1995-1201_J.F. SHEA CO., INC._Grant of Easement_19950531258-tea
Recorded In the county of orange, california
Gary L. Granville, Clerk/Recorder
RECORDING REQUESTED BY AND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 28.00
WHEN RECORDED MAID. TO: 19950531258 08:00am 12/01/95
005 107639 26 15 FAT
Capistrano Valley Water District M 4 7.00 9.00 0.00 0.00 0.00 12.00
32450 Paggeo Adelanto
san J n ClApi Yarm CA 9262a
Attn- craig Harris
(Space Above This Line For Recorders Use Only)
GRANT OF EASEMENT
No Consideration - Value Less Than $100
No Documentary Transfer Tax Due
The undersigned "Grantor," J. F. SHEA, CO., INC., a Nevada corporation, hereby
grants to CAPISTRANO VALLEY WATER DISTRICT, a County Water Works District ,
hereinafter referred to as "Grantee," its successors and assigns, a non-exclusive easement (the
"Easement") to lay, construct, use, maintain, operate, alter, improve, repair, replace and/or
remove a water pipeline or pipelines, including incidental appurtenances, connections and
underground structures in connection therewith for the transmission of water (the "Facilities") on,
over, in, under, across and along that certain real property owned by Grantor (the "Property")
situated in the City of San Juan Capistrano, County of Orange, State of California, which
easement area (the "Easement tVea") is more particularly described on Exhibit "A" and
Exhibit "A-2" attached hereto. Grantee shall also have the right to enter upon and to pass and
repass over and along the Easement Area for the construction, operation and maintenance of the
Facilities.
SUBJECT TO: Covenants, conditions, restrictions, easements, rights,
rights-of-way and encumbrances of record or visible from an inspection of the Property.
FURTHER SUBJECT TO the following terns and conditions:
1. Rights of Use. It is understood and agreed that the Easement is granted
subject to the rights of Grantor to use the Easement Area for other purposes to the extent that
such use does not materially interfere with Grantee's use of its Easement. Grantor retains all
rights which are not inconsistent with the Easement; provided, however, that no streets, alleys,
fill, roadways, fences, blockwalls or other structures or improvements shall be constructed upon,
over and along the Easement Area, nor shall any earth be removed from the cover of the Facilities
without first obtaining the consent of Grantee, not to be unreasonably withheld or delayed.
2. Liens. Grantee shall not suffer or permit to be enforced against the
Property or any part thereof any mechanics' or materialmens' liens arising from or relating to any
work of construction or improvement by or on behalf of Grantee, and Grantee shall pay or cause
to be paid all of said liens before any action is brought to enforce the same against Grantor or the
Property. If Grantee shall, in good faith, contest the validity of any such lien, then Grantee shall,
at its expense, defend itself and Grantor against the same and shall pay and satisfy any adverse
judgment which may be. endered thereon befo,-- tbo enforcement thereof against Grantee,
Grantor or the Property, and if Grantor shell require, Grantee shall furnish to Grantor a surety
bond satisfactory to Grantor in an amount at least equal to such contested lien indemnifying
Grantor against liability for same, or if Grantor shall request, Grantee shall procure and record the
bond(s) provided for in the California Civil Code, freeing the Property from the effect of such lien.
3. Indemnity. Grantee agrees to protect, indemnify, defend and hold Grantor
harmless from and against any liability, loss, demand, cost, expense, action, suit, claim or damage
(including, without limitation, attomeys' fees and costs) with respect to any injury to person or
property caused in whole or in part by the acts or omissions of Grantee or its employees,
9320902 V. CC I /MAA/88888-265/07-29-93/mn
contractors or agents, except to the extent that the same are caused by any act or omission of
Grantor or its employees, agents or contractors.
4. Repair of Damage. Grantee agrees at its sole cost and expense to repair or
replace all improvements or other items, including, without limitation, landscaping, which are in
any manner whatsoever damaged or removed in connection with the exercise by Grantee of its
rights herein granted. Any such repair or replacement shall be accomplished promptly following
completion of the actions of Grantee causing the damage or removal.
5. Relocation. If Grantor determines that the Facilities interfere with the
development of the Property by Grantor, then Grantee will, within one hundred twenty (120) days
after receipt from Grantor of a written notice, relocate such Facilities at the sole cost and expense
of Grantor; provided, however, said obligation to relocate at the expense of Grantor shall be
conditioned upon Grantor furnishing to Grantee a good and sufficient replacement grant of
easement in a feasible location, which grant of easement shall be in a form substantially identical
to this Grant of Easement. Such relocation right may be exercised by Grantor as many times as
Grantor shall elect.
6. Successors and Assigns. This Grant of Easement shall be binding upon and
inure to the benefit of the successors and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, the undersigned Grantor has caused this Grant of
Easement to be executed as of this day of i&L-- ✓llWC , 199 It is understood that
the undersigned Grantor is granting rights pursuant to this Grant of Easement only in the portion
of the Property in which Grantor owns a fee interest.
"Grantor" J. F. SHEA CO., INC., a Nevada c oration
By:
ts:
STATE OF Gkur'sA-nl'A 1
as.
COUNTY OF i,PT hwk2alja' 1
On 1995 , before me, xHaK ei —w -+ tics , a
Notary Public in and for said state, personally appeared dHttc R- 4ebg2fl personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his 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.
-ri1 y
Notary Public in and for said State
9320902V.00 1/MAA/88888-265/07-29-93/rM
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9320902V.00 1/MAA/88888-265/07-29-93/rM
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EXHIBIT "A"
a V 4
That certain real property in the city of San Juan Capistrano, county of
orange, State of California described as follows;
Portion of lands shown on a Map filed in Book 101, Pages 1 through 8
of Records of -Survey (RS 101/1-8 hereinafter), Records of Orange
county, California, described as follows:
BEGINNING at the southeasterly corner of said RS 101/1-8, being the
southerly terminus of the curved easterly boundary line, said curve being
shown to be concave southeasterly, having a radius of 80.0o lest, a central
angle of 246 161 0511 and an arc distance of 33.8s feet on said RS lOt/1-8
a radial through said point bears North 75' 571 25" West, said point also
being the northeasterly corner of Parcel 4 of a Map filed in Book so, Pages
38 and 39 of Parcels Maps of said Orange County (pM 80/38-39 hereinafter);
thence, westerly along the southerly boundary line of said RS lol/1-8, Said
boundary line also being the northerly boundary line of said PM 80/38-39,
North 89° 271 $011 West 365.91 feet to the southerly terminus of the
southeasterly boundary line of a parcel known as the "West Side Reservoir"
described in a dead to the orange County Water works District No. 4
recorded May S, 1964 in Book 7031, Page 388, official Records of Orange
county, said boundary line being described as " N. 12. 451 17t1 W. 115.391";
thence northwesterly along said southeasterly boundary line of said "West
Side Reservoir", North 128 451 1711 West 20.55 feet) thence leaving said
"West Side Reservoir" boundary line, southeasterly, South 89° 271 201, East
378.40 feet to the beginning of a nontangant curve, being a point on said
curved easterly boundary line of'said RS 101/1-8 referred to above, a
radial through said point bears North 600 321 47" West; thence
southwesterly along said curve, concave southeasterly and having a radius
of 80.00 feet, through a central angle of 15° 241 3811 an arc distance of
21.52 feet to the POINT OF BEGINNING.
The above described parcel of land contains 7433 square feet.
Attached and made a part of this instrument is a map designated as Exhibit
11346
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