HomeMy WebLinkAboutItem No. 12 - Grant of Easement So Cal Edison Alberhill Ranch Valley Ivyglen ProjectCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-380
Agenda Date: 10/26/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 12)
Grant of Easement and Temporary Construction Easement to Southern California Edison near
Alberhill Ranch Community Park for the Valley Ivyglen Project
Authorize the City Manager to process the easement documents and instruct staff to forward the
documents to Southern California Edison (SCE) for recordation.
Page 1 City of Lake Elsinore Printed on 10/21/2021
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: October 26, 2021
Subject: Grant of Easement and Temporary Construction Easement to Southern
California Edison near Alberhill Ranch Community Park for the Valley
Ivyglen Project
Recommendation
Authorize the City Manager to process the easement documents and instruct staff to forward the
documents to Southern California Edison (SCE) for recordation.
Background
Southern California Edison is carrying out its Valley-Ivyglen Sub-transmission line Project, a
regional project located within the unincorporated and incorporated areas of western Riverside
County, which largely impacts the City of Lake Elsinore. The project includes the construction of
a new single-circuit 115-kV sub-transmission line and fiber optic line running approximately 27
miles, with approximately 10 miles of new powerlines traversing through the City of Lake
Elsinore. The purpose of the new Valley-Ivyglen sub-transmission is to relieve loads on the
existing Valley-Elsinore Fogarty and provide a second source of power to Ivyglen Substation.
Discussion
Southern California Edison (SCE) is the utility responsible for the installation and maintenance
of electrical facilities. SCE is requesting the City grant a 242 square foot utility easement at the
southeast corner of Lake Street and Nichols Road adjacent to the Alberhill Ranch Community
Park as shown in Exhibit C. The Grant of Easement is required for the anchor of the existing
power pole.
Furthermore, SCE is requesting a 30,047 square foot Temporary Construction Easement (TCE)
located within the parking area of Alberhill Ranch Community Park as shown in Exhibit C. TCE
will be used as a wire pulling site whereby the conductor will be strung onto power poles. All
equipment will be removed at the end of each work day and trucks will not be parked overnight.
TCE will continue for 30 days and will terminate upon the earliest of (a) a date upon which SCE
notifies the City that it no longer needs the TCE, (b) 30 days from the commencement date of
TCE, or (c) December 31, 2021. SCE is anticipated to begin construction in November 2021
with work anticipated for five (5) working days barring construction delays.
GRANT OF EASEMENT SOUTHERN CALIFORNIA EDISON
October 26, 2021
Page 2 of 2
Fiscal Impact
There are no fiscal impacts to the City. All costs related to this easement shall be the
responsibility of Southern California Edison.
Exhibits
A – Grant of Easement Agreement
B – Temporary Construction Easement Agreement
C – Map of Easement Areas
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
THE CITY OF LAKE ELSINORE, a California municipal corporation, hereinafter called
"Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its
successors and assigns, hereinafter called "Grantee", a permanent easement and right of way to construct,
use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time
to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures,
guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits
with necessary appurtenances, both overhead and underground, for conveying electric energy to be used
for light, heat, power, telephone and/or other purposes (collectively, “Facilities”), in, under, on, over,
along and across a strip of land of varying width, hereinafter described and designated as "Right of Way
Strip," lying within that certain real property of the Grantor, situated in the City of Lake Elsinore, County
of Riverside, State of California, and more particularly described in Exhibit “C” attached hereto and by
this reference made a part hereof.
The said Right of Way Strip is more particularly described on the Exhibit "A" and more
particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in
whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner
Grantee deems desirable, any one or more, or all, of the easements and rights, includi ng but not limited
to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors,
agents, and employees, for no additional compensation to Grantor, the right to clear and to keep clear
said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and
any and all other obstructions of any kind (except for those herein provided) and the right t o trim or
remove any tree or shrub which in the opinion of Grantee, may endanger the Facilities or interfere with
the exercise of the rights herein granted.
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
DOCUMENTARY TRANSFER TAX $_______________________
__________ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
_________ OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBERANCES REMAINING AT TIME OF SALE
, SO. CAL. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX, FIRM NAME
APPROVED BY:
BY __________ DATE _____/_____/_______
PROJECT: VALLEY IVYGLEN
SERVICE ORDER: 801882275
V&LM FILE NUMBER: ACQ203741726
SCE DOCUMENT NUMBER: 522281
SERIAL NUMBER: 72481A
LOCATION: Lake Elsinore
APN: 389-020-056-3
GRANT OF EASEMENT
SERIAL NUMBER: 72481A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
Grantor reserves for Grantor and Grantor's successors and assigns, on, over, across and under (but
not longitudinally along) said Right of Way Strip, rights for (1) underground utilities, including water
pipelines, electrical conduit, sewer lines, and telecommunications lines, (2) parkways, and (3) roads
(collectively, “Reserved Rights”), provided, however, that the exercise of such Reserved Rights does
not interfere with or endanger, in the reasonable opinion of Grantee, the operation or maintenance of the
Facilities, or Grantee's ready access to its said Facilities, or the exercise of any of the right s herein
granted to Grantee. Grantor shall not undertake any Reserved Rights without the previous written
consent of the Grantee, which consent shall not be unreasonably withheld, delayed, or conditioned.
Except to the extent reasonably necessary to maintain, resurface and/or replace any means of
ingress or egress and/or any utilities (for which no consent from Grantee is required provided such
maintenance, resurfacing and/or replacing does not impair Grantee’s use of the easement), Grantor shall
not excavate or change, nor permit the excavation or changing of the surface of the ground of the above
described real property without the previous written consent of the Grantee, which consent shall not be
unreasonably withheld, delayed, or conditioned.
The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit
of the successors and assigns of Grantor and the successors and assigns of Grantee.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its offi cers
thereunto duly authorized, this ______ day of ___________________, 20____.
By:
Name:
Its:
The City of Lake Elsinore, a California
municipal corporation
GRANT OF EASEMENT
SERIAL NUMBER: 72481A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
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
On _______________________ before me, , a 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.
Signature _______________________________
PAGE 1 OF 2
EXHIBIT “A”
LEGAL DESCRIPTION
APN: 389-020-056
SERIAL NO. 72481A
TRANSMISSION LINE EASEMENT
THAT PORTION OF LOT 1 OF TRACT NO. 28214-4, IN THE CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED
IN BOOK 396, PAGES 3 THROUGH 7, INCLUSIVE, OF MAPS, IN THE RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED IN THE GRANT DEED
RECORDED JUNE 30, 2006, AS DOCUMENT NUMBER 2006-0477099, OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE AT THE MOST NORTHERLY CORNER OF SAID LOT 1;
THENCE ALONG THE NORTHWESTERLY LINE THEREOF, SOUTH 59°13'07" WEST,
238.56 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY, LEAVING SAID NORTHWESTERLY LINE, ALONG THE
ARC OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF
25.00 FEET, WHOSE RADIAL BEARS SOUTH 85°32'17" EAST, THROUGH A CENTRAL
ANGLE OF 17°05'25", AN ARC DISTANCE OF 7.46 FEET;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 61°32'04" EAST, 5.52 FEET;
THENCE SOUTH 28°26'37" WEST, 6.00 FEET;
THENCE NORTH 61°32'04" WEST, 5.52 FEET;
THENCE SOUTHWESTERLY, ALONG THE ARC OF A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET, WHOSE RADIAL
BEARS SOUTH 54°39'50" EAST, THROUGH A CENTRAL ANGLE OF 51°38'11", AN ARC
DISTANCE OF 22.53 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE
LAND DESCRIBED IN THE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA
EDISON COMPANY, RECORDED MARCH 1, 1990, AS INSTRUMENT NUMBER 075098,
OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY;
THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 30°39'13" EAST, 16.10 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 1;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 59°13’07" EAST, 17.92 FEET
TO THE TRUE POINT OF BEGINNING.
SERIAL NO. 72481A
PAGE 2 OF 2
CONTAINING 242 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS
SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND
IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
THIS REAL PROPERTY DESCRIPTION AND ACCOMPANIED EXHIBIT “B” HAS BEEN
PREPARED AT MARK THOMAS, BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
1/26/2021
SHERRIE J. ZIMMERMAN LS. 8964 DATE
DRAFT
SCALE 1" = 250'
125 5002500
Feet
LMHG
P471
POC
TPOB
DRAFT
SCALE 1" = 20'
10 40200
Feet
TPOB
POC
GRANT OF EASEMENT
SERIAL NUMBER: 72481A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
EXHIBIT “C”
LEGAL DESCRIPTION
LANDS OF THE GRANTOR
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 1 AS SHOWN ON TRACT NO. 28214-4, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 396, PAGES 3 THROUGH 7,
INCLUSIVE, OF MAPS, OFFICIAL RECORDS, EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS
FOLLOWS:
PARCEL A:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 4 AS SHOWN ON SAID MAP THENCE ALONG THE
SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 21°00’21”
WEST, 8.01 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 8.00 FEET SOUTHWESTERLY,
MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE LEAVING
SAID SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE, ALONG SAID PARALLEL
LINE, NORTH 66°16’07” WEST, 95.32 FEET TO A POINT ON THE SOUTHWESTERLY PROLONGATION OF
THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED
SOUTHWESTERLY PROLONGATION, NORTH 22°40’30” EAST 8.00 FEET TO THE SOUTHWESTERLY
CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, SOUTH 66° 16’07”
EAST, 95.09 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1, THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 26° 12’ 12” WEST 66.06 1ET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 26° 12’ 12” WEST 779.80
FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF ALDERWOOD CIRCLE AS SHOWN ON
TRACT NO. 28214-5, OF MAP RECORDED IN BOOK 403, PAGES 36 THROUGH 43, INCLUSIVE, OF MAPS,
OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING A POINT ON CURVE CONCAVE
EASTERLY, HAVING A RADIUS OF 65.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 6° 33’ 40”
WEST; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY, SOUTHWESTERLY AN ARC LENGTH OF
65.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45° 49’ 52”; THENCE LEAVING SAID
SOUTHEASTERLY LINE ON A NON-TANGENT LINE NORTH 52°23’32” WEST, 45.87 FEET; THENCE NORTH
21° 12’ 08” WEST 46.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING
A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 75.46 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 55°25’48”; THENCE NORTH 34° 13’ 40” EAST 63.32 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 42.00 FEET; THENCE
NORTHERLY, AN ARC LENGTH OF 40.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55°42’54”; THENCE NORTH 21° 29’ 14” WEST 100.49 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF
66.14 FEET ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 48°34’55”; THENCE NORTH 27°05’41”
EAST, 113.05 FEET; THENCE SOUTH 64°33’42” EAST, 86.47 FEET; THENCE NORTH 57°20’51” EAST, 93.85
FEET; THENCE NORTH 22°57’20” EAST, 22.30 FEET; THENCE NORTH 25°46’44” EAST, 83.38 FEET TO THE
BEGINNING A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 112.03 FEET, A
RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 16°34’02” WEST; THENCE
NORTHWESTERLY, AN ARC LENGTH OF 136.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 69°40’26”; THENCE NORTH 36°53‘36” EAST, 31.57 FEET; THENCE NORTH 28°29’48” EAST, 55.87 FEET TO
THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 24.00 1FEET; THENCE
NORTHEASTERLY, AN ARC LENGTH OF 10.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 23°57’14” TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING.
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
DOCUMENTARY TRANSFER TAX $_______________________
__________ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
__________ OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBERANCES REMAINING AT TIME OF SALE
, SO. CAL. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX, FIRM NAME
APPROVED
BY __________ DATE _____/_____/_______
PROJECT: VALLEY IVYGLEN
SERVICE ORDER: 801882275
V&LM FILE NUMBER: ACQ203741726
SCE DOCUMENT NUMBER: 523250
SERIAL NUMBER: 72795A
LOCATION: City of Lake Elsinore
APN: 389-020-056-3
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF
LAKE ELSINORE, a California municipal corporation, hereinafter referred to as “Grantor”, does hereby
grant to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter referred to as
“Grantee”, a temporary, non-exclusive easement for construction-related purposes (“Temporary Construction
Easement”) in, over, under and across those portions of real property located in the City of Lake Elsinore or
County of Riverside, State of California, and more particularly described in Exhibit “C” attached hereto and by
this reference made a part hereof.
Those parcels legally described in the attached Exhibit “A” and depicted in the attached Exhibit “B”, as
said Exhibits are incorporated herein by this reference (collectively, the “Easement Areas”).
