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12_0542519Recorded at request of and return to: City of Banning City Clerk 99 E. Ramsey Street Banning, CA 92220 FREE RECORDING This instrument is for the benefit of the City of Banning, and is entitled to be recorded without fee. (Govt. Code 6103) -0: sl/051012/310TR/14.813 DOC # 2012-0542519 11/09/2012 08:00 AM Fees: $33.00 Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder **This document was electronically submitted to the County of River, for recording** Receipted by: MGREG N pace above this lin or ecord use) Avenue Grade P CEL: 0 -001C A 53 - 10-006 (portion) EASEM DEED FOR GOOD AND VALUABLE,\9ON E T , receipt and adequacy of which are hereby acknowledged, Lennar Homes of Califo a, Inc. lifornia Corporation, as to a twenty five percent (25%) uned i est, MSD Sunset Crossroads, LLC, a Delaware limited liability �p�a t venty five percent (75%) undivided interest hereinafter call successors an( easements and replace, insp undergroun 4 frame struc e; vaults, man o concr�ds for ' he) grants the City of Banning, a Municipal Corporation, its igns, einafter called "Grantee", all those certain permanent s f wa o construct, use, maintain, alter, add to, enlarge, repair, /o ove, at any time and from time to time, both overhead and es, consisting of poles and towers made of various materials, H- a res and anchors, crossarms, wires, underground conduits, cables, dholes, and including above -ground enclosures, markers and other fixtures and appliances and communication circuits with lances, both overhead and underground, for conveying electric energy heat, power, and for transmitting intelligence by electrical means and/or 'urther grants, bargains, sells and conveys unto the Grantee the right of nt, in whole or in part, to others, without limitation, and the right to apportion or DOC # 2012-0542519 Page 2 of 7 11/09/2012 08:00 AM PROJECT: Sunset Avenue Grade Separation PARCEL: 0529-001 C APN: 537-110-006 (portion) divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. A Grantor hereby also grants to Grantee, its successors and assigns, and its$atheircontractors, agents, and employees, the right to clear and to keep clear s strip, free from explosives, buildings, equipment, brush, combustible m aall other obstructions of any kind (except for those herein provided) an a remove any tree or shrub which in the opinion of Grantee, may en er sai lines or any part thereof or interfere with the exercise of the rights he ra Grantor hereby also grants to Grantee, its successors and sign d ft"nd their contractors, agents, and employees, the right of free ac c s to d syst s and every part thereof, at all times, for the purpose of exercising th i ere , and the right to clear and keep clear the above described real pr p rty, free plosives, buildings, structures, equipment, brush, combustible materi I nd any a II other obstructions of any kind, including but not limited to planter boxes, Is, fence , ther than farm, grazing or pasture fences) and earth fill and the right to trim r y tree, tree root, vine, or shrub or other obstructions which, in the o 'nion of Gran ay endanger said systems or any part thereof, or interfere with the e r ' e of the rights herein granted. Grantor shall not excavate or change, or nit cavation or changing of the surface of the ground of the above described r r e out the previous written consent of the Grantee, which consent sh�✓not e u a ly withheld. The