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15_0376217Recorded at request of and return to: Economic Development Agencyl Facilities Management Real Estate Division On behalf of the Transportation Department 3403 10 tin Street, Suite 400 Riverside, California 92501 FREE RECORDING This instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee. (Govt, Code 6103) S V:ra10327 1 512 1 8TR117AXX 08/24/2015 08:54 AM *L , " CustOmer Copy Label*** The raper Po wF irh this label ijr aPP.i.xec0 has not Oeel-1 oowa:_P6 with the f.ilid;r_eaorded document Peer A l Jana County Of Riverside Assessor -- County Clerk-Recorder PORTION OF APNS: 461- 220 -014 and 461 - 220 -015 This Grant of Temporary Easement with Right of Entry Agreement ( "Agreement ") is made and entered into this day of 20_„ , ( "Effective Date ") between SR CONESTOGA, LLC, a Delaware limited liabilit company, as Grantor ( "Grantor "), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, as Grantee ( "County "), Grantor and County are sometimes collectively referred to as "Parties." WHEREAS, the Grantor is the owner of certain real property with Assessor's Parcel Numbers 461 -220 -014 and 461 - 220 -015 and Grantor has the right to grant to County permission to enter upon and use the Property and to grant the temporary easement interests legally described and depicted in Exhibit "A" (" Property"), attached hereto and made a part hereof; WHEREAS, certain land use approvals, Specific Plan No. 288, Amendment No. 2 ( "SP288A2 ") have been granted for the Property whereby the Grantor, as conditions of approval for the development, shall provide certain drainage facilities and park/recreational areas; and WHEREAS, the County of Riverside Transportation Department is currently working on certain improvements, including an interim detention basin, located on the west side of State Route 79, north of Newport Road for the protection and support of Highway 79 as well as area and downstream property owners; and WHEREAS, County desires to obtain Grantor's permission to enter upon and use the Property, on a temporary basis, and to acquire a temporary easement over the Property for the purpose of construction, installation and maintenance of a temporary detention basin on the portion of the Property depicted in the approved documents for Specific Plan No. 288, Amendment No. 2, as shown on Exhibit "B," attached hereto and made a part hereof ( "Interim Detention Basin "); and WHEREAS, Grantor voluntarily agrees and desires to accommodate County's request for permission to enter upon Grantor's Property, on a temporary basis, and to convey a temporary Grant of Easement with Right of Entry Agreement APNs 461-220-014 and 461 - 220 -015 JUL 2 12015 52— easement over the Property for construction, installation and maintenance of the Interim Detention Basin on the portion of the Property as shown in the Drainage Plans for Newport and Highway 79 Basin, depicted on Exhibit "B ", attached hereto and made a part hereof; and WHEREAS, the Parties have obtained conceptual approval of the proposed joint use detention basin from Valley -Wide Recreation and Park District as to the active recreation design element for a full size soccer field as described in the letter from Valley -wide Recreation & Park District dated February 6, 2015, shown on Exhibit "C ", attached hereto and made a part hereof; and WHEREAS, the Parties acknowledge and agree that the rights being granted herein this Agreement in order to install and maintain the Interim Detention Basin would be done in a form that would accommodate the future joint use recreational area proposal to include a recreation design element which will collectively serve and benefit both Parties; NOW, THEREFORE, Grantor and County do hereby agree as follows: 1. County shall: A. Construct the Interim Detention Basin on the portion of the Property as shown in "Exhibit B" at County's sole cost and expense. B. Maintain the Interim Detention Basin during construction of the Project and until the Interim Detention Basin is deemed no longer necessary by the County and the installation and construction of a comparable drainage facility has been completed by Grantor to replace the Interim Detention Basin provided the County has approved the plans and specifications for such replacement facility. C. Not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', material man's contractors' or subcontractors' liens with the regard to County's actions upon the Property. County agrees to hold Grantor harmless for any loss or expense, including reasonable attorneys' fee, arising from any such liens which might be filed against the Property provided such liens were the directly caused by the County. D. Defend, indemnify and hold harmless Grantor from all actions, claims, suits, penalties, obligations, damages and liabilities ( "Claims ") of whatsoever kind and nature arising from death, personal injury, property damage or other cause asserted or based upon any act or omission of County, its employees, agents, or any subcontractors, agents or representatives of County, or the County's obligations contemplated by this Agreement, to or in any way connected with the County's use of the Property, except to the extent that such Claims arise out of or are in any way connected with the acts or omissions of Grantor or by third parties. Such indemnification shall include all reasonable costs and attorneys' fees. The obligations set forth in this paragraph shall survive the termination of this Agreement until such time the statute of limitations shall have expired for any such Claims. E. File all applicable written notices with the State Water Quality Control T o • 2 Grant of Easement with Right of Entry Agreement APNs 461 - 220 -014 and 461 - 220 -015 F. Construct the Interim Detention Basin to protect against erosion. G. Construct the Interim Detention Basin per approved plans and submit as -built plans, engineer's certification (s), and post grading soil reports to Grantor. H. Coordinate with cultural resources to insure compliance with SP288A2 environmental mitigation requirements. 2. Grantor: A. Hereby grants and conveys to the County a temporary easement for the purposes described herein this Agreement for drainage purposes, over, upon, across and within the area of the Property, including rights of ingress and egress thereto, legally described and depicted on Exhibit "A." B. Hereby grant to County and its agents, employees, and contractors the temporary right to enter onto the Property for the purpose of constructing and installing the Interim Detention Basin and for maintenance thereof on the portion of the Property as shown in Exhibits "A" and "B" and for no other purpose. C. Shall assume maintenance when the site is developed and the Interim Detention Basin has been deemed by the County as no longer needed, the Interim Detention Basin has been replaced with a comparable facility that provides protection to SR79 for the 100 year storm event and the County has approved the plans and specifications for such replacement facility. D. For and in consideration of County's obligations under this Agreement, Grantor hereby releases, waives and discharges County, and the State of California, their associated entities and each of their respective officers, officials, employees, agents, volunteers, contractors and attorneys from any and all alleged and actual claims, damages, remedies, causes of action, claims of inverse condemnation, claims of losses, claims of loss of goodwill or benefits, demands, and other liabilities (collectively, "Claims ") which Grantor now has or may have, arising out of or in any way related to the acquisition of the easement interests and rights by the County and the interests /rights being granted in this Agreement over the Property by the Grantor, or arising in any way associated with this Agreement. The foregoing release and waiver ( "Release "), applies to all Claims, whether retrospective, current, or prospective, known or unknown, foreseeable or unforeseeable. The Release and waiver is made by Grantor for itself, its agents, assigns, successors -in- interests and related entities. Grantor agrees that it shall make no claim for any funds on deposit or from County related to County's acquisition of the easement interests and rights being granted in this Agreement over the Property by Grantor. Except as otherwise provided in this Agreement, it is the intention