1980-0515_CALIFORNIA, STATE OF_Agreement and Grant of Easement_13608 1028RWHENDRECORDEREQUESTED
16493
16493
BK
1 3608Ps
MAIL TO:
(28
CITY OF SAN JUAN CAPISTRANO
E}tEl��IPT
Office of the City Clerk
32400 Paseo Adelanto
C 9
RECORDING
FEES EXEMPT DUE
TO
San Juan Capistrano, CA 92675
GOVERNMENT CODE SECTION
6103
`MARY ANN
VER, City
Clerk
San Juan
Capistrano, California
SPACE ABOVE
THIS LINE
FOR RECORDER'S
USE
Agency: California Highway Patrol
AGREEMENT AND GRANT OF EASEMENT Project: San Juan Capistrano Office
UNDERGROUND PIPELINE EASEMENT Parcel: EAS -996
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the
STATE OF CALIFORNIA, acting by and through its DIRECTOR OF GENERAL SERVICES,
hereinafter called State, and the CITY OF SAN JUAN CAPISTRANO, hereinafter called
Grantee.
The State, pursuant to the provisions of Section 14666 of the Government Code of
the State of California, and in consideration of the sum of $4,400, receipt of
which is hereby acknowledged, does grant unto Grantee, its successors and assigns
forever, an easement to locate, relocate, construct, reconstruct, maintain, alter,
repair, and replace an underground sanitary sewer pipeline on, under and across
that certain real property situated in the County of Orange, State of California,
described as follows:
A strip of land of the uniform width of 20 feet lying contiguous
to and northeasterly of the southwesterly boundary line of the parcel
of land described in the Agreement for the Transfer of Control and
possession of land owned by the Department of Transportation, State
of California dated June 27, 1975 and recorded in Book 11500 of
Official Records at Page 1107, Orange County Records.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. MAY 15 1980
LEE A. BRANCH, County Recorder
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT.
Dated APR 4 1980 GRANTEEIsCITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
Department of General Services
APPROVED: California Highway atrol
By�L.,: dP!
�
KENNETH E. FRIESS, MAYOR
ATTEST: -
CITY CREAK
Dated January 9, 1980
BK l oouoru 1 u/—:
A;.
PROVIDED, this Grant of Easement is subject to the following terms id eoAditions: -' r+ • fJ
1. This Grant is subject to existing contracts,_ ryaclta;' licenses, easements, encumbrances, and claims which
may affect said property and the use of the word "Grant" herein shall not be construed as a covenant against
the existence of any thereof.
2- Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to save
harmless, indemnify, and defend State, its officers, agents, and employees, from any and all loss, damage or
liability which may be suffered or incurred by State, its officers, agents, and employees caused by, arising
out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising
out of the sole negligence of State.
3. State reserves the right to use said real property in any manner, i nc 1 ud i ng fence or screen wa 11 and
parking lot paving, provided such use does not unreasonably interfere with Grant
rights hereunder.
4. State reserves the right to require Grantee, at State expense, to remove and relocate all improvements placed
by Grantee upon said real property, upon determination by State that the same interfere with future devel-
opment of State's property. Within 180 days after State's written notice and demand for removal and reloca-
tion of the improvements, Grantee shall remove and relocate the improvements to a feasible location on
the property of State, as designated by State, and State shall furnish Grantee with an easement in such new
location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee there-
upon shall reconvey to State the easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the
Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of
written demand, deliver to State a quitclaim deed, to its right, title and interest hereunder, and shall, on State
request, without cost to State, and within 90 days from written demand by State, remove all property placed
by or for Grantee upon said property and restore said premises as nearly as possible to the same condition
they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises
in accordance with such request, State may do so at the risk of Grantee, and all costs of such removal and re-
storation shall be paid by Grantee upon demand.
6. Grantee shall have the right to trim or cut such tree roots as may endanger or
interfere with said pipeline and shall have free access to said pipeline and
every part thereof, at all times, for the purpose of exercising the rights
herein granted; provided, however, that in making any excavation on property of
the State, the Grantee shall make the same in such manner as will cause the least
injury to the surface of the ground around such excavation, and shall restore the
surface of the ground and any improvement thereon to as near the same condition
as it was prior to such excavation as is practical.
7. As further consideration of the granting of this Easement, State has the right
to connect a sanitary sewer service pipeline adequate to serve the needs of
State to Grantee's sanitary sewer pipeline within said Easement.
RES-tl00 �J/)II--REVERIE
STATE OF CAtIPOpflA saBK 13 E G 8 PG 10, 1
OOut4Ty OF range
C, .ty of San. Juan Capistrano January 9 in RO
° before on.,, the undersir�ned, a Notary Public in and for tho said Statc, peraon.d) ap;.'�Ird
If$NNETH E. FRT -ESS known to me to L° t!rc
Mayor Nr-A?RCand knoxn to me
to be the_T —Secretary of City of San Juan Caapistrano'I
_ municipal
they rporalion that executed the within Instrument, known to me to bo the pdrsoas c,l.o
executed the vntb. n Ir li nent on behalf of the Corpo atlon her m named and n�kncvr'.dFzd
., GcISCr �L St AL to me if,nt such Clu,,dlat 1i ".ocnied tie r:th!n Inst:m9l'"t pursuant 'to its by;aWs or a
resolution of Its board of d;,Lctors.
WITNESS .
ITNCSS my hand and o�raclal seal.
cc lr n. cap r � R 14, k080� �
7otap• Publi in and for said State.
a
LLY.fiDY.'LC CGIAC67—turn--Pres. b Se[.—wolcctls Ferm 22u—f:w. 364
STATE OF GAUFORNIA, - -
s WO MN OF ORANGE
!City of San Juan Capistrano
Ott_ January 10 tg 80 l
Wore me, the llnudralggd�, a Nle.d;r , Jwnc In art„ to, Ike Bald Slate, pefSdnally 2pl:eareu
_ known to me to be the
_President, and_ MARY ANN HANOVER known to me
to betheLi �lerk3so[stago- _Cit _of Gan Juan (pan Gtnanof
.mow OFFICIAL SEAL _munici al
CHF^•,' A IOHN.SON �---- —-- ------ - ---- -
e the Colporatton that executed the within Instrument, h.nov+n to me to be the persons <<ho
m „"^ NOTARv "-"c CALIFORNIA
C..A.�(.. coCAry executed the within Instrument, on behalf of file Corporation herein named, and acl,novrledged
my c_mm. expires ne 2s, 1981 to me that such Corporation executed the within Instrument pursuant to its by -laves or a
resolution of its board of directors.
WITNESS my hand and official seal.
No'� f I I is in and t and Slzb
CITI JF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
3K 13CO3Ps 1030
This is to certify that the interest in real property
conveyed by the Agreement and Grant of Easement - Underground
(type of deed - location and purpose)
Pipeline Easement, McCracken Hill area, Parcel EAS -996
•dated January 9, 1980 from State of California, Department
of General Services (CHP) to the CITY OF SAN JUAN CAPISTRANO, a
political corporation and/or governmental agency is hereby accepted
by order of the City Council on January 9, 1980 and the
grantee consents to recordat:ioi, thereof by its duly authorized
officer.
DATED: January 22, 1980
(SEAL)
MARY ANN I OVER, City Clerk
City of Mn Juan Capistrano,
California
r
BK 13608Pe 1032
State of California
RES -016 (2-79)
STATE OF CALIFORNIA )
ss.
COUNTY OF SACRAMENTO)
On this-----4th----------day
of
...... April -------^ 1980__, before me ---------------
CONSTANCE
K_OKINO- -
-
--a Notary
Public in and for the State of California,
personally
appeared -----
JOHN R.
-------------------------------------------------------
HEALY
known to me to be -------
Senior
Land_Agent________ --------- of_Real_Estate Services -
Division,
-----------------------------------------------------------------------------------
Department
of General
Services
and known to me to be the person___ who executed the within instrument on behalf
of the State of California and acknowledged to me that the State of California
executed the same.
tness my hand and official_ seal.
� t, L
4"INO
S
s NO PYPUBLICCALIFORNIAL"'''
CONSTANCE K. OKINO
May Ummitzio Expim Peb. 29.19U NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA