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Resolution Number 96-1-2-2RESOLUTION NO. 96-1-2-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE PLACEMENT OF A PORTION OF AN ELECTRICAL UTILITY FACILITY ON A PORTION OF A CITY PARK SITE LOCATED AT THE NORTHWEST CORNER OF SAN JUAN CREEK ROAD AND LA NOVIA AVENUE (ASSESSOR'S PARCEL NO. 666-011-021) WHEREAS, San Diego Gas and Electric has requested that the City grant an easement to place an electrical utility facility on a portion of the park site to provide electrical service to a well pump located on the park site and owned by the adjacent San Juan Hills Country Club; and, WHEREAS, the well, owned by San Juan Hills Country Club and located on the City park site, is granted the right to operate per the mandate contained in their deed documents; and, WHEREAS, the City is the title owner of the park site, located at the northwest comer of San Juan Creek Road and La Novia Avenue. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The City Council hereby grants the easement depicted on Exhibit 1 for the electrical utility facility to San Diego Gas and Electric Company. SECTION 2. The Mayor and City Clerk are hereby authorized to execute the Resolution and easement document. SECTION 3. The City Clerk is hereby directed to forward said easement to San Diego Gas and Electric Company. PASSED, APPROVED, AND ADOPTED this 2nd day of January , 1996. ATTEST: lr$ffio _ _�.�Z°��/ , MWE I =- 184 185 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. 96-1-2-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of January 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOUNSON, CITY CLERK -2- Recor6ing Requested by 186 San Diego Gas & Electric Company (EXHIBIT I ) When recorded, mail to: 'P.O. Box 1831 San Diego, CA 92112 Attn: Office Services, EB 5 SPACE ABOVE FOR RECORDER'S Project No.: 311818-010 Const. No.: 2482200 Transfer Tax N= APN No.: 666-011-21 SAN DIEGO GAS & ELECTRIC COMPANY CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation hereinafter called "Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "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 West Half of the Southeast Quarter of Section 6, Township 8 South, ' Range 7 West, San Bernardino Meridian as described in a Deed recorded June 8, 1992 at Recorder's File/Page No. 92.385528 of Official Records of said County of Orange. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed within said property on or before /)ece m k-e,4S/ , 199 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, 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 fillstcuts or other obstructions, except walls and fences. H:lA\N.dot..BAr 187 The legal description for this easement %Nas prepared by San Diego Gas g Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Prepared by Snyder Date 7-28-95 angie3l l818sj PUBLIC AGENCY ACKNOWLEDGMENT ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange City of San Juan Capistrano Rr before me Dated cJ Q YL t( L9 P-4 Z % f q� CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation BY: 44 �Ud TJ Pyarr HarV,mayor ATTEST: �510/hea City Clerk CAPACITY CLAIMED BY SIGNER ww4Wq Eor Rn oReEEurtxEwurEr �aRra. Mayor, City of T - ' SASS" MISS) (name, title of officer), San Juan Capistrano 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 ER•mElxn to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by rwsRu. = hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of — E^^R■� msRcr rRRwnwR ,+�. which the person(s) acted. executed the instrument. 9WSTEMI TRUST WITNESS my hand and official seal. _ cTRER 'T.E S, TTTIE61 ERTRISES, R1MESERTE4 Signature E.M11131 RE"6SE.TEU ..F'fftE!<tttEhffttfEttFflitF{-f!tlkltfflf{<fffttfFNNfftffff ElffMffllktfffltf4f4(-lf ttfffftff FflitfEflKttlfftffifklfffftFlffftffMflftflfkfffk� -ORM 117-a:$ U31