of the Parties that the Release shall be effective as a bar to all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, and attorneys' fees, of every character and kind, known or unknown, existing or contingent, latent or patent; and in furtherance of such intention, Grantor expressly waives any and all rights conferred upon it by the provisions of 3 Grant of Easement with Right of Entry Agreement APNs 461 -220 -014 and 461- 220 -015 California Civil Code Section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WINCH O R FAVOR .. • . EXECUTING THE R ... WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIAL] AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. O' A trantor 3. The Parties acknowledge that Grantor shall be entitled to terminate the drainage easement when the Interim Detention Basin is replaced by a final drainage facility or improvements provided the design and construction of these final drainage improvements shall be approved by the County of Riverside Transportation Department, for the protection and support of Highway 79 as well as area and downstream property owners. As part of this approval, the Grantor shall demonstrate the resulting flood conditions for the final drainage improvements are no worse than the condition created by the Interim Detention Basin at the intersection of Winchester Road and Old Newport Road. 4. The term of this Right of Entry shall commence on the date this Agreement is executed by all Parties hereto ( "Effective Date "). This Agreement shall terminate when the Interim Detention Basin has been deemed unnecessary by the County; final drainage improvements approved by the County have replaced the Interim Detention Basin. This Agreement is subordinate to all prior or future rights and obligations of Grantor in the Property, except that Grantor shall grant no rights inconsistent with the reasonable exercise by County of its rights under this Agreement. 5. Prior to any entry upon the Property for any of the purposes hereinabove set forth, County shall notify the Grantor by written and/or oral notice at least forty -eight (48) hours prior to commencement of entry and work. Name: Mr. Will Stout SR Conestoga, LLC Address: 41391 Kalmia Street, Suite 200 Murrieta, CA 92562 Phone: (951) 696 -0600 Email: wstout g rancongroup.com Name: Mr. David Michan Manager of SR Conestoga, LLC Address: 4370 La Jolla Village Drive, Suite 960 San Diego, CA 92122 Phone: (858) 546 -0900 Email: davidm(cDstrataeguity.com 6. County shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents, and employees to comply with all federal, state, and local laws, 4 Grant of Easement with Rlght of Entry Agreement APNs 461- 220 -014 and 461- 220 -015 statutes, orders, ordinances, rules, regulations, plans, policies, and decrees. Without limiting the generality of the foregoing, County, at its sole cost and expense, shall obtain any and all permits which may be required by any law, regulation or ordinance for any activities County desires to conduct or have conducted pursuant to this Agreement. 7. Grantor and its representatives, employees, agents or independent contractors may enter and inspect the Property or any portion thereof or any improvements thereon at any time and from time to time at reasonable times to verify County's compliance with the terms and conditions of this Agreement. 8. It is expressly understood that this Agreement is not exclusive and does not in any way whatsoever grant or convey any permanent easement, lease, fee, or other real property interest in the Property to County. 9. County shall not cause damage to the Property, including to all improvements and the natural resources thereon, at all times at County's sole cost and expense, and County shall strictly adhere to the following restrictions, except where such actions are necessary to construct the Interim Detention Basin: A. County may not place or dump garbage, trash, or refuse anywhere upon or within the Property, except for self- contained trash receptacles that are maintained to Grantor's satisfaction by County; B. County may not commit or create, or suffer to be committed or created, any waste, hazardous condition and/or nuisance to occur upon the Property; C. County