18-1026_SANTA MARGARITA WATER DISTRICT_Grant of Easement •
Recorded in Official Records,Orange County
RECORDING REQUESTED BY:
Hugh Nguyen,Clerk-Recorder
WHEN RECORDED MAIL TO: 11111 111IIIIIN1IIIIIIIIIIIUIIIIIIIIIIIII1IIIIIIIIIIIIIII11111 NO FEE
Santa Margarita Water District $ s o o i o 4 3 a b o o $
- 2018000388192 9:57 am 10126118
26111 Antonio Parkway9
CA 92688 o. o o.SCS E01 A04 9
Rancho Santa Margarita,
' 000 0.00 0.00 24.00 0:00 0.000.000.00 0.00
[Space Above This line Is For Recorder's Use Only]
Mail Tax Statements to: This document is recorded for the benefit of SANTA MARGARITA
Santa Margarita Water District WATER DISTRICT. The recording fee is exempt under Section
26111 Antonio Parkway 27383 of the Government Code. NO CONSIDERATION.
Rancho Santa Margarita,CA 92688 C�
(Signature) 1\f-
GRANT OF EASEMENT
TO •
SANTA MARGARITA WATER DISTRICT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN JUAN CAPISTRANO, a California municipal corporation, ("Grantor"), hereby
grants and conveys to SANTA MARGARITA WATER DISTRICT, a California water
district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State
of California ("Grantee"), a perpetual non-exclusive easement and right-of-way for the
• installation, operation and maintenance of water, recycled water and sewer pipelines,
together with incidental appurtenances,connections and structures in, over, under,upon, along,
. through and across the portions of the real property described in Exhibit "A" attached hereto
and diagrammed in Exhibit"B" attached hereto (the "Easement Area"). The easement and right-
of-way granted herein are in gross. •
• The easement and right-of-way granted herein include the incidental rights to enter upon
• and pass and repass over and along,the Easement Area for the construction (including, without
limitation, grading, excavation and compaction of the Easement Area), reconstruction,
enlargement, improvement, repair, operation and maintenance of the facilities to be constructed
.• by Grantee and for ingress and egress.to Grantee's property., After completion of any work
performed by Grantee or its agents, contractors or employee which disturbs the surface of
Grantors' property, including without limitation the Easement Area, Grantee shall, at its own
expense restore the surface of such property as close as reasonable to its original character.
Document Number: 2018000388192 Page: 1 of 9
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The easement rights acquired by Grantee herein are acquired subject to the right of
Grantor, their successors and assigns, to use the surface and subsurface of the land within the
Easement Area to the extentthat such use is compatible with the full and free exercise of the
easement and right-of-way by Grantee; provided, however, that no fences, block walls, or other
structures or other improvements shall be constructed upon, over and along the Easement Area
without the prior written consent of Grantee, which consent shall not be unreasonable withheld
or delayed.
No fill or paving of any nature shall be placed.or maintained on the surface of the ground
within the Easement Area, nor shall any earth be removed from the cover of the pipeline after
construction, without prior written consent of Grantee, which consent shall not be unreasonably
withheld or delayed. •
Grantee shall have the right to use gates in all of Grantors' fences which presently or
hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush
whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and
safe exercise of the rights granted hereby.
Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor and
Grantor's successors and assigns against any claims, losses, liabilities, damages, expenses, fines, •
costs and reasonable counsel fees paid,,suffered or incurred as a result of bodily injury, death or
' property damages to Grantor or third parties,the extent arising from(i)use of the Eastment Area
by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and
assigns and the exercise of any/all rights granted to Grantee herein, (ii)acts or omissions of
Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns
(including, but not limited to, failure to comply with all codes, ordinances, laws, regulations,
statutes and other requirements relevant to any work performed by Grantee, its employees, •
agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement
Area),or(iii)the location and existence of Grantee's facilities,whether defective or otherwise.
Grantor, its successors and assigns shall save, indemnify-and hold harmless Grantee and
Grantee's successors and assigns against any liability, loss, cost,damage, and expense sustained
by Grantee or third parties, the extent arising from (i)use of the Easement Area by Grantor, its
employees, contractors, agents, representatives, guests, invitees, successors and assigns and the
exercise of`any/all rights retained by Grantor herein and (ii)acts or omissions of Grantor, its
employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise
of any/all rights retained by Grantor herein(including, but not limited to, failure to Comply with .
all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise
of any such retained rights). •
In the event that any action is instituted with respect to the subject matter of this Grant of
Easement, the party prevailing in such action shall be enttled to recover from the other party
reasonable attorneys' fees and costs for such action.
This Grant of Easement shall bind and inure to the benefit of the parties and their respective
successors and assigns.
