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10-0101_CA PASEO TIRADOR LLC_Temp Const Easment AgrAgreement for Temporary Construction Easement (ICE) Subject to the provisions of this Agreen- or Temporary Construction Easement (this "Agro meet"), the undersigned real property owner . , ("Grantor"), nercby grants the City of San Juan Capistrano, a Municipal Corporation (the "City"), its contractors, agents, representatives and permitted assigns the right to enter upon a portion of the property known as: Address: 27000 Calle Arroyo, San Jinn Capistrano, CA 92675 Assessor Parcel Number: 666-131-09 The legal description of the above-described property is attached as Exhibit "A" (the "Property"). The legal description of the portion of the Property subject to the temporary construction easement is shown on Exhibit "13" (the "Easernent Area"). Su.l?ject to the terms and conditions set forth in this Agreernent, Grantor agrees to grant to the City a temporary construction easement. Subject to the provisions of this Agreement, all matters shown by the public records and subject also to all applicable laws, ordinances and regulations, Grantor hereby grants to the City and its contractors (a) right of entry on the Easement Area for the purpose of constructing the temporary boring pit to install a water pipeline udder the I-5 freeway as shown oil the project plans for the City's Eastern Wells 1.6-irn.ch Vater Pipeline project, and (b) a non-exclusive right of pedestrian and vehicular ingress and egress over those portions of the Property necessary to access the Easement Area. Except as expressly set forth herei.n., no other easement, license, or other right is hereby granted to the City and the City shall not use the Easement Area for any purpose other than as expressly set forth herein. The City hereby acknowledges that Grantor does not make any representation or warranty to the City or any other person or entity respecting the duality, suitability or fitness of the Easement Area for the intended purpose. The City, upon completion of the work, shall restore the property to the condition that existed prior to the start of work covered under this Agreement. The City or its. contractor shall give Grantor not less than five (5) clays' prior written notice before commencing any activity in the Easement Area ("Commencement Notice"). The City shall be solely responsible for the payment of all costs and expenses of any hind or nature associated with its use of the Easement Area. The City covenants that the use of the Easement Area and the activitiespermitted hereby will be in compliance with all applicable laws, regulations and ordinances, -including, without li tnitation, all environmental laws, and the City and its contractors will use reasonable efforts to prevent disturbances to occupants, lessees and neighbors. All persons who enter the property and/or the Easement Area shall do so at their- own risk. The City and its contractors shall indemnify, defend and hold Grantor, and its affiliated entities, and cacti. of their respective members, managers, trustees, officers, directors, agents and employees and its lender (collectively, the "lnder nifzed Parties") harmless from any and all liability for bodily injury, death and property damage arising out of or in any -way connected with the City's entry on and use of the Property and/or the Easement Area, and reimburse Ind.enanitied. Panties for all costs, expenses andloss, including attorney's fees, incurred by any of the Indemnified :Parties in consec lake of any claims, demands and causes of action/ which.may be made or brought against any of the Indemnified Parties arising out of the City's or its contractors, agents, representatives or employees entry on and/or use of the Property or the Easement Area. Grantor reserves the right to (a) establish and grant non-exclusive easeanerats over, across and under the Easement Area and (b) male any use of the land surface and airspace above the Easement Arca; provided that the exercise of any such reserved rights shall not materially impair the