Resolution Number CVWD 97-9-16-1we
RESOLUTION NO. CVWD 97-9-16-1
ACCEPTANCE OF AN EASEMENT FOR WATERLINE PURPOSES
WITHIN THE GLENDALE FEDERAL OPEN SPACE LANDS
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT, ACCEPTING AN EASEMENT FROM THE CITY
OF SAN JUAN CAPISTRANO FOR WATERLINE PURPOSES WITHIN OPEN
SPACE OWNED BY THE CITY OF SAN JUAN CAPISTRANO
WHEREAS, the City of San Juan Capistrano is the fee title owner of property
commonly known as the Glendale Federal Open Space; and,
WHEREAS, the Capistrano Valley Water District must relocate an existing water
transmission line which has been damaged by a slope failure within sand City Open Space; and,
WHEREAS, the Capistrano Valley Water District has requested the City Council
approve a revised easement within said open Space; and,
WHEREAS, the City Council of the City of San Juan Capistrano granted said
easement by approval of Resolution No. 97-9-2-2.
NOW, THEREFORE, BE IT RESOLVED, by the Capistrano Valley Water District
IBoard of Directors as follows:
SECTION 1.
The Board does hereby accept the subject easement, attached hereto as Exhibit 1, and
made a part hereof.
SECTION 2.
The City Clerk is hereby directed to forward the easement to the County Recorder.
PASSED, APPROVED, AND ADOPTED this 16th day of
September 1997.
ATTEST:
-1-
010
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.
97-9-16-1 adopted by the Capistrano Valley Water District Board of Directors at a
regular meeting thereof held on the 16th day of September 1997, by the
following vote:
AYES: Directors, Campbell, Greiner, Hart, Swerdlin
and Chairman Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOI&NS014, CITY CLERK
-2-
AT REQUEST OF AND
,RECORDED
WHEN RECORDED RETURN TO:
Capistrano Valley Water District
c/o City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Project: Waterline Easement within
City of San Juan Capistrano
Open Space Property
Parcel No.: AP #666-012-45
Documentary Transfer Tax -
No consideration - governmental
entity. Recording Requested Per
Government Code Section 6103
/s/ �h�ry / `Tra�ihsoh
' Cheryl Johns n, City Clerk
San Juan Capistrano, California
Easement Deed
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SAN JUAN CAPISTRANO ("GRANTOR")
does hereby grant to Capistrano Valley Water District, a public corporation ("GRANTEE"), a non-
exclusive easement and right-of-way in, over, under, upon, along, through and across the real
property, AP# 666-012-45, 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 re -
grade, 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.
I of 2
EXHIBIT 1
Oil
012
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 purposes 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:
1. 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.
"GRANTOR"
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(714)493-1171
Dated September 2, 1997 By: caz Ze�"t
DAVID M. SWERINLIN, MAYOR
ATTEST:
CHERYL J014?4SQA, CITY CLERK
2 of 2
EXHIBIT "A"
LAND DESCRIPTION
A STRIP OF LAND 20.00 FEET WIDE IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHERLY TERMINUS OF THE COURSE SHOWN AS "N 03011'29" W
484.94' " ON THE CENTERLINE OF VIA ENTRADA ON THE MAP OF TRACT NO. 13865 FILED
IN BOOK 679, PAGES 34-41 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE SOUTH 8048'53" WEST 1857.70 FEET TO THE TRUE
POINT OF BEGINNING THENCE SOUTH 35018'38" WEST 238.90 FEET.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO
COMMENCE AND TERMINATE AT THE SIDELINES OF THE 20 FOOT WIDE STRIP DESCRIBED
AS PARCEL NO. G. A. 904-89 IN THE EASEMENT DEED RECORDED IN BOOK 6914, PAGE 564
OF OFFICIAL RECORDS OF SAID COUNTY.
THE INTENT OF THIS DESCRIPTION IS TO LOCATE A NEW SECTION OF WATER PIPE THAT
REPLACES A FAILED PORTION OF PIPE IN PARCEL NO. G.A 904-89, CITED ABOVE. THE
LOCATION OF THE NEW SECTION OF PIPE WITH RESPECT TO THE DESCRIPTION IN SAID
EASEMENT DEED HAS NOT BEEN DETERMINED.
i
b. mp*JdL&� 5/11/97
D. MARK ARE. P.L.S. 5031 DATE
C V WD4.DOC
Po% MARK �4f
EXP. 12-31-97
N0. 5031
01.
014
LA NOVIA AVENUE
EXHIBIT 11611
PLAT TO ACCOMPANY
LAND DESCRIPTION
CE VIA ENTRADA
CAMINO DEL RIO
P.O.S.
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CENTERLINE OF T.P.O.B.
20 FOOT WADE
STRIP.
N 3518'38'E 238.90'
VISTA CRANDA
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SCALE: 1" = 400'
O HARK K, ��\
4
EXP. 12-31-97
NO. 5031
WARE ENTERPRISES, INC. � A
LAND SURVEYING SERVIC&
26721 CALLS JUAN?A
CAPLSTRANO BEACH, CA 92624
714-661 -9156
D. DATE 1
D. PARE I PLS b03! DATE
UC. EAP. 12-91-97
r
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further compliance
with City Resolution No. 83-12-20-3 and on the 18th day of September 11997,
I caused to be posted:
RESOLUTION NO. CVWD 97-9-16-1 , being
ACCEPTANCE OF AN EASEMENT FOR WATERLINE PURPOSES
WITHIN THE GLENDALE FEDERAL OPEN SPACE LANDS
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT, ACCEPTING AN EASEMENT FROM THE CITY
OF SAN JUAN CAPISTRANO FOR WATERLINE PURPOSES WITHIN OPEN
SPACE OWNED BY THE CITY OF SAN JUAN CAPISTRANO
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.
CHERYL JORNSON, CITY CLERK
San Juan Capistrano, California
01: