02_0051469RDING REQUESTED BY
SOUTHERN
EDISON
RECORDING
FM
OOC a 2002- 051469
000000 01/30/2002
0000Conformed Copy
70 Has not been compared with original
Gary L Orso
00 County of Riverside
Assessor, County Clerk d Recorder
SOUTHERN CALI IA ON COMPANY
4799 CHESTNUT ST
WESTMINSTER, CA. 92683 -5
ATTN: CHRISTINA NUANEZ
Road Easement
APN: 747 - 460 -006 & 007
Location: Unincorporated
RP File No.: CON990072
Affects SCE DOC 331980
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAXS SER. 65138A J.0. 3728
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS AND Approved
ENCUMBRANCES REMAINING AT TIME OF SALE CORPORATE REAL ESTATE
DEPARTMENT
$O CALIF EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY JG DATEM23100
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor ", does
hereby grant to County of Riverside, a body corporate and politic of the State of California, hereinafter called
"Grantee ", an easement for road purposes, in, on, under, over, along and across that certain real property in
the County of Riverside, State of California, described as follows:
That portion of the West half of the West half of the Northwest quarter of the Southeast quarter of the
htheast quarter of Section 30, Township 4 South, Range 7 East, San Bernardino Meridian, said portion
more particularly described on the Exhibit "A" and more particularly shown as Exhibit "B ", both attached
hereto and by this reference made a part hereof.
SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights,
easements, leases and licenses, affecting the above described real property or any portion thereof, whether
of record or not.
The foregoing grant is made subject to the following terms and conditions:
The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate,
alter, add to, repair, replace, reconstruct, enlarge and /or remove in, on, over, under, through,
along and across the above described real property, electric transmission and distribution lines
and communication lines, together with supporting structures and appurtenances, for conveying
electric energy for light, heat, power and communication purposes, and pipelines and
appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and
conduits for any and all purposes.
2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably
interfere with the rights of Grantee created by this Easement grant.
3. The said Easement shall be exercised so as not to endanger or interfere with the construction,
maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal
of such electric transmission, distribution or communication lines, pipelines, or other conduits.
4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally
do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and /or
liability arising from or growing out of loss or damage to property, including Grantor's own
property, or injury to or death of persons, including employees of Grantor, resulting in any ,
-2 6 c14-511E
Road Easement
S. C. E., a corp.
The County of Riverside
Serial 65138A
RP FILE: CON990072
Affects SCE Document 331980
manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted;
provided, however, that this covenant shall not apply in those instances where such claims, liens,
encumbrances, actions, loss, damage, expense and /or liability are caused by the sole active
negligence of Grantor.
5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other
agents will maintain a minimum clearance of twenty -seven (27.00) feet between their equipment
and any and all overhead electric conductors.
6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep
clear, and remove any and all obstructions of any kind at all times.
7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above
described real property and which, in the opinion of Grantor, endanger or interfere with the proper
operation or maintenance of said electric transmission, distribution and communication lines, to
the extent necessary to prevent any such interference or danger.
8. The above described real property is to be used only for the purposes specified herein and in the
event:
a. said real property is not so used;
b. said real property shall be vacated as a road right of way; or
c. the project for which this Easement is being granted is abandoned,
the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above
described real property.
Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to
Grantor, within thirty (30) days after service of a written demand therefor, a good and sufficient
quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a
quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee
to execute and deliver said quitclaim deed as herein provided and terminating this Easement
shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against
Grantee and all persons claiming under Grantee of the termination or reversion of the rights
herein given.
10. As a controlling part of the consideration for the execution and delivery of this instrument by
Grantor, the Easement is accepted upon and subject to the express condition that the
improvement for which the Easement is given, regardless of the time performed, and any other
work or improvement commenced within two years from the date of recording of this Easement
(which improvement and other work or improvement are hereinafter sometimes collectively called
"Improvement "] shall be done without any cost or expense whatsoever to Grantor, and that in the
event a special assessment or assessments is or are levied by an authorized lawful body against
the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor
and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of
any and all such special assessment or assessments so levied for said Improvement and paid by
Grantor.
11. Also as a controlling part of the consideration for the execution and delivery of this instrument by
Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the
improvement to be located on the above described real property at its own expense.
Road Easement
S. C. E., a corp.
The County of Riverside
Serial 65138A
RP FILE: CON990072
Affects SCE Document 331980
12. Grantee hereby recognizes Grantor's title and interest in and to the above described real property
and agrees never to assail or resist Grantors title or interest therein.
13. Any earth fill placed by Grantee within the boundaries of the above described real property shall
have a relative compaction density of ninety percent (90 %].
14. The rights hereby granted are not necessary or useful in the performance of the duties of said
Grantor to the public.
15. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison's
right of way and /or rendered immobile.
16. Grantee agrees to provide twenty (20) -foot commercial type driveways with curb depressions
capable of supporting forty (40) tons on a three -axle truck at such locations specified by the
Grantor.
