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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 T.4 S., R.7 E. SBM rv, � cc n L? • 00 . No. L 7064L 52.99 (V v to cn m m v 0 0 L m O CL F- P O a O 0 P a Q ` ®® 89 °47'23 "E 565.70 1 0.43 0 , 499.28 °v F0063.27 °47'30 "W ` 4 y <,rNCc in 1510 . LE z F9 � e m Oi 69699 THIS DOCUMENT REVIEWED BY RIVERSIDE COUNTY SURVEYOR. PROJECT SITE N < � S < a 38TH AVE. s DEL WEBB BLVD 40TH ST. I t0 r W W Q N VICINITY MAP N.T.S. 3 � R O V v 0 O z m g co (n ° m N 89 0 45'55 "E 664.82 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