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Resolution Number CRA 95-9-19-1RESOLUTION NO. CRA 95-9-19-1 ,: ► wxm 310131cmamm"Cla DImolualX61130 10 tua(sic Im I I 1 1 I al LN.J 31 1 I IJ f.11, A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, GRANTING AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITIES TO PACIFIC BELL TELEPHONE COMPANY WITHIN LOT 25 OF TRACT 103, SAN JUAN CAPISTRANO (UNDERGROUND UTILITY DISTRICT 95-1) WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano is the fee title owner of Lot 25 of Tract 103; and, WHEREAS, the codes of the City of San Juan Capistrano require all utility services located within certain redeveloped properties to be installed underground; and, WHEREAS, Pacific Bell Telephone Company has requested from the Community Redevelopment Agency a ten -foot -wide easement along the northerly side of Lot 25 of Tract 103 in order to convert its overhead communication facilities to underground and to provide telephone service to an adjacent Lot No. 26 of Tract 103. 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 (Attachment A) for the underground communication facilities. 2. The Chairman of the Community Redevelopment Agency and the Agency Secretary are hereby authorized to execute said easement. 3. The Agency Secretary is directed to forward said easement to Pacific Bell Telephone Company. Said utility company will forward the easement to the Orange County Recorder's Office. PASSED, APPROVED, AND ADOPTED this 19th day of September , 1995. DAVID SWERbUN, CHAIRMAN ATTEST: AGEVCY ' -1- 201. ;oz 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 95-9-19-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 19th day of September , 1995, by the following vote: AYES: Directors Jones, Hart, Nash, Campbell and Chairman Swerdlin NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOWSON,AGENCYSECRETARY -2- 203 RECORDED AT REQUEST OF: I CF0057-1(11-79) I I WHEN RECORDED RETURN TO: I Pacific Bell Right of Way Office I NO DOCUMENTARY TRANSFER TAX DUE. 3939 E. Coronado St., 1st Floor Anaheim, California 92807 I BY PACIFIC BELL AGENT Capistrano Valley Tract No. 103 LE(33)7112R Page 1 of 3 .orae GRANT OF EASEMENT The undersigned Grantor(s) hereby grant(s) to Pacific Bell, Grantee, its successors and assigns an easement to construct and maintain (place, operate, inspect, repair, replace and remove) such aerial and underground communication facilities as Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, conduits, manholes, handholes and aboveground markers, pedestals, terminal equipment cabinets, other associated electrical conductors and necessary fixtures and appurtenances in, over, under and upon that certain real property in the City of San Juan Capistrano, County of Orange, State of California, described as: Lot 25 of Tract No. 103, as shown on map recorded in Book 11, Pages 29 to 33 inclusive, Miscellaneous Maps, Records of Orange County. The above-described easement shall be located on the following portions of said property: The Northerly Ten Feet of Lot 25. SEE PAGE 2 Attachment " A " god PACIFIC BELL Page 2 of 3 LE(33)7112R This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor covenants for himself, his successors and assigns not to place or maintain any building or structure on said easement. Grantor also grant(s) to Grantee the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities. Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein. Executed this /ice' day of19� SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BY -1: JZo J 0(-'9,10.4-d 1j n No /J0-lk— SEE PAGE 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) F.1 91 II ; 1 1 1� 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. CRA 83-12-20-1 and on the 21st day of September 1995, I caused to be posted: RESOLUTION NO. CRA 95-9-19-1 being A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, GRANTING AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITIES TO PACIFIC BELL TELEPHONE COMPANY WITHIN LOT 25 OF TRACT 103, SAN JUAN CAPISTRANO (UNDERGROUND UTILITY DISTRICT 95-1) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CI-IECK LIST Rr_S. NO. CRA 9S- 4-i9 J ✓- Chairman has signed J,,�� Secretary has signed -Agency Seal stamped All blanks typed in "Absent" 4r.L^ "Noes" "Abstain" Copies sent to post 3 file f.,170. -!So mail �_ certified Legal Publication ordered to be published (date) No. Printed copies required Remarks 2412"X&M��)Cheryl Johns (ncyncy Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California 20S