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Home My WebLink About2005-0029666Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. Recording requested by and when recorded mail to: NORTH PEAK PARTNERS, L.P. 20272 Carrey Road Walnut, CA 91789 DOC a 2005-0029666 01/12/2005 08:008 Fee:25.00 Page 1 of 7 Recorded in Official Records County of Riverside Rssessor, Country Clerk & Recorder IIII III II VIII I II IIII I IIII VIII I II APN: 347-420-020 (old) 347-420-028(new) TRA: M S U PAGE SIZE DA PCOR NOCOR SMF MISC, A R L COPY LONG REFUND NCHG E%PM EASEMENT DEED 1V6 NCUMENINVY r/+f- No CDM6[D&R#'-n1or[ MC FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERIC P. REYNOLDS, an individual, as Grantor, hereby grants) to NORTH PEAK PARTNERS, L.P., a California limited partnership, its successors and assigns, as Grantee, a perpetual, non-exclusive easement, in gross (the "Easement"), for the purposes set forth in Paragraph 1 below and upon the other terms and conditions set forth in this Easement Deed, in, on, over, under, across and through the real property described on Exhibit A attached hereto and made a part hereof and as shown on Exhibit B attached hereto and made a part hereof (the "Land"). Grantor further agrees as follows: Grantor hereby gran ts to Grantee the Easement for the following purposes �TiTlt�� (a) For the purpose of constructing, installing, grading, maintaining, repairing, operating and using the Land for roadway purposes, including, without limitation, (i) pedestrian and vehicular ingress, egress, access, passage and traffic upon, over, across and through the Land; and (ii) the construction, installation, maintenance, repair, operation, replacement, relocation and removal of improvements, systems, structures, and facilities related to such roadway. (b) �1�i1U1�1.�I For such other uses incidental to the foregoing purposes and uses, including the right to enter the Land from Nichols/Existing EI Toro Road frontage and Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. the adjacent five (5) feet to the easement property area for temporary construction, transitional grading in connection with the foregoing purposes and uses. 2. Grantee has no knowledge of any facts which would render title to the Easement herein granted defective or unmarketable. However, in the event title to said Easement proves defective or unmarketable for any reason whatsoever, then in that event this Easement Deed shall not be binding on either party hereto and Grantor shall not be liable to Grantee for any loss or damages arising out of or connected directly or indirectly with said defective or unmarketable title. 3. Nothing in this Easement Deed shall be deemed to constitute a gift, grant or dedication of any portion of the Land to the general public or for any public purpose, other than the purposes set forth in this Easement Deed; provided, however, that Grantee and its successors and assigns) shall have the right to extend the benefit of any of the Easement to any governmental authority (including, without limitation, the City of Lake Elsinore and/or the County of Riverside), public body and/or utility company, but such grant shall be subject to the terms and conditions hereof. 4. It is intended that the Easement granted herein shall be construed as a covenant which runs with the Land and is enforceable against both Grantor and the Land, as the servient tenement. This Easement Deed shall be binding upon and inure to the benefit of Grantor and Grantee and their respective successors and assigns. 5. Grantee agrees and does hereby indemnify and save Grantor harmless of and from liability to any person, persons, entities or corporation arising directly or indirectly from the use, occupation or improvement of the easement or easements herein conveyed or arising directly or indirectly from the exercise by Grantee and its successors and assigns of any of the rights conveyed herein. 