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10-0808_KANA PIPELINE, INC._Memo to FileMEMORANDUM January 18, 2012 TO: File FROM: Kristen Lewis, Administrative Specialist Refer to the Following files for information: 600.30 2010 Contract KANA PIPELINE, INC Domestic Waterline Imp. E13 & E14 (CIP 08803) NOC 2011000235295 Archive box # CC -11027 675.50 2011 Easement Deed WATKINS, MARK M. E-13 & E-14 Domestic Waterlines (CIP 08803) WE RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE 27383 & 6103 CITYOF SAN JUAN CAPISTRANO (spaoe above 9ft Mee for Recorders use) PROJECT NAME OR NUMBER: This Documen t lectronically recorded by County C Recorded In official Records, Orange County Tom Daly, Clerk -Recorder 1jjj HUMjUjWjUUOjUIISUUIjj U NO FEE 201100058545810:03am 11117111 217 Seco E017 0.00 0.00 0.00 0.00 1&00 0.00 0.00 0.00 E-13 & E-14 Domestic Waterlines, CIP 08803 Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 Marla Moms, City Clerk EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mark M. Watkins ("GRANTOR") does ' hereby grant to City of San Juan Capistrano, a Cal'rfomia municipal corporation ("GRANTEE"), a non-exclusive easement and right-of-way In, over, under, upon, along, through and across the real property, (Assessors Parcel Number 668-211-20), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on (sketch) Exhibit "B" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for Public Utilities and above or below ground appurtenances. Such easement can be used for Public Utility purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct reconstruct, remove, replace, renew, inspect, maintain, repair, Improve, relocate, fill or re -grade, and otherwise use Public Utility facili ies; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. 110111CUMMM MOC 1 tweatC....01..- W.U. 4 f►«...niw- C -..w- —Srs .A A.... Y The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the easement area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. 3. Place upon the easement area any trees or plant material that would interfere with the Installation and maintenance of public utility facilities. Upon completion of the Installation, maintenance, or repair of any public utility facility, Grantee shall return the affected easement area to the condition in which it existed prior to the installation, maintenance, or repair. Grantee also agrees to remedy any material soil settlement within the easement area to the extent that said settlement results from the existence of any public utility facility installed by Grantee. GRANTOR Mark M. Watkins P.O. Box 242 Laguna Beach, CA 92652 By: A&�' Name, Title /-2 -'Y- Z Date Signed ATTEST: (A@aoh ANNUP se AdoaaiwtedQement) A State of California Counly of _Riyt r51 de On MLA!jdolD before me, Mfl• &IaOssu Pu6hc. pe sonally appeared Mark M • a� k �h S' who proved to me on the basis of satisfactory evidence to be the person(;) whose name(e) Islay subscribed to the within Instrument ,and acknowledged to me that ef. K. sFtAOssA he/sheANW executed the same in hisFAmMisir authorized CenvNulenL t90AIEl caP�Y�), and thud by hlsll mMok signature(*) on the Notary Pubik- calforMa Instrument the person(a)j, or the entity upon behalf of alwnide County 'which the person(c) acted, executed the Instrument Came. Ea inn yet le 7aq I oertHy under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true, and correct. WITNESS my hand and oof�f dell seal. - Signature PNa NeNry 90tl Kan dpupw (NWryPV.Yo OPTIONAL Though me Nbmurtlon below is not ru WWmd bylaw, a nroypmve maaw v to persona rvtyrna on me docutrom end muM pmusrd hyudWerrn mmovel endmeWMmvmol We, brtn b enamor dacumerK Description of Attached Title or type of Document _ Signer(s) OtherThan Named Above: Claimed by Signer(s) India deme: 0 Individual ❑ Corporate Officer—Tsle(s): — ❑ Partner — ❑Umiled El General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. of Pages: oZ Signers Name: - 0 IncMdual ❑ Corporate OtBcer—TIUe(s): _ ❑ Partner —❑ Umtied ❑ General ❑ Attorney. In Fact Signer Is Representing: I 'I Signer Is CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain Easement Deed attached hereto from the Mark M. Watkins to the City of San Juan Capistrano is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE ,City of San Juan Capistrano men P. Brust City Manager 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 15 2011 before me, Maria Morris, City Clerk, personally Appeared Karen P. Brust, City Manager, who proved to me on the basis of satisfactory evidence to the be 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, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY pamgrgph is true and correct. (SEAL) Capacity Claimed by Signers City Manager Title Signer is Representing City of San Juan Capistrano IJ laws of the State of California that the foregoing official seal. Maria OPTIONAL Description of Attached Document Title or Type of Document Easement Deed Mark M. Watkins (Grantor) APN 668-211-20 Date of Document: December 4, 2010 Number of Pages: 7 Coast Surnying. Inc. Oanhcr 23.2010 EXHIBIT *A" EASEMENT A STRIP OF LAND 20 FEET WIDE OVER THAT PORTION OF THE NORTHERLY 59.1/2 ACRES OF THAT PART OF THE PRYOR HOMESTEAD TRACT IN RANCHO BOCA DE LA PLAYA, AS SHOWN ON A MAP RECORDED JUNE 29,1887 IN BOOK 4, PAGES 118 AND 119 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, WHICH WAS ALLOTTED TO ROSA A. DE PRYOR BY FINAL DECREE OF PARTITION RENDERED IN CASE NO. 1210 IN THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA, IN THE CITY OF SAN JUAN CAPISTRANO. COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID LAND ALSO BEING DESCRIBED IN THE GRANT DEED TO MARK M. WATKINS, RECORDED AUGUST 14, 2007 AS INSTRUMENT NO. 2007000506726, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 149 OF TRACT NO. 5657, AS PER MAP RECORDED IN BOOK 336, PAGES 13 THROUGH 17, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID ORANGE COUNTY RECORDER, SAID POINT ALSO BEING AN ANGLE POINT IN THE NORTHERLY LINE OF LOT B OF TRACT NO. 9637 AS PER MAP RECORDED 1N BOOK 434, PAGES 1 THROUGH 9, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID ORANGE COUNTY RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID LOT B AND THE NORTHERLY LINE OF SAID TRACT NO. 9637, SOUTH 79009'23" EAST 48.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 11°15'09" EAST 298.77 FEET TO THE SOUTHERLY LINE OF ALIPAZ STREET, ALSO BEING THE SOUTHEASTERLY LINE OF SAID TRACT NO. 5657. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN SAID NORTHERLY LINE OF SAID TRACT NO. 9637 AND NORTHERLY IN SAID SOUTHEASTERLY LINE OF SAID TRACT NO. 5657. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS &1 DAY OF OCTOBER, 2010. o GWEN-VERA DEL CASTILLO. PLS 5108 u'r► LS. 5108 5A. )N IWX113 nater eafcnxnt I'agc I at t 'ONI a av y in Oil OVA n r� 1, 11 1 1 ,LL486Z 3.,60sGULN Z , og* 3„£Z,60.6LS t •0Zti1 •01 y1 1� z 61K 1091 3ONV1SIO DNIHV38 .01 1 , 1, 1 1 ! led1a � 1 1 ti � � 1 O ;b 1 QQ 10q� 6 U _r a� N y n r� 'RESOLUTION NO. 0"",5-01 • A RESOLUTION 'OFgHE'CITY, COUNCIL-OF'THE CITY -OF SAN • ' • JUAN. CAPISTFtANO; •CALIFORNIA.ALJfH0RIZING•-'PHE• CITY MANAGER TO ACCEPT INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY. THF. CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES: 1. The City Manager Is authorized to accept interests In real property and to execute and record a certificate of acceptance and such other legal notices as may be required by the Office of the County Recorder and as may be approved by the City Attorney as may be necessary or appropriate to evidence acceptance of the said properly interests on behalf of the City of San Juan Capistrano. 2. The City Clerk Is authorized to record with the Office of the County Recorder the certificate of acceptance and such other documents referred to In Section 1 above for recordation purposes only. PASSED, APPROVED AND ADOPTED this a day of May, 2009. /001*0 IR,NIELSEN, M YOR 1 "-2009 • STATE DF CALIFORNIA ' } COUNTY OF ORANGE CITY OF SAN'JUAN• CAPISTRANO l; MARGARET R. MONAHAN, appoiritdd' City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 09.05.05.01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the a day of May 2009, by the following vote: AYES:- COUNCIL ,MEMBERS: AllevatD, Freese, Hdbar, Uso and Mayor MEMBER: None MEMBER: None City 2 s-5-2009