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05-0429_CALIFORNIA, STATE OF_Agreement and Grant of Easement_2005000327515RECORDING I,EQUESTED BY FIDELITY NAT:9NAL TITLE WHEN RECORDED MAIL TO City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 qq - This Document' s electronically recorded by Fidelity National Major Accounts Recorded in Official Pecords, Orange County Tom Daly, Clerk -Recorder 11 1111l 11111111111111111111111111[111111111111111111111111111111 24.00 2005000327515 08:00am 04/29/05 200 73 Al2 E01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 ABOVE Agency: California Dept of Highway Patrol AGREEMENT AND GRANT OF EASEMENT Project: Capistrano Area Office PUBLIC STORM WATER DRAINAGE File: TR03 057-E 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 the Department of General Services, hereinafter called State, and the CITY OF SAN JUAN CAPISTRANO, hereinafter called Grantee. State, pursuant to the provisions of Section 14666 of the Government Code of the State of California, hereby grants unto Grantee, its successors and assigns forever, an easement to locate, relocate, construct, reconstruct, alter, use, maintain, inspect, repair, replace and remove an underground pipeline for public storm water drainage, together with appurtenant manholes and underground facilities deemed necessary therefore by Grantee, over, 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. THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT. Dated 1"M2/L U e-, ZOOS— STATE OF CALIFORNIA Department of General Services GRANTEE: CITY OF SAN JUAN CAPISTRANO By Title �,,,�tc���✓�,1��7` By - Title PROVIDED, this Grant of Easement is subject to the following terms and conditions: 1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real 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 protect, save harmless, indemnify, and defend State, its officers, agents and employees, from any and all loss, damage or liability, including, without limitation, all legal fees, expert witness or consultant fees and expenses related to the response to, settlement of, or defense of any claims 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, provided such use does not unreasonably interfere with Grantee's 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 development of State's property. Within 180 days after State's written notice and demand for removal and relocation 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 thereupon shall reconvey to State the easement herein granted. 5. This Easement shall terminate in the event Grantee fails for a continuous period of eighteen (18) months to use this Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, deliver to State, at no cost to State, a Quitclaim Deed, to its right, title and interest hereunder. Should Grantee fail or refuse to deliver said Quitclaim Deed, State may record, in the Recorder's Office of the County in which said real property is located, a written notice reciting said failure, and such recordation shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence of such termination against Grantee. Grantee shall, upon State request, without cost to State, and within ninety (90) days from said State request, remove all property placed by or for Grantee upon said real property and restore said premises as nearly as possible to the same condition as they were in prior to the execution of this Easement. In the event Grantee should fail to restore said premises in accordance with such request, State may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. 6. In making any excavation on said real property of State, 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 replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition as they were prior to such excavation as is practicable. 7. Grantee understands that this Easement is within Capistrano Area Office, a state law enforcement facility, and Grantee agrees to contact the authorities in charge of said facility prior to any entry upon said land and to abide by such regulations and restrictions for access as the authorities in charge of said facility may impose. 8. This Easement occupies the same strip of land as that easement for underground sanitary sewer pipeline granted by State to Grantee by document dated April 4, 1980 and recorded May 15, 1980 in Book 13608 on Page 1028, Official Records of Orange County. 9. Grantee shall comply with the mitigation measures adopted for this project pursuant to the certified Environmental Impact Report or Negative Declaration. PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code It 81) On October 6, 2004 before me, Margaret R. Monahan, City Clerk personally appeared Nasser Abbaszadeh, Engineering & Building Director, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) Capacity Claimed by Signers Engineering & Building Director Title Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. Monahan, City Clerk OPTIONAL Description of Attached Document Agreement and grant of easement — public storm water drainage Title or Type of Document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of J On �/ �`� O ra?Dd5 before me, LTJ Data and Tula Cancer Y yagle (e.g.,'Jane Doe, Notary Vubl¢"1 personally appeared KIMBERLEY FUJII �f1OMY Comr•. # 1427472 N NOV' ULIC-CALIFORNIA told County Comm Evphet June3.� O2W1 Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons whose name(* is/aw subscribed to the within instrument and acknowledged to me that he/sIle/Wey executed the same in his/fjedthem authorized capacitypesj' and that by his/befftheir signature(s) on the instrument the persor),(e), or the entity upon behalf of which the personj%K acted, executed the instrument. WITNESS my hand and official seal. Signature of Not b�.,_ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _ / ._.— Signer(s) Other Than Named Above: Signer's Name: ❑ Individual ❑ Corporate Officer — El Partner — CI Limited C Attorney -in -Fact ILl Trustee / U Guardian onsery Ll Other. Signer Is Representing: Title(s): ❑ Ger 'J 1999 National NNary ASeo ilon - 9350 De Sono Ave P 0. Do. 2402 - CIIalSworlh CA 913132402 -.. raitmnalnetary.ory Pro. No 5907 Reorder Call Toll Free 1 -BM -876 6627 Government Code 27361.7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Kimberley Fujii Date Commission Expires: 06/30/07 County where bond is Filed: Yolo Commission No.: 1427472 Manufacturer/Vendor No.: VS11 Place of execution - Newport Beach FIDELITY NATI N T L OMPANY Date - April 28, 2005