1. Use of the Easement Areas. Use of the Easement Areas, and exercise of the easement rights granted herein,
shall be limited solely to those activities which are related to and necessary for Grantee’s development and
installation of electrical generation, transmission and/or distribution facilities (and improvements related
thereto collectively, the “Utility Facilities”) on properties that are located adjacent and/or proximate to the
Easement Areas. Specifically, during the Term of this Temporary Construction Easement (as defined below),
Grantee shall have the following rights relative to the Easement Areas:
a. The right to enter upon and pass and repass over and along the Easement Areas for the construction,
reconstruction, enlargement, repair and maintenance of such improvements as are required for, or
otherwise necessitated by, Grantee’s development and installation of the Utility Facilities.
b. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions
of the Easement Areas for purposes of facilitating the development and installation of the Utility Facilities.
c. The right to store, maintain and operate on the Easement Areas such equipment, tools, machinery,
inventory, implements and other materials as are necessary or convenient in connection with Grantee’s
development and installation of the Utility Facilities.
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
SERIAL NUMBER: 72795A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
d. The right to install, operate, maintain and replace on, over, under and within the Easement Areas such
temporary poles, footings, lines and other improvements as are necessary or convenient in connection
with Grantee’s development and installation of the Utility Facilities.
2. Term of Temporary Construction Easement. The Temporary Construction Easement shall continue for a
period of thirty (30) days. Construction within the Temporary Construction Easement Area shall
commence seven (7) days after written notice is given prior to the start of construction, and shall terminate
on the earliest of (a) the date upon which Grantee notifies Grantor that it no longer needs the Temporary
Construction Easement, (b) thirty (30) days from the commencement date of the Temporary Construction
Easement, or (c) December 31, 2022 (“Expiration Date”).
3. Use of Gates; Removal of Materials Impeding the Easement. Grantee shall have the right to use gates in
all of Grantor’s fences which presently or hereafter cross the Easement Areas, and to remove, trim, cut
and clear away any trees and brush within the Easement Areas (and relocate any other materials situated,
placed or appearing within the Easement Areas) whenever in Grantee’s reasonable judgment the same
shall be necessary for the convenient and safe exercise of the rights granted hereby.
4. Obligation to Restore Easement Areas. After completion of any work performed by Grantee or its agents,
contractors or employees which disturbs the surface of the Easement Areas, Grantee shall, at its sole cost
and expense, restore the surface of such area as close as reasonably possible to its original character (as
existing/measured at the time of the Effective Date of this Temporary Construction Easement, but
specifically excluding the obligation to replace/replant any trees or shrubs that have been trimmed in
connection with the provisions of Section 3, above, provided that such tree or shrub remains alive and
viable to grow).
5. Obligation to Obtain Applicable Approvals. Prior to engaging in any activity upon the Easement Areas,
Grantee shall, at its sole cost and expense, apply for and obtain all applicable permits, authorizations,
licenses and approvals (collectively, “Approvals”) which are or may be required from anybody, agency,
or department with jurisdiction over the Easement Areas.
6. Rights Retained by Grantor. The easement rights acquired by Grantee pursuant to this instrument are
acquired subject to the right of Grantor, its successors and assigns to use the surface and subsurface of the
land within the Easement Areas to the extent that such use is compatible and does not unreasonably
interfere with the full and free exercise of the Temporary Construction Easement by Grantee.
7. General Provisions.
a. Covenants Running with the Land. Grantee and Grantor acknowledge and agree that the rights
conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that
run with the land and shall inure to the benefit of and be binding upon the parties and th eir respective
Grantees, heirs, successors and assigns.
b. Authorized Representative. Each individual signing on behalf of a party to this Temporary
Construction Easement states that he or she is the duly authorized representative of the signing party
and that his or her signature on this Temporary Construction Easement has been duly authorized by,
and creates the binding and enforceable obligation of, the party on whose behalf the representative is
signing.
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
SERIAL NUMBER: 72795A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
c. Attorney’s Fees. In the event of any dispute between the parties regarding the enforcement or effect
of this Temporary Construction Easement, the non-prevailing party in any such dispute shall pay the
prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither part y
wholly prevails, the court may apportion the costs or fees as the court deems appropriate.
d. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to
execute such other documents and to perform such other acts as may be reasonably necessary or
desirable to further the expressed and intent purpose of this Temporary Construction Easement.
EXECUTED this day of , 20____.
The City of Lake Elsinore, a California
municipal corporation
By: ________________________________________
Name: ______________________________________
Its: ________________________________________
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
SERIAL NUMBER: 72795A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
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
On _______________________before me, , a 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.