may not cut, prune or remove any native trees or brush upon the Property, except for the elimination of safety hazards without first obtaining written permission by the Grantor where consent by Grantor shall not be unreasonable withheld, delayed or conditioned; D. County may not disturb, move, or remove any rocks or boulders upon the Property except for the elimination of safety hazards without first obtaining written permission by the Grantor where consent by Grantor shall not be unreasonable withheld, delayed or conditioned; E. County must exercise due diligence in the protection of the Property against damage or destruction by fire, vandalism or other cause; F. County shall, upon Grantor's written demand, adequately maintain the Interim Detention Basin, to prevent environmental growth, and in the event County fails to do so after written notice from Grantor, reimburse Grantor for any costs and expenses reasonably incurred by Grantor for such maintenance. 10. Upon the termination of this Agreement and in the event that the County no longer is in need of the temporary rights and easement interests granted herein, the County shall execute a quitclaim deed in favor of Grantor in order to relinquish these rights and interests to the Grantor. Upon the termination of the Agreement, County shall, at its own cost and expense, remove any debris that may have been generated by its use of the Property and the Property shall be left in a 5 Grant of Easement with Right of Entry Agreement APNs 461- 220 -014 and 461- 220 -015 neat condition; however, the County shall not be responsible for the removal of any improvements that the County was permitted to install under this Agreement. County agrees not to damage Property in the process of performing the permitted activities. 11. Grantee shall or cause its contractors or subcontractors to take any and all other necessary and reasonable steps to protect the public from harm due to the work. 12. This Agreement is the result of negotiations between the Parties hereto. The Parties further declare and represent that no inducement, promise or agreement not herein expressed has been made to them and this Agreement contains the entire agreement of the Parties, and that the terms of this Agreement are contractual and not a mere recital. Any ambiguity in the Agreement or any of its provisions shall not be interpreted against the Party drafting the Agreement. 13. The undersigned represents that it has the authority to, and does, bind the person or entity on whose behalf and for whom it is signing this Agreement and the attendant documents provided for herein, and this Agreement and said additional documents are, accordingly, binding on said person or entity. 14. This Agreement shall not, nor shall any interest herein be assigned, mortgaged, hypothecated, or transferred by County, whether voluntary or involuntary or by operation of law, nor shall County let or sublet or grant any license of permit with respect to the use and occupancy of the Property or any portion thereof. Grantor shall not assign the rights of this Agreement. 15. This Agreement will be governed and construed by the laws of the State of California. 16. The Parties agree that this Agreement shall be recorded in the official records of the County of Riverside with the County Clerk Recorder upon full approval and execution by the Parties. 111 111 111 [Signature Provisions on Next Page] Grant of Easement with Right of Entry Agreement APNs 461- 220 -014 and 461- 220-0 5 17. The Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Grant of Temporary Easement and Right of Entry Agreement as first above written GRANTOR. SR CONESTOGA, LLC, a Delaware limited liability company By: Strata Conestoga, LLC, Co- Managing Member By. David M' an Its: Manager By: Conestoga Develo ent, LLC, Co- Manaoinq McFiber f Comerchero nager GRANTEE: COUNTY OF RIVERSIDE, a political subdivision of the State of California Ma ion Ashley, Chairman Board of Supervisors APPROVED AS TO FORM: Gregory P. Priamos County Counsel Y T IA M GIAZEL Deputy County Counsel Seal Grant of Easement with Right of Entry Agreement APNS 461- 220 -014 and 461 - 220-115 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 1 N On M 11TH Q.bIS Date personally appeared before me, "A19—T4 l tP �,4 �-7 �j m 4pi� �u 6 L i C Here ingr.?r-t Names anrf Titles of thin n ffirar D ,4Vi C) M;c w Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,(.s}'whose name(W is/ subscribed to the within instrument and acknowledged to me that he /5Wt.w executed the same in his /Jaer7tI`*fauthorized capacityst-K and that by his/YWAPeerr signature�sron the instrument the personal, 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. Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document F �� r- ry 7- /A) i T1+ P4 L f¢ T- 0 � - F vT F � Title or Type of Document: 6 Pw 0 �TCC Y AA Document Date. A r Ftcrrl ]— Number of Pages: 1 0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0A V T O C. J Corporate Officer -a- Title(s): I�J Partner — L' Limited _l General r� Individual C Attorney in Fact L Trustee El Guardian or Conservator NYOther: A �� 6 � P- -- _ Signer is Representing: 5r±-A-T A (2 aAJ ( 11'04A, LL (I Signer's Name __:; Corporate Officer — Title(s): [_J Partner — i =J Limited L.J General f_J Individual ]Attorney in Fact :_.l Trustee I Guardian or Conservator - :Other: Signer Is Representing: NE Go 02014 National Notary Association www.NationalNotary.org m 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 °,. i ORMA GurrERREZ - COrS Mission 1885556 a, rotary Public - Czlifornia 2 e� San Diego County My Comm. Expires Jul 24, 2 016 Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document F �� r- ry 7- /A) i T1+ P4 L f¢ T- 0 � - F vT F � Title or Type of Document: 6 Pw 0 �TCC Y AA Document Date. A r Ftcrrl ]— Number of Pages: 1 0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0A V T O C. J Corporate Officer -a- Title(s): I�J Partner — L' Limited _l General r� Individual C Attorney in Fact L Trustee El Guardian or Conservator NYOther: A �� 6 � P- -- _ Signer is Representing: 5r±-A-T A (2 aAJ ( 11'04A, LL (I Signer's Name __:; Corporate Officer — Title(s): [_J Partner — i =J Limited L.J General f_J Individual ]Attorney in Fact :_.l Trustee I Guardian or Conservator - :Other: Signer Is Representing: NE Go 02014 National Notary Association www.NationalNotary.org m 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 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 tar��r On before me, ��,,, a Notary Public, personally appeared f rho , who proved to me on the basis of satisfactory evidence to be the person(,) whose named &Vare subscribed to the within instrument and acknowledged to me that she/they executed the same in /her/their authorized capacity), and that by i herltheir signature* on the instrument the persort(o, or the entity upon behalf of which the personW 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. Place Notary Seal Above a Grant of Easement with Right of Entry Agreement APNS 461 -220 -014 and 461- 220-015 PORTION OF APNS: 461 - 220 -014 and 461 - 220 -015 THIS IS TO ERTIFY that the interest in real property granted by the easement deed dated _I -�1- , from SR CONESTOGA, LLC, a Delaware limited liability company to the COUNTY OF RIVERSIDE, is hereby accepted for the purpose of vesting title in the County of Riverside on behalf of the public for drainage purposes, subject to improvements in accordance with County standards and 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: 15 ° 6, COUNTY OF RIVERSIDE Juan C. Perez, Director of Transportation w Deputy FOR! PFt . !G O U�4SE Y: ` . I� EiIA NZE DA Grant o` Easement with Right of Entry Agreement APNS 461- 226 -014 and 461 - 220 -015 0 EXHIBIT "A" Assessor's Plat Map Legal Description and Plat Map 10 Grant of EEasemenl with Flight of Entry Agreement APNs 461 -220 -014 and 461 -220 -015 e tv 400' ANSLI = W T Ex PAHUL411c-27A 8 g A AMA R)E ST. FOR PAR 2 t] iol,4, 3 zeXUACnet PAR I LOT S 46 18 -0 Fr C-4 ti -8 Z2 21 466 tv 400' ANSLI = W t AN EASEMENT FOR DRAINAGE PURPOSES LYING WITHIN A PORTION OF PARCEL 4 OF PARCEL MAP 28605 ON FILE IN BOOK 203, PAGES 99 THROUGH 102 INCLUSIVE OF PARCEL MAPS, RECORDS OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE EAST HALF OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE S 89 °40'40" W ALONG THE SOUTH LINE OF SAID SECTION 33 ALSO BEING THE CENTERLINE OF NEWPORT ROAD (44.00 FOOT