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1981-0505_KINOSHITA PROPERTIES_Agreement
38762 RECQ =D'AT THE REQUEST OF, AND RETURN TO: RECORDING FEES EXEMPT DUE PTO 336 GOVERNMENT CODE SECTION 6103 CITY OF SAN JUAN CAPISTRANO CITY CLERK'S DEPARTMENT L�-- 32400 PASEO ADELANTO MARY ANN OVER, -CITY CLERK SAN JUAN CAPISTRANO, CA 92675 SAN JUAN-CAPISTRANO, CALIFORNIA AGREEMENT FOR ACQUISITION OF DRAINAGE EASEMENT - KINOSHITA PROPERTIES - CAMINO DEL AVION STORM DRAIN PHASE III THIS AGREEMENT for the acquisition of easements for the Del Avion Storm Drain, Phase III is made as of this 5th day of May 1981, by and between the City of San Juan Capistrano, hereinafter called "CITY", and Kinoshita Properties, a California Partnership, hereinafter called "OWNER." W I T N E S S E T H: WHEREAS, the CITY requires an easement for the construction and installation of a drainage facility over, under, and across a portion of OWNER'S property described in Exhibit A, attached hereto; and WHEREAS, OWNER is willing to grant easements for the construction, installation and maintenance of such drainage facility. NOW, THEREFORE IN CONSIDERATION of these premis_gs.CSTY" and OWNER agree as follows: 1. CITY shall, at its sole cost and expense, d©Mstrue C7 a drainage facility on OWNER'S property as shown on the plans and in the specifications for the Del Avion Storm Drain, Phase IfF, 2. OWNER shall grant to the CITY a perpetual easement for drainage purposes as described in Exhibit A. 3. OWNER shall grant to the CITY a temporary easement for storm drain construction purposes as described in Exhibit B for the period of construction. 4. CITY shall cause the contractor to restore the easement to the original grade, free of debris and construction materials. 5. CITY shall, upon execution of this agreement, pay the OWNER the sum of $30,000 as compensation for any and all crop loss and damage to the soil structure by construction activities. 6. CITY shall cause a temporary five (5) foot chain link fence to be erected during the period of construction, along the temporary easement. 7. The CITY shall cause the contractor to set the manholes at an elevation not to interfere with future operations of the OWNER. 8. CITY shall cause the contractor to place material excavated from the pipeline construction in a roadway area approximately 250 feet long and 10 feet wide to the satisfaction of the OWNER. 9. Upon completion of the project a three inch PVC water line shall be placed within the 15 foot permanent easement. 10. CITY shall cause the contractor to exercise diligence to protect all irrigation lines. 11. CITY shall cause its best efforts to insure that no shutdown is required in excess of 24 hours. -lllo AM JUL 28'81 Br, 14158 PC 337 12. Nothing herein contained shall prevent the OWNER from claiming injury or damages to his crops which may arise from lack of irrigation water caused by CITY. IN WITNESS whereof the parties hereto have executed this agreement as of the date first above written. CITY OF SAN JUAN CAPISTRANO �.�PHILLIf R. SCHWARTZE,t. RY ANPANOVtR; -CITY CLERK KINOSHITA PROPERTIES, a California Partnership APPROVED AS TO FORM: S S. OKAZAKI, Cl1IYATTORNEY -2- STATE OF California ss. COUNTY OF Orange OFFICIAL SEAL RUTH E MARQUARD O NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAY 23, 1984 IP ACKNOWLEDGMENT FORM STAIE Cr CI,JFO NIA, j COUNNTI' OF_ Orange City of San Juan Capistrano MR SEAL"•• 'ANOVER�:,�faLIF ORNiA�llNtt•'�_t%� APR 20, 1984 BK 14158PG 338 ON_ July 10 , 19-a—, before me, the undersigned, a Notary Public in and for said State, personally appeared SHIGERU KINQSHITA , known to me, to be one of the partners of the partnership that executed the within Instrument, and acknowl- edged to me that such partnership executed the same. WITNESS my hand and official seal. — Ruth E. ON_ July 21 19-&J—, before me, the undersigned, a Notary Public in and for the said Stale, persov.Ay appo3red Phillip R. Schwartze known to rrc to be the Mayor _ cfthe Cii� of San Juan Ca�islranQ Municipal th�cr;dion that executed _ the ; ilh;n tnstrunrent, L^o::n to m_ fi be the prrscrrs v;ho executed the mthin Instrum^nt, on behalf of 6m Corporation herein named, and ac:`:cw.:cdrud to me that such Corporation executed the within InstivilM pursuant to its byiaws or a resolulio:l of Its board of directors. WITNESS my hand and official seal. 41ATE Or C;11FCRNNA, SS - COUNTY OF ' Orange City of San Juan Capistrano x)FF1CtAN. SE]1984 Rl ITH E MARQLJA m NOIAP� 0- '10 If .'Af.I ORANGE COUNTY My comm. expires MAY „ ON Tiny 9T 19-1__, before me, the undersizned, a Notary Public in and for the said State, person3!ly appaared _Mary Ann Hanover , F,nu:vr la ma to bethc City Clerk ofthe City of San Juan Cal2isLiana Municipal_ _ _ the nrpu.,tion that executed the e;ilhn Instrument, t.no:vr. to m^ to bn the prrscns t;o executed the within Instruni^_nt, on bc!iM of ln:: Corporation herein mimed, and act,no.v!�dl;ed to me that such Corporation executed the l+lthin Instrument pursuant to its by;aws or a resolution of its board of directors. WITNESS my hand and oflicial seal. hotary Public In and tot Sni late. U Recorded at the request of, and return to: CITY CLERK'S OFFICE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 eK 14 15 8 PG 389 EXHIBIT "A" Project No. Project: Del Avion Stone Drain, Phase III Parcel No. 121-190-56 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for storm, drain purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: The westerly 15 feet of that portion of Sections 11 and 12, TBS, RBW, SBB&M, per OR 3032-156 as shown on Record of �. Survey 63=9, Miscellaneous Maps and Records of Orange County, California. — _. f� - co KINOSHrM PROPERTIES -- By ri IGERJ I (MITA Recorded at the request of, and return to: CITY CLERK'S OFFICE City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, California 92675 SK 14158PG 340 EXHIBIT "B" Project No. Project: Del Avian Storm Drain Phase III Parcel No. 121-190-56 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KINOSHITA PROPERTIES, a California Partnership r do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a easement and right of way for Storm drain construction purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: The westerly 35 feet of that porticn of Secticns 11 and 12 T8S, R8W, SBB&M per OR 3032-156 as shown on Record of Survey 63-9, Miscellaneous Maps and Records of Orange County, California. This easement will be considered vacated upon filing of a Notice of Catpleticn for the project with the County Recorder. 0 1 V •. I I W v ..,•.au 0 15- '1'�'H �1•� i A 0 R' Recorded at the request of, and return to: CITY CLERK'S OFFICE City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, California 92675 0 Documentary Transfer Tax - No Tax Due teary Ann�uanover, City Clerk San Juan Capistrano, California Project No. Camino Project: /Del Avion Storm Drain Phase III Parcel No. 121-190-56 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KINOSHITA PROPERTIES, a California Partnership do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a raz easement and right of way for Storm drain construction purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: The westerly 35 feet of that portion of Sections 11 and 12 T8S, R8W, SBB&M per OR 3032-156 as shown an Record of Survey 63-9, Miscellaneous Maps and +. Records of Orange County, California. This easement will be considered vacated upon filing of a Notice of Cmpletion for the project with the Comty Recorder. KIINOSHITA PROPERTIES a California Partnership SOMW KII30SHTTA, partner ! ag I Recorded at the request of, Documentary Transfer Tax - I and return to: No Tax Due CITY CLERK'S OFFICE City of San Juan Capistrano 32400 Pasco Adelanto 2 San Juan Capistrano, California 92675 Mary An¢l Hanover, City Clerk San JtrAn Capistrano, California Project No. Camino Project: /Del Avion Storm Drain, Phase III Parcel No. 121-190-56 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KINOSHITA PRDPER=, a California Partnership do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for storm drain purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: The westerly 15 feet of that portias of sections 11 and 12, TBS, RBW, SBBSM, per OR 3032-156 as shown on Record of Survey 63-9, Miscellaneous Maps and Records of Orange Cou city, California. KINOSHITA PRDPERTIM , a California Partnership Sf I(�IdJ K HTTA , partner