.57' R4) SNSTITUTTEPLY OF TECHNOLOGY, PALLOMAR BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS m N J (N 71 0 51 '21 " E 60. 57' R2) OBSERVATORY RECOMMENDATIONS, INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED L3 (N 47054'03" E 206.41' R4) ORDINANCE NO. 655. IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT ( N 47054' 00" E 206.41 ' R2) NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE L J y L4 (N 74040'31" E 84.91' R4) 2 THIS PROJECT IS WITHIN A 55'
-L45-�-- SURVEYOR'S NOTES
SHEET 1 OF 1 SHEETS
L 5 9 1. INDICATES FOUND AS NOTED.
-(N89° 39' 10"W
5282.95, R4)-A- 2. ■ INDICATES 1" IRON PIPE TAGGED LS 8805, (N89°39'12"W TO BE SET FLUSH PER TRACT MAP 37368,
5282.87' R2 & R3) MB 468/89-98.
DETAIL"A " 3 O INDICATES SET 1" IRON PIPE TAGGED LS 8805 CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, (N 74°40' 28" E 84.91 ' R2) LIQUEFACTION HAZARD ZONE. RANGE 2 WEST, SAN BERNARDINO MERIDIAN. N.T.S.
L5 (N 89°42'02" E 162.15' R4)
(N 89041 ' 59" E 162.15' R2) 3. ENVIRONMENTAL IMPACT REPORT (E I R) RICK ENGINEERING COMPANY ° ° JUNE 2021 u @ u L6 (N 63056' 09" E 113.99' R4) (SCH#97121030) WAS PREPARED FOR (N88 29 38 E 5296.39 R4) (N88 29 37 E 5296. 39 R2 & R3) (N 63056'06" E 113.99' R21 THIS PROJECT AND IS ON FILE AT THE 10 L7 (N 84027' 29" E 144.82' R4) CITY OF TEMECULA PLANNING DIVISION. \ \ CONTINUED TABLE DATA CITY LIMIT (N 84027'26" E 144.82' R2) \ \ NAME DIRECTION LENGTH L55 (N 38°15'21" E 663.57' R4) LINE L8 IN 84027'27" E 49.09' R4)
IN 84027'24" E 49.09' R3) ----------------------------- (N 38015'24" E 663.55' R1) (N 38 15 19 E 6.55 R2)
L45 (S 89°39'10" E 319.78' R4►
L9 IS 84012'25" E 129.22' R4) 1 � L56 (N 38015'21" E 65555.50' R4) IN 84012'28" W 129.22' 1331 I IN 89039'12" W 319.80' R2) (N 38°15'19" E 655.48' R2) L32 L10 (N 83031 ' 26" E 386.16' R4) MURRIETTA OT I L46 (N 0021 ' 22" E 265.43' 134) L57 (N 00 33' 48" E 485.01' R4) o �r (N 83°31 ' 23" E 386.16' R3) - SPRINGS ROLD J I (N 0°20' 58" E 265.41 ' R2 ► (N 0° 33' 47" E 485.01' R2) v "� °z L11 (N 57°40' 49" E 87.87' R4) _ - L58 (N 890 39' 10" W 55.00' R4) (N 57°40'46" E 87.87' R3) _ - L47 (S 89026'26" E 126.19' R4) (N 89°39'12" W 55.00' R2 & R3) I � � �� L12 IN 72°09'33" E 161.36' R4) O IN 89 26'26" W 126.19' R2) L59 (N 89039'10" W 601.73' R4) �� ��v' - c� L48 (N 0 33'34" E 76.01' 134) (N 89 39 12 W 601.61 132) 26 IN 72009'30" E 161.36' R3)� \
L13 IN 81 ° 26' 12" E 356.89' R4) o� o (N 0033' 34" E 76.01 ' R2) (N 89° 39' 12" W 601.50' PM 14/93-94) ��,] ��'S o� � N �� i �l �� L49 (N 48°26'50" W 30.47' R4) NAME ---DELTA--- -RADIUS- ---ARC- ti° - 1 (N 81 26'09" E 356.89' R3] I I oS r� zG��J ____ \
� � w tt
L14 (S 89059'57" E 283.29' R4) 1 �g D�� (N 48025'50" W 30.48' R2) C1 (23°23'23" 1600.00' 653.17' R4) 23\ `r ��� IN 90000'00" W 283.29' 133) O� L50 (N 36044'32" E 122.41' 134) (23°2333" 1600.00' 653.24' R1 & 132) �21 L22 L15 (S 83050' 13" E 159.06' R4) \ �� °o (N 36°44' 30" E 122.39' R2) C2 (2° 08' S2" 1600. 00' S9. 98' R4) - r o U� - - - (20 08' 45" 1600.00' 59.92' R1 & R2)
(N 83 50' 16" W 159.06' R3) \ RORIPAUGH I I L51 IN 89°26' 26" W 500. 00' R4 8 R21 C3 (35° 32' 42" 1600. 00' 992. 60' R4) L16 IN 61056'25" E 264.03' R4) VALLEY L52 (N 0°33'48" E 1610.00' R4) (N 61056'22" E 264.03' R3) \ (35° 32 46 1600.00 992.63' R1 & R2) L17 IN 51006'12" E 146.91' R4) �= = ROAD�J I (N 0034'04"E 1610.00' R1) �l (N 51006'09" E 146.91' R3) - 8 L53 (N 38015'21" E 82.30' R4) ", L18 (N 40050;09" E 160.��; R4) I O� J� (N 38015i18"E 82.30' R2) IR (N 40°50 06" E 160. R3) o�,0 1��, l / L54 (N 0 33 48" E 150.19' R4► L19 (N 45 27 37" E 97.37' R4) o p / °
° �� �'j �� 6 / (N 0 33'47"E 150.19' R2 8 R3) L13 L14 L15 / (N 45 27'34" E 97.37' R3) %? (( 6 ?2
L20 (N 55 ° 57' 04" E 292.00' R4) �j� 4 �'/ L7 '\� �'
IN 55057'01" E 292.00' R3)°o \�� J^6., 6 L8 Lg 1-10'�� 7G3QC�7 NO. .
�D_
0 v 1 43 N
H
L41
L21 IN 71033'59" E 183.58' R4) 7 L4 L5
IN 71 °33'56„ E 183.58' R3) 56.00'
L22 (N 10059 51 W 41 .74 R4) Q L53 �� ��� ���_ -'-� L;N IN 10059'54" W 41 .74' R3) ��vQ��� �2 / o� o °� (� �� oL L23 IN 46017'13" W 70.83' R4) - �Q�Qp� /y■- rINQC'r N0 �zo IN 46017'16" W 70.83' R3)�N81°36'16"E
L24 IN 300 10' 20" E 129.03' R4) �JQ� �'ih�R'� D� <<, 465.13' R4�" (N 30010'17" E 129.03' R3) �� 5 �,�h,��� (N81°36'RZIE �C� � 3� �,=������� 1 L25 ( N 41 58 20" W 153.10' R4) L'O ,,� �� h , 465.73 - ,, p �� 06 p o o a IN 41058'23" W 153.10' R3) RO,q�`S ��Al cb �� �� �� \ y� '� o G\�Co3 ��l B/ �L3Q�� II�10. / o L26 IN 68029'22" E 150.04' R4) O 4
IN 68029'19" E 150.04' R3) N53°53'32"W RAID coh~ \ \ U(M1D L27 (N 49018'15" W 61.50' R4) U ID
Q�� NE- o
a
IN 49018'18" W 61.50' R3) \�� %� �jj S�� 137 34�-TJ\ 5� jQ i '3 �� �� - a L28 IN 27042'29" W 157.42' R4) /�j �j�\ o �� �� �� o�g ENi c�- / ° IN 27042'32" W 157.42' R3) -� / \ SpMM� PARCEL A
L29 IN 3009' 15" E 69.52' R4) o , o �� \ LOO 4 LME OADD d. \ \ °° � I- _ (N 3009' 12" E 69.52' R3) _ _ � o �o , n, �� ���� 0��� \ N s� C) L30 IN 31°08'52" E 146.57' R4) `\'ho� o (ADD H0° \ \ �� O 0 i?� a IN 31008'49" E 146.57' R3) - M � o '� rn p o (�_ M \ H0. 2022-0006 a 13 3 / �(r�Q° �� (1�]0. ?� d� - � , C�j A-� v �J Ll V O ° o O Oo po
L31 (N 59053'24" E 91 .23' R4) v� rn�O I 37306
o \G3(C�°-C� -�0�� /j�3��
IN 59°53'21" E 91 23' R3) " �� l RWF3 7
'
L32
(S
80011 49"
E
146.69'
R4)
(N
80011'52"
W
146.69'
R3)
i�
3 I
L33
(S
24016'03"
E
163.27'
R4)
-C
IN
24016'06"
W
163.27'
R3►
L34
(S
40055'25"
E
372.57'
R4)
t�
I
(N
40055'28"
W
372.57'
R3)
L35
(S
22046'27"
E
193.68'
R4)
-
(N
22046'30"
W
193.68'
R3
-
L36
(S
0050'29"
E
260.95'
R4)
�
� -
IN
0050'32"
°
W
260.95'
R3)
N
o�N
-,
M
N
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J W
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L37 IS 819 57 W 112.76 R4)
IN 80
11'54" E 112.76' R3) 1 0? o -
L38 (S 25031'21" W 112.71' R4) 55' - % / \�-L / \
N 25031'18" E 112.71' R3) 110' rfr rr 1 F rjRr1rr J\JJ,1�_P 3J3z 1 - 16 L39 (S 37018'50" W 85.50' R4) -
�J� � J � 1 r
IN 37°18'47" E 85.50' R3) (422.01' R4 JJ18 '1J�31-''r J`JJ T') L40 IS 5040'51" E 142.81' R4J `� UN I N89°26'26"W) rr�r�r7 1\Jlr�� J -'r 1 1 1 -\ (N 5040' 54" W 142.81 ' R3) (422. 00' R2) rfRr� rr J\JJr�P 3J32 J � 15 FD 1" IP W/PP "FRANK--�\lJ= '; J�3� L41 (S 89010' 18" E 85.47' R4) t� L49 (N89026' 26"W L48 1\l1J l 3���� & LAURA RCE 28029 J 2� J) I\ \ (N 89010'21" W 85.47' R3) L� - - - L51 ,
L42 (N 60044' 02" E 96.06' R4) 2 �/ i N. 0.5' NO REFERENCE 47 _ SOMMERS BE - - RFD 1" IP OPEN DN. 0.5' ACCEPTED AS POINT IN 60 43 59" E 96.06' R3) t� FD 8 x8 STONE MON. - ON S'LY LINE OF (75.81' R4) ° Ln - _MK'D ''P 17" ON S'LY - R 4 rr ]VI14P �3J.�'J 1 � ;3 - r NO REFERENCE ACCEPTED AS R3 & R4 � (75. 84' R2 & R3)� L43 (S 89 26' 27" E 338.54' R4) SEE �OINT ON SLY LINE OF R3 & R4 i L59 J SIDE UP 1.2' PER J\JJ�-''rJ�� }J� ]
(N 89026'30" W 338.53' R3) DETAIL "A" L45- R2, R3 & R4 RANCHO P UBA BOUNDARY fTR'�0 r IV], _P 3 J.3'1 1 ` 1 � � � (625.52' R4) (878.58' R4) 6 ° - \ J �� - 2 r � � 625.59' R2 & R3
L44 (N 0 33 ' 48 " E 30.00' R4) � 111 � J �3 � � J � � �L (878.53 R2 & R3) (N 0°33'47" E - 30.00' R2) �� (5227.95' R4) (5227.88' R2 & R3) SCALE° 1 - 400 20 1 1 2� _ RANCHO PAUBA BOUNDARY (N89° 39' 10"W 5282.95' R4) (N89° 39' 12"W 5282.87' R2 & R3) �. o _pJ\ll� 1 ' P1\l1J 1 �- _PJ\J13' J �J� �r1f�, 12 �J\JJJ 1-' ) � )J �r1f� 1 1 �r�F� �r�i� 460 0 460 800 �� 2� 3 5 11 J l`J PJ\ll� )5/J 1 J 'f
TRACT MAP NO. 37341-17
19 rn
LO
0 FLUSH.
4. ALL MONUMENTS SET ARE PER RIVERSIDE COUNTY
ORDINANCE 461.21.
5. THIS TRACT CONTAINS 12.263 ACRES GROSS.
6. DRAINAGE EASEMENTS SHALL BE KEPT FREE OF
BUILDINGS AND OBSTRUCTIONS.
7. ALL MONUMENTS SHOWN AS SET SHALL BE SET IN
ACCORDANCE WITH THE MONUMENTATION AGREEMENT
FOR THIS MAP.
8. THIS TRACT CONTAINS 84 LOTS.
9. - INDICATES SUBDIVISION BOUNDARY.
10. RAID INDICATES RADIAL BEARING.
11. R1 INDICATES RECORD PER RS 143/82-89.
12. R2 INDICATES RECORD PER MB 342/73-85.
13. R3 INDICATES RECORD PER MB 401/89-96.
14. R4 INDICATES RECORD AND MEASURED PER
TRACT 37368 MB 468/89-98.
15. R6 INDICATES RECORD AND MEASURED PER
TRACT 37341 MB 473/8-14.
16. R7 INDICATES RECORD PER LOT LINE ADJUSTMENT
NO. LD21-1111 RECORDED 1-6-2022 AS INST.
NO. 2022-0008833.
17. R8 INDICATES RECORD PER LLA 19-1393
REC 2/20/20, INST. 2020-0076510.
18. ALL LOT CORNERS OF THIS MAP WILL BE MONUMENTED
BY A 1" IRON PIPE TAGGED "LS 8805", FLUSH UNLESS
OTHERWISE NOTED.
19. C.C. 8 R's, RECORDED 10-28-2019 AS INST.
NO. 2019-0433380.
❑X MONUMENT LOG
T"
N t,
LL- 1 FD 1" IP W/TAG "LS 7891", S. E. CORNER
SECTION 20 PER R1 8 R4, FLUSH.
n� 2 FD. 3" BRASS CAP W/PUNCH, "LS 7891", IN WELL
MONUMENT, CL INT. BUTTERFIELD STAGE RD. 8
SOUTH LOOP RD. PER R1 8 R4, FLUSH.
C 3 FD. 1" IP W/TAG "LS 7891" B.C. CL BUTTERFIELD
as - STAGE RD. PER R1 8 R4, DN. 0.1'
4 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891" IN WELL 3
o MONUMENT, CL INT. BUTTERFIELD STAGE RD 8 NORTH
rl)`� `�� LOOP ROAD 8 N I COLAS RD. PER R1 8 R4.
N
5 FD. 1" IP W/TAG "LS 7891", E.C. CL BUTTERFIELD
STAGE RD. PER R1 a& R4, FLUSH.
N
o
6 FD. 3/4" IP W/TAG "LS 4251" PER PMB 95/71-72, R2, R3
z "t7 oo 8 R4, FLUSH.
7 FD. 1" IP W/TAG "LS 7891" B.C. CL BUTTERFIELD
M T STAGE RD. PER R1 a& R4, DN. 0.1'.
N\ 8 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891" IN
M �\ WELL MONUMENT, CLINT. BUTTERFIELD STAGE RD. AND
N\ \ RORIPAUGH VALLEY RD. PER R1 8 R4, FLUSH.
z \
-- 9 FD. 2" IP W/TAG "LS 3483" N.W. CORNER
SECTION 21. PER R1 8 R4, FLUSH.
�i t7
� j 10 FD. 2 1/4" BRASS CAP ON TOP OF 2 1/4" IP
ON CONCRETE, STAMPED N.E. CORNER
SECTION 21, PER RS 100/52-57, RS 87/28-34,
R2, R3 8 R4, UP 0.1'.
11 FD STONE MON. W/"P-16" SCRIBED ON S'LY
11 FACE W/TACK FOR S.E. CORNER SECTION 21
PER R2, R3 8 R4, UP 0.5'.
12 FD 6"X6" STONE MON. W/"P-15" SCRIBED ON
S'LY FACE NO TACK , E'LY 1/4 CORNER
SECTION 21 PER RS 100/52-57, R2, R3 8 R4, FLUSH.
BOOK T PAGE 420
Item No. 22
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 22, 2022
CALL TO ORDER at 8:38 PM: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval.
17. Approve Action Minutes of March 8, 2022
Recommendation:
That the Board of Directors approve the action minutes of March 8, 2022.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 8:51 PM, the Community Services District meeting was formally adjourned to Tuesday, April 12, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 23
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: April 12, 2022
SUBJECT: Approve a Three -Year Agreement between Temecula Community Services District and Social Work Action Group for Homelessness Related Services PREPARED BY: Mike Wooten, Administrative Services Manager RECOMMENDATION: That the Board of Directors approve a three-year agreement between Temecula Community Services District and Social Work Action Group (SWAG) for homelessness related services.
BACKGROUND: On January 11, 2020, the City of Temecula entered into an agreement with Social Work Action Group (SWAG) to provide street outreach services to Temecula's homeless population. Over the past 14 months, thanks in large part to SWAG the City has been able to successfully assist 104 individuals with exiting the streets, which includes securing treatment and/or housing, and family reunifications. The existing agreement expires on April 11, 2022, and the Community Services Department now desires to enter into a new three- year agreement, which will position the City of Temecula to continue working towards the City's goal of permanently reducing the incidence and impacts of homelessness in Temecula over this period. Services will continue to be evaluated over the term of this agreement to determine any necessary modifications to the level of service to ensure continued success.
FISCAL IMPACT: Total fiscal impact of $1,476,604.80 ($1,342,368 + 10% contingency), or $492,201.60 ($447,456 + 10% contingency) per year. For the remainder of FY 21/22, budgeted funds already cover this proposed amount. For FY22/23 and a portion of FY 23/24, funding will be provided via CRP funds as allocated per Council direction on March 8, 2022 (total allocation of $500,000); for the balance of FY 23/24 and all other subsequent years, funds will be requested through the annual operating budget.
ATTACHMENTS: Agreement
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
SOCIAL WORK ACTION GROUP (SWAG)
CITYWIDE HOMELESS OUTREACH SERVICES
THIS AGREEMENT is made and effective as of April 22, 2022, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Social Work Action Group (SWAG), a C Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on April 12, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional years.
In no event shall the contract be extended beyond June 30, 2028.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Four Hundred Forty -Seven Thousand Four Hundred Fifty -Six Dollars and No Cents ($447,456.00), plus 10% Contingency of Forty -Four Thousand Seven Hundred Forty -Five Dollars and Sixty Cents ($44,745.60) for each fiscal year for a total not to exceed Agreement amount of One Million Four Hundred Seventy -Six Thousand Six Hundred Four Dollars and Eighty Cents ($1,476,604.80) unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner 08/09/2021
as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by the District. Any additional work in excess of this amount shall be approved by the the District.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees.
If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
6. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
08/09/2021
7. OWNERSHIP OF DOCUMENTS
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the SuccessorAgency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.
9. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 08/09/2021
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. a. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the 08/09/2021
expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall' not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, 08/09/2021
voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Social Work Action Group
Attn: Monica Sapien Petroff
28497 Hwy. 74 B-113
Lake Elsinore, CA 92532
14. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
15. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 08/09/2021
16. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
James Stewart, TCSD President
ATTEST:
By
Randi Johl, Secretary
APPROVED AS TO FORM:
By
Peter M. Thorson, General
Counsel
SOCIAL WORK ACTION GROUP (SWAG)
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Monica-Satpien, Executive Director
By:
Aaron Petr if, Director of Programs
CONTRACTOR
Social Work Action Group
Monica Saoien
28497 Hwy. 74 B-113, Lake Elsinore, CA 92532
951.202.2934
[email protected]
City Purchasing Mgr.
Initials and Date:
344'71-
08/09/2021
EXHIBIT A
Tasks to be Performed
To address the increase of unsheltered homeless individuals in the City of Temecula, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered homeless individuals, families, and encampments to reduce the number of visible homeless residing in the City of Temecula. With the assistance of Riverside County Sheriff's Department -Temecula Station, SWAG will identify individuals and geographical areas of concern. SWAG will provide consistent outreach and case management services to those most in need with the ultimate goal of permanent housing. SWAG will build upon our efforts from the last year in Temecula and continue to reduce the homeless population both visibly and documented through the annual Point -in -Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Temecula to collaborate efforts and spread the message of Responsible Compassion.
Census of unsheltered homeless
In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, Riverside County Sheriff's Department -Temecula Station, and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by -name list. A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness, such as severe trauma(s).
We will also detail one's connections and support systems in the city to leverage those individuals and incorporate those resources. This information be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city.
Outreach to the unsheltered homeless
Street outreach must be intensive, consistent, and strategic and needs the partnership of law enforcement and successful utilization and navigation of systems of care; behavioral health, and substance abuse treatment. When we develop an action plan, we follow a flow chart that directs our activities and interactions with the individual to achieve specific outcomes, both short and long term.
Trip Home/ Family Reunification
When an individual is found living on the streets of Temecula and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation. 08/09/2021
EXHIBIT A CONTINUED
Scope of Services
Social Work Action Group (SWAG) will work in conjunction with the City of Temecula to facilitate and lead the overall scope of homeless services for the City of Temecula. Full-time, 40 hours per week, Homeless Outreach team members will serve the project. The SWAG homeless services team will follow a Monday -Friday, 7:30am-4:30pm schedule. SWAG will provide the following activities and services:
• Assist with the organization and facilitation of the Point -in -Time Count for January 2023. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner.
• Provide immediate crisis stabilization to those experiencing behavioral health/ physical crisis and emergencies and connection to behavioral health substance and abuse treatment services.
• Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets.
■ All individuals encountered will be included in the by -name census for the City of Temecula.
• Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Temecula area. • Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options. • Conduct Riverside County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services to connect the individuals to the appropriate housing solutions throughout Riverside County.
• Participate in monthly Homeless Task Force meetings.
• Provide support to the City of Temecula through trainings, presentations and sharing updates related to trends in regional homeless efforts. • Assist with coordination and facilitation of Homeless Outreach Community Coalition meetings.
• Attend monthly update meetings with City staff, as requested. • Attend and participate in City Council meetings, as requested. 10 08/09/2021
EXHIBIT B
Payment Rates and Schedule
Costs for services shall be outlined below but in no event shall the total cost of services exceed Four Hundred Forty -Seven Thousand Four Hundred Fifty -Six Dollars and No Cents ($447,456.00), plus 10% contingency of Forty -Four Thousand Seven Hundred Forty -Five Dollars and Sixty Cents ($44,745.60) for a total not to exceed agreement amount of One Million Four Hundred Seventy -Six Thousand Six Hundred Four Dollars and Eighty cents ($1,476,604.80)
Proposed Twelve (12) Month Service Agreement
Expense Category
FTE
BUDGET
Outreach & Case Management Services
Three 3 Outreach Specialists/ Case Managers- 40 hrs./ week
3.0 $ 295,634.00
One 1 Outreach Coordinator- 40 hrs./ week
1.0 $ 98,545.00
Transportation
$ 12,600.00
Administration (Supervision, software, etc.
$ 40,678.00
Total Proposed Budget
$447,456.00
11 08/09/2021
Item No. 24
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 2022
SUBJECT: Consider Opportunities for a Performing Arts Center (At the Request of Mayor Rahn)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider opportunities for a performing arts center, create an ad hoc subcommittee that would ultimately work directly with the arts community on a possible private capital campaign, and provide general direction regarding the same.
BACKGROUND: At the meeting of March 22, 2022, the City Council unanimously approved the placement of the above -referenced subject on the agenda at the request of Mayor Rahn. A performing arts center is typically a larger space that is intended for various types of use.
Performing arts centers differ from smaller single -purpose concert halls, opera houses or theatres, although the actual use of single -purpose spaces for multi -use is widespread. Examples of well - recognized performing arts centers in Southern California include the Segerstrom Center for the Arts in Costa Mesa and the California Center for the Arts in Escondido. Performing arts centers increase economic activity and further engage all segments of the community in the arts and culture space. While the City of Temecula has cultivated a thriving arts and culture scene with its smaller venues, a performing arts center has the potential to reinvigorate interest and generate investment in the community and region. This is further supported by the City's 2020 Community Services Master Plan, which identified, "a priority need for an entertainment venue/large event space that may include an amphitheater, black box theater, music and performing arts venue as identified by the community..." It is therefore recommended that the City Council consider the item, create an ad hoc subcommittee to further work with staff, and provide other direction as the City Council deems appropriate.
FISCAL IMPACT: None
ATTACHMENTS: None
REQUEST TO SPEAK
FORMS, ELECTRONIC
COMMENTS AND
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FOR THE RECORD
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CITY OF TEMECULA
}
1989
Date:
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U
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1989
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CITY OF TEMECULA
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From: Randi Johl
Sent: Monday, April 11, 2022 4:22 PM
To:
Subject: RE: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022
Yes, received.
Randi Johl, JD, MMC, CDE
Legislative Director / City Clerk
(951)694-6421
randi johl(dtemeculaca.gov
41000 Main St, Temecula, CA 92590
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From:
Sent: Monday, April 11, 2022 1:15 PM
To: Randi Johl ; Council Comments
Cc: Jessica Alexander ; Maryann Edwards ;
Matt Rahn ; Zak Schwank ; James Stewart
; Council Assistant ; Erika Ramirez
Subject: Re: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Randi ...
Would you please use the following revised comments in which I had mistyped March 22, 2012 in the first paragraph and use this updated/corrected version that reads March 22, 2022? My typing missed it by a decade. Int might be nice if I could time travel and become a decade younger just with a keystroke ... but that is obviously just wishful thinking.
Thank you.
Rick
Sent from my Pad
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From:
Sent: Sunday, April 10, 2022 5:17 PM
To: Council Comments
Cc: Jessica Alexander ; Maryann Edwards
; Matt Rahn ; Zak Schwank
; James Stewart ; Council Assistant
; Erika Ramirez ; Randi Johl
Subject: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
The following comment is submitted to be read at the April 12 Temecula City Council Meeting in regards to Public Comments - Non -Agenda Items
Dear Temecula City Council;
During the March 22, 2012 City Council meeting during discussion of Business Item 22, Consider Term Limits for City Council Members, Mayor Matt Rahn stated the following:
"Term limits themselves are potentially erosive to your Constitutional rights of what you expect to be able to do to vote for those candidates and those people that you truly believe represent your community the best that they can. "
See: 4:10:52
City council Meeting
March 22, 2o22
5:00:OONOW PLAYING
Yet the Mayor conveniently failed to recognize that terms limits are indeed Constitutional as there are Presidential term limits codified in the U.S. Constitution via the 22nd Amendment. The California Constitution also mandates legislative term limits through Proposition 28: Limits on Legislators, as well as Article V. Section 2 of the California Constitution restricting California Governors to two terms in office during their lifetime.
When it comes to the issue of term limits, I prefer to cast my lot with the colorful Mark Twain and this commonly attributed quote ... "Politicians are a lot like diapers. They should be changed frequently, and for the same reasons."
From: Randi Johl
Sent: Monday, April 11, 2022 9:07 AM
To: '
Subject: RE: Public Comments for Consent Calendar Item 9 ... Temecula City Council Meeting, April 12, 2022
Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy.
If you do not wish for your email to be read into the record, please advise.
Randi Johl, JD, MMC, CDE
Legislative Director / City Clerk
(951)694-6421
randi.johl .temeculaca.gov
41000 Main St, Temecula, CA 92590
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From:
Sent: Sunday, April 10, 2022 4:02 PM
To: Council Comments
Cc: Jessica Alexander ; Maryann Edwards ;
Matt Rahn ; Zak Schwank ; James Stewart
; Council Assistant ; Erika Ramirez
; Randi Johl ; All Executive Staff
Subject: Public Comments for Consent Calendar Item 9 ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
The following comment is submitted to be read at the April 12 Temecula City Council Meeting in regards to Consent Calendar Item 9: Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System
Dear Temecula City Council;
I strongly urge you to ensure the utmost due diligence and scrutiny in the selection and/or retention of contractors performing installation and maintenance of surveillance systems for the people of Temecula. And while I realize that the contractor Convergint Technologies, LLC, has performed past security and surveillance services for the City,
business are obviously at great risk if this acquired data is somehow accessible to Convergint's Chinese subsidiaries.
As City Councilmembers I implore you to perform due diligence and a thorough review in consideration of Convergint Technologies. It should be a shared common goal to ensure the safeguarding of sensitive and personal information that is acquired here in Temecula by the City's surveillance system.
Thank you for your time and attention.
Respectfully Submitted,
Rick Reiss
Temecula, CA
92592
P.S. I have Cc this to the City Councilmembers and Staff and Bcc this to various interested parties as well as media contacts.
Sent from my Wad
References:
https://www.convergint.com
https://www.convergint.com/converaint-technologies-acquires-icd-security-systems/ https://www.convergint.com/location/beijina/
https://www.convergint.com/location/shanghai/
https://www.convergint.com/location/icd-security-solutions-hanazhou/ https://www.globalsecurity.orci/military/` `world/china/ccp.htm https://www.globalsecurity.org/military/world/china/pla.htm 3 From: Randi Johl
Sent: Monday, April 11, 2022 9:07 AM
To: '
Subject: RE: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022
Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy.
If you do not wish for your email to be read into the record, please advise.
Randi Johl, JD, MMC, CDE
Legislative Director / City Clerk
(951) 694-6421
randi.johl .temeculaca.gov
41000 Main St, Temecula, CA 92590
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From:
Sent: Sunday, April 10, 2022 5:17 PM
To: Council Comments
Cc: Jessica Alexander ; Maryann Edwards ;
Matt Rahn ; Zak Schwank ; James Stewart
; Council Assistant ; Erika Ramirez
; Randi Johl
Subject: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
The following comment is submitted to be read at the April 12 Temecula City Council Meeting in regards to Public Comments - Non -Agenda Items
Dear Temecula City Council;
During the March 22, 2012 City Council meeting during discussion of Business Item 22, Consider Term Limits for City Council Members, Mayor Matt Rahn stated the following:
"Term limits themselves are potentially erosive to your Constitutional rights of what you expect to be able to do to vote for those candidates and those people that you truly believe represent your community the best that they can. "
https://ballotpedia.orci/Article V, California Constitution#Section 2 https://www.goodreads.com/quotes/1176591-politicians-are-a-lot-like-diapers-they- should-be-changed
From: Randi Johl
Sent: Tuesday, April 12, 2022 2:47 PM
To: gochgrz'
Subject: RE: Pickleball league
Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy.
If you do not wish for your email to be read into the record, please advise.
Randi Johl, JD, MMC, CDE
Legislative Director / City Clerk
(951)694-6421
randi.joh100meculaca.gov
41000 Main St, Temecula, CA 92590
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From:
Sent: Tuesday, April 12, 2022 2:16 PM
To: Randi Johl
Subject: Pickleball league
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi my name is Lenny Martinez..I've been playing pickleball for almost 2 years now..
I support all that Cachie has done for the league and community -Absolute Blessing ..especially during Covid times..This Sport is growing day by day..we need more pickleball courts..) appreciate your support..
Sent from my Sprint Samsung Galaxy Note9.
KM
STEVE MOYER
PUBLIC RELATIONS
P.O. Box 5227 - West Hills, CA 91308 - Phone: 818.784.7027 - Fax: 818.784.7099 Media Contact for Ruslan Biryukov: Steve Moyer Public Relations @ 818.784.7027; moverprAearthlink.net; @stevemoyerpr
Temecula Valley Symphony Artistic Director and Executive Director: Alana Joos @ 818.231.0931; alanajoos lgmail.com
TEMECULA VALLEY
'MPHONY
MUSIC - ART - PASSION
Presents
"THE THREE B'S"
BACH, BEETHOVEN & BRAHMS
Featuring
TEMECULA VALLEY SYMPHONY Under the Baton of
Maestro JOHN MARIO, Music Director & Conductor
RUSLAN BIRYUKOV, Principal Cellist and Artist in Residence, DR. ZUN-HIN WOO, Principal Violinist & Concertmaster and KATE PRESTIA-SCHAUB, Principal Flutist
(Page 1 of 6)
Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHOVEN & BRAHMS — Page 2 of 6
SATURDAY, APRIL 23, 2022 AT 4:00 P.M.
GRACE PRESBYTERIAN CHURCH
31143 Nicolas Road, Temecula, CA 92591
PROGRAM
"Badiniere" from "Orchestral Suite No. 2 in B minor" with Flute Solo BMV 1067, Movement 7, Written by Johann Sebastian Bach
"Symphony No. 7 in A major, Op. 92" Written by Ludwig van Beethoven "Double Concerto in A minor, Op. 102" For Cello, Violin and Orchestra Written by Johannes Brahms
Temecula, CA (April 12, 2022) — Temecula Valley Symphony will present "THE THREE B'S," Bach, Beethoven and Brahms, featuring the full symphony orchestra and soloists under the baton of Maestro John Mario, Music Director and Conductor, to be presented on Saturday, April 23, 2022 at 4:00 p.m. at Grace Presbyterian Church, 31143 Nicolas Road, Temecula, CA 92591.
Musicians who will be featured in the concert include: Ruslan Biryukov, Principal Cellist and Artist in Residence; Dr. Zun-Hin Woo, Principal Violinist and Concertmaster and Kate Prestia-Schaub, Principal Flutist.
The program will include: "Badiniere" from "Orchestral Suite No. 2 in B minor" with Flute Solo, BMV 1067, Movement 7, written by Johann Sebastian Bach; "Symphony No. 7 in A major, Op. 92" written by Ludwig van Beethoven and "Double Concerto in A minor, Op. 102" For Cello, Violin and Orchestra written by Johannes Brahms.
Tickets for the concert are $25 for Adults, $15 for Musicians and Members of Grace Presbyterian Church and Trinity Lutheran Church, both in Temecula, $10 for Students and Free for Children 12 and under. To hear a short sampling of the Temecula Valley Symphony in concert, please visit: https://youtu.be/5 Qni61KN1LJo Tickets can be purchased by calling the Temecula Valley Symphony at 951-587-536, or online at https://temeculavalleysymphony.ore
For further information, please visit the symphony's website. Free Parking is available at the church. No vaccination cards are required. Social distancing is recommended. It is suggested that guests wear masks. Facebook and Instagram:
@TemeculaValleySymphony, Twitter: @TemValleySymphony
(-more-)
Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHOVEN & BRAHMS — Page 3 of 6
About The Maestro:
John Mario (Temecula Valley Symphony Music Director and Conductor) is in his 8t' Season as Music Director of Southern California's Temecula Valley Symphony.
He is also the Conductor and Music Director for the Coachella Valley Symphony in Palm Desert.
John Mario has previously served as Principal Tour Conductor for singer Jackie Evancho's "Dream With Me," and "Songs of the Silver Screen" tours. He is known for his exemplary affinity for accompaniment of singers in the worlds of Classical and Pop music.
As a Conductor Mario has appeared with the Atlanta Symphony, Pittsburgh Symphony, Colorado Symphony, Naples Philharmonic, Stockton Symphony, Dallas Pops, Baltimore Symphony, Rhode Island Philharmonic, Long Beach Symphony, Thousand Oaks Symphony, Parma Recording Symphony, Chautauqua Symphony, Marin County Symphony, San Bernadino Symphony, Tacoma Symphony and at the Chicago Symphony Center.
John Mario is also a veteran opera conductor serving three seasons as Music Director of the legendary Tri Cities Opera of Binghamton, NY, former training grounds for opera stars such as Richard Leech and Placido Domingo, and also the oldest Resident Artist Training Program in the USA. Besides conducting three opera productions a year, his duties encompassed Resident Artist Training Program classes, workshops, and hosting the local NPR radio show "Operalogues."
SUNY Binghamton also appointed John Mario as a full-time Visiting Professor of Music for the Masters of Music in Opera program. He is the former Artistic Director of Long Island Opera, where he led the company's first production of its renaissance — Giacomo Puccini's "La Traviata" in June 2010. From the pit over the past decades, he has led dozens of productions as guest conductor in companies across the US, including Sarasota Opera, Toledo Opera, Syracuse Opera, and Opera Southwest.
In addition to his conducting duties, John Mario performs in recital and is a leading coach of the Italian Opera repertoire in his New York City and Los Angeles studios, preparing internationally acclaimed singers for their roles on the stages of the world. He has accompanied world-renowned conductors and singers in opera rehearsal and has played in Master Classes for singing legends, Licia Albanese and Renata Scotto.
He has served as a judge for several major vocal competitions, including the Liederkranz International Opera Competition of New York City, The Metropolitan International Opera Festival Competition of New York City, and the Belvedere International Opera Competition of Vienna. In 2012, Mario served as Italian Language Coach for New York City Opera's production of Gioachino Rossini's "Mos6 in Egitto." (-more-)
Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHHOVEN & BRAHMS — Page 4 of 6
About The Temecula Valley Symphony:
Now in its 26t` Season the Temecula Valley Symphony has been hailed as a leading cultural attraction in the region. Temecula Valley Symphony (formerly known as Inland Valley Symphony) has grown in size and artistic achievement. In 2015 the Symphony was renamed TEMECULA VALLEY SYMPHONY. Temecula Valley Symphony is a 60 member regional symphony that attracts musicians from throughout the Southland and is a mix of professionals and accomplished volunteers who dedicate their time and talent to the Symphony. The majority of the orchestra's musicians both live and work in the Temecula Valley. Additional musicians come from various regions of Southern California including the counties of Riverside, San Bernardino, Los Angeles, Orange and San Diego. To learn more, please visit the website, https://temeculavalleysymyhony.ors , Facebook and Instagram:
@TemeculaValleySymphony, Twitter: @TemValleySymphony
About The Soloists:
Ruslan Biryukov (Pycnax I;xpfoxoB) (Temecula Valley Symphony Principal Cellist and Artist in Residence) was born in Baku, Azerbaijan and now resides in Encino and Temecula, CA. He is the Founder of the Glendale Philharmonic Orchestra, the Los Angeles Cello Quartet and serves as Artistic Director of Positive Motions Concert Series in San Diego, CA.
Biryukov has been lauded in the press for his superb artistry, passion and individuality. He was the only cellist ever invited to perform for 10 consecutive seasons in solo recitals at the Sundays Live Concert Series in the Los Angeles County Museum of Art, the longest running live radio broadcasted concert series in the United States. He was also the only Russian cellist invited to solo with an orchestra during the inaugural season of the Renee and Henry Segerstrom Concert Hall in Orange County.
Aside from his prolific career as a performer, Ruslan Biryukov is also a master Cello teacher. Over the past 25 years, his students have won over 300 prizes at various competitions worldwide, including the International Your Tchaikovsky Competition (Nathan Le), Stulberg International Competitions, Music Teachers Association of California Competitions and American String Teachers Association competitions.
Biryukov's students have performed with major orchestras worldwide, including San Diego Symphony, Redlands Bowl Symphony, La Jolla Symphony, New West Symphony, Armenian State Orchestra and Moscow State Philharmonic, to name a few.
Four of Birykov's current Cello students, Justin Wu, Ethan Zhang, Debora Okhotina and Naohiro "Nao" Nadahara were featured in Temeula Valley Symphony's recent concert, "A Touch of Classical. " Learn more at www.celloart.com , www.ruslanconservatory.com , Facebook: @ruslanbiryukov, Instagram:
@ruslanmusicart
(-more-)
Temecula Valley Symphony Presents "THE THREE Bs " BACH, BEETHOVEN & BRAHMS — Page 5 of 6
About The Soloists (Continued):
Dr. Zun-Hin Woo (Principal Violinist, Concertmaster and Assistant Conductor for the Temecula Valley Symphony and Conductor of the Temecula Valley Youth Symphony) attended the University of Oklahoma in Norman and obtained his B.M. in Violin Performance and earned his M.M. degree in Orchestral Conducting at the University of Missouri in Columbia. During that time, he also served as the Assistant Conductor of the Columbia Civic Orchestra and the Show Me Opera, conducting operas and musicals in the region. Additionally, he participated in the Pierre Monteux School for Conductors and Orchestral Musicians.
As a professional Violinist and Violist, Professor Woo has performed with several orchestras in Asia, including the Hong Kong Virtuosi, Hong Kong Sinfonietta, and the Concerto da Camera. He currently serves as the Conductor of the Hong Kong Chamber Orchestra since 2007. Past collaborations include working with the Sichuan Symphony and the Shenzhen Symphony in China, where he recorded the soundtrack to the movie "Heroic Duo." He has also worked with several organizations in Hong Kong including the Open University, King's College, Hong Kong Medical Association Orchestra, La Salle College, Danse a Lili Ballet Academy, Songsingers Choir, European Folk Legacy Dance Troupe, Hong Kong City Opera, and Wah Yan College, where he also taught conducting courses.
A few years ago Zun-Hin moved back to the U.S. with his wife and two sons. Dr.
Woo is currently the Assistant Conductor of the Temecula Valley Symphony, while simultaneously holding its Concertmaster position. He recently received his D.M.A. in Conducting at Claremont Graduate University. He is also an Adjunct Professor at Fullerton College, where he conducts the orchestra, and teaches violin and music theory courses. Dr. Woo has worked with the Dana Point Symphony, La Sierra University Symphony, Coachella Valley Symphony, and conducted Tchaikovsky's "The Nutcracker" with the Anaheim Ballet and Montage Dance Theater. He has also participated in several recording sessions in Hollywood, Burbank, and the University of Southern California, both as Conductor and Violinist. He most recently completed recording the soundtrack for the Chinese feature film "Arctic" with the City of Prague Philharmonic Orchestra.
Kate Prestia-Schaub (Temecula Valley Symphony Principal Flutist) is an active performing artist, holds degrees from the University of Southern California (MM) and Indiana University (BM), and studied with Jim Walker, Tom Robertello, Kate Lukas, and Maralyn Prestia. The winner of many competitions, Prestia-Schaub currently performs as Principal Flute with the Temecula Valley Symphony, Ekatra, and the West Coast Wind Quintet. She coaches orchestral and chamber music at Idyllwild Arts Academy, and privately at her "K8trills" studio. She was president of MTAC — Temecula Valley, and San Diego Flute Guild; and has served on advisory boards for California Chamber Orchestra and National Flute Association. Her acclaimed recording "Timeless," was released in 2013. (-more-)
Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHHOVEN & BRAHMS — Page 6 of 6
r
Y
Presents
"THE THREE B'S"
BACH, BEETHOVEN & BRAHMS
Featuring Temecula Valley Symphony and Soloists
Under The Baton of Maestro John Mario
WHO &
WHAT: Temecula Valley Symphony will present "THE THREE B'S,"Bach, Beethoven and Brahms, featuring the full symphony orchestra and soloists under the baton of Maestro John Mario, Music Director and Conductor, with Soloists, Ruslan Biryukov, Cello, Dr. Zun-Hin Woo, Violin and Kate Prestia-Schaub, Flute.
The program will include: "Badiniere" from "Orchestral Suite No. 2 in B minor" with Flute Solo, BMV 1067, Movement 7, written by Johann Sebastian Bach; "Symphony No. 7 in A major, Op. 92" written by Ludwig van Beethoven and "Double Concerto in A minor, Op. 102" For Cello, Violin and Orchestra written by
Johannes Brahms.
WHERE &
WHEN: Saturday, April 23, 2022 at 4:00 p.m. at Grace Presbyterian Church, 31143 Nicolas Road, Temecula, CA 92591.
HOW: Tickets for the concert are $25 for Adults, $15 for Musicians and Members of Grace Presbyterian Church and Trinity Lutheran Church, both in Temecula, $10 for Students and Free for Children 12 and under. To hear a short sampling of the Temecula Valley Symphony in concert, please visit: httns://youtu.be/5 Oni61KNUo Tickets can be purchased by calling the Temecula Valley Symphony at 951-587-1536 or online at httt)s://temeculavalleysvmyhony.orz For further information, please visit the symphony's website. Free Parking is available at the church. No vaccination cards are required.
Social distancing is recommended. It is suggested that guests wear masks. Facebook and Instagram: @TemeculaValleySymphony, Twitter: @TemValleySymphony