City's use of the :Easement, Area and rights granted to the City under this Agreement. The teraras, conditions, covenants, and agreements set forth shall apply to and bindthe heirs, executors, administrators, assigns, and successors of the parties hereto; provided, however, that the City shall not transfer or assign its rights hereunder without the prior written consent of Grantor. THIS AGREEMENT contains the entire agreement between the parties and neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 2010 and as scat forth hereinabove. eA Po -pea TimA6'r U -G Mailing Address of Grantor GRANTOR ,%y. t1X1 t Ass aL A 28 .Attn: t.> a A BY: ITS: - Mailing- Address of City City of San Juan Capistrano 32400 Masco Adelanto Sana Juan Capistrano, CA. 92675 CITY CITY OF SAM JUAN CAPISTRANO, a Muaxicii3al Corporatio_o BY: ITS,; Liens. Grantee shall cause any and all mechanic's liens or other liens that arise from any use or occupancy of the Easement Area or any other portion of the Property by Grantee and are filed against the Property (collectively, the "Covered Mechanic's Liens") to be discharged of record (by furnishing a bond, paying funds into court to which the lien may attach instead of the Property, or otherwise) within thirty (30) days atter Grantee receives Notice that the applicable: Covered Mechanic's Lien has been fled against the Property. if Grantee shall fail or refuse to discharge any Covered Mechanic's liens within said thirty (30) day period, Grantor- may (but shall not be required to) cause said Covered Mechanic's Liens to be removed or vacated, by the filing of a bond or otherwise, and Grantee agrees to pay, on demand., all costs and expenses, including reasonable attorneys' fees, that Grantor- may incur by virtue of the removal of the Covered Mechanic's Liens. Grantee shall defend, indemnity and hold harmless Grantor from any and all Covered Mechanic's Liens or Grantee's failure to cause the carne to be removed or vacated within said thirty (30) clay period.. Condition of Easement Area. Grantee accepts the Easement Areas in its "as is" condition and Grantor has no obligation whatsoever to make any alterations, improvements, or repairs to the Property and/or the Easement Area. Insurance. (a) Grantee shall. require; all contractors or other persons engaged or employed by Grantee performing work on the Easement Area to rodemnify and hold Grantor harmless, substantially in accordance with the following clause: "The contractor hereby agrees to the fullest extent permitted by law to assume the entire responsibility and liability for and defense of and to pay, indemnify and hold harmless the Grantor against any loss, cost, expense, liability or damage and will hold each of them harmless from and pay any loss, cost, expense, liability or damage (including„ without limitation, Judgments, reasonable attorneys' fees, court costs, and. the cost of appellate proceedings), which the Grantor incurs because of injury to or death of any person or on account of damage to property, including loss of use thereof, or any other claim arising out of, in connection with, or as a consequence of the performance of the work by the contractor and/or any acts or omissions of the contractor or any of its officers, directors, employees, agents, subcontractors or anyone directly or indirectly employed by the contractor or anyone for whose acts the contractor may be liable as it relates to the scope of this contract, whether such injuries to persona or damage to property are due or claimed to be dace to any negligence of any of Grantor." (b) Grantee shall maintains in effect a policy of comprehensive general liability insurance insuring Grantee in connection with its use of the Easement Area, and such policy shall name Grantor, and any other party reasonably requested by Grantor, as an. additional insured. Such policy shall have limits of not less than $2,000,000 per occurrence, which limit shall be increased by Grantee at the reasonable request of Grantor in accordance with reasonable commercial practice, On or prior to the date of this Easement, Grantee