HomeMy WebLinkAboutItem No. 06 Grant of Easement to EVMWDText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-121
Agenda Date: 3/28/2017 Status: Consent AgendaVersion: 1
File Type: MapIn Control: City Council
Agenda Number: 6)
Page 1 City of Lake Elsinore Printed on 3/23/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Dina Purvis, Senior Engineering Technician
Date:March 28, 2017
Subject:Grant of Easement to Elsinore Valley Municipal Water District
Recommendation
Authorize the City Manager to process the easement documents and instruct staff to forward the
document to the Elsinore Valley Municipal Water District (EVMWD) for recordation.
Background
DMB Pacific Ventures is in the process of constructing the new Summerly Community Park.
Part of the park infrastructure construction requires waterlines and associated appurtenances
for service to the park. Many of these facilities lie in lands that are owned in fee title by the City.
EVMWD is asking the City for an easement to utilize an area near the existing golf cart
maintenance path for placement of an air release valve.
Discussion
The EVMWD facilities requiring the easement lie in an area with many existing easements. This
easement the City would be granting would be non-exclusive in nature, and allow the future
maintenance of the facilities. Once the easement is signed, the facilities can be put into use. In
order to accommodate this water line, DMB Pacific Ventures is requesting the easement for the
EVMWD facilities.
Fiscal Impact
There are none. All costs related to this easement shall be the responsibility of Elsinore Valley
Municipal Water District.
Exhibits
A-Easement
B-Plat and Legal
C-Vicinity Map
A-1
No Recording Fees Required
Per Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
ELSINORE VALLEY MUNICIPAL
WATER DISTRICT
P.O. Box 3000
31315 Chaney Street
Lake Elsinore, CA 92531
APN: 371-030-051 (Space above this line is for Recorders use)FILE:
TRA: 005-042
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, City
of Lake Elsinore (“Grantor”) does hereby grant to ELSINORE VALLEY MUNICIPAL WATER
DISTRICT, a public agency of the State of California (“Grantee”), and its successors and assigns, a
perpetual, non-exclusive easement and right-of-way (“Easement”) to construct, reconstruct, install,
enlarge, survey, replace, remove, relocate, repair, alter, improve, operate, maintain, inspect, and use water
air relief valve and other appurtenant appliances and fixtures (“Facilities”), which Facilities may be
installed at different times, and over a period of time, and necessary devices and appurtenances thereto in,
on, over, under, along and across that certain real property in the County of Riverside, State of California,
described in Exhibit “A”and depicted in Exhibit “B”attached hereto and by reference made a part hereof
(“Easement Area”).
The foregoing Easement includes the reasonable right of access to and from the Easement Area for the
purpose of exercising the rights granted herein.
The Facilities and appurtenances may be constructed within the Easement Area any distance either below
or above the ground surface. The Easement herein granted includes the right to enter the Easement Area,
to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove said Facilities,
fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance
thereof.
Grantor shall not have the right to cultivate, occupy or use the Easement Area for any purpose inconsistent
with the rights and privileges granted herein or which would interfere with or endanger said Facilities,
fixtures and appurtenances or the use thereof. Grantee shall use due care in the construction, operation and
maintenance of said Facilities, fixtures and appurtenances.
Grantor, and Grantor’s successors and assigns, further agree that no building, fences, walls or other
structures of any kind, or trees, shall be installed, constructed, erected, placed planted or maintained in any
portion of the Easement Area, and no shrubs or other plants or vegetation shall be placed, planted or
maintained in the portion of Easement Area, and no changes in the alignment of grading of the Easement
Area will be made without prior written consent of the Grantee.
The Easement shall include, withoutlimitation, the right and privilege of Grantee and its employees, agents,
representatives, contractors, subcontractors, and workmen to: (i) perform all activities as may be necessary
to facilitate the purposes of the Easement; (ii) use, control and occupy the Easement Area non-exclusively
with Grantor; (iii) have access to, ingress to, and egress from the Easement Area; (iv) construct and relocate
the sewer and related facilities within said Easement Area, and to use gates in all fences which now cross
said Easement Area; (v) use and temporarily place and operate tools, equipment, machinery, and materials
A-2
on the Easement Area, and (vi) trim, cut, remove, or clear away any trees, brush, or other vegetation or
flora, including the roots thereof, located within the Easement Area. No additional fences or gates or gates
shall be constructed across said Easement Area unless approved in writing by the Grantee. Grantee shall
also have the right to mark the location of this easement in a manner which will not interfere with Grantor’s
reasonable and lawful use of said Easement Area.
Grantee shall also have the right to grant, transfer and/or assign from time to time all or a portion of the
easement rights created herein to one or more parties, including, without limitation, to any other
governmental district, entity or agency with jurisdiction over any portion of the Easement Area if necessary
or appropriate to use or develop any portion of Grantee’s other properties. The easements created herein
may only be terminated or extinguished by a written and recorded document executed by Grantee, and not
by any operation or theory of law.
Date
GRANTOR
By:
(Signature)
(Print name, Title)
City of Lake Elsinore
(Company Name)
130 South Main Street
(mailing address)
Lake Elsinore CA 92530
(city)(state)(zip code)
Doc. No.
A-3
NOTARY ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF )
On _______________ before me, __________________________________________________,
Notary Public, personally appeared ________________________________________________,
who 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.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature ________________________(Seal)
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.
A-1
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT AREA
[Attached on following page]
B-1
EXHIBIT B
DEPICTION OF EASEMENT AREA
[Attached on following page]
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement to
which this Certificate of Acceptance is attached,
from:City of Lake Elsinore (“Grantor”)
to:ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency of
the State of California (“Grantee”)
is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority granted
by Grantee’s governing board, and Grantee hereby consents to recordation of said Grant of
Easement.
Dated: ________________________ELSINORE VALLEY MUNICIPAL WATER
DISTRICT, a public agency of the State of
California
By:
Name:
Title:
EXHIBIT "A"
LEGAL DESRIPTION
A PORTION OF LOT 17 OF BLOCK "H" OF THE RESUBDIVISION OF BLOCK "D" OF ELSINORE,
M.B. 6/296, RECORDS OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL is
A STRIP OF LAND VARYING IN WIDTH MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 35 OF TRACT NO. 31920-1, RECORDED IN BOOK
394, PAGES 41 THROUGH 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 2,100.00 FEET; A RADIAL LINE BEARS NORTH 24114'08" WEST TO SAID POINT,
THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 35, THROUGH A CENTRAL
ANGLE OF 5042'12", AN ARC LENGTH OF 209.04 FEET; SAID POINT BEING THE NORTHEAST CORNER
OF PARCEL 1 OF AN EASEMENT TO THE CITY OF LAKE ELSINORE, RECORDED MAY 21, 2013 AS
INSTRUMENT NO. 2013-0241565 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY SIDELINE OF SAID PARCEL 1,
DEPARTING FROM SAID NORTHERLY LINE OF SAID LOT 35 AND ALONG SAID NORTHEASTERLY
LINE, SOUTH 38°51'42" EAST 73.63 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SIDELINES OF SAID STRIP LYING 5.00
FEET EAST OF AND 7 FEET, MORE OR LESS, WEST OF THE FOLLOWING DESCRIBED LINE,
TERMINATING WESTERLY AT THE NORTHEAST LINE OF AN EASEMENT TO ELSINORE VALLEY
MUNICIPAL WATER DISTRICT, RECORDED APRIL 13, 2007 AS INSTRUMENT NO. 2007-0256539 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, SOUTH 38°51'42" EAST 10.00 FEET,
ALSO AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS CONDITIONS RESTRICTIONS RESERVATIONS EASEMENTS AND RIGHTS-
OF-WAY OF RECORD IF ANY.
PREPARED BY:
SCOTT M. WILSON DATE
P.L.S. 7434
ExPIRES 12/31117
Na. 7434
Exp, 12/31/17
Page I of I
EXHIBIT "Bn PAGE 1 OF 1
WATERLINE EASEMENT
PARCEL 1
A PORTION OF LOT 17 OF BLOCK "H" OF THE RESUBDIVISION OF BLOCK "D" OF ELSINORE, M.S. 61296,
RECORDS OF SAN DIEGO COUNTY.
® AN EASEMENT TO ELSINORE VALLEY MUNICIPAL WATER
DISTRICT, RECORDED AUGUST 25, 2006 AS INSTRUMENT
N0. 2006-0628256 O.R.
® AN EASEMENT TO ELSINORE VALLEY MUNICIPAL WATER
DISTRICT, RECORDED APRIL 13, 2007 AS INSTRUMENT
N0. 2007-0256539 O.R.
O AN EASEMENT TO THE CITY OF LAKE ELSINORE,
RECORDED MAY 21, 2013, AS INSTRUMENT NO.
2013-0241565 O.R.
® AN EASEMENT TO SANTA ANA WATERSHED AUTHORITY,
RECORDED OCTOBER 4, 1991 AS INSTRUMENT N0,
345395 0. R.
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Summerly Park Site
Requested Easement Area