Signature _______________________________
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
SERIAL NUMBER: 72795A
PROJECT: VALLEY IVYGLEN
V&LM FILE NO.: ACQ203741726
EXHIBIT “C”
LEGAL DESCRIPTION
LANDS OF THE GRANTOR
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
LOT 1 AS SHOWN ON TRACT NO. 28214 -4, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 396, PAGES 3 THROUGH 7, INCLUSIVE, OF MAPS, OFFICIAL
RECORDS, EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS FOLLOWS:
PARCEL A:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 4 AS SHOWN ON SAID MAP THENCE ALONG THE
SOUTHWESTERLY PROLONGATION OF THE SOUTH EASTERLY LINE OF SAID LOT 4, SOUTH 21°00’21” WEST, 8.01 FEET
TO A POINT ON A LINE THAT IS PARALLEL WITH AND 8.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES,
FROM THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE LEAVING SAID SOUTHWESTERLY PROLONGATION OF
SAID SOUTHEASTERLY LINE, ALONG SAID PARALLEL LINE, NORTH 66°16’07” WEST, 95.32 FEET TO A POINT ON THE
SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY
ALONG SAID LAST MENTIONED SOUTHWESTERLY PROLONGATION, NORTH 22°40’30” EAST 8.00 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, SOUTH
66° 16’07” EAST, 95.09 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1, THENCE ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 1, SOUTH 26° 12’ 12” WEST 66.06 1ET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHEASTERLY LINE, SOUTH 26° 12’ 12” WEST 779.80 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF
WAY OF ALDERWOOD CIRCLE AS SHOWN ON TRACT NO. 28214-5, OF MAP RECORDED IN BOOK 403, PAGES 36
THROUGH 43, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING A POINT ON
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 65.00 FEET A RADIAL LINE TO SAID POINT BEARS NO RTH 6°
33’ 40” WEST; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY, SOUTHWESTERLY AN ARC LENGTH OF 65.00
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45° 49’ 52”; THENCE LEAVING SAID SOUTHEASTERLY
LINE ON A NON-TANGENT LINE NORTH 52°23’32” WEST, 45.87 FEET; THENCE NORTH 21° 12’ 08” WEST 46.90 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE
NORTHERLY, AN ARC LENGTH OF 75.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°25’48”;
THENCE NORTH 34° 13’ 40” EAST 63.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY,
HAVING A RADIUS OF 42.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 40.84 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 55°42’54”; THENCE NORTH 21° 29’ 14” WEST 100.49 FEET TO THE BEG INNING OF A
TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH
OF 66.14 FEET ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 48°34’55”; THENCE NORTH 27°05’41” EAST, 113.05
FEET; THENCE SOUTH 64°33’42” EAST, 86.47 FEET; THENCE NORTH 57°20’51” EAST, 93.85 FEET; THENCE NORTH
22°57’20” EAST, 22.30 FEET; THENCE NORTH 25°46’44” EAST, 83.38 FEET TO THE BEGINNING A NON -TANGENT CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 112.03 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEAR S
SOUTH 16°34’02” WEST; THENCE NORTHWESTERLY, AN ARC LENGTH OF 136.23 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 69°40’26”; THENCE NORTH 36°53‘36” EAST, 31.57 FEET; THENCE NORTH 28°29’48”
EAST, 55.87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEAS TERLY HAVING A RADIUS OF 24.00 1FEET;
THENCE NORTHEASTERLY, AN ARC LENGTH OF 10.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23°57’14” TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING.
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"/LAKE STNICHOLAS RD
4765441E
4765442E
4765443E
4765444E
4133320E
4765440E
4765445E
4133321E
389-020-056
Location: C:\Users\ekeethe\Desktop\Appraisal Maps_Geodatabase\vig_app_map\AD_vig_appraisals_draft_SEG5_ek20210528.mxd Map Date: 5/28/2021
VIG PARCEL ACQUISITION(S)
APN:389-020-056
1 in = 100 ft
0 50 100 150 200
Feet
I
CITY OF LAKE ELSINORE
Map Features
Parcel Boun dary
Previous Transmission Line Easement
Proposed Impact
Tempo rary Co nstruction Easement, 30047 Sqft
Tra nsmission Line Easement, 83 Sqft
SEG MENT 5
SERIAL N UMBER: 72 481A, 72795 A