17-0921_FALKLAM, HARRY G._Grant of Temporary Construction Easement (TCE)RECORDING REQUESTED BY
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Recorded in Official Records, Orange County
City of San Juan Capistrano
Engineering Department Hugh Nguyen, Clerk -Recorder 32400 PaseoAdelanlo IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
NO FEE
San Juan Capistrano, CA..92675 *$ R 0 0 0 9 5 7 7 3 9 1$*
20170004016931:11 PM 09121/17
AND WHEN RECORDED MAIL TO: 90 SCS E01 7
City Clerk 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00
"Same address as above"
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J 827383 (SPACE ABOVE)
APN: 673-111-16 & 673-111-17
GRANT OF TEMPORARY CONSTRUCTION EASEMENT 7
Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014, qf
(referred to herein as "Grantor"), is the owner in fee of certain real property located at 32151 Del r
Obispo Street, San Juan Capistrano, County of Orange, State of California, (hereinafter referred 1 n I T
to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does
hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a California
municipal corporation, under the laws of the State of California (the "Grantee", hereinafter
referred to as "City"), its successors and assigns:
1. Temporary Construction Easement. A temporary and non-exclusive construction
easement over, on, under, in, across, along and through that certain portion of the Property more
fully described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto and incorporated
herein by reference (hereinafter referred to as the "Temporary Construction Easement"), for
purposes of the constructing the City's project known as the Del Obispo Widening Project
("Project").
Grantor hereby covenants, by and for itself, its assigns, heirs and voluntary and involuntary
successors in interest to the Property or any part thereof, that at all times prior to the Expiration
Date (defined below), Grantor shall not, without the express written consent of Grantee: (i) erect
nor permit the erection of any building, wall, fence or other structure within the Temporary
Construction Easement Parcel; (ii) plant nor permit the planting of any tree(s), plant(s) or other
vegetation or flora on any portion of the Temporary Construction Easement Parcel; (iii) undertake
nor permit the undertaking of any activity that may interfere with Grantee's use of the Temporary
Construction Easement and exercise of all rights and privileges thereof; nor (iv) grant any other
easements on, under or over the Temporary Construction Easement Parcel.
The Temporary Construction Easement shall include, without limitation, the right and
privilege of Grantee and its employees, agents, representatives, contractors, subcontractors, and
workmen to: (i) perform all activities as may be necessary to facilitate the purposes of the
Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction
Easement Parcel ; (iii) have access to, ingress to, and egress from the Temporary Construction
Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery and
materials on the Temporary Construction Easement Parcel; and (v) trim, cut, or clear away any
trees, brush or other vegetation or flora, including the roots thereof, located within the Temporary
Construction Easement Parcel.
MAILTAX STATEMENTSAS DIRECTEDABOVE
By its acceptance of this Temporary Construction Easement, Grantee covenants and
agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest
to the Temporary Construction Easement, that upon completion of that portion of the Project
abutting to the Property, Grantee shall: (i) repair or replace in kind, at Grantee's sole discretion
and expense, any improvements such as fences, gates and other "hard" features that the
Grantor did not receive compensation, existing on the Temporary Construction Easement
Parcel that are damaged as a result of Grantee's exercise of its rights and privileges under the
Temporary Construction Easement; and (ii) leave the Temporary Construction Easement Parcel
in a clear, graded state with no construction debris present. Notwithstanding the foregoing,
Grantee shall not be obligated to repair and/or replace any vegetation removed by Grantee.
The Temporary Construction Easement shall automatically expire and be of no further
force and effect upon the date ("Expiration Date") that any of the following -described events first
occurs: (i) the recording of a quitclaim or other deed whereby Grantee conveys to the then fee
owners of the Temporary Construction Easement Parcel all its rights, title and interest in the
Temporary Construction Easement; or (ii) Twelve Months (12) from the date of recording of the
Temporary Construction Easement. Termination of the Temporary Construction Easement as
of the Expiration Date shall be automatic without any further act by either Grantor or Grantee.
The Temporary Construction Easement and covenants contained herein shall run with
the land and shall inure to the benefit of and be binding upon the Grantor and Grantee and their
respective assigns, heirs, and voluntary and involuntary successors in interest.
All Exhibits attached hereto are incorporated herein by reference.
Subject to the rights of Grantee and the covenants and restrictions contained herein,
Grantor retains the right to use the Temporary Construction Easement Parcel for any purpose
that does not interfere with Grantee's use of the Temporary Construction Easement and
exercise of all rights and privileges thereof.
GRANTOR:
Harry G. Falk]; Trustee
5/'//r 7
Date
NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF
COUNTY OF N-lA kIzv .
On JDAL4 4f 201 % , before me, j , VW f 1 rd? , a Notary Public, personally
appeared C • F'§c Lk(A rV who 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
acknowledge 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
M. J. MARTINEZ
Notary Public -California
i Orange County
Commission N 2170623
M Comm. E res Dec 2, 2020+
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
(APN: 673-111-16,17)
32151 DEL OBISPO ST.
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGES
29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103;
THENCE SOUTH 57010'30" EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE
OF 411.22 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEAST LINE
SOUTH 26044'26" WEST A DISTANCE OF 26.67 FEET; THENCE SOUTH 0°25'54" WEST A
DISTANCE OF 30.60 FEET; THENCE SOUTH 11'24'43" WEST A DISTANCE OF 69.28 FEET TO
THE NORTHWESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE AS PER DEED OF RIGHT
OF WAY, RECORDED OCTOBER 15, 1930 IN BOOK 420, PAGE 430; THENCE NORTH 35°41'00"
EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 116.76 FEET TO THE
NORTHEASTERLY LINE OF SAID LOT 66; THENCE NORTH 57°10'30" WEST ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF 50.72 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,171 SQ FT (0.073 ACRES)
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF.
CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
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APN 673-111-17
NW'LY LINE OF
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(R) PER TRACT NO.103 BK 11, PG 29-33
(R1) PER DEED OF RIGHT OF WAY, RECORDED
OCTOBER 15, 1930, BK420, PG430
SHEET I OF 1
Prepared by.
CNC ENGINEERING
2121 Alton Parkway, Suite 200
Irvine, CA 92606
Phone (949) 863-0588
www.cnc-eng.com
Job No. 15-036 February 9, 2017
CITY OF SAN JUAN CAPISTANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY
CONSTRUCTION EASEMENT
[Portions of APN 673-111-16 and 673-111-171
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Temporary Construction Easement dated
M GY !±, Z O 1-1 to which this Certificate of Acceptance is attached,
from: Harry G. Falklam Trustee of the Harry G. Falklam
Revocable Trust dated January 18, 2014 ("Grantor")
to: CITY OF SAN JUAN CAPISTRANO,
aCalifornia municipal corporation ("Grantee")
Said Grant of Temporary Construction Easement is hereby accepted by the
undersigned officer on behalf of Grantee pursuant to authority conferred by the
Grantee's governing body, and Grantee hereby consents to recordation of such Grant.
Dated: CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By.<Y_
4�� ieg M ager
AttA 6L�e
Ci Cler
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On September 11, 2017, before me, Christy Jakl, Assistant City Clerk, personally appeared
Beniamin Siegel, City Manger, who proved to me on the basis of satisfactory evidence to the be
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/there
signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
OPTIONAL
Description of Attached Document
Title or Type of Document
Certificate of Acceptance of Grant of Temporary
Construction Easement APN 673-111-16 and
673-111-17
Grantor: Harry G. Falklam