terms, covenants and conditio o hi r t of Easement shall bind and insure to the benefit of the successors an gn o Grantor and the successors and assigns of Grantee. IN WITNESS WH G caused this instrument to be executed by its officers thereunto I �' %'� day of2012. See`ibits "A" and "B" attached hereto and made a part hereof DOC # 2012-0542519 Page 3 of 7 11/09/2012 08:00 AM PROJECT: Sunset Avenue Grade Separation PARCEL: 0529-001 C APN: 537-110-006 (portion) Dated: c' V(' ( GRANTOR: STATE OF CALIFORNIA COUNTY OF 0 On MCLY act I a 0 1 �• Public in and for P G Lk.� to me on We b4,,*tisf,subscribed to tsame in his/instrument the the instrument. Lennar Homes of Californiajin ., a California Corporation, as to enty five percent (25%) undivi#ed st By:, Name: Its: MSD Sunse, LLC, a Delaware Iii1 ed Iia i ty pany, as to v fiv ercent (75%) undi= Its: ti, I)6;�.1 - a Notary d State, personally appeared , who proved i nce to be the person($) whose name(,d) is/are tcknowledged to me that he/she/# "executed the :ity(ies), and that by his/herfthetr signature(s) on the upon behalf of which the person(p) acted, executed I certify under L� PERJURY under the laws of the State of California that the foregoing pa ra i tru and correct. WITNESS m nd official seal: [SEAL] JA.P,ICE 8 YLE �pn� ice- COMM. # 1936789 �n NOTARY PI!8LIC CALIFORNIA �1J RIVERSIDE COUNTYMy COMM EXP . JUNE 12, 2015 "� STATE OF CALIFORNIA COUNTY OF Losae`ts )ss DOC # 2012-0542519 Page 4 of 7 11/09/2012 08:00 AM On (P I1N*\,,, 201 z before me, GLA �n,c o��►dc a Notary Public in and for said County and State, person ap red IPnVn 1?sfic:� , ho proved to me on the basis of satisfactory evidence to be the perso a nam is/are subscribed to the within instrument and acknowledged to that executed the same in hisAheFAI7eir authorized capacity(.ietf , an by i fher/tFreir signaturefd) on the instrument the person0j, or the entity u e hich the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under theI�the"teoalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal: Signature [SEAL] - %'6111U11114 s County s Nov 12. 2014 DOC # 2012-0542519 Page 5 of 7 11/09/2012 08:00 AM EXHIBIT "A" SUNSET AVENUE (GRADE SEPARATION) LEGAL DESCRIPTION 0529-001 C AN EASEMENT FOR PUBLIC UTILITY PURPOSES, BEING A PORTION OF PARCEL 1 OF PARCEL MAP NUMBER 25541 ON FILE IN BOOK 166, PAGES 27 THROUGH 35, INCLUSIVE, OF PARCEL MAPS kCORDS OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA IN THE CITY OF BANNING, CALIFOITHIN THE SOUTH EAST ONE-QUARTER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 1 SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1tEl THET OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF SUNSET AVENUEALF-WI ) AS DESCRIBED BY GRANT DEED RECORDED AUGUST 3, 1982 AS INSTRR 13OFFICIAL RECORDS OF SAID RECORDER AND THE SOUTHERLY LINE OF TIN OUT N PACIFIC RAII ROAD RIGHT-OF-WAY (20000 FOOT WIDTH) PER ACT OF CONGRR MARCH 3. 1871, SHOWN AS PARCEL 4 ON STATE BOARD OF EQUALIZATION MAP YMF N FILE IN SAID OFFICE OF THE COUNTY SURVEYOR, SAID POINT BEING THE BTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5,829.03 FEET ANBEARING OF S 08°47'23" W; THENCE WESTERLY ALONG SAID SOUTHERLY LINE A AID NON- RVE THROUGH A CENTRAL ANGLE OF 00050'16", AN ARC DISTANCE OF 85. FEET TOT RUE POINT OF BEGINNING; THENCE S 09°05'11" E, A DISTANCE OF 375.18 FEET; THENCE S 01032'15" E, A DISTANCE OF 171.86 FEET; THENCE S 79035'34" E, A DISTANCE OF 37.88 FEE POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF SUNSET AVENUE; THENCE S 01049'01"E ALONG SAID WESTE -O - Y LINE, A DISTANCE OF 20.46 FEET; THENCE N 79035'34" W, A DISTANC"F 58 22 THENCE N 01032'15"W, A DISTANCE 0 8 .�5 THENCE N 09°05'11" W, A DISTA 38 ET TO A POINT ON SAID SOUTHERLY LINE OF THE EXISTING SOUTHERN PACIFIC I OAD T- F -WAY, SAID POINT BEING THE BEGINNING OFA NON - TANGENT CURVE, CON NO ERLY, ING A RADIUS OF 5,829.03 FEET AND AN INITIAL RADIAL BEARING S 09050'07" THENCE ��1lpp� EASTEIR)c�jj SA UTHERLY LINE AND SAID NON -TANGENT CURVE THROUGH A CENTRAL) 0 " AN DISTANCE OF 21.14 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 12,1 RE , OR 0.278 ACRES, MORE OR LESS. THE BEARING D T S USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATST F 1 3, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.000106481 TO OBTAIN GROUND DI T NCE. REFER I ADE TO RIVERSIDE COUNTY MAP NUMBER 956-I, ON FILE IN THE OFFICE OF THE U OR OF RIVERSIDE COUNTY, CALIFORNIA. � S. � -,-g jv DATE N // /'? l 2 0/ Z— SEE ATTACHED EXHIBIT "B" PAGE 1 OF 1 DOC # 2012-0542519 Page 6 of 7 11/09/2012 08:00 AM EXHIBIT "B" P.O.C. LY PUBLIC UTILITY EASEMENT o ' N.E. COR PCL 1 EXIST 11 NE _S 09_37_39_ W(R) _,\ '-T.P.O.B. I S 08047'23" W(R) - - - 1 D IMO S.P .R. B i S 08022'55"W(R) R. Raw A _ R_o5�829_03' -- S 0---- 7'_W(R)��' <S 87 20 45' W(R)> R-1,999.79' N.T.S. �, PARCEL E \'�S APN 537-1 1 0-006r" 0529-O F LINE DATA I 7'34„ W(R 12,107 SO.FT. �- S 79035'34” E - 37.88' 0.278 AC. O S 01049'01" E - 20.46' ' (3)S 01049'01" E - 50.21 ' w °�° (2 S 00004'23" E - 24.88' `- 0 <N 00052'30" W - 129.69'> �r - Nt9 TRUSTEE'S DEED "' -0; INST. #2010_0208798 s MOM CURVE DATA REC. 5-6-2010 0 z AS PCL A o0 3 Z Q R = 5,829.03' SE I/4 SECTION 7 z cr � QO = 00050'16" T3S, RIE, S.B.M. s4 'r' Q 1 1 L = 85.23' / N 1•- T = 42.62' QE <R w LJ = 1,999.79'> 3 N © R = 5,829.03' <L = 02019'32" > _ SECTION 8 = 000 12'28" <L = 81.1 7'> V1 L = 21.14' <T = 40.59'> ` 0 I � o T = 10.57' <R = 1 ,999.79' 00-z G © R = 5,829.03' <0 = 00°33'34"> do VARIES D= 00029'49" <L ti = 19.53'> o �o w w z L = 50.56' © <R N = 99.7 N u T= 25.28' <� 1 z Q ti U OQ R = 5,829.03' O O w - o o Z = 00005'21" < J - > 2 z z P w 6 7- 3 5 N T 5 35'34" 101 T= 4.053 w 8.42' 5 NOTE: 1 3 40' LINCOLN Q1 R/W 4 AVENUE PER T DEED A INST. #132985 REC. 08/0 1 2. C/L <> - INDICATES DATA PER PROJECT CONST. PLANS AND ALL DISTANCES SHOWN ARE GRID DISTANCES. Rq/<y GF GROUND DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GRID DIST. BY A COMBINATION FACTOR OF 1.000106481. COUNTY OF RIVERSIDE TRANSPORTATION DEPT., SURVEY DIV. PAR. NO.: 0529-OOIC o. 8455 Exp. 1 -31-12 ` PREPARED BY: BCm PROJECT: SUNSET AVENUE (GRADE SEPARA710N) � SCALE: N.T.S. THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE PRECEDING DATE: JANUARY, 2012 DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION. C N \� W.O. NO.: CO -0259 APPROVED BY:`'� DATE' ZO SHEET 1 OF 1 When recorded Mail To: City Clerk City of Banning P. O. Box 998 Banning, CA 92220 NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. DOC # 2012-0542519 Page 7 of 7 11/09/2012 08:00 AM / 5/ ; �� '�'\ ��:Jy CERTIFICATE OF ACCEPTANCE This is to certify that the Grant of Easement, as a°� ein as Exhibits "A" and "B" to the CITY OF BANNING, a mQ6ipal corporation is hereby accepted by the CITY OF BANNING pursuant to authori September, 2012, and the grantees co agent. Dated: �d by the City Council this 1 I 'h day of thereof by its duly authorized CITY OF BANNING BY Marie A Calderon, City Clerk