6. If there should at any time be common ownership of the Easement and the Land, or any estate therein, then there shall be no merger of the Easement into the fee simple estate in the Land. 7. Grantor agrees to execute, acknowledge AA 1; er any other and furt her documents, instruments and agrees, and shall take any other and further actions as may be reasonably necessary or proper in order to accomplish the intent and purposes of this Easement Deed, Dated: September 1, 2004 ERIC P. REYNOLDS, an ' dividual 2 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. ACKNOWLEDGEMENT STATE OF CALIFORNIA: COUNTY OF Tiver5icje, On 2004, before me,, L no ` i / 1 5 a Notary Public, personally appeared fti c P• evnol S *Fg �e or proved to me on tht basis of satisfactory evidence) to be the person( whose name(4 is/a*ubscribed to the within instrument, and acknowledged to me that he/sj%/thk executed the same in his/h�tdho(r authorized capacity(i* and that by his/h)<sL eksignature(Von the instrument the person (*or the entity upon behalf of which the person(4acted, executed the instrument. WITNESS my hand and official seal �/ Signature fY J� (This area for official notary seal) Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. EXHIBIT "A" LEGAL DESCRIPTION ROAD EASEMENT APN 347-420-028 THAT PORTION OF LOTS 31, 33, 35 AND 37 OF BLOCK 9 AS SHOWN ON MUTUAL BENEFIT TRACT ON FILE IN MAP BOOK 8 AT PAGE 80 RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 30 T5S, R4W, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS (NORTH 44°30'11" WEST AND HAVING A DISTANCE OF 28.00 FEET PER INSTRUMENT NO. 223993 RECORDED MAY 245 1999, OFFICIAL RECORDS OF SAID COUNTY); THENCE CONTINUING ALONG SAID LINE NORTH 44°30'11" WEST, A DISTANCE OF 2.00 TO THE TRUE POINT OF BEGINNING; THENCE, DEPARTING SAID LINE NORTH 45°29'49" WEST, A DISTANCE OF 5.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 162.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 27.27 FEET THROUGH A CENTRAL ANGLE OF 9°3837 TO A POINT ON THE EAST LINE OF LOT G AS SHOWN ON SAID MB 8/803 A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 5400848" WEST; THENCE, ALONG SAID EAST LINE NORTH 00°46'46" EAST, A DISTANCE OF 50.36 FEET TO THE BEGINNING OF ANON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 138.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 71°10'34" EAST; THENCE, DEPARTING SAID EAST LINE AND ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 64.24 FEET THROUGH A CENTRAL ANGLE OF 26°40'23; THENCE, TANGENT TO SAID CURVE SOUTH 450 29'49" EAST, A DISTANCE OF 5.81 FEET TO A POINT ON THAT CERTAIN COURSE DESCRIBED AS (NORTH 44°30'11" WEST AND HAVING A DISTANCE OF 28.00 FEET PER INSTRUMENT NO. 223993 RECORDED MAY 24, 1999, OFFICIAL RECORDS OF SAID COUNTY); THENCE, ALONG SAID LINE, SOUTH 44°30'11" WEST, A DISTANCE OF 24.00 FEET TO THE TRUE POINT OF BEGINNING; P��310"8-OO�U�cV�"I19999-3i]-i2P(120 RD.doc Page 1 of 2 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. DESCRIBED PARCEL CONTAINING 1,188.88 SQUARE FEET AND AS SHOWN ON ATTACHED EXHIBIT "B". P:�i 148 0�\d�c�i'1] 1999934"1-42P020 RD �Yvc Prepared under the supervision of: � Date 9 /Uu Lawrence D. Talbot, L.S. #6301 Expires 09/30/06 THE KEITH COMPANIES 22690 Cactus Avenue, Suite 300 Moreno Valley, CA 92553 (909) 697-8300 Page 2 of 2 Documents provided by DataTree LLC via it's proprietary imaqinq and delivery system. Copvriqht 2003, All rights reserved. EXHIBIT "B" SHEET 1 of 1 MAP TO ACCOMPANY OFFER OF DEDICATION ROAD EASEMENT APN 347-420-028 IV i SCALE: 1" = 20' �5777034_{y iRi S54'08'ao _�� The Keith Compa nlesi 88990 C"M Awns& Sh 909 i6mio VO&M CA 98669 jesw B99-9.800 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. NOTARY CLARITY In accordance with Government Code Section 27361. 7, I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Trina L. Dinis County where bond is filed: San Bernazdino County, California Commission Number: 1496559 Manufacturer/VendorNumber: NNA1 Expiration Date: June 26, 2008 Place of Execution: Riverside County, California Date of Execution: September 2, 2004 ORANGE C7OAST TITLE COMPANY — Christy Muni y, Sr. h1scrow O cer