•
235/023428-0002
4-16-18 -2-
Document Number: 2018000388192 Page: 2 of 9
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[THIS SPACE INTENTIONALLY LEFT BLANK;SIGNATURES TO FOLLOW]
IN WITNESS WHEREOF, this Grant of Easement has been executed this iLQ day
of r)f40}").Qr ,2018.
•
"GRANTOR"
•
• CITY OF SAN JUAN CAPISTRANO, •
a California municipal co oration .
By: /
4 .1
N e: BeAsimcn
• Title: —6 4.nt
ftc
APPROVED AS TO FORM: •
By: g , i3
Name: Is ,--7 134, Pr •
yt�
• City of San Juan Capistrano Attorney
•
•
235/023428-0002 •
4-16-18 -3-
Document Number: 2018000388192 Page: 3 of 9
•
•
•
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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 October 16, 2018, before me, Christy Jakl, Assistant City Clerk, personally appeared
Benjamin Siegel,City Manager and Jeffrey Ballinger,City Attorney,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) •
•
• • WITNESS my hand and official seal. •
•
11111►
• Chris •Jakl ssistan lerk
• .
• OPTIONAL
•
Capacity Claimed by Signers ' Description of Attached Document
Title or Type of Document
City Manager
Grant of Easement to Santa Margarita Water
City Attorney District •
•
Title
Signer is Representing •
City of San Juan Capistrano .
•
•
•
Document Number: 2018000388192 Page: 4 of 9
CERTIFICATE OF ACCEPTANCE
•
•
The undersigned, being the duly appointed agent of SANTA MARGARITA WATER
DISTRICT, a public corporation ("District"), Orange County, California, pursuant to its
Resolution No. 88-10-2, does hereby accept on behalf of District,the grant of all interests in real .
`'(p
estate for public purposes as described'in the attached Grant of Easement dated the er
day of C c, eY , 2018, by and between District and CITY OF SAN JUAN
CAPISTRANO, a California municipal corporation and does hereby certify District consents to
the recordation of the attached Grant of Easement.
DATED: eddelf a X41
SANTA MARGARITA WATER DISTRICT
By: -,,et_tjed,,...,,da
Secretary
(SEAL)
Document Number: 2018000388192 Page: 5 of 9
EXHIBIT"A"
• LEGAL DESCRIPTION OF THE EASEMENT AREA
(See Attached) •
•
•
1
, .
•
EXHIBIT"A"
DOcument Number: 2018000388192 Page: 6 of 9
HU1 ZOLLARS
H1111T•ZOLIARS,INC..2603 Main Street•Suite 400 r Irvine,CA 92614.4250 r 949.988.5815 phone•949.988.5820 fax•hu18-zollars.cam
R307804.03
04-11-18
EXHIBIT A
LEGAL DESCRIPTION
SANTA MARGARITA WATER DISTRICT
PIPELINE AND ACCESS EASEMENT
Parcel 1:
That portion of Parcel 104 of Certificate of Compliance CC 2001-01, recorded July 26, •
2001 as Instrument No. 20010508635 of Official Records, in the office of the County
Recorder of said County, being a strip of land, 30.00 feet wide, the centerline of which is
described as follows:
Commencing at the Easterly terminus of that certain course on the Northerly sideline of
• Parcel 2, as described in the Grant of Easement to Santa Margarita Water District,
recorded September 12,2013 as Instrument No.2013000532836 of said Official Records,
shown as having a bearing and distance of"North 88°16'13" East 378.42' " in said Grant
of Easement;thence along said Northerly sideline South 88°16'13" West 83.27 feet to the
TRUE POINT OF BEGINNING;thence leaving said Northerly sideline North 07°56'13"
West 34.47 feet to the Southerly right-of-way line'of Ortega Highway, as shown on
Record of Survey No. 2011-1118, filed in Book 256, Pages 46 through 49, inclusive, of •
Records of Survey,in the office of the said County Recorder.
The sidelines of said strip of land shall be lengthened or shortened so as to originate
along said Northerly sideline of said Parcel 2, of said Grant of Easement to Santa
Margarita Water District and terminate along said Southerly right-of-way line of Ortega
Highway,as shown on said Record of Survey No. 2011-1118.
Containing an area of 1,034 square feet,more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements,
if any,of record.
As shown on Exhibit B attached hereto and by this reference made a part hereof.
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Document Number: 2018000388192 Page: 7 of 9
EXHIBIT"B"
DEPICTION OF THE EASEMENT AREA
(See Attached)
•
EXHIBIT"B"
Document Number: 2018000388192 Page: 8 of 9
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Document Number: 2018000388192 Page: 9.of 9