NORTHERLY HALF — WIDTH), AS SHOWN ON SAID PARCEL MAP, A DISTANCE OF 252.68 FEET; THENCE N 00 °19'20" W, A DISTANCE OF 44.00 FEET TO A POINT ON THE NORTHERLY RIGHT —OF -WAY LINE OF SAID NEWPORT ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S 89 0 40'40" W ALONG SAID RIGHT —OF —WAY LINE, A DISTANCE OF 180.00 FEET; THENCE N 08 °44'39" E, A DISTANCE OF 482.96 FEET; THENCE N 89 °41'08" E, A DISTANCE OF 235.00 FEET TO A POINT ON THE WESTERLY RIGHT —OF —WAY LINE OF STATE ROUTE 79 AS DESCRIBED IN DOCUMENT NUMBER 2011- 0080489, RECORDED FEBRUARY 22, 2011, OFFICAL RECORDS OF SAID RECORDER; THENCE S 02 0 40'12" E ALONG SAID WESTERLY RIGHT —OF —WAY LINE, A DISTANCE OF 460,00 FEET, TO THE NORTHEASTERLY CORNER OF DOCUMENT NUMBER 2011- 0080490, RECORDED FEBRUARY 22, 2011, SAID OFFICAL RECORDS, SAID POINT BEING 61.28 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE OF NEWPORT ROAD; THENCE S 89 °40'40" W ALONG THE NORTHERLY LINE OF SAID DOCUMENT NUMBER 2011 - 0080490, A DISTANCE OF 149.95 FEET, TO THE NORTHWESTERLY CORNER THEREOF; THENCE S 00 0 19'20" E ALONG THE WESTERLY LINE OF SAID DOCUMENT NUMBER 2011 - 0080490, A DISTANCE OF 17.28 FEET TO THE TRUE POINT OF BEGINNING CONTAINING: 132,288 SQUARE FEET, OR 3.037 ACRES MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.000100842 TO OBTAIN GROUND DISTANCE, SEE ATTACHED EXHIBIT "B" APPROVED BY: a .� DATE: -3 PAGE 1 OF 1 N.T.S. IL l J 132,288 SO. FT. O 17 3.037 AC N Cl V4- v L.J > N cy O v SECTION 33 a co Ln zo I T.5S. 5 R.2W., S.B.M. APN 461- 220 -004 .B I LOT "E" PER PM 203/99 -102 € C /LS OUTH LINE SECTION 33 NEWPORT R OAD I I i € I I I € i I I € I I I i I I € 1 rn I C I I d O m N i l I m I a-- € LJ € m V1 (.J I Q s I Cis 01 = I O c3 € n o I 49.99` € € i U I I I : i I € I o uj I € 17' O € € € ul�0 25' o Z F°- € -------- J_ —J� I € N 1 I I 33 34 S 89 0 40'40" W 252.68' --�/ !� /4 LINE DATA NOTE: P.0.C. -e R/W PER DOC f«2011- 0080490 SE CORNER u N 0O 19 2O W - 44.00 zi� g REC. 2-22 -2011 SECTION 33 S 89 ° 40'40" W - 180.00` ca ® S 89 W - 149.95' SECTI 4 co ® S 00 E - 17,28' (\ ;�pj1f T . 6 S. R c 2 Y 8 a S. co 9 9 I INDICATES RESTRICTED ACCESS ALL DISTANCES SHOWN ARE FEET GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GRID DIST. BY A COMBINATION FACTOR OF 1.000100842. COUNTY OF RIVERSIDE TRANSPORTATION DES!°., SURVEY DIV. PAR. NO.: 0527 -022 Not T5 Expp 9�H�1 °1 PROJECT: STATE ROUTE 79 PREPARED BY: BCIII SCALE: N.T.S. THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE PRECEDING DATE: MARCH 201 DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION. s C� w.O. NO.: B4 -0527 APPROV BY .... _ DATE: SHEET 1 OF 1 PM 28605 PM 203/99 -102 PCL 4 EXHIBIT "B" 0527 -022 DRAINAGE EASEMENT �l N 89 E 235.00' 3:41111MIMM Drainage Plans for Newport & Highway 79 Basin 11 Gran: of Casement with Right of Entry Agreement APNs 463- 220 -014 and 463- 220 -015 CWM OwER5EGN7 ENGIN'ER RECISifZATON NUMBER Da TE 9GNEp APRR M AS 10 WE0.7MCE W,TH APPLICAPU COUNTY STANCARES AND PRACTICES. 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W'915, U it u m LU • � t K W uj 3 1 111 i l I • I w x W ' � � yy , E U o o a o ,- I I 8 ms�s� 1 1 3 Ro CK r I - _ m Q, ix, . 2 Lij g '�a o � {� . ......... ru a E m 33II (` f Sf r o ' �SMUl YNd 3" SW OWLS A Nf D 3 OY nl dv 3I1µ1 y'SNYHk:3jN0� !): 6W 0�1O Jddb i W Wt0'. - ..... .... .: •- a7Na35 3iYG a39 YIn�N NOLLYlff Skl3il 233In N3 iHD3SH3 a FIWIOD /aill - ri\ was�o \soxi.xvuo�es�o- ri�rio[ \'a SNIVld %OE ), M31n36 220 MM 9 �2 Ffl Ir # 17l 1 3 j i LL �� i _ — ww km= iz x z aF�l x a ul x i - c € i I I - r E S _ �( .... g a m w g c° ff a bj .. — - - - s s�o w �z 2 - t ?i z { F s ul, ! E CL Il�.._... ., lv g j a 4� �I 'S3nLL�vtld 4NY 5n};Yp NYiS +1NN0� 319P�IlddV N1W: 3JNYIYHOlUO� 41 SY 03A 0llagtl fl3N^�IS 3:va ll3ervnN Nolivk15i�3k ri33'kInN3 AHJISi1�a A1Nnoa EXHIBIT "C" February 6, 2015 Letter from Valley -Wide Park and Recreation District 12 Grant of Easement with Right of Entry Agreement APNs 461- 220 -014 and 461- 220 -015 Mark Hughes Matthew Duane Director Direc County of Riverside Transportation Department Dirac Welter 4080 Lemon Street, 8 Floor Cener8l Manager Riverside, CA 92501 Dear Mr. Hughes Valley -Wide, Recreation and Park District appreciates the opportunity to work with 'you on this project. We appreciate the good communication and value our partnership as projects develop to meet the needs that best fit the community. It is Valley - Wide's understanding that the County is in need of a one (1) to two (2) acre detention basin, at the southeast corner of Highway 79 (Winchester Road) and Old Newport Road within The Crossroads in Winchester Specific Plan. This is needed to mitigate increased run -off under the. expanded roadway. Considering the circumstances, and time sensitive elements, Valley -Wide is willing to consider allowing 3.64 acres of park credit for portions of a joint -use basin, provided that some basic design criteria as indicated in previous meetings and as outlined below is provided. The joint -use facility must have the following: ® An active recreation design element which would include a 195' x 330' full size soccer field including a 20' offset for spectator space. Soccer field must ultimately be designed to be lighted. ® Field must have ADA accessibility and emergency vehicular access. Field may not exceed one (1) and a half percentage elevation change. Side slopes facing recreational areas or equal to two sides must not exceed 4:1. ® Soccer field must be visible from the parking lot. Soccer field must drain within 48 hours from the time of a rain event. Valley -Wide has briefly reviewed the latest concept design of the proposed park and joint -use detention basin. Based on our review, it appears that this concept within the detention basin meets the above indicated criteria, with the exception of the water quality Swale area. Areas where recreational turf cannot be installed shall not be considered for park credit. Additionally, there are several other concerns with the overall park design that needs to be considered. Below is an outline of these items: ® The restroom facility is located on the northleast corner of the park and must be positioned in a central location to better accommodate the public and be consistent with our park designs indicated in our park standards. District Office - 901 west Esplanade Avenue • San Jacinto , CA 92582 • (951) 654 - 1505 - Fax (951) 654 - 5279 Menifee Office • 30627 Menifee Road .. Menifee, CA 92584 (951) 672 -6744 • Fax (951) 672 -6740 Valle Vista Community Center • 43935 Acacia Avenue • Hemet, CA 92544 - (951) 927 -6673 - Fax (951)927 -0793 Winchester Community Center • 32665 Haddock Street • Winchester, CA 92596 - (951) 926 -5917 • Fax (951) 926.5918 Rancho Sella Vista Community Center - 31757 Browning Street - Murr €eta, CA 92563 • (951) 894 -1468 • Fax (951) 894 -1470 Marion V. Ashley Community Center • 25625 Briggs Road Meniiee, CA 92585 • (951) 928 -2700 • Fax (951) 928 -2727 E30 ARDOF RECR �p P DI VA iR CREATiI iN & PARK P.O. Box 907 W. Esplanade Avenue P r r San Jacinto, CA 92581 P %Zl ° (951) 654 -1505 - District Office v ce Pres�d� i ,.Sohn Bragg Secretar�,- A �i �]I�.9 C April 27, 20 15 Steve Sinn acj!l Direclor Mark Hughes Matthew Duane Director Direc County of Riverside Transportation Department Dirac Welter 4080 Lemon Street, 8 Floor Cener8l Manager Riverside, CA 92501 Dear Mr. Hughes Valley -Wide, Recreation and Park District appreciates the opportunity to work with 'you on this project. We appreciate the good communication and value our partnership as projects develop to meet the needs that best fit the community. It is Valley - Wide's understanding that the County is in need of a one (1) to two (2) acre detention basin, at the southeast corner of Highway 79 (Winchester Road) and Old Newport Road within The Crossroads in Winchester Specific Plan. This is needed to mitigate increased run -off under the. expanded roadway. Considering the circumstances, and time sensitive elements, Valley -Wide is willing to consider allowing 3.64 acres of park credit for portions of a joint -use basin, provided that some basic design criteria as indicated in previous meetings and as outlined below is provided. The joint -use facility must have the following: ® An active recreation design element which would include a 195' x 330' full size soccer field including a 20' offset for spectator space. Soccer field must ultimately be designed to be lighted. ® Field must have ADA accessibility and