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1995-0620_SAN JUAN CAPISTRANO, CITY OF_Easement Deed_95-0321538RECORDED AT THE REQUEST OF •RETURN TO: CAPISTRANO VALLEY WATER DISTRICT 32450 Paseo Adelanto San Juan Capistrano, CA 92675 PROJECT NAME OR NUMBER: REPLACEMENT OF THE 8 -INCH AND 12 -INCH PIPES CROSSING SAN JUAN CREEK EASEMENT 40 /Cod. i3'" y5-C3ais38 (SWe" W. thu lin. for RoeoNoi, U..) rotary 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 ("GRANTOR") does hereby grant to Capistrano Valley Water District, a public corporation ("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. 1 of 2 ATTEST: "GRANTOR" • (Attach All-VuWs. ACIt .WdyNun4 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA, 92675 BY: Signature Carolyn Nash Mayor Title BY: Signature 6thel Johnson City Clerk Title 2 of 2 •BERT BEIN, WILLIAM FROST & ASSPIATES 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 foiiows: BEGINNING at the northwesterly terminus of that certain course described as "South 39051108" 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. $- LL910 m li / C Kevin D. McHug Jr., P.L.S. 6310 EXHIBIT "A" / ,v Ole, r � I I 1 --lo/ t:;� I . Zo WL� G( GOT N AN /C9096X II S � r 20 2020 5AN ✓L (08 45 PER. N S_ P�zc� 2 � � II I /N5T Vo. 94• - 07"V 4 O. �SII g I SIA: �i 40 V.I r ; 5AN a!/ANy GREEK ROAD N, EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL OESCRIPnON FOR CAPISTRANO VALLEY WATER DISTRICT WATER LINE EASEMENT WITHIN SAN JUAN CREEK SHEET I OF I SHEET 9w°fLiYbCtBa'rt.`�Jliam`FIWt GS,�jlssoaarcs .+on ssarw �w�Y�sa .uY+e •ss s�•.e•o•s •O.O�..tf�.�IAY �P/Y�w• •Ynn1 L4nNw V ��� F��iKUA1cY 131«!5 JN.3o4PP1 0 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) On Tune 20 1995 before me, Cheryl Johnson City Clerk, personally appeared Caro lyp Nash (SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Description of Attached Document Juan Creek� Title or Tjpe of Document Number of Pages June 20- 1995 Date of Document City Clerk Signer(s) Other Than Named Above 9 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) On Tune 20. 1995 before me, Dawn Schanderl Deputy City Clerk, personally appeared Cheryl Johnson (SEAL) Capacity Claimed by Signer Municipal Corporate Officer City Clerk Title Signer is Representing City of San Juan Capistrano personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Deputy City OPTIONAL Description of Attached Document �, 36- TWI .,0 ►. ,i • Number of Pages June 20 1995 Date of Document Mayor Signer(s) Other Than Named Above