17. Consistent with Grantees' use of the easement, Grantee agrees to maintain the above described
real property in a condition satisfactory to Grantor.
18. In case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee agrees to
pay Grantor in addition to any other recovery or relief or which Grantor may be entitled, a
reasonable attorney's fee to be fixed and allowed by the Court.
19. Any notice provided herein to be given by either party hereto to the other may be served by
depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of
such notice and addressed to said other party at its principal place of business.
20. Grantee shall place identification and location markers of a number, location and nature suitable
to Grantor, indicating the type, location and depth of any facilities, structures or equipment
located by Grantee in the underground of the above described real property.
21. Any underground facilities shall be buried in the ground so that the tops thereof shall be not less
than three (3.00) feet below the surface of the ground, shall be capable of supporting three -axle
vehicles weighing up to forty (40] tons, and shall be of such type of construction and material as to
be sufficient and safe for the purpose for which they are to be used.
22. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp
or water - settle such earth so that no depressions shall be left or shall develop in the surface of the
ground over said underground facilities, and shall restore the surface of the ground over said
underground facilities to as near its original condition and appearance as possible.
23. Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty
percent (150 %) of its maximum operating pressure.
24. The two -year limitation contained in paragraph 10 above to the contrary notwithstanding, Grantee
agrees that it will reimburse Grantor for the full amount of any and all special assessment or
assessments levied for curbs, driveways, sidewalks and /or other improvements which may at any
time be installed at this location, which special assessment or assessments have been paid by
Grantor.
25. Grantee agrees to install sixteen- foot -wide double -drive gates at locations specified by Grantor.
Road Easement
S. C. E., a corp.
The County of Riverside
Serial 65138A
RP FILE: CON990072
Affects SCE Document 331980
26. Grantee agrees that all fencing and metallic structures installed within the above described real
property shall be adequately grounded.
27. Grantee agrees that no additional structures will be installed on the above described real property.
28. Grantee agrees that the construction of the road must be adequately sloped, so as to provide
Grantor through access across the above described real property.
29. Grantee agrees not to store flammable materials nor store or park any vehicle on the above
described real property.
30. Any trees or plants within the above described real property shall be maintained by Grantee and
shall not exceed a height of fifteen (15) feet.
31. Grantee agrees that during any period of construction activity, it will periodically water down the
construction area within the above described real property, so as to prevent dust contamination of
Grantor's facilities.
32. The use of the neuter gender herein will, when appropriate, be construed to mean either the
masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the
contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and
are binding upon the heirs, successors, representatives and assigns of the parties hereto.
IN WITNESS WHEREOF sai Southern California Edison Company has caused this instrument to be
°cuted this �QT N day of 200 A
SOUTH /� EDI ON� NY
By
Jdmes A. Lee
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate Department
Road Easement
S. C. E., a corp.
The County of Riverside
Serial 65138A
RP FILE: C0N990072
Affects SCE Document 331980
The County of Riverside does hereby accept the above and foregoing Easement upon and subject to
all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and
perform each and all of said terms, covenants and conditions.
DATED as of this _ ? 1) day of
,206L
The County of Riverside,
a body corporate and politic of the State of California
By
STATE OF CALIFORNIA )
ss.
COUNTY
OILS , C ut �
On (}(} "3 q. a00 J , before me, personally appeared
6" a personally known to me (or proved to me on the basis of satisfactory
id nce) to be the person whose name is subscribed to the within instrument and acknowledged to me that
j., �he) executed the same in fbWhis) authorized capacity and that by (bet /his) signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
GENIE SANDERS
Commission M 1205149
Notary Public - California
I % Orange County
My Conrr. Dec i 6.20M
On before me, , personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that
(she /he) executed the same in (her /his) authorized capacity and that by (her /his) signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEE ATTACHED AGREEMENT
� eS City Palm Desert® +
January 16, 2002
Ed Hunt
County of Riverside
4080 Lemon Street, 8` Floor
Riverside, CA 92501
Re: Del Webb California Corp 's ( "Del Webb ") Letter Agreement re Acceptance of Southern
California Edison Company's ("SCE's") Road Construction Easement
Dear Mr. Hunt:
This letter serves to confirm that Del Webb California Corp. ( "Del Webb "), in its capacity as the
construction contractor for the master development and related roadways known as the Sun City
Palm Desert development, has consented to the following terns and conditions relating to the
above for that certain real property in the County of Riverside, State of California legally
described as follows:
That portion of the West halfof the West halfof the Northwest quarter of the Southeast quarter of the
Northeast quarter of Section 30, Township 4 South, Range 7 East, San Bernardino Meridian, said
portion more particularly described on Exhibit "A" and more particularly shown as Exhibit "B"
both attached hereto and by this reference made a part hereof.
Del Webb covenants, for itself, its successors and assigns, to construct and maintain the
improvements constructed by Del Webb on the above- described real property at its own
expense.
