Resolution Number 95-6-20-2n
RESOLUTION NO. 95-6-20-2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT TO THE
CAPISTRANO VALLEY WATER DISTRICT FOR WATER TRANSMISSION
LINES WITHIN SAN JUAN CREEK EAST OF ROUTE 5, WEST OF LA NOVIA
AVENUE
WHEREAS, the City of San Juan Capistrano is the fee title owner of San Juan Creek;
M
WHEREAS, the Capistrano Valley Water District has requested the City grant an
easement for installation of water transmission lines within said property.
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 an easement to the Capistrano
Valley Water District for water transmission lines within San Juan Creek east of Route 5, west of La
Novia. Said easement is included herein as Attachment A.
SECTION 2. The Mayor and City Clerk are hereby authorized to execute said
easement.
SECTION 3. The City Clerk is hereby directed to forward said easement to
the Capistrano Valley Water District. The Capistrano Valley Water District will forward the
easement to the Orange County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this 20th day of
June 11995.
CAROLYN NASH, MAYOR
ATTEST:
CITY CLEIWC
-1-
358
359
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.
95-6-20-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 20th day of June 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNS014, CITY CLERK
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RECORDED AT THE REQUEST OF AND RETURN TO:
CAPISTRANO VALLEY WATER DISTRICT
' 32450 Passo Adelanto
San Juan Capistrano, CA 92675
PROJECT NAME OR NUMBER:
REPLACEMENT OF THE 8 -INCH
AND 12 -INCH PIPES CROSSING
SAN JUAN CREEK
360
EASEMENT DEED
ATTACHMENT "A"
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Documentary Transfer Tax
No Tax Due
RECORDING REQUESTED PER
GOVERNMENT CODE, SEC. 6103
Ann Scott, Board Clerk
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SAN JUAN CAPISTRANO 1"GRANTOR')
does hereby grant to Capistrano Valley Water District, a public corporation 1"GRANTEE"), a perpetual,
non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real
property, described as Lot 32 of Tract No. 103, assessors parcel number 666-011-05, 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 water transmission 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 regrade, and otherwise use water pipelines
and facilities; to deposit tools, implements and other materials during said work, together with such
connections, structures and facilities incidental thereto.
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 proposes which do not burden the rights
herein granted, and provided further that Grantor, its successors and assigns shall not, without the
prior written consent of the Capistrano Valley Water District:
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.
1of2
361
ATTEST:
"GRANTOR"
IA"wh Al4Vv Atka Wdpwn"rl CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA, 92675
BY:
Signature
Title
BY:
Signature
Title
2 of 2
J
ROBERT REIN, WILLIAM FROST & ASSOCIATES
14725 Alton Parkway
Irvine, California 92718
February 13, 1995
JN 30489.L16
Page 1 of 1
LEGAL DESCRIPTION
CAPISTRANO VALLEY WATER DISTRICT
WATER LINE EASEMENT WITHIN
SAN JUAN CREEK
That certain parcel of land situated in the City of San Juan Capistrano, County
of Orange, State of California, being that portion of Lot 32 of Tract No. 103 as
shown on a map thereof filed in Book 11, Pages 29 through 33 of Miscellaneous
Maps in the Office of the County Recorder of said Orange County, included within
a strip of land 20.00 feet wide the southwesterly line of which is described as
f0iiows:
BEGINNING at the northwesterly terminus of that certain course described as
"South 39051'08" East 272.07 feet" in the southwesterly line of Parcel No. G.A.
904-118.01 in a document recorded April 4, 1966 in Book 7889, Page 990 of
Official Records in said Office of the Orange County Recorder; thence along the
northwesterly prolongation of said course North 39051'08" West 485.57 feet.
EXCEPTING THEREFROM that portion included within Parcel 2 as described in a Grant
Deed recorded December 29, 1994 as Instrument No. 94-0739984 of Official Records
in said Office of the Orange County Recorder.
EXHIBIT "B"•attached and by this reference made a part hereof.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
Kevin D. McHug Jr., P.L.S. 6310
EXHIBIT "A"
362
363
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'�� 5AN JUAN GRE=K
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No. 94-07"V4 O.5CAL,E: ICC
N 5AN JUANy GREEK
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
CAPISTRANO VALLEY WATER DISTRICT
WATER LINE EASEMENT WITHIN 1w
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SHEET I OF I SHEET