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Resolution Number 95-9-19-401 RESOLUTIONNO. GRANTING EASEMENT TO SAN DIEGO S & ELECTRIC • ..TS PARK : •_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR ELECTRIC AND COMMUNICATION FACILITY PURPOSES WITHIN THE SPORTS PARK RECREATION COMPLEX WHEREAS, the City is the title owner of the Sports Park Recreation Complex, Assessor's Parcel No. 121-190-56; and, WHEREAS, San Diego Gas & Electric has requested the granting of an easement to install electric and communication facilities to serve the Sports Park Recreation Complex. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: The City Council hereby grants the attached easement (Exhibit A) for electric and I communications facilities to San Diego Gas & Electric. SECTION 2. The Mayor and City Clerk are hereby authorized to execute this Resolution and the attached easement. "" I I•rki" The City Clerk is hereby directed to forward said easement to San Diego Gas & Electric; said utility will forward the easement to the Orange County Recorder. PASSED, APPROVED, AND ADOPTED this 19th day of September , 1995. CAROLYN MASH, MAYOR ATTEST: -I- 018 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 95-9-19-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 19th day of September 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO SO ITY CLERK -2- twcoramg tcequesteu oy San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company ' P.O. Box San Diego,, CA 92112 Attn: Office Services, EB 5 Project No.: 311029-020 Const. No.: 2480991 APN No.: 121-190-56 EXHIBIT A 019 Transfer Tax N= SAN DIEGO GAS & ELECTRIC COMPANY CITY OF SAN JUAN CAPISTRANO, a Municipal Agency hereinafter called "Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, "Grantee", an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: (1) Underground electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of Orange, State of California. That portion of the East 60 Acres of the land surveyed and shown on a Map filed on March 6, 1963 at Book 63, page 9 of record of survey, Maps of said County of Orange, as described in a ' Deed recorded March 6, 1991 at Recorder's File/Page No. 91=100335 of Official Records. The said easement in the aforesaid land shall be 10.00 feet in width, the centerline of which shall be the centerline of the facilities as installed on Grantor's property, the approximate location being shown and delineated on SDG&E Construction Order No. 2480991 sheets 1 through 4. Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, Grantee shall notify Grantor prior to any topping, cutting, removing or trimming of any interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fills/cuts or other obstructions, except walls and fences. H:Ut\D4.dot.BA1 020 The legal description for this easement was prepared by ,an ulegu Ud company pursuant to Section 8730 of the Business and Professions Code, State of California. Prepared by SNYDER Date 05-11-95 e�qL �'dR A6WOWLEUGUNT State of County of City of San Juan Capistrano On before me, Dated THE CITY OF SAN JUAN CAPISTRANO, Municipal corporation By:/fl/ �c (%� /�✓FC� Carolyn Nash, Mayor ATTEST: BY� f�V� a/*'N3zra ity Clerk' (name, title of officer), personally appeared ❑ personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A WITNESS my hand and official seal. Signature CAPACITY CLAIMED BY SIGNER ❑ mnxd aIO/IMOOOOOMOELMOEOq M 12 cream Mayor rRnn SRIIQI City of San Juan Cap. wenn ❑ MAIEOOI� ❑ , M.■. OSMCS MONYONI ❑ nwlmm MYS! E.i IKSOEMSSEYIEO ENM YOE SPA EMESExf14