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Resolution Number CRA 01-2-20-1RESOLUTION NO. CRA 01-2- 20-1 ' OFFER OF ELECTRIC UTILITY EASEMENT - UNDERGROUND UTILITY DISTRICT 99-11CIP NO. 144 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENTAGENCY, OFFERINGAN EASEMENT FOR ELECTRIC UTILITIES TO SAN DIEGO GAS AND ELECTRIC COMPANY WITHIN LOT 5 OF ASSESSOR PARCEL NO. 124- 160-12 AND LOT 1 OF ASSESSOR PARCEL NO. 124-160-18 WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano is the fee title owner of Lot 5, Assessor Parcel No. 124-160-12 and Lot 1, Assessor Parcel No. 124-160-18; and, WHEREAS, Underground Utility District No. 99-1 was formed in November, 1999, for the conversion of existing overhead utilities to underground in the downtown area; and, WHEREAS, San Diego Gas and Electric is processing the conversion of overhead utilities for same. ' NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows: 1. The Community Redevelopment Agency hereby grants the attached easement for installation of new facilities as shown on Sheets 1 and 2 of Exhibit A, attached hereto and made a part hereof. 2. The Chairman of the Community Redevelopment Agency is hereby authorized to execute said easement. PASSED, APPROVED, AND ADOPTED this 20" day of February, 2001. J HN GREINER, CHAIRMAN ATTEST: /PIPE1i1 AGENCY .s se 025 026 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 01-2-20-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 20'h day of February, 2001, by the following vote: AYES: Directors Bathgate, Hart, Swerdlin, Gelff, and Chairman Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOMSOM, AGENCY SECRETARY -2- 027 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112 Attn: Records Center - CP 51 D SPACE ABOVE FOR RECORDER'S U Project No.: 701737-010 Const. No.: 2581130 Transfer Tax None A.P.N.: 124-160-12 & 18 SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, 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 described as follows: PARCEL "1": Lot 5 in Block 5 of San Juan Capistrano, according to Map filed in Book 3, Page 121 of Miscellaneous Maps, Records of said Los Angeles County, California. PARCEL "2": That portion of Lot I in Block 6 of the Town of San Juan Capistrano, according to Map filed in Book 5, Page 27 of Miscellaneous Maps, Records of said Orange County; described in a Deed recorded September 19, 1986 as Instrument No. 86-432165 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 utility facility, the approximate location being shown and delineated as "UTILITY FACILITIES"on the Exhibit "A", Sheets 1 and 2, attached hereto and made a part hereof s. land: data: dmmcguir: 701737-D, doc 9197 028 In order to provide adequate working area for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, plant any trees and/or shrubs within eight feet of the front of the door or hinged opening of any above ground structures installed within this easement. Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes. 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 fills/cuts or other obstructions, except walls and fences. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY Prepared by DMMcGuire Checked by: Date 10/11/00 slamfdala.'dmmcgutr: 701737-D.doc d 9197 029 STATE OF ) COUNTY OF )SS. On before me (name, title of officer), appeared ❑ personally known to me ❑ 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. WITNESS my hand and official seal. I Signature s: lard: data:dmmcguir: 701737-D.do 3 9197 030 y SAN JUAN CAPISTRANO LA MM 3-121 BLK 5 LOT -5 N Chi 124 y W 16 ununesFaaunEs OWNER: THE SAN JUAN CAPISTRANO 3 3421 TRANS PADS REDEVELOPMENT AGENCY U(Lr RECORDED 6-17-85 AS F/P 85-220417 O.R. e. ar-;�lq-w ;U( FU,PS'TE/P -ST 1 waLc THIS PLAT WAS PREPARED BY ME OR UNDER LAND SG MY DIRECnON /N CONFORMANCE WITH THE A. h 'PL LAND SURVEYORS ACT ON OCTOBER 17, 2000 G�i11 �O JN NO. 7178 * Exp. 12-31-03 q4 / FORK\ SCOTT A. HURST L.S 7178 DIE MY REGISTRATION EXPIRES 12/31/03 P.D.C. FILE: 1700-76.DWC EXHIBIT 'A' SDG&E JOB. P00002 1 74-001 SAN DIEGO GAS & ELECTRIC ORIGINATOR, SIS OK TO INSTALL, PROJECT NO. SAN DIEGO, CALIFORNIA 701737-010 SURVEYED BY, PDC/DLL R/W OK, HISTORIC TOWN CENTER 20A CONV CONST. NO. DRAWN BY, DATE, EL CAMIN❑ REAL PDC/SDM 2581130 DATE, THOS. BROS. DRAWING NO. Y❑RBA TO F❑RSTER 10-17-2000 OC972-C1 SCALE NONE SAN JUAN CAPISTRANO NO. SUPPLEMENTS DAT£+ BY APP'D r, -r \ <-- u 031 YMA'9R ST —}— �xrs�nu� Hiro - �uttz KftM.D N 3vzi aac►n X Tx/rvs�aPsf� Q° fACJUT/fS �w�+trWAY OWNE.P: T//E .SAN J/LAN G9P/ST.i'AAld COA�LIN/lY ��L4�3N61/Ihl"aEiVCy TDAIN ©F SRN -WN 6AP/STTAND /V/H 5-27 R&le^' 6 CONST. NO.: Z5B//390 PROJECT NO.: 70/737'4016 LLG ZZEC P/C THOS. BROS.: c"Z'LI PROJECT NAME&LLO/C�/ATTIOO���##s�N{��yy DRAWN BY: -DMM OK TO INSTALL: DRAW WG NO: ��4' �L /a/Hi//AY' C`.LQ-�+///Zll ZDi7 LD{Y �L/1 >�[�J7/KAI' w -7&AN ,CAP/ /)IQ DATE: 1--210-101 R/W OK: SCALE: NONE JOB TYPE: COORDINATES REFERENCES: EXHIBIT"A" (SHEET 2 OF 2) 032 STATE OF CALIFORNIA )- COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with CRA Resolution No. 98-12-15-2, and on the 22nd day of February, 2001, 1 caused to be posted: RESOLUTION NO. CRA 01-2-20-1 , being OFFER OF ELECTRIC UTILITY EASEMENT - UNDERGROUND UTILITY DISTRICT 99-1/CIP NO. 144 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, OFFERINGAN EASEMENT FOR ELECTRIC UTILITIES TO SAN DIEGO GAS AND ELECTRIC COMPANY WITHIN LOT 5 OF ASSESSOR PARCEL NO. 124- 160-12 AND LOT 1 OF ASSESSOR PARCEL NO. 124-160-18 in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception area, Orange County Public Library. CHECK LIST RES. NO. CRA61-2 -ZD^ / Chairman has signed —�^— Secretary has signed -�L Agency Seal stamped Z All blanks typed in "Absent" 1;�" "Noes" a "Abstain" Gam—• Copies sent to post file -/a 70.50 mail certified 2f Ake nc r f3 Legal Publication ordered to be published (date) No. Printed copies required Remarks Cheryl Johns6i, A06ncy Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California -3-