05-0701_DEPT OF HIGHTWAY PATROL, CALIF_Amd to Right of Entry PermitRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Recorded in Official Records, Orange County
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200A17 1 106886 08:08am 09/19/05
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This Space for Recorder's Use Only
Title of Document: Amendment to Right of Entry Permit/CA Dept of Highway Patrol
T�
RECORDING REFERENCE: The original Right of Entry Permit is attached to be
recorded with the Amendment to Right of Entry Permit. The original Right of Entry
Permit was not previously recorded.
AMENDMENT TO
RIGHT OF ENTRY PERMIT
Agency: CA Dept of Highway Patrol
Project: Capistrano Area Office
File: TR03 057-E
This AMENDMENT TO RIGHT OF ENTRY PERMIT is made and entered into this �I) day of
101 2005, between the STATE OF CALIFORNIA, acting by and through its Director of the
Det of General Services, with the approval of the California Department of Highway Patrol,
hereinafter called State, and the CITY OF SAN JUAN CAPISTRANO, its officers, employees, agents
and contractors, hereinafter called Permittee.
WHEREAS, State and Permittee executed a Right Of Entry Permit on April 1, 2005, allowing
Permittee to install an underground pipeline for public storm water drainage across a portion
of 32951 Camino Capistrano, City of San Juan Capistrano, County of Orange, California; and,
WHEREAS, said Permit term ends on June 30, 2005; and,
WHEREAS, Permittee requires additional time to complete construction objectives; and,
WHEREAS, it is mutually intended that said Permit term be extended for three (3) months.
NOW, THEREFORE, State, in consideration of the sum of $3,100.00, receipt of which is
acknowledged, and Permittee hereby amend that Right Of Entry Permit, the first two pages of which
are attached hereto as Exhibit "A", as follows: the term ending date as set forth in provision 4 shall
be September 30, 2005.
Except as amended hereinabove, all of the terms and conditions of said Permit shall remain in full
force and effect.
STATE OF CALIFORNIA
Department of General Services
APPROVFD-
CITY OF SAN JUAN CAPISTRANO
By: SQ,,� —s
Title:
By:
Title:
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On August 19, 2005 before me, Mitzi Ortiz, Deputy City Clerk, personally appeared Sam Shoucair,
Senior Engineer and Wyatt Hart, Mayor, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacity, and that by their signatures on the instrument the person, or the entity upon
behalf of which the persons acted, executed the instrument.
Capacity Claimed by Signers
Senior Engineer and Mayor
Title
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
MitA Ortibgeputy City Cl,, c
OPTIONAL
Description of Attached Document
Amendment to Right of Entry Permit
Title or Type of Document
July 1, 2005
Date of Document
None
Signer(s) Other Than Named Above
EXHIBIT "A"
Agency: CA Dept of Highway Patrol
RIGHT OF ENTRY PERMIT Project: Capistrano Area Office
File: TR03 057-E
This RIGHT OF ENTRY PERMIT is made and entered into this it i day of i Loci ; 2ef
between the STATE OF CALIFORNIA, acting by and through its Director of the epartment of General
Services, with the approval of the California Department of Highway Patrol, hereinafter called State,
and the CITY OF SAN JUAN CAPISTRANO, its officers, employees, agents and contractors,
hereinafter called Permittee.
State hereby gives permission to Permittee to enter upon that real'property within 32951 Camino
Capistrano, City of San Juan Capistrano, County of Orange, as outlined in red on the attached
Exhibit "A" for the purpose of constructing an underground pipeline for public storm water drainage.
This Right of Entry is subject to the following terms and conditions:
1. This Right of Entry is subject to existing contracts, leases, licenses, encumbrances and claims
which may affect said real property.
2. Permittee waives all claim against State, its officers, agents and employees, for loss or damage
caused by, arising out of, or in any way connected with the exercise of this Right of Entry, and
Permittee agrees to save harmless, indemnify, and defend State, its officers, agents and employees
from any and all loss, damage or liability which may be suffered or incurred by State, its officers,
agents and employees caused by, arising out of, or in any way connected with exercise by
Permittee of the rights hereby granted, except those arising out of the sole negligence of State.
3. State reserves the right to use said real property in any manner, provided such use does not
unreasonably interfere with Permittee's rights herein.
4. This Right of Entry shall only be for the period beginning April 1, 2005, and ending June 30, 2005.
5. Permittee shall execute and return to State, prior to May 1, 2005, a permanent Agreement and
Grant of Easement substantially as shown on the attached Exhibit "B". State shall thereafter, and
prior to June 30, 2005, execute and provide Permittee with said Agreement. Permittee shall
promptly record said Agreement and provide State with two complete, legible copies of the
recorded instrument.
6. Access to said real property shall be from Camino Capistrano, the abutting public road, and/or
adjoining lands of others, and not from State's remainder property.
7. Prior to any entry upon said real property for any of the purposes hereinabove set forth, Permittee
shall notify State by written or oral notice to the authorities in charge of Capistrano Area Office, a
state law enforcement facility.
8. In making any excavation on said real property, Permittee shall make the same in such manner as
will cause the least injury to the surface of the ground around such excavation, and shall replace
the earth so removed by it and restore the surface of the ground and any improvement thereon to
as near the same condition as they were prior to such excavation as is practicable.
PAGE 1 OF 2 PAGES
EXHIBIT "A"
9. Upon breach by Permittee of security fencing and other such improvements within said real
property which provide security for Capistrano Area Office, Permittee shall immediately install such
temporary fencing and other improvements as deemed necessary by State to retain security for
Capistrano Area Office. Permitted shall maintain such temporary fencing and improvements until
completion of the restoration by Permittee of those improvements breached, at which time such
temporary fencing and improvements shall be removed.
STATE OF CALIFORNIA
Department of General Services
By:
Title: v;�w
APPROVED:
California Department of Highway
CITY OF SAN JUAN CAPISTRANO
By: / Cl
Title:
By:_
Title:
PAGE 2 OF 2 PAGES
Agency: CA Dept of Highway Patrol
RIGHT OF ENTRY PERMIT I Project: Capistrano Area Office
File: TR03 057-E
This RIGHT OF ENTRY PERMIT is made and entered into this /I-/— day ofV P99
between the STATE OF CALIFORNIA, acting by and through its Director of the apartment of General
Services, with the approval of the California Department of Highway Patrol, hereinafter called State,
and the CITY OF SAN JUAN CAPISTRANO, its officers, employees, agents and contractors,
hereinafter called Permittee.
State hereby gives permission to Permittee to enter upon that real property within 32951 Camino
Capistrano, City of San Juan Capistrano, County of Orange, as outlined in red on the attached
Exhibit "A" for the purpose of constructing an underground pipeline for public storm water drainage.
This Right of Entry is subject to the following terms and conditions:
1. This Right of Entry is subject to existing contracts, leases, licenses, encumbrances and claims
which may affect said real property.
2. Permittee waives all claim against State, its officers, agents and employees, for loss or damage
caused by, arising out of, or in any way connected with the exercise of this Right of Entry, and
Permittee agrees to save harmless, indemnify, and defend State, its officers, agents and employees
from any and all loss, damage or liability which may be suffered or incurred by State, its officers,
agents and employees caused by, arising out of, or in any way connected with exercise by
Permittee of the rights hereby granted, except those arising out of the sole negligence of State.
3. State reserves the right to use said real property in any manner, provided such use does not
unreasonably interfere with Permittee's rights herein.
4. This Right of Entry shall only be for the period beginning April 1, 2005, and ending June 30, 2005.
5. Permittee shall execute and return to State, prior to May 1, 2005, a permanent Agreement and
Grant of Easement substantially as shown on the attached Exhibit "B". State shall thereafter, and
prior to June 30, 2005, execute and provide Permittee with said Agreement. Permittee shall
promptly record said Agreement and provide State with two complete, legible copies of the
recorded instrument.
6. Access to said real property shall be from Camino Capistrano, the abutting public road, and/or
adjoining lands of others, and not from State's remainder property.
7. Prior to any entry upon said real property for any of the purposes hereinabove set forth, Permittee
shall notify State by written or oral notice to the authorities in charge of Capistrano Area Office, a
state law enforcement facility.
8. In making any excavation on said real property, Permittee shall make the same in such manner as
will cause the least injury to the surface of the ground around such excavation, and shall replace
the earth so removed by it and restore the surface of the ground and any improvement thereon to
as near the same condition as they were prior to such excavation as is practicable.
9. Upon breach by Permittee of security fencing and other such improvements within said real
property which provide security for Capistrano Area Office, Permittee shall immediately install such
temporary fencing and other improvements as deemed necessary by State to retain security for
Capistrano Area Office. Permitted shall maintain such temporary fencing and improvements until
completion of the restoration by Permittee of those improvements breached, at which time such
temporary fencing and improvements shall be removed.
STATE OF CALIFORNIA
Department of General Services
For .. / M2 _
APPROVED:
California Department of Highway Patrol
Till .
CITY OF SAN JUAN CAPISTRANO
By: 4�
Title:
Title:
WHEN RECORDED MAIL TO
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AGREEMENT AND GRANT OF EASEMENT
PUBLIC STORM WATER DRAINAGE
EXHIBIT "C"
Agency: California Dept of Highway Patrol
Project: Capistrano Area Office
File: TR03 057-E
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the STATE
OF CALIFORNIA, acting by and through its Director of the Department of General Services, hereinafter
called State, and the CITY OF SAN JUAN CAPISTRANO, hereinafter called Grantee.
State, pursuant to the provisions of Section 14666 of the Government Code of the State of California,
hereby grants unto Grantee, its successors and assigns forever, an easement to locate, relocate,
construct, reconstruct, alter, use, maintain, inspect, repair, replace and remove an underground pipeline
for public storm water drainage, together with appurtenant manholes and underground facilities deemed
necessary therefore by Grantee, over, on, under and across that certain real property situated in the
County of Orange, State of California, described as follows:
A strip of land of the uniform width of 20 feet, lying contiguous to and northeasterly of the
southwesterly boundary line of the parcel of land described in the Agreement for the Transfer of
Control and Possession of Land Owned by the Department of Transportation, State of California,
dated June 27, 1975 and recorded in Book 11500 of Official Records at Page 1107, Orange
County Records.
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT.
Dated
STATE OF CALIFORNIA
Department of General Services
By -
Title
APPROVED:
California Department of Highway Patrol
By -
Title
GRANTEE: CITY OF SAN JUAN CAPISTRANO
By -
Title
By -
Title
PROVIDED, this Grant of Easement is subject to the following terms and conditions:
1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused
by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to
protect, save harmless, indemnify, and defend State, its officers, agents and employees, from any and
all loss, damage or liability, including, without limitation, all legal fees, expert witness or consultant fees
and expenses related to the response to, settlement of, or defense of any claims or liability, which may
be suffered or incurred by State, its officers, agents and employees caused by, arising out of, or in any
way connected with exercise by Grantee of the rights hereby granted, except those arising out of the
sole negligence of State.
3. State reserves the right to use said real property in any manner, provided such use does not
unreasonably interfere with Grantee's rights hereunder.
4. State reserves the right to require Grantee, at State expense, to remove and relocate all improvements
placed by Grantee upon said real property, upon determination by State that the same interfere with
future development of State's property. Within 180 days after State's written notice and demand for
removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a
feasible location on the property of State, as designated by State, and State shall furnish Grantee with
an easement in such new location, on the same terms and conditions as herein stated, all without cost to
Grantee, and Grantee thereupon shall reconvey to State the easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of eighteen It 8) months
to use this Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith
upon service of written demand, deliver to State, at no cost to State, a Quitclaim Deed, to its right, title
and interest hereunder. Should Grantee fail or refuse to deliver said Quitclaim Deed, State may record,
in the Recorder's Office of the County in which said real property is located, a written notice reciting said
failure, and such recordation shall, after ten (10) days from the date of recordation of said notice, be
conclusive evidence of such termination against Grantee. Grantee shall, upon State request, without
cost to State, and within ninety (90) days from said State request, remove all property placed by or for
Grantee upon said real property and restore said premises as nearly as possible to the same condition
as they were in prior to the execution of this Easement. In the event Grantee should fail to restore said
premises in accordance with such request, State may do so at the risk of Grantee, and all costs of such
removal and restoration shall be paid by Grantee upon demand.
6. In making any excavation on said real property of State, Grantee shall make the same in such manner
as will cause the least injury to the surface of the ground around such excavation, and shall replace the
earth so removed by it and restore the surface of the ground and any improvement thereon to as near
the same condition as they were prior to such excavation as is practicable.
7. Grantee understands that this Easement is within Capistrano Area Office, a state law enforcement
facility, and Grantee agrees to contact the authorities in charge of said facility prior to any entry upon
said land and to abide by such regulations and restrictions for access as the authorities in charge of said
facility may impose.
8. This Easement occupies the same strip of land as that easement for underground sanitary sewer
pipeline granted by State to Grantee by document dated April 4, 1980 and recorded May 15, 1980 in
Book 13608 on Page 1028, Official Records of Orange County.
9. Grantee shall comply with the mitigation measures adopted for this project pursuant to the certified
Environmental Impact Report or Negative Declaration.
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On November 16, 2004 before me, Margaret R. Monahan, City Clerk personally appeared Nasser
Abbaszadeh. Engineering & Building Director, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
(SEAL)
Capacity Claimed by Signers
Engineering & Building Director
Title
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
Monahan, City Clerk
OPTIONAL
Description of Attached Document
Right of Entry
Title or Type of Document
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