shall provide Grantor with a certificate of insurance in compliance with this. Section [__J 3 Order Number: OSA-2383332 (18) Page Number: 11 Nam; A LEGAL DESCRIPTION Real property in the City of San Juan Capistrano, County of Orange, State of California, described as follows: PARCEL A: THAT PORTION OF LOT 31 OF TRACT NO. 103, AS PER MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED GENERALLY NORTHWESTERLY BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID LOT WITH THAT CERTAIN COURSE HAVING A BEARING AND DISTANCE OF SOUTH 240 40'4211 WEST 176.77 FEET, AS DESCRIBED IN DEED 41616 TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 8033, PAGE 776 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID COURSE, NORTH 240 40'42" EAST 29.80 FEET; THENCE NORTH 461, 16'10" EAST 96.51 FEET; THENCE NORTH 40° 50'28" WEST 73.04 FEET TO THE INTERSECTION THEREOF WITH A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5630.00 FEET; THENCE NORTHERLY ALONG SAID CURVE FROM A TANGENT WHICH BEARS NORTH 220 34' 55" EAST, THROUGH AN ANGLE OF 80 55' 42" , AN ARC DISTANCE OF 877.32 FEET; THENCE TANGENT TO SAID CURVE, NORTH 130 39` 13" EAST 166.46 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2750.00 FEET; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH AN ANGLE OF 3° 15' 22", AN ARC DISTANCE OF 156.28 FEET TO THE INTERSECTION THEREOF WITH THE NORTHERLY LINE OF SAID LOT. EXCEPT THAT PORTION THEREOF CONVEYED BY THE STATE OF CALIFORNIA BY DIRECTOR'S DEED D-2510 RECORDED IN BOOK 3441, PAGE 235 OF OFFICIAL RECORDS IN SAID OFFICE. ALSO EXCEPT FROM THAT PORTION OF SAID LAND DESCRIBED IN THE DEED RECORDED FEBRUARY 15, 1955 IN BOOK 2959, PAGE 307 OF OFFICIAL RECORDS, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE: RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LAND, AS RESERVED IN DEED FROM CARL L. STROSCHEIN AND OTHERS, RECORDED FEBRUARY 15, 1955 IN BOOK 2959, PAGE 307 OF OFFICIAL RECORDS. ALSO EXCEPT ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, NOT OTHERWISE RESERVED, THAT MAY BE WITHIN OR UNDER THE PARCEL OF First American Title Order Number: OSA-2383332 (18) Page Number: 12 LAND HEREINABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OR THE UPPER 500 FEET THEREOF, AS RESERVED IN THE DEED FROM THE STATE OF CALIFORNIA, RECORDED IN BOOK 11244, PAGE 1165 OF OFFICIAL RECORDS. PARCEL B: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 130, PAGE 27 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREIN -ABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, RECORDED IN BOOK 4110, PAGE 525 OF OFFICIAL RECORDS. PARCEL C: BEGINNING AT THE NORTHEAST CORNER OF LOT 32 OF TRACT NO. 103, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29, 30, 31, 32 AND 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; RUNNING THENCE NORTH 00 29' WEST 237.46 FEET; THENCE NORTH 890 30' WEST 183.46 FEET; THENCE SOUTH 011 29' EAST 237.46 FEET; THENCE SOUTH 890 30' EAST 183.46 FEET TO THE POINT OF BEGINNING CONTAINING 1 ACRE, MORE OR LESS. EXCEPTING THEREFROM ANY PORTION INCLUDED WITHIN THE FOLLOWING: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 6, TOWNSHIP 8 SOUTH, RANGE 7 WEST, S. B. B. & M,, WITH THE SOUTHEASTERLY LINE OF MISSION TRACT NO. 5, WHICH POINT IS DISTANT SOUTH 890 30' EAST 279,13 FEET FROM THE SOUTHWEST CORNER OF THE ABOVE MENTIONED SECTION 6; RUNNING THENCE NORTH 390 57' EAST 9.07 FEET ALONG THE SOUTHEASTERLY LINE OF SAID MISSION TRACT NO, 5; THENCE LEAVING THE EAST LINE OF MISSION TRACT NO. 5 AND RUNNING SOUTH 890 03' EAST 895.12 FEEL" TO A LARGE WILLOW TREE ON THE SOUTH LINE OF THE ABOVE MENTIONED SECTION 6; THENCE NORTH 890 30' WEST 900.85 FEET ALONG THE SOUTH LINE OF SAID SECTION 6, TO THE POINT OF BEGINNING. APN: 666-131.-07 and 666-131-09 and 666-131-13 and 666-131-14 and 666-131-15 and 666- 131-16 First American title � 3 ll_1Ld v Ln Q Ld U) YI cr uj >� U3 0 LO4 AM ooro l © lr` �'•�. `/' f ' Nfv. ca Li_ OF— LLI I T _ t f.-44 _ 42 _ '� \41 p {p t olz I r LL Cf) IV Awl L IL 3 1.7vo: `X .A cm LJ v �m s E z ,o U LLJ cc uj xIlk - s �j ai r wf�+G.:.e'rrt peace, :. v. • FREwA a, �• tb: