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05-0411_DONAHUE SCHRIBER REALTY GROUP, L.P._Easement Deed_2005000270947RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recording Requested Per Government Code Sec. 6103 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder !IIIIIIIIllull!iillllllllllllll!lIIIIIIIlI.lII!Ill!lIIIIIIIIIIIRI!IIIIIIIPJO FEE 2005000270947 01:44pm 04111105 211 130 E01 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space for Recorder's Use Only EASEMENT DEED Donahue Schriber Realty Group (San Juan Basin Groundwater Recovery Plant) This Page is the Cover Page for all City Recorded Documents 0 Project: Affects Legal Description: Assessors Parcel No.: Location: San Juan Basin Desalter Project Lot 35, Tract No. 103 668-091-09; 668-091-10 32391 - 32401 CAMINO CAPISTRANO SAN JUAN CAPISTRANO, CA 92675 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, as of , 2004, DONAHUE SCHRIBER REALTY GROUP, L.P., a Delaware limited partnership ("GRANTOR"), does hereby grant to the City of San Juan Capistrano, a public corporation ("GRANTEE"), a non-exclusive easement and right-of-way in, over, under, upon, along, through and across certain real property situated in- the City of San Juan Capistrano, County of Orange, State of California, as described in the legal description attached hereto as Exhibit "A", and as shown on the diagram attached hereto as 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 ("Facilities"). Grantee's use of such easement shall be subject to the following covenants and conditions: (i) Grantee shall maintain all improvements installed and constructed by Grantee within the easement area in good condition and repair, at Grantee's sole cost and expense, and (ii) from and after the completion of the construction and installation of the water pipelines and facilities, Grantee shall provide Grantor with reasonable notice prior to accessing and entering upon the easement area, except in cases of emergency, and (iii) Grantee shall indemnify and hold harmless Grantor from any loss, liability, judgment or claim, including reasonable costs of defense, related to Grantee's use of the easement D" Sawa. (S"., l) easr,""1 495223.5 area, the installation of the pipeline improvements and the maintenance thereof. 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 City of San Juan Capistrano: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. Notwithstanding the foregoing, Grantor shall be permitted to place temporary or removable structures or equipment (i.e., recycling bins) within the easement area after the Facilities are completed, provided that Grantor shall move and/or relocate such temporary or removable structures at Grantee's reasonable request from time -to -time, and upon reasonable notice (except where exigent circumstances prevent such notice in which case Grantee shall provide such notice as is reasonable under the circumstances) in order to ensure Grantor's access to and use of the easement area. 2. Place upon or remove from the easement area any earth or material, except as otherwise provided herein. GRANTOR: DONAHUE SCHRIBER REALTY GROUP, L.P., a Delaware limited partnership By: Donahue Schriber Realty Group, Inc., a Maryland corporation, General Partner Name: Mi thele- B4,bu( k Title: Ece.au+ive Vice Presiden (Notarized signatures required) Da "Schdbw JS*9 a QEo +35223.5 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF QrQn� )SS. On oc+ober a(o, aoc - before me, Linda \Torcia C personally appeared ffilahp-leco — ---- personally known to me to be the personN whose namtte are subscribed to the withi instrument and acknowledged to me that hethey executed the same in his er their authorized capacity(", and that by hisheir signature(} on the instrument the person(t4.}, or the entity upon behalf of whicperson().} acted, executed the instrument. WITNESS my hand and official seal..`-5V�t- Signature✓ Gr'�✓L Irr T' LINDA JORDAN COMM. a 1294984 � Notary Pubhc•California Orange County MyCmm Expires MARCH 17, 2005 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. CERTIFICATE MUST BE ATTACHED TO Title of Document Type: NT D DOCUMENT DESCRIBED AT RIGHT. Number of Pages t Date of Document Signer(s) Other Than Named Above penenue Stheeer (..poem L) Eatenenl 435223.5 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF PARCELS "A" AND `B", IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 141, PAGES 40-41 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND OF VARIOUS WIDTHS LYING NORTHERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "B"; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 'B" NORTH 02003'57" EAST 48.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 65°21'36" EAST 132.44 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 53013'42" EAST 44.01 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 81°46'18" EAST 14.14 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL `B" AND A POINT HEREINAFTER REFERRED TO AS POINT "B'; THENCE ALONG THE SOUTHEASTERLY LINE OF PARCELS 'B" AND "A" OF SAID MAP NORTH 53013'42" EAST 226.96 FEET TO AN ANGLE POINT IN SAID PARCEL "A" AND A POINT HEREINAFTER REFERRED TO AS POINT "C'; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A', SOUTH 77050'30" EAST 16.12 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A" AND THE WESTERLY LINE OF CAMINO CAPISTRANO AS SHOWN ON SAID MAP. THE WIDTH OF SAID STRIP BEING 20.00 FEET FROM THE TRUE POINT OF BEGINNING TO POINT "A", 25.00 FEET WIDE FROM POINT "A" TO POINT 'B", 15.00 FEET WIDE FROM POINT "B" TO POINT "C" AND 6.50 FEET WIDE FROM POINT "C" TO THE WESTERLY LINE OF SAID CAMINO CAPISTRANO. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT ANGLE POINTS, COMMENCE AT THE WESTERLY LINE OF SAID PARCEL "B" AND TERMINATE AT THE WESTERLY LINE OF SAID CAMINO CAPISTRANO. ALL AS SHOWN ON EXHIBIT "B", THE SKETCH TO ACCOMPANY THIS DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 12WI Z37�i�j D. MARK WARE, PLS 5031 LICENSE EXP. DATE: 12/31/05 CAdwg1CV W D\plam site easemannhlMORE PIPELINE EASEMENTS 4-15-03\BOYLE DWG RCVD 2102004\SEGEMENT L VONS EASEMENT 2 18 2004 EX A.DOC Page 1 of 2 0 EXHIBIT W SKETCH TO ACCOMPANY LEGAL DESCRIPTION N W*E A� a0/ s + SCALE: 1'680' 1I,A + P Qet0 G�� 0h, QPM / L=6.50' 1� R=1948.00' �p A600' 11'28' Q w 77-50• 6.5o' rn n amu• 18� 9 QC.T' = ry0ti• T N 77*50'30" 16. W 16.12' 15.00' N79'13'13"W (R N 81'46'18' hS_._.... Ap91 N53'13'42'E 21.2W� +� • 57.24' 20.00' 20.00' d b / PONY 'O' 0�g 1 L N 81'46'18" W alv�A- / 14.14' CT 5�•� N53'1 3'42"E / 44.01' ti OGi Q0L O� PREPARED B)l �q WARE ENTERPISES, INC. �. 2109 NA GANLAN ,:•� (� SAN ,E7/49- CA 9156 �. g;D� OS PHQN� 949-661-9156 .3 FAX 949-J66-9611 EMM. PLSWISPACAUL.NET NO. 5031 A NAM WK Pd.S WX DWE LA!zhw OPIPA1PC1tO CW")PV1Y WW* f ersiwib\MORE P96M E EASMUM 415-WVMtE DWG RM 2102004WGMEMf L VOLAS EARMBIf 2 18 2004 EX 8Arq, 2J W2W4 6:79:56 PK HP L sJK bV41..60, WARE E CITY OF SAN JUAN CAPISTRANO Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) This is to certify that the interest in real property conveyed by the Easement Deed and granted by Donahue Schriber Realty Group, L.P., a Delaware limited partnership, across real property, Lot 35, Tract No. 103; APN 668-091-09 and 668-091-10, located at 32391 — 32401 Camino Capistrano, San Juan Capistrano, California, for water transmission purposes dated September 14, 2004 is hereby accepted by order of the City Council on April 5, 2005, per Resolution No. 05-04- 05-04q. and the grantee consents to recordation thereof by its duly authorized officer. (seal) iarbj R. Monahan, City Clerk of S n Juan Capistrano 6, 2005