Loading...
99_05593514VL V1Ulrry negUeS ed By c iFst A n /el anit Afttar wr&V. MW W. p MEW OF MAW OF SXSW ; Recorded at request Department of ing Services Real Propt vision for the Tgntportation Department 3133 Y&ion Inn Avenue Rivpdide, California 42507-4199 FREE RECORDING Ibis instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee (Gov. Code 8103) 1 00CME14T T0. WHICH THIS CfiiR � �G4 � COPYIDF `THE ORIGINAL ON FILE ....PROJECT NAME: ECORO IN Ili F ' �d� Ated: PARCEL NO.: pll�- Antelope Road and Stillwater Drive 0588 -00I G19* l and of 60's APN: 357 -820 -026 -5 raids, �e De'�y GRANT OF EASEMENT THIS GRANT OF EASEMENT is made as of the � day of I 1999, by DAYTON HUDSON CORPORATION, a Minnesota corporation ( "Grantor''), whose address is DHC Property Development, 1000 Nicollet Mall, Minneapolis, Minnesota 55403, Attn: Property Administration. Grantor is the owner of certain real property described on Exhibit A attached hereto and made a part hereof ( "Grantor's Property"). In consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby quitclaim unto the County of Riverside, a political subdivision of the State of California ("Grantee "), subject to the terms and conditions set forth below, a perpetual non- exclusive easement ("Easement") upon, over and under the portion of Grantor's Property that is legally described on Exhibit B attached hereto and made a part hereof and depicted on Exhibit C attached hereto and made a part hereof ("Easement Area"), for the specific purpose of permitting Grantee the right to install, operate, maintain, repair, remove and replace a traffic control signal and appurtenant facilities including traffic loops, poles and conduits (collectively called the "Facilities') over, under and upon the surface of the Easement Area, together with the right of reasonable and necessary ingress and egress to and from the Easement Area in connection with the exercise of the rights granted herein. By acceptance of the Easement created hereby, Grantee covenants and agrees with Grantor as follows: 1. Grantor hereby reserves and retains all other property rights in and to the Easement Area, specifically including but not limited to: (a) the right to use the Easement Area for any purpose whatsoever, so long as such use does not substantially and unreasonably interfere with Grantee's rights hereunder (it being expressly understood that the use of the 185663Qv4 (I3s1204l.DOC) Original DOC " 1999 —SSSSS 2 12/28/1999 08:00A Fee:NC Page 1 of 10 Recorded In Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder e0e m000��� MMMMIFAM �e �0M ., . OD NOV 3 0 1999 - T AG d STATE OF CALIFORNIA COUNTY OF Riverside O March 2, 2000 , before me, D.J. Newton I }ss. ,� A M E N �� C L personally appeared ** *Otto Lee and Janet Francis Lee* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** personally known to me (or 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. WITNESS my hand and official seal. Signature k D.J. NeWtofi D j . NEWTON . COMM. #1119984 N OTARY PUBLIC CALIFORNIA G 2 1 b u� "V.,l� couNrr My comm. Expires Oec. 16, 2000 (This area for offir al notarial seao Title of Document FASEMI�l'r Date of Document March 2, 2000 No. of Pages 6 including this e Other signatures not acknowledged None _ _ .t— Z i[[iu [[i[i[ i��i[i [iii hill iiilli sill lip IIl�I Iflf IIII 03 6 600 08790R 30M (1194) tGenerdQ surface of the Easement Area for vehicular traffic, pedestrian traffic, landscaping, parking and/or signage shall be deemed not to substantially interfere with Grantee's rights hereunder); and (b) the right to locate electric, gas and water lines and other utilities in the Easement Area, so long as such improvements do not substantially and unreasonably interfere with Grantee's permitted use of the Easement Area. 2. Any installation, operation, maintenance, repair or replacement performed by Grantee shall be at Grantee's sole cost and expense and shall be performed with care and in such manger as to cause the least interference with the surface of the Easement Area and with the use and enjoyment thereof by Grantor and others Iawfully present thereon. Grantee shall cause any backfill to be compacted in layers to avoid settling, voids and/or air pockets. 3. Grantee shall maintain the Facilities in good condition, and Grantee shall install, maintain, operate, repair, replace and remove the Facilities in compliance with all applicable governmental rules, regulations and requirements. Grantee agrees to obtain at its sole cost and expense, before using the Easement Area for the purpose permitted hereunder, such permits, licenses or other authority as may be required from Federal, State, County, City or other governmental agencies or units exercising jurisdiction over the installation and operation of the Facilities, and Grantee further agrees to comply with and strictly observe any and all laws, ordinances, rules, regulations, codes and orders of any such governmental agency or unit. 4. If the surface of Grantor's Property or any portion thereof, or any landscaping, curbing, pavement or other improvements thereon, shall be disturbed by installation, operation, maintenance, replacement or removal activities or other activities performed by or on behalf of Grantee in connection with the use of the Easement, said surface and improvements shall be promptly restored by Grantee to their condition just prior to such disturbance, subject to alterations expressly authorized herein. Immediately following the performance of work by or on behalf of Grantee, Grantee shall remove from the Easement Area and surrounding land all equipment, materials and debris resulting from or used in connection with such work. 5. There shall be no liability on Grantor, its successors and assigns and persons occupying or lawfully present on the Easement Area for damage, if any, which may be caused by normal and reasonable use of, or vehicular or pedestrian traffic over, the Easement Area. Such normal and reasonable use may include the parking of vehicles on the Easement Area and installation, operation and maintenance of standard parking lot improvements including paving, bumper curbs, light standards and striping and landscaping. 6. Grantee shall not permit any mechanics', materialmen's or other liens to stand against Grantor's Property or any part thereof for work or materials furnished Grantee in connection with the Easement, and Grantee agrees to indemnify, defend and hold Grantor harmless from and against the same. 195663A4 "3A204 I I�IMII���II�MNIIN�N�W�dWl�ll ,�,� =,_ 7. To the extent permitted by law, Grantee shall indemnify, defend and hold harmless Grantor from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs, penalties and reasonable attorneys' fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Easement Area by Grantee or arising in any manner out of the acts or omissions of Grantee or its agents or employees or any other persons acting under Grantee's direction or control in connection with the Easement or with the use or occupancy of the Easement Area, save and except claims and litigation arising through the negligence or willful misconduct of Grantor. The indemnity obligations set forth in Sections 6 and 7 of this Grant of Easement shall survive any termination of the Easement. 8. Grantee agrees to maintain at all times adequate general public liability insurance with respect to the Easement Area and the use and occupancy thereof (in an amount not less than $1,000,000.00 per occurrence), specifically including coverage against claims for bodily injury, death and property damage occurring on or about the Easement Area and contractual coverage with respect to the indemnity obligations set forth in this instrument. Grantee shall furnish Grantor with evidence of such coverage or evidence of self-insurance before commencing any use or occupancy of the Easement Area, and upon request from time to time thereafter. 9. In the event Grantee shall abandon or no longer use the Facilities or the Easement Area for a period of at least one year, then, notwithstanding any provision herein to the contrary, the Easement shall automatically terminate and Grantee shall, promptly upon request, execute a recordable instrument to evidence the termination and release of the Easement. Upon the termination of the Easement, Grantee shall promptly remove the Facilities and restore the Easement Area -to a condition as good as or better than that which existed immediately prior to the installation of the Facilities (including the replacement of any landscaping, curbing or paving that has been removed or damaged). 10. Grantee takes the Easement without warranty of title and subject to all valid and existing licenses, leases, grants, exceptions, encumbrances, title defects, matters of record, reservations and conditions affecting Grantor's Property and/or affecting access or ingress and egress thereto. 11. Grantee shall not claim or declare any fee interest in and to the Easement Area, and in the event of eminent domain proceedings or settlement pursuant thereto, Grantee shall make no claim against the award or compensation accruing out of or resulting from such event, save and except any payment made to Grantee for damage to its Facilities or with respect to removing or relocating the same. 12. Grantee agrees not to specially assess Grantor or Grantor's Property for any portion of the cost of installation, operation, maintenance, repair or replacement of the Facilities. 195"3Ov4(13nU i iiuimiumii�e0o ,.,�,affi,_ 11 This Grant of Easement shall not be effective until this instrument has been properly executed by or on behalf of both Dayton Hudson Corporation and the Chairman of the Board of Supervisors of Riverside County, California_ 14. The terms "Grantor" and "Grantee", wherever used in this instrument, are intended in each instance to include the successors and assigns of Grantor as the owner of the Easement Area, and Grantee as the owner of the Facilities. [The remainder of this page is intentionally left blank.] 204MM III ��N�IRI .�'�;'_ IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date first above written. DA By: TION Eetlrar' J. Fler. 7 1 ce F 'r? rr?W t R7oras By its execution of this i n s trument, /tee tifies to (3r�[ntor that it is authorized to accept the same by order of the Board of Supervisors, that its covenants and agreements hereunder constitute legal and binding obligations of Grantee and are enforceable against Grantee in accordance with their terms, and that it consents to the recordation ther -of by its duly authorized office. RECONAIENDED�F APPROVAL: By: &J� , P LA K. BAIRD e Pro Agent By: DAVID E. BARNHART Director of Transportation APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Coun el By: ATTEST: GERALD A. MALONEY Clerk of the Board By: Depu Dated: NOV 3 a 1999' 1856630x4 (13s1204!.D0Q COUNTY OF RIVERSIDE UZ 5 II IN �:�'- Is STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this -q" day of Q 1999, by a�r.Ja�� +' r _ the V �e'e5 -7 0 3 of DAYTON HUDSON CORPORATION, a Minnesota corporation, on behalf of said corporation. LAURA R. MILLER NOTARY PUBLIC •I, NNESOTA .ma >jy camm;ssioa Exphs jan. 31, 2000 !� NMMAM14�J !- .5+°�ww..w..t+W.�.�/V VyiAM/SN 7S STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) r Nok Publi The foregoing instrument was, acknowledged before me this day of e1` I999, by /� [ SIII the C airman of the Board of Supervisors of th COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of said political subdivision. W--Q1. .•. s. / • s� s ` 185"3Ov4 (13s12041.DOC) .' u 111111111111111111111111111111111111111111111111111111 ��:�,_ EXHIBIT A Legal Description of Grantor's Property PARCEL 2 OF PARCEL MAP 140. 27426, AS PER PLAT RECORDED IN BOOK 187 OF PARCEL MAPS, PAGES 27 TO 33, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 1956630v4 (13s12041MOC) EXHIBIT B LEGAL DESCRIPTION PARCEL 0586 -001 BEING A PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 27426, ON FILE IN BOOK 187, PAGES 27 THROUGH 33, INCLUSIVE, OF PARCEL MAPS. RECORDS OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE, CALIFORNIA, SAID PARCEL OF LAND ALSO LYING WITHIN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 3 -WEST, S.B.M., AND. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OFANTELOPE ROAD (100.00 FEET• WIDE) AND STILLWATER DRIVE (70.00 FEET WIDE), AS SHOWN ON TRACT MAP NUMBER 22127 -2,ON FILE IN BOOK 189, PAGES 46 THRU 51, INCLUSIVE, OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY RECORDER; THENCE N 45"03'52'.W. ON A NORTHWESTERLY PROLONGATION OF THE CENTERLINE OF SAID STILLWATER DRIVE, A DISTANCE OF 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID ANTELOPE ROAD, SAID POINT ALSO BEING IN A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1150.00 FEET, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE AND THE ARC OF SAID NON - TANGENT CURVE, FROM AN INITIAL RADIAL LINE BEARING S 45 °03'52' E, THROUGH A CENTRAL ANGLE OF 02 °56'18 ", A DISTANCE OF 58.98 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT -OF -WAY LINE, N 02 °47'33• E, A DISTANCE OF 35.00 FEET TO A POINT 33.00 FEET SOUTHWESTERLY OF, AND MEASURED AT RIGHT ANGLES TO THE AFOREMENTIONED NORTHWESTERLY PROLONGATION OF THE CENTERLINE-OF STILLWATER DRIVE; THENCE N 45 °03'52" W, 33.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE PROLONGATION, A DISTANCE OF 8,00 FEET; THENCE N 44 °56'08' E, MEASURED AT RIGHT ANGLES TO SAID CENTERLINE . PROLONGATION, A DISTANCE OF 33.00 FEET TO A POINT OF INTERSECTION WITH SAID CENTERLINE PROLONGATION; THENCE S 45 0 03'52' E, ALONG SAID CENTERLINE PROLONGATION, A DISTANCE OF 8.00 FEET; THENCE LEAVING SAID CENTERLINE PROLONGATION, N 44 °56'08' E, MEASURED AT RIGHT ANGLES TO SAID CENTERLINE PROLONGATION, A DISTANCE OF 29.00 FEET; THENCE N 89 °16'04' E. A DISTANCE OF 34.11 FEET TO A POINT OF INTERSECTION WITH THE AFOREMENTIONED NORTHWESTERLY RIGHT -OF- -WAY LINE OF ANTELOPE ROAD, SAID POINT ALSO BEING IN A NON TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1150.00 FEET; 12/29/1999 88 - MR III Hill IN IN 8 of Is LEGAL DESCRIPTION PARCEL 0588 -M (CONTINUED) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING S 47 ° 43'18' E, THROUGH A OENTRAL ANGLE OF 02 °39'27'. A DISTANCE OF 53.34FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,425 SQUARE FEET. OR 0.056 ACRES, MORE OR LESS. SEE ATTACHED EXHIBIT "B" APPROVED B�Y�:� DATE: `7 ` z -� ` �'[ H 11111111111111111 I�RInnI�IIIIIII�I��NIY6 ��ID; ='— ' •. •... ,..... EXHIBIT' C faV \�i bra rr •.. r* •..• •�I�e .a ••ar. •.. to tt ,• •< rh APN 3 57 -820 -026 N.T.S. 0588 -�4 o��'� °� ��'' �~�• �� 2.425 SOFT. °' °' ��•'o A r 0.056 A N 44- 33.00' %} E o o•, L � t +b�% ��o0 1oa 0,'S % 8.00, - 2� .`, g `�, ♦o , `ate N' 2 3.. — - ♦,�� �I ,� a f,2 'Ol_ Aso / 1150 � R, -3� E `Rl` A 4, boo. ♦ /, /q��h �. W" .h t f 1 1 i < < !O % a , C TOTAL C/L CURVE ;� t QD To OD- 0- 0 Q► ` f n �l � • %\ CURVE DATA DELTA RADIUS LENGTH 02 - t8 1158.00' 58.88 ` B 82-39 -27 tt50.00' 53.34' c 05 - 3545 t 200.00' t 12, 32' D 02-56 1200.00' 61.5 ' --- �� E: 82 -39 -27 1200408 55.66 COUNTY a� AIY�asrne i N 7 �OBTATION DEPT. SURYEY DIY. PAR. JirO�, r 0588 - * f'MJECTr ANTELOPE ROAD P 'N?ED By'r TM � � ionew Tw' c x Tr,� � 1Y15 axx�rrrxr. raac� r c>ES ra�c p,�TEr A pAL I APP er DATE: -- fl y° W-0. a A9