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Home My WebLink About2005-0029667Documents 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 APN 347-420-020 S (old) PAGE 347-420-025,026, DA 028 (new) DOC a 2005-0029667 01/12/2005 08:00a Fee:31.00 Page 1 of 9 Recorded in Official Records County of Riverside assessor, County Clerk & Recorder VIII IIIIIII III IIIII IIII I IIIIII IIII III IIII 1111 1111 M S U PAGE SIZE DA POOR NOCOR SMF MISC. A R L LORD REFUND MEMORANDUM OF AGREEMENT OF RIGHT OF WAY/ PERMISSION TO GRADE - RIGHT OF ENTRY MC THIS MEMORANDUM OF AGREEMENT OF RIGHT OF WAY /PERMISSION TO GRADE - RIGHT OF ENTRY (this "Memorandum') is made as of this;"day of, Ln 2004, by and between ERIC P. REYNOLDS, an individual ("Grantor"), and NORTH PEAK PARTNERS, L.P., a California limited partnership ("Grantee"), with respect to the following: 1. Purpose of Memorandum. This Memorandum is prepared for recordation in the Official Records of the RIVERSIDE County Recorder's Office with the purpose and intent to give notice to third parties of Grantee's and Grantor's rights and obligations in connection with the acquisition of certain easements and/or rights to the real property, as more particularly described on Exhibit "1" attached hereto, relating to the intended improvement of Nichols Road, pursuant to the terms and conditions as set forth in that c rtai Right of Way /Permission to Grade - Right of Entry, dated as of which remains in full force and effect, by and between Gr nt r and Grantee, a copy of which is attached hereto as Exhibit "2" and by this reference made a part hereof. 2. Counterparts. This Memorandum may be executed and recorded in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the date and year first written above. (signnhrees begin on next page] -1- Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. "Grantor' ERIC R REYNOLDS, Windividual ACKNOWLEDGEMENT STATE OF CALIFORNIA: COUNTY OF RIVERSIDE e ; n,%L L. Do r%;S 2rn r 1 _ OnSePf6 A , 2004, before me, 71;'W , a Notary Public, personally appeared Firi G P • CUMIdSnapponall kPowft4omnw4or proved to me on the basis of satisfactory evidence) to be the person(l.whose nameQQ is/apCsubscribed to the within instrument, and acknowled ed to me that he/sly [,K executed the same in hisl*tlpkr authorized capacity(iiO4 and that by his/l$Jd signature*on the instrument the person(% or the entity upon behalf of which the persontiacted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) (signatures continue on next page] -2- Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. "Grantee" NORTH PEAK PARTNERS, L.P., a California limited partnership By: Riverside Management, Ltd. a California corporation, Its general partner By: l Joseph C. Y. e g, Vice President ACKNOWLEDGEMENT STATE OF CALIFORNIA: -�" COUNTY OFitib'£R6FBE L Yl ZIXI.rM1 C�- On LIS , 2004, before me, to r Yj y r(iLID I \ a Notary Public, personally appeared \ . e personally known to me (or proved to me on the basis of satisfactory evidence) to bet 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. If COMM. 0146 3 ' `"FyNOTARYFUSMOCAUMM SAN BERNARDINO COUNTY •IA Signature (This area for offi cial notary seal) -3- Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. EXHIBIT 1 Legal Description of the Real Property APN: 347-420-020 (old), 347-420-025 (new) Lots 27,28,29,30,31,32,33,34,35,36,37,38,39 & 40 Block 11 in Mutual Benefit Tract, as per plat recorded in Book 8 of Maps, Page 80, and record's of Riverside County, State of California. Together with those portions of lot G in said tract that would normally pass by operation of law. Except there from all oil, gas, minerals or other hydro carbon substances below a depth of 500 Feet from the surface of said land, without the right of surface entry to recover the same, except in deeds recorded September 15, 1977 as Instrument numbered 180610 and 180611 of official records. APN: 347-420-020 (old), 347-420-026 & 28 (new) Lots 27, 28, 29 ,30,31,32,33,34,35,36,37,38,39 & 40 Block 9 in Mutual Benefit Tract, as per plat recorded in Book 8 of Maps, Page 80, and record's of Riverside County, State