1971-1201_CALIF DEPT OF PARKS & RECREATION_Agreement & Grant of Easement AGREEMENT AND GRANT OF EASEMENT
THIS AGREEMENT made and entered into this First Day of December, 1971
by and between the STATE OF CALIFORNIA, acting through the Department of Parks
and Recreation, hereinafter called "STATE!', and the City of San Juan Capistrano,
hereinafter called "GRANTEE", and Dana Point Sanitary District, hereinafter
called "DISTRICT";
W I T N E S S E T H:
That STATE, inconsideration of the sum of $250 and pursuant to the provision of
Section 5012 0£ the Public Resources Code, does hereby grant unto GRANTEF an
easement for a sewer pipeline within and buried at least two feet beneath a strip
of land in the County of Orange, State of California, 15 feet in width, lying
7.50 feet on each side of the following described centerline:
Commencing at the most northerly corner of the lands described
in a deed to the State of California recorded January 9, 1951 in
Book 2126, Page 10, Official Records of Orange County, California,
said corner being in the easterly line of Del Obispo Street, 100
feet wide, thence South 42044'46" West 65.35 feet to a point in the
easterly line of Del Obispo Street, 100 feet wide and the true beginning
of the centerline of this EASEMENT: thence South 3°40139" West 456.15
feet to the westerly line of the Dana Point Sanitary District 30 foot
right of way easement described in Book 4322, Page 164, Official
Records of Orange County, California. The side lines of said 15 foot
strip of land shall be extended or shortened as required to terminate
in the westerly line of said easement and in the easterly line of Del
Obispo Street as shown in Book 32, Page 3S of Parcel Maps, County of
Orange, California.
Area: 0.157 Acres
Said strip of lard is shown on a plat attached marked "Exhibit "A".
.his grant is madc ..nd accepted upon the follo::ing terms and conditi,..._.
1. This grant is subject to all valid and existing contracts, leases, licenses,
encumbrances and claims of title which may affect said property and the use of the
word "grant" herein shall not be construed as a covenant against the existence of
any thereof.
2. GRANTEE hereby waives all claims and recourse against the STATE including
the right to contribution for loss or damage to persons or property arising, from,
growing out of or in any tray connected :+ith or incident to this agreement except
claims arising from the concurrent or soic negli,;ence of STATE , its officers, a��nts
and employees.
EXHIBIT "A"
GRANTEE shall indemnify, hold harmless, and defend STATE, its officers,
agents and employees against any and all claims, demands, damages, costs, expenses
or liability costs arising out of the acquisition, development, construction,
operation or maintenance of the property described herein except for liability
arising out of the concurrent or sole negligency of STATE, its officers, agents or
employees which claims, demands or causes of action arise under Government Code
Section 895.2 or otherwise.
In the event STATE is named as co-defendant under the provisions of the
Government Code Sections 895 et seq. , the GRANTEE shall notify STATE of such fact
and shall represent STATE in such legal action unless STATE undertakes to represent
itself as co-defendant in such legal action in which event STATE shall bear its
own litigation costs, expenses and attorney's fees.
In the event judgment is entered against STATE and GRANTEE because of the
concurrent negligency of STATE and GRANTEE, their officers, agents or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
3. STATE expressly reserves the right to the use of said property in any
manner, provided such use does not unreasonably interfere with the use of the
easement herein granted.
4. STATE expressly reserves the right to require GRANTEE at the expense of
STATE, to remove and relocate all improvements placed by GRANTEE within the easement
upon determination by STATE that said improvements interfere with the future develop-
ment of STATE'S property. GRANTEE agrees that within one hundred eighty (180) days
after written notice from STATE of such determination by STATE and demand for removal
and relocation of said improvements, GRANTEE shall remove and relocate said improve-
ments to a feasible location on the property of the STATE, and STATE shall furnish
GRANTEE with a good and sufficient similar easement for said improvements in such
new location, and GRANTEE thereupon shall reconvey to STATE the easement herein granted.
5. This agreement and the rights and privileges herein given GRANTEE shall
terminate in the event that GRANTEE shall fail for a continuous period of one (1)
year to utilize the rights and privileges herein granted.
6. In the event of the termination of this agreement GRANTEE shall, at GRANTEE'S
own expense, when requested in writing to do so by STATE, remove all property and
equipment placed by or for GRANTEE, upon the said premises and restore said premises
as nearly as possible to the same state and condition they were in prior to the entry
of GRANTEE upon said prer:ises; but if GRANTEE shall fail so to do within sixty (60)
days after the aforesaid request is given, STATE may do so, all at the cost and
expense of GRANTEE to be paid by GRANTEE on demand.
Upon termination of the rights herein granted, GRANTEE shall execute and
deliver ;to STATE within thirty (30) days, a good and sufficient quitclaim deed to
the rights arising hereunder.
7. This agreement shall not, nor shall any interest therein or thereunder, be
assigned, mortgaged, hypothecated or transferred by GRANTEE whether voluntarily or
involuntarily or by operation of law, nor shall GRANTEE let or sublet, or grant any
licenses or permits with respect to the use and occupancy of the said premises or any
portion thereof, witf?out the t,.ritten censent of STATE being first had and obtained.
• •
8. GRANTEE is further given the right of reasonable ingress to and egress from
the easement hereby granted, provided, however, that existing roads and trails shall
be utilized for such purpose whenever reasonably possible and further provided that
if such road or trail is not available, GRANTEE shall secure the consent of the STATE
as to the route or routes to be followed for the purpose of such ingress and egress.
Such right of ingress and egress shall at all times be exercised in a manner which
will cause the least damage to the property of the STATE.
9. Upon completion of any work to be performed by GRANTEE on said easement,
GRANTEE shall restore the surface of the easement to a condition satisfactory to the
STATE.
10. GRANTEE, in the exercise of the rights herein granted, shall at all times
comply with all applicable laws and lawful regulations, including such rules and
regulations for the State Park System now in effect or hereafter adopted.
11. Before any work for construction, repair, improvement or installation of
any structure or facility in said easement is commenced by or for GRANTEE, plans,
specifications and schedules for performance of such work shall be submitted to
STATE for approval. All such work shall be done only in accordance with such approved
plans, specifications and schedules. Upon completion of any such work, GRANTEE
shall restore the surface of the easement and replace any structure or facility
thereon to a condition equal to or better than the condition existing prior to
commencement of such work.
12. DISTRICT, in consideration of this grant to GRANTEE, agrees that in the
exercise of the easement granted under the agreement dated April 18, 1958, that no
additional structure or facility shall be installed in said easement granted April 18,
1958 except as otherwise contemplated by this agreement and that any repair, mainten-
ance or replacement of the existing pipeline in said easement granted April 18, 1958
shall be subject to the provisions of paragraph 11 of this agreement.
IN WITNESS WHEREOF, the parties have executed this instrument upon the
date first hereinabove appearing.
GRANTEE STATE OF CALIFORNIA
CITY OF SAN JUAN CAPISTRANO DEPARTA;ENT OF PARKS AND RECREATION
By
DANA POINT SANITARY I TRICT
By 0
BY ,� a c
.t�D'7DS�OLE
-o
9Ci •`
h DEL OBISPO STREET h
32 ns 2'
N42°49'46"E Q N47°5652E w
O
3 N4Z°44A6E 65.3 --���`
z3.ii< TRACT NO, 932
NAZ0/9 05'E 0 '+
62.58' •,,, E s_ $ MM. 29/18,19
5d
495.00' Ao
N3/ •
r N3/°29'S� E
--467.5 _
"A57.' 30'SEWER EASEMENT
DO H E NY STATE BEACH
476 0.R. 266
LOWRY ENGINEERING - SCIENCE CITY OF SAN JUAN CAPISTRANO
121 EAST WASHINGTON AVENUE OUTFALL SEWER EASEMENT
SANTA ANA, CALIFORNIA 92701