emergency vehicular access. Field may not exceed one (1) and a half percentage elevation change. Side slopes facing recreational areas or equal to two sides must not exceed 4:1. ® Soccer field must be visible from the parking lot. Soccer field must drain within 48 hours from the time of a rain event. Valley -Wide has briefly reviewed the latest concept design of the proposed park and joint -use detention basin. Based on our review, it appears that this concept within the detention basin meets the above indicated criteria, with the exception of the water quality Swale area. Areas where recreational turf cannot be installed shall not be considered for park credit. Additionally, there are several other concerns with the overall park design that needs to be considered. Below is an outline of these items: ® The restroom facility is located on the northleast corner of the park and must be positioned in a central location to better accommodate the public and be consistent with our park designs indicated in our park standards. District Office - 901 west Esplanade Avenue • San Jacinto , CA 92582 • (951) 654 - 1505 - Fax (951) 654 - 5279 Menifee Office • 30627 Menifee Road .. Menifee, CA 92584 (951) 672 -6744 • Fax (951) 672 -6740 Valle Vista Community Center • 43935 Acacia Avenue • Hemet, CA 92544 - (951) 927 -6673 - Fax (951)927 -0793 Winchester Community Center • 32665 Haddock Street • Winchester, CA 92596 - (951) 926 -5917 • Fax (951) 926.5918 Rancho Sella Vista Community Center - 31757 Browning Street - Murr €eta, CA 92563 • (951) 894 -1468 • Fax (951) 894 -1470 Marion V. Ashley Community Center • 25625 Briggs Road Meniiee, CA 92585 • (951) 928 -2700 • Fax (951) 928 -2727 SP 288A2 April 27, 2015 Page 2 ro Basketball courts, tot -lots and other recreational areas must be away from residential units. There must be a minimum of six (6) parking stalls per acre of park land. ® Public streets should buffer the park. Rear facing residential units can only be located by the east end of the basin. ® Additional parking is desired considering that on- street parallel parking would be a concern on Old Newport Road and certainly not allowed along Winchester Road 1 Highway 79. ® Ball field must be designed to flow away from infield clay. ® Areas shown within the basin indicated as water quality that cannot have recreational turf cannot be considered as park credit. Additionally, based on our calculations from the information provided by the applicant (Rancon), the current land use plan does not meet the park land requirements, whether or not park credit is given at the joint -use basin /soccer field. We understand that due to cultural restrictions, the park land dedication requirement was reduced from the Valley - Wide standard of five (5) acres of park land per 1,000 population to three (3) acres per 1,000 population. This change reduced the park land requirement from fourteen (14) acres to about just eight and a half (8 -112) acres. We feel that the County has demonstrated that a joint -use facility is acheiveable assuming that Rancon is willing to meet all of Valley- Wide's park requirements. Based on previous meetings with Rancon, it is our understanding that a detention basin and water quality swale would still need to be at this location to mitigate project increased run -off and water quality management, regardless of the County's need for a basin, Given all the information gathered to date on this project, we feel that additional park land should be added to this area to ensure that the above items are provided and ultimately park credit can be given. If all of the above listed items -can be achieved, Valley -Wide is willing to consider 7.26 acres of the joint -use park /basin for park credit. In the event that Rancon does not feel that they can meet the park requirements, we are open to review alternative locations for the park site, which would potentially eliminate the park credit for the detention basin area. Should you have any questions. please feel free to contact me at (951) 654 -1505. Sincerely, can Wetter, General Manager Valley -Wide Recreation and Park District < :Z7 + -- IMF cs r. PH PC 0. w KOS Qu I SO . .. .. ..... 1 4d tots < :Z7 + -- IMF cs r. PH PC 0. w KOS Qu I