of California. Together with those portions of lot G in said tract that would normally pass by operation of law. Except there from all oil, gas, minerals or other hydro carbon substances below a depth of 500 Feet from the surface of said land, without the right of surface entry to recover the same, except in deeds recorded September 15, 1977 as Instrument numbered 180610 and 180611 of official records. EXHIBIT 2 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. EXHIBIT 2 Right of Way / Permission to Grade - Right of Entry See attached page(s). EXHIBIT 2 Documents provided by Data -Tree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. RIGHT OF WAY / PERMISSION TO GRADE - RIGHT OF ENTRY Project: Nichols / El Toro Road Improvements County of Riverside, City of Lake Elsinore Assessor Parcel Nurn ers:(347-420-020, old) 347-420-025, 026, 028 New I , Eric P. Reynolds, the undersigned, hereby state that I am the legal owner of the above referenced vacant property located on EI Toro Road, in Lake Elsinore, CA. I also state that I have seen and received a copy of the construction drawings for Nichols EI Toro Rd. Improvements, which propose construction of said property consisting of: I. Roadway grading, cut and fill slopes and graded /concrete swales; and 2. Drainage improvements including culverts, rip rap and related grading. The proposed construction has been shown on the construction drawings -Dated 7/13/04 and was explained to me. I hereby give my consent and permission for the Right of Entry onto the above -identified property to perforin the above stated construction. This permission shall continue in force only until the above -identified work has been completed and a Notice of Completion is issued on this project. It is expressly understood that upon completion of the work, this Right of Entry is terminated and said property will be left in a neat and orderly condition. I hereby give my consent also that I will not at any time block or divert any drainage into or out of the proposed drainage facility as shown on the Plans. North Peak Partners, L.P., A California Limited Partnership or assigns (hereinafter called "NPP") and its designees, agents, employees, contractors and authorized representatives agrees to defend and hold harmless the property and the undersigned owner thereof from any liability or responsibility to any third party for any accident, loss or damage to persons or property, happening or occurring as the proximate result of any of the entry, inspection or any operation performed as a result of such entry and inspections. Notwithstanding the foregoing, the right of entry shall expire and NPP's duty to defend and hold harmless the property and the owner shall terminate upon completion of proposed work indicated above. Eric P. Reynolds Signed: Date: Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. ACKNOWLEDGEMENT STATE OF CALIFORNIA: COUNTY OF RIVERSIDE On ,4 2004, before me,�rrj /I o. L n i S a Notary Public, personally appeared C lfel4nalef3 to me on the asis of satisfactory evidence) to be the persongrvhose nameo4is/a ubscribed to the within instrument, and acknowledged to me that he/sth �executed the same in his/hpCltl�r authorized capacity(iy�, and that by his r tsignature(kon the instrument the person( or the enfiity__ upon behalf of which he personA cted, executed the instrument. WITNESS my hand and official seal. (-This area for official notary seal) 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: Terry Brown County where on is filed: an Bernardino County, California Commission Number: 1462675 ManufacturerNendorNumber: MGC1 Expiration Date: January 13, 2008 Place of Execution: San Bernardino County, California Date of Execution: September 15, 2004 ORANGE COAST TITLE COMPANY Christy MU dy, Sr. hscrow Q cer 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 Bernardino County, California Commission Number: 1496559 Manufacturer/VendorNumber: NNAl Expiration Date: June 26, 2008 Place of Execution: Riverside County, California Date of Execution: September 2, 2004 ORANGE COAST TITLE COMPANY By: Christy Mu ey, Sr. Escro fficer