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
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2005000270947 01:44pm 04111105
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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.
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D. MARK WARE, PLS 5031
LICENSE EXP. DATE: 12/31/05
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2109 NA GANLAN ,:•� (�
SAN ,E7/49- CA 9156 �. g;D� OS
PHQN� 949-661-9156 .3
FAX 949-J66-9611
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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