2. Any earth fill placed by Del Webb within the boundaries of the above- described real
property shall have a relative compaction density of ninety percent (90 1 /6).
3. Del Webb agrees that all construction equipment, when not in use, shall be parked clear of
Southern California Edison's ( "SCE's ") right of way and/or rendered immobile.
4. Del Webb agrees to provide twenty (20) foot commercial type driveways with curb
depressions capable of supporting forty (40) tons on a three -axle truck at such locations
specified by the SCE.
5. Any underground facilities shall be buried in the ground so that the tops thereof shall be not
less than three (3.00) feet below the surface of the ground, shall be capable of supporting
three -axle vehicles weighing up to forty (40) tons, and shall be of such type of construction
and material as to be sufficient and safe for the purpose for which they are to be used.
39755 Berkey Drive
Palm Desert, CA 922111106
6. Del Webb shall promptly and properly replace the earth over any underground facilities, shall
tamp or water -settle such earth so that no depressions shall be left or shall develop in the
surface of the ground over said underground facilities, and shall restore the surface of the
ground over said underground facilities to as near its original condition and appearance as
possible.
7. Del Webb agrees to install sixteen -foot wide double -drive gates at locations specified by
SCE.
8. Del Webb agrees that during any period of construction activity, it will periodically water
down the construction area within the above described real property so as to prevent dust
contamination of SCE's facilities.
9. Del Webb agrees to maintain any trees or plants within the above described real property
and to ensure no such plants or trees shall exceed fifteen (15) feet.
Please understand that it remains Del Webb's intention to be the primary contracting party with
respect to the above activities and to have this work completed at Del Webb's sole expense. I
hope this provides sufficient assurance to the County, as we move forward with this transaction.
DEL WEBB CALIFORNIA CORP.,
an Arizona rporation
By:
Paul D. Quill
Vice President, Land Development
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE ) , / qqLL LL �/ ,A�//
On before me, NQI1 V E kbd A , personally appeared Paul D.
Quill, personally known to me - or - to be the person
whose name is subscribed to the within instrument and acknowledged to me that $he executed the same in bar 15
authorized capacity, and that by hif signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
Witn s y hand an official seal
NANCY E ABBOTT
Cato„ s 12GM4
SI A OF NOTARY � CO
BAyGlmnc6ptisJai1"n
Exhibit "A"
All that portion of the West half of the West half of the Northwest quarter of the Southeast
quarter of the Northeast quarter of Section 30, Township 4 South, Range 7 East in the County of
Riverside, State of California according to the official plat thereof, more particularly described as
follows:
COMMENCING at the Northwest corner of said West half of the West half; thence North 89 °
47'23" East along the Northerly line of said West half of the West half, a distance of 52.99 feet to the
Southwesterly line of the 570.00 foot strip of land described in the deed to Southern California Edison
recorded May 20, 1976 as Instrument No. 69699 and the TRUE POINT OF BEGINNING;
Thence South 61 ° 11' 53" East along said Southwesterly line, a distance of 90.72 feet to a line
parallel with and 44.00 feet Southerly of the Northerly line of said West half of the West half;
Thence North 89° 47' 23" East along said parallel line, a distance of 34.54 feet to the Easterly
line of said West half of the West half,
Thence North 00' 47' 30" along said Easterly line, a distance of 44.00 feet to the Northeast
comer of said West half of the West half;
Thence South 89° 47'23" West along the Northerly line of said West half of the West half, a
distance of 113.43 feet to the TRUE POINT OF BEGINNING.
See Exhibit "B" attached hereto and made a part hereof.
Containing 3255.50 square feet more or less.
EXHIBIT "B"
NORTHWEST 114 OF THE SOUTHEAST 1/4
p o `,OF THE NORTHEAST 1/4 SECTION 30
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THIS DOCUMENT REVIEWED BY
RIVERSIDE COUNTY SURVEYOR.
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THIS INSTRUMENT IS FOR
THE BENEFIT OF THE
COUNTY OF RIVERSIDE AND
ENTITLED TO BE
RECORDED WITHOUT
FEE.(GOV. CODE 6103)
CERTIFICATE of ACCEPTANCE of EASEMENT
(GOVERNMENT CODE SECTION 27281)
R E T U R N T O
RIVERSIDE COUNTY
SURVEYORS OFFICE.
THIS IS TO CERTIFY that the interest in the easement conveyed to the COUNTY OF RIVERSIDE,
State of California, by the instrument to which this Certificate is attached is hereby accepted for the
purpose of vesting title in the County of Riverside on behalf of the public for public roads and utility
purposes, and subject to improvements in accordance with County standards, will be included into
the County Maintained Road System by the undersigned on behalf of the Board of Supervisors
pursuant to the authority contained in County Ordinance No. 669.
Grantee consents to recordation thereof by its duly authorized officer.
Dated / '? tl, D L County of Riverside
I
David E. Barnhart
Director of Transportation